02/07/2019 — CV2018004037 DRIVE HOMEOWNERS ASSOCIATION INC, SKY HAWK 02/07/2019 HONORABLE JAMES D. SMITH View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
02/11/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
02/07/2019
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES D. SMITH
P. Culp
Deputy
KENNETH SMITH, et al.
PATRICK R MACQUEEN
v.
SKY HAWK DRIVE HOMEOWNERS
ASSOCIATION INC
AUGUSTUS H SHAW IV
JUDGE J. SMITH
MINUTE ENTRY
Pursuant to the parties’ Scheduling Order granted by the Court,
IT IS ORDERED vacating the Telephonic Trial Scheduling Conference for the purpose
of assigning a trial date on July 8, 2019 at 8:45 a.m. and resetting same for July 30, 2019 at 10:00
a.m. (15 minutes allotted) in this division, before:
HONORABLE JAMES D. SMITH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 814
PHOENIX, AZ 85003
602-372-5945
Counsel/parties shall have their trial calendars available for the conference.
Counsel shall consider the following in advising the Court how many days are
necessary for trial. Trial is held from 9:30 a.m. to 4:30 p.m., Mondays through Thursdays.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
02/07/2019
Docket Code 083
Form V000A
Page 2
Each trial day is budgeted to be 4.5 hours of actual in court time, exclusive of breaks and
bench conferences. The Court reserves for itself 4.5 hours for its portion of voir dire, reading
preliminary and final jury instructions, and for jury deliberations. The parties will split the
remaining time for each party's portion of voir dire, opening statements, witness
examinations, and closing arguments. The Court uses a timer to keep track of your time.
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’s at (602) 372-5945 at the scheduled time.
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 meet and confer
telephonically, if not in person. Counsel (or a self-represented litigant) must together call my
judicial assistant (602-372-5945) and obtain a date and time for a telephonic conference. My JA
will try to set a time within the next five judicial days. You must file a statement of the issue and
your position, not to exceed three pages (1.5 pages per side). If a written discovery request is
involved, such as an interrogatory or request for production, provide the discovery request and
response. [This differs from Rule 26(d)(2).] Email this submission to my JA at least two judicial
days before the conference ([email protected]).
Motion Practice:
Do not combine requests for relief. (Responses, replies, cross motions, etc., must be filed
separately).
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 at [email protected].
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
02/07/2019
Docket Code 083
Form V000A
Page 3
determine if they object. If they do not object, file a stipulation. 2. E-file the motion and email the
filed document in Word format to the judicial assistant and opposing counsel. 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 case establishes an earlier deadline, the deadline for filing a
summary judgment motion is approximately 150 days before trial. No modification, including a
stipulated modification, of this deadline will be honored absent a motion explaining why the 150-
day deadline is impractical in the circumstances.
Motions in Limine:
Ruling on 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.” Do not file motions titled as “in limine” that are really late-filed motions
for summary judgment. Each side is limited to five motions in limine without leave of Court to file
more.
1. Page Limit and Format: Neither the motion in limine nor the response may exceed
five pages, including the caption. Motions in limine must 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 address 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 the Court will grant a
motion in limine. 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 Arizona
Rule of Civil Procedure 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 2018-004037
02/07/2019
Docket Code 083
Form V000A
Page 4
2. Rule 7.2: File motions in limine in accordance with Arizona Rule of Civil Procedure
7.2. Before filing any motion in limine, the parties must meet and confer to attempt to resolve the
issues. Motions in limine must include a certification that counsel conferred at least
telephonically, if not in person.
3. Deadlines: The deadline for motions in limine is 30 days before the final pretrial
management conference. Responses are due 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) 372-5945 or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.
Daubert Motions:
The deadline for any motion brought for a Daubert hearing or brought under Arizona Rule
of Evidence 702 is the same as the dispositive motion deadline. 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
Arizona Rule of Evidence 702.
Disclosure Motions:
All motions to exclude/strike untimely- or improperly-disclosed information or arguments
are due (1) 14 days after the final supplemental disclosure deadline or (2) 14 days after that
untimely or improper disclosure, whichever is later. See Ariz. R. Civ. P. 37(c). You must meet
and confer before filing such motions. Ariz. R. Civ. P. 26(i). The purpose is to try to resolve the
scope of the disclosure to eliminate the possible dispute. Counsel must cooperate in scheduling
that meet and confer telephone call or meeting.
Motions for Summary Judgment:
Follow Arizona Rule of Civil Procedure 5.2(B)(1)(b), which requires 13 point font in text
and footnotes. The Court rarely grants motions to exceed page limits as well. Separate statements
of fact under Arizona Rule of Civil Procedure 56(c)(3) cannot exceed 15 pages, excluding exhibits.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
02/07/2019
Docket Code 083
Form V000A
Page 5
The Court presumptively limits each party to one motion for summary judgment. That
party must include all arguments regarding summary judgment regarding a claim or defense (or
part of a claim or defense) in that motion. If a party believes that he/she/it cannot address all issues
in the 17-page limit, then he/she/it must seek leave to file an oversize brief before filing the motion
for summary judgment.
The parties must exchange letters of two pages or fewer at least 30 days before filing a
motion for summary judgment. Those letters will describe any anticipated motions for summary
judgment and responses, identifying the issues and claims on which a party will seek summary
judgment. The purpose is to narrow issues, focus briefing, and perhaps eliminate the need for
separate statements of fact. If a party does not anticipate filing such a motion, then he/she/it will
send correspondence noting that fact.
The Court prohibits “cross-motions” or “counter-motions” for summary judgment. [See
above regarding the prohibition on combining requests for relief.] If a party believes that he/she/it
is entitled to judgment as a matter of law, then he/she/it must file a motion for summary judgment
on the claim or defense (or part of a claim or defense) by the dispositive motion deadline. Raising
the request for relief in a response to the opponent’s motion is an untimely motion for summary
judgment. Although this order appears under the heading of motions for summary judgment, it
applies equally to other motions (e.g., do not file a “cross-motion” to compel in response to your
opponent’s motion for protective order).
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 2018-004037
02/07/2019
Docket Code 083
Form V000A
Page 6
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 between Plaintiff and Defendant.
If you are not familiar with this division’s electronic equipment, please make an
appointment with this division’s bailiff at least one week prior to your hearing.
If you ever email this division, you must copy all parties involved in the case.
All inquiries regarding exhibit procedures should be directed to this division’s courtroom
clerk, Pamela Culp, 602-372-1153.
My judicial profile on the Court’s web site includes additional information.
07/18/2018 — CV2018004037 DRIVE HOMEOWNERS ASSOCIATION INC, SKY HAWK 07/18/2018 HONORABLE JAMES D. SMITH View Minute Entry ↑ top
- Source
- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
07/20/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
07/18/2018
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES D. SMITH
P. Culp
Deputy
KENNETH SMITH, et al.
PATRICK R MACQUEEN
v.
SKY HAWK DRIVE HOMEOWNERS
ASSOCIATION INC
AUGUSTUS H SHAW IV
JUDGE J. SMITH
MINUTE ENTRY
The Court received Defendant Sky Hawk Drive Homeowners Association’s Motion to
Dismiss Plaintiffs’ First Claim of Relief for Defamation filed May 29, 2018, the response, and
the reply. Plaintiffs sought leave to file an amended complaint on July 3, 2018. Defendant’s
Response to Plaintiffs’ Motion for Leave to File First Amended Verified Complaint (filed
07/12/2018) indicated that Defendant does not oppose allowing Plaintiffs to file an amended
complaint. For purposes of efficiency and clarity, however, it does not make sense to rule on a
motion to dismiss that attacked the original (now superseded) complaint.
IT IS ORDERED denying the motion to dismiss without prejudice to Defendant moving
to dismiss Plaintiff’s amended complaint.
IT IS FURTHER ORDERED granting Plaintiffs’ motion to file an amended
complaint. Plaintiffs must file and serve the amended pleading within 10 days of the date the
Clerk files this order. Defendant will then have 10 days to respond to the amended complaint.
10/03/2018 — CV2018004037 DRIVE HOMEOWNERS ASSOCIATION INC, SKY HAWK 10/03/2018 HONORABLE JAMES D. SMITH View Minute Entry ↑ top
- Source
- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
10/04/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
10/03/2018
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES D. SMITH
P. Culp
Deputy
KENNETH SMITH, et al.
PATRICK R MACQUEEN
v.
SKY HAWK DRIVE HOMEOWNERS
ASSOCIATION INC
AUGUSTUS H SHAW IV
JUDGE J. SMITH
MINUTE ENTRY
Pursuant to the parties’ Scheduling Order granted by the Court,
IT IS ORDERED setting a Telephonic Trial Scheduling Conference for the purpose of
assigning a trial date on July 8, 2019 at 8:45 a.m. (15 minutes allotted) in this division, before:
HONORABLE JAMES D. SMITH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 814
PHOENIX, AZ 85003
602-372-5945
Counsel/parties shall have their trial calendars available for the conference.
Counsel shall consider the following in advising the Court how many days are
necessary for trial. Trial is held from 9:30 a.m. to 4:30 p.m., Mondays through Thursdays.
Each trial day is budgeted to be 4.5 hours of actual in court time, exclusive of breaks and
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
10/03/2018
Docket Code 041
Form V000A
Page 2
bench conferences. The Court reserves for itself 4.5 hours for its portion of voir dire, reading
preliminary and final jury instructions, and for jury deliberations. The parties will split the
remaining time for each party's portion of voir dire, opening statements, witness
examinations, and closing arguments. The Court uses a timer to keep track of your time.
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’s at (602) 372-5945 at the scheduled time.
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 meet and confer
telephonically, if not in person. Counsel (or a self-represented litigant) must together call my
judicial assistant (602-372-5945) and obtain a date and time for a telephonic conference. My JA
will try to set a time within the next five judicial days. You must file a statement of the issue and
your position, not to exceed three pages (1.5 pages per side). If a written discovery request is
involved, such as an interrogatory or request for production, provide the discovery request and
response. [This differs from Rule 26(d)(2).] Email this submission to my JA at least two judicial
days before the conference ([email protected]).
Motion Practice:
Do not combine requests for relief. (Responses, replies, cross motions, etc., must be filed
separately).
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 at [email protected].
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
determine if they object. If they do not object, file a stipulation. 2. E-file the motion and email the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
10/03/2018
Docket Code 041
Form V000A
Page 3
filed document in Word format to the judicial assistant and opposing counsel. 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 case establishes an earlier deadline, the deadline for filing a
summary judgment motion is approximately 150 days before trial. No modification, including a
stipulated modification, of this deadline will be honored absent a motion explaining why the 150-
day deadline is impractical in the circumstances.
Motions in Limine:
Ruling on 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.” Do not file motions titled as “in limine” that are really late-filed motions
for summary judgment. Each side is limited to five motions in limine without leave of Court to file
more.
1. Page Limit and Format: Neither the motion in limine nor the response may exceed
five pages, including the caption. Motions in limine must 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 address 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 the Court will grant a
motion in limine. 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 Arizona
Rule of Civil Procedure 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.
2. Rule 7.2: File motions in limine in accordance with Arizona Rule of Civil Procedure
7.2. Before filing any motion in limine, the parties must meet and confer to attempt to resolve the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
10/03/2018
Docket Code 041
Form V000A
Page 4
issues. Motions in limine must include a certification that counsel conferred at least
telephonically, if not in person.
3. Deadlines: The deadline for motions in limine is 30 days before the final pretrial
management conference. Responses are due 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) 372-5945 or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.
Daubert Motions:
The deadline for any motion brought for a Daubert hearing or brought under Arizona Rule
of Evidence 702 is the same as the dispositive motion deadline. 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
Arizona Rule of Evidence 702.
Disclosure Motions:
All motions to exclude/strike untimely- or improperly-disclosed information or arguments
are due (1) 14 days after the final supplemental disclosure deadline or (2) 14 days after that
untimely or improper disclosure, whichever is later. See Ariz. R. Civ. P. 37(c). You must meet
and confer before filing such motions. Ariz. R. Civ. P. 26(i). The purpose is to try to resolve the
scope of the disclosure to eliminate the possible dispute. Counsel must cooperate in scheduling
that meet and confer telephone call or meeting.
Motions for Summary Judgment:
Follow Arizona Rule of Civil Procedure 5.2(B)(1)(b), which requires 13 point font in text
and footnotes. The Court rarely grants motions to exceed page limits as well. Separate statements
of fact under Arizona Rule of Civil Procedure 56(c)(3) cannot exceed 15 pages, excluding exhibits.
The Court presumptively limits each party to one motion for summary judgment. That
party must include all arguments regarding summary judgment regarding a claim or defense (or
part of a claim or defense) in that motion. If a party believes that he/she/it cannot address all issues
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
10/03/2018
Docket Code 041
Form V000A
Page 5
in the 17-page limit, then he/she/it must seek leave to file an oversize brief before filing the motion
for summary judgment.
The parties must exchange letters of two pages or fewer at least 30 days before filing a
motion for summary judgment. Those letters will describe any anticipated motions for summary
judgment and responses, identifying the issues and claims on which a party will seek summary
judgment. The purpose is to narrow issues, focus briefing, and perhaps eliminate the need for
separate statements of fact. If a party does not anticipate filing such a motion, then he/she/it will
send correspondence noting that fact.
The Court prohibits “cross-motions” or “counter-motions” for summary judgment. [See
above regarding the prohibition on combining requests for relief.] If a party believes that he/she/it
is entitled to judgment as a matter of law, then he/she/it must file a motion for summary judgment
on the claim or defense (or part of a claim or defense) by the dispositive motion deadline. Raising
the request for relief in a response to the opponent’s motion is an untimely motion for summary
judgment. Although this order appears under the heading of motions for summary judgment, it
applies equally to other motions (e.g., do not file a “cross-motion” to compel in response to your
opponent’s motion for protective order).
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.
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 between Plaintiff and Defendant.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-004037
10/03/2018
Docket Code 041
Form V000A
Page 6
If you are not familiar with this division’s electronic equipment, please make an
appointment with this division’s bailiff at least one week prior to your hearing.
If you ever email this division, you must copy all parties involved in the case.
All inquiries regarding exhibit procedures should be directed to this division’s courtroom
clerk, Pamela Culp, 602-372-1153.
My judicial profile on the Court’s web site includes additional information.
