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Enron Mail |
I hope this answers your questions.
-me -----Original Message----- From: Jonda Stowell <jls@fullenweider.com<@ENRON Sent: Tuesday, October 23, 2001 9:40 AM To: Stepenovitch, Joe Cc: Donn Fullenweider Subject: RE: Stepenovitch Dear Joe: In order to prepare your case for trial, several things are necessary, as follows: 1. Depositions must be taken of you and Tonya. 2. We must send discovery to Tonya and we must have sufficient time pursuant to the Texas Rules of Civil Procedure for it to be answered prior to trial. 3. The Court will require mediation before we can go to trial. 4. The Court will appoint a mental health examiner and possible an attorney ad litem to represent Payton's best interests. This is now a case where custody and possession are an issue and these steps MUST be taken before we can proceed to trial. Initially, after paternity was established and you first visited with Payton, your desire was that all possession periods would be worked out by agreement and neither you nor Tonya wanted any more court proceedings. However, since then, Tonya has bucked your every request for visitation and put limitations of one kind or another on it, turning the case into a custody case. Without discovery to Tonya (similar to the discovery we answered for you) and Tonya's deposition and a mental health evaluation, we are not prepared for trial and the Court would not be ready to hear the case and entertain what was in Payton's best interest. Therefore, Mr. Fullenweider did not opposed Stewart Gagnon's motion for continuance, and would have, in fact, have filed one himself in keeping with your best interest (and Payton's) in mind. As I explained, we are working on a Request for Temporary Orders, which I expect will be set on 11/14/01, along with the hearing on mental evaluations. At that time, I expect the court to set your possession periods with Payton, including holidays. Until then, we must work on scheduling your possession periods by agreement. To confirm your November 3rd visitation period, you have chosen to have Payton from 12:00 noon to 7:00 p.m. in Vero Beach on the 3rd and will forego November 4th. Where will you pick up and drop off Payton? Jonda -----Original Message----- From: Joe.Stepenovitch@enron.com [mailto:Joe.Stepenovitch@enron.com] Sent: Tuesday, October 23, 2001 9:05 AM To: jls@fullenweider.com Subject: RE: Stepenovitch Good Morning Jonda, I received the papers from you yesterday about the continuance. I was under the impression that it was the court moving the date. It looks like to me its Tonya and her Lawyer. They have been doing pushing this case back from the start and I'm sure they are doing this for a reason (to say to the jury: that a bond has been created and its not in the best interest of the child to go with his father after being with his mother for so long) At this point if we go to trial Payton will be 1 year old and I will have only seen him about 12 times. I don't think I will win that battle! As for the November 12th court date will we have something in writing by the judge so I can start having my rights! I feel like her and her lawyer can tell us what to do and we must follow there rules. Will this change or do I have to go through this until the April court date? That can't be how is system works. I should have the right to pick my own son up whenever I want and no court or lawyer or even his mother should have anything to say about that. I don't understand why everything is against me? Finally, for the weekend of Nov 1st I will take my son for the whole day (in Vero) on Saturday and forego Sunday. -Joe -----Original Message----- From: Jonda Stowell <jls@fullenweider.com<@ENRON Sent: Friday, October 19, 2001 3:33 PM To: Stepenovitch, Joe Subject: Stepenovitch Dear Joe: I just received a phone call from Miryam Mitchell. She said if you would like to take Payton to Vero Beach on Saturday, November 3rd, you may have him from 12:00 to 7:00, if you are willing to forego visitation on Sunday and let Tonya have him all day on Sunday. If you'd prefer this, let me know. It is your call. Jonda L. Stowell Legal Assistant The Fullenweider Firm 4265 San Felipe, Suite 1400 Houston, TX 77027 (713) 624-4100 Telephone (713) 624-4141 Facsimile e-mail: jls@fullenweider.com ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender or reply to Enron Corp. at enron.messaging.administration@enron.com and delete all copies of the message. This e-mail (and any attachments hereto) are not intended to be an offer (or an acceptance) and do not create or evidence a binding and enforceable contract between Enron Corp. 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