Telephonic Status Conference - S-21355A-25-0104 - Patrick B. Horsman et al.

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Arizona Corporation Commission 10 min 7 agenda items transcribed 3 days ago official recording ↗

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Who are the parties appearing and what is the purpose of this status conference?

Yvette Kinsey 0:00

ahead and go on the record. Good morning. I'm Administrative Law Judge Yvette Kinsey. And this is a time set for the status conference in Patrick B. Horstman et al. This is docket number S213558250104. And Just so we remember, we have our court reporter on the line who's trying to take down our words. So if we could just speak slowly and identify ourselves before speaking, that would help out a lot. And with that, can I have appearances for the record, starting with the division?

Cynthia Thomas 0:46

Good morning, Your Honor. This is Cynthia Thomas with the division.

Yvette Kinsey 0:51

Good morning, Ms. Thomas. And

Joe Adams 0:52

then for respondents, Good morning Your Honor.

How does the civil lawsuit timeline affect the Commission’s pending case?

Joe Adams 0:56

Joe Adams and Taryn Gallop of Snell and Wellmer for the respondents. All right. Thank

Yvette Kinsey 1:02

you Mr. Adams. And the reason that we scheduled a conference for today was I think the parties were trying to work on getting additional documents I believe that have been requested for productions. And correct me if I'm wrong. And I'll start with you Miss Thomas.

Cynthia Thomas 1:26

Your Honor, rather than getting documents, the reason for this particular status conference is Mr. Adams' clients are and have been for a couple of years a part of a pretty big civil lawsuit. Because some of the claims the division makes are similar in nature to what is being alleged in In the civil case, the parties best thought that it would be more appropriate to see how that civil case is proceeding as it relates to ours. The reason for that is that civil case had been pending for several years prior to the division having claims that we asserted in our case. The last time we spoke, there had been a proposed civil trial date for that civil case. I believe the new final date for the start of the trial in the civil case is now March 5th.

Cynthia Thomas 2:43

So the parties wanted the chance to inform the court of what has been going on between the last time we've spoken now. um the division's position oops sorry no no go ahead um the division's position right now um is if that civil case does proceed on may or march 5th um we would like to essentially defer to I guess the schedule that's happening in that case given how long it's been proceeding because we don't know for sure if it will start on March 5th.

What proposal is made to defer the April hearing pending the March trial outcome?

Cynthia Thomas 3:26

We're kind of I guess stuck on what we'd explicitly like to do today. However I have been given authorization that if the case does in fact proceed on March 5th if this is OK with Mr. Adams what we would like to do is continue our April hearing date to allow time for the trial to proceed and to conclude because the conclusion in that case might inform how we better resolve our case here at the Corporation Commission. So I guess my, oops,

Yvette Kinsey 4:07

sorry. Go ahead, Ms. Thomas, I'm sorry.

Cynthia Thomas 4:10

Okay, I guess my proposal today would be if Mr. Adams and if the court is willing, if the parties can file a joint status report on March 6th, to either inform the court that we would like to continue the hearing and that would give us time to I guess assess if the continuance is necessary what dates we'd be able to continue it to and then potentially also move the list of witnesses and exhibits exchange to about that same time.

Yvette Kinsey 4:54

Okay. And Mr. Adams, would you like to add anything to what Ms. Thomas has said?

Joe Adams 5:03

Sure. No, I think she has accurately represented, you know, our discussions and the status of things. I am not trial counsel in Superior Court, but I've been in touch with trial counsel and I have looked at some very recent documents. And I can tell you that we have a firm trial date set for March 5th. It is a five-day trial.

Why do the respondents support a continuance and what deadlines are at stake?

Joe Adams 5:22

And, you know, people are getting ready for that trial now. So we do expect it to proceed. There is significant overlap, almost complete overlap with the claims in that case and the claims in this proceeding, namely the specific representation that were made to investors. And so after the trial, we expect that the landscape will change in some respect. We don't know how, depending on how the trial goes. It could be that, you know, there have been findings that are made. Regardless of what findings are made, we expect that the key parties will have given a substantial amount of testimony.