07/11/2007 — CV2007005085 DOSHIER, KEN 07/11/2007 HONORABLE BETHANY G. HICKS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/12/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
07/11/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
D. Whitford
Deputy
KEN DOSHIER, et al.
STEVEN W CHEIFETZ
v.
APACHE WELLS HOMEOWNERS
ASSOCIATION INC, et al.
J GARY LINDER
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument for August 13, 2007 at 11:30 a.m. in this
division on the following motion:
•
Plaintiffs’ Motion for Partial Summary Judgment; and
•
Defendant’s Cross-Motion for Summary Judgment.
Counsel’s arguments are limited to five (5) minutes per side. If additional time is requested,
counsel shall contact the Court.
Judge BETHANY G. HICKS
Maricopa County Superior Court
East Court Building
101 W. Jefferson, Courtroom 811
Phoenix, Arizona 85003
(602) 506-2139
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
07/11/2007
Docket Code 094
Form V000A
Page 2
Unless otherwise advised by the Court at oral argument, the parties should assume that
the Court has reviewed the parties’ memoranda. Accordingly, the parties should be prepared to
focus on the key issues in dispute and to answer questions from the Court.
If the parties’ Motions contain citations to out-of-state cases, that party shall
provide the Court with copies of those cases.
08/13/2007 — CV2007005085 DOSHIER, KEN 08/13/2007 HONORABLE BETHANY G. HICKS View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/21/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
08/13/2007
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
D. Whitford
Deputy
KEN DOSHIER, et al.
STEWART F GROSS
v.
APACHE WELLS HOMEOWNERS
ASSOCIATION INC, et al.
J GARY LINDER
ORAL ARGUMENT
MOTIONS TAKEN UNDER ADVISEMENT
EVIDENTIARY HEARING SET
11:30 a.m. This is the time set for Oral Argument on Plaintiff’s Motion for Partial
Summary Judgment and Defendant’s Cross-Motion for Summary Judgment. Plaintiff is
represented by counsel Stewart Gross. Defendant is represented by counsel J. Gary Linder.
Court reporter, Hilda Lopez, is present.
Oral argument having been presented,
IT IS ORDERED taking the following motions under advisement:
•
Plaintiff’s Motion for Partial Summary Judgment; and
•
Defendant’s Cross-Motion for Summary Judgment.
IT IS FURTHER ORDERED setting an Evidentiary Hearing Re: Preliminary
Injunction for August 20, 2007 at 2:30 p.m.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
08/13/2007
Docket Code 020
Form V000A
Page 2
Judge BETHANY G. HICKS
Maricopa County Superior Court
East Court Building
101 W. Jefferson, Courtroom 811
Phoenix, Arizona 85003
(602) 506-2139
ALLOTTED TIME: 30 minutes
11:53 a.m. Hearing concludes.
08/20/2007 — CV2007005085 DOSHIER, KEN 08/20/2007 HONORABLE BETHANY G. HICKS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/23/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
08/20/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
D. Whitford
Deputy
KEN DOSHIER, et al.
STEVEN W CHEIFETZ
v.
APACHE WELLS HOMEOWNERS
ASSOCIATION INC, et al.
J GARY LINDER
ALTERNATIVE DISPUTE
RESOLUTION - CCC
EVIDENTIARY HEARING/RULINGS
MEDIATION ORDERED
COMPREHENSIVE PRETRIAL CONFERENCE SET
2:32 p.m. This is the time set for an Evidentiary Hearing re: Preliminary Injunction.
Plaintiffs are represented by counsel Steven Cheifetz. Defendants are represented by counsel J.
Gary Linder.
Court reporter, Michael Babicky, is present.
The Court advises counsel of her rulings, and same are discussed.
These matters having been under advisement,
IT IS ORDERED granting Plaintiffs’ Motion for Partial Summary Judgment.
IT IS FURTHER ORDERED denying Defendant’s Cross-Motion for Summary
Judgment.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
08/20/2007
Docket Code 019
Form V000A
Page 2
IT IS FURTHER ORDERED that the injunction will take effect because there is no
proper authorization.
IT IS FURTHER ORDERED referring this case to the court's Alternative Dispute
Resolution for the appointment of a judge pro tempore to conduct a settlement conference re: the
issues of damages and attorneys’ fees. 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 Office of Alternative Dispute Resolution will not do the scheduling of the
settlement conference so please do not contact that office.
IT IS FURTHER ORDERED setting a Comprehensive Pre-Trial Conference for
October 22, 2007 at 2:00 p.m. in this division.
Judge BETHANY G. HICKS
Maricopa County Superior Court
East Court Building
101 W. Jefferson, Courtroom 811
Phoenix, Arizona 85003
(602) 506-2139
IT IS FURTHER ORDERED that the parties shall submit a Joint Pretrial Memorandum
as set forth below.
The Court will review the Joint Pretrial Memorandum and proposed discovery and
disclosure order, required below. If the dates are mutually agreeable to all parties, then the
parties may incorporate the order by reference. The Court may set a trial date and a trial
management conference date at that time. The Court may also adopt the discovery and
disclosure schedule order and set a scheduling conference after the completion of disclosures or
the Court may place the matter back on the Inactive Calendar for a period of time for counsel to
complete the requirements under Rule 38.11. If counsel feel a pretrial conference is still
necessary at this stage of the litigation, they should address the reasons for the need for a pretrial
conference in the first paragraph of the Joint Pretrial Memorandum.
If the parties fail to file a timely memorandum, sanctions may issue pursuant to Rule
16(f).
1 The Court will strictly enforce Rule 38.1(a)(3)(I) and Local Rule 3.4.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
08/20/2007
Docket Code 019
Form V000A
Page 3
IT IS FURTHER ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b). Counsel shall prepare and file with the Court, 5 days prior to the Pre-Trial Conference, a
Joint Pretrial Memorandum, and prepare a proposed order for Discovery and Disclosure
deadlines. The proposed order shall include dates for the following items.
1.
An agreed-upon schedule for completion of non-expert depositions. As far as
can reasonably be anticipated, each party shall set forth the depositions they
anticipate taking and the approximate time required for each; any and all medical
examinations which may be required of any of the parties; the person or persons
to conduct such examinations; all requests for production; and all tangible
evidence to be disclosed or exchanged.
2.
A date for the final disclosure of expert witnesses, and/or to supplement
disclosures made to date.
3.
A date or dates for the final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.
4.
A date by which all written discovery will be propounded and concluded. Further,
counsel shall set forth any written discovery outstanding and a date when it will be
complete.
5.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.
6.
A proposed date for a Mandatory Settlement Conference pursuant to Rule 16.1
A.R.C.P.
7.
An agreed-upon date for compliance with Rule 16(d). The parties shall attach a
copy of the Rule 16(g) form so the Court can issue the appropriate order for
Alternate Dispute Resolution.
8.
Set forth any discovery disputes to date or Rule 26.1 compliance issues.
9.
A date for completion of all discovery, including expert discovery.
10.
A date by which all dispositive or partially-dispositive motions shall be filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
08/20/2007
Docket Code 019
Form V000A
Page 4
9.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
If the parties agree as to the dates, they need only prepare the proposed order and
incorporate it by reference. If counsel are unable to agree on any of the items of the Pretrial
Statement, the reasons for their inability to agree shall be set forth in the Pretrial Statement and
each shall prepare a separate proposed order.
IT IS FURTHER ORDERED that should any discovery disputes arise, counsel shall
MEET AND CONFER pursuant to Rule 37, then telephonically contact the Court to set up a
telephonic conference before any motions are filed.
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rules of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.
2:38 p.m. Hearing concludes.
10/22/2007 — CV2007005085 DOSHIER, KEN 10/22/2007 HONORABLE BETHANY G. HICKS View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/05/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
10/22/2007
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
L. Nixon
Deputy
KEN DOSHIER, et al.
STEVEN W CHEIFETZ
v.
APACHE WELLS HOMEOWNERS
ASSOCIATION INC, et al.
J GARY LINDER
STATUS CONFERENCE SET
1:57 p.m. This is the time set for Pretrial Comprehensive Rule 16 Conference. Plaintiff
is represented by counsel, Melanie C. McKeddie. Defendant is telephonically represented by
counsel, J. Gary Linder.
Court reporter, Michael Babicky, is present.
Discussion is held regarding case status and upcoming settlement conference.
IT IS ORDERED setting a telephonic Status Conference for November 15, 2007 at
9:15 a.m., with Plaintiff to initiate call to this Division, telephone number 602-506-2139. The
purpose of this call will be to discuss the results of the settlement conference and if a trial setting
is necessary.
2:03 p.m. Hearing concludes.
11/16/2007 — CV2007005085 DOSHIER, KEN 11/16/2007 HONORABLE BETHANY G. HICKS View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/19/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
11/16/2007
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
D. Whitford
Deputy
KEN DOSHIER, et al.
STEVEN W CHEIFETZ
v.
APACHE WELLS HOMEOWNERS
ASSOCIATION INC, et al.
J GARY LINDER
STATUS CONFERENCE RESET
On the Court’s own motion,
IT IS ORDERED resetting the telephonic Status Conference from November 15, 2007
to December 5, 2007 at 9:45 a.m., with Plaintiff to initiate call to this Division, telephone
number 602-506-2139.
12/07/2007 — CV2007005085 DOSHIER, KEN 12/07/2007 HONORABLE BETHANY G. HICKS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/10/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
12/07/2007
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
D. Whitford
Deputy
KEN DOSHIER, et al.
STEVEN W CHEIFETZ
v.
APACHE WELLS HOMEOWNERS
ASSOCIATION INC, et al.
J GARY LINDER
STATUS CONFERENCE RESET
IT IS ORDERED resetting the telephonic Status Conference from December 5, 2007 to
January 16, 2008 at 9:30 a.m., with Plaintiff to initiate call to this Division, telephone number
602-506-2139.
12/20/2007 — CV2007005085 DOSHIER, KEN 12/20/2007 HONORABLE BETHANY G. HICKS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/21/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-005085
12/20/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
D. Whitford
Deputy
KEN DOSHIER, et al.
STEVEN W CHEIFETZ
v.
APACHE WELLS HOMEOWNERS
ASSOCIATION INC, et al.
J GARY LINDER
PLACE ON INACTIVE CALENDAR
STATUS CONFERENCE VACATED
Counsel having informed the Court of settlement,
IT IS ORDERED placing this case on the Inactive Calendar for dismissal on February
20, 2008 pending receipt of Stipulation for Dismissal or a Judgment, or a Motion to Set and
Certificate of Readiness.
IT IS FURTHER ORDERED vacating the Status Conference scheduled for January
16, 2008.
