(Names and locations changed to protect the guilty.)

Style of the judge: Gentlemanly, accommodating, concerned about what the parties want.




May 5, 2000


01-08        THE COURT:  Two.  Jones versus Smith.

01-09        MR. JONES:  Good morning, your Honor.

01-10        THE COURT:  Hello, how are you?
01-11        MR. JONES:  Fine.

01-12        MR. DUNNO:  Good morning.  That was number
01-13   two, Jones versus Smith? George Dunno for Robert

01-14   Smith.
01-15        THE COURT:  What do you want me to do on this

01-16   case today?
01-17        MR. JONES:  Well, at this time, I believe

01-18   we're ready to move forward.  So it is my wish that the

01-19   first amended action be refiled, and that it be done so

01-20   in within the next 60 days.
01-21        THE COURT:  You want to file an Amended
01-22   Complaint?
01-23        MR. JONES:  A First-Amended Action, as

01-24   discussed earlier.  Actually, in the first couple

01-25   hearings of this case.
01-26        THE COURT:  Well,, whatever.  You don't want

02-01   me to set a trial date yet?
02-02        MR. JONES:  No.  I have to file the
02-03   First-Amended Action before you can do that.
02-04        THE COURT:  Okay.  Make a motion.  We'll set

02-05   another case management conference in this case, and

02-06   you can -- you'll have to file a motion to file a

02-07   First-Amended Complaint.
02-08        MR. JONES:  Oh.
02-09        THE COURT:  That's how it works, unless they

02-10   agree to it.
02-11        MR. DUNNO:  I was looking -- we're just

02-12   representing Robert Smith.  I'm not sure what the

02-13   First-Amended Action is going to be.  Are you going to

02-14   name some new people?
02-15        MR. JONES:  There are a couple of different

02-16   issues involved in that, yes.  And as far as I

02-17   understand it, they acquiesced to it.  We gave

02-18   everybody notice, and they had time to object to it,

02-19   and nobody objected to it.  So, as far as I'm

02-20   concerned, it's ready to be -- it should be filed.
02-21        MR. DUNNO:  Okay.  I'm sorry.  It's not my

02-22   file.  I don't have all the details.  I have that we

02-23   are -- we've -- we're defending Robert Smith only.

02-24   there's somebody else who is going to be brought in,

02-25   and there's been some discussion on that --

02-26        MR. JONES:  Well, it would -- this whole

03-01   issue has been discussed over the last half dozen

03-02   months, on and off.
03-03         MR. DUNNO:  I'm not unclear as to what it is

03-04   about.  I'm -- I'm unclear --

03-05         MR. JONES:  I guess I have to file the
03-06   First-Amended Action to make that clear.
03-07         THE COURT:  They don't agree.  You have to

03-08   file a motion.
03-09        MR. JONES:  I don't know the exact date we

03-10   notified everybody that we intended to do so.  Within

03-11   the time frame given, as far as I'm concerned.

03-12   Everybody acquiesced to the filing of the First-Amended

03-13   Action.
03-14        THE COURT:  Well, I don't think -- I'll just

03-15   put it out another 60 days, or so, for case management,

03-16   and you'll have to file a noticed motion.
03-17        MR. JONES:  Okay.  I'm -- I'll do the
03-18   research on that and see what needs to be done then.

03-19        MR. DUNNO:  Or if it's something we can agree
03-20   on by stipulation, call and let's talk about it.

03-21        MR. JONES:  Okay.  Evidently --

03-22        MR. DUNNO:  If you're going to be naming
03-23   anybody else --

03-24        MR. JONES:  Everybody ignored it, to date, by
03-25   what's been filed in the file.  So, like I said, it was

03-26   notified up --
04-01        THE COURT:  Wait.  Contempt? That what

04-02   you're talking about?
04-03        MR. JONES:  No.  It goes way back farther

04-04   than that.
04-05        THE COURT:  Farther than that?
04-06        MR. JONES:  It was probably this -- oh, I

04-07   don't have my file with me, but it was -- sorry.  But

04-08   it was at least six months ago that we gave notice of

04-09   filing of the First-Amended Action and gave everybody

04-10   30 or 60 days in which to respond and object if they so

04-11   wished to lodge such an objection.  Nobody objected so

04-12   we moved forward, filed the First-Amended Action, which

04-13   was handled as it was.
04-14        THE COURT:  It got sent -- yeah, that's the

04-15   one that got sent back to you.
04-16        MR. JONES:  Right.
04-17        THE COURT:  And which the --

04-18        MR. JONES:  The administrator and procedural
04-19   issues we've been dealing with to this point --

04-20        THE COURT:  The clerk sent it back.  They
04-21   filed it, and then they realized, as I recall, that

04-22   they -- here it is.  June 9th of '99, about that or --

04-23   on/or about that time.
04-24        MR. JONES:  Maybe more than six months ago.

04-25        THE COURT:  Filed on demand.  Was filed --

04-26   First-Amended Action was filed on demand.  This was -

05-01   this is what the clerk said.
05-02        MR. JONES:  I believe, even before the

05-03   hearing, before that -- that you agreed that the

05-04   First-Amended Action should be filed.
05-05        THE COURT:  Well, I said you should --

05-06        MR. JONES:  I don't remember these --

05-07        THE COURT:  The problem is, I can't remember
05-08   now.
05-09        MR. JONES:  It's been a while.
05-10        THE COURT:  Anyway, it got rejected by the

05-11   Court and sent back to MR. Jones, and then ensued a

05-12   series of debates over some issues.
05-13        MR. JONES:  Yes.
05-14        THE COURT:  But there was a First-Amended

05-15   Complaint that was attempted to be filed back June 9th

05-16   of '99 and I indicated that there was no leave of

05-17   court, or stipulation, or dully noticed motion.  We can

05-18   disagree with that still, I suppose, but --

05-19        MR. JONES:  I'll have to get to the
05-20   paperwork, and I'll --

05-21        THE COURT:  -- but he did attempt to file
05-22   something.
05-23        MR. DUNNO:  Okay.
05-24        THE COURT:  So if you don't want me to set a
05-25   trial date, I won't, yet.
05-26        MR. JONES:  Not yet.  I think we need to

06-01   handle this issue since all the past issues have been

06-02   resolved.

06-03        THE COURT:  You want to come in in 60 days?

06-04        MR. JONES:  Think that should be fine.

06-05        THE COURT:  Wednesday again?

06-06        MR. JONES:  Sure, Wednesdays are great.

06-07        THE COURT:  Wednesdays with -- if, you know,
06-08   June 7th at 8:30.  You want official notice?
06-09        MR. JONES:  No, I think I'll pass.
06-10        MR. DUNNO:  Waive notice.
06-11        THE COURT:  All right.  We'll wait and see

06-12   what you file.
06-13        MR. JONES:  Thank you.