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Maricopa County Superior Court Case CV2003-024457: public docket details, parties, minute entries, documents, and official source links for Firerock Resort Casitas Condominiums Homeowners Association.

Case Number

CV2003-024457

County

Maricopa

Caption

Not captured

Filed

12/23/2003

Case Type

Civil

Judge

Herrod, Michael

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

01/17/2006

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
D. Raybon

Deputy

FILED: 01/18/2006

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
HOPE N KIRSCH
SUSANNE B LUSE
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN

MINUTE ENTRY

IT IS ORDERED setting this matter for Oral Argument on Third-Party Defendant
Young Builders’ Motion to Compel Compliance with Subpoena for February 21, 2006 at
1:30 p.m. in this division.

HON. BARRY C. SCHNEIDER
Judge of Superior Court of Arizona
125 W. Washington - OCH
Courtroom 103 – 1st Floor
Phoenix, Arizona 85003
(602) 506-3351

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

01/17/2006

Docket Code 094
Form V000A
Page 2

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 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
02/21/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
D. Raybon
Deputy
FILED: 02/23/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
MINUTE ENTRY
The court has now reviewed Third Party Defendant Young Builder’s Motion to Compel
Compliance With Subpoena, Third Party Plaintiffs Mirage Homes, LLC and Mirage Homes
Constructions, Inc.’s 1) Response, 2) Motion for Protective Order, and 3) Motion to Quash
Subpoena, and all responses and replies to the above.
Although no oral argument had been requested, the court had scheduled oral argument for
February 21, 2006 at 1:30 p.m.
The court has now reviewed all of the above and determines, pursuant to Rule 7.1(c), that
oral argument is no longer necessary.
IT IS ORDERED as follows:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
02/21/2006
Docket Code 023
Form V000A
Page 2
1)
DENYING Young Builder’s Motion to Compel.
2)
DENYING Mirage Homes’ Motions for Protective Order.
3)
GRANTING Mirage Homes’ Motion to Quash Subpoena.
4)
VACATING the oral argument set this date.
The court assumes that during the course of disclosure and discovery, Mirage Homes will
disclose all relevant information concerning the reasonableness of the settlement. The
documents which are the subject of the subpoena are either privileged, the subject of work
product immunity or not reasonably calculated to lead to the discovery of admissible evidence.
It is noted from Mirage Homes’ reply that the amount of the settlements have been disclosed.
Until that occurred, the court may have granted some relief to Young Builders. Again, assuming
compliance with disclosure and discovery rules, information about the reasonableness of the
settlements will be forthcoming without violating any privilege or work product protection.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

03/15/2004

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
THE HONORABLE MICHAEL A. YARNELL
M. L. Smith

Deputy

FILED: 03/18/2004

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

COMPREHENSIVE PRETRIAL CONFERENCE SET

At the request of the parties,

IT IS ORDERED setting a Comprehensive Pretrial Conference pursuant to Rule 16(b),
Rules of Civil Procedure, for April 7, 2004 at 8:30 a.m. before,

HON. MICHAEL A. YARNELL
JUDGE OF THE SUPERIOR COURT
East Court Building, Suite 512
101 West Jefferson
Phoenix, Arizona 85003

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

04/04/2005

Docket Code 027
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
C. Johnston

Deputy

FILED: 04/07/2005

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION

WILLIAM R METTLER JR.
LEE P BLAKE

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
SUSANNE B GARDNER
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
HOPE N KIRSCH
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
LISA A SHANNON
MICHAEL A LUDWIG

PRETRIAL CONFERENCE

3:08 p.m. This is the time set for Rule 16 Comprehensive Pretrial Conference. Mirage is
represented by counsel, Bill Mettler and co-counsel, Lee Blake. Defendant Chas Roberts is
represented by counsel, Kenneth Januszewski. Defendant MP Construction is represented by
counsel, Peter Donovan who appears on behalf of Hope Kirsch. Defendants Shaw & Sons and
Castle Drywall are represented by counsel, Mike Ludwig. Defendant Leach Painting is
represented by counsel, Adam Campbell. Defendants Century Roofing and Fiano & Sons are
represented by counsel, Lisa Shannon.

Court Reporter, Jovanna Roman, is present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

04/04/2005

Docket Code 027
Form V000A
Page 2

Discussion is held.

Counsel for Mirage advises the court the parties are scheduled to participate in private
mediation on April 29, 2005.

IT IS ORDERED continuing this matter on the Inactive Calendar to July 31, 2005.

3:20 p.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
04/04/2006
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
K. Ballard
Deputy
FILED: 04/06/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
RINA K RAI
JAMES M SHINN
ROBERT N CLARK
CHARLES D ONOFRY
RULING
The court has received Third-Party Defendant Shaw & Sons Construction and
Development, Inc.’s Motion to Enforce Settlement Agreement. No response within the time
permitted has been received. Oral argument was requested.
IT IS ORDERED denying the request for oral argument.
Pursuant to Rule 7.1(b), Arizona Rules of Civil Procedure, the court deems the failure to
respond within the time permitted by the rules to be a consent to the granting of the motion. In
addition, the court has considered the motion(s) and all attachments.
IT IS ORDERED granting Third-Party Defendant Shaw & Sons Construction and
Development, Inc.’s Motion to Enforce Settlement Agreement.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
04/04/2006
Docket Code 019
Form V000A
Page 2
IT IS FURTHER ORDERED that if the settlement documents are not presented to
movant by April 30, 2006, the Third-Party Complaint shall be dismissed against movant without
further notice.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

04/07/2004

Docket Code 078
Form V000A
Page 1

CLERK OF THE COURT
THE HONORABLE MICHAEL A. YARNELL
M. L. Smith

Deputy

FILED: 04/09/2004

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

WILLIAM H DOYLE
DARRIEN O SHUQUEM
STEVEN R JANSSEN
WILLIAM R METTLER JR.
LEE P BLAKE

MINUTE ENTRY

8:30 a.m. In Chambers.

Time set for comprehensive pretrial conference. Counsel, Darrien O. Shuquem and
Steven R. Janssen, are present for Michael D. Dicks who represents Plaintiff. Counsel, William
R. Mettler, Jr. is present for William H. Doyle who represents Defendants. Counsel, Lee P.
Blake, is present for Jill Ann Herman who represents Defendants.

Court Reporter is not present.

The background and nature of this construction defect case filed December 23, 2003 is
discussed.

The case involves an 80+ unit condominium project built and developed by the Mirage
Homes Defendants in the late 1990’s timeframe. The project is sold out, with individual owners
of the various units. The Condominium Association Plaintiff alleges various construction
defects and seeks cost of repair.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

04/07/2004

Docket Code 078
Form V000A
Page 2

Plaintiff and Defendants have each identified their initial construction defect expert. Site
inspection and initial destructive testing is scheduled. Initial Rule 26.1 Disclosure Statements
have been exchanged and the parties contemplate establishing a document depository.
Defendants intend to add down-chain contractors and suppliers to the case by way of third-party
complaint. Plaintiff estimates a claim in the range of several million dollars. The parties expect
to involve a private mediator.

Good cause appearing, without objection,

IT IS ORDERED approving and entering the parties’ stipulated Scheduling Order, signed
and filed herewith.

FURTHER ORDERED granting leave to Defendants to file, and Defendants shall and
must file, their Third Party Complaint naming subcontractors/suppliers on or before 5:00 p.m.,
May 15, 2004.

FURTHER ORDERED setting a comprehensive pretrial conference at 9:30 a.m., July
19, 2004. At that conference it is likely the court will establish an outside date after which no
additional parties may be added to this action.

FURTHER ORDERED as follows:

1.
The provisions of Rule 38.1, Rules Of Civil Procedure, are waived and suspended
for this case.
2.
Trial experts must be seasonable disclosed prior to this date upon a party's
formation of an "expectation" that they will be called as an expert to testify at trial. Rule
26.1(6).
3.
All professional literature relied upon by any trial expert shall be disclosed at least
five (5) days prior to that expert’s deposition.
4.
The presumptive Four (4) hour time limit for all depositions shall apply unless
otherwise agreed by counsel as to a particular deposition or ordered by the court.

FURTHER ORDERED placing this matter on the inactive calendar until August 19, 2004.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
04/12/2006
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
K. Ballard
Deputy
FILED: 04/14/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
RINA K RAI
JAMES M SHINN
ROBERT N CLARK
CASE STATUS MINUTE ENTRY
The Court is advised this case has been settled as to the claims between Third-Party
Plaintiffs Mirage Homes, LLC and Mirage Homes Construction, Inc. and Third-Party
Defendants Castle Drywall, Inc., and Shaw & Sons, Inc.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on May 12,
2006 as to the claims between Third-Party Plaintiffs and Third-Party Defendants Castle
Drywall, Inc. and Shaw & Sons, Inc., only, without further notice unless prior to said date a
Judgment is entered or filed or a Stipulation for Dismissal is presented.
IT IS FURTHER ORDERED that as to the remaining Defendant(s), the provisions of
Rule 38.1, Arizona Rules of Civil Procedure, shall continue to apply.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/18/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
04/13/2007
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
D. Pluff
Deputy
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
MINUTE ENTRY
IT IS ORDERED setting a Status Conference in this matter on April 30, 2007 at
2:00 p.m. (time allotted: 15 minutes), in this Division.
HON. EDWARD O. BURKE
Judge of Superior Court of Arizona
125 W. Washington - OCH
Courtroom 103 – 1st Floor
Phoenix, Arizona 85003
(602) 506-6538

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
04/13/2007
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED that in no less than five days prior to the Status Conference
set herein, the parties shall submit a joint memorandum supplementing the previous joint
memorandum and reporting the history and status of the efforts at Alternative Dispute Resolution
pursuant to ARCP Rule 16(g).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
04/24/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
D. Raybon
Deputy
FILED: 04/26/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
MINUTE ENTRY
The court has received Third-Party Defendant Young Builders Roofings’ three Motions
for Summary Judgment. No responses have been received within the time permitted. Oral
argument has been requested.
Pursuant to Rule 7.1(c)(2), Arizona Rules of Civil Procedure, the court determines that,
in order to expedite its business, this matter shall be decided without oral argument. The court is
fully informed of the issues.
Pursuant to Rule 7.1(b), Arizona Rules of Civil Procedure, the court deems the failure to
respond within the time permitted by the rules to be a consent to the granting of the motions. In
addition, the court has considered the motions and all attachments.
IT IS ORDERED GRANTING all three motions as follows:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
04/24/2006
Docket Code 023
Form V000A
Page 2
1) As to Motion for Summary Judgment No. 1 re: Non-Indemnity Claims, IT IS
ORDERED DISMISSING the first, second, third, fifth, sixth, eighth, ninth and tenth
causes of action of Defendants’ Fist Amended Third-Party Complaint as to movant.
2) As to Motion for Summary Judgment No. 2 re: Implied Warranty, IT IS ORDERED
DISMISSING the claim of implied indemnity against movant.
3) As to Motion for Summary Judgment No. 3 re: Lack of Evidence to Support
Indemnity Claim, IT IS ORDERED DISMISSING Third-Party Plaintiff’s claim for
indemnity against movant.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/02/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
04/30/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
E. Parrish
Deputy
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
CASE SETTLED/INACTIVE CALENDAR
2:39 p.m. This is the time set for a Status Conference. Plaintiff is not present or
represented. Defendant Mirage Homes, L.L.C. and Mirage Homes Construction, Inc. are
represented telephonically by counsel, Travis Campbell. Defendant D & M Ironwoods, Inc. is
represented telephonically by counsel, Kenneth Januszewski.
Court Reporter, Scott Coniam, is present.
The court is advised that all parties have settled in this matter. Therefore,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
04/30/2007
Docket Code 078
Form V000A
Page 2
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on May 30,
2007, without further notice, unless prior to said date a judgment is entered, a motion to set and
certificate of readiness, or an appeal from arbitration is filed (if this case is subject to arbitration).
2:40 p.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
05/01/2006
Docket Code 079
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
W. Yank
Deputy
FILED: 05/03/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
DOCKET-CIVIL-CCC
MINUTE ENTRY
On April 4, 2006, this court issued its minute entry granting Third-Party Defendant Shaw
and Sons Construction and Development, Inc.’s Motion to Enforce Settlement Agreement. The
court ordered that if the settlement documents are not presented to movant by April 30, 2006, the
Third-Party Complaint shall be dismissed.
No further information has been received by the court within the time provided.
Accordingly,
IT IS ORDERED DISMISSING Third-Party Complaint against Third-Party Defendant
Shaw & Sons Construction and Development Inc.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
05/01/2006
Docket Code 079
Form V000A
Page 2
The court expressly determines that there is no just reason for delay and expressly directs the
entry of this Partial Judgment as a final judgment pursuant to Rule 54(b), ARCP.
/ s / HONORABLE BARRY C. SCHNEIDER
JUDICIAL OFFICER OF THE SUPERIOR COURT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
05/05/2006
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
D. Raybon
Deputy
FILED: 05/09/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
ROBERT N CLARK
MINUTE ENTRY
The court has received and considered Third-Party Defendant Shaw & Sons Construction
and Development, Inc. and Castle Drywall, Inc.’s Motion for Clarification.
IT IS ORDERED GRANTING said motion.
To clarify, the original Motion to Enforce Settlement Agreement did not reference Third-
Party Defendant Castle Drywall in the heading and was therefore not referenced in the court’s
minute entry of April 4, 2006.
IT IS ORDERED, nunc pro tunc, amending this court’s minute entry dated April 4, 2006
to reflect that the court order issued on April 4, 2006 granting the Motion to Enforce Settlement
Agreement also refers to Third-Party Defendant Castle Drywall.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
05/08/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
W. Yank
Deputy
FILED: 05/09/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
DOCKET-CIVIL-CCC
MINUTE ENTRY
The court is in receipt of Defendants Mirage Homes, L.L.C. and Mirage Homes
Construction, Inc.’s Notice of Compliance with Court Order and Motion to Rescind the Court’s
Order of May 1, 2006.
Good cause appearing,
IT IS ORDERED vacating the Order dismissing the Third-Party Complaint against
Third-Party Defendant Shaw & Sons Construction and Development, Inc. and the entry of Partial
Judgment as stated in the Minute Entry dated May 1, 2006.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
05/11/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
W. Yank
Deputy
FILED: 05/15/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
ROBERT CLARK
2 NORTH CENTRAL
PHOENIX AZ 85004
COURT ADMIN-CIVIL-CCC
MINUTE ENTRY
The court has received the Stipulated Motion to Reconsider the Court’s Ruling of April
24, 2006.
IT IS ORDERED vacating the court’s Minute Entry of April 24, 2006.
IT IS FURTHER ORDERED that responses to the motions for summary judgment shall
be filed on or before May 30, 2006.
IT IS FURTHER ORDERED that a reply may be filed within 10-days of the response.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
05/16/2006
Docket Code 079
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
D. Raybon
Deputy
FILED: 05/18/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
DOCKET-CIVIL-CCC
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE (PARTIAL)
This case was on the Inactive Calendar, as to the claims between Third-Party Plaintiffs
and Third-Party Defendants Castle Drywall, Inc. and Shaw & sons, Inc. only, for dismissal
on May 12, 2006 unless specified action was taken before a certain date. The date has passed,
and the action has not been taken.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
05/16/2006
Docket Code 079
Form V000A
Page 2
IT IS ORDERED dismissing this case, as to Third-Party Plaintiffs and Third-Party
Defendants Castle Drywall, Inc. and Shaw & sons, Inc. only, without prejudice.
/ s / HONORABLE BARRY C. SCHNEIDER
JUDICIAL OFFICER OF THE SUPERIOR COURT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
05/18/2006
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
W. Yank
Deputy
FILED: 05/22/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
MINUTE ENTRY
The court has received Defendants Mirage Homes, L.L.C. and Mirage Homes
Construction, Inc.’s Stipulated Motion to Continue Pretrial Management Conference.
Good cause appearing,
IT IS ORDERED vacating the Pretrial Management Conference set for May 22, 2006
and resetting same to May 30, 2006 at 8:30 a.m. (30 minutes) in this division.
HON. BARRY C. SCHNEIDER
Judge of Superior Court of Arizona
125 W. Washington - OCH
Courtroom 103 – 1st Floor
Phoenix, Arizona 85003
(602) 506-3351

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
05/22/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
W. Yank
Deputy
FILED: 05/23/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
MINUTE ENTRY
Counsel having notified the court that they are in settlement negotiations,
IT IS ORDERED vacating the Pretrial Management Conference set for May 22, 2006 and
the Trial set for June 14, 2006 in this matter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
06/09/2006
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
D. Raybon
Deputy
FILED: 06/12/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
DOCKET-CIVIL-CCC
CASE SETTLED-PARTIAL//INACTIVE CALENDAR
The court is advised that this case has been settled as to Third Party Defendant, Fiano &
Sons Plastering, LLC.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal, as to
Third Party Defendant, Fiano & Sons Plastering, LLC, on July 14, 2006 without further
notice, unless prior to said date a judgment is entered, a motion to set and certificate of readiness,
or an appeal from arbitration is filed (if this case is subject to arbitration).
The court is further advised that this case has been settled as to Third Party Defendant,
Century Roofing, Inc.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal, as to
Third Party Defendant, Century Roofing, Inc., on July 14, 2006 without further notice, unless
prior to said date a judgment is entered, a motion to set and certificate of readiness, or an appeal
from arbitration is filed (if this case is subject to arbitration).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

07/19/2004

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
THE HONORABLE MICHAEL A. YARNELL
M. L. Smith

Deputy

FILED: 07/22/2004

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

WILLIAM H DOYLE
RICHARD L RIGHI
JAMES M SHINN
DARRIEN O SHUQUEM
WILLIAM R METTLER JR.
JOHN J BELANGER
ADAM B CAMPBELL

MINUTE ENTRY

9:30 a.m. In Chambers.

Time set for comprehensive pretrial conference. Counsel, Darrien O. Shuquem, is
present for Michael D. Dicks who represents Plaintiff. Counsel, William R. Mettler, Jr. is
present for William H. Doyle, co-counsel for the Mirage Defendants. Counsel, Jill Ann Herman,
co-counsel for the Mirage Defendants, is not present. Counsel, John J. Belanger, is present for
Defendants Century Roofing and Structures, Inc. Counsel, Richard L. Righi, is present
telephonically for Defendant David R. Howard Electric. Counsel, Adam B. Campbell, is present
for Defendant Leach Painting & Drywall

Court Reporter is not present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

07/19/2004

Docket Code 005
Form V000A
Page 2

Defendant Mirage has served all parties named in its third party complaint. Some served
parties have not yet answered or been defaulted. Defendant Mirage intends to require answers or
enter defaults.

After discussion,

IT IS ORDERED items numbered 5 through 12 of the stipulated scheduling order entered
April 8, 2004, will be amended at the next comprehensive pretrial conference, after input from
the newly appearing parties. No other terms of the April 8, 2004, minute are modified. In
particular,

1. The provisions of Rule 38.1, Rules Of Civil Procedure, are waived and suspended for this
case.
2. Trial experts must be seasonably disclosed prior to this date upon a party's formation of
an "expectation" that they will be called as an expert to testify at trial. Rule 26.1(6).
3. All professional literature relied upon by any trial expert shall be disclosed at least five
(5) days prior to that expert’s deposition.
4. The presumptive Four (4) hour time limit for all depositions shall apply unless otherwise
agreed by counsel as to a particular deposition or ordered by the court.

FURTHER ORDERED setting a comprehensive pretrial conference at 11:00 a.m.,
September 13, 2004.

FURTHER ORDERED all parties shall show cause at 11:00 a.m., September 13, 2004,
why the court should not enter its order that no additional parties may be added to this action.

FURTHER ORDERED all counsel shall and must personally meet, confer, jointly
prepare, sign and file by 5:00 p.m., September 8, 2004, a Joint Comprehensive Pretrial
Conference Memorandum discussing all the topics in Rule 16(b), Rules Of Civil Procedure.

FURTHER ORDERED continuing this matter on the inactive calendar until October 13,
2004.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-024457
07/19/2006
Docket Code 079
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
W. Yank
Deputy
FILED: 07/25/2006
FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS
v.
MIRAGE HOMES L L C, et al.
JILL ANN HERMAN
ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
PARTIAL DISMISSAL MINUTE ENTRY
This cause was placed on the Inactive Calendar for dismissal on July 14, 2006 as to
Third Party Defendant, Fiano & Sons Plastering, LLC only unless specific action was taken.
The date has passed, and the action has not occurred.
IT IS ORDERED dismissing this cause as to Third Party Defendant, Fiano & Sons
Plastering, LLC only without prejudice.
IT IS FURTHER ORDERED signing this minute entry as a formal order of this court
pursuant to Rule 58, Arizona Rules of Civil Procedure.
/ s / HONORABLE BARRY C. SCHNEIDER
JUDICIAL OFFICER OF THE SUPERIOR COURT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

08/04/2005

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
C. Johnston

Deputy

FILED: 08/08/2005

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

CHARLES D ONOFRY
ADAM B CAMPBELL
HOPE N KIRSCH
WILLIAM H DOYLE
JOSEPH A KULA
RINA K RAI
KENNETH JANUSZEWSKI
SUSANNE B GARDNER ESQ
JONES, SKELTON, & HOCHULI
2901 N CENTRAL AVE
#800
PHOENIX AZ 85012

COMPREHENSIVE PRETRIAL
CONFERENCE SETTING

The court is in receipt of Request for Comprehensive Pretrial Conference.

IT IS ORDERED setting a Comprehensive Pretrial Conference for September 26, 2005
at 11:30 a.m. for 30 minutes before:

HON. BARRY C. SCHNEIDER
Judge of Superior Court of Arizona
201 W. Jefferson - CCB

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

08/04/2005

Docket Code 026
Form V000A
Page 2

Courtroom 1301 – 13th Floor
Phoenix, Arizona 85003
(602) 506-3351

*Counsel for the Plaintiff(s) and Defendant(s) are to meet personally before the Pretrial
Conference to discuss those subjects listed under A.R.C.P., Rule 16(b). Counsel for Plaintiff(s)
and Defendant(s) shall prepare and file a Joint Pretrial Conference Memorandum five judicial
days before the conference addressing all applicable subjects listed under 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
clients for failure to participate in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

COUNSEL ARE TO APPEAR IN PERSON UNLESS OTHERWISE ORDERED
BY THE COURT.

*If a party is unrepresented, references to counsel are to the party.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

08/16/2005

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
C. Johnston

Deputy

FILED: 08/17/2005

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
RINA K RAI
SCOTT G ANDERSEN
CHARLES D ONOFRY
JOSEPH A KULA
JAMES M SHINN
SUSAN B GARDNER ESQ
JONES SKELTON HOCHULI
2901 N CENTRAL AVE
#800
PHOENIX AZ 85012-2703

COMPREHENSIVE PRETRIAL
CONFERENCE SETTING

The court is in receipt of Third Party Plaintiffs Motion to Continue on Inactive Calendar.

IT IS ORDERED setting a Comprehensive Pretrial Conference for September 16, 2005,
2005 at 8:45 a.m. for 15 minutes before:

HON. BARRY C. SCHNEIDER
Judge of Superior Court of Arizona

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

08/16/2005

Docket Code 026
Form V000A
Page 2

201 W. Jefferson - CCB
Courtroom 1301 – 13th Floor
Phoenix, Arizona 85003
(602) 506-3351

*Counsel for the Plaintiff(s) and Defendant(s) are to meet personally before the Pretrial
Conference to discuss those subjects listed under A.R.C.P., Rule 16(b). Counsel for Plaintiff(s)
and Defendant(s) shall prepare and file a Joint Pretrial Conference Memorandum five judicial
days before the conference addressing all applicable subjects listed under 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
clients for failure to participate in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

COUNSEL ARE TO APPEAR IN PERSON UNLESS OTHERWISE ORDERED
BY THE COURT.

*If a party is unrepresented, references to counsel are to the party.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

08/22/2005

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
C.I. Miller

Deputy

FILED: 08/25/2005

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
HOPE N KIRSCH
SUSANNE B LUSE
RINA K RAI
CHARLES D ONOFRY
JOSEPH A KULA

COMPREHENSIVE PRETRIAL CONFERENCE RESET

On the court’s own motion,

IT IS ORDERED vacating the Comprehensive Pretrial Conference set for
September 26, 2005, and resetting same for September 16, 2005, at 8:45 a.m., in this division.

**NOTE: Judge Schneider’s division on September 9, 2005, will be moving to
the following location:

Courtroom 103, Old Court House,
125 West Washington,
Phoenix, AZ 85003
(602) 506-3351

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

09/13/2004

Docket Code 085
Form V000A
Page 1

CLERK OF THE COURT
THE HONORABLE MICHAEL A. YARNELL
M. L. Smith

Deputy

FILED: 09/17/2004

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
STEVEN R JANSSEN
LEE P BLAKE
WILLIAM R METTLER JR.
JOHN J BELANGER
CHRIS R BANISZEWSKI

MINUTE ENTRY

11:00 a.m. In the courtroom.

Time set for comprehensive pretrial conference. Counsel, Steven R. Janssen, is present
for Michael D. Dicks who represents Plaintiff. Counsel, William R. Mettler, Jr. is present for
William H. Doyle, co-counsel for the Mirage Defendants. Counsel, Lee P. Blake, is present as
co-counsel for the Mirage Defendants. Counsel, James M. Shinn, is present for Defendants
Century Roofing and Structures, Inc. Counsel, Richard L. Righi, is present for Defendant David
R. Howard Electric. Counsel, Adam B. Campbell, is present for Defendant Leach Painting &
Drywall. Counsel, Kenneth Januszewski, is present for Defendant Chas Roberts Air

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

09/13/2004

Docket Code 085
Form V000A
Page 2

Conditioning, Inc. Counsel, John Belanger, is present for Rina K. Rai who represents Defendant
Structures, Inc. Counsel, Chris R. Baniszewski, is present for Defendant Young Builders.

Court Reporter, Clarice M. Reed, is present.

After discussion, as reflected on the record,

IT IS ORDERED the parties shall and must carry through with the planned private
mediation sessions.

FURTHER ORDERED confirming the Mirage Defendant’s expert reports shall and must
be produced by September 30, 2004.

FURTHER ORDERED all Third Party Defendants shall and must by 5:00 p.m., October
30, 2004, designate by name, resume, subject matter, and then opinions all trial experts.

FURTHER ORDERED no parties may be added to this action except by written leave of
court and in any case, no party may be added after December 1, 2004, without particularized
factual good cause shown.

FURTHER ORDERED all testing by all parties shall and must be fully completed by
5:00 p.m., June 1, 2005.

FURTHER ORDERED the parties shall and must file a “Joint Schedule Of Testing” with
the court on or before 5:00 p.m., January 15, 2005.

FURTHER ORDERED all parties’ expert reports, including all rebuttal and supplemental
reports, shall and must be completed and exchanged by 5:00 p.m., July 10, 2005.

FURTHER ORDERED all discovery of every nature shall and must be fully completed
on or before 5:00 p.m., September 1, 2005.

FURTHER ORDERED setting a comprehensive pretrial conference at 3:00 p.m. on
April 4, 2005 to set a firm trial date in the December, 2005, time frame.

FURTHER ORDERED continuing this matter on the inactive calendar until May 2,
2005, pending the setting of a firm trial date.

11:40 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

09/16/2005

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
D. Raybon

Deputy

FILED: 09/20/2005

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
KENNETH JANUSZEWSKI
SUSANNE B LUSE
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
WILLIAM R METTLER JR.
SCOTT G ANDERSEN
CHARLES D ONOFRY

JURY TRIAL SETTING
(WITH PRETRIAL MANAGEMENT CONFERENCE)

9:02 a.m. This is the time set for Rule 16 Comprehensive Pretrial Conference. Plaintiff
is not represented by counsel. Defendant Mirage Homes is represented by counsel, Bill Mettler
and Tim Grimm. Defendant Leach Painting and Drywall is represented by counsel, Bob Willis.
Defendant Shaw and Sons is represented by counsel, Susanne Luse.

Court reporter is not present.

Discussion is held. Counsel notifies the Court that the Plaintiff has settled in this case
and the remaining parties are Mirage Homes versus third party Defendants.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

09/16/2005

Docket Code 089
Form V000A
Page 2

IT IS ORDERED adopting the terms of the Joint Pretrial Conference Memorandum to
the extent that they do not conflict with the orders stated herein. References to “counsel” shall
be read to include unrepresented parties.

IT IS FURTHER ORDERED setting this matter for an 8-day Jury Trial on June 14,
2006 at 9:30 a.m. in this division.

THIS IS A FIRM TRIAL SETTING

Trial days are normally 9:30 a.m. to 4:30 p.m., Tuesday through Friday.

IT IS FURTHER ORDERED all dispositive motions shall be filed at least 90 days
before trial. Motions in limine shall be filed in accordance with Rule 7.2, Ariz.R.Civ.P. Motions
not filed in accordance with these deadlines will not be considered.

IT IS ORDERED setting this matter for Pretrial Management Conference on May 22,
2006 at 10:00 a.m. in this division.

At the PTMC, counsel who will try the case shall appear and be prepared to discuss and
resolve:

A.
Time limits for voir dire, opening statements, witness examinations and
closing arguments.

B.
Stipulations and objections regarding witnesses and exhibits. If time
permits, the court will rule on objections.

C.
Jury instructions, juror notebooks and verdict forms.

D.
Deposition summaries and excerpts from depositions including objections
thereto.

E.
Scheduling, equipment or interpreter issues.

F.
Status of settlement efforts.

G.
Motions in limine and other pending motions.

H.
Other matters addressed in the updated joint pretrial statement.

A joint pretrial statement (JPTS) is due three (3) judicial days before the PTMC. The
following shall be filed with the JPTS:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

09/16/2005

Docket Code 089
Form V000A
Page 3

A.
Proposed voir dire questions.

B.
A list to be read to the jury with names of all witnesses who may testify.

C.
A set of agreed-upon jury instructions.

D.
Separate sets of requested instructions that have not been agreed upon.
(Review Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381 (1993) and the
RAJI Civil 3d Statement of Purpose before requesting non-RAJI
instructions.)

E.
A stipulated brief summary of the case, which the court can read at the
outset of voir dire.

All exhibits shall be exchanged 30 days before trial. Counsel shall confer regarding
exhibits so duplicates are avoided. At least ten days before trial, counsel or their
knowledgeable assistants shall call the division clerk at (602) 506-3553 to discuss
procedures for marking exhibits. All exhibits shall be submitted to the clerk no later than one
(1) week prior to trial. Original depositions are provided to the clerk for the record and not
marked as exhibits.

The parties have agreed to schedule a settlement conference through a private mediator
no later than March 16, 2006.

9:15 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

10/28/2004

Docket Code 087
Form V000A
Page 1

CLERK OF THE COURT
THE HONORABLE MICHAEL A. YARNELL
M. L. Smith

Deputy

FILED: 11/04/2004

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN

MINUTE ENTRY

The court has received and reviewed’ “Defendants Mirage Homes, L.L.C. and Mirage
Homes Construction, Inc’s, Motion To Compel Attendance At Mediation,” filed October 12,
2004, Third Party Defendant Chas Roberts Air Conditioning, Inc., Response. . . ” filed October
15, 2004, and Defendants’ Reply filed October 27, 2004.

On September 13, 2004, at a duly noticed comprehensive pretrial conference, this court
ordered, in part, “the parties shall and must carry through with the planned private mediation
sessions.”

Mirage contends that at the mediation conference held before Christopher Skelly on
October 5, 2004 “numerous third-party defendants did not appear.” Only third party Defendant
Chas Roberts has filed a reply, contending “Chas Roberts attended the first mediation” and
contending the adjuster for Chas Roberts’ carrier is beyond the jurisdiction of this court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

10/28/2004

Docket Code 087
Form V000A
Page 2

On the court’s own motion,

IT IS ORDERED all parties shall and must appear before this court on November 30,
2004, at 8:30 a.m. and show cause why this court should not appoint a private mediator in this
action and require all parties, including all insurance adjusters, to personally appear before the
court appointed mediator from time to time for mediation sessions, as may be reasonably
requested by the court appointed mediator.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

11/02/2004

Docket Code 078
Form V000A
Page 1

CLERK OF THE COURT
THE HONORABLE MICHAEL A. YARNELL
M. L. Smith

Deputy

FILED: 11/04/2004

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN

PARTIAL CASE ON INACTIVE CALENDAR

The court has received a notice of settlement as to Third Party Defendant, Structures, Inc.
only.

IT IS ORDERED placing this matter on the inactive calendar for dismissal as to Third
Party Defendant, Structures, Inc., only, without further notice to the parties on December 10,
2004.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

11/08/2004

Docket Code 078
Form V000A
Page 1

CLERK OF THE COURT
THE HONORABLE MICHAEL A. YARNELL
M. L. Smith

Deputy

FILED: 11/09/2004

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN

MINUTE ENTRY

The court has received notice that this case is settled as to Third Party Defendant David
R. Howard Electric, Inc., aka DRH Electric only.

IT IS ORDERED placing this matter on the inactive calendar for dismissal on December
10, 2004, as to Third Party Defendant David R. Howard Electric, Inc., aka DRH Electric only.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

11/17/2005

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
R. Tomlinson

Deputy

FILED: 11/22/2005

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

RULING

The court having received the Defendants/Third-Party Plaintiff’s Motion for Expedited
Ruling on its Motion to Deem Mediation a Settlement Conference Per Arizona Rules of Civil
Procedure, Rule 16 and Motion to Compel Attendance,

IT IS ORDERED the response to said motion shall be filed no later than November 28,
2005.

IT IS FURTHER ORDERED directing counsel for Defendants Mirage Homes, to notify
all parties of said deadline.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

11/30/2004

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
THE HONORABLE MICHAEL A. YARNELL
M. L. Smith

Deputy

FILED: 12/06/2004

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
LEE P BLAKE
JOHN J BELANGER
SEAN M PLUNKETT
STEVEN R JANSSEN

MINUTE ENTRY

8:30 a.m. In the courtroom.

Time set for oral argument on Motion to Compel Mediation. Counsel, Steven R.
Jannsen, is present for Michael D. Dicks who represents Plaintiff. Counsel, Lee P. Blake, is
present as co-counsel for the Mirage Defendants. Counsel, Kenneth Januszewski, is present for
Defendant Chas Roberts Air Conditioning, Inc. Counsel, John Belanger, is present for Rina K.
Rai who represents Defendant Structures, Inc. Counsel, Adam B. Campbell, is present for
Defendant Leach Painting & Drywall. Counsel, James M. Shinn, is present for Defendants
Century Roofing and Structures, Inc. Counsel, Sean Plunkett, is present for Castle Drywall, Inc

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

11/30/2004

Docket Code 019
Form V000A
Page 2

and Shaw & Sons Plastering. Counsel, Robert Clark, is present for Stephen E. Jackson, who
represents Combined Energies Corporation.

Court Reporter, Steve King, is present.

Oral Argument and comments are heard as to Defendant Mirage Homes’ Motion to Compel
Attendance at Mediation, filed October 12, 2004.

After discussion, as reflected on the record,

IT IS ORDERED all parties shall and must continue to meet and confer and carry through
with the continuing planned private mediation sessions before mediator Steve Scott.

FURTHER ORDERED clarifying the court’s prior order requiring private mediation,
pursuant to Rules 1 and 16, Rules of Civil Procedure, and the inherent power of the court, as
follows:

1. The parties in this action must and shall meet and confer, on an ongoing and periodic
basis, concerning private mediation procedures, times, places, attendance, and cost sharing.

2. All parties must and shall, from time to time, attend and participate in good faith private
mediation in this case.

3. Reasonable mediation conferences must be held and the parties must participate in good
faith even if no settlement is expected.

4. While personal attendance of party decision makers is preferred and requested by this
court (including personal attendance of insurance adjustors when the insurance company has the
primary or sole authority to authorize settlement); telephonic appearance is acceptable upon
agreement of the parties.

5. Any disagreements concerning private mediation procedures, times, places, attendance,
and cost sharing may, from time to time, be submitted to the court for ruling, upon served
and noticed motion.

Note: While Armstrong v. Hooker, 135 Ariz. 358 (Ariz. App., Div. 2, 1982), appears to be
authority that the court may not ordinarily compel the personal attendance of an out-of-state
party, authorities related to the court’s power to sanction a bad faith failure to participate in
court ordered mediation are collected at Alternative Dispute Resolution: Sanctions For
Failure To Participate In Good Faith In, Or Comply With Agreement Made In, Mediation,
43 A.L.R. 5th 545 (2004).

9:05 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

12/06/2005

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER
S. Brown

Deputy

FILED: 12/08/2005

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
William H Doyle
KENNETH JANUSZEWSKI
HOPE N KIRSCH
SUSANNE B LUSE
CHARLES D ONOFRY
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN
SCOTT G ANDERSEN

MINUTE ENTRY

The Court has received Defendants Mirage Homes, L.L.C. and Mirage Homes
Construction, Inc.’s Motion to Deem Mediation a Settlement Conference Per Ariz. R. Civ.P. 16.1
and to Compel Attendance and the response. No reply has been filed.

No oral argument was requested.

IT IS ORDERED denying Defendants Mirage Homes’ Motion to Deem Mediation a
Settlement Conference and to Compel Attendance.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-024457

12/16/2004

Docket Code 079
Form V000A
Page 1

CLERK OF THE COURT
THE HONORABLE MICHAEL A. YARNELL
M. L. Smith

Deputy

FILED: 12/21/2004

FIREROCK RESORT CASITAS
CONDOMINIUMS HOMEOWNERS
ASSOCIATION
MICHAEL D DICKS

v.

MIRAGE HOMES L L C, et al.
JILL ANN HERMAN

ADAM B CAMPBELL
WILLIAM H DOYLE
SUSANNE B GARDNER
STEPHEN E JACKSON
KENNETH JANUSZEWSKI
HOPE N KIRSCH
RINA K RAI
RICHARD L RIGHI
JAMES M SHINN

PARTIAL CASE DISMISSAL

This matter having been placed on the inactive calendar for dismissal on December 10,
2004, as to David Howard Electric Inc. and third party Defendant Structures, Inc. only,

IT IS ORDERED dismissing this matter as to David Howard Electric Inc. and third party
Defendant Structures, Inc. only without prejudice.

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