I thought the Concorde was fast. SpaceX rockets were fast. Bullets from ICE agents into citizens are fast.
This bar stuff is more like Han Solo taking the Millennium Falcon into hyperspace…
I have to take a break for lunch, but a few quick things –
1.) Mata’s father was served last night with a subpoena. I tried to avoid this. I previously texted him, and got no response. I mailed him a friendly letter. No response. So now we’re doing this the hard way – I spent the money to have him personally served. He now has a matter of days to hand over documents. If he does not comply, I will ask the PDJ for an OSC re: Contempt under Supreme Court Rule 47(h)(4). A civil contempt order can include holding a witness in jail until they comply. I have literally had that happen in a case. Not kidding.
2.) My process server (Gary) made four attempts to serve Mata. He has given me an affidavit outlining those attempts, which included a flat-out refusal by Mata to appear and be served. According to Gary (who has been doing this a long time): “It is extremely disturbing that a Judge, who admonishes people in their Court for evading service is, herself, evading service. It is not only unethical but raises serious legal questions.”
I agree with Gary. Arizona Supreme Court Rule 54(d)(1) says this:
1. Evading Service or Refusal to Cooperate. Evading service or refusal to cooperate with officials and staff of the state bar, the committee, the presiding disciplinary judge, a hearing panel, or a conservator appointed under these rules acting in the course of that person’s duties constitutes grounds for discipline.
I told Jim Lee about this. He couldn’t care less. Glad to know he’s in charge of protecting the public by ensuring ALL lawyers follow the rules.
Well, the rules are pretty clear — when a witness evades service, I can ask the PDJ for help. This will be done today (I will ask the PDJ for an order allowing service on Mata via alternative means, including email).
I also made a video about the motion Jim filed yesterday. I will post that shortly.
Mata Aff Attempted Service