IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN AND FOR UTAH COUNTY, STATE OF UTAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Full text

(1)

KAILIN WANG Petitioner in Pro Per 2481 Fairway Dr.

Spanish Fork, UT, 84660 801-645-1060

kaywg2372@gmail.com

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN AND FOR UTAH COUNTY, STATE OF UTAH

KAILIN WANG,

Petitioner, vs.

CHRISTOFFER STANFORD THYGESEN, Respondent.

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No.: 194400718

PETITIONER'S OPPOSITION TO RESPONDENT’S MOTION IN LIMINE FOR NOVEMBER 15th and NOVEMBER 16th EVIDENTIARY HEARING

Judge: LOW

Commissioner: ITO

Petitioner, Kailin Wang hereby submits the following her opposition, filed in conjunction to her Motion in Limine to exclude and limit the presentation of certain improper evidence at the time of the November 15th and November 16th evidentiary hearing in the above- entitled matter. This is another attempt to exclude previously

allowed evidence that shows without a doubt my whereabouts for the relevant time-period.

INTRODUCTION

On March 10, 2020, Thygesen submitted his Witness and Exhibit List this court ruled on what exhibits will be received, and which ones won’t be at two hearings on Exhibits held on May 12, 2020, and June 2, 2020. The Court specifically excluded

(2)

2 excessive exhibits on other individuals Walker Stone, Rory Will, and illegally obtained evidence such as what is alleged to be Wang’ NY DMV application obtained by an unknown source, and Thygesen’s subpoenaed documents Southwest Flight information, however Thygesen declared that no noticed subpoena was ever executed in this case.

However these exhibits and 60 new exhibits made it to the recently re-organized exhibit list submitted by Thygesen on 10/18/21 in efforts to mislead this court, making it impossible to decipher what was ruled upon as inadmissible, and improper evidence.

On June 2, 2021, Thygesen refused to move forward with the UCCJEA

Evidentiary Hearing, and the court granted that unnoticed oral request, and further delayed a very time sensitive child custody jurisdiction matter which runs contrary to 78B-13-107.

Priority; “If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously,” as there is a particular need to accelerate the child custody disputes where children grow up quickly and have immediate needs.

However, after several motions filed by Wang for this Court to schedule an evidentiary hearing as quickly as possible, (See filed on 06/04/20 (Docket # 481) and Exhibits in Support filed on 06/22/20, my please fell on deaf ears, and on 06/30/20

(Docket # 516) the court issued an order entitled “Ruling and Order Overruling Objection to Continuance”, denying Wang’s various objections to the Court further delaying the UCCJEA Evidentiary Hearing. Both parties submitted evidence from filing in the California Court of Appeals (COA) Case then submitted briefing on Case no. A158691, after Thygesen filed for over 270 days of extensions, thus it was rational for both parties to wait for the COA opinion, and not have it go to waste. That matter was finally decided on

(3)

June 29, 2021 where Judge Darwin’s 07/18/19 Order on the UCCJEA was reversed, pursuant to Cal. Fam. Code § 3406, equivalent to 78B-13-106: “Binding force of child custody determination.”

The COA determined because Thygesen was first in time in his race to the

courthouse, that on March 6, 2019, at an ex parte hearing where he was granted sole legal and physical custody of a child he had no relationship with, and never even met before, that order is final absent appeal. The COA decided because Wang only objected on the form DV-120 as instructed in her DVRO packet but did not appeal that decision, Wang this forfeited any objections to jurisdiction, therefore Judge Darwin erred in reconsidering hi initial child custody determination.

Three Different Witness and Exhibit List

Thygesen then submitted a Witness and Exhibits List on 02/10/21, and 10/18/21.

However his 10/18/21 Witness & Exhibit List fraudulently altered all of the exhibits order, and changed their numbering thus making it impossible for this court to decipher what was, or wasn’t received at the two lengthy 3.5 hour hearings held back on 05/12/20, and 06/02/20. This was done deliberately to sneak in inadmissible evidence previously denied.

• Version # 1: 03/10/20/Respondent’s Witness & Exhibit List

• Version #2: 02/10/21/Respondent’s Witness & Exhibit List

• Version #3: 10/18/21/Respondent’s Witness & Exhibit List For example:

In Thygesen’s Utah Exhibit/Witness list dated 2/10/21, which lists a NY DMV application as Exhibit 2, entitled “Petitioner’s October 26, 2018 New York Application for ID Card.”

(4)

4 This exhibit was not received, however, now that Thygesen’s has altered the order of his witness and exhibit list, the previous two 3.5 hour hearings held on exhibit

admissibility, on what is or is not admissible has gone to waste, as he deliberately renumbered them differently so this court’s 5/12/20 Order would be futile.

Thygesen is also attempting to introduce the amended information for the subpoena forgery charges, obviously Commissioner Ito did not take that into account to determine Subject Matter Jurisdiction, he cannot attempt to introduce evidence and disallow me to rebut that evidence.

The Court never ordered Petitioner should not highlight, underline, or comment on the proposed exhibits; also it is not possible to have only 1 page as an exhibit for items such as Subpoena Responses for GPS, Google, and T-Mobile Cell Tower Records, nor was the transcript restriction ever ordered. Again Thygesen has submitted a great number of new exhibits as evidence, I am not sure what he is trying to get at by falsely accusing me of this.

I suggest the court review its previous decisions and transcripts in detail as it is too close to the hearing to be hashing out these arguments. What will or not be admitted will need to be emailed to the clerk as we go along.

Again, how is Thygesen making this argument when he included at least over 35 new exhibits that were not presented to Commissioner Ito? Clearly the court allowed discovery to obtain my records i.e., phone records, Google records is to decipher my location for this UCCJEA hearing, I’m not sure why those wouldn’t; be admissible since it's been over 2 years since Commissioner Ito heard that hearing, in which I was in custody

(5)

on $750,000 bond, and could not assist Grant Dickinson on properly litigating my case, and he totally flopped.

Remember the court clearly ordered the following on 08/27/20 “neither party shall file any pleading except for the trial brief for this evidentiary hearing.”

LEGAL STANDARD

"The doctrine of unclean hands expresses the principles that "a party [who] comes into equity for relief ... must show that his ... conduct has been fair, equitable, and honest as to the particular controversy in issue." Goggins v. Goggins, 2013 UT 16, ~ 16 (quoting 27A AM.mR.2DEquity § 98 (2012)). The Utah Supreme Court has "long recognized" this doctrine, noting that "he who seeks equity must do equity." Id. (quoting Hill v. Estate of Allred, 2009 UT 28, ~ 22). Similarly, the Utah Supreme Court has held that "[i]t is

inherent in the nature and purpose of equity that it will grant relief only when fairness and good conscience so demand," and that "equity. . . reserves its rewards for those who are themselves acting in fairness and good conscience, or as is sometimes said, to those who have come into court with clean hands." Id. (quoting Jacobson v. Jacobson, 557 P.2d 156, 158 (Utah 1976)).

Thygesen cannot ask for relief when he is introducing over 35 + new exhibits that was not introduced before Commissioner Ito and is improperly attempting to confuse the court by re-numbering the order of exhibits thus making it impossible for the court to match up what it previously ruled on the admissibility of exhibits at the two lengthy hearings held on 5/12/20, and 06/02/20. Thygesen in this case has not complied with the Court's orders with regard to their three different witness and exhibit list equity and fairness would require the Court to impose the same restrictions against Thygesen.

It is also improper where Thygesen’s attorneys are attempting to vacate this hearing by allowing a phone call between the court and the California court to dissuade

(6)

6 and influence this court’s decision, when Thygesen’s own Utah attorneys suggested this evidentiary hearing is necessary pursuant to the

Meyeres v. Meyeres, 196 P.3d 604 (Utah Ct. App. 2008) Concluding that Utah trial court was not required to accept Kansas's assertion of jurisdiction over the initial custody determination when mother had beaten father to courthouse in Kansas, but when Utah was the home state, because UCCJEA required Utah trial court to determine whether Kansas's exercise of jurisdiction was proper

Stichting Mayflower v. Jordanelle S. S.D, 47 P.3d 86, 90-91 (Utah Ct. App. 2001) (“Judicial estoppel is a court created doctrine that "focuses on the relationship between [a]

litigant and the judicial system." 28 Am. Jur.2d Estoppel and Waiver § 35 (2000). "This doctrine prevents parties from `playing "fast and loose" with the court or blowing "hot and cold" during the course of litigation.'" Roxas v. Marcos, 969 P.2d 1209, 1242 (Haw. 1998) (citation omitted). Further, judicial estoppel "seeks to prevent a litigant from asserting a position [that is] inconsistent, conflicts with, or is contrary to one that [he or] she has previously asserted in the same or in a previous proceeding." 28 Am. Jur.2d Estoppel and Waiver § 74; see also Salt Lake City v. Silver Fork Pipeline Corp., 913 P.2d 731, 734 (Utah 1996) ("`[A] person may not, to the prejudice of another person deny any position taken in a prior judicial proceeding between the same person . . . involving the same subject-matter, if such prior position was successfully maintained.'" (Citation omitted.)).”)

Respectfully Submitted, Date: November 4, 2021

KAILIN WANG IN PRO PER

CERTIFICATE OF SERVICE

I hereby certify that on November 4, 2021, I caused the foregoing to

be electronically filed with the clerk of the above court, I also emailed said filing to the following

/s/ Kailin Wang

(7)
(8)

Law Enforcement Relations 4 Sylvan Way, Parsippany, N.J. 07054

Phone: (973) 292-8911 Fax: (973) 292-8697 August 06, 2020

_______________________________________________________________________________________________________________________________________________________________________________________

T-Mobile / MetroPCS Tracking ID: 2847939

I, Deisi Franco, attest, under penalty of perjury under the laws of the United States of America pursuant to 28 U.S.C. Section 1746, that the information contained in this declaration is true and correct. I am a United States citizen and am over eighteen years of age.

I am employed by T-Mobile US, Inc. (hereinafter, "the Company") as a custodian of records and therefore am qualified as a result of my position to make this declaration. My official title is Custodian of Records.

I certify that all of the records described below and attached hereto are duplicates of the original and are true and complete copies of records maintained by the Company. Said records consist of several electronic files produced in T-Mobile US, Inc. Case No.2847939 in response to a lawful request issued to the company.

Description of records:

I further state that:

A) Such records were made at or near the time of the occurrence of the matters set forth by (or from information transmitted by) a person with knowledge of those matters;

B) Such records were kept in the course of regularly conducted business activity;

C) The business activity made such records as a regular practice; and D) If such record is not the original, such record is a duplicate of the original.

This certification is intended to satisfy Rules 803(6), 902(11), 902(13) and / or 902(14) of the Federal Rules of Evidence and / or any state equivalents.

I hereby certify that the foregoing statement made by me is true. I understand that if any of the statements made by me herein are willfully false, I am subject to punishment.

MSISDN/Identifier Start Date End Date Requested Item

9174324181 08/06/2018 12/31/2019 Call Details With Cell Sites

9174324181 02/01/2018 12/31/2019 Subscriber Info

9179573166 02/01/2018 12/31/2019 Subscriber Info

9179573166 08/06/2018 12/31/2019 Call Details With Cell Sites

Sincerely

Law Enforcement Relations Group

(9)

Interpreting Call Detail Records

Your response includes Call Detail Records (CDR) either with or without location. Our query results in an Excel file with multiple columns. This is a combined report of calls and messages. Each row represents one call on the T-Mobile network. Some fields only appear in reports with location information. T-Mobile does not retain the content of text messages.

Calls made while roaming also do not appear on this report.

As of February 2020, T-Mobile retains the metadata for certain types of 4G/LTE based text messages (SMSc and RCS) for only 22 months. If your records contain detail older than 22 months from the date of production, these messages may not be represented.

T-Mobile still retains details of all network originated voice transactions for 24 months.

Entries with outgoing calls to 8056377249 indicate incoming calls that are forwarded (out) to the voicemail system. Entries with outgoing calls to 8056377243 = 805-MESSAGE indicate voicemail retrieval.

Please remember that T-Mobile CDR systems natively use Coordinated Universal Time (UTC). By default, that means a day of call detail records are taken from 00:00:01 to 23:59:59 UTC which may differ from your intended time range due to your time zone. If specific times other than our default are important to your inquiry, please submit legal demands with the date range/time frame adjusted for UTC to avoid delay or confusion. We are unable to convert the time displayed in the records to the local time of the handset.

The columns present on your CDR may be:

COLUMN NAME DESCRIPTION LOCATION

RPT ONLY? NOTES

Date Date format mm/dd/yyyy NO

(UTC) Time 24 hour time format - hh:mm:ss in UTC NO In UTC time

Duration Duration in seconds NO

Call Type Type of call: callForwarding = Forwarded Call; mSOriginating = Outgoing Voice Call; mSTerminating = Incoming Voice; mSOriginatingSMSinMSC = Outgoing SMS; mSTerminatingSMSinMSC = Incoming SMS; moc=Mobile Originating Call; mtc= Mobile Terminating Call; SMSc = text message;

RCS-IMChat = rich content message, multimedia and text

NO Cell Site location is not available for Call Types SMSc and RCS-IMChat

For SMSc messaging, T-Mobile provides record of any activity between the requested target number and any other customers utilizing the T-Mobile network for the time and date range requested regardless if the target number currently is/was assigned to T-Mobile or a T- Mobile wholesale partner.

Direction Outgoing or Incoming to the target telephone number NO

Calling Number Phone number that initiated the call NO

Dialed Number Dialed digits NO

Called Number Phone number that received the call NO

Destination Number The final destination number to which the network has connected the call (might be different from the one dialed by subscriber if network translation was applied)

NO

IMSI International Mobile Subscriber Identity of the target number, if present NO IMEI International Mobile Equipment Identity of the target number, if present NO Completion Code Completed successfully or Abnormal Completion (network interruption).

Abnormal completion calls display on this report but may or may not show on a customer's bill.

NO

(10)

Service Code 11 Calling line identification presentation 12 Calling line identification restriction 13 Connected Line ID Presentation 20 All Call Forwarding Services 21 Call Forwarding Unconditional (CFU) 28 All Cond Call Forwarding Services

29 Call Forwarding on Mobile Subscriber Busy (CFB) 2A Call Forwarding on No Reply (CFNRy)

2B Call Forwarding on Not Reachable (CFNRc) 31 Explicit Call Transfer (ECT)

42 Call Hold 41 Call waiting 51 Multi-Party (MPTY)

NO

Switch Name Name of the switch which was used to deliver the call to the target

number. NO This is NOT an indication of the

location of the device.

1st LTE Site ID EnodeBid value in decimal YES Only present if the call was over LTE

1st LTE Sector ID ID of the first sector used if the site is an LTE site YES Only present if the call was over LTE

1st LAC 1st LAC value in decimal YES Not present if the call was over LTE

1st Cell ID 1st Cell Site ID value in decimal YES Not present if the call was over LTE

1st Tower Azimuth Location: Azimuth orientation of antenna serving user if available (see

note below) YES

1st Tower LAT Latitude of 1st cell tower used. YES

1st Tower LONG Longitude of 1st cell tower used. YES

1st Tower Address Street Address of the 1st serving tower if available YES

1st Tower City City of the 1st serving tower if available YES

1st Tower State State of the 1st serving tower if available YES

1st Tower Zip ZIP of the 1st serving tower if available YES

Last LTE Site ID EnodeBid value in decimal YES Only present if the call was over LTE

Last LTE Sector ID ID of the last sector used if the site is an LTE site YES Only present if the call was over LTE

Last LAC ID Last LAC value in decimal YES Not present if the call was over LTE

Last Cell ID Last Cell Site ID value in decimal YES Not present if the call was over LTE

Last Tower Azimuth Azimuth orientation of antenna serving user if available (see note below) YES

Last Tower LAT Latitude of last cell tower used. YES

Last Tower LONG Longitude of last cell tower used. YES

Last Tower Address Street Address of the last serving tower if available YES

Last Tower City City of the last serving tower if available YES

Last Tower State State of the last serving tower if available YES

Last Tower Zip ZIP of the last serving tower if available YES

A NOTE ON AZIMUTH: The azimuth listed is the center compass degree facing of the identified sector of the tower. Generally, the coverage of a tower is circular and divided in three equal pieces (each 120 degrees wide). Due north is 0, due south is 180. However, not every tower is aligned with the first sector starting at 0. Using the listed azimuth, rough direction from the tower can be

calculated for a call. The center degree of the sector’s facing is indicated in this field. For example, if a facing has a listed orientation of 90, the center of the coverage is pointed at 90 degrees but the sector will cover traffic from roughly 60 degrees on either side (thus 30 to 150 degrees in this example).

For more information on UTC, please visit: http://www.timeanddate.com/time/aboututc.html. To convert records to your local time, you will need to use a converter such as http://www.worldtimeserver.com/convert_time_in_UTC.aspx.

(11)

11 2 2 3 3 4 4 55 6 6 7 7 8 8 9 9 1010 11 11 1212

13 13

14 14

15 15

16 16

1717

A

A BB CC DD EE FF II KK LL VV WW XX

Information Provided To:

Agency: Customer CA =COUNTIF($X$13:$X$4337,W3)

Requestor: KAILIN WANG CO =COUNTIF($X$13:$X$4337,W4)

Agent Address: 2481 FAIRWAY DRIVE FL =COUNTIF($X$13:$X$4337,W5)

Billing City, State, Zip: SPANISH FORK, UT 84660-0000 NJ =COUNTIF($X$13:$X$4337,W6)

Provided On: August 06, 2020 NV =COUNTIF($X$13:$X$4337,W7)

NY =COUNTIF($X$13:$X$4337,W8) UT =COUNTIF($X$13:$X$4337,W9) SMS =COUNTBLANK($X$13:$X$4337) TOTAL =SUM(X3:X10)

Date Time Dura

tion

Call Type Directi on

Calling Number

Destination Number

IMEI Completion Code

1st Tower Address

1st Tower City 1st Tower State

43318.6320601852 43318.632060185228

callForwarding Outgoin g

8017949684 18056377249

Completed Successfully

43318.6394560185 43318.6394560185266

moc Outgoin

g

19174324181 18015876480 359202072127660 Completed Successfully

2500 E.

Canyon Rd.

Spanish Fork UT

43318.6427662037 43318.6427662037

moc Outgoin

g

19174324181 18442383091 359202072127660 Abnormal Completion

2500 E.

Canyon Rd.

Spanish Fork UT

43318.6429166667 43318.6429166667341

moc Outgoin

g

19174324181 18442383091 359202072127660 Completed Successfully

2500 E.

Canyon Rd.

Spanish Fork UT

43318.6548842593 43318.6548842593895

moc Outgoin

g

19174324181 18442383091 359202072127660 Completed Successfully

2500 E.

Canyon Rd.

Spanish Fork UT

This is in response to the Court Order, 194400718, dated June 04, 2020, which was served upon T- Mobile US, Inc. You have requested information for the subscriber associated with MSISDN:

(12)

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 1 of 170

Information Provided To:

Agency: Customer CA 181

Requestor: KAILIN WANG CO 1

Agent Address: 2481 FAIRWAY DRIVE FL 11

Billing City, State, Zip: SPANISH FORK, UT 84660-0000 NJ 20

Provided On: August 06, 2020 NV 24

NY 595

UT 1532

SMS 1961

TOTAL 4325

Date Time Duration Call Type

Direction Calling Number Destination Number

IMEI Completion Code

1st Tower Address 1st Tower City 1st Tower State 1st Tower Zip 08/06/2018 15:10:10 28 callForwa

rding

Outgoing 8017949684 18056377249 Completed

Successfully

08/06/2018 15:20:49 266 moc Outgoing 19174324181 18015876480 359202072127660 Completed

Successfully

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 15:25:35 moc Outgoing 19174324181 18442383091 359202072127660 Abnormal

Completion

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 15:25:48 341 moc Outgoing 19174324181 18442383091 359202072127660 Completed

Successfully

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 15:43:02 895 moc Outgoing 19174324181 18442383091 359202072127660 Completed

Successfully

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 15:58:53 moc Outgoing 19174324181 8008456167 359202072127660 Abnormal

Completion

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 15:58:58 moc Outgoing 19174324181 8008456167 359202072127660 Abnormal

Completion

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 15:59:05 moc Outgoing 19174324181 8008456167 359202072127660 Abnormal

Completion

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 15:59:24 725 moc Outgoing 19174324181 18008456167 359202072127660 Completed

Successfully

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 16:11:54 296 moc Outgoing 19174324181 18017434700 359202072127660 Completed

Successfully

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 16:23:04 69 moc Outgoing 19174324181 18017949684 359202072127660 Completed

Successfully

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 17:04:33 61 mtc Incoming 14159265273 19174324181 359202072127660 Completed

Successfully

2500 E. Canyon Rd. Spanish Fork UT 84660

08/06/2018 17:04:35 61 moc Outgoing 14159265273 19174009999 359202072127660 Completed

Successfully

2500 E. Canyon Rd. Spanish Fork UT 84660

08/07/2018 00:33:57 20 moc Outgoing 19174324181 18777193770 359202072127660 Completed

Successfully

2500 E. Canyon Rd. Spanish Fork UT 84660

08/07/2018 15:42:01 mtc Incoming 19177895047 19174324181 359202072127660 Abnormal

Completion

2500 E. Canyon Rd. Spanish Fork UT 84660

08/07/2018 16:46:08 12 mtc Incoming 18017879755 19174324181 359202072127660 Completed

Successfully

1110 S. Geneva Road Orem UT 84601

08/07/2018 18:05:18 moc Outgoing 19174324181 19177895047 359202072127660 Abnormal

Completion

364 W 6100 S Salt Lake City UT 84107

08/07/2018 19:22:35 905 moc Outgoing 19174324181 18442383091 359202072127660 Completed

Successfully

64 East 6400 South Salt Lake City UT 84107

This is in response to the Court Order, 194400718, dated June 04, 2020, which was served upon T-Mobile US, Inc. You have requested information for the subscriber associated with MSISDN: 9174324181. All times below are reflected in

(13)
(14)

MITCHELL J. OLSEN Utah State Bar No. 13826 BEAU J. OLSEN

Utah State Bar No. 15213 OLSEN & OLSEN, L.L.C.

Attorneys for Respondent 8142 South State Street Midvale, Utah 84047 Telephone: (801) 255-7176 beau@olsenfamilylaw.net

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN AND FOR UTAH COUNTY, STATE OF UTAH

KAILIN WANG,

Petitioner, vs.

CHRISTOFFERTHYGESEN Respondent.

RESPONDENT’S WITNESS AND EXHIBIT LISTS

Civil No. 194400718 Judge Thomas Low Commissioner Marian Ito

COME NOW Respondent, by and through counsel, Mitchell J. Olsen, Jr., and hereby respectfully submits the following list of witnesses and exhibits that may be used at the evidentiary scheduled for March 23-24, 2020, before the Honorable Judge Low:

PROPOSED WITNESS LIST

Respondent, Christoffer Thygesen Respondent may be reached through his counsel Mitchell J. Olsen Jr.

EXPECT TO CALL. It is expected that Mr.

Thygessen will testify as to his relationship with Petitioner prior to the birth of the minor child, his relationship with the Petitioner after the birth of the minor child, Petitioner’s actions towards Respondent and his family, Petitioner’s domestic violence towards

03/10/21

(15)

Petitioner, his care for the minor child since March of 2019, the activities of the minor child, the health of the minor child, and all other matters related to this case.

Petitioner, Kailin Wang

Ms. Wang may be contacted via email at kaywg2372@gmail.com

EXPECT TO CALL. It is expected that Ms.Wang will testify as to her whereabouts from October 2018 through March of 2019, her relationship with Respondent prior to the birth of the minor child, her repationship with the Respondent after the birth of the minor child, her actions towards Respondent, the minor child, and his family, her various filings in New York, California, and Utah, and all other matters related to this case.

Qizhong Wang

2841 Fairway Drive, Spanish Fork Utah 84660

MAY CALL: Mr. Wang may testify as to his interactions with Petitioner, Petitioner’s whereabouts during the time period of October 2018 through March of 2019, his knowledge of Petitioner’s mental health, and all other matters related to this case.

Yunjing Cheng

2841 Fairway Drive, Spanish Fork Utah 84660

MAY CALL: Ms. Cheng may testify as to her interactions with Petitioner, Petitioner’s whereabouts during the time period of October 2018 through March of 2019, her knowledge of Petitioner’s mental health, and all other matters related to this case.

Terry Thygesen

May be contacted through Respondent’s counsel, Mitchell J. Olsen Jr.

MAY CALL: Ms. Thygesen may testify as to the wellbeing of the child from March 2019 through present date, inconvenient forum factors, the activities of the minor child, the harassment that she has had from Petitioner in this case, and all other factors related to this case.

Allan Thygesen

May be contacted through Respondent’s counsel, Mitchell J. Olsen Jr.

MAY CALL: Mr. Thygesen may testify as to the wellbeing of the child from March 2019 through present date, inconvenient forum factors, the activities of the minor child, the harassment that he has had from Petitioner in this case, and all other factors related to this case

Unified Constable Service

3450 North Triumph Blvd Ste 102, Lehi,

MAY CALL: May testify as to the service attempts made on Petitioner at her parent’s

(16)

Utah 84043 home in February and March of 2019.

Representative from Rally Family Visitation Services

900 Hyde Street, SF, CA 94109 415-353-6595

MAY CALL: May testify as to the supervised visits between Petitoiner and the minor child

Sergeant Martinez 1245 3rd Street

San Francisco, CA 94158 415-553-0123

MAY CALL: May testify as to the online postings and her investigation related to the behavior of Petitioner

Justin Paine (Director of Trust & Safety Cloudflare)

101 Townsend Street, San Francisco, CA 94107

1-888-993-5279

MAY CALL: May testify as to the IP addresses of various online postings

Respondent reserves the right to supplement this witness list at a later date when and if additional individuals are identified by the Respondent or are necessary to rebut witnesses called by Petitioner

EXHIBIT LIST

1 Notice of Concurrent Cases

2 Petitioner’s October 26, 2018 New York Application for ID Card.

3 November 26, 2018 Birth Certificate of Minor Child.

4 December 28, 2018 Email Stipulating to Litigate in San Francisco, California 5 December 28, 2018 Email Providing New York Address

6 December 29, 2018 Email of Darrick Chase Agreeing to San Francisco, California 7 January 4, 2019 Email Stating She is out of Country

8 February 1, 2019 Email Confirming DNA Test Taken in California 9 February 3, 2019 Email Claiming Income All from New Jersey 10 February 11, 2019 Paternity Results

11 February 15, 2019 Application for DVRO

(17)

12 February 15, 2019 DVRO California Order

13 February 19, 2019 Petitioner’s New York Declaration for Paternity 14 February 19, 2019 New York Petition for Protective Order

15 March 4, 2019 Supplemntal DVRO Declaration 16 March 5, 2019 New York Family Offense Petition 17 March 6, 2019 California DVRO Order

18 March 6, 2019 California Hearing Transcript 19 March 6, 2019 Suicide/Murder Post

20 March 8, 2019 Petitioner New York Declaration for Protective Order 21 March 8, 2019 Signed New York Protective Order

22 March 12, 2019 Minute Entry from Judge Smith Utah Juvenile Court 23 March 12, 2019 Southwest Confirmation

24 March 13, 2019 Petitioner New York ID Card 25 March 15, 2019 Utah Paternity Petition 26 March 15, 2019 Affidavit of John Wang

27 March 18, 2019 Minute Entry from Judge Smith Utah Juvenile Court 28 March 18, 2019 Utah Protective Order Request

29 March 26, 2019 Dismissal of New York Cases

30 March 26, 2018 Emails and Attachments to Jason Sant from Petitioner 31 March 30 through April 5th Police Reports

32 April 9, 2019 Cloudflare Declaration of March 6, 2019 Post Coming from East Coast 33 April 11, 2019 Signed Order by Judge Smith

34 April 25, 2019 Amended Birth Certificate 35 May 15, 2019 Declaration of Sergeant Martinez 36 May 17, 2019 California Order Extending TRO 37 May 30, 2019 California Child Support Order 38 June 3, 2019 Utah Paternity Order

(18)

39 June 3, 2019 Utah Order Denying Protective Order Request 40 June 25, 2019 California Order

41 June 25, 2019 California Order Transcript 42 September 2019 Deposition

43 September 12, 2019 California Order Modifying Supervision Order 44 September 19, 2019 DCFS/GRAMA Report

45 September 2019 Social Security Results 46 October 2019 Criminal Complaint

47 October 11, 2019 California Order Allowing Maternal Grandparents to Attend Visitation

48 October 22, 2019 California Order Continuing Trial 49 October 23, 2019 California Criminal Protective Order 50 November 15, 2019 Order Grantimg Motion to Dismiss 51 December 19, 2019 California Order

52 December 19, 2019 Hearing Transcript 53 Text Messages of Parties

54 Social Media Posts Log

55 Direct Contacts of Petitioner to Respondent Family and Friends 56 Petitioner Criminal Docket

57 Declaration of Rory Will

58 Declaration of Maternal Grandparents 59 Social Media Posts

60 Summary of California Hearings

Respondent reserves the right to supplement this exhibit list at a later date when and if additional witnesses and/or exhibits are identified by the Respondent or are necessary to rebut exhibits used by the Petitioner

(19)

DATED this 10th day of March 2020.

OLSEN & OLSEN, Attorneys at Law, LLC Mitchell J. Olsen Jr.

MITCHELL J. OLSEN JR Attorney for Respondent

CERTIFICATE OF SERVICE

I hereby certify that on March 10, 2020, the foregoing PETITIONER’S WITNESS AND EXHIBIT LISTS and Exhibits were sent, via email, to the following:

Kailin Wang Petitioner

kaywg2372@gmail.com

/s/ Kristal Stephensen

(20)

EXHIBIT THREE (3)

(21)

MITCHELL J. OLSEN Utah State Bar No. 13826 BEAU J. OLSEN

Utah State Bar No. 15213 OLSEN & OLSEN, L.L.C.

Attorneys for Respondent 8142 South State Street Midvale, Utah 84047 Telephone: (801) 255-7176 beau@olsenfamilylaw.net

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN AND FOR UTAH COUNTY, STATE OF UTAH

KAILIN WANG,

Petitioner, vs.

CHRISTOFFERTHYGESEN Respondent.

RESPONDENT’S WITNESS AND EXHIBIT LISTS

Civil No. 194400718 Judge Thomas Low Commissioner Marian Ito

COME NOW Respondent, by and through counsel, Mitchell J. Olsen, Jr., and hereby respectfully submits the following list of witnesses and exhibits that may be used at the evidentiary scheduled for March 11-12, 2021, before the Honorable Judge Low:

PROPOSED WITNESS LIST Respondent, Christoffer Thygesen.

Respondent may be reached through his counsel Mitchell J. Olsen Jr.

EXPECT TO CALL. It is expected that Mr.

Thygesen will testify as to his relationship with Petitioner prior to the birth of the minor child, his relationship with the Petitioner after the birth of the minor child, Petitioner’s actions towards Respondent and his family, Petitioner’s domestic violence towards

Respondent, his care for the minor child since March of 2019, the activities of the minor

02/10/20

(22)

child, the health of the minor child, the relationships of the minor child, and all other matters related to this case.

Petitioner, Kalin Wang

Ms. Wang may be contacted via email at Kaywg2372@gmail.com

EXPECT TO CALL. It is expected that Ms.

Wang will testify as to her whereabouts from October 2018 through March of 2019, her relationship with Respondent prior to the birth of the minor child, her relationship with Respondent after the birth of the minor child, her actions towards Respondent, the minor child, and Respondent’s family, her various filings in New York, California, and Utah, her visitation with the child, and all other matters related to this case.

Qizhong Wang

2841 Fairway Drive, Spanish Fork, Utah 84660

MAY CALL: Mr. Wang may testify as to his interactions with Petitioner, Petitioner’s whereabouts during the time period of October 2018 through March of 2019, his knowledge of Petitioner’s mental health, and all other matters related to this case.

Yunjing Cheng

2841 Fairway Drive, Spanish Fork, Utah 84660

MAY CALL: Ms. Cheng may testify as to her interactions with Petitioner, Petitioner’s whereabouts during the time period of October of 2018 through march of 2019, her knowledge of Petitioner’s mental health, and all other matters related to this case.

Terry Thygesen

May be contacted through Respondent’s counsel, Mitchell J. Olsen Jr.

MAY CALL: Ms. Thygesen may testify as to the wellbeing of the child form March 2019 through present date, inconvenient forum factors, the activities of the minor child, the harassment that she has had from Petitioner, and all other factors related to this case.

Allan Thygesen

May be contacted through Respondent’s counsel, Mitchell J. Olsen Jr.

MAY CALL: Mr. Thygesen may testify as to the wellbeing of the child from March 2019 through present date, inconvenient forum factors, the activities of the minor child, the harassment that he has had from Petitioner, and all other factors related to this case.

Unified Constable Service

3450 North Triumph Blvd. Ste. 102 Lehi, Utah 84043

MAY CALL: May testify as to the service attempts made on Petitioner at her parent’s home in February and March of 2019.

Representative from Rally Family Visitation Services

900 Hyde Street, SF, CA 94109

MAY CALL: May testify as to the supervised visits between Petitioner and the minor child.

(23)

415-353-6595 Sergeant Martinez

1245 3rd Street, SF, CA 94158 415-553-0123

MAY CALL: May testify as to the online postings and her investigation related to the criminal actions of Petitioner.

Justin Pain (Director of Trust & Safety Cloudflare)

101 Townsend Street, SF, CA 94107 1-888-993-5279

MAY CALL: May testify as to the IP addresses of various online postings.

Utah Family Academy

811 North University Ave, Provo, Utah 84604 801-377-5050

MAY CALL: May testify as to the supervised visits between Petitioner and the minor child.

EXHIBIT LIST 1 Notice of Concurrent Cases

2 Petitioner’s October 26, 2018 New York Application for ID Card.

3 November 26, 2018 Birth Certificate of Minor Child.

4 December 28, 2018 Email Stipulating to Litigate in San Francisco, California.

5 December 28, 2018 Email Providing New York Address

6 December 29, 2018 Email of Darrick Chase Agreeing to San Francisco, California 7 January 4, 2019 Email Stating She is out of Country

8 February 1, 2019 Email Confirming DNA Test Taken in California 9 February 3, 2019 Email Claiming Income All from New Jersey.

10 February 11, 2019 Paternity Results

11 February 15, 2019 Resp. Application for DVRO 12 February 15, 2019 DVRO California Order

13 February 19, 2019 Petitioner’s New York Declaration for Paternity 14 February 19, 2019 New York Petition for Protective Order

15 March 4, 2019 Supplemental DVRO Declaration 16 March 5, 2019 New York Family Offense Petition 17 March 6, 2019 California DVRO Order

18 March 6, 2019 California Hearing Transcript

(24)

19 March 6, 2019 Suicide/Murder Post

20 March 8, 2019 Petitioner New York Declaration for Protective Order 21 March 8, 2019 Signed New York Protective Order

22 March 12, 2019 Minute Entry from Judge Smith Utah Juvenile Court 23 March 12, 2019 Southwest Confirmation

24 March 13, 2019 Petitioner New York ID Card 25 March 15, 2019 Utah Paternity Petition 26 March 15, 2019 Affidavit of John Wang

27 March 18, 2019 Minute Entry from Judge Smith Utah Juvenile Court 28 March 18, 2019 Utah Protective Order Request

29 March 26, 2019 Dismissal of New York Cases

30 March 26, 2018 Emails and Attachments to Jason Sant from Petitioner 31 March 30 through April 5th Police Reports

32 April 9, 2019 Cloudflare Declaration of March 6, 2019 Post Coming from East Coast 33 April 11, 2019 Signed Order by Judge Smith

34 April 25, 2019 Amended Birth Certificate 35 May 15, 2019 Declaration of Sergeant Martinez 36 May 17, 2019 California Order Extending TRO 37 May 30, 2019 California Child Support Order 38 June 3, 2019 Utah Paternity Order

39 June 3, 2019 Utah Order Denying Protective Order Request 40 June 25, 2019 California Order

41 June 25, 2019 California Order Transcript 42 September 2019 Deposition

43 September 12, 2019 California Order Modifying Supervision Order 44 September 19, 2019 DCFS/GRAMA Report

45 September 2019 Social Security Results

(25)

46 October 2019 Criminal Complaint

47 October 11, 2019 California Order Allowing Maternal Grandparents to Attend Visitation

48 October 22, 2019 California Order Continuing Trial 49 October 23, 2019 California Criminal Protective Order 50 November 15, 2019 Order Granting Motion to Dismiss 51 December 19, 2019 California Order

52 December 19, 2019 Hearing Transcript 53 Text Messages of Parties

54 Social Media Posts Log

55 Direct Contacts of Petitioner to Respondent Family and Friends 56 Petitioner Criminal Docket

57 Declaration of Rory Will

58 Declaration of Maternal Grandparents 59 Social Media Posts

60 Summary of California Hearings

SUPPLEMENTAL CALIFORNIA EXHIBITS A Additional Summary of California Orders and Hearings

B March 6, 2019 Order Finding Ms. Wang to Deliberately Be Avoiding Service C April 5, 2019 Ms. Wang Response to DVRO

D June 25, 2019 Order

E July 18, 2019 Ms. Wangs Motion for Temporary Orders

F July 19, 2019 Minute Order Denying Ms. Wang Request for Additional Parent Time G September 12, 2019 Ms., Wang Visitation Request

H September 12, 2019 Ms., Wang Visitation Request (additional Documents)

(26)

I September 12, 2019 Order Modifying Parent-time order to twice per month for a maximum of three hours.

J September 20,2019 Ms. Wang Request for Emergency Temporary Orders and Visitation

K September 20, 2019 Order Denying Ms. Wang’s Request for Emergency Orders L Stipulation to Cancel November 18, 2019 Hearing

M September 30, 2019 Ms. Wang’s Updated Declaration for Emergency Orders N October 11, 2019 Order granting Ms. Wang’s parents to attend visitation

O October 22, 2019 Order Continuing October 2019 Trial and reissuing March 6, 2019 Order

P November 7, 2019 Order continuing November 7 and December 2, 2019 Hearing and reissuing March 6, 2019 Order

Q January 30, 2020 Order Staying Proceedings

R April 8, 2020 Request to Register Utah Juvenile Order S August 27, 2020 Hearing Order

T May 12, 2020 Minute Order Denying Request to Register Order U July 6, 2020 Ms. Wang Aff for Contempt

V July 15, 2020 Denying majority of Ms. Wang’s Order to Show Cause Request W January 15, 2021 Ms. Wang Voluntary Dismissal of OSC

X August 24, 2020 Ms. Wang Request for Custody Orders Y August 24,2020 Order Denying Request for Custody Orders Z August 26, 2020 Ms. Wang Request for Custody Orders AA November 3, 2020 Criminal Order

BB October 14, 2020 Ms. Wang Request for Temporary Orders

CC December 23, 2020 Order Continuing Hearing Until April 22, 2021 DD December 16, 2020 Order Verifying Custody and TRO

EE January 5, 2021 Ms. Wang’s Notice of Appeal of Vexatious Litigant Ruling

(27)

Respondent reserves the right to supplement this exhibit list at a later date when and if additional witnesses and/or exhibits are identified by the Respondent or are necessary to rebut exhibits used by the Petitioner. Respondent further reserves to supplement this exhibit and witness list as it is likely that the hearing will be continued, although no order has been signed by Judge Low yet. Furthermore, Respondent reserves the rights to call any witness listed by

Petitioner.

DATED this 10th day of February 2021.

OLSEN & OLSEN, Attorneys at Law, LLC Mitchell J. Olsen Jr.

MITCHELL J. OLSEN JR Attorney for Respondent

CERTIFICATE OF SERVICE

I hereby certify that on February 10, 2021, the foregoing PETITIONER’S WITNESS AND EXHIBIT LISTS and Exhibits were sent, via email, to the following:

Kailin Wang Petitioner

kaywg2372@gmail.com

/s/ Beau Olsen

(28)

EXHIBIT FOUR (4)

(29)

MITCHELL J. OLSEN Utah State Bar No. 13826 BEAU J. OLSEN

Utah State Bar No. 15213 OLSEN & OLSEN, L.L.C.

Attorneys for Respondent 8142 South State Street Midvale, Utah 84047 Telephone: (801) 255-7176 beau@olsenfamilylaw.net

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN AND FOR UTAH COUNTY, STATE OF UTAH

KAILIN WANG,

Petitioner, vs.

CHRISTOFFERTHYGESEN Respondent.

RESPONDENT’S WITNESS AND EXHIBIT LISTS

Civil No. 194400718 Judge Thomas Low Commissioner Marian Ito

COME NOW Respondent, by and through counsel, Mitchell J. Olsen, Jr., and hereby respectfully submits the following list of witnesses and exhibits that may be used at the evidentiary scheduled for November 15-16, 2021, before the Honorable Judge Low:

PROPOSED WITNESS LIST Respondent, Christoffer Thygesen.

Respondent may be reached through his counsel Mitchell J. Olsen Jr.

EXPECT TO CALL. It is expected that Mr.

Thygesen will testify as to his relationship with Petitioner prior to the birth of the minor child, his relationship with the Petitioner after the birth of the minor child, Petitioner’s actions towards Respondent and his family, Petitioner’s domestic violence towards Respondent and his family, his care for the minor child since March of 2019, the

10/18/21

(30)

activities of the minor child, the health of the minor child, the relationships of the minor child, and all other matters related to this case.

Petitioner, Kalin Wang

Ms. Wang may be contacted via email at Kaywg2372@gmail.com

EXPECT TO CALL. It is expected that Ms.

Wang will testify as to her whereabouts from October 2018 through March of 2019, her relationship with Respondent prior to the birth of the minor child, her relationship with Respondent after the birth of the minor child, her actions towards Respondent, the minor child, and Respondent’s family, her various filings in New York, California, and Utah, her visitation with the child, and all other matters related to this case.

Qizhong Wang

2841 Fairway Drive, Spanish Fork, Utah 84660

MAY CALL: Mr. Wang may testify as to his interactions with Petitioner, Petitioner’s whereabouts during the time period of October 2018 through March of 2019, his knowledge of Petitioner’s mental health, and all other matters related to this case.

Yunjing Cheng

2841 Fairway Drive, Spanish Fork, Utah 84660

MAY CALL: Ms. Cheng may testify as to her interactions with Petitioner, Petitioner’s whereabouts during the time period of October of 2018 through march of 2019, her knowledge of Petitioner’s mental health, and all other matters related to this case.

Terry Thygesen

May be contacted through Respondent’s counsel, Mitchell J. Olsen Jr.

MAY CALL: Ms. Thygesen may testify as to the wellbeing of the child form March 2019 through present date, inconvenient forum factors, the activities of the minor child, the harassment that she has had from Petitioner, and all other factors related to this case.

Allan Thygesen

May be contacted through Respondent’s counsel, Mitchell J. Olsen Jr.

MAY CALL: Mr. Thygesen may testify as to the wellbeing of the child from March 2019 through present date, inconvenient forum factors, the activities of the minor child, the harassment that he has had from Petitioner, and all other factors related to this case.

Unified Constable Service

3450 North Triumph Blvd. Ste. 102 Lehi, Utah 84043

MAY CALL: May testify as to the service attempts made on Petitioner at her parent’s home in February and March of 2019.

Representative from Rally Family Visitation Services

MAY CALL: May testify as to the supervised visits between Petitioner and the minor child.

Figure

Updating...