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Maricopa County Superior Court Case CV2012-017530: public docket details, parties, minute entries, documents, and official source links for Solera Chandler Homeowners Association Inc.

Case Number

CV2012-017530

County

Maricopa

Caption

Not captured

Filed

11/21/2012

Case Type

Civil

Judge

Herrod, Michael

Location

Downtown

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/10/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
01/08/2013
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ARTHUR T. ANDERSON
L. Nelson
Deputy
SOLERA CHANDLER HOMEOWNERS
ASSOCIATION INC
JOSHUA M BOLEN
v.
DUANE MCDONALD, et al.
MARK BAINBRIDGE
MINUTE ENTRY
The Court has received the parties’ Stipulation to Continue January 4, 2013 Hearing and
Order thereto.
Good cause appearing,
IT IS ORDERED granting the parties’ request all in accordance with the formal written
Order Granting Stipulation to Continue January 4, 2013 Hearing signed by the Court on January
4, 2013, and filed by the Clerk on January 8, 2013.
THEREFORE IT IS ORDERED vacating the Order to Show Cause Hearing scheduled
on January 4, 2013, and resetting same on January 25, 2013, at 10:00 a.m. (15 min.) before:
HON. ARTHUR ANDERSON
Maricopa County Superior Court
East Court Building
101 West Jefferson Street
5th Floor, Courtroom 511
Phoenix, AZ 85003

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
01/08/2013
Docket Code 003
Form V000A
Page 2
602-506-0341
The Court will not honor agreements by the parties to modify the briefing schedule set
forth in the Rules of Civil Procedure unless it is notified by stipulation in writing of the terms of
the agreement before the rule-imposed deadline expires and the motion is fully briefed at least 5
judicial days prior to the hearing.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
01/25/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ARTHUR T. ANDERSON
L. Nelson
Deputy
SOLERA CHANDLER HOMEOWNERS
ASSOCIATION INC
JOSHUA M BOLEN
v.
DUANE MCDONALD, et al.
MARK BAINBRIDGE
MINUTE ENTRY
10:16 a.m. This is the time set for Order to Show Cause Return Hearing. Plaintiff,
Solera Chandler Homeowners Association, Inc., is represented by counsel, Kellie J. Callahan for
Joshua M. Bolen. Defendants, Duane McDonald and Vickie McDonald, are represented by
counsel, Mark Bainbridge.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding Plaintiff’s Request for Preliminary and Permanent
Injunctions alleging that Defendants are in violation of the Association’s CC&R, and request that
they be required to remove or relocate the trees planted on their property.
Counsel are instructed to contact their clients regarding a potential settlement agreement
as stated on the record.
10:25 a.m. Court stands at recess.
10:38 a.m. Court reconvenes with respective counsel present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
01/25/2013
Docket Code 023
Form V000A
Page 2
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Plaintiff’s counsel advises the Court that any settlement agreement is contingent to the
approval of the Association’s board members. Further, this matter has been added for
consideration to the executive agenda at the next board meeting scheduled on February 6, 2013.
Defense counsel is unable to reach his client.
Further discussion is held regarding the possibility of drafting a written agreement
between the Defendants and their neighbor.
Counsel shall contact this Division regarding the outcome of pending settlement
negotiations.
10:41 a.m. Hearing concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/06/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
09/05/2013
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ARTHUR T. ANDERSON
L. Nelson
Deputy
SOLERA CHANDLER HOMEOWNERS
ASSOCIATION INC
JOSHUA M BOLEN
v.
DUANE MCDONALD, et al.
MARK BAINBRIDGE
HEARING SET
The Court has reviewed Plaintiff’s Renewed Request for Hearing Re: Order to Show
Cause.
IT IS ORDERED setting a Preliminary Injunction Hearing on October 18, 2013, at
2:00 p.m. (90 min.) before:
HON. ARTHUR ANDERSON
Maricopa County Superior Court
East Court Building
101 West Jefferson Street
5th Floor, Courtroom 511
Phoenix, AZ 85003
602-506-0341
All exhibits, if any, shall be exchanged 15 days before the hearing. Counsel shall confer
regarding exhibits so duplicates are avoided and list any stipulations to those exhibits which can be
received in evidence. At least ten days before the hearing, counsel or their knowledgeable

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
09/05/2013
Docket Code 056
Form V000A
Page 2
assistants shall call the division clerk at (602) 372-3186 to discuss procedures for marking
exhibits.
The Court will not honor agreements by the parties to modify the briefing schedule set
forth in the Rules of Civil Procedure unless it is notified by stipulation in writing of the terms of
the agreement before the rule-imposed deadline expires and the motion is fully briefed at least 5
judicial days prior to the hearing.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/01/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
09/30/2013
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ARTHUR T. ANDERSON
L. Nelson
Deputy
SOLERA CHANDLER HOMEOWNERS
ASSOCIATION INC
JOSHUA M BOLEN
v.
DUANE MCDONALD, et al.
MARK BAINBRIDGE
MINUTE ENTRY
The Court has considered the parties’ Stipulation to Vacate Hearing on Plaintiff’s
Preliminary Injunction Request Scheduled for October 18, 2013 at 2:00 p.m.
Good cause appearing,
IT IS ORDERED granting the parties’ request and vacating the Preliminary Injunction
Hearing scheduled on October 18, 2013 at 2:00 p.m., in this Division.
IT IS FURTHER ORDERED setting a Comprehensive Pretrial Conference on October
18, 2013, at 9:30 a.m. (30 min.) before:
HON. ARTHUR T. ANDERSON
Maricopa County Superior Court
East Court Building
101 West Jefferson Street
5th Floor, Courtroom 511
Phoenix, AZ 85003
602-506-0341

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
09/30/2013
Docket Code 026
Form V000A
Page 2
The hearing will be heard telephonically unless counsel notify this Division the day prior
to the hearing that counsel will appear in person. If all parties appear telephonically, Plaintiff’s
counsel shall initiate the conference call. The court’s phone number is (602) 506-0341.
Transmissions over cellular telephones and speaker phones are not clearly received by the court’s
phone system and, therefore, are not allowed.
Plaintiff’s counsel shall notify this Division whether the parties will be appearing
telephonically the day prior to the hearing.
The Court will set a firm trial date at this conference. Counsel are advised to have their
trial calendars with them.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/21/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
10/18/2013
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ARTHUR T. ANDERSON
L. Nelson
Deputy
SOLERA CHANDLER HOMEOWNERS
ASSOCIATION INC
JOSHUA M BOLEN
v.
DUANE MCDONALD, et al.
MARK BAINBRIDGE
ALTERNATIVE DISPUTE RESOLUTION -
CCC
JURY TRIAL SETTING
Courtroom ECB-511:
9:32 a.m. This is the time set for Rule 16 Pre-Trial Conference. Plaintiff, Solera Chandler
Homeowners Association, Inc., is telephonically represented by counsel, Kellie J. Callahan for
Koshua M. Bolen. Defendants, Duane McDonald and Vickie McDonald, are represented by
counsel, Mark Bainbridge.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding case status and future scheduling.
IT IS ORDERED setting the following schedule for disclosure, discovery, and pre-trial
procedures unless the parties obtain written modifications from the Court:
October 21, 2013 – Initial Disclosure Statements shall be exchanged;
1)
November 25, 2013 – The parties shall simultaneously disclose the identities and
2)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
10/18/2013
Docket Code 089
Form V000A
Page 2
subject areas of any expert witnesses;
November 25, 2013 - Plaintiff shall disclose the opinions and reports of its expert
3)
witnesses;
November 25, 2013 - Written discovery shall be propounded;
4)
December 20, 2013 - Defendants shall disclose the opinions and reports of their
5)
expert witnesses;
January 10, 2014- Any rebuttal expert witness opinions and reports shall be
6)
disclosed;
January 10, 2014 - The parties shall disclose the names of all non-expert
7)
witnesses;
January 10, 2014 – ALL written discovery shall be completed;
8)
All motions shall comply with Maricopa County Local Rule 3.2(f). If a motion to
exceed page limitation is accompanied with a proposed filing, counsel do so at
their own peril;
January 20, 2014 - The parties shall participate in a mandatory settlement
9)
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 not later than January 20, 2014. The Office of Alternative Dispute
Resolution will not do the scheduling of the settlement conference so please do
not contact that office. If counsel prefer to use a private mediator to conduct the
settlement conference, a Stipulation and Order re: Alternative to ADR must be,
presented to the Court by no later than 5:00 p.m. on November 4 2013. All
counsel and their clients, or non-lawyer representatives who have full and
complete authority to settle the case, shall personally appear and participate in
good faith in the Settlement Conference. Sanctions may be imposed for failure to
participate.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
10/18/2013
Docket Code 089
Form V000A
Page 3
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.
February 24, 2014 - All depositions shall be completed;
10)
February 28, 2014 - Dispositive motions shall be filed. Pleadings shall comply
11)
with the Rules regarding page limitations;
Because of the short time between dispositive motions briefing and Final Trial
Management Conference, counsel are encouraged to structure discovery to allow
for dispositive motions filing as soon as practicable.
Your cooperation to label motions serially would be most appreciated. For
example, the plaintiff’s first motion to be filed would be marked, “Plaintiff’s
Motion #1 - Motion for Summary Judgment.” The response to this motion would
be marked, “Defendant’s Response to Plaintiff’s Motion #1 – Motion for
Summary Judgment.” Conversely, the defendant’s first motion would be marked,
“Defendant’s Motion #1 – Motion to Dismiss.” The response to this motion
would be marked “Plaintiff’s Response to Defendant’s Motion #1 – Motion to
Dismiss.”
April 4, 2014 - Motions in Limine shall be filed and Responses thereto filed in
12)
compliance with the Rules. No replies are necessary. Each pleading shall not
exceed 5 pages in length;
IT IS FURTHER ORDERED setting a Final Trial Management Conference in this
matter on April 25, 2014, at 10:30 a.m. (30 min.) in this division. Counsel who will try this
case shall appear in person at the Final Trial Management Conference.
IT IS FURTHER ORDERED setting this matter for a 2-day Jury Trial for May 5, 2014,1
at 9:30 a.m. in this division.
THIS IS A FIRM TRIAL SETTING
NO CONTINUANCE SHALL BE GRANTED
Trial days are normally 9:30 a.m. to 4:30 p.m., Monday through Thursday.
IT IS FURTHER ORDERED that motions in limine shall be filed in accordance with

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
10/18/2013
Docket Code 089
Form V000A
Page 4
Rule 7.2 of Civil Procedure and as follows:
Motions in Limine shall be consecutively numbered in the caption identifying the
A.
party filing it and the subject of the motion; e.g. “Plaintiff’s Motion in
Limine
No. 1 Re: Defendant’s expert;” or “Defendant’s Motion in Limine No. 1 Re: No
mention of insurance.”
Each motion in limine shall deal with one discrete subject.
B.
DO NOT combine a motion in limine with ANY other motion.
C.
DO NOT file a “cross-motion in limine.”
D.
Label responses to motions in limine by identifying the number and subject of the
E.
motion being responded to; e.g. “Defendant’s Response to Plaintiff’s Motion in
Limine No. 1 Re: Defendant’s expert.”
DO NOT respond to more than one motion in limine in each response.
F.
A joint pretrial statement (JPTS) prepared in accordance with Rule 16(d) is due 5 judicial
days prior to the Final Trial Management Conference. The following shall be filed with the
JPTS:
A list of the names of all witnesses who may testify to be read to the jury.
A.
A set of agreed-upon jury instructions with an additional copy on a disk, in
B.
Word format.
Separate sets of requested instructions that have not been agreed upon
C.
with an additional copy on a disk, in Word format.
Proposed findings of fact and conclusions of law (if a request for same has
D.
been or will be filed).
A stipulated brief summary of the case, which the court can read at the
E.
outset of voir dire.
All exhibits shall be exchanged 30 days before trial. Counsel shall confer

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
10/18/2013
Docket Code 089
Form V000A
Page 5
regarding exhibits so duplicates are avoided and list any stipulations to those
exhibits which can be received in evidence. At least ten days before trial, counsel
or their knowledgeable assistants, shall call the division clerk at (602) 372-3186 to
obtain written procedures for marking exhibits. At least one week before trial,
counsel shall submit all exhibits to the clerk of the division for marking. Original
depositions are provided to the clerk for the record and not marked as exhibits.
9:36 a.m. Matter concludes.
TRIAL MANAGEMENT ORDER
PURPOSE: These trial procedures are designed to enhance jury comprehension of the
facts and issues; to assist counsel in making the maximum, effective use of their trial time; and to
assure the “just, speedy and inexpensive determination” of the parties’ dispute.
IT IS ORDERED:
1.
Voir dire. Counsel may conduct a limited and reasonable examination of the
panel following the Court’s questioning. In the normal case, 15 to 20 minutes is reasonable. Jury
“conditioning” will not be allowed. Use of “mini-openings” before voir dire in lieu of a brief
statement of the case will be discussed with counsel at the pretrial management conference.
Submission of proposed voir dire instructions to the court is NOT required.
2.
Time allocations. The Court may make tentative, reasonable, presumptive time
allocations for each side. If so, your time will be charged when you have the floor, e.g., voir dire,
opening statement, direct examination, cross-examination, closing argument and lost time caused
by failure to have witnesses available. You will be regularly informed of time used and time
remaining. As this case proceeds, the court will consider the necessity of imposing
presumptive time limits on the parties.
3.
Notification of order of proof. Each side shall notify the other on a “rolling” forty-
eight hours’ basis of the order in which witnesses will be called. From time to time, counsel may
be asked to inform the jury of their order of proof. (Witnesses may be scheduled out of order on
agreement of counsel or, if necessary, by order of Court.)
4.
Absent witnesses. The Court encourages the use of brief, agreed-upon deposition

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
10/18/2013
Docket Code 089
Form V000A
Page 6
summaries. If the deposition was videotaped, the Court encourages use of a brief, edited extract
of pertinent portions of the deposition. Videoconferencing may be arranged at the offering
party’s expense.
5.
Bench conferences are discouraged. They interrupt the trial, show a certain
rudeness in excluding the jury and do not fool the jurors, who understand that someone is trying
to keep information from them. If counsel wishes to be heard on an objection outside the
presence of the jury, he or she need merely indicate such, and the Court will direct inquiring
counsel to move to another subject. The matter will be considered at the next available recess.
One exception is jury questions. Counsel may be called to the bench when they are submitted.
6.
Jury questions will be reviewed with counsel and, if appropriate, answered at the
first available opportunity.
7.
Introduction of witnesses. If counsel wish, they may introduce each witness to
the jury after the witness is sworn and before the witness begins his or her testimony. An
introduction might include the witness’ name and occupation and a brief summary of the
witness’s proposed testimony. Alternatively, the Court will not sustain an objection to an
opening question such as, “Please tell the jury who you are and why you are here.”
8.
Expert opinions. Counsel are strongly encouraged to elicit the expert’s opinion at
the earliest, available opportunity. The hypothetical question has been abolished, and the
witness’ qualifications should have been established before trial. In the first two to five minutes,
the jury should know who the witness is and why the witness is present.
9.
Expert witnesses’ resumes (brief and descriptive) will be admitted over a hearsay
objection. Questions of length and content will be resolved before trial.
10.
Objections shall be stated succinctly and clearly without extended comment or
argument. The Court will supply the jury with a glossary of terms, which includes a definition of
some common objections, at the time the Court reads the preliminary instructions. A copy of the
glossary is attached.
11.
Permission to approach and/or publish. Counsel need not ask the Court’s
permission to approach the clerk or a witness, nor need counsel ask the Court’s permission to
publish or pass an exhibit which has been received in evidence to the jury.
12.
Interim commentaries. In cases scheduled for more than 5 court days, counsel

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
10/18/2013
Docket Code 089
Form V000A
Page 7
may request the opportunity to give 5 minute interim commentaries each week as the case
progresses. Commentaries will consist of statements of fact as to evidence presented or to be
presented and will not contain argument.
13.
Microphones. Because of the acoustics of our courtroom, it is often difficult to
hear a speaker. For the benefit of the jurors and court staff, it is appreciated if all speakers use the
assistance of a microphone, whether at the podium or the attorney tables. A microphone is also
provided for witnesses.
14.
Technology. Counsel are encouraged to make maximum, effective use of the
many forms of trial and courtroom technology which are available. Counsel should ensure that
the technology is appropriately set up and working properly before its use is attempted in court.
15.
Daily schedule. A trial day is from 10:00 a.m. to 4:30 p.m., with lunch usually
from noon until 1:30 p.m., one fifteen-minute break in the morning and one in the afternoon.
16.
Trial interruptions. Trial will not be interrupted for discussion of legal matters.
The Court is available daily before and after trial and during regular recesses to consider such
matters.
Glossary: (to be supplied to the jurors)
Some Words and Phrases You May Hear
During the trial, you may hear these words or phrases:
“Deposition.” A deposition is the testimony of a witness taken before trial. The witness
is placed under oath, and the lawyers may ask questions. The questions and answers are
recorded.
“Disclosure.” Our rules require the parties to exchange certain information before trial.
An objection of “non-disclosure” is a claim that the other party has not disclosed the information
before trial.
“Discovery.” Discovery is another way the parties may obtain information from other
parties or third persons before trial. Depositions and interrogatories are examples of discovery.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
10/18/2013
Docket Code 089
Form V000A
Page 8
“Foundation.” An objection to lack of foundation is a claim that more preliminary
information is needed before a question can be answered or a document admitted into evidence.
“Hearsay.” Hearsay is an out-of-court statement offered to prove the truth of the
contents of the statement. Hearsay is generally not admissible. There are many exceptions to the
hearsay rule, and some out-of-court statements are not hearsay.
“Interrogatory.” An interrogatory is a written question submitted before trial to a party or
witness to be answered under oath.
“Leading.” A leading question is one which suggests the answer. The law prefers the
answer to come from the witness’s own knowledge and words. Leading questions are
sometimes allowed; examples are cross-examination of an opposing party or hostile witness,
preliminary questions and questions about technical subjects.
“Rule____.” Proceedings in court are governed by rules of evidence and rules of
procedure. A lawyer may cite a specific rule in arguing for or against an objection.
“Voir dire.” This French phrase means “to tell the truth.” It describes a preliminary
examination of a witness or juror sworn to tell the truth. Jury selection is often referred to as
“voir dire.” An opposing lawyer may ask to “voir dire” a witness to ask questions about a
document or testimony the witness is about to offer.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/14/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017530
11/13/2013
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ARTHUR T. ANDERSON
L. Nelson
Deputy
SOLERA CHANDLER HOMEOWNERS
ASSOCIATION INC
JOSHUA M BOLEN
v.
DUANE MCDONALD, et al.
MARK BAINBRIDGE
CASE SETTLED/INACTIVE CALENDAR
Notice of Settlement having been filed on November 12, 2013,
IT IS ORDERED as of the date of this minute entry, placing this matter on the Inactive
Calendar for dismissal on January 6, 2014, without further notice, unless prior to that date a
judgment is entered or filed, a stipulation of dismissal is presented, or a motion to set and
certificate of readiness is filed.
IT IS FURTHER ORDERED vacating all further court settings.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

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