DOCKET NO.:X04-HHD-CV-14-6049524-S : SUPERIOR COURT ANTHEA MENDEZ, ANTHEA MENDEZ ‘COMPLEX LITIGATION PPA JORDAN WILLIAMS AND ANTHEA DOCKET MENDEZ PPA DENIRO EDWARDS. vs. AT HARTFORD JPMORGAN CHASE BANK,NA,ETAL. = AUGUST 10, 2015, MOTION FOR COURT-SUPERVISED DEPOSITION ‘The Defendants, JPMorgan Chase Bank, N.A. and Fannie Mae (collectively Defendants’) hereby move for an order for a court-supervised deposition of the Plaintiff, Anthea Mendez (’Mendez") at a date and time convenient to this Court’. The Defendants make this request due to extreme difficult and recent lewd behavior of Mendez's counsel, and the extreme difficulty in completing this deposition, as reflected in excerpts of the most recent deposition transcript of Mendez attached hereto ae Exhibit A? See Exh. A. 9p.686-675, While the transcript speaks for itself, Defendants ‘submit that counsel's resent lewd and bizarre behavior, together with the outbursts of ‘Mendez herself and the continued resistance of the Plaintiff to the timely completion of ‘Counsel nad previously agreed to complete Mende2's deposition on the afternoon of August 24,2015; however, upar review ahd retecton ofthe extraordinary events cf tne recent Geposton, Defendants gubmitthat cout intervention is necessary. Defendants reserve the ight o seek separate rele for the behavior ise, but fle his motion inanetfort to simply complete the discovery 2s expeditiously as possible 19947.1097 rey HALLORAN Pantin &SAGELLP rn 2003this discovery, more than adequately leads to the conclusion that direct Court intervention is necessary.” While the Defendants believe that the Court is aware of a number of recent difficulties in completing Mendez's deposition, the recent conduct suggests that this deposition. which has already lasted for portions of three days to date, may not be timely completed without the supervision of the Court. Defendants believe that this, deposition can and should be completed in less than half a dey if Mendez and her counsel would simply cooperate to get this done". Similarly, however, Defendants submit that there does not appear to be any reasonable effort to engage in such cooperation and, quite frankly, Defendants conclude that this examination is unlikely to bbe completed without the direct supervision of the Court. Accordingly, Defendants request an order of the Court consistent with the relief requested, DEFENDANTS, FANNIE MAE & JPMORGAN CHASE BANK, NA. ae ZZ Brian D. Rich Peter Meggers HALLORAN & SAGE LLP 225 Asylum Street Hartford, Connecticut 08103 Juris No: 26195 5 though counsel's own lewd behavior mers the rele, the Defendants also dct the Court's attention to counsers strange Inu as to whether counsel forthe co-defendant was Fecoaing the depostion on her compute (p28) ana Mende2's own althude answering counee’s questions (see, eg 8.642} ‘These are nething more than smal semles of recurrent depostion misconduct ‘The Defencanis note that counsel air offered a purported “apology” forher behavior, though the “apology” seemed to simply Wwansfer respoastoity for he Behavior fom te cup is tended target See Exh. A pp. 687-695 -2- renin HALLORAN Poste fries on! &SAGELLP eto 200sCERTIFICATION ‘This is to certify that on this 10" day of August, 2015, a copy of the foregoing was either mailed, postage prepaid, or hand-delivered to: MARY ALICE MOORE LEONHARDT, ESQ. ONE STATE STREET, 18TH FLOOR HARTFORD, CT 06103, HUNT LEIBERT JACOBSON PC. 50 WESTON STREET HARTFORD, CT 08120 FONTAINE ALLISI PC 750 MAIN STREET SUITE 1600 HARTFORD, CT 06103 BYRON YosT 50 WASHINGTON STREET, 4TH FLOOR NORWALK, CT 06854 COONEY SCULLY & DOWLING HARTFORD SQUARE NORTH 19 COLUMBUS BOULEVARD HARTFORD, CT 06108 HASSETT & DONNELLY PC 400 PEARL STREET 11TH FLOOR HARTFORD, CT 06103, , 3. Pavers HALLORAN mec sron oat ain &SAGELLP roteEXHIBIT Aa9 ut a2 a3 aa 16 ar a9 20 2 23 24 25 606 STATE OF CONNECTICUT SUPERIOR COURT NO. BHD-cV-14-6049524-5 JUDICIAL DISTRICT OF ANTHEA MENDEZ, ANTHEA HARTFORD MENDEZ PPA JORDAN WILLIAMS AND ANTHEA MENDEZ PPA vs. AucusT 4, 2015 JPMORGAN CHASE BANK, NA., ET AL. CONTINUED VIDEOTAPED DEPOSITION OF: ANTHEA MENDEZ VOLUME Iv APPEARANCES: ROME MCGUIGAN, P.c. One State street Hartford, Connecticut 06103 (860) 349-1000 fmooreleonhardt@rms-law. com BY: MARY ALICE MOORE LEONHARDT, ATTORNEY AT LAW (Continued) Wendy J. Leard Registered Merit Reporter csR ¥ 00039, NIZIANKIEWICZ & MILLER REPORTING SERVICES 972 Tolland Street East Hartford, Connecticut 06108-1533 (860) 291-019110 aa 12 13 a4 16 17 18 19 20 2a 22 23 24 28 APPEARANCES (Continued): Attorneys for the Defendants JPMorgan Chase, and Fannie Mae HALLORAN & SAGE ‘One Goodwin Square 225 Asylum streec, Hartford, Connecticut 06103 (860) 522-6103, rich@halloransage.con BY: BRIAN D. RICH, ESQUIRE Attorneys for the Defendants Debbie colli and Re/Max Hometown: FONTAINE ALISST, P.C. 750 Main Street Hartford, Connecticut 06103 (860) $48-1122 jhodgson@fontaine-alissi.com BY: “JANINE W. HODGSON, ATTORNEY AT LAW Attorneys for the Defendants Prenier Eroperty Preservation and David Karat: HASSETT & DONNELLY 100 Pearl Street Hartford, Connecticut 06103 (860) 247-0644 kbyron@hassettanddonnelly.com BY: KELLY A. BYRON, ATTORNEY AT LAW Attorneys £1 Specialists: the Defendants Asset Management COONEY, SCULLY & DOWLING Ten Columbus Boulevard Hartford, Connecticut 06106-5109 (860) 527-1141 Inagcsd-law.con BY: LEAH NOLLENBEAGER, ATTORNEY AT LAW Also present: Greg Jacques, Videoarapher NA,1p aL 12 13 aa 16 ay 18 1 20 au 22 23 ae 25 you want to ask me. MS. NOLLENBERGER: Nendy, can you read the question back MS. NOLLENBERGER: Thank you. MS. LEONHARDT: Are you recording this? Other than the videographer, are you also recording it on yo computer? MS. NOLLENBERGER: No. I'm just Looking something up MS. LEONHARDT: Okay. Thank you. (Whereupon, the last question was read back by the court reporter.) THE WITNESS: Okay. Well, that's separate questions. two So you either ask me one question at one time, and I'll answer it; then you can ask me the other one. BY MS. NOLLENBERGER: © When did you receive the check back from chase? A In che summer of 2012. @ And when did you start having conversations with Hunt Leibert?ao 1 a2 a3 aa ar 1a 19 20 2 23 24 28 a2 T wouldn't line the shoes up together to match them up. I wouldn't carefully be boxing something. If Twas throwing iC away, it would just be all trash, and I would just dump it all out. That's not what you do when you're attempting to throw something in the trash. To me, that's an attempt to line shoes up to take them with them, to make sure they have all the correct pairs And fn all the jewelry that bo men was inside the jewelry box, my safe, that you can clearly see outside in the driveway, smashed open That contained some of my jewelry Do you have another question for me? Q@ Ms. Mendez -- A um-hnm. ° it -- it will go much quicker if you don't give me attitude like that. so -- MS. LEONHARDT: Excuse me Please continue with your questions, and let's not pursue that avenue BY MS. NOLLENBERGER: Q@ Ms. Mendez, you're alleging intentional10 an 12 13 1s 17 18 a 20 21 2a 2a 2s MR. JACQUES: Going off record. The time is eleven o'clock. (Whereupon, a recess was held off e record.) MR. JACQUES: We are back on record The ime is 11:06. MR. RICH: Thank you. This Attorney Brian Rich 1 just want to record an off-the-record discussion that just occurred between Attorney Leonhardt and nyself Attorney Leonhardt, after the last break, called me out of the roon to discuss some e-mails that were exchanged between counsel chis morning in which my office and me personally requested her position as to an outstanding ~~ or as to an anticipated request for adjudication in connection with the filing of a motion for capias this morning. Attorney Leonhardt, in that conversation off the record, indicated that she was net going to be responding any further to my e-mails even thoughuw aa wv 20 au 22 23 2s 667 she's responded to a number of e-mails from my office of this morning, as the record will reflect, and that those inquiries should be directed to attorney Chappelle -- Chappell, I believe it is; ie and that she, apparently, f inappropriate that she was being asked to weigh in on when she would file a response, her office would file a response to the request for adjudication. We then came back into the conference room, and we had a discussion in which 1 tried to indicate to Attorney Leonhardt that I was simply seeking her position as to when -- whether she would be oojecting and when she would be filing @ response to the moti for capias so that we could note that on the request for adjudication form so that we could file it by r0on today in light of the August 14 scheduling order, Attorney Leonhardt and I thea engaged in an unpleasant banter back and and at one point in time during that banter, Attorney Leonhardt actually ducked10 an 12 13 17 18 19 20 aa 22 24 25 sea her head under the conference room table in my direction When T asked her what she was doing, whe indicated she was looking to see if there was anything between my legs. And I, thereafter, expressed my dismay and displeasure that a menber of the bar would engage in such not only juvenile, not only offensive, but absolutely outlandish behavior as well Attorney Leonhardt then lectured other unsel, all of whom happen to be female, here today indicating thet she hopes that no other attorney ever treats them in the manner that T have treated her and that she's quite familiar with my ed aggressive tactics from some unne So T want to be very clear cn the record that Attorney Leonhardt hes not only made a series of accusations about my behavior today and seems to fail to understand the purpose of my inquiries as to the request for adjudication, but has also made what can only be deseribed asLe 1s 20 24 22 23 24 28 both bizarre and sexist statements directed at me personally and really just gross, unprofessional, obnoxious. I think the statement itself probably speaks for itself, so 1 won't comment any further. But asking a member of the bar or looking under the table at a member of the ber and asking whether there's anything between his legs is the type of conduct that should bs g shame and discredit on our profession. And I only hope that I never have to deal with chat behavior ever again in my professional career because, quite frankly, I find it depressing and pathetic. Thark you And I'Ll turn the mike back to Attorney Nollenberger. MS. LEONHARDT: Well, I'd just like to clarity on the record. Atterney Rich, thank you for your As I indicated to you, you've beenae a9 20 a 22 22 24 25 squirming in your chair, and I was wondering if you were sitting on something and there was a problem Also, you have mischaracter:zed our conversations. You have mischaracterized our discussion out in the hall You sent me an e-mail. T'm sitting here defending the witness in a deposition, and you sent me an e-mail at 11:02 I believe it was 11:02 was at 11:02 And T asked you to stop sending me e-mails requesting responses. This was a specific e-mail cirected to me during the deposition, and I very politely asked you to stop doing that I'm not going to belabor the point, and T'11 also note that you did pot == that your -- you made a speech telling me about the rules of prectice And you consistently do that in these depositions as if T'm some kind cf an idiot trying to demean me and put me down, and I will not tolerate that.ua a2 43 14 as 16 a 1e 19 20 a 22 23 24 25 on I've got a record of it, s0 I don't need to describe it; it's all in the depositions, the way you speak to me persistently and consistently with your ing tone and your insulting And I'm not going to tolerate it. And, eventually, we'll go to the judge, and we can we speak with the judge But your rendition of what has occurred is not accurate It's grossly incomplete, and it's self-serving. and T'm prepared to continue with the deposition now; it's not your deposition I'd ask you to stop interrupting the deposition ts make speeches, and let's get on with the day so that the witness can get finished today as planned. Thank you MR. RICH: Attorney Leonhardt, the record will reflect that I haven't spoken in this deposition on the record yet day, so you're just absolutely wrong about that.16 a a8 1s 20 21 22 23 2a 25 Let the record further refi other ways in which you're wrong. But T should note that you have twice moved for contempt and sanctions against my client and against my firm ressiting from my alleged conduct; both those motions were denied by the court You previously threatened a grievance, which itself is inappropriate in the context of asserting your bizarre and quixotic litig on strategy in this ous other ¢ You've made var ats on and off the record. You've sent obnoxious e-mails repeatedly You're right. The record will speak for itself. But just so that the record is clear, T'11 give you an opportunity right now, if you wish, to tell -- to state on the record that you did not poke your head under the table and ask if there vas anything between my legs you want co disclaim thar statenent now, I'11 give you thele as 20 a 22 23 24 25 opportunity to do so. We do have five other witnesses in the room, excluding you and your client. I'm sure they all heard and saw what happened. But if you'd like tell everybody that that didn't happen, I'11 give you the opportunity now MS. LECNHARDT: I'm not the witness. MR. RICH: Thank you. MS. HOUGSON: Excuse me. I'd like to put something on the record also. Thank you 1 just -- I want to concur with the comments made by Attorney Rich. I simply can't believe what just happened. I can't believe any a ney would duck their head under a table to examine somebody else's crotch area and then make an assessment and a statement about that area to another attorney And I just think the conduct is reprehensible.7 It led to the client bursting into laughter and making the comment 'Peanuts.* So I think the entire scenario is just -- it's @ really poor showing of who we are as attorneys And Tam I'm actually very shake! up about it, and I'm distraught. Thank you MS. LEONHARDT: And I deny your accusation that I examined Attorney Rich's ech a! So to the extent that you've made that description, you're wrong. And how dare you accuse me of that because I did not do that MS. HODGSON: Well, T believe you said you looked between his pants, so 1 don't know how else you want to cescribe ite MMS. LEONHARDT: Well, you cen use your own mind te conjure up accusations against me, Counsel, but I take creat umbrage with you accusing me of that. YR. RICH: Tim == T!m just going i'm going the reiterate my prior1s 16 a aa 1s 20 aa 22 23 24 25 675 comments on the record, but I will note that, as of this afternoon, 1 am boarding the plane to go to Dallas, Texas, for the depositions of two witnesses from Fannie Mae, as counsel is aware If this kind of conduct in the depositions continues, counsel should get Judge Sheridan on the phone right now se that we don't have an incident in Dallas ed to have. that we don't And if there's any disp or any doubt about whether we need Judge Sheridan's input right now, I'd encourage counsel to get him on the line right nox, and you can explain what looking between someone's legs means to the judge So if you want to get the Court involved right now, I'm game MS. NOLLENBERGER: Could you read the last question and answer back for me. THE COURT REPORTER: Sure. (whereupon, the prior testimony was read back by the court reporte: Ms, Mendez, which toilets were leaking?20 an 22 23 24 25 687 no further questions. There are certainly two other counsel for two other defendants here who kely do, but for now, I am all set. So thank you for your time MR. JACQUES: Change? MS. NOLLENBERGER: Yes MS. LEONHARDT: Thank you. can we take a brief break? MS. NOLLENBERGER: Certainly. Yeah. We're all going to have to play musical chairs MS. LEONHARDT: oka: MR. JACQUES: This is the end of tape number 1 of the video deposition of Anthea Mendez. We're going off the record. The time is 11:26. (Whereupon, a recess was held off the record.) MR. JACQUES: This is the beginning of tape number 2 of the video deposition of Anthea Mendez. We're back on the record The time is 11:3910 u a2 43 14 15 16 a as 1s 20 21 22 23 24 28 LEONHAROT: Ms Thank you. I would like to just put on the record a formal apology to Attorney Rich and all present at this deposition for my -- losing my composure end making an inappropriate remark to Attorney Rich. Ihave to say that I have been chronically and persistently exposed te condescending behavior by Attorney Rich And we had a conversation out in the hallway, and things got heated. And when I came back into the room, I felt very pushed over the edge by him in the course of his speaking to me And rather then maintaining my composure, I made an inappropriate gesture and renark, and 1 regret that And I'm sincerely apologizing, and 1 hope that all counsel will accept my apology. As everyone knows, these have been contentious times in the litigation The deposition transcripts speak for themselves about the number of times that what I believe to be, T have been,eas wrongfully and inappropriately lectured by ney Rich. That doesn't excuse my coment, and 1am sorry Te's not usually my nature to use vulgar language or say anything inappropri Along those lines, I did see him squirming in his seat, and it prompted me to wonder if he was sitting on something, and I apologize for what I said That having been said, 1 would also Like to indicate that my client never said anything that was inappropriate, didn't tend to say anything inappropriate. I think there may have been @ misunderstanding of a comment that she was making because she wanted to go off the record and get some nuts to eat And I would ask that any -- any misunderstanding be clarified that she was not participating in any inappropriate comment or s:atement that I made And with that, IT would ask, again, that you accept my apology, and I hope14 as 16 a 18 13 20 an 22 23 24 25 that all of us can conduct ourselves professionally going forward. Thank you. Shall we proceed? MR. RICH: I've asked for the mike. Thank you. T have just listened to Attorney Leonhardt's comments I don't want to belabor this point, but the, quote, apology, end quote, that Attorney Leonhardt just offered on the record was, from what I heard, nothing of the sort. Tt amounts co "the devil made me do it" in terms of an explanation for her absolutely indefensible comment I take sharp issue with attorney Leonhardt's comments indicating that the devil in this context is me and that T Grove her to make @ remark which is sexist, vulgar, offensive, name your adjective thereafter T don't even exactly know how to characterize the remark that Attorney Leonhardt made.And T'm a little stunned, frankly, that Attorney Leonhardt would erter this room, indicate that she wanted to make an apolegy, and then couch it as te why she felt compelled to make such an indefensible statement. And her comments themselves prove just how indefensible the staterent was. So I don't want to go back and forth about who did what to whom. The record speaks for itself, and we keep talking about this record; attorney Leonhardt keeps making mention cf it. It's -- we have deposition transcripts littered with the record. We have two motions for contempt littering the record. We have a threatened grievance at the Knickerbocker deposition littered all over that record We have numerous other comments from Attorney Leonhardt on the record The record does, in fact, speak for itsele. But while I would always welcome an apology, and occasionally have to giveae 19 20 2 22 23 24 25 them myself, when I give an apology, T give one that matters and means something. And what I just heard from attorney Leonhardt means very little because it doesn't answer the fundamental question as to why the comment, that she now seems to acknowledge is so indefensible, was ever made, other than that T drove her to such lengths to do it That is not an apology, that does not cure the behavior, and, as far as the statements your client made, attorney Hodgson previously has made statements on the record. Her statements were accurate. Ms. Mendez was not asking for a break to go get some >eanuts. And it insults our intelligence for Attorney Leonhardt to even try to make the case for that szatement That is absolutely ludicrous. It's ridiculous, it's offensive, and your continued conduct in this case continues to be offensive And with that, r'21 turn it over Attorney Hodgson 80 maybe we can finallyget to the merits of this case MS. LEONHARDT: Okay. Well, I'd just Like to put on the record that my client did tell me that the point of her comments was that she wanted to go and get some peanuts to eat, so I was merely stating what my client has told me Attorney Rich, I'm sorry I sincerely regret what I said, and I extend that to all of you in this room. My explanation was that I was inappropriate because of underlying experiences that I had, and I did not properly contain my emotional reactions properly. I tried to explain it because it's very unusual and extraordinary for me to make a comment as I did, and it's the only way I covld understand that I did not maintain my own control and professional decorum. And I assume responsibility for that. And I, again, regret that IT said what I said, and I would extend my apology to you again.1 And I'm sorry 2 And, of course, if you're unwilling 3 to accept my apology, so be it 4 Thank you. 5 MS. HODGSON: 1 just need to put one 6 thing on the record before we begin, 7 counsel 8 When you left the room, your client 9 started speaking to me. 10 And 1 immediately advised her not to a talk to me because you had left the room, a2 and it was not appropriate for us to 13 engage in conversation without you here as representing your client. a5 She told me that T should never again put words in her mouth and that I better a7 watch myself. 1a She pointed her finger at me, and 1 13 took it as a threat. 20 And I just hope that we can proceed aL to complete this deposition, and I would 22 hope that your client understand, in the 23 future, that she is being represented by 2a you, ard she should not be discussing 25 anythirg with us outside of your presence10 rey 12 13 14 as 16 a7 ae 19 20 aa 695 And if you could counsel her to that effect, I would appreciate it MS. LEONHARDT: Thank you. Ms. HODGSON: Okay. (CROSS-EXAMINATION BY MS. HODGSON 0 I represent Ms. Colli and Re/Max Hometown in this case And I just, before we begin, by saying if T ask you a question thi you don't understand, please let me know, and I'd be happy to reshrase the question Otherwise, once you've answ question, I'11 assume that you heard it, understood it, and that your answer is responsive. okay? can you answer, please, yes or no, to that A I heard you. @ that you understood it okay. And in terms of my questioning, I'm going to refer to the Derek Lane property as the "house."