Telephonic Status Conference - S-21355A-25-0104 - Patrick B. Horsman et al. - Jul 22, 2026

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

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What are the opening appearances and procedural reminders at the start of the status conference?

Yvette Kinsey 0:00

Good afternoon, everyone. I'm ALJ Yvette Kinsey, and this is the time set for the status conference for Patrick B. Horsman et al. This is docket number S21355A250104, and Just so as a reminder to everyone, let's try not to talk over each other so that our court reporter can take down our words. And please identify yourself before speaking. And may I have appearances for the record, starting with the division.

Cynthia Thomas 0:49

Thank you, Your Honor. This is Cynthia Thomas on behalf of the division.

Yvette Kinsey 0:54

All right. And then we have appearances for the respondents.

Joe Adams 1:00

Good afternoon, Your Honor. Joe Adams and Taryn Gallup for the respondents.

Yvette Kinsey 1:06

All right. Thank you. All right. Well, the reason we're here today is to get a status update on the case that's pending in Superior Court. And Mr. Adams, I'll go to you and let you start with our update.

Joe Adams 1:25

Sure. Thank you, Your Honor. I think last time when we convened, judgment had been entered in the Superior Court matter following a jury trial and following separate resolution of an equitable claim for unjust enrichment. But the time for appeal had not yet run. The time for appeal has now run. And what we've seen on the docket is there were notices of appeal filed by both sides. We don't have a lot of detail as to what they're appealing. The only thing that's been filed has been a notice. But my understanding is that my clients, who are the defendants in that case, have appealed the denial of a summary judgment motion.

How did Mr. Adams describe the current appeal status and briefing deadlines?

Joe Adams 2:01

And I believe that folks on the other side, the plaintiffs, have also entered notices of appeal. Looking at the docket in the Court of Appeals, we see that the first set of deadlines for briefs

Yvette Kinsey 2:13

Joe Adams 2:13

September.

Unknown 2:15

Excuse

Yvette Kinsey 2:15

me. Yes. Yes. I'm sorry. Hold on, Mr.

Unknown 2:19

Adams. Go ahead. Judge Kinsey, your audio is interfering with what Mr. Adams is saying. I'm sorry.

Yvette Kinsey 2:27

Okay, and I was muted, so I'm not sure that it's mine, but I'll just ask everyone to go on mute until Mr. Adams finishes speaking, okay?

Joe Adams 2:43

Thank you. Let me go through that again. Sorry about that. So, Your Honor, last time we convened, you know, we were uncertain about if notices of appeal were going to be filed, the time for filing them had not yet passed. We now know that notices of appeal have been filed by both sides in the case. And so the case is now up at the Court of Appeals. I pulled the docket this morning from the Court of Appeals and saw that the first set of briefs, opening briefs in this matter, are due to be filed on September 8th. So there is an ongoing appeal, and it is proceeding, and that is the deadline coming up.

Yvette Kinsey 3:22

It seems like we are still getting a little bit of feedback, and I'm not sure why. But in any case, thank you, Mr. Adams. And Ms. Thomas, did you have anything to contribute to the update for Mr. Adams?

Cynthia Thomas 3:39

Thank you, Your Honor. Just briefly, what Mr. Adams just described is essentially what the division understood it was waiting on as well.

What concerns did the division raise about scheduling a hearing date in 2027?

Cynthia Thomas 3:51

And so we at least now know that the appeal is filed and what the briefing schedule is. In between our last status conference and this one, my office did have an opportunity to speak a little bit with Mr. Adams and counsel who represents the, I guess at this point, the defendants in the civil case. So the division right now, we do have a couple of things that we're currently looking to follow up on as a result of our conversation with opposing counsel. So we, I guess, while briefing is going on in the civil case, we do have something that we are working on on our end as well. I guess what the division is currently looking at, though, and what our, I guess, Not necessarily major concern, but what at least our worry is, is right now it does look like hearing dates for most of next year are also starting to fill up with, I think right now we're looking at a hearing for one of our cases occurring July 9th of 2027.

Cynthia Thomas 5:06

The division does want to give the appeal at least early briefing enough time to occur so that we at least understand what the issues are since it doesn't seem like that is fully known at this time. So I guess the division's question to opposing counsel and I guess your honor would be