01/10/2011 — CV2010009741 BUILDING & REMODELING INC, LEGACY CUSTOM 01/10/2011 HONORABLE DONALD DAUGHTON View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/12/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-009741
01/10/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DONALD DAUGHTON
T. Tankersley
FOR HONORABLE JOSEPH B. HEILMAN
Deputy
LEGACY CUSTOM BUILDING &
REMODELING INC
DOUGLAS TOBLER
v.
NEAL F JUNCK, et al.
KATHRYN M DEBANO-RHODES
ERIN HILARY WALZ
STATUS CONFERENCE SET
The Court approves and adopts the deadlines set forth in the parties’ Scheduling Order.
IT IS ORDERED Private Mediation shall be completed on or before June 15, 2011.
IT IS FURTHER ORDERED as follows:
1)
The parties shall disclose areas of expert testimony by March 21, 2011.
2)
The parties shall disclose the identities and opinions of their experts’
testimony by April 25, 2011.
3)
All discovery requests shall be served by June 15, 2011.
4)
All non-expert witnesses shall be disclosed by May 25, 2011.
5)
The parties shall disclose their rebuttal expert witnesses and opinions by May
25, 2011.
6)
All discovery shall be completed by August 17, 2011.
7)
Rule 26.1 Disclosure Statement shall be exchanged by August 17, 2011.
8)
All pretrial motions shall be filed by September 15, 2011.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-009741
01/10/2011
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED removing this case 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.
IT IS FURTHER ORDERED setting a Telephonic Status Conference on June 28, 2011
at 9:00 a.m. (15 minutes) in this division, at which time the Court will address the status of
settlement negotiations and dates for final trial management conference and trial, if appropriate.
Counsel for Plaintiff shall initiate the conference call.
HONORABLE DONALD DAUGHTON
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
8th FLOOR, COURTROOM 814
PHOENIX, AZ 85003
602-506-0292 TEL
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
All counsel 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 Settlement Conference, even if no settlement is expected.
12/08/2010 — CV2010009741 BUILDING & REMODELING INC, LEGACY CUSTOM 12/08/2010 HONORABLE DONALD DAUGHTON View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/10/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-009741
12/08/2010
Docket Code 530
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DONALD DAUGHTON
T. Tankersley
FOR HONORABLE JOSEPH B. HEILMAN
Deputy
LEGACY CUSTOM BUILDING &
REMODELING INC
DOUGLAS TOBLER
v.
NEAL F JUNCK, et al.
KATHRYN M DEBANO-RHODES
ERIN HILARY WALZ
COURT ADMIN-CIVIL-ARB DESK
E-FILE CASE MANAGEMENT
CASE DESIGNATED FOR PARTICIPATION
IN THE COURT'S E-FILING PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2007-140,
IT IS ORDERED that all pleadings in this case shall be electronically filed.
The filing parties are required to submit all proposed forms of orders in a Microsoft Word
format to allow the Judge to efficiently manage the Court’s review and ruling process on a timely
basis.
IT IS ORDERED counsel shall not send paper copies to this division.
Additionally, PLEASE NOTE, this division prefers separate pleadings for each motion.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-009741
12/08/2010
Docket Code 530
Form V000A
Page 2
IT IS ORDERED counsel shall not file pleadings containing combined motions.
The electronic filing system will be available for use beginning today and mandatory
eFiling will commence on January 8, 2011. Filing by conventional means may continue until
this mandatory date. ALL FILINGS NOT EFILED AFTER THE MANDATORY DATE WILL
NOT BE CONSIDERED BY THE DIVISION UNTIL PROPERLY EFILED.
If service has not yet been completed as to some or all of the Defendants, then it is
the Plaintiff's responsibility to forward this minute entry to later appearing parties.
You may now choose to use the Clerk of Court hosted eFiling system, or one of the
Court's qualified eFiling service providers to electronically file your pleadings. Please visit the
following web site for more information on your options for eFiling.
http://www.clerkofcourt.maricopa.gov
To assist in the transition to eFiling, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the eFiling system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory eFiling
date. The web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp
Additionally, please be sure to review the eFiling Guidelines set forth by Administrative
Order 2007-140 at the following web site address:
https://efiling.clerkofcourt.maricopa.gov/efilingguidelines
Upon the mandatory eFiling date, all attorneys of record shall eFile all pleadings in
accordance with the guidelines set forth in Administrative Order 2007-140. Self-represented
parties or pro per litigants, and other case participants like Mediators, Arbitrators, and Special
Discovery Masters are strongly encouraged to eFile all pleadings. If a self-represented party or
other case participant chooses to file their pleading in paper, they shall include a notation just
under the case number on the first page of the pleading that the case is an “EFILE CASE”.
The eFiling system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-009741
12/08/2010
Docket Code 530
Form V000A
Page 3
Where filing fees may incur on an electronic filing, they may be paid by credit card at the
time of filing if the filing party choose to use a qualified eFiling service provider. If the filing party
chooses to use the Clerk of Court's hosted eFiling system, the filing party will be contacted by the
Clerk's Office by phone for credit card payment. If we are unable to process payment by phone,
the filing party will be billed by the Billing Unit of the Clerk of Superior Court.
eFiled Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
The filing parties are required to submit all proposed forms of orders in a Microsoft
Word format to allow the Judge to efficiently manage the Court’s review and ruling process
on a timely basis.
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summary Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to Defendant's
Motion for Summary Judgment on Negligence." No response to a motion shall contain a
separate motion, except in the case of a cross-motion bearing the same designation.
HONORABLE DONALD DAUGHTON
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
8th FLOOR, COURTROOM 814
PHOENIX, AZ 85003
602-506-0292 TEL
12/08/2010 — CV2010009741 BUILDING & REMODELING INC, LEGACY CUSTOM 12/08/2010 HONORABLE DONALD DAUGHTON View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/13/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-009741
12/08/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DONALD DAUGHTON
T. Tankersley
FOR HONORABLE JOSEPH B. HEILMAN
Deputy
LEGACY CUSTOM BUILDING &
REMODELING INC
DOUGLAS TOBLER
v.
NEAL F JUNCK, et al.
KATHRYN M DEBANO-RHODES
ERIN HILARY WALZ
ORDER TO FILE JOINT PROPOSED SCHEDULING ORDER
The Court has reviewed Plaintiff/Counterdefendant’s Motion to Set and Certificate of
Readiness filed on December 7, 2010. Accordingly,
IT IS ORDERED as follows:
Counsel and/or the parties are to meet personally to discuss all of the matters set forth in
Rule 16(b), Ariz. R. Civ. P. Counsel and/or the parties shall prepare and file with the Court, no
later than 5:00 p.m. on January 10, 2011, a Joint proposed Scheduling Order, for discovery,
motion and disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form attached hereto,
containing the provisions which are applicable to their case. For example, paragraph one 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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-009741
12/08/2010
Docket Code 023
Form V000A
Page 2
paragraph 2a. and b., below.
The proposed Order shall include specific dates (06/05/2009 rather than 45 days from
close of discovery). Do not incorporate a firm trial date in the proposed Order.
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 proposed Order.
The Court will review the 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. 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 proposed Scheduling Order.
If a Joint proposed Scheduling Order is not timely submitted, the Court will place the
matter back on the Inactive Calendar for dismissal.
HONORABLE DONALD DAUGHTON
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
8th FLOOR, COURTROOM 814
PHOENIX, AZ 85003
602-506-0292 TEL
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-009741
12/08/2010
Docket Code 023
Form V000A
Page 3
[PROPOSED] SCHEDULING ORDER
The Court has reviewed the parties’ Joint Proposed Scheduling Order and adopts and/or
modifies the days as follows:
IT IS ORDERED as follows:
The parties shall mutually and simultaneously disclose areas of expert testimony by
1.
5:00 p.m. on ________, 2010/2011. [or]
Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
a.
2010/2011.
Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
b.
2010/2011.
The parties shall mutually and simultaneously disclose the identity and opinions of
2.
their expert witnesses by 5:00 p.m. on ________, 2010/2011. [or]
Plaintiffs shall disclose the identity and opinions of their expert witnesses by
a.
5:00 p.m. on ________, 2010/2011.
Defendants shall disclose the identity and opinions of their expert witnesses by
b.
5:00 p.m. on ________, 2010/2011.
Any and all discovery requests shall be served by 5:00 p.m. on ________,
3.
2010/2011.
The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________,
4.
2010/2011. [or]
Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
a.
2010/2011.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-009741
12/08/2010
Docket Code 023
Form V000A
Page 4
Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
b.
________, 2010/2011.
The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
5.
and opinions by 5:00 p.m. on ________, 2010/2011.
All discovery shall be concluded by 5:00 p.m. on ________, 2010/2011.
6.
The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
7.
Statements by 5:00 p.m. on ________, 2010/2011. This Order does not replace the
parties’ obligation to seasonably disclose on an on-going basis under Rule 26.1 as
information becomes available.
Settlement conference (choose one):
8.
The parties shall participate in private mediation by 5:00 p.m. on ________,
2010/2011;
OR
The parties shall participate in a mandatory Settlement Conference. This case is
referred to the Court's Alternative Dispute Resolution for the appointment of a judge
pro tempore to conduct a settlement conference. Counsel and/or the parties will
receive a minute entry from ADR appointing the judge pro tempore. Counsel and
any "pro per" parties will contact the appointed judge pro tempore to arrange the date,
time, and location for the settlement conference. The judge pro tempore is requested
to conduct a settlement conference not later than (at least 90 days out), 2010/2011.
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:
Alternative to ADR must be presented to the Court by 5:00 p.m. on ________,
2010/2011.
All counsel and their clients, or non-lawyer representatives who have full and
complete authority to settle the case, shall personally appear and participate in
good faith in the Settlement Conference. Sanctions may be imposed for failure to
participate.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-009741
12/08/2010
Docket Code 023
Form V000A
Page 5
No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at trial
9.
other than those disclosed in a timely manner, except for good cause shown or written
agreement of the parties.
All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
10.
________, 2010/2011.
A Telephonic Pretrial Status/Scheduling Conference is set for ______, 2010/2011
11.
at ____a.m./p.m. for the purpose of assigning a trial date if the case has not settled.
Counsel shall have their trial calendars available. Counsel for Plaintiff shall initiate the
telephonic conference by first arranging the presence of all other counsel on the
conference call and by calling this division at: (602) 506-2194 promptly at the
scheduled time.
Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
12.
meet and confer pursuant to Rule 37, Ariz.R.Civ.P.
The dates set forth in this Order are FIRM dates and will not be extended or modified
13.
by this Court absent good cause. Lack of preparation will not ordinarily be
considered good cause.
This case is removed from the Inactive Calendar and all requirements of Rule 38.1,
14.
Ariz.R.Civ.P., are waived unless and until otherwise ordered by the Court.
