Telephonic Procedural Conference - S-21301A-24-0076 - EFG America, LLC

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Arizona Corporation Commission 16 min 8 agenda items transcribed 3 days ago official recording ↗

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What is the purpose of today’s status conference and who are the parties involved?

Ibed Kinsey 0:00

Okay. Sounds perfect. We'll go ahead and go on the record. Good afternoon. I'm administrative law judge Ibed Kinsey. And this is the time set for the status conference in the matter of E F G America L L C et al. This is stocket number S. Two one three zero. One A Two four. zero zero seven six and just as a reminder to the parties don't forget our court reporter is trying to take down our words. And let's try not to talk over each other. And if you could please just state your name um before you speak so that she can um pick up on the voices that are on the call. And let's start with our appearances for the division.

Wilzida Schmidt 0:52

Yes, good afternoon. This is Wilzida Schmidt, Councillor for the Division.

Ibed Kinsey 0:56

Yes. And for respondents?

Greg McGill 1:00

Good afternoon. This is Greg McGill for the respondents, EFG America L C. Doug Femright. Mark Boyd and spouse and Donald Carroll and spouse.

Ibed Kinsey 1:13

Thank you, Mr. McGill. All right. And the reason that we call the status conference for today was to um give me an update on what's happening with the case. And um Mr. McGill, since it's your um petition, do you wanna s start and tell me what's been happening since we last got together?

Greg McGill 1:35

Yes, of course. Thank you, Your Honor. Uh Well what what's happened in the in the interim is there was a uh Yes, as I'm I'm sure you know, um there is a Uh petition that was uh granted Uh for a petition for review was granted by the Arizona Supreme Court. regarding the overarching issue as to whether this uh proceeding is subject to a jury trial. That's kinda kinda the overarching issue, if you will.

What updates did the respondents give on the Supreme Court petition and its timeline?

Greg McGill 2:09

before the Arizona Supreme Court. Presently. Yeah. That uh That petition was was argued the before the Arizona Supreme Court. On uh just last month, just a couple weeks ago, February nineteenth. And uh So that that was argued. And uh And my information and and as I understand it, uh one of the amicists that's representing the respondents. Uh Uh Adi Dinar. um who was at the oral argument. He's indicated recently to me. I do they have quite a bit of experience with with state Supreme Court. decisions and also be uh SCOTUS, United States Supreme Court. Oh experience. He indicated that the average time period or The Arizona Supreme Court to issue a decision. And well, obviously he doesn't know when they're gonna issue the decision.

Greg McGill 3:22

But his information was that the average time period was about nine months. Um the argument, as I say, was conducted on uh Just uh a few weeks ago on February nineteenth. If you were to run that out. nine months that would put it to November. Now I know your last order Your last order was dated november twelfth, twenty twenty five. And you had uh requested this status conference today. And Uh you have In on November twelfth of twenty twenty five, you had scheduled The Evidentiary hearing in this matter. Or

How did the parties propose handling the pending hearing while awaiting the Supreme Court decision?

Greg McGill 4:07

July twenty seventh through August. Eleven Uh So and and also your order. Indicated that you wanted to start seeing some prehearing activity in terms of, you know, witness lists and that sort of thing. by May twenty seventh. Um Today's March nineteen. So Uh, my suggestion. And I think Adi, you know, as the amicus, I think he had suggested this in an email. this morning to uh The division's council, Miss Schmidt, who's on this call. He he suggested Um an adjustment to the hearing or or holding the hearing in abeyance until the Arizona Supreme Court issues its its ruling. I don't think I I don't think I need to go through the Prejudice. And uh the waste of resources and time to everyone, frankly, wouldn't just be with respect to the respondents, but also

Greg McGill 5:13

also the division and and your honor as well, the the ALJ resources and time if we had We had a two week Evidentiary hearing before the Arizona Supreme Court. issues of ruling. on such a serious issue as as to the appropriate venue or what venue the respondents are entitled to. Um under uh Arizona law in the Arizona. constitution provisions. Uh You know, it just it so my my suggestion, Your Honor, having done that, and s sorry for sorry for the long answer to your question. But um My suggestion is to either You know, res reset a status conference for some time in May.