05/24/2004 — CV2004008325 ASSOCIATION INC, BELLVUE HOMEOWNERS 05/24/2004 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-008325
05/24/2004
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
FILED: 05/26/2004
BELLVUE HOMEOWNERS ASSOCIATION
INC
JAMES H HAZLEWOOD
JAMES ROGER WOOD
v.
LEONARD ORLANDO, et al.
JERALD C THOMPSON
TRAYLOR E RICHARDSON
ANTHONY E YOUNG
RETURN HEARING
EVIDENTIARY HEARING SET
9:40 a.m. This is the time set for a Return Hearing on Order to Show Cause re: Plaintiff’s
Request for Permanent Injunction. Plaintiff is represented by counsel James Roger Wood and
Traylor E. Richardson. Defendant Leonard Orlando is present with counsel Anthony E. Young.
The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.
Plaintiff’s Request for Permanent Injunction is argued to the Court.
IT IS ORDERED setting an Order to Show Cause Hearing re: Plaintiff’s Request for
Permanent Injunction for July 16, 2004 at 1:30 p.m. before:
The Honorable Kenneth Fields
Maricopa County Superior Court
East Court Building
Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060
ALLOTTED TIME: ½ DAY
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-008325
05/24/2004
Docket Code 005
Form V000A
Page 2
IT IS FURTHER ORDERED that plaintiff’s counsel has until close of business on June
1, 2004 to provide discovery to defense counsel, including names of witnesses and exhibits to be
used at the hearing.
IT IS FURTHER ORDERED that defendant’s counsel has until close of business on
June 8, 2004 to provide discovery to plaintiff’s counsel, including names of witnesses and
exhibits to be used at the hearing.
Exhibits
Counsel shall deliver to the Division the parties' exhibits along with a description of each
exhibit [a hard copy plus (IF POSSIBLE) on an IBM-Compatible, 3.5 diskette in Microsoft Word
95 or 97] no later than 5 days prior to trial. Counsel may e-mail the list of exhibits with their
descriptions the clerk (then no need for diskette). Identify each exhibit with its number; for example,
attach a Post-it Note to each exhibit or separate each exhibit with a colored sheet of paper with the
exhibit number written on it. If counsel have more than 100 exhibits each, submit exhibits in a
three-ring binder with numbered-tabbed sheets separating each. A second copy of the exhibits is
appreciated for use by Judge Fields.
(1)
Counsel shall call (602-506-8806) before the above date to inform the clerk, of the number
of exhibits and the date counsel intend to deliver the exhibits, along with their list with a description
of each exhibit on it prior to trial. When counsel calls, the clerk shall provide counsel with a block
of numbers for numbering that party’s exhibits. If counsel intend to submit more than 25 exhibits
each, counsel shall make arrangements with the clerk to provide assistance with attaching the
exhibit tags to the exhibits at the time the exhibits are delivered to the division prior to trial or
counsel may send a runner to the Division to pick up the tags in order for counsel to attach the tags
to the exhibits at counsel's office (inform the clerk of this election prior to pickup).
(2) Keep the descriptions of the exhibits simple (name of document; date). Don’t use a description
that can’t be verified by looking at the document. For example, if you have a doctor’s report, but it
doesn’t say “doctor’s report” on the document, use another description or add a title page that says
“doctor’s report”.
(3) Number the exhibits serially -- 1, 2, 3 etc., (not 1(a), 1(b). Don't skip numbers.
(4) Counsel shall do their best to eliminate duplication of exhibits.
(5) Do not list depositions on the Exhibit Description Form; they are filed in separately by the
clerk.
(6) List only the exhibits delivered to the clerk prior to trial. Do not list exhibits to be delivered at a
later date, introduced at trial, or opposing party's exhibits.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-008325
05/24/2004
Docket Code 005
Form V000A
Page 3
EXAMPLE FOR PLAINTIFF
Caption: John Doe v. Jane Doe Cause No.: CV1999-000210
Plaintiff's Exhibits (All exhibits are copies unless noted)
1. Letter to John Doe from Jim Smith, 1/1/98
2.
Medical records of John Henry Hospital, 1994-98
3. Deed to 1101 N. Central Avenue, Phoenix, AZ, 1/1/98
EXAMPLE FOR DEFENDANT
Caption: John Doe v. Jane Doe Cause No.: CV 1999-000210
Defendant's Exhibits (All exhibits are copies unless noted)
4. Letter to Henry Johnson from Carol Smith, 1/1/99
5. Medical records from Dr. J. Brown, 1994-98
6.
Deed to 7201 N. Washington St, Phoenix, AZ, 1/1/98
(7) Bring the completed Exhibit Description List and numbered exhibits to Judge Fields' Division
(ECB, 414) along with the description of all exhibits on disk. You can also Email your exhibit list
to: [email protected].
(8) If there are any questions concerning exhibits, please call. All other questions are to be
directed to the Division's Judicial Assistant.
(9) Keep the descriptions simple. Include title and type of document and date of document.
(10) Don't include the bate #s (should you use bate #s) in your descriptions of the exhibits.
(11) Please provide descriptions of exhibits on a floppy disk when you bring the exhibits to the
clerk at least 5 days prior to trial/hearing.
Thank you for your cooperation.
Clerk of Judge Fields' Division (602-506-8806)
9:50 a.m. Hearing concludes.
ELECTRONIC ("E") COURTROOM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-008325
05/24/2004
Docket Code 005
Form V000A
Page 4
A record of the proceedings may be made by videotape in lieu of a court reporter. Should an
official transcript be required, you may request that the Court prepare it. The party ordering the
transcript must pay for it. With this new technology, a court reporter is likely not required and
the parties are encouraged to experience the Court's video-recording system before requesting a
court reporter.
If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of superior
court proceedings digitally recorded and provided on compact Disc (CD) and for each copy of a
superior court proceeding provided on videotape. The fee is due when the CD or videotape is
picked up. Cash and in-state checks will be accepted for payment. Please make checks payable
to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or 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 fee and present both the receipt and the form to
the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
please call Electronic Records Services at 602-506-7100.
07/16/2004 — CV2004008325 ASSOCIATION INC, BELLVUE HOMEOWNERS 07/16/2004 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-008325
07/16/2004
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
FILED: 07/20/2004
BELLVUE HOMEOWNERS ASSOCIATION
INC
JAMES ROGER WOOD
v.
LEONARD ORLANDO, et al.
ANTHONY E YOUNG
ORDER TO SHOW CAUSE HEARING/RULINGS
Prior to the hearing, Defendant’s Exhibit 1 is marked for identification.
1:30 p.m. This is the time set for Order to Show Cause Re: Request for Preliminary
Injunction. Plaintiff is represented by counsel James Roger Wood. Defendants are represented
by counsel Anthony E. Young.
The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.
Plaintiff’s counsel invokes the Rule of Exclusion of Witness and the following
prospective witnesses are sworn:
Paul Keith Richey
Steven Phillip Brown
Mindy Schooley
Leonard John Orlando
The prospective witnesses are advised of the rule and are asked to leave the courtroom
until called upon to testify with the exception of defendant Leonard Orlando.
Plaintiff’s case:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-008325
07/16/2004
Docket Code 019
Form V000A
Page 2
Seven Phillip Brown, previously sworn, testifies.
Plaintiff’s Exhibit 2 is marked for identification and received in evidence.
Plaintiff’s Exhibit 3 is marked for identification and received in evidence.
Defendant stipulates that the van is parked in the driveway or in plain view more than
four hours at a time.
Plaintiff’s Exhibit 4 is marked for identification and received in evidence.
Plaintiff’s Exhibit 5 is marked for identification and received in evidence.
Mindy Schooley, previously sworn, testifies.
Plaintiff’s Exhibit 6 is marked for identification and received in evidence.
Defendant’s Exhibit 7 is marked for identification and received in evidence.
Defendant’s Exhibit 1 is received in evidence.
Plaintiff’s counsel moves for a Directed Verdict/Judgment as a matter of law.
Defense counsel moves for a Directed Verdict/Judgment as a matter of law.
Motions are argued to the Court.
IT IS ORDERED denying Plaintiff’s Request for a Preliminary Injunction.
IT I S FURTHER ORDERED denying Plaintiff’s Motion for Judgment as a Matter of
Law for the reasons stated on the record.
IT I S FURTHER ORDERED granting Defendant’s Motion for Judgment as a Matter
of Law for the reasons stated on the record.
3:05 p.m. Hearing concludes.
FILED: Case Worksheet; Exhibit Worksheet
