04/05/2021 — CV2019005081 CONDOMINIUM ASSOCIATION INC, LA FUENTE 04/05/2021 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
04/08/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-005081
04/05/2021
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
V. Bullock/C. Mai
Deputy
JACQUELINE R GARNER
RICHARD L BARRETT
v.
LA FUENTE CONDOMINIUM ASSOCIATION
INC, et al.
WALTER GROCHOWSKI
COURT ADMIN-CIVIL-ARB DESK
JUDGE HANNAH
MINUTE ENTRY
The Court has read Defendant’s Notice of Settlement filed on April 1, 2021. Based on the
Notice of Settlement,
IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal without
further notice on or after June 4, 2021, if the parties have neither filed a stipulation to dismiss nor
asked to have the case restored to the active calendar.
IT IS FURTHER ORDERED vacating Trial Setting Conference set for May 13, 2021 at
9:15 a.m. in this division.
09/14/2020 — CV2019005081 CONDOMINIUM ASSOCIATION INC, LA FUENTE 09/14/2020 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
09/15/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-005081
09/14/2020
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
K. Treftz/A. Walker
Deputy
JACQUELINE R GARNER
RICHARD L BARRETT
v.
LA FUENTE CONDOMINIUM ASSOCIATION
INC, et al.
WALTER GROCHOWSKI
ADRIENNE R JONES
JUDGE HANNAH
MINUTE ENTRY
Pursuant to the parties’ Scheduling Order electronically filed and granted by the Court,
IT IS ORDERED setting a Telephonic Trial Scheduling Conference for the purpose of
assigning a trial date on May 13, 2021 at 9:15 a.m. (time allotted: 15 minutes) in this division,
before:
HONORABLE JUDGE JOHN HANNAH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 811
PHOENIX, AZ 85003
602-372-0759
Counsel/parties shall have their trial calendars available for the conference.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-005081
09/14/2020
Docket Code 041
Form V000A
Page 2
The parties are directed to call 602-506-9695 to access the Conference Bridge. (The long
distance toll free number is 1-855-506-9695). The system will prompt you to enter the conference pass
code. Enter the code 875369 followed by the # (pound) sign. If disconnected for any reason, repeat
instructions above. Note: Participants who call in prior to the Moderator (Court staff) opening the
bridge will hear music while waiting.
PRETRIAL ORDERS
The Court having been assigned to this case, the parties shall make note of the pretrial
orders identified below. To the extent that the orders are inconsistent with any order that has been
entered in this matter, including any scheduling order, this minute entry controls and the
inconsistent language in any such previous order is vacated.
Discovery Disputes:
If a discovery dispute needs judicial intervention, the parties must first comply with Rule 37’s
meet and confer provision. Absent resolution, counsel for the movant shall email the Court’s
Judicial Assistant, Gail Cody, at [email protected], and all other counsel to advise
them of his/her request for a telephonic hearing. Each party shall thereafter email the Court’s
Judicial Assistant a three-page summary of the dispute with each party entitled to submit one and
one-half pages of that text, pursuant to Rule 26(d)(2). Please make certain all parties are copied
on the email. The emails will be filed with the clerk. Once the Court receives a summary from
each party and a certification of compliance with Rule 37, the judicial assistant will email the
parties to schedule a telephonic conference with the judge.
Motion Practice:
Do not combine pleadings. (Responses, replies, cross motions, etc., should each be filed
as a separate pleading).
A proposed order/judgment must be attached as a Word doc. using the proper turbo court code.
All stipulations, joint scheduling reports, unopposed motions, etc., MUST contain a proposed
order. If your system is not allowing you to attach a Word order, you must email a copy to this
division’s Judicial Assistant, Gail Cody, at [email protected], and she can attach it
on our end.
ALL motions are held for a briefing period. If you need a determination sooner than a
normal briefing period would allow, please do the following: 1. Speak with opposing counsel to
make certain if they have an objection. If there is no objection, file a stipulation. 2. E-file the
motion and email the filed document in Word format to the judicial assistant and opposing counsel.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-005081
09/14/2020
Docket Code 041
Form V000A
Page 3
3. Indicate that you are asking for a shortened briefing schedule and when you need a ruling. 4.
The Court will review your request and email all parties with a briefing schedule if necessary.
If the parties have agreed to an extension of time for filing responses/replies, email my
judicial assistant regarding the agreement. Otherwise, the Court may assume that no
responses/replies will be filed and rule without the benefit of the response/reply.
Unless another order in this cause establishes a date-certain deadline, the deadline for filing
a summary judgment motion is 120 days before the trial management conference. The parties
are limited to filing one motion for summary judgment. No modification, including a stipulated
modification, of this deadline and filing limit will be honored absent a motion explaining why the
deadline or filing limit is impractical in the circumstances.
Motions in Limine:
The granting or denial of a motion in limine turns on whether the admission of evidence reaches
the level of reversible error or a mistrial. Motions in limine are not granted “except upon a clear
showing of non-admissibility.” The parties shall not file motions denominated as “in limine” that
are, in substance, late-filed motions for summary judgment. The number of motions in limine is
limited to four (4) per side.
1. Page Limit and Format: Neither the motion in limine nor the response may exceed
three pages, including the caption. Showing that the motion has merit should not require more
than that. Motions in limine shall be consecutively numbered in the caption identifying the party
filing it and the subject of the motion; e.g. “Defendant’s Motion in Limine No. 1 Re: Insurance
Agreement,” and shall deal with one discrete subject per motion. Do not respond to more than one
motion in limine in each response.
Any motion in limine or response to such a motion should begin with a simple declarative
sentence that identifies the evidence that is the subject of the motion, with the understanding that
the broader the scope of the evidence to be excluded, the less likely it is that a motion in limine
will be granted. The remainder of the motion or response should then explain why a mistrial or
reversible error would or would not result if the motion is denied, with citations to authority that
have reached the same conclusion in the same or similar circumstances (this also applies to motions
in limine based on any failure to disclose, keeping in mind that nondisclosure implicates Ariz. R.
Civ. P. 37(c)). If the motion is unable to explain why its denial would result in a mistrial or
reversible error, the remainder should then demonstrate persuasively what efficiency, economy, or
other benefit is to be gained by granting the motion.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-005081
09/14/2020
Docket Code 041
Form V000A
Page 4
2. Rule 7.2: Motions in limine shall be filed in accordance with Ariz.R.Civ.P. 7.2. Prior
to filing any motion in limine, the parties through counsel must meet and confer to attempt to
resolve issues to be raised by such motions, and any motions in limine must include a certification
that counsel have so conferred.
3. Deadlines: The deadline for motions in limine is 30 days before the final pretrial
management conference. In both instances, responses must be filed 15 days after service, and no
replies should be filed unless requested.
4. Under Advisement: Although motions in limine will be considered as quickly as the
court’s schedule permits, they will not be taken under advisement any sooner than 15 days before
the start of the trial, regardless of when they are filed. If the parties believe that a ruling on such a
motion early in the case will facilitate settlement, they should notify this division (by telephone at
602-506-4791 or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.
Daubert Motions:
Any motion brought for a Daubert hearing or brought under Ariz.R.Evid. 702, shall be
filed at least 120 days before the Final Trial Management Conference. Failure to file such a motion
by this date shall constitute a waiver of (1) any objection that the expert is not qualified to render
expert testimony, and/or (2) any objection that any opinion of the expert should be excluded under
Ariz.R.Evid. 702.
Miscellaneous Issues:
All court proceedings are recorded digitally and not by a court reporter. Pursuant to Local
Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter is not
mandated by Arizona Supreme Court Rule 30, the party must submit a written request to the
assigned judicial officer at least ten (10) judicial days in advance of the hearing, and must pay the
authorized fee to the Clerk of the Court at least two (2) judicial days before the proceeding. The
fee is $140 for up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.
Should you want an unofficial copy of the proceedings, the parties or counsel may request
a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form from the
Self Service Center to request a daily copy of a court hearing or trial proceeding being conducted.
Pay the applicable fee at the Self Service Center. Attach the receipt showing payment of the fee
and present both the receipt and the form to the bailiff. For copies of hearings or trial
proceedings recorded previously, please call Electronic Records Services at 602-506-7100.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-005081
09/14/2020
Docket Code 041
Form V000A
Page 5
Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.
Oral Argument/Trial time will be divided equally between Plaintiff and Defendant.
If you are not familiar with this division’s electronic equipment, please make an
appointment
with
this
division’s
bailiff,
Tomi
Polvorosa,
via
email
at
[email protected], to test the equipment at least one week prior to your
hearing.
Preferred communication with this division is via email to the judicial assistant, Gail Cody,
at [email protected]. We are able to respond much quicker to an email. Please
make sure you endorse all parties involved in the case.
All inquiries regarding exhibit procedures should be directed to this division’s courtroom
clerk at (602) 506-1375.
