2012-03-27 Transcript Re Incivility

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    1

    TWENTY-SECOND

    JUDICIAL

    DISTRICT COURT

    2

    PARISH

    OF ST. TAMMANY

    3

    STATE OF LOUISIANA

    4

    5

    ELIZABETH

    VARLEY KEISTER

    NO. 2010-14558

    6 VERSUS

    7

    ROBERT SCOTT

    KEISTER

    DIVISION L

    8

    9

    * * * * * * * * * * * * * * * * * * * * * * *

    10

    11

    12

    TRANSCRIPT OF PROCEEDINGS t aken

    before t he

    13 Honorable Dawn Amacker, Judge

    Pre s id ing

    Div i s ion

    14

    L , Twenty-Second J u d i c i a l D i s t r i c t Cour t

    Pa r i s h

    of

    15 St . Tammany, S t a t e

    of Lou i s i ana

    on Tuesday

    March

    16

    27 2012 in Covington , Louis i ana .

    17

    18

    APPEARANCES:

    19 ELISABETH

    W

    RAMIREZ,

    ESQ.

    ATTORNEY FOR ELIZABETH

    VARLEY KEISTER)

    20

    JOYCE NANINE McCOOL,

    ESQ.

    21

    ATTORNEY

    FOR

    ROBERT SCOTT

    KEISTER)

    22

    23

    24

    25

    REPORTED BY:

    26 GISELLE B.

    FORD, RPR,

    CCR

    OFFICIAL

    COURT REPORTER

    27

    CERTIFICATE

    NO.

    85116

    28

    29

    3

    31

    32

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    1 TH COURT:

    2

    Keis t e r versus Keis t e r

    3

    Ms. Ramirez i s

    here ,

    and Ms.

    McCool.

    This i s ,

    4 again, a

    compliance

    hear ing . I f we have something

    5

    quick ,

    I

    wi l l

    deal

    with it

    now.

    I f

    not , I

    am going

    6 to p re t ry my cases . And then we ' l l - - I th ink we

    7 have a shor t hear ing I can

    handle .

    8

    Has

    there been compliance?

    9 MS McCOOL:

    10

    I c an ' t say

    for

    sure yet ,

    Your

    Honor, because

    a

    11 l o t of

    s t u f f

    was brought to

    my o f f i c e

    yes te rday , and

    12

    I

    was in

    cour t a l l

    day

    yes te rday . I j u s t

    picked

    it

    13

    up t h i s morning.

    14 TH COURT:

    15

    Okay.

    16

    MS McCOOL:

    17 I know

    t ha t

    some of it s still not

    t he re ,

    but

    I

    18 don ' t know how much of it

    i s

    ac tua l l y here .

    19

    MS RAMIREZ:

    20 Your Honor, we,

    in

    accordance with

    the

    Cour t ' s

    21 orde r s ,

    we

    provided supplementa l

    responses

    on

    the

    22 22nd of

    March.

    Yesterday,

    we

    got an e-mai l from

    Mrs.

    23 McCool, and she says , You don ' t have t h i s ,

    you

    don ' t

    24 have

    t ha t ,

    and

    you

    don ' t have t h i s . This i s

    the

    25

    f i r s t t ime I am hear ing I don ' t have something t ha t

    26

    she

    says t ha t

    I

    was

    supposed to .

    27

    But

    in

    any

    case ,

    Ms. Keis te r

    went

    and

    went

    over

    28 to her of f i ce and del ivered some o the r documents.

    29 You know, some

    of

    the

    documents she j u s t

    doesn ' t

    30

    have, l i ke the mortgage on the

    house

    and the

    31

    re f inance agreement.

    She ' s

    - -

    32

    TH COURT:

    2

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    1 Well l i s t e n , not to

    i n t e r r u p t you

    bu t t h i s

    2

    sounds

    l i k e

    it s

    g e t t i n g a little more

    compl ica ted .

    3

    This i s

    what it sounds l i k e

    to

    me i s t h a t

    you j u s t

    4 got documents you have

    to look a t ,

    which

    may

    o r

    may

    5 not

    s a t i s f y

    the compl iance hear ing

    s e t

    for

    today .

    6 My

    sugges t ion i s

    t ha t ,

    unless

    you have t ime to

    7 sit

    down

    and l ook a t

    a l l

    of them because you can see

    8 I have a l o t

    going

    on today, you might

    be

    able

    to

    say

    9

    t he re

    s

    compl iance .

    10 MS. RAMIREZ:

    11

    Yes.

    12 THE COURT:

    13

    I f

    you have t ime, let s

    t r y to

    sit down

    14

    somewhere. You c a n t use t he confe rence room

    because

    15

    I

    w i l l

    be

    using

    t h a t ,

    bu t

    f ind

    a

    wi tness

    room

    o r

    16

    somewhere to

    see

    if t he re i s compl iance .

    I f

    t he re i s

    17

    not , you can

    tell her

    w ha t s

    miss ing . And I wi l l

    s e t

    18 the compl iance hear ing

    again

    fo r ano the r week or two

    19

    and we

    can come back

    and

    con t inue to

    do

    t h i s u n t i l

    we

    20 have

    compl iance . All r i gh t .

    You

    may

    have

    a l l

    o f

    it

    21

    today .

    Why

    d o n t

    you go

    in

    a

    wi tness

    room

    somewhere

    22

    and

    see .

    23

    MS. RAMIREZ:

    24

    I am wi l l i ng to sit

    down

    with her in the wi tness

    25

    room.

    26

    THE

    COURT:

    27

    So

    we

    a re

    going

    to

    pass

    t h i s

    m a t t e r f o r

    now.

    28 Ms. McCool look

    a t

    every th ing

    and see if

    you

    can

    29 de te rmine if you have compl iance .

    30 THE OURT CONSIDERS OTHER MATTERS.)

    31 MS. McCOOL:

    32 Good a f te rnoon, Your Honor. Nanine McCool on

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    1

    b e h a l f o f Rober t Sc o t t K e i s t e r . This i s number

    2

    2010-14558.

    3 MS RAMIREZ:

    4 E l i s a b e t h Ramirez on b e h a l f o f

    El i z a b e t h

    Var ley

    5

    K e i s t e r .

    6 MS McCOOL:

    7

    Your

    Honor we were

    p r e v i o u s l y

    here on March 7 th

    8 on a compl iance h e a r i n g when

    you o r d e r ed

    Ms. Ramirez

    9

    and

    her

    c l i e n t

    to

    respond

    to

    t h e

    o u t s t a n d i n g

    10 d i scovery

    re q u e s t

    wi th in 15 days , a long wi th s e ve ra l

    11 o the r

    t h i n g s ,

    and

    we a re here

    today

    on

    compl iance .

    12 And I u n d e r s t an d t h a t you a re going to give them

    13

    an o th e r

    14

    days

    to comply.

    I am

    not a v a i l a b l e on

    14 t h a t da te , and

    I

    have to tell you Your Honor wi th

    15

    all

    due

    r e s p e c t ,

    I

    d o n t

    see

    t he

    p o i n t

    in

    coming

    16

    back.

    17

    18

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    9

    30

    31

    3

    TH COURT:

    I

    know

    you d o n t ,

    Ms. McCool

    b u t t h a t s why

    -

    MS McCOOL:

    Can I p l e a s e

    f i n i s h ?

    THE COURT:

    No.

    I m t a l k i n g . Why d o n t you b o t h be s e a t e d

    because

    I have a

    few

    t h i n g s

    to say abou t

    t h i s

    one.

    And I d o n t need any deep s ighs , and I d o n t need

    anybody

    i n t e r r u p t i n g me.

    I t o l d

    both

    o f you

    l a s t t ime , and

    I am

    going

    to

    say

    it aga in , I v e hea rd abou t

    a l l

    I

    want

    to h ea r on

    t h i s compl iance

    r u l e .

    Las t t ime

    I t o l d you I d o n t

    s p l i t t he

    baby.

    I d id

    something

    t h a t was v e ry hard

    on

    Ms.

    Ramirez .

    I look a t t h e c o u r t orde r s . She has

    compl ied wi th

    t h e v a s t m a j o r i t y o f

    what

    I asked h e r

    to

    do. The one

    t h ing

    I

    see

    t h a t

    she

    d id

    not

    do i s

    4

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    1

    t ha t

    she d i d n t f i l e

    a c tu a l l y in

    the record on the

    2 day she was supposed

    to , which

    was l a s t Thursday the

    3

    answers .

    She

    has now

    f i l e d

    t ha t

    today.

    4 I unders tand

    from Ms. McCool

    t ha t , you

    know

    5 from

    what

    I m hea r ing from you - - I am

    not ge t t ing

    6

    i n to

    the d e t a i l s

    today

    - - t ha t

    t he re

    are

    still some

    7 responses t ha t you have not rece ived , and they

    are

    8 de f i c i en t

    because

    you j u s t rece ived

    them

    on Thursday

    9

    and

    I

    th ink

    you

    t o ld

    me

    over

    the

    weekend

    t he re

    were

    10

    some

    th ings t ha t you had to do. You did your

    bes t

    11 you could

    with

    it but you still even today weren t

    12

    able

    to

    even

    get

    to

    t h i s u n t i l you got to cour t

    13 today. There

    are

    still some de f ic ienc ie s , in your

    14

    opin ion , t ha t she needs

    to

    get to

    you;

    i s t ha t

    15

    co r rec t ?

    16 MS. McCOOL:

    17

    T h a t s

    co r rec t , Your Honor.

    18 TH COURT:

    19 And

    what

    I

    had asked both

    of you in

    chambers

    i s

    20

    for you two

    - - because

    you two c a n t

    speak

    and I am

    21

    going

    to

    address

    t ha t

    in

    j u s t

    a

    moment

    as

    wel l

    22

    what I

    had asked

    you in

    chambers i s to come in

    here

    23

    and on the record , pu t on the record, j u s t as if you

    24

    had

    your

    10.1 conference - -

    I

    guess

    t h a t s

    what

    w e l l

    25 c a l l

    it t ha t you

    had e a r l i e r today what

    you still

    26 f ind to be de f i c i en t , if

    you are

    prepa red to do t ha t

    27

    on

    the record

    so

    Ms.

    Ramirez

    can

    know

    in

    no

    28 uncer ta in t e rms

    what

    she has

    to

    come

    back in

    here

    29 and

    give

    us .

    30

    Now I

    have

    cour t

    almost

    every day of every

    31

    week

    of

    every month o f every year ,

    here

    in fami ly

    32 cour t . Mr.

    Moormad

    i s

    smi l ing because

    he knows

    t ha t

    5

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    1

    i s t r u e . And

    t he bot tom

    l i n e

    i s , I d o n ' t

    c a re

    if you

    2 c a n ' t

    come.

    I

    j u s t

    p ick ed a day out

    t h ree

    weeks from

    3 now. Come on

    t h a t

    Monday

    t h a t Wednesday t h a t

    4

    Thursday

    o r

    t h a t Fr iday .

    Jus t

    check

    wi th

    my

    c l e r k

    5

    here

    and p i c k

    one

    o f

    those

    days o f t h a t week and come

    6 in

    on t h i s compl iance he a r ing .

    7

    8

    9

    10

    11

    12

    13

    Now it w i l l still

    be

    b e fo re t h e Cour t , Ms.

    Ramirez do

    you owe Ms. McCool a d d i t i o n a l

    a t t o r n e y ' s

    fees

    as

    a

    r e s u l t

    o f

    t he s e

    th ings

    t h a t

    should have

    come

    in a long

    t ime ago.

    I d o n ' t know. I w i l l

    l i s t e n to

    a l l

    t h a t

    on

    t h a t day.

    I f t h e r e ' s been

    f u l l

    compl iance and you two can ge t it re so lved , you

    d o n ' t

    have to come

    in on

    t h a t day.

    I

    t o l d

    you t h a t l a s t

    14 t ime. You j u s t

    l e t my

    s e c r e t a r y know and you ' r e

    ou t

    15

    16

    17

    18

    19

    20

    21

    22

    o f

    here .

    There i s

    p e r so n a l an imos i ty between

    t he

    two

    o f

    you t h a t w i l l end today, a t l e a s t while you a re in my

    cour t room

    o r

    in t h i s cour thouse ,

    or

    t he re w i l l

    be

    consequences .

    I f I hear t h a t

    anyone ' s

    be ing c a l l e d a

    f reak

    or a

    b i t ch

    o r making g e s t u r e s towards each

    o the r

    where

    someone

    might

    t h ink

    they

    might

    be

    in

    danger

    o f being

    p h y s i c a l l y

    a s s a u l t e d , you w i l l answer

    23 to me and

    you

    w i l l answer t o the Bar .

    24

    Does

    everyone

    unders tand

    t h a t ? In no u n c e r t a i n

    25 t e rms ,

    it

    ends here today . You have t he r i g h t

    to

    26 f r ee speech. But I

    r ead you

    t he

    Code

    of

    Profess i ona l

    27

    Conduc t .

    t

    w i l l

    not

    happen

    ag a in

    t h a t

    I

    hear

    about

    28

    it in t h i s

    cour thouse o r

    my cour t room.

    29 Ms. Ramirez do

    you

    unders tand t h a t ?

    30 MS. RAMIREZ:

    31 Yes.

    32 TH COURT:

    6

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    1 And Ms.

    McCool

    do you u n d e r s t an d

    t h a t ?

    2 MS. McCOOL:

    3 I

    do

    Your Honor.

    4

    THE

    COURT:

    5 Thank

    you v e r y much.

    Now you can, all

    day

    7

    8

    9

    10

    l ong , tell me you d o n t agree wi th what I am

    doing

    today , and t h a t i s f i ne . I w i l l no te it for t he

    re c o rd . But

    you

    w i l l come back on t h i s one .

    It w i l l

    be

    con t inued

    u n t i l

    - -

    do you

    have

    your

    c a l e n d a r s ou t?

    What

    day

    o f t h a t

    week can you make i t ?

    I f you

    c a n t

    11 make it on Tuesday

    can

    you make it on Monday t he

    12 16th?

    Do

    we

    have c o u r t on

    -- what

    days do

    we

    have

    13 c our t t h a t week

    Dawn?

    L e t s j u s t

    p i c k ou t

    days .

    14 MS. RAMIREZ:

    15 Can

    I

    j u s t

    ask

    t h i s one

    que s t i on .

    I f

    she

    has a

    16 de f i c i e nc y ,

    can

    she g ive me t h i s list?

    17

    18

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    29

    30

    31

    32

    THE

    COURT:

    She i s going

    to

    g ive

    it

    to you

    r i g h t

    now in j u s t

    a moment.

    MS. RAMIREZ:

    Okay.

    T h a t s

    what

    I

    was

    wai t ing

    fo r .

    THE

    COURT:

    But let s t a l k

    about

    the d a t e

    one minute

    first.

    What da te do we

    have?

    M D M

    CLERK:

    The 16 th , 17 th o r

    19 th .

    THE

    COURT:

    T h e r e s

    the da te s

    on t h a t week.

    I d o n t c a re

    which one you come. Can you do t he o the r two? Ms.

    McCool says

    she

    c a n t do

    the

    17 th . Can

    you

    do the

    16 th or

    t h e

    19th?

    MS. McCOOL:

    7

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    I

    apologize,

    Your Honor.

    I

    am

    in

    a conference

    2

    3

    a l l

    t ha t

    week.

    THE COURT:

    I am

    not

    even going to

    be

    in

    town.

    4 Do you want to do it the

    next

    week? What

    about

    5 the

    next

    Tuesday? What s the next Tuesday, Dawn?

    6 M D M CLERK:

    7 It s the 24th.

    8 THE COURT:

    9

    How

    about

    the

    24th?

    10 MS. McCOOL:

    11 I

    w i l l

    be here on something

    e l se ,

    so yes .

    12 THE COURT:

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    Ms. Ramirez,

    can you

    make it

    on the

    24th?

    MS. RAMIREZ:

    I

    th ink

    so.

    THE COURT:

    24th ,

    9:30 a.m. All r i gh t .

    Now Ms.

    McCool s

    going

    to put on

    the record

    for you,

    Ms.

    Ramirez,

    and

    you e i the r get a copy of it

    or you make

    good

    notes

    because , by goodness ,

    these

    t h i ngs

    had

    b e t t e r

    be

    suppl i ed .

    I

    d o n t

    want

    to

    hear

    any

    arguments about

    it by

    the

    t ime

    I

    see you

    next

    t ime. And the only th ing I would

    suspec t

    you might

    be here on i s are there

    more

    a t to r n e y s fees and

    25 cos t s due. What are they,

    Ms.

    McCool?

    26 MS. McCOOL:

    27 The

    outs tanding

    discovery?

    28 THE COURT:

    29

    Well,

    what you

    say,

    as o f

    your

    meet ing today,

    30 she h a s n t suppl i ed to you. Tha t s what I need to

    31

    know.

    32

    MS. McCOOL:

    8

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    1

    Per

    my e -mai l

    sen t on

    Fr iday ,

    a t

    6:54 p.m,

    Your

    2

    c l i e n t does not inc lude any

    ev idence

    of the mortgage

    3

    and r e f i nance

    t h a t t he

    Kei s t e r s executed in J u ly

    4 2010. S p e c i f i c a l l y , p le a s e have her p rov ide a copy

    5

    o f

    a l l

    c l os i ng

    documents and any documents

    executed

    6 p r i o r

    t o , or

    in a n t i c i p a t i o n

    o f r e f i nanc i ng , as

    wel l

    7

    as d e t a i l s of a l l ext raneous accounts

    t h a t were

    pa id

    8 o f f by the

    r e f i nance ,

    if such accounts were pa id o f f ,

    9

    during

    the

    course

    o f

    the

    c l os i ng

    or

    as a

    c ond i t i on of

    10

    the

    r e f inance .

    That r e que s t

    has

    been ou t s t a nd ing

    11

    s inc e September 6th of 2011.

    12

    TH

    COURT:

    13 You've got

    t h a t

    down,

    Ms.

    Ramirez?

    14 MS RAMIREZ:

    15

    Yes.

    And

    I

    j u s t

    want

    to

    say

    t h a t

    Ms. Kei s t e r

    16 has

    reques ted

    it from t he mortgage

    company.

    17

    TH

    COURT:

    18

    Tha t ' s t he one you s a i d might t ake t en to

    19 four teen days to

    get i t ?

    20 MS RAMIREZ:

    21

    Yes.

    She ' s

    asked

    for it

    from

    the

    mortgage

    22 company, so we a re dependent upon them as to

    when

    23 they send it.

    24 TH

    COURT:

    25 Where i s

    the

    mortgage company?

    26

    MS RAMIREZ:

    27

    Where i s

    i t ?

    28 MS

    KEISTER:

    9 I

    hone s t l y

    d o n ' t

    know

    where

    it s l oca ted , Your

    Honor.

    be l i eve it s in

    C a l i f o r n i a .

    It s a

    0

    31

    subs i d i a ry of USAA

    It s

    U.S.

    Bank

    and

    Mortgage.

    32 be l i eve it s in

    C a l i f o r n i a .

    9

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    1

    TH

    COURT:

    2 I f you have

    to

    c a l l them

    every day

    or walk out

    3

    to C a l i f o r n i a yourse l f ,

    I

    have given t h i s one

    - - t h i s

    4 has been going on s ince September o f l a s t year ,

    and

    I

    5

    mean

    it

    when

    I say I

    want t hose documents

    produced

    by

    6

    nex t

    t ime. Are we

    c l e a r on t ha t ?

    7 MS KEISTER:

    8

    Yes, Your

    Honor.

    9 TH COURT:

    10

    Thank you very much.

    What e l s e ,

    Ms.

    McCool?

    11

    MS McCOOL:

    12 And I

    j u s t want

    to

    make

    it

    very

    c l e a r t ha t I am

    13 no t

    asking for a mortgage

    document .

    I am ask ing

    for

    14 a l l

    t he

    documents t h a t went

    with

    t h a t c l os i ng because

    15 Ms.

    Ramirez

    has

    r epea t ed l y sa id

    mortgage

    document .

    16

    I am

    making very c l e a r t h a t

    i s

    not what

    I am

    asking

    17 fo r .

    18

    MS RAMIREZ:

    19 Jus t

    a

    que s t ion .

    I d o n t know

    about r e a l

    20

    e s t a t e ,

    what

    the r e a l e s t a t e a t t o rneys do

    and

    a l l of

    21

    t ha t . But

    the

    a t t o rneys

    t h a t

    pass

    t he

    s a l e s , maybe

    22

    they keep cop ies o f

    t h i s kind o f

    th ing in

    t h e i r

    23

    f i l e s .

    24 TH

    COURT:

    25

    I d o n t know.

    I am

    not

    g e t t i n g i n to t ha t today .

    26 J u s t do your b e s t t o ge t it

    27

    MS RAMIREZ:

    28 Okay.

    29

    TH COURT:

    30

    I f it

    i s t o t a l l y

    unavai l ab le

    and

    you

    have proof

    31

    o f

    t ha t , wel l ,

    guess

    what, I am

    not

    going to

    hold

    you

    32 to g e t t i n g it

    But

    you

    b e t t e r

    have

    someth ing

    to me

    10

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    1 t h a t says it i s una va i l a b l e what she i s

    ask ing

    fo r .

    2 What e l s e ?

    3 MS. RAMIREZ:

    4

    Righ t .

    5 MS. McCOOL:

    6 Well

    she prov ided s p e c i f i c

    i n fo rmat ion wi th

    7 rega rd to t h i s

    p a r t i c u l a r

    accoun t in

    her

    DOL so I

    8 b e l i e v e t h a t

    she

    has some i n fo rmat ion t h a t has no t

    9

    been prov ided to me.

    10 TH COURT:

    11

    I am no t

    l i s t e n i n g

    to

    arguments

    about

    it today .

    12 I am j u s t t e l l i n g you

    if

    you

    have it g e t

    it

    t o h e r ,

    13 o r if you

    can

    ge t it g e t it

    to

    he r .

    14 MS. RAMIREZ:

    15

    T h e r e s

    no

    document .

    She

    got

    t h a t

    from

    c a l l i n g

    16

    17

    18

    19

    20

    21

    22

    3

    24

    25

    6

    27

    8

    29

    30

    31

    32

    t he mortgage company.

    TH COURT:

    I f

    you and Ms.

    McCool

    cou ld speak

    wi th

    each

    o t he r ,

    t h i s

    would

    be r e a l

    easy .

    MS. McCOOL:

    I m

    t r y i n g .

    MS. RAMIREZ:

    I f

    I

    cou ld .

    TH COURT:

    Lis t e n

    to me.

    Other

    than be ing

    in my cour t room,

    I

    do

    a l o t

    around h e re .

    I d o n t dea l g e n e r a l l y with

    eve ry

    b i t

    o f

    communicat ion

    in

    d i scovery

    i s s u e s

    between a t t o r n e y s .

    MS. RAMIREZ:

    I unders t and .

    TH

    COURT:

    I v e

    only done t h i s one because

    o f how

    11

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    1

    acr imonious it

    has been between the two of

    you.

    2 What s the next one?

    3 MS McCOOL:

    4

    There was

    a pr i o r

    mortgage t ha t was

    re f inanced

    5 in Ju ly of

    2010.

    I

    would

    l i ke

    a l l

    the c l os i ng

    6

    documents

    t ha t

    a re assoc ia t ed

    with

    t ha t p r i o r

    7

    mortgage.

    8 MS RAMIREZ:

    9

    We

    d o n t

    even

    know

    where

    t ha t

    i s .

    10

    MS

    KEISTER:

    11 Those were des t royed

    in Kat r ina .

    12 TH

    COURT:

    13

    I

    d o n t

    need a

    response today about

    it. I f

    14

    15

    16

    t h a t s your

    response , put it

    in

    wr i t ing and be

    prepared

    to

    prove

    it.

    I f

    it s ava i l ab le

    from

    anothe r

    source , you

    have

    to ge t it.

    17 All r i gh t . Next .

    18

    MS McCOOL:

    19 I f

    they wil l

    provide

    the address of the pr i o r

    20

    mortgage

    company and the account number fo r t ha t

    21

    mortgage,

    t ha t

    w i l l

    a l so

    s a t i s f y

    t ha t

    reques t .

    22

    TH

    COURT:

    23

    Write t h a t down, Ms. Ramirez. What s next?

    24

    MS McCOOL:

    25

    Those

    were the two

    t ha t are

    remaining . There

    26 were

    severa l t ha t

    were

    provided today, not before the

    27

    compliance

    date .

    28 MS RAMIREZ:

    29

    Your

    Honor,

    I

    j u s t

    want

    the Court to know t ha t

    30

    we

    haven t

    been

    j u s t hold ing

    on to

    documents and not

    31 producing them j u s t for

    the

    fun

    of it.

    We d o n t

    32

    r e a l l y

    - -

    we

    d o n t have

    these

    documents .

    12

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    1 THE COURT:

    2 Well

    - -

    3 MS. RAMIREZ:

    4 We are going to do

    our

    bes t to ge t them.

    5 THE COURT:

    6

    I unders tand .

    The ru l ing

    of the Court

    i s

    what

    7 it i s . I wil l see

    you back on

    the cour t

    da te

    which

    8 we ass igned .

    Did

    we f i na l l y ass ign i t ?

    9 M D M CLERK:

    10

    Apri l

    24th.

    11 THE COURT:

    12

    Apri l 24th. There s your no t ice . Be here ,

    13 unless t h e r e s compliance. I f

    t he re i s ,

    let s get

    14 over it and

    move

    on everybody.

    15

    MS. McCOOL:

    16

    Your

    Honor on

    t ha t note , I

    must say

    t h i s - -

    and

    17 I r ea l i z e t ha t

    you are

    out of pat ience with

    me

    but ,

    18

    f rankly , I d o n t see the poin t in - -

    19 THE COURT:

    20 Excuse

    me.

    I

    am

    what with you? What

    did

    you

    21

    say?

    22 MS. McCOOL:

    23 You

    are

    out

    of

    pa t i ence with me and I

    - -

    24 THE

    COURT:

    25

    No no no. No Ms. McCool. I have

    the

    26 pat ience of

    Job.

    27

    MS. McCOOL:

    28 I

    agree

    with

    you.

    You do have the pa t i ence of

    29

    Job.

    30

    THE COURT:

    31

    Let me

    j u s t

    say t h i s :

    I am not out o f pat ience

    32 with you and I

    am

    not

    out of p t i e n c ~ with Ms.

    13

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    1 Ramirez.

    I am t e l l i n g both of you what I

    t o l d

    you in

    2 chambers I was going to do, then, when I came out

    3 here . All I

    am hear ing i s

    t ha t ,

    you know,

    reasons

    4 t ha t you want me to do something e l s e . I have cases

    5 t ha t

    are

    s e t to be t r i e d t h i s af te rnoon. I t o ld you

    6

    what

    I was

    going to do

    back in chambers. I

    7 unders tand your c l i e n t s

    f ru s t r a t i on

    with the

    8

    s i t ua t i on ,

    and I unders tand you

    two

    d o n t l i ke each

    9

    o the r ,

    but

    we

    are

    going

    to

    move

    on.

    Does

    everyone

    10

    unders tand

    tha t?

    11

    MS McCOOL:

    12 And, Your

    Honor, then, I

    would l i ke

    to make,

    on

    13

    the

    record ,

    t ha t

    I objec t to the fac t t ha t t h i s i s

    14 being

    ignored,

    t ha t Mrs. Ramirez s conduct i s being

    15

    ignored .

    And

    even

    though she

    admit ted

    to

    her

    conduct

    16

    in

    your

    chambers

    and now my c l i e n t has pa id for me to

    17 be

    here a l l

    day

    aga in . And

    I m so r ry .

    I unders tand

    18 t ha t you have a l o t more impor tant t h i ngs to

    do

    than

    19 t h i s , so do I .

    20

    MS RAMIREZ:

    21

    Well,

    you

    know

    - -

    22

    MS McCOOL:

    23

    And I did eve ry th ing t ha t I

    knew

    how to do not

    24 to be here

    today .

    25

    MS RAMIREZ:

    26 Well , Your

    Honor - -

    27

    MS McCOOL:

    28 And

    i n s t ead

    29

    TH COURT:

    30

    I d o n t need

    e i the r

    one o f you to say anyth ing .

    31 MS RAMIREZ:

    32 Okay.

    14

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    1 TH COURT:

    2 I am

    c u t t i n g

    you

    bo th o f f

    a t t h i s po in t , and I

    3 am making t h i s one s ta tement . I sa id when I

    saw

    you

    4 o r w i l l see you

    t h ree weeks

    from now

    Ms. McCool

    I

    5 h a v e n t i gnored any th ing . I sa id it s

    still

    before

    6 me a t t o r n e y s fees

    and

    cos t s . We

    w i l l see

    if t he re

    7

    i s compl iance .

    8 We

    d i sag ree

    on

    whether o r

    not

    the

    Cour t ,

    a t

    9

    t h ree o c lock ,

    having

    d e a l t

    with

    t h i s

    and

    many o t he r

    10 m a t t e r s a l l day long, has ignored you. I d i s a g re e

    11 with t h a t s ta tement .

    12 MS McCOOL:

    13 I

    d i d n t

    mean to say t h a t

    you

    ignored

    me.

    14

    15

    TH COURT:

    You

    may

    remove

    yourse lves

    from

    the

    cour t room.

    I

    16

    w i l l

    see you back on t he c our t da t e . Thank you

    very

    17

    much.

    18 MS RAMIREZ:

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    29

    3

    31

    32

    Thank

    you.

    15

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    1 REPORTER S CERTIFICATE

    2 This c e r t i f i c a t e i s v a l i d only for a

    3

    t r a n s c r i p t

    accompanied by

    y

    o r ig in a l

    s i gna t u re and

    4 o r ig in a l

    r equ i red

    sea l on

    t h i s

    page .

    5 I , G i se l l e B. Ford

    O f f i c i a l Court

    Repor te r ,

    6

    in

    and for the Sta t e

    o f

    Louis i ana , employed as an

    7 o f f i c i a l c our t r e p o r t e r by the Twenty-Second J u d i c i a l

    8 D i s t r i c t Cour t , for

    the

    Sta t e

    of

    Louis i ana , as

    the

    9

    o f f i c e r before

    whom

    t h i s

    t es t imony was

    t aken ,

    do

    10 hereby c e r t i f y t h a t

    t h i s

    t es t imony was r e por t e d by me

    11

    in

    t he

    s tenotype r epor t i ng method

    was prepared and

    12 t r ansc r ibed

    by

    me or under my d i r e c t i o n

    and

    13

    supe rv i s i on ,

    and i s a t r u e and c o r r e c t t r a n s c r i p t to

    14

    t he

    bes t of y

    a b i l i t y and unders t and ing ;

    t ha t the

    15

    t r a n s c r i p t

    has been

    prepared

    in

    compliance

    with

    16

    t r a n s c r i p t

    format

    gu i de l i nes r equ i red by

    s t a t u t e

    or

    17

    by

    ru l e s o f t he board or by the

    Supreme

    Cour t

    o f

    18 Louis i ana , and t h a t I am not r e l a t e d to

    counsel or

    to

    19 t he p a r t i e s

    here in ,

    nor am I o therwise i n t e r e s t e d in

    20

    t he outcome o f

    t h i s mat te r .

    21

    22

    23

    24

    25

    26

    -------------------------

    Gise l l e

    B.

    Ford

    CCR, RPR,

    C e r t i f i c a t e

    No.

    85116

    Current and

    in

    good s t a nd ing

    CERTIFICATE O

    ILING

    I

    hereby c e r t i f y t h a t the foregoing t r a n s c r i p t

    27

    has been

    submi t t ed to

    the

    Clerk

    of C o u r t s Off ice

    28

    for

    f i l i n g

    i n t o t he record on

    the

    ______ day

    o f

    29 2013.

    30

    31

    32

    Gise l l e B. Ford CCR, RPR

    16