(Names and locations changed to protect the guilty.)




August 16, 1999


1-08        THE COURT:  Jones versus Smith.

1-09        MR. JONES:  Good morning, your Honor.

1-10   Mr. Jones here, plaintiff. Defense here?

1-11        MR. SMITH:  Lowe Sharknette for the

1-12   defendant.

1-13        MR. JONES:  Very good.

1-14        THE COURT:  I'll call my calendar, Mr. Jones.

1-15        MR. JONES:  Very well - -

1-16        THE COURT:  Thank you.

1-17   All right.       This is here on. I don't know

1-18   what this is.

1-19   I just don't accept paperwork, Mr. Jones.

1-20        MR. JONES:  It's pertinent, your Honor, in a

1-21   future issue.

1-22        THE COURT:  Okay. It will be placed in the

1-23   file.  Did you get a copy of it?

1-24        MR. JONES:  Not yet, sir.

1-25        THE COURT:  You're required to serve him

1-26   before I can accept it.

2-01        MR. JONES:  We have it right here. It can be

2-02   served right now.

2-03        THE COURT:  Well, serve him with it.

2-04   Thank you. Now we'll place it in the file.

2-05        MR. JONES:  Thank you.

2-06        THE COURT:  All right. What do you want to 

2-07   do today? Do you want to set a trial date?

2-08        MR. JONES:  Not at this point in time. There 

2-09   is some administrative procedural issues that have

2-10   arisen that I need to do before proceeding. I'll do

2-11   forthcoming.

2-12   However, there are a couple of questions I'd 

2-13   like to ask.

2-14        THE COURT:  Let me remind you, again, I can't 

2-15   give you legal advice. I indicated that the last

2-16   several occasions. That I -- some of the questions, I

2-17   may be able to answer. Some I can't.

2-18        MR. JONES:  Okay, very well. Could you give 

2-19   me your full name, your Honor?

2-20        THE COURT:  My full name?

2-21        MR. JONES:  Yes, please.

2-22        THE COURT:  You can look it up. Roy 

2-23   Stephen LeGumé.

2-24        MR. JONES:  Roy Stephen LeGumé.

2-25        THE COURT:  Steven with a, ph, thank you very 

2-26   much. I use my middle initial, though.

3-01        MR. JONES:  Do you or anyone you know of, at 

3-02   this time, have a claim against me?

3-03        THE COURT:  A claim against you, me, or 

3-04   anybody? I know what are we doing here, playing

3-05   20-questions.

3-06        MR. JONES:  These are questions I need to 

3-07   proceed on with the procedural administration issue.

3-08        THE COURT:  I have no claim against you, 

3-09   Mr. Jones. I didn't know who you were until you walked

3-10   in this court as a plaintiff.

3-11        MR. JONES:  Okay. Very well. Thank you. 

3-12   And can you -- do you know whose name is signed on

3-13   this?

3-14        THE COURT:  That's mine.

3-15        MR. JONES:  That's your name? Very well. 

3-16   Thank you very much.

3-17        THE COURT:  That's where I vacated -- the 

3-18   clerk, erroneously, filed your first-amended cause of

3-19   action. You did not ask for leave of Court to do that.

3-20   You have to do that, or get a stipulation with the

3-21   other side agreeing.

3-22        MR. JONES:  I understand that.

3-23        THE COURT:  But maybe they'll agree. But I 

3-24   vacated the order because the clerk, erroneously, did

3-25   that.

3-26        MR. JONES:  Yes. For the record, I wish to

4-01   enter an objection. That's all I have to handle at

4-02   this time other than setting a new trial conference --

4-03   trial readiness conference day.

4-04        THE COURT:  When would you like to do that, 

4-05   sir?

4-06        MR. JONES:  60 days would be fine with me.

4-07        THE COURT:  Let me hear from the other side.

4-08        MR. SMITH:  As far as we're concerned, we 

4-09   have a motion pending to compel a deposition on the

4-10   30th. After the deposition, we're ready to go with

4-11   trial or arbitration, as the Court sees fit.

4-12        THE COURT:  Well, Mr. Jones wants another 

4-13   case management conference. And he --  maybe the other

4-14   side will agree you can file your first-ammended 

4-15   complaint.

4-16        MR. JONES:  Sorry. I -- could you speak up a 

4-17   little bit?

4-18        THE COURT:  Sure. I said Mr. Jones wants a 

4-19   continuance of the case management conference. And so

4-20   I'm going to do that because he may want to file a

4-21   motion to file his first-amended cause of action, or he

4-22   may want to see if you'll agree that he can file it. I

4-23   don't know. But that's the way these things are done

4-24   if you want to do that. I don't know if you still want

4-25   to do that.

4-26        But there are some other matters, apparently,

5-01   relating to the depositions and stuff. So, I don't

5-02   know what that's all about, but Judge Simmons will be

5-03   hearing that, I assume, on August -- what date did you

5-04   say, the 30th?

5-05        MR. JONES:  Sorry. There's a date set for 

5-06   another hearing?

5-07        THE COURT:  I guess so.

5-08        MR. JONES:  I have not been aware of that or 

5-09   informed of that.

5-10        THE COURT:  All I know right now is there's a 

5-11   motion to compel, which is - - motion to compel

5-12   plaintiff to attend a deposition. That's probably what

5-13   your documents are here about - -

5-14        MR. JONES:  I understand that.

5-15        THE COURT:  -- wait, wait, wait. Will you 

5-16   listen to me a second? I'm going to give some

5-17   information. That's set for Monday, August the 30th at

5-18   1:30 in the department that handles those types of

5-19   disputes, department S7, Judge Simmons. That's where

5-20   it's set right now. I don't know if you've been served

5-21   or not.

5-22        MR. JONES:  I haven't and I must object.

5-23        THE COURT:  Well, they reserved the date for 

5-24   it and I'll let the process takes it's course.

5-25        MR. JONES:  Has -- has that document been 

5-26   filed?

6-01        THE COURT:  I don't know. You've asked -- 

6-02   it's not in my file yet.

6-03        MR. JONES:  Okay. Therefore, it's --

6-04        THE COURT:  Well, I don't know, sir. 

6-05   Sometimes the paperwork does not make it to our file,

6-06   although, it may be in the clerks' office. I have no

6-07   idea. Why don't you get with the other side and ask

6-08   him if he's filed it yet.

6-09        MR. SMITH:  It was filed on the 6th of this 

6-10   month and served the same day by mail.

6-11        THE COURT:  Okay.

6-12        MR. JONES:  I object. I have not been served 

6-13   with that document --

6-14        THE COURT:  Okay. Thank you.

6-15        MR. JONES:  -- and this is the not the forum 

6-16   to discuss that at this time.

6-17        THE COURT:  Fine. Fine. I'll set your case 

6-18   management conference for about 60 days. Monday,

6-19   October 18th at 8:  30

6-20        MR. JONES:  If that's 60 days.

6-21        THE COURT:  I can't -- that's 60 days.

6-22        MR. JONES:  October -- okay, October.

6-23        THE COURT:  18th, 8:30, right here.

6-24   One other thing, Mr. Jones, I will note on 

6-25   the paperwork that you turned in today, you appear to

6-26   have listed a street address in Mount High Boulevard.

7-01        MR. JONES:  That's a address by which I can be served process.

7-02        THE COURT:  That is what you want the Court 

7-03   now to have as your address to send you notices?

7-04        MR. JONES:  That was the address since we had 

7-05   this issue back on the first hearing date.

7-06        THE COURT:  Well, I don't know if it is or 

7-07   isn't, but that is the address by which you can receive

7-08   process?

7-09        MR. JONES:  That's it.

7-10        THE COURT:  I'll have defense give notice of 

7-11   the next hearing, okay?

7-12        MR. JONES:  This hearing is closed?

7-13        THE COURT:  Yes, it is.

7-14        MR. JONES:  Thank you very much.

7-15        THE COURT:  Thank you.

7-16        MR. SMITH:  Thank you, your Honor.