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Maricopa County Superior Court Case CV2004-020236: public docket details, parties, minute entries, documents, and official source links for Astragal Condominium Unit Owners Association.

Case Number

CV2004-020236

County

Maricopa

Caption

Not captured

Filed

10/19/2004

Case Type

Civil

Judge

Gordon, Michael

Location

Northeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/07/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/02/2008
Docket Code 095
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
KIMBERLY A BAXTER
WILLIAM D BISHOP
JASON J BLISS
KEVIN K BROERMAN
TIMOTHY ALLEN BUDD
GARY H BURGER
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/02/2008
Docket Code 095
Form V000A
Page 2
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
GREGORY A ROSENTHAL
JODI LEE SKEEL
DENISE J WACHHOLZ
KENNETH W WELSH
ORAL ARGUMENT RESET
Pursuant to request from Plaintiff’s counsel and no objection by Defendants, and good
cause appearing,
IT IS ORDERED vacating Oral Argument set for January 4, 2008 and resetting the same
for January 11, 2008 at 8:30 a.m. (1 hour allotted) in this division.
LET THE RECORD REFLECT that all parties have been notified of this change by
Plaintiff’s counsel on or about December 21, 2007.

Michael K. Jeanes, Clerk of Court
*** Filed ***
01/08/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/03/2007
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
IAN C FUSSELMAN
RINA K RAI
MICHAEL A LUDWIG
JAMES L BLAIR
GARY H BURGER
JAMES K KLOSS
WILLIAM D BISHOP
MITCHELL J RESNICK
PAUL S KULAR
CHARLES D ONOFRY
MICHAEL J FRAZELLE
ADAM B CAMPBELL
STEVEN E HARRISON
RICHARD L RIGHI
DANIEL A BEATTY
HOPE N KIRSCH
BRADLEY J JOHNSTON
KENNETH W WELSH
CHRIS R BANISZEWSKI
MICHAEL E PALUMBO
JOHN J BELANGER
TIMOTHY ALLEN BUDD
WILLIAM M DEMLONG

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/03/2007
Docket Code 047
Form V000A
Page 2
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar for dismissal on December 29, 2006 as to Redi-
Carpet Sales of Arizona, Inc., Western Door & Trim, R.A.P.I., Ltd., Cohaco Building
Specialties, Inc., Homes-Hally Industries, Inc., Energy Efficient Window & Door, LLC and
Mesa Fully Formed, Inc. unless specified action was taken before a certain date. The date has
passed, and the action has not been taken.
IT IS ORDERED dismissing this case as to Redi-Carpet Sales of Arizona, Inc., Western
Door & Trim, R.A.P.I., Ltd., Cohaco Building Specialties, Inc., Homes-Hally Industries, Inc.,
Energy Efficient Window & Door, LLC and Mesa Fully Formed, Inc. only without prejudice for
lack of prosecution.
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/12/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/08/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
STEPHEN E JACKSON
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
RICHARD L RIGHI
DENISE J WACHHOLZ

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/08/2007
Docket Code 078
Form V000A
Page 2
KENNETH W WELSH
GREGORY E WILLIAMS
INACTIVE CALENDAR
The Court having been orally advised that Third-Party Defendant Landa & Associates,
Inc. has settled its claims, and good cause appearing,
IT IS ORDERED vacating the Oral Argument set for January 8, 2007.
IT IS FURTHER ORDERED placing this matter on the Inactive Calendar for dismissal
on February 7, 2007 as to Third-Party Defendant Landa & Associates, Inc. only without further
notice unless prior to said date Judgment is entered or filed, a Stipulation for Dismissal is
presented, or a Motion to Set and Certificate of Readiness is filed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

01/10/2006

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski

Deputy

FILED: 01/16/2006

ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE

v.

ASTRAGAL L L C, et al.
CRAIG A MCCARTHY

WILLIAM D BISHOP
JOHN A BURIC
ADAM B CAMPBELL
DARRELL S DUDZIK
JOHN DUKE HARRIS
DENISE J HENSLEE
JAMES K KLOSS
MICHAEL A LUDWIG
MITCHELL J RESNICK
GREGORY E WILLIAMS

RULING

The Court having received Third-Party Defendant Landa & Associates, Inc.’s Motion to
Limit Expert Fees at Deposition, the Joinders thereto, Plaintiff’s Response, Landa’s Reply; and
good cause appearing,

IT IS ORDERED denying said Motion.

IT IS FURTHER ORDERED that no expert shall charge more per hour for the taking of
their deposition than they are charging the party who retained them for their time.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/16/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/11/2008
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
IAN C FUSSELMAN
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
JASON J BLISS
KENNETH JANUSZEWSKI
RINA K RAI
GREGORY A ROSENTHAL
LORI KIRSCH-GOODWIN
M DUNCAN SCOTT
BRIAN R RUSSELL
MATTER UNDER ADVISEMENT
8:37 a.m. This is the time set for Oral Argument on Third-Party Defendant Diversified
Drywall, Inc.’s Motion for Summary Judgment. Plaintiff is represented by counsel, Ian C.
Fusselman. Defendant Astragal, LLC is represented by counsel, Craig A. McCarthy and
Timothy Watson. Third-Party Defendant Diversified Drywall, Inc. is represented by counsel,
Rina K. Rai. RT Brown Mechanical and Century Roofing, Inc. are represented by counsel, M.
Duncan Scott. Third-Party Defendant Superlath & Stucco, Inc. is represented by counsel, Miles
M. Masog, who appears on behalf of Brian R. Russell. Trussman, Inc. is represented by counsel,
Gregory A. Rosenthal. Third-Party Defendants Willman & Sanetra Plastering and Universal
Underground are represented by counsel, Kenneth Januszewski, who appears telephonically.
Third-Party Defendant Quality Builders is represented by counsel, Jason J. Bliss, who appears

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/11/2008
Docket Code 020
Form V000A
Page 2
telephonically. Third-Party Defendant Trussman, Inc. is represented by counsel, Lori Kirsch-
Goodwin, who appears telephonically.
Court Reporter, Kim Hannan, is present.
IT IS ORDERED denying Third-Party Defendant Diversified Drywall, Inc.’s Motion to
Strike Plaintiff’s Opposition to its Motion for Summary Judgment.
Arguments are heard on Third-Party Defendant Diversified Drywall, Inc.’s Motion for
Summary Judgment.
IT IS ORDERED taking Third-Party Defendant Diversified Drywall, Inc.’s Motion for
Summary Judgment under advisement.
9:25 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/25/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/19/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
JAMES K KLOSS
DENISE J HENSLEE
ONE N CENTRAL AVE SUITE 900
PHOENIX AZ 85004-4417
WILLIAM D BISHOP
MITCHELL J RESNICK
GREGORY E WILLIAMS
ADAM B CAMPBELL
MICHAEL A LUDWIG
JOHN DUKE HARRIS
GARY H BURGER
PAUL S KULAR
MICHAEL J FRAZELLE
HOPE N KIRSCH
RICHARD L RIGHI
STEPHEN E JACKSON
CHARLES D ONOFRY
BRADLEY J JOHNSTON
MICHAEL E PALUMBO
JEFFREY D HOLLAND
TIMOTHY ALLEN BUDD
KENNETH W WELSH
WILLIAM M DEMLONG

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/19/2007
Docket Code 078
Form V000A
Page 2
INACTIVE CALENDAR
A Notice of Settlement as to the claims between Landa & Associates and Third-Party
Plaintiffs has been received.
IT IS ORDERED placing this matter on the Inactive Calendar as to the claims between
Landa & Associates and Third-Party Plaintiffs for dismissal on February 16, 2007 without
further notice unless prior to said date Judgment is entered or filed, a Stipulation for Dismissal is
presented, or a Motion to Set and Certificate of Readiness is filed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/01/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/29/2007
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
T. Ross
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
RINA K RAI
TIMOTHY J BOJANOWSKI
GARY H BURGER
BRIAN R RUSSELL
ADAM B CAMPBELL
KENNETH JANUSZEWSKI
GREGORY A ROSENTHAL
HOPE N KIRSCH
MELISSA LIN
TERESA BECK
3131 E. CAMELBACK RD STE. 200
PHOENIX AZ 85016-0001
MATTER UNDER ADVISEMENT
3:16 p.m. This is the time set for Oral Argument on Third Party Defendants Faith
Plumbing Inc., Central Valley Specialties, and Diversified Drywall Structures Inc.’s Motion for
Summary Judgment. Plaintiff is represented telephonically by counsel, John F. McGuire.
Defendant Astragal is represented by counsel, Craig McCarthy and Wendy Weigand. Third
Party Defendants Faith Plumbing, Central Valley Specialties and Diversified Drywall Structures,
Inc. are represented by counsel, Rina Rai and Jodi Skeel. Maricopa Plumbing Inc. is represented

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/29/2007
Docket Code 020
Form V000A
Page 2
by counsel, Tim Bojanowski. Air-Zona Systems Engineering is represented by counsel,
Gary Burger. Maldonado Concrete is represented by counsel, Teresa Beck. Super Lath is
represented by counsel, Brian Russell. Quality Builders is represented by counsel, Adam
Campbell. Willman and Sanetra is represented by counsel, Kenneth Januszewski. Trussman
Inc. is represented by counsel, Greg Rosenthal and Hope Kirsch. Century Roofing is represented
by counsel, Melissa Lin.
Court Reporter, Kim Hannan is present.
Arguments are heard.
IT IS ORDERED taking Third Party Defendants Faith Plumbing Inc., Central Valley
Specialties, and Diversified Drywall Structures Inc.’s Motion for Summary Judgment under
advisement.
4:00 p.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/02/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/30/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
T. Ross/W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
CHARLES D ONOFRY
RINA K RAI
JAMES L BLAIR
MICHAEL A LUDWIG
ADAM B CAMPBELL
HOPE N KIRSCH
PAUL S KULAR
JOHN DUKE HARRIS
STEPHEN E JACKSON
MICHAEL J FRAZELLE
MICHAEL E PALUMBO
JOHN J BELANGER
TIMOTHY ALLEN BUDD
KRISTA LEE FLETCHER
INACTIVE CALENDAR
A Notice of Settlement has been received as to Third Party Defendant Irriscape
Construction, Inc.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
01/30/2007
Docket Code 078
Form V000A
Page 2
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal as to Third
Party Defendant Irriscape Construction, Inc. on March 9, 2007 without further notice unless
prior to said date Judgment is entered or filed, a Stipulation for Dismissal is presented, or a
Motion to Set and Certificate of Readiness is filed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/06/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/01/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
GARY H BURGER
ADAM B CAMPBELL
MARK T COLLINSWORTH
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
RINA K RAI
GREGORY A ROSENTHAL
LEE P BLAKE
RICHARD L RIGHI
M DUNCAN SCOTT
RULING
The Court having reviewed Third-Party Defendant Diversified Drywall, Inc.’s Request
for Leave to File Motion for Summary Judgment Beyond the November 2, 2007 Dispositive
Motion Deadline, and good cause appearing,
IT IS ORDERED denying Third-Party Defendant Diversified Drywall, Inc.’s Request for
Leave to File Motion for Summary Judgment Beyond the November 2, 2007 Dispositive Motion
Deadline.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/13/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/11/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
MARK T COLLINSWORTH
RINA K RAI
ADAM B CAMPBELL
GARY H BURGER
HOPE N KIRSCH
GREGORY A ROSENTHAL
SCOTT B HUMBLE
BRIAN R RUSSELL
KEVIN K BROERMAN
PETER C KELLY
KENNETH JANUSZEWSKI
RULING
The Court having previously denied Diversified Drywall’s Request for Leave to File
Motion for Summary Judgment Beyond the November 2, 2007 Dispositive Motion Deadline, and
good cause appearing,
IT IS ORDERED denying Third-Party Defendant Maldonado Masonry, LLC’s Joinder to
same.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/13/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/11/2008
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
JASON J BLISS
GARY H BURGER
ADAM B CAMPBELL
MARK T COLLINSWORTH
PETER C KELLY
HOPE N KIRSCH
PAUL S KULAR
RINA K RAI
GREGORY A ROSENTHAL
LEE P BLAKE
KEVIN K BROERMAN
JEFFREY D HOLLAND
INACTIVE CALENDAR
A Notice of Settlement as to Defendant Super Lath & Stucco, Inc., Only has been
received.
IT IS ORDERED placing this matter on the Inactive Calendar as to Defendant Super
Lath & Stucco, Inc. only for dismissal on March 14, 2008 without further notice unless prior to

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/11/2008
Docket Code 078
Form V000A
Page 2
said date Judgment is entered or filed, a Stipulation for Dismissal is presented, or a Motion to Set
and Certificate of Readiness is filed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/13/2006
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
FILED: 02/20/2006
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
JOHN A BURIC
ADAM B CAMPBELL
DARRELL S DUDZIK
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
DENISE J HENSLEE
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
SCOTT B HUMBLE
STEPHEN E JACKSON
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
GREGORY E WILLIAMS
CHARLES D ONOFRY
MATTER UNDER ADVISEMENT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/13/2006
Docket Code 020
Form V000A
Page 2
8:32 a.m. This is the time set for Oral Argument on Third-Party Defendants Hatfield
Reynolds Electric Company and RTK Electric, Inc.’s Motion to Dismiss Plaintiff’s Negligence
and Implied Warranty Claims Against Defendant Tibshernay and Motion to Dismiss Third-Party
Claim. Plaintiff is represented by counsel, John F. McGuire. Third-Party Defendants Hatfield
Reynolds Electric Company and RTK Electric, Inc. are represented by counsel, Charles D.
Onofry. Defendants/Third-Party Plaintiffs are represented by counsel, Craig A. McCarthy and
Wendy N. Weigand. Western Door and Trim is represented by counsel, Bradley J. Johnston.
Court Reporter, Kim Hannan-Cox, is present.
Arguments are heard.
IT IS ORDERED taking Third-Party Defendants Hatfield Reynolds Electric Company
and RTK Electric, Inc.’s Motion to Dismiss Plaintiff’s Negligence and Implied Warranty Claims
Against Defendant Tibshernay and Motion to Dismiss Third-Party Claim under advisement.
8:54 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/16/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/13/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
RICHARD L RIGHI

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/13/2007
Docket Code 019
Form V000A
Page 2
GREGORY A ROSENTHAL
DENISE J WACHHOLZ
KENNETH W WELSH
GREGORY E WILLIAMS
GARY H BURGER
BRIAN R RUSSELL
MELISSA LIN
TERESA BECK
3131 E CAMELBACK RD STE 200
PHOENIX AZ 85016-0001
UNDER ADVISEMENT RULING
The Court having taken Third Party Defendants Faith Plumbing Inc., Central Valley
Specialties, and Diversified Drywall Structures, Inc.’s Motion for Summary Judgment under
advisement; having reviewed the memoranda of the parties and legal authorities cited therein;
and good cause appearing,
IT IS ORDERED granting Third-Party Defendants’ Motion for Summary Judgment in
part. This Court finds that the first sentence of Paragraph 18.1 of the contract between the
parties is clear and unambiguous. This language purports to require the Third-Party Defendants
to indemnify Third-Party Plaintiff unconditionally; necessitating indemnification even if Third-
Party Plaintiff’s negligence is the sole cause of injury. This language is void as against public
policy per A.R.S. §32-1159(A).
IT IS FURTHER ORDERED denying Third-Party Defendants’ Motion for Summary
Judgment with respect to all other claims.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/15/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/14/2008
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
RINA K RAI
KEVIN K BROERMAN
GARY H BURGER
ADAM B CAMPBELL
BRADLEY J JOHNSTON
MARK T COLLINSWORTH
KENNETH JANUSZEWSKI
HOPE N KIRSCH
GREGORY A ROSENTHAL
INACTIVE CALENDAR
A Notice of Settlement as to R.T. Brown Mechanical, Inc. only has been received.
IT IS ORDERED placing this matter on the Inactive Calendar as to R.T. Brown
Mechanical, Inc. only for dismissal on March 21, 2008 without further notice unless prior to
said date Judgment is entered or filed, a Stipulation for Dismissal is presented, or a Motion to Set
and Certificate of Readiness is filed.

Michael K. Jeanes, Clerk of Court
*** Filed ***
02/23/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/20/2007
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY ALLEN BUDD
ADAM B CAMPBELL
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
STEPHEN E JACKSON
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
MITCHELL J RESNICK
RICHARD L RIGHI
KENNETH W WELSH
GREGORY E WILLIAMS
DENISE J HENSLEE
ONE N CENTRAL AVE SUITE 900
PHOENIX AZ 85004-4417
GARY H BURGER
CHARLES D ONOFRY
JEFFREY D HOLLAND
WILLIAM M DEMLONG

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/20/2007
Docket Code 047
Form V000A
Page 2
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar as to the claims between Landa & Associates and
Third-Party Plaintiffs for dismissal on February 16, 2007 unless specified action was taken
before a certain date. The date has passed, and the action has not been taken.
IT IS ORDERED dismissing this case as to the claims between Landa & Associates and
Third-Party Plaintiffs without prejudice for lack of prosecution.
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/26/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/21/2008
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
JASON J BLISS
KEVIN K BROERMAN
GARY H BURGER
ADAM B CAMPBELL
MARK T COLLINSWORTH
KENNETH JANUSZEWSKI
PETER C KELLY
HOPE N KIRSCH
RINA K RAI
GREGORY A ROSENTHAL
TIMOTHY ALLEN BUDD
LEE P BLAKE
SCOTT B HUMBLE
INACTIVE CALENDAR
A Notice of Settlement on Behalf of Third-Party Defendant Willman & Sanetra
Plastering, Inc. has been received.
IT IS ORDERED placing this matter on the Inactive Calendar as to Third-Party
Defendant Willman & Sanetra Plastering, Inc. for dismissal on March 28, 2008 without further

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/21/2008
Docket Code 078
Form V000A
Page 2
notice unless prior to said date Judgment is entered or filed, a Stipulation for Dismissal is
presented, or a Motion to Set and Certificate of Readiness is filed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/26/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/21/2008
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
JASON J BLISS
GARY H BURGER
ADAM B CAMPBELL
MARK T COLLINSWORTH
KENNETH JANUSZEWSKI
PETER C KELLY
HOPE N KIRSCH
RINA K RAI
GREGORY A ROSENTHAL
LEE P BLAKE
INACTIVE CALENDAR
A Notice of Settlement as to all remaining claims has been received.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on March
28, 2008 without further notice unless prior to said date Judgment is entered or filed, a
Stipulation for Dismissal is presented, or a Motion to Set and Certificate of Readiness is filed.
IT IS FURTHER ORDERED vacating the Final Pretrial Conference set for February
25, 2008 and the Trial set for March 4, 2008 in this division.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/02/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/27/2007
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/27/2007
Docket Code 064
Form V000A
Page 2
RICHARD L RIGHI
GREGORY A ROSENTHAL
BRIAN R RUSSELL
DENISE J WACHHOLZ
KENNETH W WELSH
JASON J BLISS
GARY H BURGER
DEEANN MARIE BARNES
MELISSA LIN
TRIAL VACATED AND RESET
2:27 p.m. This is the time set for Telephonic Status Conference. Plaintiff is represented
by counsel, John F. McGuire. Defendants are represented by counsel, Craig McCarthy and
Wendy Weigand. Century Roofing is represented by counsel, Melissa Lin. Quality Builders is
represented by counsel, Adam Campbell. Trussman, Inc. is represented by counsel, Gregory A.
Rosenthal. Central Valley Specialties, et al. are represented by counsel, Rina Rai. Quality
Builders is represented by counsel, Jason Bliss. Arizona Systems Engineering, Inc. is
represented by counsel, Gary Burger. Willman and Sanetra is represented by counsel, Kenneth
Januszewski. Trussman, Inc. is represented by counsel, Deeann M. Barnes. Super Lath is
represented by counsel, Brian R. Russell.
A recording of this proceeding is being made by CD (FTR) in lieu of a court reporter.
Discussion is held regarding trial continuance.
IT IS ORDERED vacating the Trial set for June 26, 2007 and resetting same to March
4, 2008 at 8:30 a.m., in this division.
Estimated length of trial: 24 days.
IT IS FURTHER ORDERED that all deadlines previously set by the Court shall be
extended to the same time intervals prior to the new trial date as they were to the original trial
date. The Joint Pretrial Statement and Motions in Limine shall be due by 5:00 p.m. on
February 5, 2008.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/27/2007
Docket Code 064
Form V000A
Page 3
IT IS FURTHER ORDERED that responses to Motions in Limine shall be due by 5:00
p.m. on February 12, 2008.
IT IS FURTHER ORDERED that dispositive motions shall be filed no later than
February 4, 2008 so they can be scheduled, briefed, argued and decided prior to trial.
IT IS FURTHER ORDERED that no later than March 9, 2007, the parties will present
to the Court a stipulation and parallel form of order setting forth any and all necessary pretrial
deadlines other than those already established by the Court. In the event the parties are in
disagreement, the parties shall present to the Court a joint memorandum that sets forth the
stipulated or agreed upon deadlines and outlines or delineates the different positions with respect
to any other areas that they are in disagreement.
IT IS FURTHER ORDERED vacating the Final Pretrial Conference and Oral
Argument on Motions in Limine set for June 11, 2007 and resetting the same for February 11,
2008 at 8:30 a.m. (2 hours allocated) in this division.
2:55 p.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/05/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/28/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
02/28/2007
Docket Code 019
Form V000A
Page 2
RICHARD L RIGHI
GREGORY A ROSENTHAL
BRIAN R RUSSELL
DENISE J WACHHOLZ
KENNETH W WELSH
GARY H BURGER
CHARLES D ONOFRY
CHRIS R BANISZEWSKI
JOHN J BELANGER
RULING
The Court having reviewed Third-Party Defendant Trussman, Inc.’s Motion for Leave to
File and Serve Non-Party at Fault, Defendants’ Response, no reply having been filed; and good
cause appearing,
IT IS ORDERED denying Third-Party Defendant Trussman, Inc.’s Motion for Leave to
File and Serve Non-Party at Fault, this Court finding that said designation is untimely and not
based upon newly discovered evidence.

Michael K. Jeanes, Clerk of Court
*** Filed ***
03/08/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/05/2007
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
RINA K RAI
MICHAEL A LUDWIG
JAMES L BLAIR
GARY H BURGER
JAMES K KLOSS
MITCHELL J RESNICK
PAUL S KULAR
CHARLES D ONOFRY
MICHAEL J FRAZELLE
ADAM B CAMPBELL
RICHARD L RIGHI
HOPE N KIRSCH
GREGORY A ROSENTHAL
CHRIS R BANISZEWSKI
JOHN J BELANGER
WILLIAM M DEMLONG
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar for dismissal as to Third Party Plaintiffs Landa &
Associates, Inc., Irriscape Construction, Inc., and Warren Hunter Builder, Inc. dba Southwest

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/05/2007
Docket Code 047
Form V000A
Page 2
Trucking & Grading on March 2, 2007 unless specified action was taken before a certain date.
The date has passed, and the action has not been taken.
IT IS ORDERED dismissing this case as to Third Party Plaintiffs Landa & Associates,
Inc., Irriscape Construction, Inc., and Warren Hunter Builder, Inc. dba Southwest Trucking &
Grading only without prejudice for lack of prosecution.
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/13/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/07/2007
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/07/2007
Docket Code 021
Form V000A
Page 2
RICHARD L RIGHI
GREGORY A ROSENTHAL
BRIAN R RUSSELL
DENISE J WACHHOLZ
KENNETH W WELSH
JASON J BLISS
GARY H BURGER
DEEANN MARIE BARNES
MELISSA LIN
NUNC PRO TUNC MINUTE ENTRY
IT IS ORDERED nunc pro tunc correcting this Court’s minute entry dated February 27,
2007 as follows:
Page 3, paragraph 2: IT IS FURTHER ORDERED that dispositive motions shall be filed
no later than November 4, 2007 so they can be scheduled, briefed, argued and decided prior to
trial.
Page 3, paragraph 4: IT IS FURTHER ORDERED vacating the Final Pretrial Conference
and Oral Argument on Motions in Limine set for June 11, 2007 and resetting the same for
February 25, 2008 at 8:30 a.m. (2 hours allocated) in this division.
The balance of the minute entry remains the same.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/13/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/07/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
TIMOTHY J BOJANOWSKI
ADAM B CAMPBELL
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
MARCELLA ROSE HOFELICH
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
HOPE N KIRSCH
RINA K RAI
MITCHELL J RESNICK
BRIAN R RUSSELL
DENISE J WACHHOLZ
GARY H BURGER
SCOTT B HUMBLE
INACTIVE CALENDAR
A Notice of Settlement Between Third-Party Plaintiffs and Hook Engineering, Inc. has
been received.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/07/2007
Docket Code 078
Form V000A
Page 2
IT IS ORDERED placing this matter on the Inactive Calendar as to Third-Party
Plaintiffs and Hook Engineering, Inc. for dismissal on April 20, 2007 without further notice
unless prior to said date Judgment is entered or filed, a Stipulation for Dismissal is presented, or
a Motion to Set and Certificate of Readiness is filed.

Michael K. Jeanes, Clerk of Court
*** Filed ***
03/13/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/08/2007
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/08/2007
Docket Code 047
Form V000A
Page 2
RICHARD L RIGHI
GREGORY A ROSENTHAL
BRIAN R RUSSELL
DENISE J WACHHOLZ
KENNETH W WELSH
CHARLES D ONOFRY
JAMES L BLAIR
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar for dismissal on March 9, 2007 as to Third Party
Defendant Irriscape Construction, Inc. only unless specified action was taken before a certain
date. The date has passed, and the action has not been taken.
IT IS ORDERED dismissing this case as to Third Party Defendant Irriscape
Construction, Inc. only without prejudice for lack of prosecution.
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/09/2006
Docket Code 314
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
FILED: 03/15/2006
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
MICHAEL J FRAZELLE
DENISE J HENSLEE
MARCELLA ROSE HOFELICH
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
RINA K RAI
DARRELL S DUDZIK
GARY H BURGER
ADAM B CAMPBELL
HOPE N KIRSCH
DANIEL A BEATTY
STEPHEN E JACKSON
BANKRUPTCY FILED
The Court has received notification that bankruptcy proceedings are pending as to
Integrated Electrical Services, Inc., and all of its subsidiaries, including RKT Electric, Inc., and
Hatfield Reynolds Electric Company, filed on February 14, 2006, in case number 03-30602-11.
IT IS ORDERED placing this case on the Inactive Calendar until August 14, 2006 as to
Integrated Electrical Services, Inc., and all of its subsidiaries, including RKT Electric, Inc., and
Hatfield Reynolds Electric Company only. This case will be dismissed unless, prior to that date,
one of the following occurs: (1) stay relief is obtained from the bankruptcy court and the court is

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/09/2006
Docket Code 314
Form V000A
Page 2
so advised; (2) the bankruptcy proceedings are dismissed and the court is so advised; (3) a
motion to continue on the Inactive Calendar is filed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/19/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/15/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
ADAM B CAMPBELL
DARRELL S DUDZIK
MICHAEL J FRAZELLE
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
HOPE N KIRSCH
MICHAEL E PALUMBO
RINA K RAI
RICHARD L RIGHI
GREGORY A ROSENTHAL
BRIAN R RUSSELL
DENISE J WACHHOLZ
GARY H BURGER
MARK T COLLINSWORTH
INACTIVE CALENDAR
Third-Party Defendant Maricopa Plumbing’s Notice of Settlement has been received.
IT IS ORDERED placing this matter on the Inactive Calendar as to Third-Party
Defendant Maricopa Plumbing for dismissal on April 27, 2007 without further notice unless

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/15/2007
Docket Code 078
Form V000A
Page 2
prior to said date Judgment is entered or filed, a Stipulation for Dismissal is presented, or a
Motion to Set and Certificate of Readiness is filed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/26/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/21/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
ADAM B CAMPBELL
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
MARCELLA ROSE HOFELICH
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
RINA K RAI
MITCHELL J RESNICK
RICHARD L RIGHI
GREGORY A ROSENTHAL
GARY H BURGER
JAMES L BLAIR
RULING
The Court having reviewed Third-Party Defendant, Trussman’s Motion for
Reconsideration of Ruling Denying Motion for Leave to File and Serve Non-Party at Fault; and
good cause appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/21/2007
Docket Code 019
Form V000A
Page 2
IT IS ORDERED denying said Motion without response and without oral argument.

Michael K. Jeanes, Clerk of Court
*** Filed ***
03/27/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/22/2007
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
CHARLES D ONOFRY
RINA K RAI
JAMES L BLAIR
MICHAEL A LUDWIG
GARY H BURGER
ADAM B CAMPBELL
HOPE N KIRSCH
PAUL S KULAR
JOHN DUKE HARRIS
STEPHEN E JACKSON
MICHAEL J FRAZELLE
TIMOTHY ALLEN BUDD
KRISTA LEE FLETCHER
BRIAN R RUSSELL
JUDGMENT OF DISMISSAL WITH PREJUDICE
The Court having reviewed the Motion to Vacate March 8, 2007 Minute Entry Order and
Request for Entry of Order Dismissing Action with Prejudice as to Third-Party Defendant
Irriscape Construction, Inc., Only; and good cause appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/22/2007
Docket Code 047
Form V000A
Page 2
IT IS ORDERED granting said Motion.
IT IS FURTHER ORDERED dismissing Third-Party Defendant Irriscape Construction,
Inc. only with prejudice.
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Filed ***
03/29/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/26/2007
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
CHARLES D ONOFRY
RINA K RAI
JAMES L BLAIR
MICHAEL A LUDWIG
GARY H BURGER
ADAM B CAMPBELL
HOPE N KIRSCH
PAUL S KULAR
JOHN DUKE HARRIS
STEPHEN E JACKSON
MICHAEL J FRAZELLE
TIMOTHY ALLEN BUDD
KRISTA LEE FLETCHER
BRIAN R RUSSELL
JUDGMENT OF DISMISSAL WITH PREJUDICE
The Court having reviewed the Motion to Vacate August 22, 2006 Minute Entry Order
and Request for Entry of Order Dismissing Action with Prejudice as to Third-Party Defendants
Hatfield Reynolds Electric Company and RKT Electric, Inc., Only; and good cause appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/26/2007
Docket Code 047
Form V000A
Page 2
IT IS ORDERED granting said Motion and dismissing this case as to Third-Party
Defendants Hatfield Reynolds Electric Company and RKT Electric, Inc., only with prejudice.
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Filed ***
03/31/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/27/2008
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
KEVIN K BROERMAN
GARY H BURGER
ADAM B CAMPBELL
MARK T COLLINSWORTH
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
HOPE N KIRSCH
RINA K RAI
GREGORY A ROSENTHAL
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar as to R.T. Brown Mechanical, Inc. only for
dismissal on March 21, 2008 unless specified action was taken before a certain date. The date
has passed, and the action has not been taken.
IT IS ORDERED dismissing this case as to R.T. Brown Mechanical, Inc. without
prejudice for lack of prosecution.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
03/27/2008
Docket Code 047
Form V000A
Page 2
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
04/11/2006
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
FILED: 04/14/2006
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
JOHN A BURIC
ADAM B CAMPBELL
DARRELL S DUDZIK
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
DENISE J HENSLEE
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
SCOTT B HUMBLE
STEPHEN E JACKSON
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
GREGORY E WILLIAMS
CHARLES D ONOFRY

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
04/11/2006
Docket Code 019
Form V000A
Page 2
UNDER ADVISEMENT RULING
The Court having taken Third-Party Defendants RTK Electric, Inc. and Hatfield
Reynolds Electric Company’s Motion to Dismiss and Third-Party Defendants Hatfield Reynolds
Electric Company and RTK Electric, Inc.’s Motion to Dismiss Plaintiff’s Negligence and
Implied Warranty Claims Against Defendant Tibshernay under advisement; having reviewed the
memoranda of the parties and legal authorities cited therein; and good cause appearing,
IT IS ORDERED granting Third-Party Defendants’ Motion to Dismiss Third-Party
Plaintiffs’ claims other than their claims for either contractual or common law indemnity, as their
other claims are either duplicative of the indemnity claims or not permitted under Rule 14,
A.R.Civ.P.
IT IS FURTHER ORDERED denying Third-Party Defendants Hatfield Reynolds Electric
Company and RTK Electric, Inc.’s Motion to Dismiss Plaintiff’s Negligence and Implied
Warranty Claims Against Defendant Tibshernay, this Court finding that Plaintiff’s complaint as
pled states a claim for negligence and breach of warranty against the developer and general
contractor, upon which relief can be granted. It may later be appropriate for this Court to
consider a properly filed motion for summary judgment on one or more of the issues presented
herein.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/23/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
04/18/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
RINA K RAI
ADAM B CAMPBELL
MITCHELL J RESNICK
JAMES K KLOSS
WILLIAM D BISHOP
CHARLES D ONOFRY
HOPE N KIRSCH
KENNETH JANUSZEWSKI
BRIAN R RUSSELL
MARK T COLLINSWORTH
SCOTT B HUMBLE
INACTIVE CALENDAR
A Notice of Settlement as to Third-Party Defendants Structures, Inc. and Faith Plumbing,
Inc. has been received.
IT IS ORDERED placing this matter on the Inactive Calendar as to the claims between
Defendants/Third-Party Plaintiffs Astragal, LLC and George F. Tibsherany Development
Corporation and Third-Party Defendants Faith Plumbing, Inc. and Structures, Inc. only for
dismissal on May 25, 2007 without further notice unless prior to said date Judgment is entered or

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
04/18/2007
Docket Code 078
Form V000A
Page 2
filed, a Stipulation for Dismissal is presented, or a Motion to Set and Certificate of Readiness is
filed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
04/20/2006
Docket Code 906
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
FILED: 04/27/2006
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
DARRELL S DUDZIK
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
DENISE J HENSLEE
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
STEPHEN E JACKSON
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
RICHARD L RIGHI
GREGORY E WILLIAMS
GARY H BURGER
CHARLES D ONOFRY

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
04/20/2006
Docket Code 906
Form V000A
Page 2
RESPONSE TIME SET
The Court having received Defendant Astragal’s Motion for Partial Reconsideration, and
good cause appearing,
IT IS ORDERED that a response be filed no later than May 5, 2006.
IT IS FURTHER ORDERED that no reply and no argument will be required at this time.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/03/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
04/30/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
RINA K RAI
JAMES L BLAIR
GARY H BURGER
MITCHELL J RESNICK
ADAM B CAMPBELL
BRADLEY J JOHNSTON
MARK T COLLINSWORTH
BRIAN R RUSSELL
KENNETH JANUSZEWSKI
SCOTT B HUMBLE
HOPE N KIRSCH
GREGORY A ROSENTHAL
CHRIS R BANISZEWSKI
RULING
The Court having reviewed Defendants/Third-Party Plaintiffs’ Motion to Continue This
Matter On the Active Calendar as to Third-Party Defendants Faith Plumbing, Inc. and Structures,
Inc. Only, and good cause appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
04/30/2007
Docket Code 019
Form V000A
Page 2
IT IS ORDERED denying Defendants/Third-Party Plaintiffs’ Motion to Continue This
Matter on the Active Calendar as to Third-Party Defendants Faith Plumbing, Inc. and Structures,
Inc. Only.

Michael K. Jeanes, Clerk of Court
*** Filed ***
05/05/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
05/01/2008
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
KIMBERLY A BAXTER
WILLIAM D BISHOP
JASON J BLISS
TIMOTHY ALLEN BUDD
GARY H BURGER
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
05/01/2008
Docket Code 047
Form V000A
Page 2
RINA K RAI
MITCHELL J RESNICK
GREGORY A ROSENTHAL
JODI LEE SKEEL
DENISE J WACHHOLZ
KENNETH W WELSH
CARL E ZEISE
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar for dismissal on April 22, 2008 as to Century
Roofing, Inc. and Central Valley Specialties unless specified action was taken before a certain
date. The date has passed, and the action has not been taken.
IT IS ORDERED dismissing this case as to Century Roofing, Inc. and Central Valley
Specialties without prejudice for lack of prosecution.
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Filed ***
05/07/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
05/02/2007
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
MICHAEL J FRAZELLE
KENNETH JANUSZEWSKI
HOPE N KIRSCH
MICHAEL E PALUMBO
RINA K RAI
RICHARD L RIGHI
GREGORY A ROSENTHAL
BRIAN R RUSSELL
DENISE J WACHHOLZ
STEPHEN E JACKSON
GARY H BURGER
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar as to Third-Party Defendant Maricopa Plumbing
for dismissal on April 27, 2007 unless specified action was taken before a certain date. The date
has passed, and the action has not been taken.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
05/02/2007
Docket Code 047
Form V000A
Page 2
IT IS ORDERED dismissing this case as to Third-Party Defendant Maricopa Plumbing
only without prejudice for lack of prosecution.
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
05/24/2006
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
FILED: 05/29/2006
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
ADAM B CAMPBELL
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
DENISE J HENSLEE
MARCELLA ROSE HOFELICH
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
RICHARD L RIGHI
KENNETH W WELSH
WILLIAM M DEMLONG
GARY H BURGER
STEVEN E HARRISON
CHRIS R BANISZEWSKI
JOHN J BELANGER
TIMOTHY ALLEN BUDD
PRETRIAL CONFERENCE SET

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
05/24/2006
Docket Code 026
Form V000A
Page 2
The Court has received Third-Party Defendant Warren Hunter Builder, Inc.’s Request for
Rule 16 Scheduling Conference.
IT IS ORDERED setting a Pretrial Conference for July 24, 2006 at 11:00 a.m., in this
division. Counsel are to appear in person for this hearing.
E-Courtroom Policies
Courtroom 111 is an “e-courtroom” and provides state of the art equipment for case
presentation.
The e-courtroom does not have a court reporter present. With this new technology, a
court reporter is likely not required and the parties are encouraged to experience the court's
digital recording system before requesting a court reporter. If a court reporter is required, the
court must receive a written request at least 72 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed without
a court reporter.

Do not attempt to set up the court equipment by yourself! In addition, please do not
unplug, move, or in any way alter any of the equipment, microphones, cameras, etc. in the
courtroom.

Michael K. Jeanes, Clerk of Court
*** Filed ***
06/05/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
05/31/2007
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
ADAM B CAMPBELL
JAMES K KLOSS
RINA K RAI
MITCHELL J RESNICK
CHARLES D ONOFRY
HOPE N KIRSCH
KENNETH JANUSZEWSKI
BRIAN R RUSSELL
MARK T COLLINSWORTH
SCOTT B HUMBLE
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar as to Third-Party Defendants Structures, Inc. and
Faith Plumbing, Inc. for dismissal on May 25, 2007 unless specified action was taken before a
certain date. The date has passed, and the action has not been taken.
IT IS ORDERED dismissing this case as to Third-Party Defendants Structures, Inc. and
Faith Plumbing, Inc. only without prejudice for lack of prosecution.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
05/31/2007
Docket Code 047
Form V000A
Page 2
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
06/13/2006
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
FILED: 06/16/2006
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
DARRELL S DUDZIK
RINA K RAI
MICHAEL A LUDWIG
JAMES L BLAIR
GARY H BURGER
JAMES K KLOSS
WILLIAM D BISHOP
MITCHELL J RESNICK
PAUL S KULAR
CHARLES D ONOFRY
MICHAEL J FRAZELLE
ADAM B CAMPBELL
DANIEL A BEATTY
ANDREW R PESHEK
HOPE N KIRSCH
RICHARD L RIGHI
RULING
The Court having received Defendants Astragal’s Motion for Partial Reconsideration;
and good cause appearing,
IT IS ORDERED denying Defendants Astragal’s Motion for Partial Reconsideration, this
Court finding that Defendants’ claims against the affected sub-contractors is one of contingent
liability or indemnity, and not for breach of contract.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/06/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
07/02/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
WENDY N WEIGAND
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
07/02/2007
Docket Code 019
Form V000A
Page 2
RICHARD L RIGHI
GREGORY A ROSENTHAL
JODI LEE SKEEL
DENISE J WACHHOLZ
KENNETH W WELSH
RULING
The Court having reviewed the Stipulation and Order Re Dismissal of First Cause of
Action and Filing of Second Amended Complaint, and good cause appearing,
IT IS ORDERED granting said Stipulation.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
07/10/2006
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
FILED: 07/12/2006
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
DENISE J HENSLEE
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
STEPHEN E JACKSON
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
RICHARD L RIGHI
KENNETH W WELSH
GREGORY E WILLIAMS
STEVEN E HARRISON

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
07/10/2006
Docket Code 002
Form V000A
Page 2
PETER C BROWN
HEARING VACATED
The Court having received Third-Party Defendant Warren Hunter Builder, Inc.’s
Withdrawal of Request for Rule 16 Scheduling Conference; and good cause appearing,
IT IS ORDERED vacating the Pretrial Conference set for July 24, 2006 in this division.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
07/26/2006
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
FILED: 07/31/2006
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
ADAM B CAMPBELL
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
DENISE J HENSLEE
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
RICHARD L RIGHI
KENNETH W WELSH
CHRIS R BANISZEWSKI
TIMOTHY ALLEN BUDD
JEFFREY D HOLLAND
GARY H BURGER

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
07/26/2006
Docket Code 078
Form V000A
Page 2
INACTIVE CALENDAR
A Notice of Settlement has been received as to the claims between Universal
Underground, Inc. and Plaintiff Astragal Condominium Unit Owners Association, Third-Party
Plaintiffs Astragal, LLC and George F. Tibsherany Development Corp. only.
IT IS ORDERED placing this matter as to the claims between Universal Underground,
Inc. and Plaintiff Astragal Condominium Unit Owners Association, Third-Party Plaintiffs
Astragal, LLC and George F. Tibsherany Development Corp. only on the Inactive Calendar for
dismissal on September 1, 2006 without further notice unless prior to said date Judgment is
entered or filed, a Stipulation for Dismissal is presented, or a Motion to Set and Certificate of
Readiness is filed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/27/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
07/26/2007
Docket Code 073
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
ADAM B CAMPBELL
PETER C KELLY
HOPE N KIRSCH
PAUL S KULAR
RINA K RAI
GREGORY A ROSENTHAL
MARK T COLLINSWORTH
BRIAN R RUSSELL
SCOTT B HUMBLE
MOTION WITHDRAWN
The Court has received Third-Party Defendant Diversified Drywall, Inc.’s Notice of
Withdrawal of Its Motion for Leave to Retain a Structural Engineer and Enlarge Time for
Disclosure of Expert Opinions.
IT IS ORDERED that said Motion is withdrawn and deemed moot.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/15/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/10/2007
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/10/2007
Docket Code 003
Form V000A
Page 2
RICHARD L RIGHI
GREGORY A ROSENTHAL
JODI LEE SKEEL
DENISE J WACHHOLZ
KENNETH W WELSH
HEARING RESET
On the Court’s own motion,
IT IS ORDERED changing the time of the Final Pretrial Conference and Oral Argument
on Motions in Limine set for February 11, 2008 from 8:30 a.m. to 9:45 a.m.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/20/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/15/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/15/2007
Docket Code 023
Form V000A
Page 2
RICHARD L RIGHI
GREGORY A ROSENTHAL
JODI LEE SKEEL
DENISE J WACHHOLZ
KENNETH W WELSH
ORDER ENTERED BY COURT
IT IS ORDERED clarifying this Court’s minute entry dated August 10, 2007 as follows:
the original date for the Final Pretrial Conference and Oral Argument on Motions in Limine was
set for February 18, 2008 which was subsequently vacated and reset to February 25, 2008 at 8:30
a.m. The Court on its own motion has moved the Final Pretrial Conference and Oral Argument
on Motions in Limine from February 25, 2008 to February 11, 2008 at 9:45 a.m. (2 hours
allotted).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

08/16/2005

Docket Code 084
Form V000A
Page 1

CLERK OF THE COURT
HON. PAUL A KATZ
B. Navarro

Deputy

FILED: 08/22/2005

ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
KAREN R FROSTROM

v.

ASTRAGAL L L C, et al.
WENDY N WEIGAND

PRETRIAL SCHEDULING CONFERENCE SET
and
CONTINUED ON THE INACTIVE CALENDAR

The Court has received the parties’ Joint Request to Return Case to the Active Calendar and
Request for Rule 16(b) Pretrial Conference.

IT IS ORDERED setting a Pretrial Scheduling Conference for September 29, 2005 at
9:00 a.m., in this division.1

IT IS FURTHER ORDERED continuing this matter on the Inactive Calendar until
September 29, 2005.

IT IS FURTHER ORDERED that by September 26, 2005, the parties shall submit to the
Court a Joint Pretrial Memorandum setting forth the following:

1. The parties proposed schedule for additional discovery including
depositions and all other discovery pursuant to the rules of procedure or
as agreed upon by the parties. NOTE: The date for disclosure of non-

1 Effective September 12, 2005, Judge Katz will be located at the Northeast Regional Court Complex, 18380 N. 40th
Street, Courtroom 111, Phoenix, AZ 85032

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

08/16/2005

Docket Code 084
Form V000A
Page 2

expert witnesses must be at least forty-five days before the completion of
discovery.

2. The parties' proposed schedule for disclosure of expert witnesses and
designation pursuant to Rule 26(b)(4). NOTE: The disclosure should
be within ninety days of the scheduling conference except upon a
showing of good cause.

3. The parties' proposed schedule for any agreed upon amendments to the
pleadings and any requested amendments to the pleadings.

4. The parties' proposed date for a settlement conference.

5. The parties' proposed date for trial. NOTE: The parties should come to
the scheduling conference with the trial calendars of the attorneys
responsible for trial.

If there are any discovery disputes, they must be filed with the Court by motion at least ten
days prior to the scheduling conference. A response must be filed not less than three days prior to
the conference. No reply will be filed. The Court will assess any appropriate sanction if the Court
finds that any party or attorney engaged in unreasonable, groundless, abusive or obstructionist
discovery.

E-Courtroom Policies

Courtroom 111 is an “e-courtroom” and provides state of the art equipment for case
presentation.

The e-courtroom does not have a court reporter present. With this new technology, a
court reporter is likely not required and the parties are encouraged to experience the court's
digital recording system before requesting a court reporter. If a court reporter is required, the
court must receive a written request at least 72 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed without
a court reporter.

Do not attempt to set up the court equipment by yourself! In addition, please do not
unplug, move, or in any way alter any of the equipment, microphones, cameras, etc. in the
courtroom.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/24/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/20/2007
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/20/2007
Docket Code 003
Form V000A
Page 2
RICHARD L RIGHI
GREGORY A ROSENTHAL
JODI LEE SKEEL
DENISE J WACHHOLZ
KENNETH W WELSH
HEARING RESET
The Court having been made aware that responses to motions in limine will not be filed
until February 12, 2008, and good cause appearing,
IT IS ORDERED vacating Oral Argument on Motions in Limine and the Final Pretrial
Conference set for February 11, 2008 and resetting the same for February 25, 2008 at 8:30 a.m.
(2 hours allotted) in this division.

Michael K. Jeanes, Clerk of Court
*** Filed ***
08/25/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/22/2006
Docket Code 047
Form V047
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
ADAM B CAMPBELL
DARRELL S DUDZIK
MICHAEL J FRAZELLE
DENISE J HENSLEE
MARCELLA ROSE HOFELICH
STEPHEN E JACKSON
HOPE N KIRSCH
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
RINA K RAI
MITCHELL J RESNICK
RICHARD L RIGHI
KENNETH W WELSH
GREGORY E WILLIAMS
GARY H BURGER
DANIEL A BEATTY
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar for dismissal as to Integrated Electrical Services,
Inc., and all of its subsidiaries, including RKT Electric, Inc., and Hatfield Reynolds Electric

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/22/2006
Docket Code 047
Form V047
Page 2
Company on August 14, 2006 unless specified action was taken before a certain date. The date
has passed, and the action has not been taken.
IT IS ORDERED dismissing this case as to Integrated Electrical Services, Inc., and all of
its subsidiaries, including RKT Electric, Inc., and Hatfield Reynolds Electric Company without
prejudice for lack of prosecution.
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/26/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/25/2008
Docket Code 530
Form V530H
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
SHAFFER PAINTING & DRYWALL
14791 KINAI COURT
APPLE VALLEY CA 92307
KIMBERLY A BAXTER
WILLIAM D BISHOP
JASON J BLISS
TIMOTHY ALLEN BUDD
GARY H BURGER
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
MARICOPA PLUMBING
CONTRACTOR INC
NO ADDRESS ON RECORD
DARRELL S DUDZIK
HATFIELD REYNOLDS ELECTRIC
COMPANY
NO ADDRESS ON RECORD
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/25/2008
Docket Code 530
Form V530H
Page 2
HOLMES-HALLY INDUSTRIES INC
NO ADDRESS ON RECORD
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MESA FRAMERS L L C
NO ADDRESS ON RECORD
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
TRIO FOREST PRODUCTS INC
NO ADDRESS ON RECORD
CASA FIRE PROTECTION INC
723 E UNIVERSITY DR
MESA AZ 85203
RINA K RAI
MITCHELL J RESNICK
MITCHELL J RESNICK
NO ADDRESS ON RECORD
GREGORY A ROSENTHAL
ROBERT ALLEN SHAFFER
NO ADDRESS ON RECORD
JODI LEE SKEEL
DENISE J WACHHOLZ
KENNETH W WELSH
CARL E ZEISE
COURT ADMIN-CIVIL-ARB DESK
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,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/25/2008
Docket Code 530
Form V530H
Page 3
IT IS ORDERED that all pleadings in this case be electronically filed.
The electronic filing system is currently available for use and mandatory eFiling will
commence on October 1, 2008. Filing by conventional means may continue until this mandatory
date. ALL FILINGS NOT EFILED AFTER THE MANDATORY DATE WILL NOT BE
CONSIDERED BY THE DIVISION UNTIL PROPERLY EFILED.
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
The e-filing system web site address is https://efiling.clerkofcourt.maricopa.gov. The site
contains supplemental training and other reference materials, including contact names and phone
numbers, to assist with any questions.
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/25/2008
Docket Code 530
Form V530H
Page 4
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.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/31/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/28/2006
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
WENDY N WEIGAND
TIMOTHY J BOJANOWSKI
TIMOTHY ALLEN BUDD
ADAM B CAMPBELL
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
RINA K RAI
RICHARD L RIGHI
N PATRICK HALL
DANIEL A BEATTY
GARY H BURGER
CHARLES D ONOFRY
TRIAL RESET
3:09 p.m. This is the time set for Status Conference. Plaintiff is represented by counsel,
John F. McGuire, who appears telephonically. Defendants/Third Party Plaintiffs are represented
by counsel, Wendy Weigand. R.A.P.I. is represented by counsel, Timothy A. Budd. Landa &
Assoc. are represented by counsel, James K. Kloss. Statewide Lighting of Arizona is represented

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/28/2006
Docket Code 029
Form V000A
Page 2
by counsel, Mike J. Frazelle. Cohaco Bldg. Spec. is represented by counsel, Patrick Hall. Mesa
Fully Formed is represented by counsel, Daniel A. Beatty. Warren Hunter Builders is
represented by counsel, Krista L. Fletcher. Cohaco Bldg. Spec. and Quality Builders are
represented by counsel, Adam B. Campbell. Willman & Sanetra and Universal Underground are
represented by counsel, Paul Kular. Maricopa Plumbing and Holmes Halley are represented by
counsel, Timothy Bojanowski. Air-Zona Systems Engr. is represented by counsel, Gary H.
Burger. Central Valley Specialties, Structures, Inc., Faith Plumbing and Diversified Drywall are
represented by counsel, Rina Rai. Century Roofing is represented by counsel, Richard Righi.
Irriscape, Hatfield Reynolds and RKS Electric are represented by counsel, Charles D. Onofry.
Trussman, Inc. is represented by counsel, Hope N. Kirsch, who appears telephonically.
A recording of this proceeding is being made by CD (FTR) in lieu of a court reporter.

Discussion is held regarding request for trial continuance.
IT IS ORDERED vacating the Final Pretrial Conference and Oral Argument on Motions
in Limine set for February 5, 2007 and the Trial set for February 20, 2007.
IT IS FURTHER ORDERED extending the stipulated deadline for requested
amendments to the pleadings to September 15, 2006.
IT IS FURTHER ORDERED:

1. This matter is set for trial to a jury on June 26, 2007 at 8:30 a.m.
Estimated length of trial is: 20 days.
THIS IS A FIRM TRIAL SETTING. If counsel have any pre-existing conflicts with said
trial date, they shall notify the Court, in writing, within two weeks from today's date.
Setting Oral Argument on Motions in Limine and a Final Pretrial Conference for
June 11, 2007 at 8:30 a.m. (time allotted: 1 day).

2. The joint pretrial statement in accordance with Rule 16(d), Arizona Rules of Civil
Procedure, is due by 5:00 p.m. on May 29, 2007. In addition to the information required by
Rule 16(d), counsel are to identify in/with the joint pretrial statement all deposition or other
transcribed testimony that may be offered at trial. The proposed testimony is to be identified by
reference to page and line numbers. Objections, if any, to such testimony, and the reasons for
such objections, are also to be set forth. Exhibits for trial shall be consecutively numbered

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/28/2006
Docket Code 029
Form V000A
Page 3
and presented to the Clerk for marking in accord with the joint pretrial statement. Please
DO NOT place exhibits in a notebook when submitting them to the Court.
Along with the joint pretrial statement, Counsel shall deliver to this division, a jointly-
completed time and witness estimate list. (A sample form is incorporated in this order). The
Court will use the list to predict the length of the trial for the jurors and to direct counsel to
follow the trial time limits established. Any time limitation set will be reasonable presumptive
limits subject to modification upon a showing of good cause. Counsel are reminded that,
excluding breaks, a typical jury trial day is approximately four and a half hours.
3. Motions in limine shall be due no later than May 29, 2007. Said motions must meet
the test of State v. Superior Court, 108 Ariz. 396, 499 P.2d 152 (1972): "The primary purpose of
a motion in limine is to avoid disclosing to the jury prejudicial matters which may compel a
mistrial."
4. Responses to motions in limine shall be due no later than June 5, 2007. No replies
shall be filed.
5. No less than five (5) judicial days prior to trial, counsel (or the parties) shall file:
A. Requested jury instructions and any voir dire questions counsel request that
the Court ask.
The Judge would appreciate counsel providing a copy of the jury instruction
requests on IBM-compatible double-sided, high density 3.5 inch diskettes, in
Microsoft Word.
B. Any trial memoranda (optional), which will be in lieu of post-trial briefs
unless otherwise requested by the Court at the conclusion of the trial.
C. Proposed findings of fact and conclusions of law (if a request for findings of
fact and conclusions of law has been or will be filed).
6. All motions (except motions in limine) shall be filed no later than February 26, 2007
so they can be scheduled, briefed, argued and decided prior to trial.

7. At least one week before trial, the trial lawyers shall make an appointment for
themselves or their knowledgeable assistants to meet with the Clerk of this division (602-372-
7725) to present all exhibits and a list of exhibit descriptions. All trial exhibits shall have been
exchanged prior to that time. No duplicate exhibits shall be presented for marking. If either

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/28/2006
Docket Code 029
Form V000A
Page 4
party fails to comply with the steps for marking exhibits, that party’s exhibits may be
precluded from being marked at trial. Please DO NOT place exhibits in a notebook when
submitting them to the Court.
8. Opinions of experts fairly sought and revealed in deposition or other discovery shall
not be supplemented at trial.
9. The witness and exhibit lists shall contain no surprises; any information sought by
other discovery devices and revealed for the first time on the witness or exhibit lists will be
inadmissible at trial.
10. All documents and pleadings described above shall be hand-delivered, telefaxed or e-
mailed to opposing counsel on the date they are delivered to the Court.
TIME ESTIMATES FOR TRIAL
CAUSE NUMBER_______________________________________
CASE CAPTION________________________________________
PLAINTIFF'S COUNSEL__________________________________
DEFENDANT'S COUNSEL________________________________
(NOTE: Add additional lines as needed for additional parties and or witnesses.)
Opening Statement and Closing Argument
PLAINTIFF'S OPENING STATEMENT
DEFENDANT'S OPENING
PLAINTIFF'S CLOSING
DEFENDANT'S CLOSING
PLAINTIFF'S REBUTTAL
Estimate of Time for Witness Examination
PLAINTIFF'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
DEFENDANT'S
DIRECT
CROSS
REDIRECT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
08/28/2006
Docket Code 029
Form V000A
Page 5
WITNESSES
EXAMINATION
EXAMINATION
EXAMINATION
The foregoing are based on the best estimates of counsel of the time reasonably needed to
complete the necessary examination of the witnesses listed.
__________________________
_______________________
Counsel for Plaintiff
Counsel for Defendant
3:37 p.m. Hearing concludes.
E-Courtroom Policies
Courtroom 111 is an “e-courtroom” and provides state of the art equipment for case
presentation.
The e-courtroom does not have a court reporter present. With this new technology, a
court reporter is likely not required and the parties are encouraged to experience the court's
digital recording system before requesting a court reporter. If a court reporter is required, the
Court must receive a written request at least 72 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed without
a court reporter.

Do not attempt to set up the equipment by yourself! In addition, please do not unplug,
move, or in any way alter any of the equipment, microphones, cameras, etc. in the courtroom.

Michael K. Jeanes, Clerk of Court
*** Filed ***
09/13/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
09/07/2006
Docket Code 047
Form V047
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
RINA K RAI
MICHAEL A LUDWIG
ADAM B CAMPBELL
JAMES L BLAIR
MITCHELL J RESNICK
WILLIAM D BISHOP
DANIEL A BEATTY
GARY H BURGER
JAMES K KLOSS
PAUL S KULAR
CHARLES D ONOFRY
MICHAEL J FRAZELLE
HOPE N KIRSCH
STEPHEN E JACKSON
BRADLEY J JOHNSTON
RICHARD L RIGHI
MICHAEL E PALUMBO
JOHN J BELANGER
TIMOTHY ALLEN BUDD
KENNETH W WELSH
KRISTA LEE FLETCHER
STEVEN E HARRISON

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
09/07/2006
Docket Code 047
Form V047
Page 2
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar as to the claims between Universal Underground,
Inc. and Plaintiff Astragal Condominium Unit Owners Association, Third-Party Plaintiffs
Astragal, LLC and George F. Tibsherany Development Corp. only for dismissal on September 1,
2006 unless specified action was taken before a certain date. The date has passed, and the action
has not been taken.
IT IS ORDERED dismissing this case as to the claims between Universal Underground,
Inc. and Plaintiff Astragal Condominium Unit Owners Association, Third-Party Plaintiffs
Astragal, LLC and George F. Tibsherany Development Corp. only without prejudice for lack of
prosecution.
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/28/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
09/26/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
TIMOTHY ALLEN BUDD
ADAM B CAMPBELL
KRISTA LEE FLETCHER
JOHN DUKE HARRIS
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
HOPE N KIRSCH
JAMES K KLOSS
MICHAEL A LUDWIG
MICHAEL E PALUMBO
RINA K RAI
MITCHELL J RESNICK
RICHARD L RIGHI
CHRIS R BANISZEWSKI
DENISE J HENSLEE
RENAUD COOK DRURY MESAROS
ONE N CENTRAL AVE #900
PHOENIX AZ 85004
CHARLES D ONOFRY
MICHAEL J FRAZELLE
JEFFREY D HOLLAND
GARY H BURGER

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
09/26/2007
Docket Code 094
Form V000A
Page 2
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on the Joint Motion for Partial Summary
Judgment Filed on Behalf of Willman & Sanetra Plastering, Inc. and Astragal, LLC and
George F. Tibsherany Development, Corp. for November 9, 2007 at 8:30 a.m., in this division.
IT IS FURTHER ORDERED as follows:

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.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

09/29/2005

Docket Code 004
Form V000A
Page 1

CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski

Deputy

FILED: 10/04/2005

ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE

v.

ASTRAGAL L L C, et al.
CRAIG A MCCARTHY

DARRELL S DUDZIK
TIMOTHY MACKEY
RINA K RAI

HEARING CONTINUED

9:01 a.m. This is the time set for Rule 16 Comprehensive Pretrial Conference. Plaintiff
is represented by counsel, John F. McGuire. Defendants are represented by counsel, Craig A.
McCarthy. Third-Party Defendant Faith Plumbing is represented by counsel, Rina K. Rai.
Third-Party Defendant American Woodmark is represented by counsel, Darrell S. Dudzik.
Third-Party Defendant Quality Builders is represented by counsel, Timothy Mackey.

A recording of this proceeding is being made by CD (FTR) in lieu of a court reporter.

Discussion is held regarding status of the case.

IT IS ORDERED continuing today’s Rule 16 Comprehensive Pretrial Conference to
November 21, 2005 at 1:30 p.m. in this division (90 minutes allocated).

IT IS FURTHER ORDERED that by November 16, 2005, counsel for the parties who
have already appeared as well as counsel for any new parties that have been served and have
answered or otherwise appeared will meet and confer prior to the scheduled pretrial conference
for purposes of putting together a revised Joint Pretrial Memorandum setting forth the following:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

09/29/2005

Docket Code 004
Form V000A
Page 2

1. The parties proposed schedule for additional discovery including
depositions and all other discovery pursuant to the rules of procedure or
as agreed upon by the parties. NOTE: The date for disclosure of non-
expert witnesses must be at least forty-five days before the completion of
discovery.

2. The parties' proposed schedule for disclosure of expert witnesses and
designation pursuant to Rule 26(b)(4). NOTE: The disclosure should
be within ninety days of the scheduling conference except upon a
showing of good cause.

3. The parties' proposed schedule for any agreed upon amendments to the
pleadings and any requested amendments to the pleadings.

4. The parties' proposed date for a settlement conference.

5. The parties' proposed date for trial. NOTE: The parties should come to
the scheduling conference with the trial calendars of the attorneys
responsible for trial.

If there are any discovery disputes, they must be filed with the Court by motion at least ten
days prior to the scheduling conference. A response must be filed not less than three days prior to
the conference. No reply will be filed. The Court will assess any appropriate sanction if the Court
finds that any party or attorney engaged in unreasonable, groundless, abusive or obstructionist
discovery.

IT IS FURTHER ORDERED the Third-Party Defendants that have entered their
appearance in these proceedings and any new Third-Party Defendants who should answer or
otherwise appear in this matter are instructed to immediately contact Plaintiff’s and Defendant’s
counsel for purposes of making arrangements to procure copies of previously served disclosure
statements and answers to written discovery as well as making arrangements to review the
documents and exhibits that have been compiled by the parties and placed in a central registry.

9:40 a.m. Hearing concludes.

E-Courtroom Policies

Courtroom 111 is an “e-courtroom” and provides state of the art equipment for case
presentation.

The e-courtroom does not have a court reporter present. With this new technology, a
court reporter is likely not required and the parties are encouraged to experience the court's
digital recording system before requesting a court reporter. If a court reporter is required, the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

09/29/2005

Docket Code 004
Form V000A
Page 3

court must receive a written request at least 72 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed without
a court reporter.

Do not attempt to set up the court equipment by yourself! In addition, please do not
unplug, move, or in any way alter any of the equipment, microphones, cameras, etc. in the
courtroom.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/10/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/07/2006
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski/T. Ross
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
RINA K RAI
MICHAEL A LUDWIG
ADAM B CAMPBELL
JAMES L BLAIR
MITCHELL J RESNICK
WILLIAM D BISHOP
DANIEL A BEATTY
GARY H BURGER
JAMES K KLOSS
PAUL S KULAR
CHARLES D ONOFRY
MICHAEL J FRAZELLE
HOPE N KIRSCH
STEPHEN E JACKSON
BRADLEY J JOHNSTON
RICHARD L RIGHI
MICHAEL E PALUMBO
JOHN J BELANGER
TIMOTHY ALLEN BUDD
KENNETH W WELSH
KRISTA LEE FLETCHER
STEVEN E HARRISON

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/07/2006
Docket Code 094
Form V000A
Page 2
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Third Party Defendant Landa &
Associates, Inc.’s Motion for Summary Judgment for January 8, 2007 at 1:30 p.m., in this
division.
IT IS FURTHER ORDERED as follows:

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.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.
E-Courtroom Policies
Courtroom 111 is an “e-courtroom” and provides state of the art equipment for case
presentation.
The e-courtroom does not have a court reporter present. With this new technology, a
court reporter is likely not required and the parties are encouraged to experience the court's
digital recording system before requesting a court reporter. If a court reporter is required, the
court must receive a written request at least 72 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed without
a court reporter.

Do not attempt to set up the court equipment by yourself! In addition, please do not
unplug, move, or in any way alter any of the equipment, microphones, cameras, etc. in the
courtroom.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/08/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/07/2007
Docket Code 906
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
ADAM B CAMPBELL
MARK T COLLINSWORTH
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
RINA K RAI
MITCHELL J RESNICK
GREGORY A ROSENTHAL
BRIAN R RUSSELL
RICHARD L RIGHI
GARY H BURGER
M DUNCAN SCOTT
JAMES K KLOSS
RESPONSE TIME SET
The Court having received Third-Party Defendants Central Valley Specialties, Inc.,
Diversified Drywall, Inc., and RT Brown Mechanical, Inc.’s Motion for Reconsideration and
Clarification and Third-Party Defendant Century Roofing, Inc.’s Joinder, and good cause
appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/07/2007
Docket Code 906
Form V000A
Page 2
IT IS ORDERED that a response to both motions for reconsideration shall be filed no
later than November 16, 2007.
IT IS FURTHER ORDERED that no replies will be filed and no oral argument is
required at this time.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/16/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/09/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
KIMBERLY A BAXTER
WILLIAM D BISHOP
JASON J BLISS
TIMOTHY J BOJANOWSKI
KEVIN K BROERMAN
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/09/2007
Docket Code 094
Form V000A
Page 2
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
GREGORY A ROSENTHAL
DENISE J WACHHOLZ
KENNETH W WELSH
BRIAN R RUSSELL
RICHARD L RIGHI
M DUNCAN SCOTT
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Third-Party Defendant Diversified
Drywall, Inc.’s Motion for Summary Judgment and Century Roofing, Inc.’s Motion for
Summary Judgment for January 4, 2008 at 9:45 a.m., in this division.
IT IS FURTHER ORDERED as follows:

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.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/16/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/09/2007
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
KIMBERLY A BAXTER
WILLIAM D BISHOP
JASON J BLISS
KEVIN K BROERMAN
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
KENNETH JANUSZEWSKI
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/09/2007
Docket Code 020
Form V000A
Page 2
MITCHELL J RESNICK
GREGORY A ROSENTHAL
DENISE J WACHHOLZ
KENNETH W WELSH
IAN C FUSSELMAN
SCOTT B HUMBLE
MATTER UNDER ADVISEMENT
8:33 a.m. This is the time set for Oral Argument on the Joint Motion for Partial
Summary Judgment Filed On Behalf of Willman & Sanetra Plastering, Inc., Astragal, LLC and
George F. Tibsherany Development, Corp. Plaintiff is represented by counsel, Ian C. Fusselman.
Defendant/Third-Party Plaintiff Astragal is represented by counsel, Craig A. McCarthy and
Wendy Weigand. Willman & Sanetra is represented by counsel, Kenneth Januszewski. Quality
Builders is represented by counsel, Jason J. Bliss and Adam B. Campbell. Diversified Drywall,
Central Valley Specialties and R.T. Brown Mechanical are represented by counsel, Rina K. Rai.
Century Roofing is represented by counsel, Scott B. Humble.
Court Reporter, Kim Hannan, is present.
Arguments are heard.
IT IS ORDERED taking the Joint Motion for Partial Summary Judgment Filed On Behalf
of Willman & Sanetra Plastering, Inc., Astragal, LLC and George F. Tibsherany Development,
Corp. under advisement.
9:00 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

11/21/2005

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski

Deputy

FILED: 11/29/2005

ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
LISA M BOROWSKY

v.

ASTRAGAL L L C, et al.
CRAIG A MCCARTHY

MICHAEL J FRAZELLE
JOHN DUKE HARRIS
JAMES K KLOSS
PAUL S KULAR
ANDREW R PESHEK
GREGORY E WILLIAMS
DARRELL S DUDZIK
TIMOTHY J BOJANOWSKI
N PATRICK HALL
WILLIAM D BISHOP
RICHARD BRUMBAUGH JR.
TERRENCE P WOODS
SCOTT B HUMBLE
MARCELLA ROSE HOFELICH
DENISE J HENSLEE

JURY TRIAL SET

1:33 p.m. This is the time set for Pretrial Scheduling Conference. Plaintiff is represented
by counsel, Lisa M. Borowsky. Defendants are represented by counsel, Craig A. McCarthy and
Wendy N. Wigand. Third Party Defendant American Woodmark Corporation is represented by
counsel, Darrell Dudzik. Third Party Defendant Central Valley Specialties, Inc., Faith Plumbing,
Inc., R.A.P.I. Ltd. and Maldonado Masonry, LLC are represented by counsel, Gregory E.
Williams. Third Party Defendant Holmes-Hally Industries, Air-Zona Systems Engineering, Inc.,
Maricopa Plumbing and Custom Plus Stairs, Inc. are represented by counsel, Tim Bojanowski.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

11/21/2005

Docket Code 089
Form V000A
Page 2

Hook Engineering is represented by counsel, Heather Hooks, who appears on behalf of Denise J.
Henslee. Quality Builders, Inc. and Cohaco Building Specialties, Inc. are represented by
counsel, Patrick Hall. Landa & Associates is represented by counsel, James K. Kloss. Redi-
Carpet Sales of Arizona, Inc. is represented by counsel, William Bishop. Super Lath & Stucco,
Inc. and Maldonado Masonry, LLC are represented by counsel, Richard Brumbaugh, Jr.
Universal Underground, Inc., American Woodmark Corp. and Willman & Sanetra Plastering,
Inc. are represented by counsel, Paul S. Kular. Statewide Lighting of Arizona, Inc. is
represented by counsel, Michael J. Frazelle. Mesa Fully Formed, Inc. is represented by counsel,
John D. Harris. Harper Stone & Tile is represented by counsel, Andrew Peshek. Trussman, Inc.
is represented by counsel, Terrence P. Woods. Century Roofing, Inc. is represented by counsel,
Scott Humble. Hatfield Reynolds Electric Co., RTK Electric Co. and Irriscape Construction,
Inc. are represented by counsel, Marcella Hofelich.

A recording of this proceeding is being made by CD (FTR) in lieu of a court reporter.

Discussion is held.

IT IS ORDERED:

1.
Adopting the stipulated deadlines set forth in the parties’ Revised Joint Rule 16(b)
Scheduling Conference Memorandum filed on or about November 17, 2005.
With respect to subparagraphs 8, 9 and 10 the Court will adopt the dates that were
proposed by the Defendants and the Third Party Defendants. With respect to
subparagraph 11, the Court adopts the April 26, 2006 deadline for the expression
of final opinions. The parties have stipulated or agreed to the May 16, 2006
deadline in subparagraph 12 and the July 3, 2006 deadline in subparagraph 13.

2.
The parties have advised the Court that they anticipate participating in a private
mediation.

IT IS FURTHER ORDERED:

1. This matter is set for trial to a jury on February 20, 2007 at 8:30 a.m.

Estimated length of trial is: 4-6 weeks.

THIS IS A FIRM TRIAL SETTING. If counsel have any pre-existing conflicts with said
trial date, they shall notify the Court, in writing, within five (5) days from today's date.

Setting oral argument on motions in limine and a Final Pretrial Conference for
February 5, 2007 at 8:30 a.m. (time allotted: all day).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

11/21/2005

Docket Code 089
Form V000A
Page 3

Setting an interim Status Conference on August 28, 2006 at 3:00 p.m. (time allotted: 30
minutes).

2. The joint pretrial statement in accordance with Rule 16(d), Arizona Rules of Civil
Procedure, is due by 5:00 p.m. on January 23, 2007. In addition to the information required by
Rule 16(d), counsel are to identify in/with the joint pretrial statement all deposition or other
transcribed testimony that may be offered at trial. The proposed testimony is to be identified by
reference to page and line numbers. Objections, if any, to such testimony, and the reasons for
such objections, are also to be set forth. Exhibits for trial shall be consecutively numbered
and presented to the Clerk for marking in accord with the joint pretrial statement. Please
DO NOT place exhibits in a notebook when submitting them to the Court.

Along with the joint pretrial statement, Counsel shall deliver to this division, a jointly-
completed time and witness estimate list. (A sample form is incorporated in this order). The
Court will use the list to predict the length of the trial for the jurors and to direct counsel to
follow the trial time limits established. Any time limitation set will be reasonable presumptive
limits subject to modification upon a showing of good cause. Counsel are reminded that,
excluding breaks, a typical jury trial day is approximately four and a half hours.

3. Motions in limine shall be due no later than January 23, 2007. Said motions must
meet the test of State v. Superior Court, 108 Ariz. 396, 499 P.2d 152 (1972): "The primary
purpose of a motion in limine is to avoid disclosing to the jury prejudicial matters which may
compel a mistrial."

4. Responses to motions in limine shall be due no later than January 30, 2007. No
replies shall be filed.

5. No less than five (5) judicial days prior to trial, counsel (or the parties) shall file:

A. Requested jury instructions and any voir dire questions counsel request that
the Court ask.

The Judge would appreciate counsel providing a copy of the jury instruction
requests on IBM-compatible double-sided, high density 3.5 inch diskettes, in
Microsoft Word.

B. Any trial memoranda (optional), which will be in lieu of post-trial briefs
unless otherwise requested by the Court at the conclusion of the trial.

C. Proposed findings of fact and conclusions of law (if a request for findings of
fact and conclusions of law has been or will be filed).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

11/21/2005

Docket Code 089
Form V000A
Page 4

6. All motions (except motions in limine) shall be filed no later than November 20, 2006
so they can be scheduled, briefed, argued and decided prior to trial.

7. At least one week before trial, the trial lawyers shall make an appointment for
themselves or their knowledgeable assistants to meet with the Clerk of this division (602-372-
7725) to present all exhibits and a list of exhibit descriptions. All trial exhibits shall have been
exchanged prior to that time. No duplicate exhibits shall be presented for marking. If either
party fails to comply with the steps for marking exhibits, that party’s exhibits may be
precluded from being marked at trial. Please DO NOT place exhibits in a notebook when
submitting them to the Court.

8. Opinions of experts fairly sought and revealed in deposition or other discovery shall
not be supplemented at trial.

9. The witness and exhibit lists shall contain no surprises; any information sought by
other discovery devices and revealed for the first time on the witness or exhibit lists will be
inadmissible at trial.

10. All documents and pleadings described above shall be hand-delivered, telefaxed or e-
mailed to opposing counsel on the date they are delivered to the Court.

TIME ESTIMATES FOR TRIAL

CAUSE NUMBER_______________________________________
CASE CAPTION________________________________________
PLAINTIFF'S COUNSEL__________________________________
DEFENDANT'S COUNSEL________________________________
(NOTE: Add additional lines as needed for additional parties and or witnesses.)

Opening Statement and Closing Argument

PLAINTIFF'S OPENING STATEMENT

DEFENDANT'S OPENING

PLAINTIFF'S CLOSING

DEFENDANT'S CLOSING

PLAINTIFF'S REBUTTAL

Estimate of Time for Witness Examination

PLAINTIFF'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

11/21/2005

Docket Code 089
Form V000A
Page 5

DEFENDANT'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION

The foregoing are based on the best estimates of counsel of the time reasonably needed to
complete the necessary examination of the witnesses listed.
__________________________

_______________________
Counsel for Plaintiff

Counsel for Defendant

2:06 p.m. Matter concludes.

E-Courtroom Policies

Courtroom 111 is an “e-courtroom” and provides state of the art equipment for case
presentation.

The e-courtroom does not have a court reporter present. With this new technology, a
court reporter is likely not required and the parties are encouraged to experience the court's
digital recording system before requesting a court reporter. If a court reporter is required, the
Court must receive a written request at least 72 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed without
a court reporter.

Do not attempt to set up the equipment by yourself! In addition, please do not unplug,
move, or in any way alter any of the equipment, microphones, cameras, etc. in the courtroom.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/23/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/21/2006
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
IAN C FUSSELMAN
RINA K RAI
MICHAEL A LUDWIG
JAMES L BLAIR
GARY H BURGER
JAMES K KLOSS
WILLIAM D BISHOP
MITCHELL J RESNICK
PAUL S KULAR
CHARLES D ONOFRY
MICHAEL J FRAZELLE
ADAM B CAMPBELL
STEVEN E HARRISON
RICHARD L RIGHI
DANIEL A BEATTY
HOPE N KIRSCH
BRADLEY J JOHNSTON
KENNETH W WELSH
CHRIS R BANISZEWSKI
MICHAEL E PALUMBO
JOHN J BELANGER
TIMOTHY ALLEN BUDD
WILLIAM M DEMLONG

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/21/2006
Docket Code 078
Form V000A
Page 2
INACTIVE CALENDAR
A Notice of Settlement has been received as to Redi-Carpet Sales of Arizona, Inc.,
Western Door & Trim, R.A.P.I., Ltd., Cohaco Building Specialties, Inc., Homes-Hally
Industries, Inc., Energy Efficient Window & Door, LLC, and Mesa Fully Formed, Inc.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on
December 29, 2006 as to Redi-Carpet Sales of Arizona, Inc., Western Door & Trim, R.A.P.I.,
Ltd., Cohaco Building Specialties, Inc., Homes-Hally Industries, Inc., Energy Efficient Window
& Door, LLC, and Mesa Fully Formed, Inc. only without further notice unless prior to said date
Judgment is entered or filed, a Stipulation for Dismissal is presented, or a Motion to Set and
Certificate of Readiness is filed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/23/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/21/2006
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
RINA K RAI
ADAM B CAMPBELL
MITCHELL J RESNICK
MICHAEL A LUDWIG
GARY H BURGER
JAMES K KLOSS
DENISE J HENSLEE
WILLIAM D BISHOP
DANIEL A BEATTY
MICHAEL J FRAZELLE
CHARLES D ONOFRY
HOPE N KIRSCH
PAUL S KULAR
STEPHEN E JACKSON
BRADLEY J JOHNSTON
RICHARD L RIGHI
JEFFREY D HOLLAND
MICHAEL E PALUMBO
TIMOTHY ALLEN BUDD
KENNETH W WELSH
ORAL ARGUMENT SET

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/21/2006
Docket Code 094
Form V000A
Page 2
IT IS ORDERED setting Oral Argument on Third-Party Defendants Faith Plumbing,
Inc., Central Valley Specialties, Inc., Diversified Drywall, Inc., and Structures, Inc.’s Motion
for Summary Judgment for January 29, 2007 at 3:00 p.m., in this division.
IT IS FURTHER ORDERED as follows:

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.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.
E-Courtroom Policies
Courtroom 111 is an “e-courtroom” and provides state of the art equipment for case
presentation.
The e-courtroom does not have a court reporter present. With this new technology, a
court reporter is likely not required and the parties are encouraged to experience the court's
digital recording system before requesting a court reporter. If a court reporter is required, the
court must receive a written request at least 72 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed without
a court reporter.

Do not attempt to set up the court equipment by yourself! In addition, please do not
unplug, move, or in any way alter any of the equipment, microphones, cameras, etc. in the
courtroom.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/23/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/21/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
T. Ross
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
JASON J BLISS
ADAM B CAMPBELL
MITCHELL J RESNICK
HOPE N KIRSCH
KENNETH JANUSZEWSKI
BRIAN R RUSSELL
PETER C KELLY
MARK T COLLINSWORTH
RINA K RAI
RICHARD L RIGHI
M DUNCAN SCOTT
GARY H BURGER
GREGORY A ROSENTHAL
MICKEY MCGUIRE
2550 FIFTH AVE 11TH FLOOR
SAN DIEGO CA 92103
ORDER ENTERED BY COURT
The Court having received Third-Party Defendant Quality Builders, Inc.’s Joinder in
Third-Party Defendants Central Valley Specialties, Inc., Diversified Drywall, Inc. and RT Brown
Mechanical, Inc.’s Motion for Reconsideration and Clarification,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/21/2007
Docket Code 023
Form V000A
Page 2
IT IS ORDERED that a response be filed no later than November 30, 2007.
IT IS FURTHER ORDERED that no reply or oral argument will be required at this time.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/29/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/28/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
T. Ross
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
BRIAN R RUSSELL
GARY H BURGER
WILLIAM D BISHOP
RINA K RAI
TIMOTHY ALLEN BUDD
PETER C KELLY
GREGORY A ROSENTHAL
ADAM B CAMPBELL
KEVIN K BROERMAN
HOPE N KIRSCH
SCOTT B HUMBLE
CHARLES D ONOFRY
MARK T COLLINSWORTH
JASON J BLISS
ORDER ENTERED BY COURT
The Court having received and considered Third-Party Defendant Willman & Sanetra
Plastering’s Request to Permit it to File Two Motions for Summary Judgment Beyond the
November 2, 2007 Dispositive Motion Deadline, Willman & Sanetra Plastering’s Motion for
Summary Judgment on Behalf of George Tibsherany Development, as to Plaintiff’s Claims

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
11/28/2007
Docket Code 023
Form V000A
Page 2
Against George Tibsherany Development, Separate Statement of Fact in Support of Willman &
Sanetra Plastering’s Motion for Summary Judgment on Behalf of George Tibsherany
Development, as to Plaintiff’s Claims Against George Tibsherany Development, and Willman &
Sanetra Plastering’s Motion to Dismiss Claims Made by Astragal, L.L.C. and George Tibsherany
Development, Corp., and good cause appearing,
IT IS ORDERED denying said request, unless the parties agree to an expedited briefing
schedule so that the proposed motions for summary judgment can be heard in conjunction with
the oral argument set for January 4, 2008.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

11/29/2005

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski

Deputy

FILED: 12/02/2005

ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
LISA M BOROWSKY

v.

ASTRAGAL L L C, et al.
CRAIG A MCCARTHY

WILLIAM D BISHOP
JOHN A BURIC
ADAM B CAMPBELL
DARRELL S DUDZIK
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
DENISE J HENSLEE
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
SCOTT B HUMBLE
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
ANDREW R PESHEK
MITCHELL J RESNICK
GREGORY E WILLIAMS
CHARLES D ONOFRY
GARY H BURGER

ORAL ARGUMENT SET

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2004-020236

11/29/2005

Docket Code 094
Form V000A
Page 2

IT IS ORDERED setting oral argument on Third-Party Defendants Hatfield Reynolds
Electric Company and RTK Electric, Inc.’s Motion to Dismiss Plaintiff’s Negligence and
Implied Warranty Claims Against Defendant Tibsherany for February 13, 2006 at 8:30 a.m.,
in this division.

IT IS FURTHER ORDERED as follows:

Oral argument shall not exceed five (5) 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.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.

E-Courtroom Policies

Courtroom 111 is an “e-courtroom” and provides state of the art equipment for case
presentation.

The e-courtroom does not have a court reporter present. With this new technology, a
court reporter is likely not required and the parties are encouraged to experience the court's
digital recording system before requesting a court reporter. If a court reporter is required, the
court must receive a written request at least 72 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed without
a court reporter.

Do not attempt to set up the court equipment by yourself! In addition, please do not
unplug, move, or in any way alter any of the equipment, microphones, cameras, etc. in the
courtroom.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/05/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
12/03/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
KIMBERLY A BAXTER
WILLIAM D BISHOP
JASON J BLISS
TIMOTHY J BOJANOWSKI
KEVIN K BROERMAN
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
12/03/2007
Docket Code 078
Form V000A
Page 2
ANDREW R PESHEK
RINA K RAI
MITCHELL J RESNICK
GREGORY A ROSENTHAL
DENISE J WACHHOLZ
KENNETH W WELSH
BRIAN R RUSSELL
SCOTT B HUMBLE
INACTIVE CALENDAR
A Notice of Settlement has been received.
IT IS ORDERED placing this matter on the Inactive Calendar as to the third-party
claims as to Century Roofing, Inc. and Central Valley Specialties, Inc. only for dismissal on
January 11, 2008 without further notice unless prior to said date Judgment is entered or filed, a
Stipulation for Dismissal is presented, or a Motion to Set and Certificate of Readiness is filed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/07/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
12/06/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
WILLIAM D BISHOP
JASON J BLISS
KEVIN K BROERMAN
TIMOTHY ALLEN BUDD
ADAM B CAMPBELL
MARK T COLLINSWORTH
KENNETH JANUSZEWSKI
PETER C KELLY
HOPE N KIRSCH
RINA K RAI
GREGORY A ROSENTHAL
BRIAN R RUSSELL
SCOTT B HUMBLE
GARY H BURGER
RULING
The Court having reviewed Willman & Sanetra’s Motion for Reconsideration Re:
Request to Permit It to File Two Motions for Summary Judgment Beyond the November 2, 2007
Dispositive Motion Deadline, and good cause appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
12/06/2007
Docket Code 019
Form V000A
Page 2
IT IS ORDERED denying Willman & Sanetra’s Motion for Reconsideration.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/11/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
12/06/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
T. Ross
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
ADAM B CAMPBELL
MARK T COLLINSWORTH
KENNETH JANUSZEWSKI
BRADLEY J JOHNSTON
PETER C KELLY
HOPE N KIRSCH
RINA K RAI
MITCHELL J RESNICK
GREGORY A ROSENTHAL
BRIAN R RUSSELL
RICHARD L RIGHI
GARY H BURGER
M DUNCAN SCOTT
ORDER ENTERED BY COURT
The Court has reviewed Third-Party Defendants Central Valley Specialties, Inc.,
Diversified Drywall, Inc., and RT Brown Mechanical, Inc.’s Motion for Reconsideration and
Clarification, and good cause appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
12/06/2007
Docket Code 023
Form V000A
Page 2
IT IS ORDERED clarifying this Court’s minute entry dated February 13, 2007 to show
this Court’s intent is not to completely preclude the indemnity issue. It is this Court’s intent that
the first sentence of the indemnification clause be stricken as against public policy. The
remainder of the indemnification clause is enforceable.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/11/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
12/06/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
T. Ross
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
ADAM B CAMPBELL
MARK T COLLINSWORTH
PETER C KELLY
HOPE N KIRSCH
PAUL S KULAR
RINA K RAI
GREGORY A ROSENTHAL
BRIAN R RUSSELL
JASON J BLISS
SCOTT SHUMBLE
TURLEY, SWAN & CHILDERS
3101 N CENTRAL AVE, #1300
PHOENIX AZ 85012
ERIC SMITH
THORSNES BARTOLOTTA MCGUIRE
14545 N FRANK LLOYD WRIGHT
#147
SCOTTSDALE AZ 85260
RULING

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
12/06/2007
Docket Code 019
Form V000A
Page 2
The Court having reviewed Third-Party Defendant Trussman, Inc.’s Joinder in Third-
Party Defendant Willman & Sanetra’s Motion for Summary Judgment on Behalf of George
Tibsherany Development, as to Plaintiff’s Claims Against George Tibsherany Development,
IT IS ORDERED deeming said joinder moot as this Court denied the filing of Third-
Party Defendant Trussman, Inc.’s Joinder in Third-Party Defendant Willman & Sanetra’s Motion
for Summary Judgment on Behalf of George Tibsherany Development, as to Plaintiff’s Claims
Against George Tibsherany Development.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/17/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
12/12/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
ASTRAGAL CONDOMINIUM UNIT OWNERS
ASSOCIATION
JOHN F MCGUIRE
v.
ASTRAGAL L L C, et al.
CRAIG A MCCARTHY
KIMBERLY A BAXTER
WILLIAM D BISHOP
JASON J BLISS
KEVIN K BROERMAN
TIMOTHY ALLEN BUDD
JOHN A BURIC
ADAM B CAMPBELL
MARK T COLLINSWORTH
DARRELL S DUDZIK
KRISTA LEE FLETCHER
MICHAEL J FRAZELLE
JOHN DUKE HARRIS
MARCELLA ROSE HOFELICH
YVONNE L HORACEK
958 W 1ST AVE
MESA AZ 85210
KENNETH JANUSZEWSKI
PETER C KELLY
HOPE N KIRSCH
JAMES K KLOSS
PAUL S KULAR
MICHAEL A LUDWIG
MICHAEL E PALUMBO
ANDREW R PESHEK
RINA K RAI

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-020236
12/12/2007
Docket Code 019
Form V000A
Page 2
MITCHELL J RESNICK
GREGORY A ROSENTHAL
DENISE J WACHHOLZ
KENNETH W WELSH
SCOTT B HUMBLE
IAN C FUSSELMAN
UNDER ADVISEMENT RULING
The Court having taken Defendant Willman & Sanetra Plastering, Inc.’s Joint Motion for
Partial Summary Judgment Filed on Behalf of Willman & Sanetra Plastering, Inc. and Astragal,
L.L.C. and George F. Tibsherany Development, Corp. under advisement; having reviewed the
memoranda of the parties and legal authorities cited therein; and good cause appearing,
IT IS ORDERED denying the Joint Motion for Partial Summary Judgment Filed on
Behalf of Willman & Sanetra Plastering, Inc. and Astragal, L.L.C. and George F. Tibsherany
Development, Corp.

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