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Maricopa County Superior Court Case CV2005-004730: public docket details, parties, minute entries, documents, and official source links for Rancho Manana Homeowners Association.

Case Number

CV2005-004730

County

Maricopa

Caption

Not captured

Filed

3/16/2005

Case Type

Civil

Judge

Blaney, Scott

Location

Downtown

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-004730

01/25/2006

Docket Code 073
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JANET E. BARTON
E. Schneider

Deputy

FILED: 01/27/2006

ELLA MALEY
MICHAEL N POLI

v.

SPA AT RANCHO MANANA L L C, THE, et al.
C ANDREW CAMPBELL

MICHAEL J CHILDERS

MINUTE ENTRY

Plaintiff’s counsel advises that the issues contained in Plaintiff’s Motion to Compel
Discovery have been resolved and, therefore, the Court will not need to render a ruling.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-004730

01/30/2006

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JANET E. BARTON
E. Schneider

Deputy

FILED: 02/01/2006

ELLA MALEY
MICHAEL N POLI

v.

SPA AT RANCHO MANANA L L C, THE, et al.
C ANDREW CAMPBELL

MICHAEL J CHILDERS

MINUTE ENTRY

The Court having received the parties’ Joint Pretrial Conference Memorandum and
Proposed Scheduling Order,

IT IS ORDERED setting a status conference on Tuesday, February 14, 2006 at
8:45 a.m. in this division. Counsel were notified by telephone of this conference.

The parties are to appear before Honorable Janet E. Barton, Courtroom 301, Old
Courthouse, 125 West Washington St., Phoenix, AZ 85003, 602.506.5340.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-004730
02/14/2006
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JANET E. BARTON
E. Schneider
Deputy
FILED: 02/16/2006
ELLA MALEY
K SCOTT REYNOLDS
v.
SPA AT RANCHO MANANA L L C, THE, et al.
C ANDREW CAMPBELL
MICHAEL J CHILDERS
MINUTE ENTRY
8:40 a.m. This is the time set for a status conference regarding the parties’ Joint Pretrial
Conference Memorandum and Proposed Scheduling Order. K. Scott Reynolds is present on
behalf of the Plaintiff. C. Andrew Campbell and Michael J. Childers are present on behalf of the
only two remaining Defendants, Spa at Rancho Manana, LLC and Rancho Manana Ventures,
LLC.
No court reporter is present.
Discussion is held.
IT IS ORDERED:
1.
Plaintiff shall submit copies of Plaintiff’s medical records to Defendants
by March 15, 2006.
2.
Plaintiff shall submit to Defendants, by April 1, 2006, a complete list of
Plaintiff’s lost wages, how the amounts were calculated and any
documents in support of the lost wage claim.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-004730
02/14/2006
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED as follows:
1. Plaintiffs shall disclose the identity and opinions of her expert witnesses by 5:00 p.m.
on April 1, 2006.
2. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00p.m. on May 1, 2006.
3. Any and all discovery requests shall be served by 5:00 p.m. on August 1, 2006.
4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on April 1, 2006.
5. Plaintiffs shall disclose the identity and opinions of her rebuttal expert witnesses by
5:00 p.m. on June 1, 2006.
6. All discovery shall be concluded by 5:00 p.m. on September 15, 2006.
7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on September 15, 2006. 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: The parties shall participate in private mediation by 5:00 p.m.
on September 15, 2006;
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.
10. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
October 15, 2006.
11. A status conference is set for Thursday, September 28, 2006 at 8:30 a.m. for the
purpose of assigning a trial date if the case has not settled. Counsel are to bring their
trial calendars and the parties must appear in person and cannot appear telephonically
for the status conference.
The parties are to appear before Honorable Janet E. Barton, Courtroom 301, Old
Courthouse, 125 West Washington St., Phoenix, AZ 85003, 602.506.5340.
12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P., then telephonically contact the
Court to set up a telephonic conference to discuss any remaining issues.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-004730
02/14/2006
Docket Code 028
Form V000A
Page 3
13. 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.
14. This case is removed from the Inactive Calendar and all requirements of Rule 38.1,
Ariz.R.Civ.P., are waived unless and until otherwise ordered by the Court.
9:00 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-004730
06/28/2006
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JANET E. BARTON
E. Schneider
Deputy
FILED: 06/30/2006
ELLA MALEY
MICHAEL N POLI
v.
SPA AT RANCHO MANANA L L C, THE, et al.
C ANDREW CAMPBELL
MICHAEL J CHILDERS
MINUTE ENTRY
NOTE: Effective June 30, 2006, the Hon. Janet E. Barton’s division will
be located in the Central Court Building, 201 W. Jefferson, Suite 7A,
Courtroom 701, Phoenix, Arizona 85003, telephone number: (602) 506-5340.
The Court has reviewed Defendants’ Motion to Dismiss Claims with Respect to Lost
Wages and Lost Business Income, filed on April 7, 2006, Plaintiff’s Response to Defendants’
Motion to Dismiss Claims with Respect to Lost Wages and Lost Business Income, filed on April
26, 2006, and Defendants’ Reply in Support of Motion to Dismiss Claims with Respect to Lost
Wages and Lost Business Income, filed on May 4, 2006. Plaintiff did request oral argument.
However, the Court is of the opinion that oral argument would not assist it in resolving the issues
raised in the parties’ pleadings. Therefore, as permitted by Rule 7.1(c), Ariz.R.Civ.P., the Court
will rule on Plaintiff’s Motion without oral argument.
At the hearing held on February 14, 2006, this Court ordered that “Plaintiff shall submit
to Defendants by April 1, 2006, a complete list of Plaintiff’s lost wages, how the amounts were
calculated, and any documents in support of the lost wage claim.” See Minute Entry filed on
February 16, 2006. Defendants claim that Plaintiff failed to comply with this Order and, as a
result, this Court should dismiss Plaintiff’s lost business income and lost wages claim. Plaintiff,
on the other hand, claims that she complied with this Order by producing her tax returns for
2002, 2003, and 2004 in response to Defendants’ August 10, 2005 Request for Production of
Documents. The tax returns produced by Plaintiff, however, would not identify the amount of

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-004730
06/28/2006
Docket Code 019
Form V000A
Page 2
lost business income and/or lost wages Plaintiff is claiming or how she calculated such amount.
Indeed, this Court simply is unable to fathom how Defendants are to determine the amount of
lost wages/lost business income Plaintiff purportedly suffered from income tax returns which
show that Plaintiff claimed a net profit from the operation of her business of $27,802 in 2004,
$22,233 in 2003, and $26,098 in 2002, and a gross profit of $67,268 in 2004, $53,175 in 2003,
and $61,825 in 2002. Thus, this Court agrees with Defendants that Plaintiff has failed to comply
with an Order of this Court and should be sanctioned.
Rule 37(b)(2)(B), Ariz.R.Civ.P., provides that if a party fails to obey an order to provide
discovery the court may make such orders in regard to the failure as are just including an order
“refusing to allow the disobedient party to support or oppose designated claims or defenses . . .
.” For the reasons set forth below, this Court is of the opinion that this is the appropriate
sanction herein.
This case was filed on March 16, 2005. Thus, as of this date, Plaintiff has had over 15
months to provide Defendants with the information at issue, which is clearly information
Defendants are entitled to and which Plaintiff is required to disclose pursuant to Rule 26.1,
Ariz.R.Civ.P. Plaintiff was further put on notice at the February 14, 2006 hearing, and as a result
of the Minute Entry from that hearing, that she was required to produce such information by
April 1, 2006 at the absolute latest. Plaintiff, for whatever reason, chose to ignore this Order.
The deadline for Defendants to disclose their expert witnesses expired on May 1, 2006. Without
specific and detailed information regarding the amount and basis for Plaintiff’s lost wages claim,
Defendant was unable to designate rebuttal expert opinions on this topic. Thus, Defendants have
been prejudiced by Plaintiff’s actions herein. For these reasons,
IT IS ORDERED granting Defendants’ Motion to the extent it seeks sanctions for
Plaintiff’s failure to comply with this Court’s February 14, 2006 Order.
IT IS FURTHER ORDERED precluding Plaintiff from supporting her claim of lost
wages and/or lost business income with any evidence, testimony or calculations that have not
been previously produced or disclosed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/02/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-004730
09/28/2006
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JANET E. BARTON
E. Schneider
Deputy
ELLA MALEY
MICHAEL N POLI
v.
SPA AT RANCHO MANANA L L C, THE, et al.
C ANDREW CAMPBELL
MICHAEL J CHILDERS
MINUTE ENTRY
NOTE: Judge Janet E. Barton’s division is now located in the
Central Court Building, 201 W. Jefferson, Suite 7A, Courtroom 701,
Phoenix, Arizona 85003, telephone number: (602) 506-5340.
8:40 a.m. This is the time set for a status conference for the purpose of assigning a trial
date. Plaintiff is represented by Michael N. Poli. Defendants Spa at Rancho Manana, LLC and
Rancho Manana Ventures, LLC are represented by C. Andrew Campbell and Michael J.
Childers.
A record of the proceeding is made by CD/videotape in lieu of a court reporter.
Counsel advise that the private mediation in this case has not as yet taken place and will
be conduced on October 30, 2006. Therefore,
On the Court’s own motion,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-004730
09/28/2006
Docket Code 028
Form V000A
Page 2
IT IS ORDERED setting another status conference on Tuesday, November 7, 2006 at
8:45 a.m. to assign a trial date if the case has not settled.
8:46 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-004730

10/26/2005

Docket Code 042
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JANET E. BARTON
B. Navarro

Deputy

FILED: 10/27/2005

ELLA MALEY
MICHAEL N POLI

v.

SPA AT RANCHO MANANA L L C, THE, et al.
MARK D FULLERTON

MICHAEL J CHILDERS
CHARLES E MAXWELL
LOUIS T SELETOS
RM PROZNIK
INTER-PRO PROPERTY
CORPORATION
VILLAS AT RANCHO MANANA
SUITE 1803 TD TOWER
10088-102 AB T5J 2Z1 00000-0000
MELANIE JUARROS
AMERICAN ECONOMY INSURANCE
COMPANY
SACRAMENTO SERVICE OFFICE
2730 GATEWAY OAKS DR STE 200
SACRAMENTO CA 95883

DISMISSAL MINUTE ENTRY

A Notice of Voluntary Dismissal having been presented to the Court; and good cause
appearing,

DISPOSITION:

Pursuant to Rule 41(a), ARCP, the dismissal is effective without court order.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/07/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-004730
11/03/2006
Docket Code 078
Form V078A
Page 1
CLERK OF THE COURT
HONORABLE JANET E. BARTON
E. Schneider
Deputy
ELLA MALEY
MICHAEL N POLI
v.
SPA AT RANCHO MANANA L L C, THE, et al.
MARK D FULLERTON
MICHAEL J CHILDERS
INACTIVE CALENDAR
NOTE: Judge Janet E. Barton’s division is now located in the
Central Court Building, 201 W. Jefferson, Suite 7A, Courtroom 701,
Phoenix, Arizona 85003, telephone number: (602) 506-5340.
A Notice of Settlement having been filed,
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on
December 18, 2006 without further notice unless prior to that date a proper judgment is entered
or filed or a Stipulation for Dismissal is presented.
IT IS FURTHER ORDERED vacating the status conference set for November 7, 2006.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-004730

12/13/2005

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JANET E. BARTON
E. Schneider

Deputy

FILED: 12/15/2005

ELLA MALEY
MICHAEL N POLI

v.

SPA AT RANCHO MANANA L L C, THE, et al.
MARK D FULLERTON

MICHAEL J CHILDERS

MINUTE ENTRY

The Court has received and reviewed Plaintiff’s Motion to Set and Certificate of
Readiness.

IT IS ORDERED as follows:

Counsel are to meet personally to discuss all of the matters set forth in Rule 16(b), Ariz.
R. Civ. P. Counsel shall prepare and file with the Court, no later than 5:00 p.m. on January 13,
2006, a Joint Pretrial Memorandum, and a proposed 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
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, 2002” is a specific date.
“90 days prior to trial” is a date in reference to a trial date and is not a specific date). Do not
incorporate a firm trial date in the proposed Order.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-004730

12/13/2005

Docket Code 019
Form V000A
Page 2

If counsel 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 Pretrial Memorandum and each shall
prepare a separate proposed Order.

The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order. If
all is in order, the Court will set a status conference close to the discovery cutoff date. At the
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. There will be no
telephonic appearances at the status conference without prior Court approval. Counsel who will
be the trial lawyers in the case must appear in person with their trial calendar. If the parties are
not ready for trial, the matter will be placed on the Inactive Calendar for dismissal within 60
days.

If counsel 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 Pretrial Memorandum.

If a Joint Pretrial Conference Memorandum and proposed Scheduling Order are not
timely submitted, the Court will place the matter back on the Inactive Calendar for dismissal.

PROPOSED ORDER LANGUAGE:

The Court has received and reviewed the parties’ Joint Pretrial 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 ________, 2006. [or]

a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
2006.

b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
2006.

2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2006. [or]

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-004730

12/13/2005

Docket Code 019
Form V000A
Page 3

a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2006.

b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2006.

3. Any and all discovery requests shall be served by 5:00 p.m. on ________, 2006.

4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 2006.
[or]

a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2006.

b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 2006.

5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2006.

6. All discovery shall be concluded by 5:00 p.m. on ________, 2006.

7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2006. 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. The parties shall participate in private mediation by 5:00 p.m. on ________,
2006;

OR

b. The parties shall participate in a mandatory Settlement Conference and this matter
is referred to the court's Alternative Dispute Resolution for the appointment of a
judge pro tempore to conduct a settlement conference. Counsel and any "pro
per" parties will contact the appointed judge pro tempore to arrange the time and
location for the settlement conference. The judge pro tempore is requested to
conduct a settlement conference not later than ________, 2006. The Office of
Alternative Dispute Resolution will not do the scheduling of the settlement
conference so please do not contact that office. If counsel prefer to use a private
mediator to conduct the Settlement Conference, a Stipulation and Order re:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-004730

12/13/2005

Docket Code 019
Form V000A
Page 4

Alternative to ADR must be presented to the Court by 5:00 p.m. on ________,
2006.

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.

10. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
________, 2006.

11. A status conference is set for ________, 2006 at ________*.m. for the purpose of
assigning a trial date if the case has not settled. Counsel are to bring their trial
calendars and the parties must appear in person and cannot appear telephonically for
the status conference.

12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P., then telephonically contact the
Court to set up a telephonic conference to discuss any remaining issues.

13. 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.

14. This case is removed from the Inactive Calendar and all requirements of Rule 38.1,
Ariz.R.Civ.P., are waived unless and until otherwise ordered by the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-004730

12/13/2005

Docket Code 021
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JANET E. BARTON
E. Schneider

Deputy

FILED: 12/15/2005

ELLA MALEY
MICHAEL N POLI

v.

SPA AT RANCHO MANANA L L C, THE, et al.
MARK D FULLERTON

MICHAEL J CHILDERS
CHARLES E MAXWELL
LOUIS T SELETOS
R M PROZNIK
INTER-PRO PROPERTY COR
SUITE 1803, TD TOWER
10088-102 AB T5J 2ZI 00000-0000
MELANIE JUARROS
AMERICAN ECONOMY INS CO
SACRAMENTO SERVICE OFFICE
2730 GATEWAY OAKS DR -STE 200
SACRAMENTO CA 95883

MINUTE ENTRY

IT IS ORDERED, nunc pro tunc, correcting this Court’s minute entry dated October 26,
2005 to reflect that the Notice of Voluntary Dismissal did not dismiss the entire case. The
Dismissal, without prejudice, is only as to the following Defendants:

Rancho Manana Resort, LLC
InterPro Rancho Manana, LLC
Rancho Manana Homeowners Association
Allred Capital, LLLP, dba Rancho Manana Gold Club
Villas at Rancho Manana Time Share Owners’ Association
Villas at Rancho Manana Condominiums Association

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