Posted by CotoBlogzz
Following
is a brief description of what John Sellers has been dealing with. This contains excellent best practices to deal
with HOA Industry attorneys:
A petition we brought
before the OAH was recently vacated by the Administrative Law Judge for
”mootness”. We appealed, filed an ethics complaint against the judge, and did a
public records search of DFBLS and the OAH. We received an excellent response
and so have 5 CDs of emails and records containing every electronic move they
made, including the judge’s emails, which I doubt he thought would ever see the
light of day. I’m able to figure out when they took lunch at the OAH, including
food recipes, because of the embedded Metadata. I’m not making that up because
I like to joke that Google knows, not just where you are, but whether you’re
standing up or sitting down in the bathroom…sorry for the French but I’m
fluent, or was in Paris.
Whatever happened, DFBLS
granted our appeal and reverted the case back to the Judge who asked for briefs
from us, with a May 10 deadline, as to why our case was not moot. Our response
brief is included in the 4th attachment – “Fax Package to Bolen
Esq. May 11, 2016”.
I hope it’s clear. An
answering brief from Bolen at Carpenter Hazelwood is due within ten days.
Carpenter Hazelwood
objected to us faxing all 749 pages of the 100 appendices to our brief. We
don’t do – “he said – she said”, And we keep all records electronically The So
the garbage below is them objecting to that.
What I enjoyed was the
flattery where, Mr. Bolen, the litigation partner for CH, accused me below of
being “smart”. I try keep track of all the people I
know who I think are smarter than me. It’s tough for me, because it’s a long
list, but for Mr. Bolen to do that, he would need a high speed abacus and very
fast fingers being blessed, like a lot of so called “CAI HOA attorneys”, with a
room temperature IQ(centigrade).
I hope to post this more
succinctly and coherently on the blog at www.arizonahoa.blogspot.com
But I have to fit my yoga
in as well and there’s only so many hours in the day. Wish us luck with the
judge.
Regards
John Sellers
6231 East Mark Way Unit 12
Cave Creek
Arizona 85331
Tel: 928 310 8220
From: John Sellers [mailto:jasellers123@gmail.com]
Sent: Thursday, May 12, 2016 11:15 AM
To: 'Josh Bolen' <josh.bolen@carpenterhazlewood.com>; berthasmirtha@aim.com
Cc: 'Lydia A. Peirce Linsmeier' <Lydia.Linsmeier@carpenterhazlewood.com>; 'Theresa Laubenthal' <Theresa.Laubenthal@carpenterhazlewood.com>; 'Scott B. Carpenter' <scott@carpenterhazlewood.com>;rthomas@amcorprop.com; 'Dennis May' <d_may@amcorprop.com>; Kris Gines <kris@haolaw.com>
Subject: RE: Package 12 Appendices to Mootness Memorandum May 190, 2016
Sent: Thursday, May 12, 2016 11:15 AM
To: 'Josh Bolen' <josh.bolen@carpenterhazlewood.com>; berthasmirtha@aim.com
Cc: 'Lydia A. Peirce Linsmeier' <Lydia.Linsmeier@carpenterhazlewood.com>; 'Theresa Laubenthal' <Theresa.Laubenthal@carpenterhazlewood.com>; 'Scott B. Carpenter' <scott@carpenterhazlewood.com>;rthomas@amcorprop.com; 'Dennis May' <d_may@amcorprop.com>; Kris Gines <kris@haolaw.com>
Subject: RE: Package 12 Appendices to Mootness Memorandum May 190, 2016
Mr. Bolen
1. Mr. Ekmark advertises you as the “largest HOA firm in the
world”. See attached. I sent the faxes via your branches because, before midnight
on May 10, the Judge's response deadline, I was unable to receive fax
confirmations from the two fax email services that the full 12 package
transmission of Appendices was complete to you. Once the first 10 packages went
through, something seems to have gone wrong with your 7040 number. So I faxed
to Tucson, Santa Fe, Albuquerque and Utah. I've yet to check, but I think you
actually received Package 12 containing 155 pages about 1:00 this morning,
after I offered to send it last night, one more time, from my other fax
service.
2. Please check out Myfax.com and Onlinefaxes.com. These are not
“fly by night” operations.
3. So now, on your terms, you should have received 43+1+4 =48
faxes. I look forward to copies of your fax reports confirming page receipts.
4. If I use faxes, I get definitive confirmation, as you will see,
of receipt. Remember you and Amcor denied receiving my fax of Feb 2, 2016. Yet
I have the fax confirmation. See attached. Please ensure that you respond to
that in your response to Judge Shedden because I was denied access to the
records as a consequence, again. We believe someone lied there, as Metadata
doesn't.
5. Please also somehow respond to my email attached of April 25.
Can I assume you got it? Kindly confirm
6. As to the Association and Amcor, the documented evidence in our
Mootness memorandum shows they lie on a regular basis. They want paper only, as
they insist they do not keep electronic records. How do you communicate with
them? We believe the Metadata we seek will prove that conclusively. Again, we
fax Amcor so we have documented proof of receipt, and we have it. See attached.
We frankly don’t trust you either so – just the documented facts Your Honor -
no “he said – she said”.
7. Again, you were offered Dropbox type access via SharePoint, on
your iPhone, to sort, collate, comment, annotate from memory about 200Mb of PDF
Files. You never accessed it.
8. Thank you for the compliment. Praise gratefully accepted. Do you
have any suggestions for that new “hobby” you suggested. Not being in Prescott
anymore, we’re not affiliated with Big Brothers and Sisters any more, at least
officially.
9. Please express my appreciation for Ms. Gines’ early morning
efforts in your Utah branch. She tried, but seems to have had the same
problem re-transmitting faxes to you as I had.
10. Some of the transmissions were interrupted so may not be
complete. Unless advised by you promptly, I’m going to assume you have exactly
what ALJ Shedden has. Mootness Memorandum plus list of 100 Appendices attached
again, plus 100 Appendices A01 to N-13. I have no confirmation you received
that so here it is again. For your convenience, I Bates numbered all the
Appendices, and you should have 749 pages. Hope that helps.
If not – ADVISE SOONEST – please!
11. If you are so keen on email, why did you not email me the 3-page
response to the DFBLS which only arrived in the post yesterday. How did you
“file” it with DFBLS?
Thank/Regards
John Sellers
Tel: 928 310 8220
John Sellers
Tel: 928 310 8220
****************************************************************************************************************
From: Josh Bolen [mailto:josh.bolen@carpenterhazlewood.com]
Sent: Thursday, May 12, 2016 10:03 AM
To: jasellers123@gmail.com
Cc: Debborah Sellers <twobdebb@hotmail.com>; Lydia A. Peirce Linsmeier <Lydia.Linsmeier@carpenterhazlewood.com>
Subject: RE: Appendices to Mootness Brief Package 5 - CH Utah (186 pages), and Appendices Supply May 11 2016 (30 pages)
From: Josh Bolen [mailto:josh.bolen@carpenterhazlewood.com]
Sent: Thursday, May 12, 2016 10:03 AM
To: jasellers123@gmail.com
Cc: Debborah Sellers <twobdebb@hotmail.com>; Lydia A. Peirce Linsmeier <Lydia.Linsmeier@carpenterhazlewood.com>
Subject: RE: Appendices to Mootness Brief Package 5 - CH Utah (186 pages), and Appendices Supply May 11 2016 (30 pages)
We have now received
package 12 via fax on May 11 at 9:52 p.m.,
10:32 p.m., 11:00 p.m. and 11:34 p.m.
Josh Bolen, Esq.
Direct Line: 480-427-2862
This firm is a debt
collector. Any information obtained will be used for that purpose.
**********************************************************************************************************************
From: Josh Bolen [mailto:josh.bolen@carpenterhazlewood.com]
Sent: Thursday, May 12, 2016 9:40 AM
To: jasellers123@gmail.com
Cc: Debborah Sellers <twobdebb@hotmail.com>; Lydia A. Peirce Linsmeier <Lydia.Linsmeier@carpenterhazlewood.com>
Subject: RE: Appendices to Mootness Brief Package 5 - CH Utah (186 pages), and Appendices Supply May 11 2016 (30 pages)
Sent: Thursday, May 12, 2016 9:40 AM
To: jasellers123@gmail.com
Cc: Debborah Sellers <twobdebb@hotmail.com>; Lydia A. Peirce Linsmeier <Lydia.Linsmeier@carpenterhazlewood.com>
Subject: RE: Appendices to Mootness Brief Package 5 - CH Utah (186 pages), and Appendices Supply May 11 2016 (30 pages)
We have now received
package 12 an additional three times on May 11 at 3:43 p.m., 4:30 p.m., and
5:16 p.m.
Josh Bolen, Esq.
Direct Line: 480-427-2862
This firm is a debt
collector. Any information obtained will be used for that purpose.
**********************************************************************************************************************************
From: Josh Bolen
Sent: Thursday, May 12, 2016 8:55 AM
To: 'jasellers123@gmail.com'
Cc: Debborah Sellers; Lydia A. Peirce Linsmeier; Scott B. Carpenter
Subject: RE: Appendices to Mootness Brief Package 5 - CH Utah (186 pages), and Appendices Supply May 11 2016 (30 pages)
Sent: Thursday, May 12, 2016 8:55 AM
To: 'jasellers123@gmail.com'
Cc: Debborah Sellers; Lydia A. Peirce Linsmeier; Scott B. Carpenter
Subject: RE: Appendices to Mootness Brief Package 5 - CH Utah (186 pages), and Appendices Supply May 11 2016 (30 pages)
Why are you faxing
things to my Tucson and Utah offices to begin with? To harass and bog
down this firm is the only thing that I can think of. You are a “smart” man and you know what you are
doing.
I received package 12
yesterday at 10:18 a.m., 10:19 a.m. 10:24 a.m. and 10:37 a.m.
I also received
package 5 seven times.
Josh Bolen, Esq.
Direct Line: 480-427-2862
This firm is a debt collector.
Any information obtained will be used for that purpose.
*****************************************************************************************************************************************
From: jasellers123@gmail.com [mailto:jasellers123@gmail.com]
Sent: Thursday, May 12, 2016 8:35 AM
To: Josh Bolen
Cc: Scott B. Carpenter; Debborah Sellers
Subject: Re: Appendices to Mootness Brief Package 5 - CH Utah (186 pages), and Appendices Supply May 11 2016 (30 pages)
Sent: Thursday, May 12, 2016 8:35 AM
To: Josh Bolen
Cc: Scott B. Carpenter; Debborah Sellers
Subject: Re: Appendices to Mootness Brief Package 5 - CH Utah (186 pages), and Appendices Supply May 11 2016 (30 pages)
I look forward to your
response on more than just FAXES.
Your response should include some FACTS. You may also fax that to me if you wish. In fact that would be my preference. The Association insists on paper. You got paper. I've also NEVER encountered ANY law firm which claims to be the largest in the world, of any type, that EVER fails a fax receive.
You will recall I offered you FREE electronic access via SharePoint with a click, even from your iPhone, to documents previously, and you never took me up. At all.
As you had "43"
faxes last night, I presume that's not now 44, and that you did NOT
receive the copy of Package 12 by fax I re-sent last night. It also appears
from their email, that your office in Utah is unable to even SEND a fax to
you, after MULTIPLE attempts by THEM.
It's important you confirm receipt of Package 12. HAVE YOU RECEIVED PACKAGE 12?
It's important you confirm receipt of Package 12. HAVE YOU RECEIVED PACKAGE 12?
Sent from my Android
Regards
John Sellers
Tel: 928 310 8220
Regards
John Sellers
Tel: 928 310 8220
********************************************************************************************
On Thu, May 12, 2016
at 8:56 AM -0700, "Josh Bolen" <josh.bolen@carpenterhazlewood.com> wrote:
Also, you can always
email this law firm. We have never stated that you cannot email us. You
simply cannot email the Association or its Management Company.
Josh Bolen, Esq.
Direct Line: 480-427-2862
This firm is a debt
collector. Any information obtained will be used for that purpose.
******************************************************************************************************************************************************************
-----Original Message-----
From: Kris Gines [mailto:kris@haolaw.com]
Sent: Thursday, May 12, 2016 7:43 AM
To: jasellers123@gmail.com
Cc: Theresa@carpenterhazlewood.com
Subject: Appendices to Mootness Brief Package 5 - CH Utah (186 pages), and Appendices Supply May 11 2016 (30 pages)
From: Kris Gines [mailto:kris@haolaw.com]
Sent: Thursday, May 12, 2016 7:43 AM
To: jasellers123@gmail.com
Cc: Theresa@carpenterhazlewood.com
Subject: Appendices to Mootness Brief Package 5 - CH Utah (186 pages), and Appendices Supply May 11 2016 (30 pages)
John Sellers - We
received 3 faxes yesterday regarding the above requesting us to forward to Mr.
Bolen in Arizona. I tried several times to do so; however, our
copier/fax/scanner machine malfunctioned each time. I’m sorry I was
unable to help you. Please fax these documents directly to Mr.
Bolen. Kris Gines
Kris Gines
Legal Assistant
HOBBS & OLSON, LLC
466 East 500 South, #300
Salt Lake City, UT 84111
Phone: 801-519-2555
Fax: 801-519-2999
Email: kris@haolaw.com
*******************************************************************************************************************
From: John Sellers [mailto:jasellers123@gmail.com]
Sent: Wednesday, May 11, 2016 11:00 PM
To: 'Josh Bolen' <josh.bolen@carpenterhazlewood.com>
Cc: 'Lydia A. Peirce Linsmeier' <Lydia.Linsmeier@carpenterhazlewood.com>; 'Theresa Laubenthal' <Theresa.Laubenthal@carpenterhazlewood.com>; 'Scott B. Carpenter' <scott@carpenterhazlewood.com>;azgov@az.gov; rthomas@amcorprop.com; 'Dennis May' <d_may@amcorprop.com>
Subject: RE: Package 12 Appendices
Sent: Wednesday, May 11, 2016 11:00 PM
To: 'Josh Bolen' <josh.bolen@carpenterhazlewood.com>
Cc: 'Lydia A. Peirce Linsmeier' <Lydia.Linsmeier@carpenterhazlewood.com>; 'Theresa Laubenthal' <Theresa.Laubenthal@carpenterhazlewood.com>; 'Scott B. Carpenter' <scott@carpenterhazlewood.com>;azgov@az.gov; rthomas@amcorprop.com; 'Dennis May' <d_may@amcorprop.com>
Subject: RE: Package 12 Appendices
Mr. Bolen
Yet another copy of
Appendix Package 12 will be sent to you tonight by fax. Hopefully this one goes
through. Your fax machine appears to be blocking our professional fax
server, plus the return messages we are getting from them seem to suggest fax
delivery is being “interrupted”. It’s an important set of Appendices so please
study it carefully.
As you seem to feel you
have received so many faxes, I will only send one copy. To do otherwise would
be harassment on our part.
As you will see from a
careful reading of my Fax earlier attached, Amcor have already received a copy
of Package 12, in their capacity as Statutory Agent. We sent that to them in
desperation because your fax machine seemed to be having some problems of
various types. I will not speculate what those might be. The receipt is below.
So if our fax does not go through, please get a copy from them. I’ve copied
Amcor on this so I’m sure they could provide you a copy
But we will try again,
once, but only once.
Our purpose here is to
ensure you cannot at some future date claim you did not receive everything the
ALJ has. He received a backup flash drive today and to our knowledge, he has
everything.
Should you decide we
missed something he received, I don’t think we did, kindly advise because we
will go to great lengths to deny you the excuse you were denied anything.
I would remind you that
the Association prefers paper records, as does Amcor, so we are simply trying
to be accommodating. That’s their choice not ours
Again, do not hesitate to contact us if you lack any of the
Appendices detailed in the list of Appendices I know you received via the OAH
portal
Regards
John Sellers
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
Hi John,
|
Re: Appendices to Mootness Brief Package 12 - Amcor as
Service Agent - Please forward to Mr. Bolen in Phoenix due to their fax
failure - Thanks
|
The fax you sent through MyFax to 14804836244 was
successfully transmitted.
|
Fax Details
|
|
|
Date:
Number of Pages: Length of Transmission: Receiving Machine Fax ID: File Name: |
2016-05-11 18:42:06 (GMT)
155 7847 seconds 480-483-6244 |
If you have any
questions, please call (866) 563-9212 or visit our online help center at www.myfax.com/support. Thank you for using the MyFax service.
Sincerely,
The MyFax Team
Sincerely,
The MyFax Team
********************************************************************
From: Josh Bolen [mailto:josh.bolen@carpenterhazlewood.com]
Sent: Wednesday, May 11, 2016 9:29 PM
To: jasellers123@gmail.com
Cc: Lydia A. Peirce Linsmeier <Lydia.Linsmeier@carpenterhazlewood.com>; Theresa Laubenthal <Theresa.Laubenthal@carpenterhazlewood.com>; Scott B. Carpenter <scott@carpenterhazlewood.com>
Subject: Re: Package 12 Appendices
Sent: Wednesday, May 11, 2016 9:29 PM
To: jasellers123@gmail.com
Cc: Lydia A. Peirce Linsmeier <Lydia.Linsmeier@carpenterhazlewood.com>; Theresa Laubenthal <Theresa.Laubenthal@carpenterhazlewood.com>; Scott B. Carpenter <scott@carpenterhazlewood.com>
Subject: Re: Package 12 Appendices
I have informed you of what you can do. Have a
nice night.
This
email was sent from the phone of:
Josh Bolen, Esq.
Direct Line: 480-427-2862
This firm is a debt
collector. Any information obtained will be used for that purpose.
******************************************************************************
On May 11, 2016, at 9:24 PM, "jasellers123@gmail.com" <jasellers123@gmail.com> wrote:
What are you talking
about with pleadings. Are you now a Judge?
If you want it by fax, let me know as, that's a valid OAH delivery mechanism. I will oblige even though you seem to have received 10 times the # of faxes I thought from my records.
Why would I waste USPS's time on the largest HOA firm in the world with a stamp?
Please make your mind up Counsellor. I'm trying to help you and my battery is giving out.
Just let me know about your preferred form of fax delivery is.What do you want short of eating my paper supply.
Sent from my Android
Regards
John Sellers
Tel: 928 310 8220
If you want it by fax, let me know as, that's a valid OAH delivery mechanism. I will oblige even though you seem to have received 10 times the # of faxes I thought from my records.
Why would I waste USPS's time on the largest HOA firm in the world with a stamp?
Please make your mind up Counsellor. I'm trying to help you and my battery is giving out.
Just let me know about your preferred form of fax delivery is.What do you want short of eating my paper supply.
Sent from my Android
Regards
John Sellers
Tel: 928 310 8220
******************************************************************************
From:
Josh Bolen
Sent: Wednesday, May 11, 21:07
Subject: Re: Package 12 Appendices
To: Ice John Sellers Husband
Cc: Lydia A. Peirce Linsmeier, Theresa Laubenthal, Scott B. Carpenter
Sent: Wednesday, May 11, 21:07
Subject: Re: Package 12 Appendices
To: Ice John Sellers Husband
Cc: Lydia A. Peirce Linsmeier, Theresa Laubenthal, Scott B. Carpenter
I
am accepting a pleading from you. This is not a records request to the
Association but a filing in a matter. If you only send it to me it should go
through. If not, place it in the mail.
This email was sent from the phone of:
This email was sent from the phone of:
Josh
Bolen, Esq.
Direct
Line: 480-427-2862
This
firm is a debt collector. Any information obtained will be used for that
purpose.
******************************************************************************
On
May 11, 2016, at 9:02 PM, "jasellers123@gmail.com"
<jasellers123@gmail.com> wrote:
File size exceeds server
size. Its too big at 15mb.
Will not email because of file size
The Association also does not accept emails from us. Their interpretation of the rules as they only keep paper records.
Will not email because of file size
The Association also does not accept emails from us. Their interpretation of the rules as they only keep paper records.
They only keep paper -
right?
Let me know! ASAP please
Let me know! ASAP please
Sent from my Android
Regards
John Sellers
**************************************************************************
Regards
John Sellers
**************************************************************************
On
Wed, May 11, 2016 at 8:56 PM -0700, "Josh Bolen" <josh.bolen@carpenterhazlewood.com> wrote:
Please
email it to me
This email was sent from the phone of:
This email was sent from the phone of:
Josh
Bolen, Esq.
Direct
Line: 480-427-2862
This firm is a debt collector. Any information
obtained will be used for that purpose.
******************************************************************************
On
May 11, 2016, at 8:55 PM, "jasellers123@gmail.com"
<jasellers123@gmail.com>
wrote:
Please do so early.
Otherwise it may be difficult to respond.
Would you like me to send
you 12 again...just in case?
Have you verified what
you've received?
Sent from my Android
Regards
John Sellers
Tel: 928 310 8220
Regards
John Sellers
Tel: 928 310 8220
*************************************************************************
On
Wed, May 11, 2016 at 8:52 PM -0700, "Josh Bolen" <josh.bolen@carpenterhazlewood.com> wrote:
I
will have to confirm in the morning as we received a very unreasonable number
of faxes to all of our offices.
This
email was sent from the phone of:
Josh Bolen, Esq.
Direct
Line: 480-427-2862
This
firm is a debt collector. Any information obtained will be used for that
purpose.
**************************************************************************
On
May 11, 2016, at 8:50 PM, "jasellers123@gmail.com"
<jasellers123@gmail.com> wrote:
Mr Bolen
I can't find any record of Carpenter Hazelwood in Phoenix having received Package 12.
There some important stuff in there.
I don't want you to feel your are being short changed in your limited time to response.
I need assurance you have everything, especially Package 12.
Kindly respond tonight as I have unavoidable personal commitments in the next few days.
A simple acknowledgement you have ALL 12 will suffice.
I can resend tonight if you wish.
Hope you're well
I can't find any record of Carpenter Hazelwood in Phoenix having received Package 12.
There some important stuff in there.
I don't want you to feel your are being short changed in your limited time to response.
I need assurance you have everything, especially Package 12.
Kindly respond tonight as I have unavoidable personal commitments in the next few days.
A simple acknowledgement you have ALL 12 will suffice.
I can resend tonight if you wish.
Hope you're well
Sent from my Android
Regards
John Sellers
*****************************************************************
Regards
John Sellers
*****************************************************************
On
Wed, May 11, 2016 at 7:37 PM -0700, <jasellers123@gmail.com>
wrote:
Mr Bolen
I erred. I should have asked you whether you got 5 and (12)....not 11
Kindly confirm
Thanks
I erred. I should have asked you whether you got 5 and (12)....not 11
Kindly confirm
Thanks
Sent from my Android
Regards
John Sellers
****************************************************************************
Regards
John Sellers
****************************************************************************
On
Wed, May 11, 2016 at 7:01 PM -0700, "Josh Bolen" <josh.bolen@carpenterhazlewood.com> wrote:
We
have...tens of times
This email was sent from the phone of:
This email was sent from the phone of:
Josh
Bolen, Esq.
Direct
Line: 480-427-2862
This
firm is a debt collector. Any information obtained will be used for that
purpose.
*************************************************************************
On
May 11, 2016, at 6:45 PM, John Sellers <jasellers123@gmail.com>
wrote:
Please confirm you have
received Package 5 and 11.
If not I will resend
Regards
John Sellers
***************************************************************************
From: Josh Bolen [mailto:josh.bolen@carpenterhazlewood.com]
Sent: Wednesday, May 11, 2016 5:02 PM
To: John Sellers <jasellers123@gmail.com>
Cc: Lydia A. Peirce Linsmeier <Lydia.Linsmeier@carpenterhazlewood.com>; Theresa Laubenthal <Theresa.Laubenthal@carpenterhazlewood.com>
Subject: Re:
Sent: Wednesday, May 11, 2016 5:02 PM
To: John Sellers <jasellers123@gmail.com>
Cc: Lydia A. Peirce Linsmeier <Lydia.Linsmeier@carpenterhazlewood.com>; Theresa Laubenthal <Theresa.Laubenthal@carpenterhazlewood.com>
Subject: Re:
We
have received 43 faxes from you over the past two days.
This
email was sent from the phone of:
Josh
Bolen, Esq.
Direct
Line: 480-427-2862
This
firm is a debt collector. Any information obtained will be used for that
purpose.
************************************************************************
On
May 11, 2016, at 4:46 PM, John Sellers <jasellers123@gmail.com>
wrote:
See attached which I have
been trying to deliver by fax together with Appendices 5 & 12
Regards
John Sellers
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