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Maricopa County Superior Court Case CV2013-004301: public docket details, parties, minute entries, documents, and official source links for Sunrise Desert Vistas P O A.

Case Number

CV2013-004301

County

Maricopa

Caption

Not captured

Filed

1/25/2013

Case Type

Civil

Judge

Julian, Melissa

Location

Downtown

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/28/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

01/23/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert

Deputy

SUZANNE SALLUS
SUZANNE SALLUS
14214 E LONE MOUNTAIN RD
SCOTTSDALE AZ 85262

v.

SUNRISE DESERT VISTAS P O A
GUY W BLUFF

ALTERNATIVE DISPUTE
RESOLUTION - CCC

REFERRAL TO ADR FOR SETTLEMENT CONFERENCE
JOINT PRETRIAL MEMORANDUM AND PROPOSED SCHEDULING ORDER

East Court Building- Courtroom 413

9:18 a.m. This is the time set for telephonic Status Conference. Plaintiff is present on her
own behalf. Defendant is represented by counsel, Guy Bluff.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Discussion is held regarding the status of the case and the result of the special action
matter.

IT IS ORDERED the parties shall participate in a Settlement Conference. This case is
referred to the Court's Office of Alternative Dispute Resolution for the appointment of a Judge
Pro Tempore to conduct a Settlement Conference. Counsel and/or the parties will receive a
minute entry from ADR appointing the Judge Pro Tempore. Counsel and any "pro per" parties
will contact the appointed Judge Pro Tempore to arrange the date, time and location for the
Settlement Conference. The Judge Pro Tempore is requested to conduct a Settlement Conference

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

01/23/2014

Docket Code 023
Form V000A
Page 2

not later than April 23, 2014. 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 no later than
5:00 p.m. on March 24, 2014.

IT IS FURTHER ORDERED that the parties shall simultaneously submit confidential
memoranda to the Judge Pro Tempore at least 5 days prior to the date set for Settlement
Conference.

All counsel and their clients, or non-lawyer representatives who have full and
complete authority to settle this case, shall personally appear and participate in good faith
in this Settlement Conference, even if no settlement is expected.

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 February
24, 2014 a Joint Pretrial Memorandum, and a proposed Order, for discovery, motion and
disclosure deadlines.

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). All
applicable blanks should be filed in, except for the date of the Scheduling and Status Conference,
as indicated. 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

01/23/2014

Docket Code 023
Form V000A
Page 3

The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order. If
all is in order, the Court will set a scheduling and status conference close to the discovery cutoff
date. At the scheduling and 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 may appear telephonically with their
trial calendars. 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.

9:32 a.m. Matter concludes.

SCHEDULING ORDER LANGUAGE:

The Court has received and reviewed the parties’ Joint Pretrial Memorandum and
proposed Scheduling Order.

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 ________, 200*. [or]

a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
200*.

b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
200*.

2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 200*. [or]

a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 200*.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

01/23/2014

Docket Code 023
Form V000A
Page 4

b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 200*.

3. Any and all discovery requests shall be served by 5:00 p.m. on ________, 200*.

4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 200*.
[or]

a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
200*.

b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 200*.

5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 200*.

6. All discovery shall be concluded by 5:00 p.m. on ________, 200*.

7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 200*. This Order does not replace the parties’
obligation to seasonably disclose on an on-going basis under Rule 26.1 as information
becomes available.

8. Settlement conference (choose one):

a.
PRIVATE MEDIATION

The parties shall participate in private mediation by 5:00 p.m. on ________,
200*;
OR

b.
REFERRAL TO ADR FOR SETTLEMENT CONFERENCE

Counsel shall endorse the Court’s Alternative Dispute Resolution Office

The parties shall participate in a Mandatory Settlement Conference. This case is
referred to the Court's Office of Alternative Dispute Resolution for the appointment of a
judge pro tempore to conduct a Settlement Conference. Counsel and/or the parties
will receive a minute entry from ADR appointing the judge pro tempore. Counsel and

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

01/23/2014

Docket Code 023
Form V000A
Page 5

any "pro per" parties will contact the appointed judge pro tempore to arrange the date,
time and location for the Settlement Conference. The judge pro tempore is requested to
conduct a settlement conference not later than * _______________, 2008. 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 no later
than 5:00 p.m. on * ______________, 2008.

IT IS ORDERED that the parties shall simultaneously submit confidential
memoranda to the Judge Pro Tempore at least 5 days prior to the date set for Settlement
Conference.

All counsel and their clients, or non-lawyer representatives who have full and
complete authority to settle this case, shall personally appear and participate in
good faith in this Settlement Conference, even if no settlement is expected.

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
________, 200*.

11. A scheduling and status conference is set for the purpose of assigning a trial date on
[ LEAVE DATE AND TIME BLANK ] if the case has not settled.

PLEASE NOTE: If this JOINT PRETRIAL MEMORANDUM and proposed
SCHEDULING ORDER are filed electronically, a separate minute entry will be entered
setting a SCHEDULING AND STATUS CONFERENCE for the purpose of setting a
trial date.

 Counsel may appear telephonically for this conference if all counsel agree to
do so.
 Counsel for Plaintiff shall initiate the conference call unless the parties agree
otherwise.
 Counsel shall have their trial calendars available for the conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

01/23/2014

Docket Code 023
Form V000A
Page 6

12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P. If the issues are straightforward
enough not to require briefing, counsel may 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.

14. This case is removed from the Inactive Calendar and all requirements of Rule 38.1 of
Ariz.R.Civ.P. are waived unless and until otherwise ordered by the Court.

A signature block shall be included on the form of proposed Scheduling Order for
the Judge’s approval.

ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/07/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

03/06/2014

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert

Deputy

SUZANNE SALLUS
JAMES ROBERT ECKLEY

v.

SUNRISE DESERT VISTAS P O A
GUY W BLUFF

STATUS CONFERENCE SET

The Court approves and adopts the deadlines set forth in the parties’ Joint Pretrial
Conference Memorandum filed February 24, 2014.

IT IS ORDERED setting a Telephonic Status Conference on July 1, 2014 at 9:15 a.m.
(15 minutes) in this division, all in accordance with the formal written Scheduling Order signed
by the Court on March 3, 2014 and filed (entered) by the Clerk on March 6, 2014.

Counsel for Plaintiff shall initiate the conference call.

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.

JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

03/06/2014

Docket Code 028
Form V000A
Page 2

Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/18/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-004301
03/15/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert
Deputy
SUZANNE SALLUS
SUZANNE SALLUS
14214 E LONE MOUNTAIN RD
SCOTTSDALE AZ 85262
v.
SUNRISE DESERT VISTAS P O A
GUY W BLUFF
MINUTE ENTRY
The Court has reviewed defendant’s motion to dismiss (filed February 7, 2013), as well
as the response and reply. The motion is made pursuant to Rule 12(b)(6), but refers to matters
outside the pleadings. Because the complaint states a claim for relief if its material allegations
are true, the motion is DENIED.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/22/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-004301
03/21/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
L. Bee/A. Melchert
Deputy
SUZANNE SALLUS
SUZANNE SALLUS
14214 E LONE MOUNTAIN RD
SCOTTSDALE AZ 85262
v.
SUNRISE DESERT VISTAS P O A
GUY W BLUFF
STATUS CONFERENCE SET
The Court having received and reviewed the Motion for Rule 16 Conference,
IT IS ORDERED setting a Telephonic Status Conference on April 8, 2013 at 9:15 a.m.
(15 minutes) in this division.
JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL
Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-004301
03/21/2013
Docket Code 028
Form V000A
Page 2
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/15/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-004301
04/08/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
L. Bee/A. Melchert
Deputy
SUZANNE SALLUS
SUZANNE SALLUS
14214 E LONE MOUNTAIN RD
SCOTTSDALE AZ 85262
v.
SUNRISE DESERT VISTAS P O A
GUY W BLUFF
STATUS CONFERENCE SET
East Court Building – Courtroom 413
9:13 a.m. This is the time set for telephonic Hearing. Plaintiff is present on her own
behalf. Defendant is represented by counsel, Guy W. Bluff.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the status of the case. Plaintiff informs the Court that she
has received the documents at issue. For the reasons stated on the record,
IT IS ORDERED denying Plaintiff’s Motion for Entry of Judgment on the Pleadings.
IT IS FURTHER ORDERED denying Plaintiff’s Application for Fees and Verified
Statement of Costs as premature. Good cause appearing,
IT IS ORDERED staying this matter pending the resolution of LC 2013-000042 (the case
that gave rise to this litigation.)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-004301
04/08/2013
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED setting a Telephonic Status Conference on October 4,
2013 at 9:00 a.m. (15 minutes) in this division. Counsel for Plaintiff shall initiate the conference
call.

JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL
Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.
9:33 a.m. Matter Concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/16/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

04/15/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert

Deputy

SUZANNE SALLUS
JAMES ROBERT ECKLEY

v.

SUNRISE DESERT VISTAS P O A
GUY W BLUFF

MINUTE ENTRY

The Court has reviewed the parties' Stipulation to Vacate Mediation Hearing and Extend
Time to Complete Mediation (filed April 11, 2014).

IT IS ORDERED extending the deadline to complete the mediation to June 30, 2014.
The Court leaves it to the assigned mediator to choose the actual date of the mediation.

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/06/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-004301
06/04/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert
Deputy
SUZANNE SALLUS
SUZANNE SALLUS
14214 E LONE MOUNTAIN RD
SCOTTSDALE AZ 85262
v.
SUNRISE DESERT VISTAS P O A
GUY W BLUFF
FINANCIAL SERVICES-CCC
MINUTE ENTRY
The Court has received and reviewed Plaintiff’s Motion for Order Directing Clerk of the
Court to Issue a Refund of the Sallus “Answer” Fee.
IT IS ORDERED directing the Clerk of Court to refund the Answer fee of $227.00 paid
in the above case by Plaintiff on April 15, 2013.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/15/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

06/14/2016

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. ROGER E. BRODMAN
S. LaFontaine

Deputy

SUZANNE SALLUS
JAMES ROBERT ECKLEY

v.

SUNRISE DESERT VISTAS P O A, et al.
GUY W BLUFF

STATUS CONFERENCE SET

The Court has reviewed defendants’ Request for a Rule 16 Conference filed on June 7,
2016.

IT IS ORDERED setting a Telephonic Rule 16 Status Conference on July 7, 2016 at
8:30 a.m. (Time allotted: 15 minutes). This conference will be held before,

The Honorable Roger Brodman
Maricopa County Superior Court
East Court Building, Fourth Floor
101 West Jefferson, Courtroom 413
Phoenix, AZ 85003
Phone: 602-372-2943

Counsel for Plaintiff shall initiate the call by arranging the presence of all parties and contacting
this division.

NOTE: Counsel shall be available for the conference call on a telephone land line and not on
cellular phones, in order to maximize all participants’ ability to hear and be heard.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

06/14/2016

Docket Code 028
Form V000A
Page 2

A record of the proceedings will be made digitally in lieu of a court reporter. Should you
want an unofficial copy of the proceedings, the parties or counsel may request a CD of the
proceedings for a $30.00 charge. If a CD is requested, please obtain a form from the bailiff or
from the Self Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the courtroom clerk or bailiff.
For copies of hearings or trial proceedings recorded previously, please call Electronic
Records Services at 602-506-7100. Should an official transcript be required, you may request
that the court prepare it. The party ordering the transcript must pay for it. To request a
transcript, call 602-506-7100 and provide the date of the proceeding, the case number, the case
caption, if the transcript is for an appeal, and your name, address, and telephone number.

Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a
court reporter is not mandated by Arizona Supreme Court Rule 30, the party must submit a
written request to the assigned judicial officer at least ten (10) judicial days in advance of the
hearing, and must pay the authorized fee to the Clerk of the Court at least two (2) judicial days
before the proceeding. The fee is $140 for a half-day and $280 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/07/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

07/02/2014

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
T. Springston

Deputy

SUZANNE SALLUS
JAMES ROBERT ECKLEY

v.

SUNRISE DESERT VISTAS P O A
GUY W BLUFF

STATUS CONFERENCE RESET

On the Court's own motion,

IT IS ORDERED vacating the telephonic Rule 16(f) trial setting conference scheduled
for July 1, 2014 and resetting same to September 24, 2014 at 9:15 a.m. (time allotted: 15
minutes) in this division.

Counsel for Plaintiff shall initiate the conference call by calling 602.372.1141. The call
should be placed from a telephone in an area with no background noise. The call may not be
placed from a vehicle. Cellular telephones and speakerphones are prohibited.

The parties are reminded that, effective July 1, 2013, Maricopa County Local Rule of
Practice 3.2 requires notices of settlement, stipulations to dismiss, and stipulations for the entry
of judgment to contain a statement regarding whether such settlements or stipulations dispose of
the entire case.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/08/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

07/07/2016

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HON. ROGER E. BRODMAN
M. Corriveau

Deputy

SUZANNE SALLUS
JAMES ROBERT ECKLEY

v.

SUNRISE DESERT VISTAS P O A, et al.
GUY W BLUFF

MINUTE ENTRY

Courtroom: ECB 413

8:40 a.m. This is the time set for Status Conference. Plaintiff is represented by counsel,
John Harris for James Eckley. Defendant, Sunrise Desert Vistas POA, is represented by counsel,
Guy W. Bluff. Both counsel appear telephonically.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding the current case status and court of appeals decision.

Counsel Harris orally moves to dismiss this matter, each party to bear their own
attorneys’ fees and costs.

Counsel Bluff enters an objection.

Pursuant to stipulation of counsel,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

07/07/2016

Docket Code 029
Form V000A
Page 2

IT IS ORDERED dismissing plaintiff’s case with prejudice, with the remaining issue of
defendant’s attorney fees and costs to be determined by Court.

IT IS FURTHER ORDERED that defendant shall submit his application for attorney
fees and costs, supporting China Doll affidavit and statement of taxable costs within ten (10)
days. Failure of defendant to timely submit an application and affidavit for fees shall be deemed
waived by defendant, and the Court will enter a final judgment pursuant to Rule 54(c).
Responses are due pursuant to Ariz. R. Civ. P.

8:48 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/17/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

07/16/2014

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
T. Springston

Deputy

SUZANNE SALLUS
JAMES ROBERT ECKLEY

v.

SUNRISE DESERT VISTAS P O A
GUY W BLUFF

ORAL ARGUMENT SET

IT IS ORDERED setting oral argument for July 29, 2014 at 9:15 a.m. (time allotted:
30 minutes) in this division on the following Motion(s):

 Defendant’s Motion to Stay Proceedings During Appeal, filed June 30, 2014.

IT IS FURTHER ORDERED as follows:

Oral argument shall not exceed 15 minutes for each side. If extended oral argument is
necessary, counsel must so advise the Court no later than four (4) court days prior to the date
set for hearing so that oral argument can be rescheduled.

Any motion or stipulation for continuance must be filed with the court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

07/16/2014

Docket Code 094
Form V000A
Page 2

Judge Mark H. Brain
Maricopa County Superior Court
East Court Building
101 West Jefferson Street
4th Floor, Courtroom 413
Phoenix, AZ 85003
Tel: 602.372.1141

Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.

The parties are reminded that, effective July 1, 2013, Maricopa County Local Rule of
Practice 3.2 requires notices of settlement, stipulations to dismiss, and stipulations for the entry
of judgment to contain a statement regarding whether such settlements or stipulations dispose of
the entire case.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/04/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

07/29/2014

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
T. Springston

Deputy

SUZANNE SALLUS
JAMES ROBERT ECKLEY

v.

SUNRISE DESERT VISTAS P O A
GUY W BLUFF

JOHN DUKE HARRIS
JAY ROSENTHAL
ALTERNATIVE DISPUTE
RESOLUTION - CCC

MATTER TAKEN UNDER ADVISEMENT

East Court Building – Courtroom 413

9:18 a.m. This is the time set for oral argument on Defendant’s Motion to Stay
Proceedings During Appeal, filed June 30, 2014. Plaintiff is present with counsel, John Duke
Harris. Defendant is represented by counsel, Guy W. Bluff.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Case status and remaining issues are discussed. Plaintiff requests that the court vacate
the Alternative Dispute Resolution referral. There being no objection,

IT IS ORDERED removing this case from the court’s Alternative Dispute Resolution
Office; the Judge Pro Tempore who was assigned to hold a settlement conference is relieved.

Oral argument is presented.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

07/29/2014

Docket Code 020
Form V000A
Page 2

IT IS ORDERED taking this matter under advisement.

9:32 a.m. Matter concludes.

The parties are reminded that, effective July 1, 2013, Maricopa County Local Rule of
Practice 3.2 requires notices of settlement, stipulations to dismiss, and stipulations for the entry
of judgment to contain a statement regarding whether such settlements or stipulations dispose of
the entire case.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/11/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

08/08/2016

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. ROGER E. BRODMAN
M. Corriveau

Deputy

SUZANNE SALLUS
JAMES ROBERT ECKLEY

v.

SUNRISE DESERT VISTAS P O A, et al.
GUY W BLUFF

RULING ON ATTORNEYS’ FEES

The Court reviewed the Motion for Attorney Fees and Costs. The Court finds that the
briefing submitted on these issues is sufficient and that oral argument would not add to the
Court’s consideration of the issues presented. Accordingly, oral argument is waived pursuant to
Ariz. R. Civ. P. Rule 7.1(c)(2) to expedite the business of this Court. The Court herein issues the
following ruling.

A.R.S. §12-341.01 authorizes an award of attorneys’ fees to the successful party in a
contested action arising out of contract. The Court makes the following findings as to relevant
factors under Associated Indemnity Corp. v. Warner, 143 Ariz. 567 (1985): 1) plaintiff’s claims
were not meritorious. Indeed, plaintiff’s claim seems to have been an overly aggressive tactic as
a subplot to contentious litigation; 2) defendants’ efforts were necessary to achieve the result; 3)
a fee award would not be an extreme hardship; 4) defendants prevailed with respect to all relief
sought; 5) the underlying issue for appeal was a novel question, but the litigation was overkill;
and 6) an award of fees would not discourage parties with tenable claims from pursuing them.

The Court does not believe this litigation was reasonable and necessary. Plaintiff was
willing to spend thousands an attempt to get defendants to pay $550. Having elected an

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

08/08/2016

Docket Code 019
Form V000A
Page 2

aggressive litigation strategy, the Court believes plaintiff should bear the consequences of that
decision. The Court has no quarrel with the fees spent by defendants in defending the claim.

On the other hand, the Court believes that $2,137.50 for the preparation of the fee
application and $1,251.75 for the reply is excessive. The Court will award defendants $6,685.75
for its fees in the underlying litigation, plus $1000 for the fee application and $500 for the reply.
Thus, the total fees awarded are $8,185.75.

THE COURT FINDS that $8,185.75 is an award of reasonable attorneys’ fees.

IT IS ORDERED that defendants are awarded $8,185.75 in attorneys’ fees.

IT IS ORDERED that defendants are awarded $351 in costs.

IT IS ORDERED that defendants’ motion to strike is denied.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/20/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-004301

08/15/2014

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
T. Springston

Deputy

SUZANNE SALLUS
JAMES ROBERT ECKLEY

v.

SUNRISE DESERT VISTAS P O A
GUY W BLUFF

UNDER ADVISEMENT RULING

On July 29, 2014, the court heard argument on Defendant’s Motion to Stay Proceedings
During Appeal (filed June 30, 2014). Having fully considered the parties’ papers and arguments,
the Motion is GRANTED. By way of brief explanation, the court notes the following.

Here, the viability of the present case hinges on the outcome of LC2013-000042
(currently on appeal). The court has broad discretion to manage its docket in such
circumstances. E.g., Southwest Gas Corp. v. Irwin ex rel. County of Cochise, 229 Ariz. 198,
203 (App. 2012) (noting a judge’s “general discretion over his calendar and docket”); Filtrol
Corp. v. Kelleher, 467 F.2d 242, 244 (9th Cir. 1972) (recognizing that a district court has
discretion to stay proceedings pending the outcome of a separate action to “promote economy of
time and effort for itself, for counsel, and for litigants”). Moreover, a brief trial may well be
necessary to determine whether Plaintiff had received the documents at issue before she filed the
lawsuit (which, in turn, would affect her claim for fees). In the circumstances, the court finds
that the best use of resources is to allow the appeal to play itself out before resolving this case.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/08/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-004301
10/04/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
C. Keller
Deputy
SUZANNE SALLUS
SUZANNE SALLUS
14214 E LONE MOUNTAIN RD
SCOTTSDALE AZ 85262
v.
SUNRISE DESERT VISTAS P O A
GUY W BLUFF
STATUS CONFERENCE SET
East Court Building – Courtroom 413
9:05 a.m. This is the time set for a Status Conference. All parties appear telephonically.
Plaintiff Suzanne Sallus appears on her own behalf. Appearing on behalf of Defendant is
counsel, Guy W. Bluff.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the status of the related matter ongoing in the lower court of
appeals.
The parties inform the Court that the lower court of appeals matter is not yet resolved,
and oral argument is set for November 18, 2013. Accordingly,
IT IS ORDERED setting a Telephonic Status Conference on December 11, 2013 at
9:00 a.m. (15 minutes) in this division, to discuss the status of the lower court of appeals matter
related to this cause.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-004301
10/04/2013
Docket Code 028
Form V000A
Page 2
Counsel for Defendant shall initiate the conference call.
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.
JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL
Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.
9:08 a.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-004301
12/11/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert
Deputy
SUZANNE SALLUS
SUZANNE SALLUS
14214 E LONE MOUNTAIN RD
SCOTTSDALE AZ 85262
v.
SUNRISE DESERT VISTAS P O A
GUY W BLUFF
STATUS CONFERENCE SET
East Court Building- Courtroom 413
8:59 a.m. This is the time set for telephonic Status Conference. Plaintiff is present on her
own behalf. Defendant is represented by counsel, Guy Bluff.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the status of the case. The parties inform the Court that the
lower court of appeals matter is under advisement.
IT IS ORDERED setting a Telephonic Status Conference on January 23, 2014 at 9:15
a.m. (15 minutes) in this division, to discuss the status of the lower court of appeals matter
related to this cause. Counsel for Defendant shall initiate the conference call.
JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-004301
12/11/2013
Docket Code 028
Form V000A
Page 2
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL
Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.
9:03 a.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

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