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10 a. 12 13 14 15 16 17) 18 19 20 21 22 23 24 25 CASE NO. IN THE JUSTICE COURT OF LAS VEGAS TOWNSHIP COUNTY OF CLARK, STATE OF NEVADA -000- THE NEVADA STATE BOARD OF DENTAL SXAMINERS, Applicant, vs. CASE NO. 18P00592 DAVID MOORE, Adverse Party. } REPORTER'S TRANSCRIPT OF PROCEEDINGS BEFORE THE HON, KAREN BENNETT-HARON JUSTICE OF THE PEACE Thursday, April 26, 2018 10:00 A.M APPEARANCES: For the Applicant: MELANIE BERNSTEIN, ESQ For the Defendant In Pro Per Reported by: SHAWN E. OTT, CCR NO. 577 10 1. 12 13 14 15 16 17 18 19 20 2. 22 23 24 25 LAS VEGAS, CLARK COUNTY, NV, THURS., APRIL 26, 2018 10:00 A.M. -000- PROCEEDINGS THE COURT: State Board of Dental Examiners MS. BERNSTEIN: Yes, Your Honor. THE COURT: We've got all parties. Are you counsel for the board? Okay. Mr. David Moore, we will need to swear you in, I believe. Whereupon, DAVID MOORE having been first duly sworn to testify to the truth, the whole truth and nothing but the truth testified as follows: THE CLERK: Please state your name for the record. MR. MOORE: David Moore. THE CLERK: You may be seated. THE COURT: Okay. So the Board of Dental Examiners is asking that I grant a TPO because there has been quite a bit of activity involving Mr. Moore and the dental board, and at this point members of 10 ai 12 13 14 15 16 17 18 19 20 2. 22 23 24 25 the board are -- MS. BERNSTEIN: Nervous, to say the least. THE COURT: Nervous and uncomfortable with what they perceive to be now threats to their safety. MS. BERNSTEIN: Correct | THE COURT: And it sounded to me based upon the application as if this is something that was | kind of outside the scope of normal interaction with people who had filed grievances or complaints with the board MS. BERNSTEIN: That's correct, Your Honor. THE COURT: And so is there anything else you want to add? MS. BERNSTEIN: Just that, you know, Mr. Moore has been welcome for public comment during our meetings. The problem is that these complaints have been ongoing for quite some time He does not like to accept that our investigators have not found any actionable issues, and at our last meeting, he became very intimidating, | very threatening, pointing, leaning over the table, using profanity, and has now posted and circulated videos of this incident and as well as a website which I can only describe it as some sort of 10 at 12 13 14 15 16 17 18 1g 20 2. 23 24 25 manifesto about dentistry in Nevada in general, and it is all very unusual and at the point now that it is frightening. We don't know if Mr. Moore has any weapon permits or anything like that or unpermitted weapons. We don't know. And the meeting last time had to be recessed. We had to call the authorities. He did leave before they got there, but it was -- it is a problem now, and we are now having to employ security for our meetings and we are changing our security issues as a direct result of this, so -- THE COURT: So now just so we are clear, I don't have any jurisdiction over his posting and his | website and all of that. MS. BERNSTEIN: Understood. I mention that, Your Honor, only as evidence of this vendetta that he apparently has against the board. THE COURT: Mr. Moore. MR. MOORE: Yes, Your Honor. First of all, I have a letter from an 80-year-old woman that I'm a caregiver for, a character reference, that explains that I have never expressed any violence whatsoever my entire life. She was my department chair at UNLV while I was a professor I also have a letter from the attorney, 10 at 12 23 14 15 16 17 18 19 20 2a 22 23 24 25 the previous attorney, from the Nevada Dental Board that states the discipline or screening officers are -- their decisions are never reviewed. Okay. So I filed three complaints. Three dentists were remanded which means not guilty which I didn't know THE COURT: They were what? MR. MOORE: Remanded. THE COURT: Not remanded, reprimanded. MR. MOORE: No, remanded. That's their term THE COURT: Remanded meaning that -- MR. MOORE: Not guilty. MS. BERNSTEIN: Basically it is -- we are not, guilty, not guilty. What we tried to explain to Mr. Moore is that when a member of the public filed a complaint against a dentist, while we thank them for that complaint, it is now the dental board's case. It is the dental board versus that dentist. MR. MOORE: But the dental board never reviewed -- THE COURT: Okay. Here's the deal. You don't get to -- here's the deal -- MR. MOORE: Sorry. THE COURT: The reason you're here is 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because you want to tell them how to do their job. The fact that you don't like the way they're administering whatever they do, okay, and - MR. MOORE: The governor even said they need to fix their systems. THE COURT: Okay. But you're not the governor and you are not in a position to fix any systems. So you going there and hollering and screaming about what you like and don't like -- MR, MOORE: I have the video evidence. THE COURT: Okay. MR. MOORE: 1I'11 show it to you. THE COURT: Here's the deal. It's just an administrative board. They're not going to make your world right again, so you need to understand that. MR. MOORE: I do. THE COURT: Okay. Well, then so the fact that you don't agree with what they do doesn't give you the right to continually harass them. MR. MOORE: I went to one public meeting. There has been no continuing harassment whatsoever. THE COURT: Well, according to what T have here, that is not true MR. MOORE: It's absolutely true. Someone is lying to you. 10 a. 12 13 14 15 16 17 18 1g 20 21 22 24 25 MS. BERNSTEIN: Your Honor, there has been one in-person incident that precipitated this. The others have been e-mails, website -- THE COURT: Right, threats MS. BERNSTEIN: manifestos. We received a 184-page complaint and issues and on and on and on -- MR. MOORE: Yeah, which a lawyer reviewed. THE COURT: You know what, you know why I think I should issue this temporary protective order for up to one year, because you don't even know how to just wait your turn. MR. MOORE: I'm sorry. THE COURT: You keep interrupting her, and that is rude, if not disruptive, and it shows an indication -- it's an indication to me that you don't respect the process. MR. MOORE: I'm sorry, Your Honor. I've never been in a courtroom before THE COURT: Well, you've been enough places that you know to wait to speak when you are spoken to. Okay MR. MOOR! Yes, ma'am. THE COUR’ So that's not something that you need to know because you are in a courtroom, 10 a, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's just something you need to know because you're a courteous human being. Now, what were you saying? MS. BERNSTEIN: Mr. Moore has also been removed from dental offices. I don't know if he left before they got there, but I can tell you that law enforcement has been called on at least one occasion that I'm aware of at a dental office, and there may have been another. This has been progressing for a couple of years. You know, I'm sorry he doesn't like what the result of his complaints were, but at this point it is just becoming harassment, and as I stated as of our last meeting, it became physically intimidating. MR. MOORE: Can I speak? THE COURT: Yes MR. MOORE: So again I attended one public meeting. They cut me off. They adjourned the meeting. The person who is complaining, Debra Shaffer-Kugel, the executive director, confronted me outside of the meeting, requested that the cameraman give her a videotape I exchanged cards with the cameraman. Everything was very calm. I was smiling, walking out. Yes, I did some grandstanding. I needed to 12 13 14 15 16 17 18 19 20 21 22 23 24 25 make an impact, but I have a copy of the video right here on my computer queued up. THE COURT: Okay. Let me see. MS. BERNSTEIN: JI would appreciate that if we are going to watch this video -- the video that was originally posted had the -- I'11 call it an altercation at the very beginning. That has now been moved to the end. THE COURT: So do you want to show us what you are talking about? MS. BERNSTEIN: Well, if you go to minute 9:25, I believe - MR. MOORE: No worry, the whole thing is in there. MS. BERNSTEIN: I understand the whole thing is in there. THE COURT: What did I tell you about one at a time? MR. MOORE: I'm sorry. MS. BERNSTEIN: But the part that caused us to become fearful is at the end THE COURT: You all can come and watch it up here, and then whatever input you have you can give it to me. Come on, both of you (Whereupon, the parties approached 10 at 12 13 14 15 16 17 18 19 20 2a 22 24 25 the bench and a discussion and video played out of the hearing of the reporter.) THE COURT: Okay. Do you have any reason to go back over there because they are not going to respond to your complaints in the way that you think they should? MR. MOORE: No. This is my one public comment. It took five years of consideration to make that comment. THE COURT: All right. Again, I am trying to hear why you think your life is in danger because that is a public meeting, and, quite frankly, the way you all handled that does not inspire a whole lot of confidence in what you are held out to do. I am not saying that you have to agree with everybody, but you do have to give people a forum to challenge the status quo of what you, as you say, 30 years been doing and used to doing. The fact that you don't like to hear people talking about doctors is not something that is mandated by statute. You don't hold any responsibility for any defamatory information he may put himself in harm's way about 10 10 1. 12 14 15 16 17 18 13 20 2a 22 23 24 25 If somebody wants to sue him for defamation, they can get a copy of the transcript and proceed to do whatever it is, if, in fact, it has any damages as a result of what he said, but it doesn't sound as though there are any because nothing has been done to any of these people. So tell me how come you think or your board thinks its life is now in danger because he called somebody a bitch and he says that you guys are a fraud and you don't inspire a lot of public confidence because you don't allow public comment to go in the way that it was, quite frankly, intended under the open-meeting law. MS. BERNSTEIN: Your Honor, we do allow public comment. We allow a lot of public comment. We allow public comments THE COURT: I'm talking about for him. MS. BERNSTEIN: And I understand that The problem with this is, his -- as he states, this has been going on for five years and he will not and at this point he was -- he was accept - volatile, he was intimidating, he was leaning over tables -- THE COURT: 1 was general counsel for the housing authority. I had a whole lot more folks ad, 1 | coming up doing a whole lot more than that. That's 2] not very intimidating. Okay. So -- You know, we are a bunch 3 MS. BERNSTEIN 4 | of dentists, not myself. We can't have people 5 | leaning over tables, pointing and -- ‘ THE COURT: Might be a good idea to kind 7 | of get connected with all your other administrative 8 | colleagues to find out what really goes on in some of 9 | these meetings 10 So what else are you talking about? it MS. BERNSTEIN: That is it for now. The 12 | beard is rightly or wrongly -- 13 THE COURT: Has he done anything since 14 | then? 1s MS. BERNSTEIN: No. 16 THE COURT: Has he made any contact? 17 MS. BERNSTEIN: He has -- the only thing 18 | that has been done is he has circulated his 19 | manifesto -- 20 THE COURT: Which he's entitled to do. 2a MS. BERNSTEIN: Which he's entitled to 22 | do. It is just -- it is just seen as harassment at 23 | this point. We are -- 24 THE COURT: I'll be quite honest with 25 | you. I don't really see -- if he hasn't done 12 10 43: 12 13 14 15 16 17 168 19 2a ais 24 25 anything, he hasn't been lurking in the parking lot waiting on anybody -- MS. BERNSTEIN: Not to my knowledge. THE COURT: He hanging out at anybody's office, threatened them, has he tried to somehow ke anybody locked in their office or do anything -- MS. BERNSTEIN: Not to my knowledge. THE COURT: Okay. And anybody on your board have any personal interaction with him since this time? MS. BERNSTEIN: Since then, I don't thin. 50 THE COURT: Okay. So I don't think I am going to -- this is not going to be granted. Okay All right. Thank you. MS. BERNSTEIN: Thank you, Your Honor. THE COURT: Listen, you don't like it, y don't have to like it, but you do have to conduct yourself in a law-abiding manner. Even though I am saying I am not giving them a TPO, you have to operate within the confines of the statute. Okay. This does not give you a license to go around harassing people or making them feel bad about what they do. You don't like it, this is the way it's ep k ‘ou 18 10 at 13 14 15 16 17 18 19 20 ani ial 23 24 25 set up. You don't like this setup, you go to a sta that has got a better setup, you know what I'm saying, but right now this is all we got. all right MR. MOORE: Right. THE COURT: And I understand you are in pain and you are mad, but, ultimately, you don't ge to yell and scream at people about it. Okay MR. MOORE: Yes, ma'am. THE COURT: But they are not going to do anything. Even if you yell and scream, they're not going to do anything about it. Okay MR. MOORE: Correct. THE COURT: Whoever you want -- (Overlapping speakers.) THE COURT: Well, you might have but it didn't resolve in anything. It didn't mean nothing This hollering and screaming doesn't do anything. Tantrums, it's supposed to be confined to little kids. All right. So that is it. This is all you get. You got it? MR. MOORE: Thank you, Your Honor. THE COURT: All right. See you guys later fey te Es t 14 10 12 13 14 15 16 17 18 19 20 2a 22 23 24 25 MS. BERNSTEIN: Thank you, Your Honor. -000- ATTEST FULL, TRUE, ACCURATE AND CERTIFIED TRANSCRIPT OF PROCEEDINGS. Shawn E. Ott, CCR No. 577 15 Dental Board v. Moore Condenselt! een JAPPEARANCES i) chairij29 cathy 818 Jexpressediny 422 = 119 ‘challenge 10:19 | SOomia 2a Applicant) 1:7 changingin) 4:10 -D- Eee ey aa 2 Cae _ |eharacteriy 421 [Day 28 facts 62. 6:17 : application iy 57 circulated a1 323. damages 1141021113 appreciate 94 "Ins danger; 10:12 {fearfuly 921 Meg er approached) 925. CLARK) 13 “tis filedmiss 84 te 142 April) 17 | 2 parece eset [sal \azg_ 428 2 lear 4:12 Pea, 220 insti 213 419 attended) = 8:17 [CLERK i) 2:18 deals) 5:22-5:23 [fiver 109 11:20 Se ATTEST in 15s | 221 613 fixial 6567 a ae attorney ia 4258 feolleaguesi 128 Debra 19 folks tt 19:00 ie | ue comingy) — 12! decisions. 533. follows).— 2:17 2 ag [Authorities #7 — Jeommentys; 3:16 defamation 1:2 lferummn 19 Weepagens 76 authority ti2s [AUS Wty tic dorama toe omamey es Pe rereegect oe (eweregi years lee Defendantin 1:21 |franklyr2) 10:14 comments ny 116 dental to, ar —_ J /eomolasniog BS 3228 fraud so pptRe ye 2 ay 32 ebpsingy 73) 28a ening 3. based sue Ae dentist; 17 FULL) 1s becamerss 321 Jeomplaintsiy 39 "59 eit SIP Ss 812 [gpneigtry becoming) s:13 feomputerny 92 — {dent Jeeta beginning 9:7 — Jeonducty 13:18 |gepartmenti 423. erst 577 128 159 [bench 10 feonfidencew 10:15 [geseriber 3.25 giving) 1320 BENNETT-HARON | U1 ldirectm) 411 [goes 128 Serena lconfinedinn 1418 Varectornn 820 |good m1 126 Soyearoldaan [BERNSTEINen — eonfinesi) 1521 [deer oe oat a Span fast te connected 127 Gisruptiven| 715 grandstanding (1 ea consideration — |giupuivent Tis Eas 19:25 1 9:2 Sas 929 | 109 octorsiny 1022 grant 12:23 dg 123 eomtactmy 126 doesn't G18 BIS 127 leontinually my 619 [eM tht Ista. 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