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1 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
2 IN AND FOR THE COUNTY OF PIMA
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RACHEL MARIE COLLINS, )
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Plaintiff, )
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vs. ) DV-20190265
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CARLSON BROOKE EBY, )
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Defendant. )
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_______________________________)
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BEFORE: THE HONORABLE SCOTT RASH
10 Judge of the Superior Court
Division 20
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15 REPORTER'S TRANSCRIPT
16 ORDER OF PROTECTION
17 _______________________________
18 TUCSON, ARIZONA
19 MARCH 8, 2019
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24 Reported By: DIANE L. SONNTAG, OFFICIAL
25 FAPR, RDR, CRR, Certified Court Reporter #50193
PIMA COUNTY SUPERIOR COURT
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APPEARANCES:
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4 LAW OFFICE BY DAVID LIPARTITO
5 BY: MR. DAVID LIPARTITIO
6 177 North Church Avenue
7 Tucson, AZ 85701
8 appearing on behalf of the Plaintiff;
10 MR. CARLSON BROOKE EBY
11 Pro Se
12 appearing on his own behalf.
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PIMA COUNTY SUPERIOR COURT
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1 MARCH 8, 2019
2 MORNING SESSION
3 (Whereupon court convened at 10:09 a.m. and the
4 following proceedings were had, to-wit:)
5 THE COURT: Good morning, everyone. Thank you.
6 Please be seated.
7 On the record in DV-20190265. I guess
8 appearances on behalf of the Plaintiff.
9 MR. LIPARTITO: David Lipartito on behalf of the
10 Plaintiff, who is not present; and I waive her appearance
11 to the extent I can for today's proceedings.
12 THE COURT: I guess that is pretty limited, Mr.
13 Lipartito.
14 MR. LIPARTITO: I understand. I will explain the
15 circumstances to the Court.
16 THE COURT: All right. And Carlson Eby, is that
17 how you pronounce it?
18 MR. EBY: Yes, sir.
19 THE COURT: All right. Present as well,
20 Defendant.
21 It is the time set for hearing on the order of
22 protection that was issued on February 14, 2019.
23 Mr. Lipartito?
24 MR. LIPARTITO: Thank you. So I met with Ms. --
25 I'm sorry -- Ms. Collins. I talked to her the first time
PIMA COUNTY SUPERIOR COURT
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1 on Wednesday and met with her yesterday. I had a very
2 long meeting with her, entered my appearance.
3 She was, at that time, even very nervous about
4 appearing today. I talked to her a great deal about the
5 necessity of being here, of course, and the desirability;
6 and she was going to appear.
7 But I got a long, long -- I got about a 500-word
8 text message from her first thing this morning saying she
9 simply couldn't do it. She's terrified. She's stressed
10 out, and she wants to -- she wants to proceed by filing --
11 refiling this petition in Justice Court and having it
12 heard by the Domestic Violence Division there.
13 I have no idea whether that's possible. I spoke
14 to the Victim Advocate, whose present in court today, the
15 advocate of the day. She thinks it might be. I have to
16 research it.
17 As far as what this Court does, I think this
18 petition -- there are several options, I guess. One is to
19 reset the hearing and we will vacate it if we proceed in a
20 different forum, or we would have it if we don't.
21 I think in that circumstance, I don't know
22 whether the Court could continue the order in effect;
23 probably not. It would probably have to be vacated.
24 The other option, of course, is to simply vacate
25 it since the Plaintiff is not here and ready to proceed,
PIMA COUNTY SUPERIOR COURT
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1 and I leave that to the Court's discretion.
2 THE COURT: Okay. Yeah. I mean if I continue
3 it, she can't proceed in another -- with a separate OOP if
4 I leave it in place.
5 So since she's not here today, it doesn't sound
6 like she wants to go forward; and I'm not sure how that's
7 going to change anything if she refiles in Justice Court
8 and it's heard by their DV Division. Quite frankly, I
9 don't know how that changes anything.
10 So since the Plaintiff does have the burden of
11 proof, she's not here today, Mr. Lipartito, I'll give you
12 two options,
13 I'm prepared to dismiss the petition because
14 she's not here today. I'll allow you a short continuance
15 otherwise to tell her or to convince her that she needs to
16 show up or then dismiss it, but if she's -- if it's your
17 opinion she's just not going to show up, period, then I'm
18 not sure why I'm going to grant any --
19 MR. LIPARTITO: Well, I'll be honest with you,
20 your Honor, I don't know her well enough to know what she
21 is ultimately going to do after she and I have a chance to
22 talk. We can't talk today.
23 So what I would suggest is you grant us a short
24 continuance; and I will avow to the Court that after I
25 speak to her and determine exactly what she wants to do,
PIMA COUNTY SUPERIOR COURT
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1 we will either show up for that hearing or I will dismiss
2 it in advance so the Court and the other party are not
3 inconvenienced by having to show up again.
4 THE COURT: All right.
5 Mr. Eby.
6 MR. EBY: Thank you, your Honor. This has been
7 very stressful in my life; and actually, every single
8 allegation that she put in her complaint for this order is
9 completely false, and I have proof to that with text
10 messages that we had communicated with each other prior to
11 any of this stuff actually happening, as well as the
12 police report from the Sheriff's Department and -- a long
13 list of items that will prove this is absolutely not the
14 case at all for -- there was no domestic violence of any
15 kind.
16 Actually, I don't argue or even fight. I brought
17 with me today two witnesses.
18 THE COURT: Sir, I understand, but I'm not taking
19 testimony today.
20 MR. EBY: I get it.
21 THE COURT: I'm just deciding -- what's your
22 position on a continuance?
23 MR. EBY: I would really like this to be done and
24 over with, and the reason why is because part of my job is
25 as a firearms instructor; and Ms. Collins in her actual
PIMA COUNTY SUPERIOR COURT
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1 text message in one of these text messages threatened to
2 do a protective order against me for no reason whatsoever
3 other than to take my livelihood away.
4 THE COURT: What is your livelihood?
5 MR. EBY: I am a certified NRA firearms
6 instructor and I do CCW training, and this is just her way
7 of hurting me. She has harassed my landlord, my
8 neighbors. She has gone out of her way to make my life a
9 living hell, and I have done nothing but break up with
10 her.
11 THE COURT: I've got it, sir. Thank you.
12 MR. EBY: Thank you.
13 THE COURT: All right. I'm going to dismiss the
14 current petition for failure to appear.
15 She can always refile, but I'm not going to
16 affect his -- continue to affect his livelihood without
17 her appearing here today.
18 So the petition is dismissed; and, of course,
19 Mr. Lipartito, she can refile, but there is some -- I'm
20 not sure if it is recent case law out there on taking the
21 same allegations and trying to refile, but you may want to
22 take a look at those.
23 MR. LIPARTITO: We will. Thank you, your Honor.
24 I appreciate it.
25 THE COURT: All right. Mr. Eby, if you want to
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1 hang around for a few minutes --
2 MR. EBY: Yes, sir, right.
3 THE COURT: -- Alex will get your paperwork.
4 You don't have to stay ma'am. Thank you.
5 (Whereupon the proceedings were concluded.)
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PIMA COUNTY SUPERIOR COURT
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1 STATE OF ARIZONA )
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2 COUNTY OF PIMA )
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9 I, DIANE L. SONNTAG, Certified Reporter #50193,
10 Official Court Reporter for the Superior Court, in and for
11 the County of Pima, do hereby certify that the foregoing
12 transcript consisting of eight pages is a true and correct
13 transcript of my shorthand notes and a true and correct
14 statement of proceedings in said cause.
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18 _________________________________
19 DIANE L. SONNTAG, CR 50193, RDR-CRR
Official Court Reporter
20 Pima County Superior Court
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23 DATED: June 18, 2019
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PIMA COUNTY SUPERIOR COURT
