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Maricopa County Superior Court Case CV2008-000971

Case Header

Maricopa County Superior Court Case CV2008-000971: public docket details, parties, minute entries, documents, and official source links for Desert Mountain Master Association, The.

Case Number
CV2008-000971
County
Maricopa
Caption
Not captured
Filed
1/11/2008
Case Type
Civil
Judge
Z Unassigned, Z Unassigned
Location
Downtown
Official Court Record
Official Court Record

Parties

No parties captured.

Minute Entries

04/03/2008 — CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 04/03/2008 HONORABLE KRISTIN HOFFMAN View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/07/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
04/03/2008
Docket Code 079
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
RICHARD PALLAN, et al.
JOEL E SANNES
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
RICK ENGINEERING COMPANY INC
DENNIS STRYKER
5620 FRIARS RD
SAN DIEGO CA 92110-2596
JONATHAN D SCHNEIDER
JOHN R JEFFERIES
JENNIFER KULPILLAS
EKMARK & EKMARK LLC
6720 N SCOTTSDALE RD STE 261
SCOTTSDALE AZ 85253
PARTIAL CASE DISMISSAL WITHOUT PREJUDICE
A Rule 41(A) Notice of Partial Dismissal Without Prejudice having been presented to the
Court; and good cause appearing,
IT IS ORDERED voluntarily dismissing from the above-captioned matter the following
Defendants: Norman Jacobs, Allen Smith, Wayne Safka, Henry Frigon, Clunet Lewis, Rick
Harrington, James Dellaripa, Richard Jannsen, Kelley Lalbarbera, Robert Jones, Desert
Mountain Properties Limited Partnership, and Rick Engineering Company, Inc. The dismissal is
without prejudice.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
04/03/2008
Docket Code 079
Form V000A
Page 2
DISPOSITION:
Pursuant to Rule 41(a), ARCP, the partial dismissal is effective without court order.

04/07/2009 — CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 04/07/2009 HONORABLE J. KENNETH MANGUM View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/09/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
04/07/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
RICHARD PALLAN, et al.
JOEL E SANNES
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
JONATHAN D SCHNEIDER
BENJAMIN L HODGSON
JOHN R JEFFERIES
DALE W ROBINSON
MINUTE ENTRY
The Court has reviewed Plaintiff’s Motion to Compel, the Response and the Reply.
Good cause appearing,
IT IS ORDERED denying Plaintiff’s Motion to Compel. Given the uncertainty that any
relevant material exists (or material that may lead to the discovery of relevant material) and
given the costs involved (compensated and uncompensated time), the Court concludes that the
broad requests are not to be enforced.
IT IS FURTHER ORDERED denying the several requests for the awarding of attorneys’
fees and costs.

05/28/2008 — CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 05/28/2008 HONORABLE KRISTIN HOFFMAN View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/30/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
05/28/2008
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KRISTIN HOFFMAN
D. Glab
Deputy
RICHARD PALLAN, et al.
JOEL E SANNES
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
JONATHAN D SCHNEIDER
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument on Defendant DMMA’s Motion to Dismiss for
July 2, 2008, at 9:15 a.m. Time allotted: 15 minutes.
NOTE: Effective June 19, 2008:
Judge J. Kenneth Mangum will be handling Judge Kristin C. Hoffman’s Civil Calendar.
HON. J. KENNETH MANGUM
EAST COURT BUILDING
101 WEST JEFFERSON, SUITE 514
PHOENIX, AZ 85003-2202
TELEPHONE NUMBER: 602 506-4567
IT IS FURTHER ORDERED as follows:
Oral argument shall not exceed five minutes for each side. If extended oral argument is
necessary, counsel must so advise the Court no later than four court days prior to the date set for
hearing so that oral argument can be rescheduled.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
05/28/2008
Docket Code 094
Form V000A
Page 2
Any motion or stipulation for continuance must be filed with the Court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted except
for extraordinary circumstances.
Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Uniform Rules of Practice of the Superior Court, oral argument may be vacated and the
motion will be ruled upon in accordance with Rule 7.1 Ariz.R.Civ.P.

07/02/2008 — CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 07/02/2008 HONORABLE J. KENNETH MANGUM View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/07/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
07/02/2008
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
RICHARD PALLAN, et al.
JOEL E SANNES
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
JASON M KELLY
ORAL ARGUMENT HELD AND GRANTED
Courtroom 514 – East Court Building
9:34 a.m. This is the time set for oral argument on Defendant DMMA’s Motion to
Dismiss. Plaintiff is represented by counsel, Joseph J. Glenn and Joel E. Sannes. Defendant
Desert Mountain Master Association is represented by counsel, Jason M. Kelly.
Court Reporter, Kitty Lovejoy, is present. Also, a digital audio recording is being made
by the “For the Record” recording system.
Argument is held.
IT IS ORDERED granting the Motion to Dismiss with respect to Count I: Implied
Warranty.
Discussion is held.
9:47 a.m. Hearing concludes.

07/09/2009 — CV2008000971 34 L L C, S C 07/09/2009 HONORABLE ROBERT BUDOFF View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-052952
CV 2008-000971
07/09/2009
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT BUDOFF
L. Carlson
Deputy
HERBERT ANDERSON, et al.
CHAD ROBERT KAFFER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
JONATHAN D SCHNEIDER
P DOUGLAS FOLK
JOHN R JEFFERIES
JAN-GEORG ROESCH
MICHAEL FREEMAN TAMM
DENISE J WACHHOLZ
JOEL E SANNES
DALE W ROBINSON
LYNN M KRUPNIK
JUDGE MANGUM
RULE 16 SCHEDULING CONFERENCE SET
In light of the consolidation ordered by the Court this date by separate minute entry order,
IT IS ORDERED setting a Rule 16 Scheduling Conference pursuant to Rule 16(b), Rules of
Civil Procedure, in this division to establish a appropriate discovery/disclosure deadlines and other
further necessary proceedings on August 12, 2009, at 9:00 a.m. for one hour. (A conference was
already scheduled for this date in CV2007-052952)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-052952
CV 2008-000971
07/09/2009
Docket Code 041
Form V000A
Page 2
Plaintiffs Anderson and SC34, LLC, as well as Defendants, shall appear in person for the
scheduling conference.
Counsel shall advise the Court in a pleading filed no later than August 7, 2009, of their
recommendations for new scheduling orders and advise the Court as to any pending existing matters
that are in need of resolution.
If the parties fail to file a timely memorandum, sanctions may issue pursuant to Rule 16(f).
IT IS FURTHER ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b) A.R.C.P. Counsel shall prepare and file with the Court a Joint Pretrial Memorandum, and
prepare a proposed order for Discovery and Disclosure deadlines. The proposed order shall
include details and dates for the following items:
1. An agreed-upon schedule for completion of discovery. As far as can reasonably be
anticipated, each party shall set forth the depositions they anticipate taking and the approximate
time required for each; any and all medical examinations which may be required of any of the
parties; the person or persons to conduct such examinations; all requests for production; and all
tangible evidence to be disclosed or exchanged.
2. A date for the final disclosure of expert witnesses, and/or to supplement disclosures
made to date.
3. A date or dates for the final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.
4. The number of additional non-uniform interrogatories requested by each party and the
reasons for the requests. Further, counsel shall set forth any written discovery outstanding and a
date when it will be complete.
5. The position of each counsel on whether the Rule 38.1 A.R.C.P. time limits should be
waived.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-052952
CV 2008-000971
07/09/2009
Docket Code 041
Form V000A
Page 3
6. A proposed completion date for a Mandatory Settlement Conference pursuant to Rule
16.1 A.R.C.P. or for Mediation or Arbitration; and a Certificate of Compliance by counsel and
all parties of the provisions of Rule 16(g)(2) A.R.C.P.
7. Set forth any discovery disputes to date or Rule 26.1 compliance issues.
8. The position of each counsel on the medium and manner of recording a verbatim
record of future proceedings.
9. A date by which all dispositive or partially dispositive motions shall be filed.
10. A proposed trial date.
IF THE PARTIES AGREE AS TO THE DATES, THEY NEED ONLY PREPARE THE
PROPOSED ORDER AND INCORPORATE IT BY REFERENCE. If counsel are unable to
agree on any of the items of the Pretrial Statement, the reasons for their inability to agree shall be
set forth in the Pretrial Memorandum and each shall prepare a separate proposed order.
IT IS ORDERED that should any discovery disputes arise, prior to filing discovery
motions, counsel shall MEET AND CONFER FACE TO FACE. If counsel are not able to
resolve the dispute,
IT IS FURTHER ORDERED that any discovery motion must be accompanied by a Rule
37(2)(C) certification, to include that counsel have met face to face.
JOINT PRETRIAL MEMORANDUM AND PROPOSED ORDER
If the parties agree to the dates, they should prepare an Order in the form set forth below,
containing the provisions which are applicable to their case. For example, paragraph 1 of the
Order set forth below need not be included in the parties’ proposed Order if the parties intend to
disclose their experts’ identity and opinions at the same time they disclose their experts’ areas of
testimony. Similarly, if the parties agree to simultaneously disclose the identity and opinions of
their expert witnesses, they need not include in their proposed Order the language set forth in
paragraph 2a. and b., below.
The proposed Order shall include specific dates (“December 5, 2008” is a specific
date. “90 days prior to trial” is a date in reference to a trial date and is not a specific date).
Do not incorporate a firm trial date in the proposed Order.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-052952
CV 2008-000971
07/09/2009
Docket Code 041
Form V000A
Page 4
If counsel are unable to agree on any of the items that are to be included in the Order, the
reasons for their inability to agree shall be set forth in their Pretrial Memorandum and each shall
prepare a separate proposed Order.
The Court will review the Joint Pretrial Memorandum and proposed Scheduling Orders
prescribed herein. The Court may adopt or modify the discovery and disclosure schedule order and
set a scheduling conference for purposes of setting a trial date. If counsel believe that an additional
pretrial conference is still necessary at this stage of the litigation, they should address the reasons for
the need for a pretrial conference in the first paragraph of the Joint Pretrial Memorandum.
PROPOSED SCHEDULING ORDER LANGUAGE:
The Court having received the parties’ Joint Pretrial Conference Memorandum and
proposed Scheduling Order,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modification by the Court:
1.
Initial disclosures shall be exchanged by:_________________.
2.
The identities and subject areas of expert testimony shall be disclosed
by:_____________.
3.
Plaintiff’s final expert disclosures shall be served by:______________.
Defendant’s final expert disclosures shall be exchanged by:_________.
Rebuttal expert disclosures shall be exchanged by:_______________.
4.
Final non-expert disclosures shall be exchanged by:_____________.
5.
Written discovery requests shall be propounded by:____________________.
6.
Depositions shall be completed by:__________________.
7.
Discovery shall be completed by:_________________.
8.
Any motion s to amend pleadings shall be filed by:__________________.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-052952
CV 2008-000971
07/09/2009
Docket Code 041
Form V000A
Page 5
9.
The parties remaining in this action shall participate in comprehensive mediation
by:_________________.
10.
The date by which all dispositive or partially dispositive motions shall be
filed:_____________.
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel are
directed to confer pursuant to ARCP 26(g). If such conference is unsuccessful, counsel are
directed to initiate a conference call with this division before filing a motion to compel or motion
for protective order.

07/09/2009 — CV2008000971 34 L L C, S C 07/09/2009 HONORABLE ROBERT BUDOFF View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-052952
CV 2008-000971
07/09/2009
Docket Code 053
Form V053
Page 1
CLERK OF THE COURT
HONORABLE ROBERT BUDOFF
L. Carlson
Deputy
HERBERT ANDERSON, et al.
CHAD ROBERT KAFFER
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
JONATHAN D SCHNEIDER
P DOUGLAS FOLK
JOHN R JEFFERIES
JAN-GEORG ROESCH
MICHAEL FREEMAN TAMM
DENISE J WACHHOLZ
JOEL E SANNES
DALE W ROBINSON
LYNN M KRUPNIK
DOCKET-CIVIL-CCC
FILE ROOM-CSC
JUDGE MANGUM
CASE CONSOLIDATION
On April 3, 2009, Defendant Desert Mountain Master Association (DMMA) filed a
“Motion to Consolidate” cause numbers CV2007-052952 (Judge Budoff) and CV2008-000971 (
(Judge Mangum). On April 26, 2009, Plaintiffs Anderson filed “Plaintiffs’ Response to
Defendant Desert Mountain Master Association’s Motion to Consolidate” objecting to the
Motion to Consolidate. DMMA filed a Reply in support of its Motion to Consolidate on May 4,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-052952
CV 2008-000971
07/09/2009
Docket Code 053
Form V053
Page 2
2009. On July 6, 2009, Plaintiffs withdrew their Response and objection to the Motion to
Consolidate. No other objections were filed.
This Court was advised at a recent Evidentiary Hearing that no formal Court proceedings
had occurred before Judge Mangum in CV2008-000971 but that there are some pending motions
before Judge Mangum that have not yet been resolved.
Good cause appearing,
IT IS ORDERED granting the Motion to Consolidate and consolidating cause numbers
CV2007-052952 (Budoff) and CV2008-000971 (Mangum) under cause number CV2007-052952
(Budoff) for all further proceedings. All future filings shall now be filed under CV2007-052952.
IT IS FURTHER ORDERED vacating all current discovery/disclosure deadlines
previously ordered.

10/23/2008 — CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 10/23/2008 HONORABLE J. KENNETH MANGUM View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/28/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
10/23/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
RICHARD PALLAN, et al.
JOEL E SANNES
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
JONATHAN D SCHNEIDER
BENJAMIN L HODGSON
JOHN R JEFFERIES
LYNN M KRUPNIK
DENNIS J STRYKER
RICK ENGINEERING COMPANY
LEGAL DEPT
5620 FRIARS ROAD
SAN DIEGO CA 92110-2596
MINUTE ENTRY
Good cause appearing,
IT IS ORDERED granting Plaintiffs’ Motion to Amend Complaint.
IT IS FURTHER ORDERED denying Plaintiffs’ Motion to Dismiss DMMA’s Claim of
non-party at fault.
IT IS FURTHER ORDERED that Plaintiffs shall file a Response to DMMA’s “Cross-
Motion to Dismiss Richard and Susan Pallan” by November 10, 2008, and that DMMA shall file
a Reply, if at all, by November 24, 2008.

11/19/2008 — CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 11/19/2008 HONORABLE J. KENNETH MANGUM View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/24/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
11/19/2008
Docket Code 079
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
RICHARD PALLAN, et al.
JOEL E SANNES
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
JONATHAN D SCHNEIDER
BENJAMIN L HODGSON
JOHN R JEFFERIES
PARTIAL CASE DISMISSAL WITHOUT PREJUDICE
A Notice of Voluntary Dismissal as to Defendant DLC Resources only having been
presented to the Court; and good cause appearing,
IT IS ORDERED dismissing this case as to Defendant DLC Resources only without
prejudice.
DISPOSITION:
Pursuant to Rule 41(a), ARCP, the partial dismissal is effective without court order.

12/11/2008 — CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 12/11/2008 HONORABLE J. KENNETH MANGUM View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/15/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
12/11/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
RICHARD PALLAN, et al.
JOEL E SANNES
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
JONATHAN D SCHNEIDER
BENJAMIN L HODGSON
JOHN R JEFFERIES
DENNIS J STRYKER
RICK ENGINEERING CO LEGAL DEPT
5620 FRIARS RD
SAN DIEGO CA 92110-2596
JENNIFER KULPILLAS
EKMARK & EKMARK, LLC
6720 N SCOTTSDALE RD STE 261
SCOTTSDALE AZ 85253
PARTIES TO FILE JOINT PRETRIAL MEMORANDUM
The Court has received and reviewed Plaintiffs’ Motion to Set and Certificate of
Readiness.
IT IS ORDERED as follows:
Counsel are to meet personally to discuss all of the matters set forth in Rule 16(b), Ariz.
R. Civ. P. Counsel shall prepare and file with the Court, no later than 5:00 p.m. on January 12,
2009, a Joint Pretrial Memorandum, and a proposed Order, for discovery, motion and disclosure
deadlines.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
12/11/2008
Docket Code 023
Form V000A
Page 2
If the parties agree to the dates, they should prepare an Order in the form set forth below,
containing the provisions which are applicable to their case. Please provide copies of the
proposed Order to be conformed, along with stamped, self-addressed envelopes. For
example, paragraph 1 of the Order set forth below need not be included in the parties’ proposed
Order if the parties intend to disclose their experts’ identity and opinions at the same time they
disclose their experts’ areas of testimony. Similarly, if the parties agree to simultaneously
disclose the identity and opinions of their expert witnesses, they need not include in their
proposed Order the language set forth in paragraph 2a. and b., below.
The proposed Order shall include specific dates (“December 5, 2009” is a specific date.
“90 days prior to trial” is a date in reference to a trial date and is not a specific date). Do not
incorporate a firm trial date in the proposed Order.
If counsel are unable to agree on any of the items that are to be included in the Order, the
reasons for their inability to agree shall be set forth in their Pretrial Memorandum and each shall
prepare a separate proposed Order.
The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order. If
all is in order, the Court will set a status conference close to the discovery cutoff date. At the
status conference, if the parties have completed discovery and are ready for trial, the Court will
set firm dates for the final pretrial management conference and the trial. There will be no
telephonic appearances at the status conference without prior Court approval. Counsel who will
be the trial lawyers in the case must appear in person with their trial calendar. If the parties are
not ready for trial, the matter will be placed on the Inactive Calendar for dismissal within 60
days.
If counsel feel a pretrial conference is still necessary at this stage of the litigation, they
should address the reasons why in the first paragraph of the Joint Pretrial Memorandum.
If a Joint Pretrial Conference Memorandum and proposed Scheduling Order are not
timely submitted, the Court will place the matter back on the Inactive Calendar for dismissal.
PROPOSED ORDER LANGUAGE:
The Court has received and reviewed the parties’ Joint Pretrial Memorandum and
proposed Scheduling Order.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
12/11/2008
Docket Code 023
Form V000A
Page 3
In accordance therewith,
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 2009. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
2009.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
2009.
2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2009. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2009.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2009.
3. Any and all discovery requests shall be served by 5:00 p.m. on ________, 2009.
4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 2009.
[or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2009.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 2009.
5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2009.
6. All discovery shall be concluded by 5:00 p.m. on ________, 2009.
7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2009. This Order does not replace the parties’

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
12/11/2008
Docket Code 023
Form V000A
Page 4
obligation to seasonably disclose on an on-going basis under Rule 26.1 as information
becomes available.
8. Settlement Conference (choose one):
a. The parties shall participate in private mediation by 5:00 p.m. on ________,
2009.
OR
b. The parties shall participate in a mandatory Settlement Conference and this matter
is referred to the Court's Alternative Dispute Resolution for the appointment of a
judge pro tempore to conduct a settlement conference. Counsel and any "pro per"
parties will contact the appointed judge pro tempore to arrange the time and
location for the settlement conference. The judge pro tempore is requested to
conduct a settlement conference not later than ________, 2009. The Office of
Alternative Dispute Resolution will not do the scheduling of the settlement
conference so please do not contact that office. If counsel prefer to use a private
mediator to conduct the Settlement Conference, a Stipulation and Order re:
Alternative to ADR must be presented to the Court by 5:00 p.m. on ________,
2009.
9. No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at trial
other than those disclosed in a timely manner, except for good cause shown or written
agreement of the parties.
10. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
________, 2009.
11. A telephonic Status Conference is set for ________, 2009, at ________*.m. for the
purpose of assigning a trial date if the case has not settled. Plaintiff is to initiate the
call.
12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P., then telephonically contact the
Court to set up a telephonic conference to discuss any remaining issues.
13. The dates set forth in this Order are FIRM dates and will not be extended or modified
by this Court absent good cause. Lack of preparation will not ordinarily be
considered good cause.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
12/11/2008
Docket Code 023
Form V000A
Page 5
14. This case is removed from the Inactive Calendar and all requirements of Rule 38.1,
Ariz.R.Civ.P., are waived unless and until otherwise ordered by the Court.

12/22/2008 — CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 12/22/2008 HONORABLE J. KENNETH MANGUM View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/23/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-000971
12/22/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. KENNETH MANGUM
D. Glab
Deputy
RICHARD PALLAN, et al.
JOEL E SANNES
v.
DESERT MOUNTAIN MASTER
ASSOCIATION, THE, et al.
JONATHAN D SCHNEIDER
BENJAMIN L HODGSON
JOHN R JEFFERIES
MINUTE ENTRY
Good cause appearing,
IT IS ORDERED granting Defendant/Third-Party Plaintiff/Cross-Defendant The Desert
Mountain Master Association’s Motion to Dismiss Richard and Susan Pallan. This Order
recognizes the right of the Pallans to assign their claims to SC34, LLC, or take similar action to
provide for recovery of legally appropriate claims.

Documents

Type Title Content Type Size Source
minute_entry_pdf CV2008000971 34 L L C, S C 07/09/2009 HONORABLE ROBERT BUDOFF View Minute Entry application/pdf 14.7 KB Document Source
minute_entry_pdf CV2008000971 34 L L C, S C 07/09/2009 HONORABLE ROBERT BUDOFF View Minute Entry application/pdf 6.8 KB Document Source
minute_entry_pdf CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 04/03/2008 HONORABLE KRISTIN HOFFMAN View Minute Entry application/pdf 7.6 KB Document Source
minute_entry_pdf CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 04/07/2009 HONORABLE J. KENNETH MANGUM View Minute Entry application/pdf 5.1 KB Document Source
minute_entry_pdf CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 05/28/2008 HONORABLE KRISTIN HOFFMAN View Minute Entry application/pdf 7.8 KB Document Source
minute_entry_pdf CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 07/02/2008 HONORABLE J. KENNETH MANGUM View Minute Entry application/pdf 5.1 KB Document Source
minute_entry_pdf CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 10/23/2008 HONORABLE J. KENNETH MANGUM View Minute Entry application/pdf 5.1 KB Document Source
minute_entry_pdf CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 11/19/2008 HONORABLE J. KENNETH MANGUM View Minute Entry application/pdf 6.3 KB Document Source
minute_entry_pdf CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 12/11/2008 HONORABLE J. KENNETH MANGUM View Minute Entry application/pdf 17.9 KB Document Source
minute_entry_pdf CV2008000971 MASTER ASSOCIATION, THE, DESERT MOUNTAIN 12/22/2008 HONORABLE J. KENNETH MANGUM View Minute Entry application/pdf 5.0 KB Document Source

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