01/09/2014 — CV2012017113 01, L L C, BIG INVESTMENTS 01/09/2014 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/13/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
01/09/2014
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya
Deputy
FALCON ESTATES HOMEOWNERS
ASSOCIATION
EDWARD OBRIEN
v.
BIG INVESTMENTS 01, L L C, et al.
DOUGLAS N NELSON
SETTLEMENT/PLACED ON INACTIVE CALENDAR
Central Court Building – Courtroom 401
9:06 a.m. This is the time set for telephonic Status Conference. Counsel for the plaintiff,
Rodney Galarza, is present. Counsel for the defendant, Douglas Nelson, is present. All parties
are present telephonically.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The Court having been advised this case has settled,
IT IS ORDERED placing this matter on the inactive calendar for dismissal without further
notice on March 10, 2014, unless prior to said date a judgment is entered or filed, a stipulation of
dismissal is presented, or a motion to set and certificate of readiness is filed.
9:08 a.m. Matter concludes.
01/15/2013 — CV2012017113 01, L L C, BIG INVESTMENTS 01/15/2013 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
01/15/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya
Deputy
FALCON ESTATES HOMEOWNERS
ASSOCIATION
NICHOLAS J SCAVIO
v.
BIG INVESTMENTS 01, L L C, et al.
DOUGLAS N NELSON
MINUTE ENTRY
The Court has received and reviewed Plaintiff’s Request for Rule 16 Scheduling
Conference. (Please note: It is this division’s practice to not set a conference date at this time,
but rather to have the parties submit a Joint Status/Scheduling Memorandum and scheduling
order for the Court’s signature as set forth below.)
IT IS ORDERED as follows:
Counsel/parties are to meet personally to discuss all of the matters set forth in Rule 16,
A.R.Cv.P. Counsel/parties shall prepare and file with the Court, no later than February 19,
2013, a Joint Status/Scheduling Memorandum, and a form of Order, for discovery, motion and
disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form set forth below,
containing the provisions which are applicable to their case. For example, paragraph 1 of the
Order set forth below need not be included in the parties’ proposed Order if the parties intend to
disclose their experts’ identity and opinions at the same time they disclose their experts’ areas of
testimony. Similarly, if the parties agree to simultaneously disclose the identity and opinions of
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
01/15/2013
Docket Code 023
Form V000A
Page 2
their expert witnesses, they need not include in their proposed Order the language set forth in
paragraph 2a. and b., below.
The proposed Order shall include specific dates (“December 5, 2009” is a specific date.
“90 days prior to trial” is a date in reference to a trial date and is not a specific date). All
applicable blanks should be filled in. Do not incorporate a firm trial date in the proposed
Order.
If counsel/parties are unable to agree on any of the items that are to be included in the
Order, the reasons for their inability to agree shall be set forth in their Scheduling Memorandum
and each shall prepare a separate proposed Order.
The Court will review the Joint Status/Scheduling Memorandum and Scheduling Order.
If all is in order, the Court will set a scheduling/status conference (via separate minute entry)
close to the discovery cutoff date. At the scheduling/status conference, if the parties have
completed discovery and are ready for trial, the Court will set firm dates for the final pretrial
management conference and the trial. If the parties are not ready for trial, the matter will be
placed on the Inactive Calendar for dismissal within 60 days.
If counsel/parties feel a pretrial conference is still necessary at this stage of the litigation,
they should address the reasons why in the first paragraph of the Joint Status/Scheduling
Memorandum.
If a Joint Status/Scheduling Memorandum and Scheduling Order are not timely
submitted, the Court will place the matter on the Inactive Calendar for dismissal.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
01/15/2013
Docket Code 023
Form V000A
Page 3
SCHEDULING ORDER FORMAT:
The Court has received and reviewed the parties’ Joint Status/Scheduling Memorandum
and proposed Scheduling Order.
In accordance therewith,
IT IS ORDERED as follows:
1.
The parties shall mutually and simultaneously disclose areas of expert testimony
by 5:00 p.m. on ________, 20__. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
20__.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
20__.
2.
The parties shall mutually and simultaneously disclose the identity and opinions
of their expert witnesses by 5:00 p.m. on ________, 20__. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 20__.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 20__.
3.
Any and all discovery requests shall be served by 5:00 p.m. on ________, 20__.
4.
The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________,
20__. [or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
20__.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 20__.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
01/15/2013
Docket Code 023
Form V000A
Page 4
5.
The parties shall mutually and simultaneously disclose their rebuttal expert
witnesses and opinions by 5:00 p.m. on ________, 20__.
6.
All discovery shall be concluded by 5:00 p.m. on ________, 20__.
7.
The parties shall have exchanged up-to-date final Rule 26.1 Supplemental
Disclosure Statements by 5:00 p.m. on ________, 20__. This Order does not
replace the parties’ obligation to seasonably disclose on an on-going basis under
Rule 26.1 as information becomes available.
8.
Settlement conference (choose one):
a.
PRIVATE MEDIATION
The parties shall participate in private mediation by 5:00 p.m. on ________,
20__;
All counsel/parties and their clients, or non-lawyer representatives who have
full and complete authority to settle this case, shall personally appear and
participate in good faith in this mediation, even if no settlement is expected.
The mediator may permit a non-lawyer representative to appear
telephonically if such appearance is requested and granted prior to the
hearing.
OR
b.
REFERRAL TO ADR FOR SETTLEMENT CONFERENCE
**Referral will be issued by Clerk via separate minute entry.**
The parties request a referral to the Court’s Alternative Dispute Resolution Office
(ADR) for the appointment of a judge pro tempore to conduct a settlement
conference. The parties request that the judge pro tempore conduct a settlement
conference not later than ________________, 20__. (NOTE: The ADR Office
requires a minimum of 90 days to set a conference date.)
9.
No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at
trial other than those disclosed in a timely manner, except for good cause shown
or written agreement of the parties.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
01/15/2013
Docket Code 023
Form V000A
Page 5
10.
Should any discovery disputes arise, counsel/parties, prior to filing discovery
motions, shall meet and confer pursuant to Rule 37, Ariz.R.Civ.P.
11.
The dates set forth in this Order are FIRM dates and will not be extended or
modified by this Court absent good cause. Lack of preparation will not ordinarily
be considered good cause.
12.
Rule 38.1 of Ariz.R.Civ.P. is waived unless and until otherwise ordered by the
Court.
IT IS FURTHER ORDERED setting a Telephonic Status/Scheduling Conference for the
purpose of assigning a trial date on ______________ at ____________ in this division.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
_____________________
______________________________
Date
Honorable David O. Cunanan
Judge of the Superior Court
06/27/2013 — CV2012017113 01, L L C, BIG INVESTMENTS 06/27/2013 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/28/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
06/27/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya
Deputy
FALCON ESTATES HOMEOWNERS
ASSOCIATION
NICHOLAS J SCAVIO
v.
BIG INVESTMENTS 01, L L C, et al.
DOUGLAS N NELSON
TELEPHONIC SCHEDULING CONFERENCE SET
The Court is in receipt of Plaintiff’s Request for Rule 16 Scheduling Conference.
IT IS ORDERED setting a Telephonic Status/Scheduling Conference for the purpose of
assigning a trial date on August 16, 2013 at 10:45 a.m. (time allotted: 10 minutes).
Counsel/parties shall have their trial calendars available for the conference.
NOTE: 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 (602-372-1710) at the scheduled time.
08/16/2013 — CV2012017113 01, L L C, BIG INVESTMENTS 08/16/2013 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/27/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
08/16/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya
Deputy
FALCON ESTATES HOMEOWNERS
ASSOCIATION
EDWARD OBRIEN
v.
BIG INVESTMENTS 01, L L C, et al.
DOUGLAS N NELSON
MINUTE ENTRY
Central Court Building – Courtroom 401
10:50 a.m. This is the time set for Pretrial Conference. Counsel for the plaintiff, Robert
Willis, is present. Counsel for the defendant, Douglas Nelson, is present. All parties are present
telephonically.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The parties indicate a partial settlement has been reached and a partial dismissal is forth
coming.
Counsel for the plaintiff indicates an amended complaint is forth coming.
Based upon the matters presented,
IT IS ORDERED setting a Telephonic Status Conference on September 26, 2013 at 9:00
a.m. (time allotted: 10 minutes), in this division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
08/16/2013
Docket Code 028
Form V000A
Page 2
HONORABLE DAVID O. CUNANAN
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
602-372-1710
NOTE: 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 at the scheduled time.
10:55 a.m. Matter 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.
09/26/2013 — CV2012017113 01, L L C, BIG INVESTMENTS 09/26/2013 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
09/26/2013
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
S. Wrye/C. Montoya
Deputy
FALCON ESTATES HOMEOWNERS
ASSOCIATION
EDWARD OBRIEN
v.
BIG INVESTMENTS 01, L L C, et al.
DOUGLAS N NELSON
MINUTE ENTRY
Central Court Building – Courtroom 401
9:20 a.m. This is the time set for telephonic Status Conference. All parties are appearing
telephonically. Counsel for Plaintiff, Edward Obrien, is present. Counsel for Defendant
Stonefield Enterprises, Inc., Douglas N. Nelson, is present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion ensues regarding the status of the case.
Upon request of counsel,
IT IS FURTHER ORDERED vacating the telephonic Status Conference set on October
16, 2013 and resetting the same to December 19, 2013 at 9:30 a.m. (time allotted: ten (10)
minutes), in this division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
09/26/2013
Docket Code 003
Form V000A
Page 2
The Court has requested a telephonic/electronic appearance at the above set Status
Conference.
IT IS ORDERED granting said request and directing any party who is appearing
telephonically or electronically to provide a current and valid email address to the Division’s
Judicial Assistant no later than fifteen (15) days prior to the scheduled hearing. Counsel and/or
the parties shall provide this address by email to: Sofia Gonzalez ---
[email protected]
At least ten (10) minutes prior to the hearing, the parties will receive an email with an
electronic link access to the hearing. Counsel/Parties are responsible for following the
instructions to join the hearing. Counsel/parties are required to provide their own camera with
microphone if they wish to appear by video; otherwise, a telephone will be required for an audio
only appearance.
An electronic record will be maintained of these proceedings.
9:25 a.m. Matter concludes.
12/19/2013 — CV2012017113 01, L L C, BIG INVESTMENTS 12/19/2013 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/20/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
12/19/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya
Deputy
FALCON ESTATES HOMEOWNERS
ASSOCIATION
EDWARD OBRIEN
v.
BIG INVESTMENTS 01, L L C, et al.
DOUGLAS N NELSON
STATUS CONFERENCE SET
Central Court Building – Courtroom 401
9:33 a.m. This is the time set for Status Conference. Counsel for the plaintiff, Rodney
Galarza, is present. Counsel for the defendant, Douglas Nelson, is present. All parties are
present via Webex.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion ensues regarding the status of the case.
To allow the parties to negotiate,
IT IS ORDERED setting another Status /Scheduling Conference for the purpose of
assigning a trial date on January 9, 2014 at 9:00 a.m. (time allotted: 10 minutes).
Counsel/parties shall have their trial calendars available for the conference.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-017113
12/19/2013
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED directing any party who is appearing telephonically or
electronically at the above set conference to provide a current and valid email address to the
Division’s Judicial Assistant no later than fifteen (15) days prior to the scheduled hearing.
Counsel and/or the parties shall provide this address by email to: Sofia Gonzalez ---
[email protected]
At least ten (10) minutes prior to the hearing, the parties will receive an email with an
electronic link access to the hearing. Counsel/Parties are responsible for following the
instructions to join the hearing. Counsel/parties are required to provide their own camera with
microphone if they wish to appear by video, otherwise a telephone will be required for an audio
only appearance.
An electronic record will be maintained of these proceedings.
9:36 a.m. Matter 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.
