h

STATE OF WISCONSIN

CIRCUIT COURT Branch 3

CHIPPEWA

COUNTY

2 3
4

JEFFREY

P, ERBS, Petitioner, CASE NO. 2010 FA 11

vs.
MARY ANN ERBS, MOTION HEARING

7 8 9 10 11 12 13

Respondent.

HONORABLE CIRCUIT

STEVEN R. CRAY

COURT JUDGE, PRESIDING September 8, 2010 Falls, Wisconsin

Wednesday, Chippewa

County Courthouse,

Chippewa

.... l'

14 151 16 17 18 19 20 21 22 23 24 25 JEFFREY

APPEARANCES P. ERBS, the Petitioner, counsel. appearing in

person without

PAMELA J. VEITH, Attorney Eau Claire, Wisconsin Respondent,

at Law, 706 First Avenue, for the

54703, appearing personally.

who appeared

Reported by Connie G. Dillon, RMR, CRR

n
"

THE COJHT: Jeffrey?

3

This is :n He L:-Je an i2qe et M and Ma~y A~~ Erbs, is ~e~e in persoll withoL~

':rbs, Pe~itio~er, The petiLione~

Respondent. cou~sel.

T~e ~espo~dent Pa~ela Veitj.

is here in person and wit~

~e~ counsel

6
7 8'I 9 10 11

We have a nu~ber of me~ior;s and some schedJling te do en chis. As far as -- I bel ieve the ~o~ t.je

first ene we s~ould take OLt is the motjo~ s~ay.

Mr. Erbs, is t~ere anyLr.ir:gyou wish Ltcaeie: :0 submitted :0 the cOUct?

w~at you've alceady

MH.

;::RBS:

I still think it's necessary. ouL I was

1;

It ':':.ay bE' the "roper -- p~oper mo:ien, :lOt denied a sLay o~ proceedi~gs

or writ of a s:ay of

(,
proceedings by che supreme ceurL, so I go: ~hat not'ce

IS
16
17,

last week, so 1 do~'t lmagi~e yoc'ce goi~g to do a~y di~ferent t~an t~ey did. 1 still thin< iL's necessary. bei~g discriminated againsL I tr..i~k I'm

18 19 28 2'
22

irl this case arId ~rea:ed inclcdi~g

\l~fairly, a~d in llgh: that I'm disabled, TH~ COJHT: bit.

Let's b~eak ~~aL up a little Why

New, yeu say thaL you think i:'s necessary.

is it necessary? MR. ER3S: Why I think it's necessary is,

2~
25

Your Henor, is chis:

This case has fraud involvement Mark Mullerl

in it, and thd: includes :~e two aLLo~neys

and Deen

~es:er

Liptak

a~d

t~e

cespondent. YO:. motions not been and

':':'1 a t

has

r.ever

2 3
4

addressed

by the

cOUct

Thece's request from that jus: ever co~rt for relief as

certdi~ly that have

that

have

r.o~ oc everl

hedcd

ye:,

5
6 7

as far away this dor.'t gOlng whole

Februacy has

26:h,

it just

seems dnd I I'm

eve~t

boor. qu~to there's

ur.ldwful, a chance out

I don't to get any

thi~k

:ha:

:aic~oss

or equity

0:

this

hearing

or court

pcoceeding.

:c
~l down there

'!'J-'r: COUR1':

O:<ay.
Now,

WeI::", you've been

le:..

creak

~tl2t

a little are

bi:,

okay? thaL

i'1d!cdted heard.

that

12

motions --

have

not

1 have

gor.e through
\

14

MR. THE MR.

ERGS:

Parden

me, me

Yo~r

Honor

--

COlK'!': Excuse ERBS: Kot

~o:ions. me, I'm now go~ng tha~ to :hccc ~tle :,t:a: medl.cal -- ar.d

17

TIiE COCRT: respond

~xcuse that

,8

:0 you,

and

is :hat

:'~ aware

.~sa ~otiO~l ~or ilw~~d at 20

acLien. there was There's a cequest

cos~s fo~ mai~La!n~rlg

for ma~ntena:1ce exam and and

a reques: dS well ~he :he

for a vocational S~dY; tha:

22 23
24,

records, Lhose are

dS the that

the ~oLion

Lhree

I have

outsta'1dir.g. -- to disqualify respondent's

mot~or. to discegard -- I'm sorry, the

251

:he

peLiLioner's

''\
3

attor:ley was gra~lled. wos denied. was denied.

The motien

:01

dp.faul;:~:Jdgrr.erlt

2 3
;

The April JO:~ motion

to serike cocu~enes

4
::J

The mo;:io:lto st~lke portions temporary orde~ was cenied.

of the

The disqua1ifica:.io~ of

6 7 8 ,
9

Ms. VeLlh was denied,

and thp.r-e was a disc:ove~y

request that was gra~ted on ::Jly Hth, 7010. So what other motions
besides

:.he ttlrcc

de

you believe are s:i11 outstandir:g? MR. ERRS: relio~.

.:;-IE

10

Not mo~ions,

requests

for

n
12 13 :4
.1 5

cmu'J':

Okay.

Anc what requests

fo~

~elief co you believe ~2. E?OS:

are outstar-ding? On February 76, I ~ad ~equest

for relie: tt:at the:l Judge Camero:l would do ~is d\;L ies acco~ding to 60.04 (3) (b) and lepor: the lwo il;:eO~:leys of ~awyer ?egu1atior, arId also T as~ed

16 17,

;:0 the Office

,
18 19 70 7 :. 22 23 24 25 for- damages, motion. carnages and costs of the d:squalifical'en

!HS COJ?T:
t~at's st; 11 pending. of Judge Cameron, w~ether thal

Ard as I irldicated :0 YO!l, As ~ar as the ~olie~ requested LS :or Judge Camerorl to decide to atlorney

or :lot it sho:Jld be repor:ed agencies,

~egulation

a~d that is not somet.hi'lg; ca~ ~hal is somp.:hing that a:l observer

do anythi~g about.

!)
4

1 2

r.as La ma~e ~heir own dete~~ina~ion. something

That is not

that anocr.ec j~dge can do or req~ire. What e:se -- and t~en as far as the costs,

3
4 5 6
7,

I will ~eserve

that at this time because

I'm going to I believe

reserve costs on all othe~ mac ions because we are approaching heard. Are there any other reques~s that you believe are outstanding? MR. ERBS: THE COURT: request Not at this time. Okay.

final hearing w~ere they all car. be

for relief

9 10
11

Then as far as the I also have had a on your request have

12 13.

for a stay of proceedings,

chance to review the court's decision to them for a stay of this action.

(\ 14
15 1 17

Ms. Veith,

you had a chance to see that as well? MS. VEITH: Supreme Court? THE COURT: MS. VEITH: letter? Yes. Yeah. Just the one-page Is that the response from the

18 19

21 22 23
241

THE COURT: MS. VEITH: THE COURT:

Yes. Yes, I did see that. Okay. Is there anything on the motion you for

would like the court to consider stay?

25

:'-15. V::ITH: Well, our posit~on,

2

Your Honor,

would be t~at proceedings.

I. here

isn': any basis for a stay in the lhe courl wi~h

3
4

Mr~ ~rbs has~'t provided

any ~asis today. His comp:aints are chie~ly that he has or for

6
7

I:is complainl

was chiefly

lhat ~e had requests

relief out :he,e t~at ~adn't been addressed, do~'t k~ow how those wo~ld be addressed proceedings are s~ayed. So there stay the p-occcd~ngs.

a~d T

8
9

if the

~C

isn't any basis for t~e court to ']'tlis~s a divorce

actiorl.

17.

don't know, why would we stay the p,oceedings

at this

13 14 15 16 17 on that.

':"cl!':

COU?T:

Okay.

That :'-1r. ::rbs,

bel ieve, rec;uested t:,e stay Court

which was Lied in to his request La the Supreme to do a review o~ matte~s subseq~ent

to July 8 o~ 2CCC

l'~ sorry, April -- no, it was July 8th of 20l(). Is l~at co~rec:, :'-1r. Erbs? 20 You req~ested that the

S~preme Cou~t not e)~ly review tile writ of marldamus but

,
211

matters right?

subsequent

to that date.

Eave , gel (hiJt

22 23 24
7.5

Y1?. E?~S: reviewed, as

The ent~re case's Your Honor.

going tel oe

understand,

TH~ CCURT:

Weii,

l~at's ~ot what they

said.
7

Let me just get tllat in front of me here. is the

August 7~th of 2010, the court, and thIs Wiscons~n Supreme Co~rt,

3
4 5 6
7

iss~ed a r~ling that said t~e the petition -- the motion of

court, having considered the petitiu~er, all additional in Chippewa Jeffrey

P. Erbs, to include any and

litigatioll and court records affected

Cour.ty Case Nu~ber 2010 FA 11 after J~ly lr. ~r.e aDove case, is held in for

8 9 1

1, 2010, to the fi:e ana records the court then ordered abeyance

that that motion

10
11

and will be considered

with the petition

writ of mandamus. Based on that, the court has said ~hat it, at this juncture, is not agreeing ~o rev~ew anything

12
1]

in 2010 FA 11, either before or after July 1st, 2010.

l~

As there is nothing at this point that is being reviewed by the Supreme Court in this file, I do r.ot believe for staying decides that there is a basis in law or in fact this action; that if the COllrt la~er matters, then ther~ but unless

16
17

18

to review any additional

70

will be a stay, by statute, and until that would occur, -- the Wisconsin

of this matter, I believe

21
22
2:J

that the court that this the

S~preme Court is indicating ar.d, therefore,

w.atter shou:d proceed; w.otion to stay.

I'm denying

24 25

Then, I believe,

you stated that you are --

1 2

believe

that you are being discriminated

aga1nst

in

light of YOllr disability.

~ollld you describe against

to me

3
4

how you are being discriminated system due to your disability?

in the co~rt

5
6 7 8 9 10 11

MR. F.RBS:

Vour Ho~or,

I sent in a request for ~yself to

to the Clerk o[ Courts, qet an audio transcript. An a~dio transcript

1S

Karen Hep~lcr,
! was denied

by yourself.

a reasonable

accoIT~odation. has
LO

It's not like the whole b~ild'ng remodclod, and ~t cer~ain:y

be

wo~ld ~it underneath

the

,
,

1990 ADA act as [or a reascr:able accommodation -- as it is not very expensive simple thir.g. THE COURT: was is beca~se
dOCU:"1cr.:-. s .

as it's

17: 1"

a~d it's a pretty

"

J
I
I 5'
16 17 l8

And the basis in youc moLion in halldli:lgpaper

o~ your dillic~lLy

Is that correct?
ME. I::IUlS:

At ti:::es, yes. COI:nse~, do yo~ WIsh ~o weigh

TIiE COURT: in on this topic?

19
2 ~), 21.
I

MS.
';HI::

VE=TI-::
COUi''J':

,",0.
Okay.
J

made my ru_:ng, and I

22, ?3
24

believe

t~a~ the
:1"

approp~iatc acco~~ocation is :0 r.avc transcripts that a::c

YOl: have, provided

yo~ req~esc,

~o you in electronic

form cather ~han 1n

25

prir:tecifon~,. You certair.ly may req~est ~hat.

That way yeu don't have to deal wit~ t~e ;/

3 4 5

paper, and so t~at

I be:ieve

that ~~at is the It's one c~at's YO:l may

apprope iate accomr:-,oda tion ~e ee . already bern conte~plated; p~oceed :n that fashien, MR. ER3S: eequestf'd, THE COURT: copy, Y0L; will receive

a~d, therefore,

6
"I 8 9

YOL;r lienor, t'1at is what ~

And if Y0L; order an electronic it. So ~hat's bee~ available and so t'1at if you

~C
11 1 ;>
13

for years through courc reportcrs request a transcript

in t'1e !L;luee, Y0L; should ask [0:

it i:1elec:tronic for~, and tl!at wlil be qranted, You just have to pay the neoessary the repoeter, paper cost, MR. ERBS: BE
I

[ecs to

!\ ,

1~ 1 ~'

and the cost of t'1at is no ~ore than the

"!

1 61 171 181 19
1

Your lIo:lor'? '!es. Can I o~der that now? Well, you can oeder at t'1e end lIas to do the:l is and t~e cost.

COURT:

~R, ERBS: T:JE COURT: of tl:e !Ieari~q. :0 de:e~mine

1 201 2 ]i 22

What the reporter

the leng:h of t'1c hearing

The~ yo~ sL;pply to the repartee

t~e reLairler necessa~y it.

n
2~ 25

to cover the cost, and then you will receive MR. ERBS: THE COUWI': ~hank you,

'j'1e r,ext thing I ha ve is U'.e

(-9

1 ;I 3
4 , ~,

respondent's

I'eqcest for a voca~iurlil: exam reco~ds.

and

disc:osl:rR or medical accomplished Ms. Veit:J? f'CS. VEITH:

TIE: COJRT:

Has that been

or is that so~eclli~g we need to discuss,

:;:s hat my reqL:est? t

Yes.

6
7,

MS. VSITH: discovery requests? THE COURT:

Are you talking about our

8 9 10
11

Yes.

MS. V~I'I'H: Oh, we haver:'= -- yea~, that is a mo=ion thR court wil: have to add~ess provided ~oday. when

12

thR court with my affidavit. indicating a~d provided a comp1e=e

-'.

~3

we sRrved the discovery response,

:4
15
1 6' 17

that a copy of the response

that we received

from Mr. ~rbs, and that's t~e only :~ing :'VR received :rom Mr. Erbs. So i: the court wants me to go ir.cc detall as to our motions, we ~ay do that. Okay. Well, why don't you do

18 19 20

THE COJ~T: that at t~is time. MS. VSITII:

n
22 23 24' 25
,/""".

Sure.

As indicated

in our

motion, we served Mr. Erbs with requests production

for

of docL:me~ts, a first and second reqL:cst, They were served on Mr.

and a:so interrogatories.

Erbs via mail on May 19t!I, 20;0.

10

.J

1 2

The on June Judge 21st,

respo~se answers
2010. Judge

a~d response
on July

were

due

At the hearing Cameron ordered response

8t~ before to answers for

3'
4
I

Cameron, us with

Mr. Erbs including

provide

a complete

to the interrogatories
6 7

and response within

to the request

production

of documents I've attached

ten days. the response, in Mr.

to my affidavit in which it.

and I ever. h'ave the envelope if the court wishes to view

they arrived what

Essentially to the

Erbs did was not provide

11 12 13

any answer

interrogatories, C to my affidavit, signed July 29th,

His response Your 2010. And Honor.

is attached

as Exhibit was

The affidavit

(\
14 15 16 17 18 provide Go ahedd.

THE COURT:

I have

that

in front

of me.

MS. VF.ITH: any answers

Mr. Erbs

completely

failed as I

to

to the interrogatories, and refused, those

indicated.

He failed

apparently,

to slgn that are

19
20
71

any authorizations, clearly relevant

even

authorizations including of his records authorizations account

in this case, for the release Administration, or retirement

authorizations Social release Security

from for the

22;,

of penslon Pursuant

information.

24

to his financial has two retirement

disclosure accounts, one

statement,

Mr. Erbs

11

1 2

of which

is a defi~ed He did

be~efiL

pla~.

provide

a copy his

0:

a letter

from

the

plan 4 5

administrator

indicat'ng

years

of service, poLer.~ ia1

bu:: we have benef'ts

no inforp.",ationas ~,o what that p~an may be.

Lis

under

6
'I

lie also disclosure one life sLatement ins~rance the

indica~ed that policy.

on r.is fin<1~cial owner of' aL leasL

r.e's the

Despi::e that, to allow

he refused

Lo sig~

autr.orization on tr.e li:e He provided

us Lo geL policy. no crediL

1C
11 12

infor~a::icn

i~surance no ba~k

state~e~Ls,

card

statemenLs,

no checking of a~y

account

reqisters,

13
I~

vi~tually

no docu~ents The docu~ents of the

substa~ce. provide he blacked As ~,he Soc'a1 be~efiLs We asked of those we~e out,

14' 15 c6 some court

he did

porLio~s ~ay

j~for~a=io~

provided. granted

he aware, benefits,

Mr.

Erbs

was

Security 18 through him

apP<1rent~y Security

disability

tre

SOCial

Administration. for the release

to sig~

a~ authoriz<1tio~ of those

records. 71 provided.

None

211thorizations

or records

22
discovery. the 25 original

IL's The due ~~dge

now

been

117 days are June

sinoe

we served due

the

discovery date of

80 days 21st,

past

si~cc

2010.

As ~

indicated,

Cameron

ordered

::r.emto be provided

--_.,-,,---,--

-----------

1 2

with'n July past

ten days 18th.

o~ ~uly now

8th,

so that

would

have

beer: ;'0 duys

So we're 18th

anothor

app,oximately

3
4

the

Ju~y

date. asking the cou:t to requ~re ~r.

So we're ~rhs to provide

comple~e
I do

answers have

to the of the I'm ask

I

6 7 8
')

~nterrogatories. authcrizat'ons the cour~

copies ~~~

that

I need him

to execl:te. those

ng

to oreer what

~o execute a:ld the re'evant

so ~hat

we can in

determine this case.

the assets clearly

liabilities

are

10 11 12

That's

for property

division

purposes. And we're bank also asking and that his ~r. Erbs provide uccount I:e's

13
./
\

copies

of hIS

stu~eme:lts

checking

1 ,;

registers had was while filed.

S0 t.haL we can this action was

determine pending

what and

reSOllrces

15
16 17

even

bef'lre it

All also requested pretty that

of this by Mr. ~uch

infor~ation, Erhs. same

i:onically,

was to

18
19

He requested ~nformation, Cameron. !or

my c]ie~t and So fai!ing we d~d

orovide provide know

the

?C
71: 22

as ordered Mr. ~:bs

by ~udge would

T don't
to

what

bases

have

provide

the

discovery

of what

is obviOUSly

relevunt

23

i:lf'lrmaticn in this THE authorizat~0ns

div()rce case.

24
25

COCRT: that you

V-r. Erbs,
were

as to the to sign, wha~

requested

...

_--_

... _---_

.. --------

-_

..

_- -------

1 2

is your response as to why you did not sign them? MR. ERBS: divorce I sent -- I've been thro~g~ a

3
4

before, and I see t~e Ann Johnson It clear~y

comi~g out I p~t

here, and this is my NB~F. the rate as $32.

states, --

:
7' 8,
9
i
I

I have 25 years of service Wait a minute.

TilE COURT:

I'm asking you

about the authorizations ~R. ERGS: from t~e opposing

you didn't sign. no aut~orizatior.s

And I receivec

par~y ~ere.

I don't have any personal assets as far like thdi.

10
11

records of any of respondent's as her cars, her personal TH~ COURT:

effecls,

anything

12 13 14
15 1 17

Wait, wait, wait.

So you're

saying that Ex~ibit C on t~e affidavlt i~accurate, that marking

of Ms. Veith IS

~/A, a~d you're saying you

didn't SIgn tllose, that that lS not your notation? MR. ERRS: told -THF. COURT: Wait, wait. Counsel, We are going to do you have a Where's Exhibit C? And I was

18 19, 20 21
22

deal w~th exhibit C first.

spare copy of that, by any chance? MR. ERBS: MS. VEITH: to my affidavit. MR. ERBS: okay. I see here it says Exhibit C, Here's F.xhibit C. It's the last exhibit attach~d

23 24
25.

14

'I'H~: COUK'I': A~d 2 3 4 5 6 7 bel~eve You're correct? MR. ~HE that ERBS: COU~T: should
NCl,

there's something

a no~alion you did.

N/A. IS that

saYlnq

that

was

not

I did

that. why lhese is it that you

Okay. not I go~

And sign

you

a~~horizations? thing ~ha~ it and f~rs~.

MR. I was with told blank

ERBS:

to fInd

that

8 9
10 1, 12 , 13 14 15 16 17 18 19 20 21 22' , 23 24 2~

on July spaces ~ was

8th by J~dqe I was to put was

Came~on N/A on

anything the o~ly and ~ Iionor.

informat~on if I had would the

to send

abo~t thun you

my pensions, five that, going weeks, Your to

Lr~nscript and COURT:

q~icker

have

lha~ THE

I c:ould show WeI], the~

I'm

instcuct you are

you

thut

ut the

conc~usion

of this that wece

hearing, submi~ted

to sign They

the

a~~hoIizatio~s

to you. addressed. re;ease to sign

may

be in blank of that

as to whom is the may

t!ley are to are

An example

aulhorizatio[l vou

employment Lhe

information,

be blank.

signature. As [a~ as the a~lllor~zation th~t may not be to release in 'cause

credit ~hat you arc

infocmation, be fi:led

filled

can

in laler, has date

depending

on in~ormat~on but your Sec~rity you

s~pply to sig~

as to who ~hat and

credit that

informatlon, and your provide Social

relevant

information

inc:ludi~g

(\
15

:luIi'.be!:' .

7 3
4

M?. ER3S: THE COURT:

are auLhoriza~ions. These are not contcacts. These

5
6

MR. ERGS: TfiE COURT:

Same di::erencc. Ko, i::'s :1ot.

7
8

i~sLrucci:l~ yo~, a:1d if you :ail to do so, then I'~ goi:1g ::0 find you in conte~pt. You are to secvc 30

91 10 1:
:2

days or uncil yo~ purge YO~c ccntempt.

r-':R. ERBS:
cr~mi:1a: contempt?

:.s ~tat c~vil con~ompl or

THE COURT:

'I'hat is civ~: cO:1tcmpL ~~d is

"-

: Ji
11
l~

remedial con::empL, to fUcthcr n~rrcw i~ dcwn. indicated, you may purge yo~rsel[ by sign~ng

As I
those

dOC~ller.Ls,~nd if you :-e[use Lo do so, yeu will se,ve either

I 161 17' 18 19 20: 71 77 23: 2,

25'

JC days or until you sign ::hose docume:1ts.

Now, thaL's as to the aULhociza::ions. Then

we have --

V.R. ERBS:

Ana which authoriza::ions are

~hose that I have Lo sign blank contrac~s?

-:-'JF

(OU"'!':

1\gain, s~r, T'm correcting

you.

Yo~ are misspeakirlg. are ~ot contcacts, ::hat ace conta;ned

These are aut.hociza::ions, they

a~d Lhose are the a~thorizaLions i~ Exhibit C. Ai':. going ::0 geL Lhe same =

V.R. ERBS:

n,
16

privilege,

Your Honor? THE COURT: You will get the same

privilege.
4

As a matter of [acl, my review of the file that Judge Cameron tasked the pelilioner earlier in this you and such cor

indicates

5 6
7

failure to provide

timely discovery

case and that if you do not receive feel is appropriate,

the discovery

then you may bring a motion, that are legitimate,

8
9

if there are authorizations

as these are, and the respondent

I

does nol sign them, as well.

10
11'
I

then she will be subject to contempt This is not a situation assets from each other.

where you may hide where

12 13 14 15

This is a situation disclosure

there will be full and complete financial situation. MR. ERBS: th:s. THE CO~RT:

o~ your

Your Honor, SSDI is exempt

fro~

No, it :s not. 3y federa: law.

18 19 20 law.

M~. E~3S: TH2 CO~RT:

It is not exempt by federal

~R. ERBS: 22 THE COU~T:

And what are ~he exceptions? There are no exceptions. disclosure You

are to give a full and complete

of your

income and your assets and your debts. 25 MR. ERBS: I ask judicial notice [or you to

17

---------------------------_.

_.

l' 2

show me that

law, please. I do not have you will to.

It

THE COURT: you read allowed determine informatio~ therefore, the statutes, in divorce what

is -- if is to the

3
4

find that discovery

actions.

It is up to the court and I have found that and,

S
6 7 8 9

is relevant,

that

is in Exhibit

C is relevant; it. federal be

you are required MR. ERBS:

to disclose to the SSDI

According

statutes, garnished, any court

the laws levied of law.

that govern or attached

cannot

10
11

and cannot

be used

in

12 13
14 15

THE COURT: garnished,

They

ca~not

be levied abo~t

or

but we are not talki~g about levies. action. So it will

garnisllment. aboJt

We are not talking disclosure

We are ta~king

in a divorce MR. ERBS:

16

be used

in a court

of

17

law.
TEE COURT: you, sir. M~. ERBS: TH2 COURT: We r.eed -As a matter We need Excuse of fact -And tha~ part" disagree with

20 21
1

221 23

MR. ERBS: THE COURT: speak notice now. that And

to find out -me, sir, it's my turn to

24
2S

if you read the law further, also an exception

you will

there's

for court

18

"

orders,

and this co~rt is ordering MR. F.~BS: T~cre's

it. for

only an excep~ion

3~
4

existing
ali:no:1Y

court orders,
--

judgments.

That would be for

5
6'I 7

THE COCRT: order, ~r. Erbs. ~ave your options.

This is now an existing t~is.

eOllrt You

We arc done discussing

You may ei

~her

sigr~ the

Gccu::.er::.s

8
9

or you wil: have to eUectuate hil ve four.d you.

the cOO1temp~_:.hat. I

:.0:
1:
12
statements,

Next we are going on to copies of of bank statements and bank registers.

Why have you not provided

copies of ~~()se, sir?

n:
15 ~6
I

MR. J::kBS:l dicir.'t nilve Lime. TliE COUR':': Between the requested t.ime,

which was some 170 days ago and this time, you have not been ab:e ~o gather t~ose docume01ts together inspection. :s that what yo~'re telling me? V,R. t:RBS: Yes. THE COUR~: Well, I'm going to a1:ow you a01d to eit~er deliver to Attorney or copied. :':1 tor

:7
18
19,

20
21'

Len days to gather them :ogeLher accurate Veith's pnotocopies

or the originals

22

office so they can be lns?ected

If you do noL do so by -- actually, give you II00til Se?tember 25

(
-~

70th at noon, you will be :n which

contempt,

and yo~ ~ay re~eciiate that conte~pt,

._-

,--,

..._--------------

.'

1
I

will be ~or a period o~ 30 days sepa~ate authorization Atto~ney contempt. by prov~ding

fro~ the to

7!

the docume~ts

:>
4 5
6

Veith for he~ inspection Next is t~e answe~s

and copying.

to ir.terrogato~ies. to me

a~d. Ms. Veith. perhaps the questions

~f yo~ could inQ~cate

that you request a~swers

to tha~ would

l 8
9

~ot be c:c)vered by the alltllclrizatic)n a~d the oal:k s::atements. MS. VEEH: ir.terrogatories. of them. Well. Your HOller. tllere are 51 received an 2~swer to ar.y

10 11 12
13

We have~'t

He hasr.'t ar.swe~eQ a single inte~~ogatory. The bar.k statements were requested of doc~men~s. as par~

of :ho roquos~

for prod~c:icn

14
15 ',6'

THE COuRT:

Mr. Eros. when car. you have

allswers tCl thc)se ~n~e~rc)ga~()ries prepa~ed? MR. ERRS: i:lter~ogato~ies? ~s the~e any standing :o~ those

n
18 19 20 21
22

The law req'.li~es~s ~o go back one

year :rom :he date of filin;.

THE COljR':':Ka, discovery
it dacsn'l.

~~i5

1.5

p~rsJar.: to Chapter

804 of the Wiscons:n inform2t~or.. It doos

sta:utes wh:ch is ar.y relov2nt not have a t~~e l~xi:. on i~. If you believe
:00

23 24 2~

that infor~ation

goes back

far. I will tell you that a: least :.on yoars ~s

going to be relevant a~d so that within :ha: time

(\
20

1 2

frame,

I will

expect

that

you

answer how

these. long do YOL ~r.i,,<

Now, it is that these wo~ld

my question be fair for

is, yo~

to r.ave to answet

i:lterrogator~es?

MR. ERRS:
would be the -end

- would t~e month, I will

g"ess YOJ~ grant

tOt all nonor. you

of this

6
7 8 9 10

0:

TEE COUR':':
Of

J"til 30th.

the

e"d

the mo"tr., which on YOUt

would

be Septe~er

Anythi"g

else

discovery V~:TH:

requests? No, Your Honot. Well, request As the only

MS. othet have thing

related

to the

eiscovery fees. Mr.

is I do

an affidavit Judge

of atLorney's Camero" ordered

~ 'ndicated, to provide the 8Lh,

init'ally all 15 16

Erbs the

of t[l~S infotmation, aut~orizat;ons

incl"d;ng ten

answers,

signed 2010.

within

days

0:

July

Tr.ere is no dispJte, 18 19 20 21 221

i
I

even

based

upon

the

infot~ation to co~ply discovery

IJOW.

and with

state~ents that order. have

by Mr. As

Erbs,

that

he failed Lhese days

I also

l"dicated, for 112

reqJests

beel: outstanding

I dar.lt

lhi~k t~er0.'sa~y j~s~i:inhlereaso~

siLuat~cn daiiy and -Objection. basis. in thaL he is not has employee time to

given

Mt.

Erbs'

2.,1 ~I 74' 25

on a :ull-time :ile motions

He clearly

MR.

ERBS:

1 2

THE MR. THE conjecturing. MS. motions wouldn't

COURT: ERBS: COURT: You may VEITH:

No. Conjecture. I will continue Thank take that she 1S

3
4 5

with

your

argumellc. rile he

you,

Your

Honor. know why

6
7 8 9 10 11 12

in other have

lawsuits,

so I don't time

sufficient is,

to provide relevant the re~ord, attorney's been

the to this he divorce

information case which,

that

in fact, nole for

I would So we are

filed. fees. This of

requesting has

is the the

second

time

my client court

back Mr.

in tront Forbs to

court

asking

the

to require of which to provide

13' 14
15 16 17

provide all

the

information,

all

is relevant pursuant to

and

of which

he is required

statute. So we're of the $320 at:orney's within TEE I indica:ed, from both COURT: asking for sanctiors in the amounc ~ees of

fees,

for a :ota:

aLLorney's

J8 19. 20: 21
22 23 24 25
I

payable

30 days. I'm reserving mO:1ons the lr.aL motior. on aLLorlley's unLil you As ~ees

I'm

reserving and

petitioner

respondenl so that Counsel. you.

we have

a fina: may

hearing that MS. MR.

on this at that VEITH: ERBS:

matter, time, Thank

certainly

revive

Your

Honor?

22

':':.U:

COUET:

Yes. I'm s~ill wa~t~ng ~hat count?

COI~r.~.S.

MR. ERGS: ot my discovery

for the rest

or doesn't
It

THE COURT:

:f there are --

what T need from you is w~al T gOl fre~ Attorney Veit~, whic~ is a slalement believe as ~o what discovery with and provide an yo~

~as not been complied

a~fidavit ~earir.g.

ir.tha~ tor~ and I will schedule

it up for a

MR. ERGS: :he form c~ a motion, 1'HE COURT: MR. ~RRS: beca~se I am missing

O~ay. lhen? Yes. Okay.

You want me to do ~~at in

l'11 do that, ther., effec:.s,

all of :he personal

possessions

of the responder.: also lha: was req~ested,

and I put it dewn as a lisl:ing as to what would be required under 767.61, and :hal would pretty m~ch cover everything. discovery, That was ir.my original nothing. motlOr. 'or

and of that I received Pelrole~m. Okay.

received

noth~r.g abo~: Williams TEF. COURT: Erbs,

As 1 ind~cated,

~r.

am going Lo req~ire tllat both parties ao a and so lhal please bring I will

fu~l and co~pleLe disc!os~re

that mot~on up, and the sooner the better, pro~pLly schedule tha: for a ~earir.g.

23

I
(
... '

1 2 concerning this. deemed proof Does

~R.

~RBS: Miss have

And

I also

have

ancther that It's not

question she served

t~is. she

Veith

is saying

proof

of mailing? 1 have

only seen a

served

when

it's

~ailed.

of rrailing here.
':'ilE

6
7

COU"T:

Let's

just

cake

a look that the

at her on May se~

aLii-davit. 19th, there

In the was

affidavit, served

it states you with 2010,

8 9 10,

-- she

first the

of interrogatories; second request. MR. Your 1I0nor. THE officer served of the by mail? MS. copy V~TTH: COURT: ERBS:

on May

2'th,

served

: I'

It's only

dee~ed

served

by mail,

12
13
14

And

so that,

Ms.

Veith, that

as an you

court,

is it YOl1r statement

15
16
17

Yes,

YO:lr Ilonor.
Erbs

There's as

of my cover A dated received

i

letter May

to ~r.

attached

18
19
20

Exhibit Mr. Erbs

19, 2010. because marked have

Additiona~ly, he returned ~p N/A, -two mai:~nqs. what

clearly to me the ~now

them sent

authorizations what more proof MR. THE rule brief on that.

so i don't

21
22
23

we coula ERBS: COeRT: Ms.

7here Well,

were

here's

I'm going

to

24
25

Ve~th.

T'm going

to ask. yo~

to do a

supp:emental

affidavit

indicatinq

tllat you

24

served them by mail and LJdica::ing the date that tLey were served by mail. As it's obvio~s that at leust some of those

were received by you, I am going Lo allow he: Lo supplement by spel:i~g

2.

the concl~sionary

~emarks

in her attidavit

thut out, but on t~e o:Ler hand, the~e is wi~r. ~Le

c()ve~ ~etter f~or.. her LhuL is consis~enL

date in her affidavit

so that I am nOL going :0 c~ange on it, b~:: I

my opinio~ on finding you i~ conte~pt will req~ire ~er to ill~mina:e

that tor the p~rposes

0:

the record.
MR. ERBS:

So we're going to ma~e the VRcLh suys, Your Honer? is

record fit wLat A~tor~ey TEE COURT:

Well, wha:: I'm requiring

Lhile she provide addiLioLill (iOCumR:lt.atioL ve~ify ::0 the concl\ls:or.aryS7"at.RmR~:".hilt t snR sRrved YOll. A~ ~ she ~as La do is have an a:fidavi: by 7ailing that says I secved

these docl:ments on such a~d such a date.

MR. ~RBS:
THe: COUR':":

W~ere is her proof of mailir.g? ':'~e affidavit ~s s~fficient

proof

for this cocrt MS. VE:TE:

0:

mailing.

Your Honer, wou_d olso note, I wiil ce:tili~ly fIle Lhe request, the second

"~st for the record, affidavit, req~est

but thR othe: discovery of documents

fcr prod~cLio~

was served via

)5

--- ,
1

ma~l o~ ~ay 2~Lh, 20:0. My cover letter is attached The on~y docume~L s~pp:eme~Lal production that was addressed as Exhibit 3.

2-

3 4
~
i

i~ the for for the

request or the second ~eq~est documen~s was an authcr:zation information.

0:

6: 7 8
9

release of co~fide~t~al

It ~s also atLdched

to my affidavit

already in

on file, a~d Lhe authcrizaLiol' thac was incl~ded the seco~d request f:rbs returned of N/A al: for product~on o[ doc~me~ts

Mr.

10

La me with his respo~se with nctat~o~s

n
12

over the release. I w~ll certain:y file the second affidavit,

.
I

,3 14' l:J 16 17 18 19 20 2: 22 23 24 25

but I just wanted to note t~at for the record . ~HE COJRT: :t certainly indicates A~d I appreciaLe tha= notaLion. but

:hat they we~e received,

for the purposes

of the record,

I wi:! wisn yo~ ~o

~ail dow~ that one s:ig~tly MS. VEI~H: "::IE COGRT: S~re.

loose end.

Then the next thing, I believe, mo:ion in relation to

t~at we have ~s the responde~t's t~e retirement

f~nd through ~ide::or:,

and I requested

my j~dic~al assista~t

Lo notify bo:h s~des that I whether there had

wanted to k~ow if, a~ this heari~g, bee~ a request

for an exter-sion and, if so, w~at were I':; start with you.

the results; ar-d, Ms. Veith,

,/

26
L _

--'

V.S. VEITH:

Sure, Your Eo~or.

Just List

wp.p.k after I rece:..ved your letter, They wouldn't

1 did con~act O1ayo. to me because thp.n. the~ when she the

relp.ase any i~formation

it's confidential

so ~y clier:~ contacted

When she :nitia~ly co~tacted

~eceivp.d the packet of informat:..oni~cluding e:ection ex~ension extended. Mayo has now essp.ntlally reversed Dosit:..onand indicated extended. that. the deadli~e form, they told her tha: the 90 days or the 9C-day deadline could not be

their

can be

do llave a copy of the le~ter from v.aye con!ir~'ng that the dead~~ne

Clinic dated yesterday can be extended.

'[hey indicate

that they w()uld prefer before the end

to

have the electio~ paperwork

0:

2010.

..

don't know if that means that they won't co~tinlle the e~ecticn out past the end of ~he year or what exactly is, but give~ Mayo's essent:..a~ly this deadline
IS --

their position reversal exte~ded

i~ whether

can be

or ~ot, what ~ would

request that :he court

do ~s just

~eserve this mo~icn at t~is ~ime pcnd~ng

when we know what the fir:al heari~g date is and whether my clie~t ca~ conti~ue ~o extend this deadline

out past the final heari~g da~e.

27

,~._-.

1
I

THE COCRT: now,

Mr. ~rbs,

I'll tear you on :~is of it.

as far as the election MR. ERBS: THE COURT: MR. ERBS:

and ex:e~sions

3 4 5

You mea~ Yes.

for her notion?

I: is l:",y belief because

that's

the way like

61
7 8
9'

it should for orders have okay,

be done during

anyway

anything

do~e

the pendency anyway, only

of the action according

would

to be temporary so the property

to statute, up and assets this would would be on be

gets

split because

10' 11 12 13
/ ,

the dissolution a permanent what this,

of the marriage and my biggest

thing,

question

do I get, and
l~

if I was going -- it's just

to be forced -- it seems up because

to sign frivolous when you

just

'.

-..-/

Hi
15
16

to me that this was even do a QDRO, are. The pensions, split have order up by court to operate judgment. So I would Veith probably made order. it doesn't

brought what

matter

the company

policies

17 18
19

bank Even

accounts, insurance

whatever, companies

gets

at the whim

and beck

of the court

20
I

21 22 23 24 25
/"',

guess,

in my belief, hundred dollars

that Miss on this, here. that

several

and it's quite

frivolous

in my part Well, here's

of the world my thought, do agree

THE COURT: there's one thing that

the parties

on and

~ ./ .

_28

__

1
'-

that is that the marriage The petiLioner respondent

is irretrievably

broken. ~nd the

--2 3
4

stated that in his petition, alleged

in the counterclaim

that as weI].

I feel it would be only fair to both parties that we schedule up and bifurcate this matter

5 6
7

so that basically be comp:eted, future.

the status portior. of this divorce

and l'd ~ike to do that in ehe near with

Because of the mutual proble~s I think that the property and so.that

discovery,

divlsic)n may be

more protracted
11'

I think that in order to I'm going to want to

h~ve this c~se move forward,

12 13

schedule a hearing where we will deal with the status of marriage, of property and then we will deal with the division once the discovery has been completed. that
YOII

(~

14

Mr. Erbs, you've i~dicaced infor~ation. 17 Ms. Veith has indicated

need

she needs

ir.formacion so that I thi~~ that -- and I have seated chat

I

wa~c f~]l discovery,

so we will break it up

19
20
;

into two pieces. I think that that will address of Mayo because be interested the concerns

21
22 23
24

then the status is what they appe~r to is

in, and so that what I would suggest

that we go off the record briefly,

get ahold of my JA as

and find a date and time that works for everybody far as -- as far as a final hearing on ~he status.

25

n
----------

29

._-

! wa~~ to set tha~ also far enougll ahead 2

so

that : can get some feedback how dlscovery Lh:s ti:ce. (A discuss:on is goi~g.

=roffi the parties

as ~o

31

We will go off t~e record at

41
51
6j

was held off the record.) On

THS COU?'!': Goi~g bilck on L'le record. October

7
1

18~~, 2010, a~ 9 o'clocK a.m., wiil :JoJd a

8
1

=inill hearing on the milr:tal stat~s At the conclusion

1

0=

the partIes.

9 10 11

of that, we will do a status up a date alld Lime for

conference
1

as far as setting division

t~e property

portlon. I've gone through ~y list of in front o~ ~~IS

d d
141

~ow, I bel~eve

things that I believe were pe~ding

cour~.

Mr.

Erbs, M?

tlave

I missed

a~yth~ng?

ER~S:

Not to my recollection. Ms. Veit~? No, Your Ho~or. Okay. Please SIgn those he fil:.l :0 do s
S0,

~6
1

TH~ COURT: MS. V~:TH:

17
1

18 19 20
1

I
ins~ruct ja:i.

T:JE COURT: a~~hori zations.

DepuLY,:f

I will Co~n~y

you to tra~sport

him to the Chippewa

711 221 23

We stand adjourned. (The proceedings were conc1~ded.)

24
251

30

------.:....o....a_~

~---------

..

-.-

_.

-----------._-

STATE COUNTY

OF WISCONSIN OF EAU CLAIRE)

) ) ss.

I, Connie

G. Dillon,

Official

Court do hereby

:1
71
81
91 10
1

Reporter certify correct

in and for t~e State tr.at the foregoing and complete matter

of Wisconsin,

transcript

is a tcue, in

tra~script to the best

of the proceedings of my knowledge. of

~< '

the foregoing

11

Dated

this J~ay

2010.

12
1

13
1

14
1

15
1 17

CONNIE G. oiiN;RMR;CRR Offic:lal Court Reporter

~~~

18
19.

201 21 22
23
1 1

24 251

3]

_
_.
------

---------

J
-

-_.

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