Listen To the First Hearing, Ill Fill In the Blanks Later, I have Tones Of Stuff to Post

Transcribed Disk AID ONLY NOT EVIDENCE                                                           

 Disk Time  Start @ 26.29 sec

Defendant : Your Honor This is Um, inaudible Sorry, we talked to the Clerk about it, Ms.

        Judge: PetSmart ,You represent Petsmart

Defendant : Yes your Honor And unfortunately were not going to be able to resolve it, so    we will need to get a hearing date.

                     But the Clerk suggested that I come here and talk to you, because yesterday I learned that um, this is a case about bird food

       Judge: A Bag of  what?

Defendant :  A Bag of Bird Food, and Ms Chute has used a subpoena and served it on my   client requesting records, covering a span of Five (5) years.

                      Including Records for exterminations services, records relating to ,and let me just pull it out so I can tell you right and I wanted to, if we could try to get that dealt with while we are all over here today, Um,

                     In light of the potential damages Ms Chute could get in this Case,

                     Even if liability is established, the request for Um,

                     All financial records for payment, Um of pest control services, Pest Control agreement with the agent, Um she also requested, records of Five (5) years of stored product, She wants the Master Contract Agreement Singed between Pet Smart and The Other Defendant, Central Avian and small air.

                     She wants all Health department records for the last five years, Um

                     The Request is unduly burdensome, overly broad, Not appropriate, Not reasonable calculated not to lead to the discovery of admissible evidence , And I just ask the court order a protective order and quash the subpoena, and get a trail date and try to get this behind everyone.

Judge: The cost of Extermination, What basically is that?

Plaintiff: What this is , What this is about is I purchased a bag of bird food, that ah

That I was told I needed Fumigation on my home, Fumigation is very (exspal)   Expensive and ah, Its Poisonous, and I asked for these people to take care of this at a 527.00 dollar level. And they did not want handle and exterminate my home, for just a normal extermination and I was willing to take that, But they have pushed me and for me to be able to fight my case, I have 10 witnesses, I need this evidence to prove these people do not keep house well. That they do have the drugstore beetle in their warehouses, and that this is an industry problem, This is a very complex case, and I want to fight it to its fullest, Because this company knows that this is an industry animal that is on every shelf ,every warehouse, in every warehouse in America, and willing to fight me on this.

What they contend is that I Um, That my bird food Contaminated their bird food, and I am saying that their bird food contaminated my food and my home.

 And In light of that, I have millions of bugs, I have a 20lb bag of evidence in my freezer , I have , Like I said ten witnesses , I have subpoenas that need to get out, I need scientific evidence in order to prove my case, I am fighting Pro Se against two major corporations, and feel it necessary in order  for me to get-Um for me to fight my case properly.

When I Originally brought this to them, they told me, their business practices do not allow the Drugstore beetle in their warehouses and I intend to prove that is not the case

Judge: Based on the size of the lawsuit,771,00 dollars ,what does that include?

Plaintiff: No , No Sir, ah that is, what that includes is , what I have paid and what I’m due    to pay, which actually has gone up since then, because of my subpoenas, I’m am fighting based on the Implied warranty, when I purchased the product , it was purchased with a promise, that is would not damage me and would not harm me so Im also asking for the courts capacity, On loss of consortium, based on all of my stress   

Judge: loss of consortium

Plaintiff: Yes, yes sir, I had my 11^th year Anniversary ,on April 11^th this was going on April 16^th , When I just wanted this to Go away, I had all, I had embarrassment, I had trucks I had

                                                                       Disk Time

                                                                       31:37 Sec

Judge: Ms Chute I will Not Sign off subpoena being issued, I will Quash it,UNLESS     you are willing to bear the expense of the collection of those records and that evidence

Plaintiff: I will be willing to bear the Expense for at least three (3) of it

Judge:   Pay it up front and produce it

Plaintiff: I Need to know what it costs

Judge:    I Don’t Know ,I don’t know

Plaintiff: Ok

Defendant :  I honestly have know Idea Your honor, It is quite an undertaking, and seems to be designed to harass the corporation as oppose to getting any relevant evidence

Judge:    Go ahead and get a trial date,

Defendant :  Ok

 Judge:    I would suggest it would be set off as far off in the distance in the future as possible

Defendant :   Yes Your Honor,

Judge:    So that Ms _______ can pay and have that evidence collected.

Defendant :    Alright Thank you , your honor

Inaudible

Defendant :     Can I Go back to the Courtroom

Judge:    Please, Take that back to the Clerks office, and get a new court date , and ask for it to be out as far as possible, so everyone has a chance to prepare

Defendant :   Thank you, Your Honor

                                                                   Disk End@ 32:35 Seconds

                  This is not and will not be used or offered as Evidence, It is not meant to be a used or offered as a true transcript.

                  I Kathleen Chute ,Do not transcribe professionally, Officially or Lay or  through Hobby any transcription of any kind

                   I Do swear , that I Kathleen Chute Pro Se Litigant for The Above Action, Did so Transcribe the Audio Disk from the Court Room (ADR) Dated August 18^th 2010, to Offer this as a GUIDE ONLY and NOT to be used or affirmed as a true Copy. This is only a Guide meant to assist the audio Review in the best interest of Justus if the Judge wishes to use it. I further Claim no perfection and Transcribed Under the best of my Ability So Help me GOD

David and Kathleen Chute

2144 River Rd

Clarksville TN

37040-7253

Pro Se Attorney/ Litigant  Kathleen My NameChute

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