Free Response in Opposition to Motion - District Court of Arizona - Arizona

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Case 2:02—cv—02252-JAT Document 277-3 Filed 10/26/2005 Page10f4

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UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
RUBECCA MIKKELSEN, surviving )
spouse of Kelly Mikkelsen, ) No. CIV 02—2252—PHX—JAT
deceased, individually and on) `
behalf of MILES MIKKELSEN, ) Z
JERRET MIKKELSEN and ALLISON ) Maricopa County Superior ;
MIKKELSEN, the minor ) Court Case _
children of Kelly Mikkelsen, ) No. CV2002—003411 Z
. deceased, and on behalf of ) .
DENNIS MIKKELSEN, natural ) (Consolidated with
father of Kelly Mikkelsen, ) CV2002—006472) i
deceased, ) I
Plaintiff, ) Q
!."’n.A::r )
I )
i— YUMA COUNTY, a political )
subdivision of the State of )
Arizona; YUMA COUNTY JAIL; ) l
YUMA COUNTY ADULT DETENTION ) -
CENTER, )
Defendants. )
DEPOSITION OF TRACY FOX—TANGA n
Condensed Transcript_and Word Index n
y Phoenix, Arizona ,
August 5, 2004
Prepared for: James W. Barnhouse, Esq. COPY E
Reported by: Stacey Palmer, RPR, CSR l
y Certified Court Reporter, No. 50045 I
PALMER - Y
' ' ' " ' ' ' REPORTING SERVICES, INC. I
2108 E. Evans Drive
__ ; .,,, _ Phoenix, AZ 85022
(602) 867-DEP0
Case 2:02—cv—02252-JAT Document 277-3 Filed 10/26/2005 Page 2 of 4

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1 county court? 1 or what?
2 A. Superior <.‘x:>urt. 2 A. At that time 1 had just asked him. I
3 Q. Let‘s go back one step before the 3 didn't have an order at that titre.
¤ 4 restraining order. 4 Q. So this threat came in early *947
5 How did you end up in El Cajon superior 5 A. Correct.
6 court, and what was the date when you first went there? 6 Q. I assume that you hired an attorney?
7 A. I believe when I first went it was the end 7 A. I did.
8 of January of ’94. B Q. Did you go to superior court to proceed
9 Q. What was the occasion? 9 with the restraining order and with the issue of child
10 A. To obtain a restraining order at that 10 support, or both?
11 time. 11 A. Yes, both.
12 Q. That was to keep Kelly away from you or 12 Q. Was that all in the same case, if you ‘
13 from Taylor, or both? 13 know, or were there two different actions going on? I
14 A. Both- 14 A. I believe there were two different E
15 Q. What was happening that caused you to feel 15 actions. I did the restraining order by myself. and my
16 the need to get a restraining order? 16 attorney filed for child support.
17 A- He had threatened to kill me. 17 Q. And you said you got the restraining order
18 Q. Was that in conj1.u1cticxn with some other 18 yourself, correct?
19 activity that was going on, or was it just out of the 19 A. Correct.
20 blue he called up and threatened to kill you? Can you 20 Q. what was the result in the time frarre on
21 describe it to me, I guess? 21 the child support case?
22 A- Sure. It carte about as a result of asking 22 A. He was ordered to pay -— I believe the sum i
23 for child support for Taylor. 23 was $860 a month, give or take. I don’t remember the
24 Q. Had you sirrply asked him for child 24 exact dollar amount. l
25 support, or had you gone to court to get child support, 25 Q. You say it was about $8609
PAIMER REPORTING SERVICES, INC. PAIMER REPURTIBE SERVICES, INC.
` 32 33 H
1 A. $860, give or take- 1 A. Correct.
2 Q. Was there any kind of support or —— I‘m 2 Q. After you got the order in approximately l
3 not sure what they call it in California -- some form 3 March of '95, did he start paying the $860 per month?
4 of alimony, or whatever, for you in that SBSO? 4 A. No-
5 A. No- 5 Q- Did you talk to him about the status of .E
6 Q. So the $860 was strictly to take care of 6 the rroney at some stage?
7 Taylor? U 7 A. No, because we had a restraining order. l
B A. Correct. B Q. Did you have an attorney who made contact
9 Q. Did you ever yourself sue him for any kind 9 with him or an attorney for him?
10 of support or Honey as a result of the separation, 10 A. He tried, yes.
ll anything of that sort? 11 Q. Your attorney tried to get ahold of Kellw
12 A. N6. 12 A- Yee.
13 Q. Do you know ely when the order I3 Q. I gather your attorney was having no
14 was entered giving you the $860 per month for Taylor —— 14 success in getting payrne.nt from Kelly?
15 giving Taylor the $860 a month? 15 A. Correct.
16 A. I believe it wes March, 16 Q- Did you ever start to get regular payments
17 Q. That would be in ·94? 17 on the $B60?
10 A. Correct -- no, I'm sorry. That would be 1B A. N0.
19 '95. I got the restraining order in '95 because Taylor 19 Q. Did you ever get any partial payments?
20 was almost two. 20 A. Yes.
_ ` 21 Q. Did you also file for the child support in 21 Q. what did those consist of?
_ 22 '95, or did it take a year to get there? 22 A- I believe $300 here, $100 there-
23 A. No, I did it in '95. 23 Q. Did he just sirrply send it like with an
24 Q. So earlier when we talked about this being 24 envelope that would have $100 in the envelope or a
25 in early '94, you were apparently off by a year? H 25 pers c c ;.. .•.-I _• you or { · ; . -1 do that?
" I 'l* . OC ent ' P RTING S V CES, I .

78 79
1 Q. And anything relating to you would have 1 different attorneys.
2 been over the restraining order? 2 A- Correct.
3 A. Cbrrect. 3 Q- Were you ever offered $15,000 to make a
`- . 4 Q. Does the nsne Dr. -~ it looks like in my 4 lump sum settlement on Taylor’s support?
` . 5 notes A—l-I-s·a—n-g, a doctor in San Diego or a doctor 5 A. I don't {mow if that ms the exact figure,
6 in California? 6 but I was offered something like that, yes.
7 A. No. 7 Q. Do you rezrerrber when that was? l
B Q. Are you familiar with any doctors that 8 A. That day that Kelly came to see me in my
9 Kelly ever saw in the San Diego or southern California 9 office. _
10 area? I0 Q. At the canpus? _
11 A. No. 11 A. Correct. _
12 Q. were you ever familiar with an attorney 12 Q. And that's the time that Rubecca was with f
13 narred Ted Bone who represented Kelly at some point? 13 him?
14 A. I know the name. 14 A. Correct.
15 Q. Did you ever make direct contact with Ted 15 Q. was anybody else there besides you and
16 Bone yourself? 16 Rubecca and Kellw
17 A. No. He was at court, I believe, at one 17 A. Their two children and my mother.
1B tine with Kelly, but I never spoke to him. 1B Q. Did your mother just happen to be there
19 Q. You would have bee: represented by Mary 19 that day? i
20 Boyte? 20 A. She works at the sane university. j
21 A. My attorney in California. 21 Q. What:'s your m;>ther's narre?
22 Q. Who was your attorney in San Diego? 22 A. Connie Fox- E
23 A. Gary Klauser was my attorney in 23 Q. Do you recall if your mother has ever l
24 California. 24 indicated that she ever talked to Kelly or Rubecca ‘
25 Q. I think you said Kelly had a lot of 25 independently of any conversation that you had with
PAIMER REPORIILE SERVICES, INC. PALMER REPORTILE SEHVIE, INC. ·
Ar B0 Bl _
1 them? 1 A. I contacted them.
2 A. I think there was once or twice when he 2 Q. When did that occur, and can you tell me
3 tried to get ahold of ve through her. 3 what it involved?
4 Q. Did she tell you what he said when he 4 A. I believe it may have been in either '99
5 called? 5 or 2000. I'm not real sure when I contacted them. -
G A- That he wanted to talk about money. 6 Q. Was that somebody that you contacted in i
7 Q. Would this all have been in that time 7 sl Cajon?
8 frame of about 20007 B A. They are here in Phoenix.
9 A. I believe so. 9 Q. It wasn'1: like it was a branch out there
10 Q. Are you saying that you do not recall ever 10 or something?
11 receiving a formal offer of $15,000 in settlement of 11 A. No.
12 the child support clairrs? 12 Q. How did you get their name from Phoenix?
13 A. I believe it was a verbal offer of either 13 A. My husband, who was my fiance at the tirre,
14 $11,000 or $13,000. 14 was doing business with them, and that's how I —— Z
15 Q. Would it have been only that day at the 15 Q. When you contacted them, what was the crux
16 canpus, or was this something else that came verbally 16 of your conversations with them or your involvement in
17 through your attorney. or just what? 17 with them, or whatever?
18 A. No, just that day. 18 A- They are a business that goes after {
19 Q. Did you ever receive any contact, either 19 parents that do not pay their child support that
20 directly or through your attorney, from an outfit 20 already have an order in place.
- 21 called The Child Support Network, some such narre as 21 Q. what did you ask them to do, or what did
_ 22 that? 22 they offer to do, -or whatever?
23 A. Yes. 23 A- I asked them to get the arrearages that
24 Q. Was that a direct contact or through an 24 were owed to me, however it is that they get it. 5
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