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Maricopa County Superior Court Case CV2001-019102: public docket details, parties, minute entries, documents, and official source links for Arrowhead Lakes Condominium Association.

Case Number

CV2001-019102

County

Maricopa

Caption

Not captured

Filed

11/1/2001

Case Type

Civil

Judge

Warner, Randall

Location

Downtown

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
02/03/2003
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
FILED: 02/05/2003
ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK
v.
BANOVAC DEVELOPMENT CORP, et al.
J GREGORY CAHILL
SCOTT A HOLCOMB
WILLIAM WESLEY WEBB
STEVEN R BARTELL
CONNIE MIRANDA
7834 W HEARN RD
PEORIA AZ 85381
MINUTE ENTRY
Plaintiff having filed a Request for Pre-Trial Conference,
IT IS ORDERED setting a Pretrial Conference on Monday, March 24, 2003 at
9:00 a.m. before this division.
NOTE: JUDGE HOLT’S DIVISION IS LOCATED IN THE OLD
COURTHOUSE, 125 W. WASHINGTON, 3RD FLOOR, SUITE 309, PHOENIX,
ARIZONA 85003 (TEL: (602) 506-3105).
Counsel for the plaintiff(s) and defendant(s) are to meet personally before the Pretrial
Conference to discuss those subjects listed under ARCP, Rule 16(b). Counsel for plaintiff(s) and
defendant(s) shall prepare and file a Joint Pretrial Conference Memorandum no later than
5:00 p.m., March 17, 2003, addressing all applicable subjects listed under ARCP, Rule 16(b)
and, IN ADDITION, A BRIEF DESCRIPTION OF THE NATURE OF THE CASE, THE
ISSUES, AND EACH PARTY’S POSITION WITH RESPECT TO THE ISSUES, AND
THE ESTIMATED LENGTH OF THE TRIAL.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
02/03/2003
Docket Code 026
Form V000A
Page 2
If counsel are unable to agree on any of the items in the Joint Pretrial Conference
Memorandum, the reasons for their inability to agree shall be set forth in the memorandum.
Counsel are reminded that the Court may impose sanctions against counsel and/or their
client for failure to participate in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
02/19/2003
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
FILED: 02/21/2003
ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK
v.
BANOVAC DEVELOPMENT CORP, et al.
J GREGORY CAHILL
SCOTT A HOLCOMB
WILLIAM WESLEY WEBB
STEVEN R BARTELL
CONNIE MIRANDA
7834 W HEARN RD
PEORIA AZ 85381
MINUTE ENTRY
On the Court’s own motion,
IT IS ORDERED vacating the Pretrial Conference set on March 24, 2003 at 9:00 a.m.
and resetting the conference to Friday, March 21, 2003 at 9:00 a.m. before this division.
NOTE: JUDGE HOLT’S DIVISION IS LOCATED IN THE OLD
COURTHOUSE, 125 W. WASHINGTON, 3RD FLOOR, SUITE 309, PHOENIX,
ARIZONA 85003 (TEL: (602) 506-3105).
Counsel for the plaintiff(s) and defendant(s) are to meet personally before the Pretrial
Conference to discuss those subjects listed under ARCP, Rule 16(b). Counsel for plaintiff(s) and
defendant(s) shall prepare and file a Joint Pretrial Conference Memorandum no later than
5:00 p.m., March 14, 2003, addressing all applicable subjects listed under ARCP, Rule 16(b)
and, IN ADDITION, A BRIEF DESCRIPTION OF THE NATURE OF THE CASE, THE
ISSUES, AND EACH PARTY’S POSITION WITH RESPECT TO THE ISSUES, AND
THE ESTIMATED LENGTH OF THE TRIAL.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
02/19/2003
Docket Code 083
Form V000A
Page 2
If counsel are unable to agree on any of the items in the Joint Pretrial Conference
Memorandum, the reasons for their inability to agree shall be set forth in the memorandum.
Counsel are reminded that the Court may impose sanctions against counsel and/or their
client for failure to participate in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
03/21/2003
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
FILED: 03/27/2003
ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK
v.
BANOVAC DEVELOPMENT CORP, et al.
J GREGORY CAHILL
SCOTT A HOLCOMB
WILLIAM WESLEY WEBB
STEVEN R BARTELL
CONNIE MIRANDA
7834 W HEARN RD
PEORIA AZ 85381
MINUTE ENTRY
By stipulation of counsel and the Court,
IT IS ORDERED resetting the Pretrial Conference from March 21, 2003 to Friday,
April 18, 2003 at 8:45 a.m. before this division.
NOTE: JUDGE HOLT’S DIVISION IS LOCATED IN THE OLD
COURTHOUSE, 125 W. WASHINGTON, 3RD FLOOR, SUITE 309, PHOENIX,
ARIZONA 85003 (TEL: (602) 506-3105).
Counsel for the plaintiff(s) and defendant(s) are to meet personally before the Pretrial
Conference to discuss those subjects listed under ARCP, Rule 16(b). Counsel for plaintiff(s) and
defendant(s) shall prepare and file a Joint Pretrial Conference Memorandum no later than
5:00 p.m., April 14, 2003, addressing all applicable subjects listed under ARCP, Rule 16(b) and,
IN ADDITION, A BRIEF DESCRIPTION OF THE NATURE OF THE CASE, THE
ISSUES, AND EACH PARTY’S POSITION WITH RESPECT TO THE ISSUES, AND
THE ESTIMATED LENGTH OF THE TRIAL.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
03/21/2003
Docket Code 083
Form V000A
Page 2
If counsel are unable to agree on any of the items in the Joint Pretrial Conference
Memorandum, the reasons for their inability to agree shall be set forth in the memorandum.
Counsel are reminded that the Court may impose sanctions against counsel and/or their
client for failure to participate in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.
____________________
IT IS FURTHER ORDERED continuing this matter on the inactive calendar for
dismissal on May 23, 2003.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
04/18/2003
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
FILED: 04/22/2003
ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK
v.
BANOVAC DEVELOPMENT CORP, et al.
J GREGORY CAHILL
WILLIAM WESLEY WEBB
SCOTT A HOLCOMB
STEVEN R BARTELL
CONNIE MIRANDA
7834 W HEARN RD
PEORIA AZ 85381
MINUTE ENTRY
This is the time set for a Rule 16 Pretrial Conference. Curtis S. Ekmark appears
on behalf of the Plaintiff. J. Gregory Cahill and William W. Webb appear on behalf of
Defendant Banovac Development Corp. No one else appears.
Court Reporter: Denise Couvaras
Discussion is held.
Counsel request that this matter be transferred to a Complex Civil Litigation
Judge in that this is a construction defect case in which there will be in excess of fifty (50) or
more defendants.
Accordingly,
IT IS ORDERED referring this matter to the Honorable Margaret Downie, Civil
Presiding Judge, for determination of whether this matter should be designated as complex civil
litigation.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
04/18/2003
Docket Code 084
Form V000A
Page 2
IT IS ORDERED vacating the Rule 16 Pretrial Conference set this date; not to be
reset in this division unless this case is not designated as a Complex Litigation Case.
Upon oral request of Plaintiff and good cause appearing,
IT IS ORDERD continuing this matter on the inactive calendar for dismissal on
September 15, 2003.
CC: Judge Downie

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
05/08/2003
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARGARET H. DOWNIE
L. Rasmussen
Deputy
FILED: 05/13/2003
ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK
v.
BANOVAC DEVELOPMENT CORP, et al.
J GREGORY CAHILL
SCOTT A HOLCOMB
JUDGE HOLT
MINUTE ENTRY
The court has received a judicial referral from Judge Holt indicating that this matter may
be appropriate for complex civil designation. Before ruling, the court requires additional
information. If one or more parties favors complex designation, the court should be advised
regarding the factors warranting that designation. See Rule 8(i), Ariz.R.Civ.P.; Maricopa County
Superior Court Administrative Order No. 2002-127. Based on a review of the court's file, it is
not immediately apparent why complex designation may be warranted. Not all construction
defect cases are appropriate for complex designation – especially when a matter has been
pending for some time. The parties should file either a joint memorandum/motion or separate
position statements within 30 days.
cc: Karen Westover, Civil Court Administration

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 05/22/2002
05/20/2002
CLERK OF THE COURT
FORM V000A
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
CV 2001-019102
Docket Code 026
Page 1
FILED: _________________
ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK
JILL ANN HERMAN
v.
BANOVAC DEVELOPMENT CORP, et al.
FRED C FATHE
CONNIE MIRANDA
7834 W HEARN RD
PEORIA AZ 85381-0000
MINUTE ENTRY
Plaintiff having filed a Request for Pre-Trial Conference,
IT IS ORDERED setting a Pretrial Conference on Friday,
June 21, 2002 at 8:45 a.m. before this division.
NOTE: JUDGE HOLT’S DIVISION IS LOCATED IN THE OLD
COURTHOUSE, 125 W. WASHINGTON, 3RD FLOOR, SUITE 309, PHOENIX,
ARIZONA 85003 (TEL: (602) 506-3105).
Counsel for the plaintiff(s) and defendant(s) are to meet
personally before the Pretrial Conference to discuss those
subjects listed under ARCP, Rule 16(b). Counsel for
plaintiff(s) and defendant(s) shall prepare and file a Joint
Pretrial Conference Memorandum no later than 5:00 p.m., June 18,
2002, addressing all applicable subjects listed under ARCP, Rule
16(b) and, IN ADDITION, A BRIEF DESCRIPTION OF THE NATURE OF THE
CASE, THE ISSUES, AND EACH PARTY’S POSITION WITH RESPECT TO THE
ISSUES, AND THE ESTIMATED LENGTH OF THE TRIAL.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 05/22/2002
05/20/2002
CLERK OF THE COURT
FORM V000A
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
CV 2001-019102
Docket Code 026
Page 2
If counsel are unable to agree on any of the items in the
Joint Pretrial Conference Memorandum, the reasons for their
inability to agree shall be set forth in the memorandum.
Counsel are reminded that the Court may impose sanctions
against counsel and/or their client for failure to participate
in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 06/25/2002
06/21/2002
CLERK OF THE COURT
FORM V000A
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
CV 2001-019102
Docket Code 002
Page 1
FILED: _________________
ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK
v.
BANOVAC DEVELOPMENT CORP, et al.
J GREGORY CAHILL
CONNIE MIRANDA
7834 W HEARN RD
PEORIA AZ 85381-0000
SCOTT A HOLCOMB
MINUTE ENTRY
This is the time set for a Rule 16 Scheduling Conference.
Curtis E. Ekmark appears telephonically on behalf of the
plaintiff. J. Gregory Cahill appears telephonically on behalf of
Defendants Banovac Development Corp. and Lakeland Development
Corp. Scott Holcomb waives his appearance on behalf of Defendant
Robert Charles Banovac.
Court Reporter: Kim Hannan-Cox
IT IS ORDERED:
1.
Counsel shall provide the Court with a Stipulation to
Continue on the Inactive Calendar, a Stipulation to
Stay the claims of the individual defendants and a
Stipulated Pretrial Order. If these are not provided

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 06/25/2002
06/21/2002
CLERK OF THE COURT
FORM V000A
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
CV 2001-019102
Docket Code 002
Page 2
by August 15, 2002, Mr. Ekmark shall request a
continued Pretrial Conference.
2.
Vacating the Rule 16 Scheduling Conference set for this
date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
07/24/2003
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARGARET H. DOWNIE
L. Rasmussen
Deputy
FILED: 07/28/2003
ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK
v.
BANOVAC DEVELOPMENT CORP, et al.
J GREGORY CAHILL
SCOTT A HOLCOMB
GILBERT MIRANDA
7834 W HEARN RD
PEORIA AZ 85381
STEVEN R BARTELL
WILLIAM WESLEY WEBB
MINUTE ENTRY
The court has considered the supplemental information regarding complex designation
that was requested. It appears premature to designate this case complex. The parties state that
they may enter into a Morris agreement to resolve this litigation. If they do so, there is no need
for complex designation. Additionally, the parties state that attempts at out-of-court resolution
via mediation and informal discovery are ongoing. No substantive motions have been filed to
date.
IT IS ORDERED denying the request for complex designation without prejudice. If the
case is not resolved through a Morris agreement or otherwise, the parties may re-urge the motion
and provide updated information.
cc:
Judge Holt (w/attachments)
Karen Westover, Civil Court Administrator

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
07/31/2003
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
FILED: 08/05/2003
ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK
v.
BANOVAC DEVELOPMENT CORP, et al.
J GREGORY CAHILL
SCOTT A HOLCOMB
GILBERT MIRANDA
CONNIE MIRANDA
7834 W HEARN RD
PEORIA AZ 85381
WILLIAM WESLEY WEBB
STEVEN R BARTELL
MINUTE ENTRY
The Court having reviewed Judge Downie's minute entry dated July 24, 2003 wherein the
request for a complex designation was denied without prejudice,
On the Court’s own motion,
IT IS ORDERED setting a Pretrial Conference on Thursday, September 11, 2003 at
8:45 a.m. before this division.
NOTE: JUDGE HOLT’S DIVISION IS LOCATED IN THE OLD
COURTHOUSE, 125 W. WASHINGTON, 3RD FLOOR, SUITE 309, PHOENIX,
ARIZONA 85003 (TEL: (602) 506-3105).
Counsel for the plaintiff(s) and defendant(s) are to meet personally before the Pretrial
Conference to discuss those subjects listed under ARCP, Rule 16(b). Counsel for plaintiff(s) and
defendant(s) shall prepare and file a Joint Pretrial Conference Memorandum no later than

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
07/31/2003
Docket Code 083
Form V000A
Page 2
5:00 p.m., September 4, 2003, addressing all applicable subjects listed under ARCP, Rule 16(b)
and, IN ADDITION, A BRIEF DESCRIPTION OF THE NATURE OF THE CASE, THE
ISSUES, AND EACH PARTY’S POSITION WITH RESPECT TO THE ISSUES, AND
THE ESTIMATED LENGTH OF THE TRIAL.
If counsel are unable to agree on any of the items in the Joint Pretrial Conference
Memorandum, the reasons for their inability to agree shall be set forth in the memorandum.
Counsel are reminded that the Court may impose sanctions against counsel and/or their
client for failure to participate in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-019102
09/09/2003
Docket Code 078
Form V078A
Page 1
CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
FILED: 09/11/2003
ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK
v.
BANOVAC DEVELOPMENT CORP, et al.
J GREGORY CAHILL
SCOTT A HOLCOMB
WILLIAM WESLEY WEBB
STEVEN R BARTELL
INACTIVE CALENDAR
Plaintiff having filed a Notice of Settlement and Request to Vacate Pretrial Conference,
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on
November 10, 2003 without further notice unless prior to said date judgment is entered or filed
or a Stipulation for Dismissal is presented.
IT IS FURTHER ORDERED vacating the Rule 16 Pretrial Conference set for
September 11, 2003 at 8:45 a.m.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2001-019102

11/07/2003

Docket Code 047
Form V047
Page 1

CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider

Deputy

FILED: 11/13/2003

ARROWHEAD LAKES CONDOMINIUM
ASSOCIATION
CURTIS S EKMARK

v.

BANOVAC DEVELOPMENT CORP, et al.
J GREGORY CAHILL

SCOTT A HOLCOMB
WILLIAM WESLEY WEBB
STEVEN R BARTELL

JUDGMENT OF DISMISSAL WITHOUT PREJUDICE

This case was on the Inactive Calendar for dismissal on September 15, 2003 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 without prejudice for lack of prosecution.

/ s / HONORABLE CATHY M. HOLT

JUDICIAL OFFICER OF THE SUPERIOR COURT

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