03/26/2010 — CV2009013892 HOMEOWNERS ASSOCIATION INC, DESERT SHADOWS 03/26/2010 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/30/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-013892
03/26/2010
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
DESERT SHADOWS HOMEOWNERS
ASSOCIATION INC
MARK A HOLMGREN
v.
TRIMARK HOMES INC, et al.
MITCHELL J RESNICK
CONTINUANCE ON INACTIVE CALENDAR
The Court having considered Plaintiff’s February 23, 2010 Motion to Continue Matter on
the Inactive Calendar, no response having been received, and good cause appearing,
IT IS ORDERED granting the motion and continuing this matter on Inactive Calendar to
and including June 25, 2010.
On the Court’s motion,
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 Scheduling Order
prescribed herein. The Court may adopt or modify the discovery and disclosure schedule order
and set a scheduling conference for purposes of setting a trial date. If counsel believe that a
pretrial conference is 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-013892
03/26/2010
Docket Code 084
Form V000A
Page 2
If the parties fail to file a timely memorandum, sanctions may issue pursuant to Rule
16(f).
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 by 5 p.m. on May 25, 2010, a Joint Pretrial
Memorandum, and prepare a proposed order for Discovery and Disclosure deadlines. The
proposed order shall include dates for the following items and conform substantially with the
attached sample order.
1.
A date or dates for initial disclosures and/or to supplement disclosures made to
date.
2.
An initial and final date to propound written discovery requests that shall
include, as far as can reasonably be anticipated, any and all medical examinations
which may be required of any of the parties; the person or persons to conduct such
examinations; and all tangible evidence to be disclosed or exchanged.
3.
A date for the initial and final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.
4.
A date for the initial and final disclosure of the identities, subject matter, and
reports of expert witnesses, and/or to supplement disclosures made to date.
5.
A date for completion of all depositions.
6.
A date by which any motions to amend the pleadings will be filed.
7.
A date by which all discovery motions will be filed.
8.
A date by which all dispositive or partially-dispositive motions shall be filed.
9.
A proposed date for a Mandatory Settlement Conference pursuant to Rule
16.1. Alternatively, the parties may propose a deadline by which they will
participate in private mediation.
10.
The anticipated length of trial.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-013892
03/26/2010
Docket Code 084
Form V000A
Page 3
If the parties agree as to the dates, they need only prepare, approve as to form, and submit
the proposed order attached hereto. If counsel are unable to agree on some or all of the items set
forth in the attached form of order, they shall submit their agreements in the form of the attached
form of order, and, as to any disagreements, state their separate proposals and reasons for any
disagreements. All proposed deadlines shall be set forth as calendar dates, and not in the
form “XX days before trial.”
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 courtesy, but to ensure that no party suffers
summary disposition on an issue by virtue of an extension as to which the Court is not aware.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-013892
03/26/2010
Docket Code 084
Form V000A
Page 4
[Proposed] Scheduling Order
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)
Written discovery shall be propounded by: (MM/DD/YYYY)
(3)
Written discovery shall be completed by: (MM/DD/YYYY)
(4)
Final non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(6)
Plaintiff’s final expert disclosures shall be served by: (MM/DD/YYYY)
Defendant’s final expert disclosures shall be exchanged by: (MM/DD/YYYY)
Rebuttal expert disclosures shall be exchanged by: (MM/DD/YYYY)
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
All discovery motions shall be filed by: (MM/DD/YYYY)
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
Dispositive Motions shall be filed by: (MM/DD/YYYY)
(11)
The parties remaining in this action shall participate in private mediation by
(MM/DD/YYYY). OR The parties remaining in this action shall participate in a
Mandatory Settlement Conference (ADR) by (MM/DD/YYYY) (Note: only one
of the preceding two options shall be included in the proposed order.)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-013892
03/26/2010
Docket Code 084
Form V000A
Page 5
(12)
The following number of days will be required to pick a jury and try this matter:
____
(13)
The provisions of subsections (a) through (g) of Rule 38.1, ARCP, shall not apply
to this proceeding.
IT IS FURTHER ORDERED setting a telephonic Status Conference to be initiated by
the Plaintiff(s) in this matter on [counsel to leave this date blank] (time allotted: 15 minutes), in
this Division.
THE HONORABLE HUGH E. HEGYI
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
6TH FLOOR, COURTROOM 611
PHOENIX, AZ 85003
602-506-3963 TEL
602-372-8636 FAX
NOTE: All attorneys and any parties appearing telephonically shall appear on land
lines and not on cellular telephones. Additionally, counsel shall have their calendars available
for this proceeding.
IT IS FURTHER ORDERED that in no less than five days prior to the Status
Conference set herein, the parties shall submit a joint status report to the Court regarding the
history and status of the case and efforts at Alternative Dispute Resolution pursuant to ARCP
Rule 16(g).
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel
shall use good faith efforts to meet and confer in person or by telephone. If such conference is
unsuccessful, counsel are strongly urged to initiate a conference call with this Division to give it
an opportunity to attempt to decide the issues without the expense and delay of filing a motion to
compel or motion for protective order.
MOTIONS: Counsel are directed to send a copy of case or other authority (except
Arizona state appellate cases) referred to in a pleading to this Division at the time the pleading is
filed.
05/26/2010 — CV2009013892 HOMEOWNERS ASSOCIATION INC, DESERT SHADOWS 05/26/2010 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/28/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-013892
05/26/2010
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
DESERT SHADOWS HOMEOWNERS
ASSOCIATION INC
MARK A HOLMGREN
v.
TRIMARK HOMES INC, et al.
MITCHELL J RESNICK
INACTIVE CALENDAR
The Court having considered Plaintiff’s May 24, 2010 Notice of Settlement,
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on August
23, 2010. Unless a Stipulated Judgment or a Stipulation for Dismissal, along with a proposed
form of Order, is submitted to the Court before that date, all remaining unadjudicated claims may
be dismissed without further notice.
08/06/2009 — CV2009013892 HOMEOWNERS ASSOCIATION INC, DESERT SHADOWS 08/06/2009 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/07/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-013892
08/06/2009
Docket Code 530
Form L000
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
L. Firriello
Deputy
DESERT SHADOWS HOMEOWNERS
ASSOCIATION INC
MARK A HOLMGREN
v.
TRIMARK HOMES INC, et al.
MITCHELL J RESNICK
DATA SALES GROUP INC
C/O JOHN HOOPES
2410 W RAY RD STE 1
CHANDLER AZ 85224-0001
HIGH SONORAN RESOURCES L L C
C/O STEVEN P OMAN
14001 N 50TH ST
SCOTTSDALE AZ 85254
COURT ADMIN-CIVIL-ARB DESK
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
DOCKET-CIVIL-CCC
E-FILE CASE MANAGEMENT
FILE ROOM-CSC
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 be electronically filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-013892
08/06/2009
Docket Code 530
Form L000
Page 2
The electronic filing system will be available for use on August 6, 2009 and mandatory e-
filing will commence on September 1, 2009. 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.
IT IS FURTHER ORDERED, 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/efiling/default.asp
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.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-013892
08/06/2009
Docket Code 530
Form L000
Page 3
party chooses to use the Clerk of Court's hosted eFiling system, the filing party is to pay at the
time the document is eFiled by calling 602-506-2565 to pay by phone with Visa or Mastercard,
or the fee is to be paid at the File Counter prior to eFiling a document that requires a fee. Please
do not mail checks for filing fees to the Clerk's Office. Bonds cannot be paid with credit card.
Documents will be rejected within two days if statutorily required fees are not paid.
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 Court strongly encourages filing parties to submit all proposed forms of order in a
Microsoft Word format because that format allows judicial officers to make minor changes to an
existing order and issue it electronically.
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 Summer 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.
11/20/2009 — CV2009013892 HOMEOWNERS ASSOCIATION INC, DESERT SHADOWS 11/20/2009 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/23/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-013892
11/20/2009
Docket Code 049
Form V049
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
C. Saunders
Deputy
DESERT SHADOWS HOMEOWNERS
ASSOCIATION INC
MARK A HOLMGREN
v.
TRIMARK HOMES INC, et al.
MITCHELL J RESNICK
DATA SALES GROUP INC
C/O JOHN HOOPES
2410 W RAY RD STE 1
CHANDLER AZ 85224-0001
HIGH SONORAN RESOURCES L L C
C/O STEVEN P OMAN
14001 N 50TH ST
SCOTTSDALE AZ 85254
DEFAULT JUDGMENT
IT IS ORDERED granting judgment against Defendant High Sonoran Resources, all in
accordance with the formal written Default Judgment signed by the Court on November 18, 2009
and filed (entered) by the Clerk on November 20, 2009.
Pursuant to Rule 5(j)(2), the Clerk’s office is required to notify all parties when an
Order/Judgment is signed by the Court, either by mailing a conformed copy, or by minute entry.
In the future, please provide envelopes and copies of the Order/Judgment when submitting same
for the court’s signature so that all parties receive a copy of the signed Order/Judgment. Failure
to do so may result in the matter being returned to counsel for non-compliance to be resubmitted
as required by the rule.
