01/22/2014 — CV2013092744 CARLSON, ERIC A 01/22/2014 HON. DAVID K. UDALL View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/29/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
01/22/2014
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
K. Gilmet
Deputy
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
PAUL R NEIL
v.
ERIC A CARLSON, et al.
STEVEN W CHEIFETZ
JACOB A KUBERT
ORDER SIGNED
The Court is in receipt of the parties’ Stipulation to Continue Discovery and Pre-Trial
Deadlines, electronically filed on January 17, 2014.
IT IS ORDERED approving/granting the Order to Continue Discovery and Pre-Trial
Deadlines, all in accordance with the formal written Order signed by the Court on January 21,
2014, and filed (entered) by the Clerk on January 22, 2014.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
04/25/2013 — CV2013092744 CARLSON, ERIC A 04/25/2013 HONORABLE EMMET RONAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
04/25/2013
Docket Code 004
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
K. Gilmet
Deputy
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
PAUL R NEIL
v.
ERIC A CARLSON, et al.
MELANIE E BEAUCHAMP
ORDER TO SHOW CAUSE RETURN HEARING
ORDER TO SHOW CAUSE RETURN HEARING CONTINUED
Courtroom 205 – South East Facility
10:35 a.m. This is the time set for an Order to Show Cause Return Hearing. Counsel,
Paul R. Neil, is present on behalf of Plaintiff, The Pointe South Mountain Residential
Association, who is not present. Counsel, Melanie E. Beauchamp, is present on behalf of
Defendants, Eric A. Carlson and Patricia Carlson, who are also present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Brief discussion is held regarding pending issues.
10:36 a.m. Court stands at recess.
10:56 a.m. Court reconvenes with counsel and respective parties present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
04/25/2013
Docket Code 004
Form V000A
Page 2
Discussion is held regarding the status of negotiations.
IT IS ORDERED continuing the Order to Show Cause Return Hearing to May 22, 2013
at 9:30 a.m. (Time allotted: 15 minutes) before:
HONORABLE EMMET J. RONAN
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 205
MESA, AZ 85210
IT IS FURTHER ORDERED the parties may appear telephonically.
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division at (602) 506-0438 promptly at the scheduled time.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.
11:02 a.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
05/22/2013 — CV2013092744 CARLSON, ERIC A 05/22/2013 HONORABLE EMMET RONAN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/31/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
05/22/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Galindo
Deputy
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
PAUL R NEIL
v.
ERIC A CARLSON, et al.
STEVEN W CHEIFETZ
JACOB A KUBERT
MINUTE ENTRY
Courtroom SEF 205
9:31 a.m. This is the time set for telephonic Status Conference. Counsel, Paul Neil, is
present on behalf of Plaintiff, Pointe South Mountain Residential Association, who is not
present. Counsel, Jacob Kubert, is present on behalf of Defendant, Eric Carlson, who is not
present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The Court is advised that the parties are in the process of scheduling an accelerated
settlement conference.
IT IS ORDERED the parties shall submit a proposed Scheduling Order consistent with
the Order provided below on or before June 7, 2013.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
05/22/2013
Docket Code 028
Form V000A
Page 2
PROPOSED SCHEDULING ORDER FORM
The Court having received the parties’ Joint Comprehensive Pretrial Conference
Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
1. Initial disclosures shall be exchanged by: (MM/DD/YYYY)
2. The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
3. Plaintiff’s final expert disclosure shall be served by: (MM/DD/YYYY)
Defendant’s final expert disclosures shall be served by: (MM/DD/YYYY)
Rebuttal expert disclosures shall be served by: (MM/DD/YYYY)
4. Final Non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
5. Written discovery shall be propounded by: (MM/DD/YYYY)
6. Dispositive or partially dispositive motions shall be filed by: (MM/DD/YYYY)
7. Depositions shall be completed by: (MM/DD/YYYY)
8. Discovery shall be completed by: (MM/DD/YYYY)
9. Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
10. The parties remaining in this action shall participate in comprehensive
mediation by: (MM/DD/YYYY)
11. The case will be ready for trial on or after: (MM/DD/YYYY)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
05/22/2013
Docket Code 028
Form V000A
Page 3
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
9:38 a.m. Hearing concludes
LATER:
STATUS CONFERENCE SET
IT IS ORDERED setting a Telephonic Status Conference on June 18, 2013 at 9:15 a.m.
(Time allotted: 15 minutes) before:
HONORABLE EMMET J. RONAN
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 205
MESA, AZ 85210
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division at (602) 506-0438 promptly at the scheduled time.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.
06/18/2013 — CV2013092744 CARLSON, ERIC A 06/18/2013 HONORABLE EMMET RONAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/24/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
06/18/2013
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
K. Gilmet
Deputy
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
PAUL R NEIL
v.
ERIC A CARLSON, et al.
STEVEN W CHEIFETZ
JACOB A KUBERT
STATUS CONFERENCE
BENCH TRIAL SET
STATUS CONFERENCE SET
Courtroom 205 – South East Facility
9:16 a.m. This is the time set for a telephonic Status Conference. Counsel, Paul R. Neil,
is present telephonically on behalf of Plaintiff, Pointe South Mountain Residential Association,
who is not present. Counsel, Jacob A. Kubert, is present telephonically on behalf of Defendants,
Eric A. Carlson and Patricia Carlson, who are not present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Based on the discussion held regarding the status of the case,
IT IS ORDERED as follows:
1.
TRIAL
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
06/18/2013
Docket Code 089
Form V000A
Page 2
This matter is set for a Bench Trial on December 18, 2013 at 9:30 a.m. in this division.
LENGTH OF TRIAL: 2 DAYS
HONORABLE DAVID K. UDALL
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA
COURTROOM 205
MESA AZ 85210
602-506-5514
THIS IS A FIRM TRIAL SETTING.
NOTE: Effective July 1, 2013, this Division’s calendar will be assigned to the
Honorable David K. Udall (telephone number: 602-506-5514), located in the Southeast
Adult Facility, 222 East Javelina, Courtroom 205, Mesa, Arizona 85210.
Trial days and hours are as follows: Tuesday through Friday from 9:30 a.m. to 4:30 p.m.
daily. The Court will take two 15-minute recesses, one in the morning and one in the afternoon.
The lunch recess will be from 12:00 p.m. to 1:30 p.m.
2.
EXHIBITS
A.
MARKING EXHIBITS FOR TRIAL
Except illustrative exhibits made during trial, all exhibits are to be exchanged no later
than November 18, 2013.
Trial counsel are directed to personally meet no later than December 3, 2013 to discuss
the exhibits prior to marking them for trial. Counsel shall attempt to agree on authenticity,
foundation and admission of the exhibits to shorten the time spent on exhibits during the trial.
Counsel shall present all exhibits with a written list of brief exhibit descriptions to the
Courtroom Clerk no later than December 11, 2013. The exhibits will be marked in consecutive
order -- Plaintiff’s will be marked first, Defendant’s will be marked second. Placeholders are not
used and numbers will not be reserved for exhibits not presented at the date and time specified.
Counsel will make sure that they do not bring to the Clerk a Plaintiff’s set of exhibits and a
Defendant’s set of exhibits that include duplicate exhibits. Counsel should note that
depositions are not marked as exhibits. Counsel shall present original depositions for filing at
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
06/18/2013
Docket Code 089
Form V000A
Page 3
the same time that exhibits are presented. With regard to trial exhibits, counsel are strongly
discouraged from marking exhibits they do not anticipate using during trial.
Failure to follow the procedure for submitting trial exhibits may result in the
preclusion of that parties’ exhibits.
B.
DEPOSITIONS
To the extent reasonably possible, depositions should be summarized.
Narrative summaries with brief excerpts of deposition question and answer testimony are
preferred at trial rather than the reading of many pages of testimony.
Videotape depositions shall be edited.
3.
FINAL JOINT PRETRIAL STATEMENT
The Final Joint Pretrial Statement in accordance with Rule 16(d), A.R.Civ.P., is due in
this division by 5:00 p.m. on December 13, 2013.
In addition to the information required by A.R.Civ.P. Rule 16(d), counsel are to identify
in the Joint Pretrial Statement all depositions or other transcribed testimony that may be offered
at trial. The proposed testimony is to be identified by reference to page and line numbers.
Objections, if any, to such testimony and the reason for such objections are also to be set forth
therein.
Also attached to the Joint Pretrial Statement counsel shall deliver copies of the following:
A.
Proposed Findings of Fact and Conclusions of Law and a request has been
or will be filed. If no proposed Findings of Fact and Conclusions of Law is received, the
request shall be deemed waived.
B.
Any trial memoranda (optional) which the parties wish to submit should
accompany the Final Joint Pretrial Statement.
4.
MOTIONS IN LIMINE
Any and all motions in limine shall be filed no later than November 18, 2013. Such
motions must meet the test of State v. Superior Court, 108 Ariz. 396, 397, 499 P.2d 152 (1972):
“The primary purpose of a motion in limine is to avoid disclosing to the jury prejudicial matters
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
06/18/2013
Docket Code 089
Form V000A
Page 4
which may compel a mistrial.” See also, Ariz. Rules of Evidence, Rule 103(c). Written responses
to motions in limine shall be filed and hand-delivered to opposing counsel and this Court no later
than December 3, 2013. Replies shall not be filed. Failure to meet and confer in accordance
with Rule 7.2(a), Ariz.R.Civ.P., will result in sanctions.
Any motion in limine not timely filed will be deemed waived.
5.
WITNESS AND EXHIBIT LISTS
The witness and exhibit lists shall contain no surprises. Any information sought by other
discovery devices and revealed for the first time on the witness or exhibit lists will be
inadmissible at trial.
Exhibit Procedures
•
Depositions are not exhibits and will not be marked as such. Originals are to be delivered
to the Clerk prior to trial. Counsel are to use their copies of the depositions as the Court
retains the originals for reference.
•
A list with a generic description of each exhibit should be provided. The list should
contain the case number, caption, scheduled trial date and the party submitting the
exhibits.
•
Counsel shall provide a list of all exhibits that have been stipulated into evidence.
•
Exhibits will be marked numerically and consecutively.
ð Plaintiff(s) exhibits will be marked first followed by Defendant(s).
ð Numbers will not be skipped or “saved” in anticipation of additional exhibits to
be submitted.
ð Subsections of exhibits will be marked as the next available number. Do NOT use
subsections of exhibits (ex. 4a or 4.1). Please use the next consecutive number.
•
Each exhibit will be clipped or bound if too large to be stapled.
•
Exhibits are to be separated by a colored sheet of paper or by a divider sheet.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
06/18/2013
Docket Code 089
Form V000A
Page 5
•
Blow-ups and large items may be used for demonstrative purposes; however, if they are
to be marked as an exhibit, a photograph of 8 ½ x 11 size are preferred for marking as an
exhibit. Please see the Clerk if there are issues with this.
•
Duplicate exhibits will NOT be marked.
PLEASE CONFER REGARDING EXHIBITS TO INSURE THERE ARE NO
DUPLICATES.
•
ALL EXHIBITS ARE DUE AS LISTED ABOVE – AT THE TIME OF THE
TRIAL MANAGEMENT CONFERENCE OR AS ADVISED BY THE COURT
NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.
IT IS FURTHER ORDERED setting a Telephonic Status Conference on October 10,
2013 at 9:00 a.m. (Time allotted: 15 minutes) before:
HONORABLE DAVID K. UDALL
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 205
MESA, AZ 85210
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division at (602) 506-5514 promptly at the scheduled time.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.
9:26 a.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
06/18/2013
Docket Code 089
Form V000A
Page 6
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
07/16/2013 — CV2013092744 CARLSON, ERIC A 07/16/2013 HON. DAVID K. UDALL View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/18/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
07/16/2013
Docket Code 081
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
K. Gilmet
Deputy
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
PAUL R NEIL
v.
ERIC A CARLSON, et al.
STEVEN W CHEIFETZ
JACOB A KUBERT
ALTERNATIVE DISPUTE
RESOLUTION - CCC
TRIAL VACATED
STATUS CONFERENCE SET
The Court has received and considered the parties’ Stipulation to Revise Litigation
Deadlines, electronically filed on July 10, 2013.
IT IS ORDERED adopting and incorporating all deadlines set forth in the parties’
Amended Proposed Scheduling Order, specifically:
1)
Initial Disclosure shall be exchanged by July 17, 2013.
2)
The identities and subject areas of expert testimony shall be disclosed by
September 13, 2013.
3)
Plaintiff’s final expert disclosure shall be served by October 11, 2013.
4)
Defendant’s final expert disclosures shall be served by November 8, 2013.
5)
Any motions to amend pleadings shall be filed by November 15, 2013.
6)
Written discovery shall be propounded by November 15, 2013.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
07/16/2013
Docket Code 081
Form V000A
Page 2
7)
The parties remaining in this action shall participate in comprehensive mediation
by November 22, 2013.
8)
Rebuttal expert disclosures shall be served by December 6, 2013.
9)
Final non-expert disclosures shall be exchanged by December 6, 2013.
10)
Discovery, including depositions, shall be completed by January 17, 2014.
11)
Dispositive or partially dispositive motions shall be filed by February 8, 2014.
12)
The case will be ready for trial on or after April 14, 2014.
Based on the revised dates,
IT IS ORDERED vacating the Bench Trial set to commence on December 18, 2013.
IT IS FURTHER ORDERED vacating the telephonic Status Conference set on October
10, 2013 and resetting same on December 3, 2013 at 9:15 a.m. (15 minutes allotted) before:
HONORABLE DAVID K. UDALL
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA
COURTROOM 205
MESA, AZ 85210
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division at (602) 506-5514 promptly at the scheduled time.
The Court will set a firm trial date at this conference. Counsel are advised to have their
trial calendars with them.
IT IS ORDERED that all motions, responses, replies and other Court requested filings in
this case must be submitted individually. Counsel shall not combine any motion with a
responsive pleading. All motions are to be filed separately and designated as such. No pleadings
will be accepted if filed in combination with another.
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.
NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
07/16/2013
Docket Code 081
Form V000A
Page 3
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
11/22/2013 — CV2013092744 CARLSON, ERIC A 11/22/2013 HON. DAVID K. UDALL View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/26/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
11/22/2013
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
K. Gilmet
Deputy
POINTE SOUTH MOUNTAIN RESIDENTIAL
ASSOCIATION, THE
PAUL R NEIL
v.
ERIC A CARLSON, et al.
STEVEN W CHEIFETZ
JACOB A KUBERT
CASE PLACED ON THE INACTIVE CALENDAR
Plaintiff having filed a Notice of Settlement,
IT IS ORDERED placing this matter on the inactive calendar for dismissal on
January 6, 2014, without further notice unless prior to that date a stipulated judgment or a
stipulation for dismissal together with a proposed form of Order is submitted to the Court.
IT IS FURTHER ORDERED vacating the telephonic Status Conference set on
December 3, 2013.
IT IS FURTHER ORDERED vacating the telephonic Status Conference set on June 18,
2014.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092744
11/22/2013
Docket Code 078
Form V000A
Page 2
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
