01/13/2009 — CV2007020827 CAVENDER, ROGER B 01/13/2009 JUDGE DOUGLAS L. RAYES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/16/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
01/13/2009
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Tankersley
Deputy
POINTE TAPATIO COMMUNITY
ASSOCIATION
ELIZABETH SHILLITO
v.
ROGER B CAVENDER, et al.
ROGER B CAVENDER
20625 ANDALUSIA VIEW
PUEBLO CO 81008
LORI JEAN SHEAR CAVENDER
20625 ANDALUSIA VIEW
PUEBLO CO 81008
STATUS CONFERENCE SET
9:08 a.m. This is the time set for telephonic Status Conference to set a trial date.
Plaintiff is represented by counsel, Elizabeth Shillito. Defendant, Roger B. Cavender, is present
telephonically and representing himself.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding Plaintiff’s pending Motion for Summary Judgment.
For the reasons stated on the record,
IT IS ORDERED that the Defendant may file a response no later than February 17,
2009.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
01/13/2009
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED setting a telephonic Status Conference on February 24,
2009 at 9:15 a.m. in this Division. Counsel for the Plaintiff is to initiate the telephonic
conference by first arranging the presence of all other counsel or self-represented parties on the
conference call and by calling this division (602-506-0816) promptly at the scheduled time.
The Court may rule on the Plaintiff’s Motion for Summary Judgment and vacate the
status conference, if no response is filed.
9:19 a.m. Matter concludes.
02/24/2009 — CV2007020827 CAVENDER, ROGER B 02/24/2009 JUDGE DOUGLAS L. RAYES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/25/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
02/24/2009
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Tankersley
Deputy
POINTE TAPATIO COMMUNITY
ASSOCIATION
ELIZABETH SHILLITO
v.
ROGER B CAVENDER, et al.
ROGER B CAVENDER
20625 ANDALUSIAN VIEW
PUEBLO CO 81008
LORI JEAN SHEAR CAVENDER
20625 ANDALUSIAN VIEW
PUEBLO CO 81008
STATUS CONFERENCE/
ORAL ARGUMENT
9:18 a.m. This is the time set for telephonic Status Conference and Oral Argument on
Plaintiff’s Motion for Summary Judgment. Plaintiff is represented by counsel, Elizabeth Shillito.
Defendant, Roger B. Cavender, is present on his own behalf.
Court reporter, Cindy Lineburg, is present also a record of the proceedings is made by
audio and/or videotape.
Argument is heard on Plaintiff’s Motion for Summary Judgment.
For the reasons stated on the record,
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment as to delinquent
assessments and related fees.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
02/24/2009
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED that counsel for Plaintiff submit a form of judgment that
includes a statement of the assessments and assessment fees.
IT IS FURTHER ORDERED denying Plaintiff’s Motion for Summary Judgment as to all
other fines, not related to assessments.
IT IS FURTHER ORDERED setting a telephonic Bench Trial on March 16, 2009, at
1:30 p.m. (time allotted: 90 min.) before:
HON. DOUGLAS RAYES
Judge of Superior Court of Arizona
101 W. Jefferson
ECB Courtroom 411
Phoenix, Arizona 85003
(602) 506-0816
IT IS FURTHER ORDERED that each side shall submit a 3-page trial memorandum to
the Court by no later than March 9, 2009.
IT IS FURTHER ORDERED at least five judicial days before the Bench Trial, the
exhibits to be used at trial shall be submitted to the clerk for marking. The exhibits will be
marked serially as they are listed in the LIST OF EXHIBITS which will be prepared by counsel.
The parties shall advise the division, referring specifically to the pretrial statement, which
exhibits may be marked directly in evidence. All exhibits will be clearly marked to correspond
with the list provided. Counsel will make sure that they do not bring to the clerk a set of exhibits
that include duplicate exhibits.
The exhibits are marked in numerical order per party, making it necessary to mark all of
one party’s exhibits before marking the other party’s. Accordingly, the Defendant’s exhibits
numbering shall start at the next number following the last of Plaintiff’s exhibits.
Counsel are to provide a workable list of exhibits. The list should include a description
of each exhibit. (See blank sample of an exhibit table below as a reference.) The list may be the
same as that contained in the Joint Pretrial Statement. Do not put numbers on the exhibits.
Examples of a correct description:
Examples of incorrect description:
Journal Pages
Pages from John Jones’ journal (1)
Photograph
4 x 6 photograph of victim’s car (2)
List of dates
List of dates of meetings between John and Tony (3)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
02/24/2009
Docket Code 028
Form V000A
Page 3
(1) If it cannot be verified that the journal is John Jones' that information should not be
included in the description.
(2) The size of a photograph should not be listed. The photograph should not be
described.
(3) Unless the document is labeled as “meeting dates between John and Tony” that
information should not be included.
If counsel are submitting large charts, blow-ups or maps, please include a small version
which can be marked as the exhibit and can go into the jury if in evidence. The blow-ups, charts
and/or maps can be used as demonstrative but will not be marked as exhibits and will be returned
to counsel.
For additional assistance in preparation of exhibits contact the courtroom clerk at 602-
506-8846
Sample of List of Exhibits to be provided to the courtroom clerk:
EXHIBIT LIST
Exhibit
No.
Offered
By
Description
Legal Ground
for Objection
03/04/2009 — CV2007020827 CAVENDER, ROGER B 03/04/2009 JUDGE DOUGLAS L. RAYES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/06/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
03/04/2009
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Tankersley
Deputy
POINTE TAPATIO COMMUNITY
ASSOCIATION
BETH MULCAHY
v.
ROGER B CAVENDER, et al.
ROGER B CAVENDER
20625 ANDALUSIAN VIEW
PUEBLO CO 81008
LORI JEAN SHEAR CAVENDER
20625 ANDALUSIAN VIEW
PUEBLO CO 81008
NUNC PRO TUNC
IT IS ORDERED nunc pro tunc amending Status Conference/Oral Argument minute
entry dated February 24, 2009, page 2, to reflect that only Defendants Cavender may appear
telephonically at the Bench Trial set for March 16, 2009 at 1:30 p.m. Counsel for Plaintiff shall
appear.
The remainder of the minute entry shall remain in full force and effect.
03/16/2009 — CV2007020827 CAVENDER, ROGER B 03/16/2009 JUDGE DOUGLAS L. RAYES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/18/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
03/16/2009
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Tankersley
Deputy
POINTE TAPATIO COMMUNITY
ASSOCIATION
BETH MULCAHY
v.
ROGER B CAVENDER, et al.
ROGER B CAVENDER
20625 ANDALUSIAN VIEW
PUEBLO CO 81008
LORI JEAN SHEAR CAVENDER
20625 ANDALUSIAN VIEW
PUEBLO CO 81008
INACTIVE CALENDAR
1:32 p.m. This is the time set for Trial to the Bench. Plaintiff is represented by counsel,
Beth Mulcahy. Defendant Roger B. Cavender is present telephonically and representing himself.
Court reporter, Cindy Lineburg, is present also a record of the proceedings is made by
audio and/or videotape.
Counsel advises the Court that the parties have reached a settlement in this matter.
The settlement is read on the record.
Pursuant to Rule 80(d), Arizona Rules of Civil Procedure,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
03/16/2009
Docket Code 078
Form V000A
Page 2
THE COURT FINDS the settlement reached and read on the record in binding upon the
parties. The Court finds the agreement fair and equitable.
IT IS ORDERED counsel for Plaintiff shall provide to this Court the Rule 80(d)
Agreement for this Court’s signature by March 23, 2009
IT IS FURTHER ORDERED placing this matter on the Inactive Calendar for dismissal
on April 30 , 2009 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.
1:57 p.m. Matter concludes.
09/23/2008 — CV2007020827 CAVENDER, ROGER B 09/23/2008 JUDGE DOUGLAS L. RAYES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/24/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
09/23/2008
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Tankersley
Deputy
POINTE TAPATIO COMMUNITY
ASSOCIATION
BETH MULCAHY
v.
ROGER B CAVENDER, et al.
HAROLD J BLISS JR.
TELEPHONIC SCHEDULING CONFERENCE SET
The Court has received and reviewed Plaintiff’s Motion to Set and Certificate of
Readiness.
IT IS ORDERED setting a telephonic Scheduling Conference for October 29, 2008 at
9:15 a.m. (15 min.) in this Division. Counsel for the Plaintiff is to initiate the telephonic
conference by first arranging the presence of all other counsel or self-represented parties on the
conference call and by calling this division (602-506-0816) promptly at the scheduled time.
IT IS FURTHER ORDERED that the parties shall submit a Joint Pretrial Memorandum
as set forth below.
The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order
prescribed herein. The Court may adopt or modify the discovery and disclosure schedule order
and set a scheduling conference for purposes of setting a trial date. If counsel still believe that a
pretrial conference is still necessary at this stage of the litigation, they should address the reasons
for the need for a pretrial conference in the first paragraph of the Joint Pretrial Memorandum.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
09/23/2008
Docket Code 041
Form V000A
Page 2
If the parties fail to file a timely memorandum, sanctions may issue pursuant to Rule
16 (f).
IT IS FURTHER ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b). Counsel shall prepare and file with the Court by 5:00 p.m. on October 22, 2008, a Joint
Pretrial Memorandum, and prepare a proposed order for Discovery and Disclosure deadlines.
The proposed order shall include dates for the following items and conform substantially with
the attached sample order.
1.
An agreed upon schedule and date for completion of non-expert deposition.
As far as can reasonable be anticipated, each party shall set forth the depositions
they anticipate taking and the approximate time required for each; any and all
medical examinations which may be required of any of the parties; the person or
persons to conduct such examinations; all requests for production; and all tangible
evidence to be disclosed or exchanged.
2.
A date for the final disclosure of the identities subject matters and reports of
expert witnesses, and/or to supplement disclosure made to date.
3.
A date or dates for the initial and final disclosure of all non-expert witnesses,
and/or supplemental disclosures made to date.
4.
A date by which all written discovery will be propounded and concluded.
Further, counsel shall set forth any written discovery outstanding and a date when
it will be complete.
5.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.
6.
A proposed date for a Mandatory Settlement Conference pursuant to Rule
16.1. Alternatively, the parties may propose a deadline by which they will
participate in private mediation.
7.
A date for completion of all discovery, including expert discovery.
8.
A date by which all dispositive or partially-dispositive motions shall be filed.
9.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
09/23/2008
Docket Code 041
Form V000A
Page 3
If the parties agree as to the dates, they need to only prepare and submit the proposed
order attached hereto. If counsel are unable to agree on any of the items set forth in the attached
form of order, the reasons for their inability to agree shall be set forth in the Pretrial
Memorandum and each shall prepare a separate proposed order. All proposed deadlines shall
be set forth as calendar dates, and not in the form “XX” days before trial.”
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rules of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.
Proposed Scheduling Order
The Court having received the parties Joint Comprehensive Pretrial Conference
Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court.
(1)
Initial disclosures shall be exchanged by: (MM/DD/YYYY)
(2)
The identities and subject area of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(3)
Plaintiff’s final expert disclosures shall be served by: (MM/DD/YYYY)
Defendant’s final expert disclosures shall be exchanged by: (MM/DD/YYYY)
Rebuttal expert disclosures shall be exchanged by: (MM/DD/YYYY)
(4)
Final Non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
Written discovery shall be propounded by: (MM/DD/YYYY)
(6)
Dispositive Motions shall be filed by: (MM/DD/YYYY)
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
Discovery shall be completed by: (MM/DD/YYYY)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
09/23/2008
Docket Code 041
Form V000A
Page 4
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
The parties remaining in this action shall participate in comprehensive mediation
by: (MM/DD/YYYY)
IT IS ORDERED setting Status Conference in this matter on [counsel to leave this date
blank], (time allotted: 15 minutes), in this Division.
HON. DOUGLAS RAYES
Judge of Superior Court of Arizona
101 W. Jefferson
Courtroom 411
Phoenix, Arizona 85003
(602) 506-0816
IT IS FURTHER ORDERED that in no less than five days prior to the Status Conference
set herein, the parties shall submit a Joint Statement pursuant to ARCP 16(d) and report to the
Court the history and status of the efforts at Alternative Dispute Resolution pursuant to ARCP
Rule 16(g).
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel are
directed to confer pursuant to ARCP 26(g). If such conference is unsuccessful, counsel are
directed to initiate a conference call with this Division BEFORE filing a motion to compel or
motion for protective order.
10/29/2008 — CV2007020827 CAVENDER, ROGER B 10/29/2008 JUDGE DOUGLAS L. RAYES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/31/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
10/29/2008
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
JUDGE DOUGLAS L. RAYES
T. Tankersley
Deputy
POINTE TAPATIO COMMUNITY
ASSOCIATION
BETH MULCAHY
v.
ROGER B CAVENDER, et al.
ROGER B CAVENDER
20625 ANDALUSIA VIEW
PUEBLO CO 81008
STATUS CONFERENCE SET
9:24 a.m. This is the time set for telephonic Scheduling/Status Conference. Plaintiff is
represented by counsel, Elizabeth Shillito for Beth Mulcahy. Defendants are neither present nor
represented by counsel.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding case status.
IT IS ORDERED adopting the deadlines in the Plaintiff’s Joint Pretrial Memorandum all
in accordance with the formal written Scheduling Order signed by the Court on October 29, 2008
and entered (filed) by the Clerk on October 29, 2008.
IT IS FURTHER ORDERED setting a telephonic Status Conference to set a Trial Date
for January 13, 2009 at 9:00 a.m. in this Division. Counsel for the Plaintiff is to initiate the
telephonic conference by first arranging the presence of all other counsel or self-represented
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-020827
10/29/2008
Docket Code 028
Form V000A
Page 2
parties on the conference call and by calling this division (602-506-0816) promptly at the
scheduled time.
9:26 a.m. Matter concludes.
