Академический Документы
Профессиональный Документы
Культура Документы
3 ALYSSA CARTON,
4 Plaintiff,
7 Defendant.
10 TRANSCRIPT OF PROCEEDINGS
STATUS CONFERENCE
11 BEFORE THE HONORABLE KAREN B. MOLZEN
CHIEF UNITED STATES MAGISTRATE JUDGE
12 THURSDAY, MAY 11, 2017, 10:02 A.M.
ALBUQUERQUE, NEW MEXICO
13
14
19
20 Reported by:
25
1 I N D E X
3 PAGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1 STATUS CONFERENCE
7 those other cases that have been listed and have been
15 here today.
23 right.
10 with the Keleher firm here on behalf of New Mexico Bank &
11 Trust, CV-00164.
16 in the courtroom.
20 of it?
14 Number CV-00159.
17 00075.
22 entered an appearance?
5 00229.
14 case number.
16 Petty, 0085.
2 and 00083.
5 and 00297.
8 00309.
23 on behalf of 227.
2 Monica Garcia, Butt Thornton & Baehr. I'm here for 294
3 and 78.
15 again, please.
14 remaining cases.
18 AID.
20 say.
22 you, and I'm sure that some of the folks over here will
10 I was --
1 were saying, you know, they represent her, work with her,
5 financial incentive?
15 a contract?
21 was filed?
24 have just threw that out there, you know, when I was
8 attacking me, and I just thought, well, try and give them
15 from settlements, you know, but that's all I'm aware of.
25 the record.
7 Court.
17 people, so...
4 cases?
8 pauperis?
12 have to deal with the fact that that was filed, so...
24 fee.
3 23rd; and $400 on April 10th. Have you made any other
4 payments?
7 -- yeah.
5 businesses --
13 these.
3 time.
1 near a barbershop.
8 -- so it's possible.
12 your --
24 paying attention.
14 you just want -- yeah, you do want a name. The name was
17 that driver?
19 people.
21 Management Services?
23 is, yeah.
5 not a lot.
14 measurements?
5 find violations?
11 being changed.
17 tester.
25 again?
6 back?
14 concrete --
3 secretary's name.
18 doing so?
23 me, you know, get there, get through the parking lot.
23 her team about that, and I think, you know, we just kind
24 of...
1 that?
14 like that, or what we felt, and that, you know, that was
11 with her, and they -- it all just came across like they
15 that --
18 other questions.
21 perhaps --
24 questions.
25 Ms. Indahl?
21 coming.
15 her before.
5 familiar.
7 Conway is?
24 And so, you know, out of hearing about what's going on,
6 Iannacone?
10 news to you?
17 to said?
22 it?
10 Ms. Pomeranz?
15 or two, yeah.
10 me to Ms. Pomeranz.
14 name?
18 precise.
23 interruption.
14 Ms. Pomeranz?
2 question.
4 either.
8 of?
16 Management Services?
18 could be wrong.
21 for sure.
1 about that.
10 knowledge, no.
12 answered, Judge.
22 think so.
4 in my mind.
12 Management Services?
22 Sharon?
25 with me.
2 confidential.
6 did, yes.
10 that.
13 were confidential.
17 case.
21 confidential IFP.
8 agreement?
17 question.
23 for any sort of payment that you would receive under that
24 contract?
1 yeah.
14 question.
22 of it?
24 somewhere in my house.
6 says.
18 your IFP form was submitted on the form for the District
19 of Colorado?
24 remember.
5 Yeah.
9 against you?
19 apologize.
21 more time.
3 the driver. And that's the only person I met. Well, the
16 letting me speak. You know, she just acted like she was
19 at barriers.
21 her?
2 please?
6 little dizzy.
1 case.
1 picture.
4 name, please?
10 wrong.
16 measurements?
21 measuring tape?
24 that?
3 you're --
6 me?
5 ahead to --
10 would be on Exhibit J.
16 be a Chevron?
22 yeah.
19 that one?
10 do drive.
1 at that time.
7 Candies?
18 Buffett's.
21 all.
1 document?
5 I'm sorry.
15 photos were taken on different days than the one that you
16 appear in?
20 photos?
23 that?
14 don't know.
19 I'm sorry.
24 to ask her.
9 Depot?
24 the bathroom and you saw the two soap dispensers together
25 and you saw that one was ADA compliant, would you have
3 wouldn't, no.
7 store?
10 yeah.
13 Office Depot?
12 nature.
25 there was a $50 per test provision, and you've also said
1 that you got some money for settlement, and I'm wondering
16 So --
22 estimate?
14 point here.
5 access to it.
25 sorry.
4 agreements, or one?
12 memory?
3 I'm sorry.
10 I'm sorry.
17 assume so.
25 litigation.
2 microphone.
7 racket, when really family law is, you know, much more of
19 it. But the whole model didn't work for Ms. Carton, and
22 has told you. And we would like to, you know, respect
7 for IFP, indicating she could not afford those. I'm not
25 Nevada.
18 New Mexico ADA, your website. Are you familiar with your
19 website?
14 file --
17 at this point.
17 the moving force and doing all the work in these cases.
8 referred to them?
13 that is the same model they must have been using in their
22 and she gave me her income, and then I had my staff put
25 Colorado?
1 indigent.
6 correct?
10 working remotely.
19 here.
17 to --
21 time.
2 did not involve me, so you would have to ask them about
3 it.
9 said, when she met the group, that's when I hired them.
12 business in Albuquerque?
14 for litigation for the -- well, she had already told me,
15 when I met her at her house, all the barriers she faced
22 completed?
3 team.
8 Craig.
10 name?
12 Broadbent.
19 Conway.
21 team?
3 that's appropriate.
6 cases?
15 product.
1 work.
18 filing fees, and they were providing staff, and they paid
15 bring a lawsuit as --
18 individual?
23 a lawyer?
1 lawyer.
3 Mexico?
2 beginning?
12 She is indigent.
18 pay.
21 how is it fair, in your mind, that you can play fast and
8 my question. My apologies.
10 with funding, and get money under the table, apply for
13 Services?
16 individual plaintiff.
18 another --
20 money.
12 you.
22 question.
3 system.
17 our agreement.
20 protective order.
23 information.
1 Management Services?
3 first.
12 news and where this started, that Ms. Carton had been
15 for anybody.
19 cost of the filings that have been paid, the ones that
25 serve. They had to pay Ms. -- the theory with the money
1 that Ms. Carton received was that she would then use that
5 she didn't have the money to buy things. That was the
12 those expenses.
2 paid the filing fees to the court. They paid the process
9 costs.
11 driver, that they paid directly; you said the court, that
12 they paid directly; you said Ms. Carton, that they paid
13 directly?
2 not confidential.
5 (Background noise.)
13 court directly for those. I'm asking what they paid you
14 for?
21 decision.
23 they paid you for. The amount may be, and that's up to
5 invoking my confidentiality --
16 work product.
12 sponsor pays for it, you know, their person who's funding
24 with them. And I take a very small -- this was not about
6 protective order.
15 Ms. Carton?
19 for me?
9 actions.
1 changes hands.
23 respond.
5 use the restroom. And I would love to come back and, you
12 you.
21 You testified earlier that you work with Alex Callan with
2 on your team?
8 Honor, and I'm glad the Court has made us aware that even
9 though she had found some very solid violations, that she
19 Management Company.
23 Management Company.
5 didn't know that he had ever worked for AID, or does work
18 Management Services?
4 investigation?
8 here last week and Ms. Carton was not here, she had
15 rights action.
23 not Arizona.
12 question?
16 represented?
18 standing.
2 website.
10 states' websites?
7 is --
17 registered in?
5 apologize if I was.
6 Ms. Carton?
18 lawsuits?
25 businesses at all?
4 lawsuits?
12 I went wrong.
18 time.
24 conversation?
7 do?
9 upset?
2 subsided, and I just was willing to try this out this way
4 mean.
25 and, you know, too many opinions, you know, affected the
3 businesses and make them feel, you know, like they didn't
17 -- well, I'm not the one -- I'm not the one that did
3 bit about the news interview that you gave, but I don't
9 true, as you sit here today? The things that you said,
10 not what was reported by the news and things maybe other
4 said?
12 referring to?
17 court?
20 true.
17 disclosed.
23 specific.
2 case.
21 what's the word? I don't know what I'm looking for, but
22 you know...
24 fees?
4 I'm not really clear on how that's worded, but I'm -- you
8 as well.
9 You know, she's doing the best she can, and I'm
16 at all?
25 person's name."
5 going on.
14 But I did talk to the team at the time and say, "Yes, I
22 time.
1 Management Services?
21 your question?
24 don't --
1 reporter in Arizona?
6 prepare that?
25 Management Services.
14 them out?
25 do that.
3 Court.
14 who to ask to help me make sure that that is the way that
15 you're asking.
13 suits is $5,000?
18 recollection?
16 -- not the number, but the name of the bank. Into what
21 bank?
8 Labs.
13 parking.
17 understanding.
24 yes.
9 the buildings?
8 regard to the day care center that you sued, did you go
13 building or not.
15 through an intercom?
10 All right.
18 question?
25 type of business.
11 at a transmission shop?
14 business.
16 transmission shop.
21 didn't --
7 time that the complaint was filed against the person who
10 a car?
15 apologize.
21 correct, right?
3 bought a car.
6 3801 Eubank.
10 a doctor's office.
17 ophthalmologist.
7 that.
20 to the hearing?
5 here.
9 said?
12 front of me. Something along the lines that the bus had
17 up.
23 the text that you had sent, and she responded to me. I
5 she had deleted the text that you had sent to her.
8 circumstance?
12 you?
20 today?
23 here today?
25 car.
5 there?
11 system.
20 time, please.
3 handicapped transit --
8 monster.
21 in the clothes I had the day before, and by the time they
23 shower and get ready for the day. They showed up early.
10 was that I asked for that particular day, but they showed
16 more minutes.
18 and go, I'm not ready, and I'll just have to deal with
1 ill-advised.
13 ready for their day or, you know, they're still asleep or
20 reservation.
22 this morning?
25 courtroom?
2 courtroom.
9 mom, I suppose?
17 didn't explain -- with Sun Van, the way that that works
23 getting to court."
4 doing.
16 don't know.
18 I've apologized.
16 how they operate, and I knew that's how that was going to
18 saying, "I'm not able to make it. You can go ahead and
19 go."
22 driver --
25 wait, and she told him that she wasn't going today" --
7 words.
15 Court and everybody who was involved and, you know, show
20 consequence?
1 matter.
13 Your Honor.
7 agreement.
15 after the last hearing, I did get some calls from people
19 you know, let everybody here know that even though Ms.
5 community.
10 thought --
21 my cases?
19 sanctions.
21 ask?
1 business tomorrow.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
16
________________________________
17
JULIE GOEHL
18 FEDERAL OFFICIAL COURT REPORTER
Registered Diplomate Reporter
19 Registered Professional Reporter
Registered Merit Reporter
20 Certified Realtime Reporter
NM Certified Court Reporter #95
21 333 Lomas Boulevard, Northwest
Albuquerque, New Mexico 87102
22 Phone: (505)348-2209
Fax: (505)348-2215
23 Email: Julie_Goehl@nmcourt.fed.us
24
25