Telephonic Procedural Conference - S-21353A-25-0098 - Climate Care Innovations, Inc., et. al.

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Arizona Corporation Commission 9 min 8 agenda items transcribed 2 days ago official recording ↗

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Who are the parties and counsel appearing at the procedural conference?

Yvette Kinsey 0:00

o'clock, it's ten o'clock, so let's go ahead and go on the record. Good morning. I'm administrative law judge Yvette Kinsey and this is a time set for the procedural conference in the matter of Climate care innovations, Inc. at all. This is docket number S. Two one. Three, five, three, eight. two five zero zero nine eight. And just as a reminder, um our court reporter is trying to um cover our proceeding this morning. So let's try not to talk over each other. And if you could identify yourself before speaking, that would be very helpful. All right. And can I have appearances for the record starting with the division?

Cynthia Thomas 0:51

Good morning, Your Honors. This is Cynthia Thomas on behalf of the division.

Yvette Kinsey 0:55

Good morning, Miss Thomas. And who do we have for the respondents?

Jeff Gardner 1:00

Good morning, Your Honor.

What update did the division give on the missing production and subpoena response?

Jeff Gardner 1:01

This is Jeff Gardner with Corals and Brady. With me today is my colleague Chris Shanley as well. He's also with Corals and Brady.

Yvette Kinsey 1:09

All right. Thank you, Mr. Gardner. And the reason that we call the procedural conference today was I think we had a discussion a few months ago um in trying to switch the respondents over to um you, Mr. Gardner, I believe from a former um attorney. So um if you don't mind, um Miss Thomas, can you just give me an update on where we are? Uh yes, Your Honor.

Cynthia Thomas 1:39

Um so Mr. Gardner and I've had a couple of emails and a couple of chats between the two of us. Um it's my understanding that he now represents uh all of the remaining parties in this matter. Um So um we had continued our prehearing conference um a couple of months ago, uh so that the division could receive some production from an earlier subpoena request. Um, we got An an early subset of the production, we are still missing um some items that would allow us to make our most informed determination of the direction we'd like to take this case. Um and if there is a uh possible uh consent that can just be done between the parties.

How is Tiffany Chase’s health situation affecting the case timeline?

Cynthia Thomas 2:31

Um So that's what we're still waiting on. Um I uh emailed Mr. Gardner yesterday. I think our plan for today is to uh have one more continuance of of a scheduling conference. I know The uh person who is in charge of getting production for the companies um seems to be severely ill. Um, and to that I can let Mr. Gardner speak on a little bit more. But that's where the division stands today, Your Honor.

Yvette Kinsey 3:04

Okay. Mr. Gardner, you want to add to that?

Jeff Gardner 3:08

Absolutely. No problem. And and thank you as well for getting us together today. Um, the division is correct. We uh are the council of record in this case. Farhang Medcost was originally the council uh of record for the respondents.

What steps are the respondents taking to obtain additional information from the division?

Jeff Gardner 3:27

It is still involved. That's really where the client relationship resides, but for the purposes of this matter, uh we're representing the remaining respondents. Uh the division is also correct. There was a production and response to a subpoena du cysteekom early on, and we're in the process of trying to push our client for any additional information. The division is correct. There is a I I guess the technology guru, the technology officer, if you will, the respondents is an individual named Tiffany Chase for record purposes at C-H-A-S-E. Um and The divisions are right. This is really, really unfortunate 'cause uh Miss Chase isn't chronologically advanced and and yet uh is fighting for her life right now.

Jeff Gardner 4:15

She's been moved from uh regular hospice to full hospice care and isn't supposed to make it. Um Through the end of this year. We've reached out to John Jensen, who is one of the respondents in this case. He's um, you know, let's call it the the alleged controlling person, if you will, for the respondents. And we're doing all we can to try to do a supplement. Our clients are certainly interested in resolving things with the division. And so we're gonna try to get any additional information that's relevant to the securities division. Um You know, as we discussed before with the division, there isn't a a robust amount of information and obviously everything that we have so far we've produced, but we're gonna see if we can't get anything else and continue to work with the division to resolve this matter amicably.