01/24/2007 — CV2006053021 FREDERICK, HELEN H 01/24/2007 HONORABLE ROBERT C. HOUSER View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/29/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
01/24/2007
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
R. Tomlinson
Deputy
HELEN H FREDERICK
CHRISTOPHER D LONN
v.
PINNACLE PEAK VISTAS I V OWNERS
ASSOCIATION
GREG S COMO
TRAYLOR E RICHARDSON
COMPREHENSIVE PRETRIAL CONFERENCE SETTING
The Court having received Plaintiff’s Request for Rule 16(b) Comprehensive Pretrial
Conference,
IT IS ORDERED setting a Comprehensive Pretrial Conference pursuant to Rule 16(b)
of the Arizona Rules of Civil Procedure for February 21, 2007 at 8:45 a.m. in this Division.
The Court has set aside 15 minutes for this Conference. If all counsel/parties feel that
significantly more time is required for the Conference, the Court should be notified immediately.
HONORABLE ROBERT C. HOUSER
JUDGE OF THE SUPERIOR COURT
NORTHEAST REGIONAL COURT CENTER
COURTROOM #110
18380 N. 40th Street
Phoenix, AZ 85032
(602) 506-5424
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
01/24/2007
Docket Code 026
Form V000A
Page 2
IT IS FURTHER ORDERED that counsel for all parties and the parties if
unrepresented shall personally meet and prepare a Joint Pretrial Conference Memorandum
addressing at least all items set forth in Rule 16(b), A.R.C.P. The Joint Pretrial Conference
Memorandum shall be filed with the Court by 5:00 p.m., February 16, 2007.
If counsel are unable to agree on any of the items of the Joint Comprehensive Pretrial
Memorandum, the reasons for their inability to agree shall be set forth in the Pretrial
Memorandum.
Counsel are reminded that the Court will impose sanctions against counsel and/or their
clients for failure to participate in good faith in the preparation and filing of the Joint Pretrial
Conference Memorandum.
03/21/2007 — CV2006053021 FREDERICK, HELEN H 03/21/2007 HONORABLE ROBERT C. HOUSER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/27/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/21/2007
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
R. Tomlinson
Deputy
HELEN H FREDERICK
CHRISTOPHER D LONN
v.
PINNACLE PEAK VISTAS I V OWNERS
ASSOCIATION
GREG S COMO
TRAYLOR E RICHARDSON
CASE STATUS MINUTE ENTRY
The Court has received Defendant’s Notice of Withdrawal of Defendant’s Motion for
Partial Summary Judgment. Based thereon no further action shall be taken regarding
Defendant’s Motion for Summary Judgment.
03/29/2007 — CV2006053021 FREDERICK, HELEN H 03/29/2007 HONORABLE ROBERT C. HOUSER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/03/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/29/2007
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
L. Slaughter
Deputy
HELEN H FREDERICK
CHRISTOPHER D LONN
v.
PINNACLE PEAK VISTAS I V OWNERS
ASSOCIATION
GREG S COMO
TRAYLOR E RICHARDSON
KAREN L KARR
ALTERNATIVE DISPUTE
RESOLUTION - CCC
TRIAL SETTING ORDER
(WITH PRE-TRIAL MANAGEMENT CONFERENCE)
9:02 a.m. This is the time set for Order to Show Cause Hearing and Comprehensive
Pretrial Conference. Plaintiff is present and represented by counsel, Christopher D. Lonn.
Defendant, Pinnacle Peak Vistas IV Owners Association, is represented by Karen L. Karr for
Greg Como. Counterclaimant Pinnacle Peak Vistas IV Owners Association is represented by
counsel, Traylor E. Richardson.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Discussion is held regarding case status.
LET THE RECORD REFLECT that Counterclaimant’s Order to Show Cause is moot.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/29/2007
Docket Code 089
Form V000A
Page 2
IT IS ORDERED disclosure of all non-expert witnesses and any exhibits shall be
disclosed no later than June 1, 2007. At this time, the parties do not foresee the need for expert
testimony.
IT IS FURTHER ORDERED that all discovery shall be completed no later than
June 29, 2007.
IT IS FURTHER ORDERED the parties shall participate in a mandatory
Settlement Conference. This case is referred to the court's Alternative Dispute Resolution for
the appointment of a judge pro tempore to conduct a settlement conference. Counsel and/or
the parties will receive a minute entry from ADR appointing the judge pro tempore.
Counsel and any "pro per" parties will contact the appointed judge pro tempore to arrange
the date, time and location for the settlement conference. The judge pro tempore is requested to
conduct a settlement conference prior to the trial date of September 10, 2007. The Office of
Alternative Dispute Resolution will not do the scheduling of the settlement conference so please
do not contact that office.
IT IS FURTHER ORDERED that the parties and insurance adjusters must personally
attend and participate in the Settlement Conference. The Settlement Conference must be held
and the parties must participate in good faith even if no settlement is expected.
IT IS FURTHER ORDERED if the parties choose to participate in private mediation,
the parties shall notify this Division immediately.
In regards to Counterclaimant’s request for Injunctive Relief,
IT IS FURTHER ORDERED the jury will be an advisory jury. The Court will
ultimately make the determinations if Injunctive Relief is appropriate in this case.
THIS IS A TRIAL SETTING ORDER. PLEASE READ CAREFULLY FOR
COMPLIANCE.
IT IS FURTHER ORDERED setting this matter for a 2-day jury trial commencing on
September 10, 2007, *1 at 9:30 a.m. before:
1 One day’s jury fees will be assessed unless the court is notified of settlement by 2:00 p.m. on
the judicial day before trial.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/29/2007
Docket Code 089
Form V000A
Page 3
HON. ROBERT HOUSER
Judge of Superior Court of Arizona
Northeast Regional Court Center
18380 N. 40th Street
Courtroom #110
Phoenix, Arizona 85032
(602) 506-5424
THIS IS A FIRM TRIAL SETTING. A MOTION TO CONTINUE ORDINARILY
WILL NOT BE GRANTED.
Trial days are normally 9:30 a.m. to 4:30 p.m., Monday through Thursday.
IT IS FURTHER ORDERED that all dispositive motions shall be filed not later than
120 days prior to trial so they may be briefed, scheduled, argued and decided prior to trial. All
motions in limine shall be accompanied by written certification that counsel have met and
conferred in accordance to A.R.C.P. 7.2. Motions in limine must meet the test of State v.
Superior Court, 108 Ariz. 39 (1972): “The primary purpose of a motion in limine is to avoid
disclosing to the jury prejudicial matters which may compel a mistrial.” See also Ariz. R. Evid.
103(c). Each side may file one motion in limine not to exceed 15 pages and not containing more
than five separate subjects. Motions not filed in accordance with this order will not be
considered.
IT IS FURTHER ORDERED that the following rules shall apply to all depositions
conducted in this action unless otherwise ordered by the Court:
A. No objections shall be made except as follows:
i.
Object to the form of the question.
ii.
Object, privileged under the [applicable] privilege.
B. No speaking objections shall be allowed. If, but only if, the questioner asks for the
basis of an objection to the form of the question a brief explanation shall be given.
C. If a privilege objection is made, the particular question shall not be answered without
subsequent court order. The deposition shall proceed subject to reconvening if the
court should later overrule the objection. Fees, costs and other sanctions may be
imposed for groundless privilege objections.
D. Attorneys shall not interrupt witnesses. Lengthy compound questions shall be
avoided.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/29/2007
Docket Code 089
Form V000A
Page 4
E. The length of any deposition shall not exceed four (4) hours (excluding breaks)
without the agreement of all counsel or a prior order of the court.
F. There shall be no attorney-client conferences between the witness and his/her
attorney while any question is pending. There shall be no such conferences during
the question sessions of the deposition.
G. Unless agreed by all parties, any commenced deposition shall proceed on a business
day until completed unless suspended by any party pursuant to Rule 30(d), Ariz. R.
Civ. P.
IT IS FURTHER ORDERED setting a Final Pretrial Management Conference for
August 29, 2007, at 8:30 a.m. (30 minutes).
At the PTMC, counsel who will try the case shall appear and be prepared to discuss and
resolve where applicable:
A.
Time limits for voir dire, opening statements, witness examinations and
closing arguments. Direct examinations shall not exceed 1 hour in length
without leave of court. Cross-examinations shall not exceed 30 minutes in
length without leave of court. Redirect examinations shall not exceed 15
minutes in length without leave of court. Opening statements shall not
exceed 30 minutes in length per side without leave of court. Closing
arguments shall not exceed 1 hour in length per side without leave of
court. Voir dire shall not exceed 10 minutes per side without leave of
court.
B.
Stipulations and objections regarding witnesses and exhibits. If time
permits, the court will rule on objections.
C.
Jury instructions, juror notebooks (counsel shall bring any proposed juror
notebooks to the conference), mini opening statements, voir dire and
verdict forms.
D.
Agreed-upon deposition summaries and excerpts from depositions
including objections thereto.
E.
Scheduling, equipment or interpreter issues.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/29/2007
Docket Code 089
Form V000A
Page 5
F.
Status of settlement efforts.
G.
Motions in limine and other pending motions.
H.
Use of short-trial or summary jury trial.
I.
Other matters addressed in the updated joint pretrial statement.
IT IS FURTHER ORDERED a joint pretrial statement (JPTS) addressing at least all of
the items set forth in Rule 16(d), Ariz. R. Civ. P., shall be filed three (3) judicial days before
the PTMC. The following shall be filed with the JPTS:
A.
Proposed voir dire questions.
B.
A list to be read to the jury with names of all witnesses who may testify.
C.
A set of agreed-upon jury instructions.
D.
Separate sets of requested instructions that have not been agreed upon.
(Review Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381 (1993) and the
Recommended Arizona Jury Instructions (RAJI) Civil 4th “Statement of
Purpose and Approach” before requesting non-RAJI instructions.) RAJI’s
need not be typed and may be requested in the following manner: RAJI
Civil 4th Preliminary—Duty of Jurors or by use of the jury instruction and
verdict request forms contained in RAJI Civil 4th. Non-RAJI instructions
should be typed. Each instruction should cover only one subject.
E.
A stipulated, brief summary of the case, which the court can read at the
outset of voir dire.
F.
Proposed findings of fact and conclusions of law (if a request for findings
has been or will be filed).
G.
All deposition or other transcribed testimony to be used at trial including
Rule 106 additions. The proposed testimony is to be identified by
reference to page and line numbers. Objections, if any, to such testimony
and the grounds for such objections are also to be set forth.
All exhibits shall be exchanged 30 days before trial. Duplicates will not be marked;
therefore counsel shall confer regarding exhibits to avoid any duplication. All objections to
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/29/2007
Docket Code 089
Form V000A
Page 6
exhibits not set forth in the JPTS shall be deemed waived except for good cause. At least ten
judicial days prior to the Final Pretrial Management Conference, counsel or their
knowledgeable assistants shall call the division clerk at (602) 372-7734 to discuss
procedures for marking exhibits. Original depositions are provided to the clerk for the record
and are not marked as exhibits.
IT IS FURTHER ORDERED all exhibits shall be provided to the division clerk at the
time of the Final Pretrial Management Conference, August 29, 2007.
9:24 a.m. Hearing concludes.
E-Courtroom Policies
Courtroom 110 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. CD’s of the proceedings are
available to purchase for viewing and/or transcribing.
If a court reporter is required, the court must receive a separate 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/29/2007
Docket Code 089
Form V000A
Page 7
ATTACHED: Time Estimates Form.
CAUSE NUMBER _____________________________________
CASE CAPTION ______________________________________
PLAINTIFF'S COUNSEL ________________________________
DEFENDANT'S COUNSEL ______________________________
(NOTE: Add additional lines as needed for additional parties and or
witnesses.)
TIME ESTIMATES FOR TRIAL
Opening Statement and Closing Argument
PLAINTIFF'S OPENING STATEMENT
DEFENDANT'S OPENING
PLAINTIFF'S CLOSING
DEFENDANT'S CLOSING
PLAINTIFF'S REBUTTAL
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/29/2007
Docket Code 089
Form V000A
Page 8
Estimate of Time for Witness Examination
PLAINTIFF'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/29/2007
Docket Code 089
Form V000A
Page 9
Estimate of Time for Witness Examination
DEFENDANT'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
03/29/2007
Docket Code 089
Form V000A
Page 10
CASE CAPTION:
TIME ESTIMATES
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
____________________________________
07/02/2007 — CV2006053021 FREDERICK, HELEN H 07/02/2007 HONORABLE ROBERT C. HOUSER View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/05/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
07/02/2007
Docket Code 081
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
R. Tomlinson
Deputy
HELEN H FREDERICK
CHRISTOPHER D LONN
v.
PINNACLE PEAK VISTAS I V OWNERS
ASSOCIATION
GREG S COMO
TRAYLOR E RICHARDSON
MINUTE ENTRY
Pursuant to the parties’ Stipulation for Dismissal and good cause appearing,
IT IS ORDERED approving and settling the formal written Order for Dismissal signed
by the Court on June 29, 2007 and filed (entered) by the clerk on July 2, 2007.
IT IS FURTHER ORDERED vacating the final pretrial management conference set for
September 28, 2007 and the trial set for October 10, 2007.
10/24/2006 — CV2006053021 FREDERICK, HELEN H 10/24/2006 THE HONORABLE ANNA M. BACA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/25/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
10/24/2006
Docket Code 066
Form J000
Page 1
CLERK OF THE COURT
THE HONORABLE ANNA M. BACA
A. Gonzalez
Deputy
HELEN H FREDERICK
CHRISTOPHER D LONN
v.
PINNACLE PEAK VISTAS I V OWNERS
ASSOCIATION
PINNACLE PEAK VISTAS I V
OWNERS ASSOCIATION
NO ADDRESS ON RECORD
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Michael D. Jones. A Notice of
Change of Judge has been filed by Plaintiff. The case was transferred to the Presiding Civil
Judge for reassignment.
IT IS ORDERED that this case be assigned to Civil Calendar CVJ11, the Honorable
Robert C. Houser, for all further proceedings. If any objections to the Notice of Change of Judge
are filed, the noticed judge retains jurisdiction to hear and decide the objections. Any objections
must be filed and a copy delivered to the noticed judge within twenty days of the date of this
order.
cc: Judge Robert C. Houser
11/01/2007 — CV2006053021 FREDERICK, HELEN H 11/01/2007 HONORABLE ROBERT C. HOUSER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/06/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-053021
11/01/2007
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
R. Tomlinson
Deputy
HELEN H FREDERICK
CHRISTOPHER D LONN
v.
PINNACLE PEAK VISTAS I V OWNERS
ASSOCIATION
GREG S COMO
TRAYLOR E RICHARDSON
E FERGUSON HILL
9198 E CONQUISTADORES DR
SCOTTSDALE AZ 85255
CASE STATUS MINUTE ENTRY
The Court is in receipt of correspondence dated October 16, 2007 from E. Ferguson Hill.
Said correspondence is rejected as an improper pleading/motion. No further action will be taken.
