Free Motion to Compel - District Court of Federal Claims - federal

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 1 of 8

EXHIBIT B

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 2 of 8
Page 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
ALFRED ALOISI

et al.,

Plaintiffs,
NO:

vsUNITED STATES OF AMERICA,

95- 650L

Hon. Lawrence S. Margolis

Defendant.

DEPOSITION OF CANDIS C. POTTER November 16, 2007 2:06 p. m. to 3:54 p. Suite 630, 500 S. Main Las Cruces, New Mexico

PURSUANT TO THE FEDERAL RULES OF CIVIL
PROCEDURE , this deposi tion was:

TAKEN BY:

BRUCE K. TRAUBEN, ESQ. ATTORNEY FOR DEFENDANT

REPORTED BY:

ANNE C. HALLETT, RPR

CCR #16
Jones Reporting Services, LLC 500 South Main Street, Suite 630 Las Cruces, New Mexico 88001- 1237

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 3 of 8
Page 2

APPEARANCES

For the Plaintiff: FOLEY & LARDNER , LLP ashington Harbour 3 0 0 0 K. S t r e e t, NW , Sui

t e 5 00

Washington, DC 20007

BY: LAWRENCE
For the Defendant:

202- 295- 4017

G. McBRIDE , ESQ.

U. S. DEPARTMENT OF JUSTICE

Natural Resources Section Environment and Natural Resources Division P . O. Box 663 Washington , DC 20044- 0663

BY: BRUCE

202- 305- 0238
K. TRAUBEN, ESQ.

at the end of a sentence denote an incomplete thought or sentence.

Ellipses points (... )

TRANSCRIPTION NOTE:

A dash (- -)

indicates an interruption of speaker or

a change of thought. (sic)" means "thus" or " so. If the attorney or deponent misuses or mispronounces a word, " used to show it is not the reporter I s error.

(sic)" is

22

New Mexico driver' Mr. Trauben.

The deponent I s identification

REPORTER'S NOTE:

s

was verified from a license per request of

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 4 of 8
Page 3

INDEX
PAGE

CANDIS C. POTTER

Examination by Mr. Trauben Examination by Mr. McBride

Reporter I S Certificate
EXHIBITS

EXHIBIT

DESCRIPTION
98 Marital Settlement Agreement

PAGE

14- 93 Quitclaim Deed
(Exhibits Attached to Original & Copy Depositions.

REQUESTED/OFFERED ON THE RECORD
REQUEST NO.
PAGE

LINE

No. No.

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 5 of 8

CANDIS C. POTTER - November 16 2007 Examination by Mr. Trauben

Page 4

CAND IS C. POTTER,

having been first

duly sworn, testified as
EXAMINATION

follows:

(By Mr. Trauben)

Can you please state your

full name for the

record.

Candis Carolyn Potter.
And are there other names by which you
have gone by?

Aloisi.

Candis Aloisi , or Candis

Any others? Candis Blanchard. And is Pot ter" your maiden name? Yes, is.

it

Just for the record, my name is Bruce

Trauben.

I represent the United States in the

matter of Aloisi, et

al., versus

the Uni ted States.

Also on the telephone is counsel for Plaintiff

Lawrence McBride.
room wi th

And there'

s nobody else in the

me, and I understand there I s nobody else
MR. McBRIDE:

in the room wi th Mr. McBride.

That I S correct.

And there' s nobody else on the telephone except the wi tness and counsel. So I don' t know if
you' ve been deposed

before, but I'll
tion.

just briefly go

over the rules for a deposi

I '11 ask the

,". ,

- -

- , ,,- . '
Document 107-3 Filed 12/12/2007
CANDIS C. POTTER - November 16 2007 Examination by Mr. Trauben

..

:::.

Case 1:95-cv-00650-LSM

Page 6 of 8

Page 55

Okay.
the upper right

Can you go to the document that in

- - it' s kind of faint, but it'
It'

written in as A181, and it has -- in the lower
right, it has numbers CLEF002522 , or 2525.

dated March 11, 1994.
THE COURT REPORTER:

She has

it.

Okay.
Would you like to take a moment to look
this over?

All right, I know this
Wha t

document.

is it?

It I S advertising
was required each year.
pay for anything.

Kendel out, because he

didn't contribute to any of the assessment work

that

You know , he didn't help

And on the second page on the lower
is that your signature?

right,

Yes, sir.
Do you recognize Fred'
s signature on the

left?
Yes,

sir.

And then on the next page, is that your
signature, also?

Yes, sir.
Did you have any conversations wi
-- C,
-c .

-Case 1:95-cv-00650-LSM Document 107-3 Filed 12/12/2007 Page 7 of 8
CANDIS C. POTTER - November 16 , 2007 Examination by Mr. Trauben

Page 56

Mr. Kendel about this debt that you and Fred claimed
he owed?

Not me personally,

no,

sir.

And do you know whether Mr. Kendel
responded to this notice?
Not to my knowledge.

Do you know where Mr. Kendel is

today?

No, sir.
When was the last time you had contact
wi th

him?
I don' t know that

I have had contact wi

him other than mailing him this
You never met him in
Not to my knowledge.

letter.

person?

Then on the second page, where
identifies the value of work done in

various years,

1991 through

1993 -were you on the

Uh- huh.

si te when

the work was

done?
'92 and '93, I was.

Most assessment works

are due in August of the year , and I was not there

in August of '91.
But you were there sometime
right, you didn't

- - oh ,

that'

corne on until

December.

So the

,- . .:-

-

Case 1:95-cv-00650-LSM

Document 107-3

Filed 12/12/2007

Page 8 of 8

CANDIS C. POTTER - November 16 2007' Examination by Mr. Trauben

Page 61

And my final question ,

Ms.

When -but real

Or, actually, it'
quick.

s a couple

Potter , is: of questions,
complaint

Did you help prepare the

in this action?

Are we talking about this document that'
in front of me, or are you talking about something

else?
If you have a document enti

tIed

Complaint" in front of you.

No.

The one I have in front of me is the

Intent to Seek Release of a Performance Bond.

Okay.

We' re on to a different

document.
t,

m on to the complaint that

ini tiated this lawsui

the formal document that was filed in the Court of

Federal Claims.
No,

sir, that
okay.

was done

Mr. McBride.

Did you

any chance send

copy

this

Mr. Kende 1

I don't

recall.

Larry might.

MR. TRAUBEN:
this time.

No further questions at

If Mr. McBride opens up some topic I may

need to follow up on , then I'll jump in and ask more

questions.

But right

now, I don't have any
Thank you, Candi s .

MR. McBRIDE:

have just one topic

here.

I need to find the