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