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Maricopa County Superior Court Case CV2000-021228: public docket details, parties, minute entries, documents, and official source links for Gainey Ranch Community Association.

Case Number

CV2000-021228

County

Maricopa

Caption

Not captured

Filed

11/28/2000

Case Type

Civil

Judge

Z Unassigned, Z Unassigned

Location

Northeast

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 02/06/2002
02/04/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 089
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
LISA M COULTER
R COREY HILL
MINUTE ENTRY
The Controverting Certificate to the Motion to Set is
denied, because the trial date will allow enough time to
complete discovery. Discovery may continue to 60 days before
trial.
IT IS ORDERED:
1.
This matter is set for trial to the Court on April 3,
2002 at 9:30 a.m. in this division.
Estimated length of trial is: 3 days.
THIS IS A FIRM TRIAL SETTING.
2.
The joint pretrial statement in accordance with Rule
VI, Uniform Rules of Practice, is due by 5:00 p.m.,
five days prior to trial. In addition to the
information required by Uniform Rule VI, counsel are
to identify in/with the joint pretrial statement all
deposition or other transcribed testimony that may be

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 02/06/2002
02/04/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 089
Page 2
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.
3.
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.
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.
Motions in limine, which 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.”
D.
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).
4.
Written response to a motion in limine may be filed no
later than noon of the day before trial.
5.
All motions (except motions in limine) shall be filed
no later than seventy-five (75) days prior to trial so
they can be scheduled, briefed, argued and decided
prior to trial.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 02/06/2002
02/04/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 089
Page 3
6.
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
before
the
trial,
presenting
all
exhibits. The exhibits will be marked serially,
plaintiff’s first and defendant’s second.
7.
Opinions of experts fairly sought and revealed in
deposition
or
other
discovery
shall
not
be
supplemented at trial.
8.
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.
9.
All documents and pleadings described above shall be
delivered or telefaxed to opposing counsel on the date
they are delivered to the Court.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 02/08/2002
02/06/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 028
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
LISA M COULTER
R COREY HILL
MINUTE ENTRY
The Court has reviewed the Defendants’ motions. It is
obvious that the case is not ready for trial, and the Court will
rule without response from Plaintiffs.
THEREFORE, IT IS ORDERED vacating the trial date of April
3, 2002. The Court will reset the trial at the status
conference, which is set for March 19, 2002 at 8:30 a.m. in this
division.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 03/26/2002
03/19/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 029
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
JOHN M DICARO
R COREY HILL
L DREW METCALF
MINUTE ENTRY
8:35 a.m. This is the time set for Status Conference.
Plaintiffs are represented by counsel, Donald R. Alvarez and
Alicia
M.
Casale.

Defendants
Lechner
are
represented
telephonically by counsel, R. Corey Hill. Defendants Carlin and
Loo are represented telephonically by counsel, John M. DiCaro.
Defendants Realty Executives, Foltz and Waner are represented by
counsel, L. Drew Metcalf.
Court reporter is not present.
Status Conference is held, and the following is ordered:
1.
Trial to a jury is set for September 30, 2002 at
9:30 a.m. (4 days) in this division. See
separate minute entry for trial specifications.
2.
Dispositive motions are to be filed no later than
75 days prior to trial date.
8:45 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 03/26/2002
03/19/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 089
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
JOHN M DICARO
R COREY HILL
L DREW METCALF
MINUTE ENTRY
Pursuant to Status Conference held this date,
IT IS ORDERED:
1.
This matter is set for trial to a jury on September
30, 2002 at 9:30 a.m. in this division.
Estimated length of trial is: 4 days.
THIS IS A FIRM TRIAL SETTING.
2.
The joint pretrial statement in accordance with Rule
16, Rules of Procedure, is due by 5:00 p.m., five days
prior to trial. In addition to the information
required by Rule 16, 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

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 03/26/2002
03/19/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 089
Page 2
any, to such testimony, and the reasons for such
objections, are also to be set forth.
3.
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.
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.
Motions in limine, which 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.”
D.
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).
4.
Written response to a motion in limine may be filed no
later than noon of the day before trial.
5.
All motions (except motions in limine) shall be filed
no later than seventy-five (75) days prior to trial so
they can be scheduled, briefed, argued and decided
prior to trial.
6.
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

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 03/26/2002
03/19/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 089
Page 3
this
division
before
the
trial,
presenting
all
exhibits. The exhibits will be marked serially,
plaintiff’s first and defendant’s second.
7.
Opinions of experts fairly sought and revealed in
deposition
or
other
discovery
shall
not
be
supplemented at trial.
8.
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.
9.
All documents and pleadings described above shall be
delivered or telefaxed to opposing counsel on the date
they are delivered to the Court.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 05/27/2002
05/22/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 019
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
R COREY HILL
L DREW METCALF
MINUTE ENTRY
After considering the memoranda, the Court finds that there
are fact issues that need to be decided at trial. Plaintiffs’
Motion for Partial Summary Judgment is denied.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 06/11/2002
06/07/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
J. Williams
Deputy
CV 2000-021228
Docket Code 023
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
JOHN M DICARO
R COREY HILL
RICHARD V MACK
MINUTE ENTRY
Pursuant to Stipulation,
IT IS ORDERED granting extension of time to disclose expert
witnesses.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 07/10/2002
07/05/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
CV 2002-012240
Docket Code 094
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
LISA M COULTER
R COREY HILL
RICHARD V MACK
J MICHAEL LOW
MINUTE ENTRY
IT IS ORDERED setting oral argument re: Plaintiffs’ Motion
to Consolidate on August 16, 2002 at 9:00 a.m. in this division.
cc: Judge Steinle

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 07/17/2002
07/16/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 094
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
JOHN M DICARO
R COREY HILL
RICHARD V MACK
MINUTE ENTRY
IT
IS
ORDERED
setting
oral
argument
re:
Defendants
Lechners’ Motion for Summary Judgment for August 26, 2002 at
9:00 a.m. in this division.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 07/29/2002
07/26/2002
CLERK OF THE COURT
FORM V053
HON. ROLAND J. STEINLE
J. Escarcega
Deputy
CV 2000-021228
CV 2002-012240
Docket Code 053
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
LISA M COULTER
R COREY HILL
RICHARD V MACK
DOCKET-CIVIL-CCC
FILE ROOM-CSC
CASE CONSOLIDATION
On Motion of Plaintiffs, and pursuant to Ariz.R.Civ.P.42(a)
and Maricopa County local Rule 2.1(c),
IT IS ORDERED consolidating cause numbers CV2002-012240 and
CV2000-021228 under cause number CV2000-021228 for all further
proceedings.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 08/12/2002
08/08/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 094
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
RICHARD V MACK
J MICHAEL LOW
R COREY HILL
MINUTE ENTRY
IT
IS
ORDERED
setting
oral
argument
re:
Defendants
Lechners’ Motion to Dismiss for September 18, 2002 at 9:00 a.m.
in this division.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 08/28/2002
08/26/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 019
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
ALICIA M CASALE
v.
RICKY L CARLIN, et al.
JOHN M DICARO
R COREY HILL
RICHARD V MACK
MINUTE ENTRY
9:00 a.m. This is the time set for oral argument re:
Defendants Lechners’ Motion for Summary Judgment. Plaintiffs
are represented by counsel, Alicia Casale. Defendants Lechner
are represented by counsel, R. Corey Hill. Defendants Carlin
and Loo are represented by counsel, John DiCaro. Defendants
Realty Executives, Foltz and Waner are represented by counsel,
Richard V. Mack.
Court reporter is not present.
Counsel for Defendants Lechner withdraws his Motion to
Dismiss as being moot.
Lechners’ Motion for Summary Judgment is argued to the
Court.
IT IS ORDERED taking this matter under advisement.
9:25 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 08/28/2002
08/26/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 019
Page 2
LATER:
After considering the memoranda and arguments of counsel,
the Lechners’ Motion for Summary Judgment is granted.
Also, Plaintiffs’ Motion to Amend the Complaint is denied.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 09/23/2002
09/18/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 049
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
J MICHAEL LOW
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
R COREY HILL
RICHARD V MACK
DONALD R ALVAREZ
MINUTE ENTRY
There being no objection to the Judgment submitted by the
Lechners, the Judgment is signed as to them only.
FILED: Judgment on Offer and Acceptance signed by the Court
on September 17, 2002 and filed (entered) by the Clerk on
September 18, 2002.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 09/27/2002
09/24/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 042
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
BURTON T COHEN
R COREY HILL
RICHARD V MACK
J MICHAEL LOW
MINUTE ENTRY
Court having been advised that this matter has settled,
IT IS ORDERED dismissing the case, with prejudice.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/03/2002
09/27/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
B. Navarro
Deputy
CV 2000-021228
(consol.)
Docket Code 081
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
v.
RICKY L CARLIN, et al.
BURTON T COHEN
CHRISTY CHISM BROWN
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
Pursuant to Stipulation of the remaining parties,
IT IS ORDERED vacating Trial set for September 30, 2002.
IT IS FURTHER ORDERED referring this matter to the Civil
Court Administration/Arbitration Desk for appointment of an
arbitrator in this matter.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/21/2002
10/15/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 049
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
JOHN M DICARO
R COREY HILL
RICHARD V MACK
MINUTE ENTRY
There being no objections filed, Judgment is signed and
costs of $1,157.35 awarded.
FILED: Judgment signed by the Court on October 15, 2002 and
filed (entered) by the Clerk on October 15, 2002.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/29/2002
10/24/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 019
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
R COREY HILL
RICHARD V MACK
MINUTE ENTRY
The Court has considered the pleadings, attorney Casale’s
letter, and the Motion for Reconsideration. There is no
authority that allows the Court to assess the Defendant
Lechner’s costs to another Defendant.
The Motion to Reconsider is denied.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 11/06/2002
11/04/2002
CLERK OF THE COURT
FORM V000A
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
CV 2000-021228
Docket Code 079
Page 1
FILED: _________________
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
BURTON T COHEN
R COREY HILL
RICHARD V MACK
CHRISTY CHISM BROWN
MINUTE ENTRY
Pursuant to stipulation,
IT IS ORDERED dismissing this case with prejudice as to
Defendants Realty Executives, John Foltz, Marie Foltz, and
Pattie Waner, all in accordance with formal written Order signed
by the Court on November 4, 2002.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2000-021228
12/05/2002
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery
Deputy
FILED: 12/09/2002
JOSEPH JUNKER, et al.
DONALD R ALVAREZ
v.
RICKY L CARLIN, et al.
EDWARD G HOCHULI
BURTON T COHEN
R COREY HILL
RICHARD V MACK
MINUTE ENTRY
After considering the memoranda, the Defendant Gainey Ranch’s Motion to Dismiss
and/or for Judgment on the Pleadings as to Count II of Complaint is granted. The negligence
claim was filed more than two years after the Plaintiffs knew or should have known of the claim.

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