04/09/2009 — CV2008025237 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 04/09/2009 HON. MARK F. ACETO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
04/09/2009
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Sahli
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
KACHINA MANAGEMENT INC, et al.
JAMES E BROWN
R MARK ROUNSAVILLE
NO ADDRESS ON RECORD
JULIA ROUNSAVILLE
NO ADDRESS ON RECORD
JUDGE BURKE
JUDGE HEILMAN
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to Honorable Joseph Heilman who has disqualified
himself. The case was transferred to the Civil Presiding Judge for reassignment.
IT IS ORDERED reassigning this case to Civil Calendar CVJ13, the Honorable Edward
Burke for all further proceedings.
Pending:
⋅Defendants’ Motion to Dismiss Amended Complaint
04/16/2009 — CV2008025237 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 04/16/2009 HON. EDWARD O. BURKE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/17/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
04/16/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
KACHINA MANAGEMENT INC, et al.
JAMES E BROWN
MINUTE ENTRY
11:31 a.m. In Chambers: This is the time set for Oral Argument on Defendants’ Motion
To Dismiss Plaintiff’s Amended Complaint As To Counts, I, II and IV. Plaintiff Westview
Crossing Homeowners Association is telephonically represented by counsel, Brian E. Ditsch.
Defendants, Kachina Management, Inc., R. Mark Rounsaville and Julia Rounsaville are
telephonically represented by counsel, James E. Brown.
No court reporter is present.
Argument is heard on Defendants’ Motion To Dismiss Plaintiff’s Amended Complaint
As To Counts I, II and IV.
Discussion is held regarding the Plaintiff’s claim that the Defendants failed to return
historical documents to his client and whether this matter is subject to arbitration.
Defendants’ Motion To Dismiss Plaintiff’s Amended Complaint As To Counts I, II and
IV is DENIED.
11:45 a.m. Hearing concludes.
07/23/2009 — CV2008025237 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 07/23/2009 HONORABLE JOSEPH B. HEILMAN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/24/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
07/23/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH B. HEILMAN
L. Muhammad
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
KACHINA MANAGEMENT INC, et al.
JAMES E BROWN
MINUTE ENTRY
IT IS ORDERED finding MOOT the Defendant’s Motion to Dismiss Counts One
(Conversion), Two (Breach of Fiduciary Duty), and Four (Breach of Contract / Conversion)
Against Defendant Kachina Management Inc. for Failure to State a Claim for Relief and to
Dismiss the Remaining Count Three due to Lack of Jurisdiction (filed November 7, 2008), the
Response, and the Reply thereto, as an Amended Complaint has subsequently been filed.
HONORABLE JOSEPH B. HEILMAN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
8th FLOOR, COURTROOM 814
PHOENIX, AZ 85003
602-506-0292 TEL
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
09/17/2009 — CV2008025237 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 09/17/2009 HON. EDWARD O. BURKE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/18/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
09/17/2009
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
KACHINA MANAGEMENT INC, et al.
JAMES E BROWN
ROBERT E SIESCO
COMPREHENSIVE PRETRIAL
CONFERENCE SETTING
The Court has received and reviewed Plaintiff’s Motion to Set and Certificate of
Readiness.
IT IS ORDERED setting this matter for a Comprehensive Pretrial Conference, pursuant
to Rule 16(b) on October 28, 2009, at 8:45 a.m. (15 min.) before:
HON. EDWARD O. BURKE
Judge of Superior Court of Arizona
125 W. Washington - OCH
Courtroom 103 – 1st Floor
Phoenix, Arizona 85003
(602) 506-6538
The parties may appear telephonically. Counsel will need to confer as the court cannot
accept multiple calls. If all parties wish to appear telephonically, Plaintiff’s counsel shall initiate
the conference call. The court’s phone number is (602) 506-6538. Transmissions over cellular
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
09/17/2009
Docket Code 026
Form V000A
Page 2
telephones and speaker phones are not clearly received by the court’s phone system and,
therefore, are not allowed.
The court will set a firm trial date at this conference. Counsel are advised to have their
trial calendars with them.
IT IS FURTHER ORDERED that the parties shall submit a Joint Pretrial Memorandum
as set forth below.
IT IS FURTHER ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b). Counsel shall prepare and file with the court by 5:00 p.m. on October 23, 2009, a Joint
Pretrial Memorandum. The memorandum shall address all the matters listed in Rule 16(b) and
additional items set forth below.
1.
The nature of the case; the issues, and each party’s position with respect to the
issues.
2.
An agreed upon schedule and date for completion of non-expert depositions.
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.
3.
A date for the final disclosure of the identities, subject matters, and reports of
expert witnesses, and/or to supplement disclosures made to date.
4.
A date or dates for the initial and final disclosure of all non-expert witnesses,
and/or to supplement disclosures made to date.
5.
A date by which all written discovery will be propounded and concluded.
Further, counsel shall set forth any written discovery outstanding and a date when it
will be complete.
6.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
09/17/2009
Docket Code 026
Form V000A
Page 3
7.
The court will order the parties to participate either in a settlement conference with
a judge pro tem or a mediation with a private mediator. An agreement of all parties
is required for private mediation. The parties are to advise if such an agreement is
reached. The parties are also to advise a proposed date for the completion of the
settlement conference or mediation.
8.
Set forth any discovery disputes to date or Rule 26.1 compliance issues.
9.
A date for completion of all discovery, including expert discovery.
10.
A date by which all dispositive or partially-dispositive motions shall be filed.
11.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
If counsel are unable to agree on any of the items of the Pretrial Memorandum, the
reasons for their inability to agree shall be set forth in the Pretrial Memorandum. All proposed
deadlines shall be set forth as calendar dates, and not in the form “XX days before trial.”
IT IS FURTHER ORDERED that counsel shall notify the court of any agreed-upon
extension of any time period provided by the Rules of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of professionalism, but to ensure that no party suffers
summary disposition of any issue because the court is unaware that an extension had been
granted.
Counsel are reminded that the court may impose sanctions, pursuant to Rule 16(f),
against counsel and/or their clients for failure to participate in good faith in the preparation or
timely filing of the memorandum.
09/17/2009 — CV2008025237 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 09/17/2009 HON. EDWARD O. BURKE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/18/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
09/17/2009
Docket Code 530
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
KACHINA MANAGEMENT INC, et al.
JAMES E BROWN
ROBERT E SIESCO
COURT ADMIN-CIVIL-ARB DESK
E-FILE CASE MANAGEMENT
CASE DESIGNATED FOR PARTICIPATION IN THE COURT’S E-FILING PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2007-140,
IT IS ORDERED that all pleadings in this case be electronically filed. The electronic
filing system is available for use immediately and mandatory e-filing will commence on
October 1, 2009.
ALL PLEADINGS NOT eFILED WILL NOT BE CONSIDERED BY THE DIVISION
UNTIL PROPERLY eFILED. If service has not yet been completed as to some or all of the
Defendants, it is the Plaintiff's responsibility to forward this minute entry to later appearing
parties.
You may now choose to use the Clerk of Court hosted eFiling system, or one of the
Court's qualified eFiling service providers to electronically file your pleadings. Please visit the
following web site for more information on your options for eFiling.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
09/17/2009
Docket Code 530
Form V000A
Page 2
http://www.clerkofcourt.maricopa.gov
To assist in the transition to eFiling, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the eFiling system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory eFiling
date. The web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp
Additionally, please be sure to review the eFiling Guidelines set forth by Administrative
Order 2007-140 at the following web site address:
https://efiling.clerkofcourt.maricopa.gov/efilingguidelines
Upon the mandatory eFiling date, all attorneys of record shall eFile all pleadings in
accordance with the guidelines set forth in Administrative Order 2007-140. Self-represented
parties or pro per litigants, and other case participants like Mediators, Arbitrators, and Special
Discovery Masters are strongly encouraged to eFile all pleadings. If a self-represented party, or
other case participant chooses to file their pleading in paper, they shall include a notation just
under the case number on the first page of the pleading that the case is an “EFILE CASE”.
The eFiling system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
Where filing fees may incur on an electronic filing, they may be paid by credit card at
the time of filing if the filing party choose to use a qualified eFiling service provider. If the filing
party chooses to use the Clerk of Court's hosted eFiling system, the filing party will be contacted
by the Clerk's Office by phone for credit card payment. If we are unable to process payment by
phone, the filing party will be billed by the Billing Unit of the Clerk of Superior Court.
eFiled Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE COURT.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
09/17/2009
Docket Code 530
Form V000A
Page 3
ADDITIONALLY, THE PARTIES SHALL PROVIDE THIS DIVISION WITH HARD COPIES
OF ANY DISPOSITIVE MOTIONS, THE RESPONSES, REPLIES AND ANY FILED
DOCUMENT THAT EXCEEDS 10 PAGES, INCLUDING ANY EXHIBITS AND
ATTACHMENTS.
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summary Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to Defendant's
Motion for Summary Judgment on Negligence." No response to a motion shall contain a separate
motion, except in the case of a cross-motion bearing the same designation.
10/08/2009 — CV2008025237 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 10/08/2009 HON. EDWARD O. BURKE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
10/08/2009
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
KACHINA MANAGEMENT INC, et al.
JAMES E BROWN
ROBERT E SIESCO
MINUTE ENTRY
The Court has received and reviewed Defendants’ Motion to Continue Deadline to Hold
Arbitration Hearing and Order thereto.
Defendants’ Motion to Continue Deadline to Hold Arbitration Hearing is GRANTED, all
in accordance with formal written Order signed by the Court on October 6, 2009, and filed with
the clerk on October 8, 2009.
On the Court’s own motion,
IT IS ORDERED vacating the Comprehensive Pretrial Conference on October 28, 2009,
in this division.
12/15/2009 — CV2008025237 HOMEOWNERS ASSOCIATION, WESTVIEW CROSSING 12/15/2009 HON. EDWARD O. BURKE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/17/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-025237
12/15/2009
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
WESTVIEW CROSSING HOMEOWNERS
ASSOCIATION
BRIAN E DITSCH
v.
KACHINA MANAGEMENT INC, et al.
JAMES E BROWN
ROBERT E SIESCO
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
The Court has received and reviewed Defendants’ Stipulation (Motion) to Continue
Deadline to Hold Arbitration Hearing and Order thereto.
Defendants’ Motion to Continue Deadline to Hold Arbitration Hearing is GRANTED, all
in accordance with formal written Order Continuing Deadline to Hold Arbitration Hearing
signed by the Court on December 11, 2009, and filed with the clerk on December 15, 2009,
wherein the deadline to conduct the arbitration hearing shall be extended until February 28,
2010.
