An Attempt to Reach an Out-Of-Court Agreement

(Puente's Commentary)


STEPHEN QUESENBERRY (8073)
J. BRYAN QUESENBERRY (9156)
HILL, JOHNSON & SCHMUTZ, L.C.
Jamestown Square
3319 North University Avenue
Provo, Utah 84604
Telephone (801) 375-6600

Attorneys for Petitioner


IN THE SIXTH JUDICIAL DISTRICT COURT
SANPETE COUNTY, STATE OF UTAH

ANGIE KAIBETONY,
XXXXXXXXXXXXXXX
Petitioner,

vs.

JOSEPH PUENTE,
XXXXXXXXXXXXX
Respondent.

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XXXXSTIPULATED ORDER RE:
XXXXINJUNCTION PURSUANT TO
XXXXU.C.A. 77-3A-101, ET SEQ.

XXXXCase No: 0506000303 SK

XXXXJudge: DAVID L. MOWER
XXXXDate: October 18, 2005


The parties, having reached an agreement prior to the hearing scheduled in this matter for October 19, 2005, hereby agree and stipulate as follows:

1. Respondent agrees and stipulates to the following:

a. He will not contact, either directly or indirectly, in person, on the phone, by letter or other correspondence, Petitioner, Susan Davila, Molly Brotherson, and/or Patricia Banks, either at their places of work (which encompasses anywhere on the entire premises at where these individuals work), or at their residences;

(This is hardly a concession now since I have severed all professional ties with these people anyway. My medical care has been handled by the VA directly since my hospitalization in November '05.)

b. He will not contact, either directly or indirectly, in person, on the phone, by letter or other correspondence, any of Petitioner=s co-workers or supervisors at the Fountain Green Medical Center premises, which is located at 275 West 300 South in Fountain Green, Utah;

(Again, a non-issue)

c. He will delete all references to Petitioner on his website (includes all pages on his website joepuente.org, or any other website Respondent may create or has created);

(I was even okay with this when Mr. Quesenberry agreed to revoke the original injunction. He later denied agreeing to revoke the injunction or even requesting the judge to do so in light of the new agreement, so I no longer agree to this concession, choosing instead to stand by my right to free expression.)

d. He will make no more public references to Petitioner, which includes, but is not limited to, editorials and/or websites;

(This item is kind of pointless since I never referred to the Petitioner by name in any editorial... in fact, I never wrote an editorial relating to these matters. What I wrote were letters to the editor. There's a difference.)

e. If he runs into, meets or inadvertently contacts Ms. Brotherson at a 4H meeting or event (both Respondent and Ms. Brotherson are members of 4H), Respondent will make no references or communication to Ms. Brotherson about Petitioner, Fountain Green Medical Center, this dispute, any of the incidents alleged or involved in this dispute, or any of the like;

(This is nonsense. No one can dictate to me who I can talk to or what I can talk to them about. If I ran into Molly and said to her, "I still think Angie is a lying shrew," there can be no repercussions, that's my opinion and thus protected by the First Amendment.)

f. If he inadvertently meets or sees Ms. Davila or Ms. Banks at the Nephi Medical Center/Central Valley Medical Center in Nephi (where both of these individuals work), Respondent shall refrain from talking or communicating with said individuals, and shall make no reference or communication to them about Petitioner, Fountain Green Medical Center, this dispute, any of the incidents alleged or involved in this dispute, or the like.

(Again, a non-issue, having transferred my primary care to the VA Medical Center.)


2. In exchange, Petitioner agrees to the following:

a. She will not contest or oppose Respondent scheduling appointments with the VA coordinator at the Nephi Medical Clinic/Central Valley Medical Center in Nephi;

(She has no say in such matters anyway so she isn't really giving up anything. This stipulation, and the two that follow, mights as well read, "The Petitioner will not contest or oppose Respondent from breathing oxygen.")

b. She will not contest or oppose Respondent seeking medical treatment at the Nephi Medical Clinic/Central Valley Medical Center in Nephi;

c. She will not contest or oppose Respondent=s right to communicate with or about, file complaints with, or pursue his rights regarding the Veterans Administration.

ORDERED this ____day of November, 2005.

______________________________
Judge Mower

Approved as to form and content this ____day of November, 2005:

______________________________
Respondent Joseph Puente

Approved as to form and content this ____day of November, 2005:

______________________________
Petitioner Angie Kaibotony