06/22/2009 — CV2009015328 CORPORATION, LAKEVIEW VILLAGE 06/22/2009 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/24/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
06/22/2009
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
A. Marquis
Deputy
VAL VISTA LAKES COMMUNITY
ASSOCIATION
JOSHUA M BOLEN
v.
LAKEVIEW VILLAGE CORPORATION
STEVEN R BEEGHLEY
BENCH TRIAL SET
Courtroom 202 – OCH
8:33 a.m. This is the time set for an Order to Show Cause Hearing re: Plaintiff’s
Application For Preliminary Injunction. Plaintiff is represented by counsel, Joshua M. Bolen.
Defendant is represented by counsel, Steven R. Beeghley.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the status of the case and counsel’s ongoing settlement
negotiations.
Pursuant to agreement of counsel and good cause appearing,
IT IS ORDERED:
1.
This matter is set for Trial to the Court re: permanent injunction/claims for
damages on January 8, 2010 at 9:00 a.m.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
06/22/2009
Docket Code 089
Form V000A
Page 2
Estimated length of trial: One day.
Before:
JUDGE ROBERT H OBERBILLIG
OLD COURT HOUSE
125 WEST WASHINGTON STREET
SECOND FLOOR – SUITE 202
PHOENIX, AZ 85003
(602) 506-2194
NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting the division
three (3) court business days before the scheduled hearing.
2.
A joint pretrial statement in accordance with Rule 16(d), A.R.C.P., shall be filed
by January 6, 2010.
3.
Exhibits shall be delivered to the clerk by January 6, 2010. Counsel may contact
the division clerk at (602)-506-8946 for instructions regarding submission of exhibits.
8:38 a.m. Matter concludes.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
07/06/2010 — CV2009015328 CORPORATION, LAKEVIEW VILLAGE 07/06/2010 HON. GARY E. DONAHOE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/08/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
07/06/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
S. Yoder
Deputy
VAL VISTA LAKES COMMUNITY
ASSOCIATION
JOSHUA M BOLEN
v.
LAKEVIEW VILLAGE CORPORATION
SHARON B SHIVELY
ORDER TO FILE JOINT PROPOSED SCHEDULING ORDER
The parties are hereby given notice that this case has been reassigned to the Honorable
Gary E. Donahoe effective March 31, 2010.
The Court has reviewed Plaintiff’s Motion to Set and Certificate of Readiness filed on
June 30, 2010; and Defendant’s Controvertind Certificate and Motion to Enforce Settlement.
Accordingly,
IT IS ORDERED as follows:
Counsel and/or the parties are to meet personally to discuss all of the matters set forth in
Rule 16(b), Ariz.R.Civ.P. Counsel and/or the parties shall prepare and file with the Court on or
before 5:00 p.m. on August 6, 2010 a Joint Proposed Scheduling Order for discovery, motion,
and disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form attached hereto,
containing the provisions which are applicable to their case. For example, paragraph one of the
Order set forth below need not be included in the parties’ proposed Order if the parties intend to
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
07/06/2010
Docket Code 023
Form V000A
Page 2
disclose their experts’ identity and opinions at the same time they disclose their experts’ areas of
testimony. Similarly, if the parties agree to simultaneously disclose the identity and opinions of
their expert witnesses, they need not include in their proposed Order the language set forth in
paragraph 2a. and b., below.
The proposed Order shall include specific dates (June 5, 2010 rather than “45 days from
close of discovery”). Do not incorporate a firm trial date in the proposed Order.
If counsel are unable to agree on any of the items that are to be included in the Order, the
reasons for their inability to agree shall be set forth in their proposed Order.
The Court will review the proposed Scheduling Order. If all is in order, the Court will set
a status conference close to the discovery cutoff date. At the status conference, if the parties
have completed discovery and are ready for trial, the Court will set firm dates for the final
pretrial management conference and the trial. If the parties are not ready for trial, the matter will
be placed on the Inactive Calendar for dismissal within 60 days.
If counsel feel a pretrial conference is still necessary at this stage of the litigation, they
should address the reasons why in the first paragraph of the proposed Scheduling Order.
If a Joint proposed Scheduling Order is not timely submitted, the Court will place the
matter back on the Inactive Calendar for dismissal.
NOTE: This Court utilizes FTR for an electronic record of the proceedings. However,
any party may request the presence of a court reporter by contacting the division three (3) court
business days before the scheduled hearing.
THE HONORABLE GARY E. DONAHOE
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON STREET
5TH FLOOR, COURTROOM 511
PHOENIX, ARIZONA 85003
602-506-3712 TEL
602-506-6648 FAX
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
07/06/2010
Docket Code 023
Form V000A
Page 3
[PROPOSED]
SCHEDULING ORDER
The Court has reviewed the parties’ Joint Proposed Scheduling Order and adopts and/or
modifies the days as follows:
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 2010. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
2010.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
2010.
2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2010. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2010.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2010.
3. Any and all discovery requests shall be served by 5:00 p.m. on ________, 2010.
4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 2010.
[or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2010.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 2010.
5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2010.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
07/06/2010
Docket Code 023
Form V000A
Page 4
6. All discovery shall be concluded by 5:00 p.m. on ________, 2010.
7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2010. This Order does not replace the parties’
obligation to seasonably disclose on an on-going basis under Rule 26.1 as information
becomes available.
8. Settlement conference (choose one):
The parties shall participate in private mediation by 5:00 p.m. on ________, 2010;
OR
The parties shall participate in a mandatory Settlement Conference and this matter is
referred to the court's Alternative Dispute Resolution for the appointment of a judge
pro tempore to conduct a settlement conference. Counsel and any "pro per" parties
will contact the appointed judge pro tempore to arrange the time and location for the
settlement conference. The judge pro tempore is requested to conduct a settlement
conference not later than ________, 2010. The Office of Alternative Dispute
Resolution will not do the scheduling of the settlement conference so please do not
contact that office. If counsel prefer to use a private mediator to conduct the
Settlement Conference, a Stipulation and Order re: Alternative to ADR must be
presented to the Court by 5:00 p.m. on ________, 2010.
9. No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at trial
other than those disclosed in a timely manner, except for good cause shown or written
agreement of the parties.
10. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
________, 2010.
11. A Telephonic Pretrial Status/Scheduling Conference is set for *****, 2010 at
****a.m./p.m. for the purpose of assigning a trial date if the case has not settled.
Counsel shall have their trial calendars available. Counsel for Plaintiff shall initiate
the telephonic conference by first arranging the presence of all other counsel on the
conference call and by calling this division at: (602) 506-3712 promptly at the
scheduled time.
NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
07/06/2010
Docket Code 023
Form V000A
Page 5
contacting the division three (3) court business days before the scheduled
hearing.
12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P.
13. The dates set forth in this Order are FIRM dates and will not be extended or modified
by this Court absent good cause. Lack of preparation will not ordinarily be
considered good cause.
14. This case is removed from the Inactive Calendar and all requirements of Rule 38.1,
Ariz.R.Civ.P., are waived unless and until otherwise ordered by the Court.
08/10/2010 — CV2009015328 CORPORATION, LAKEVIEW VILLAGE 08/10/2010 HON. GARY E. DONAHOE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/12/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
08/10/2010
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
S. Yoder
Deputy
VAL VISTA LAKES COMMUNITY
ASSOCIATION
JOSHUA M BOLEN
v.
LAKEVIEW VILLAGE CORPORATION
SHARON B SHIVELY
ORAL ARGUMENT SET
The parties are hereby given notice that this case has been reassigned to the Honorable
Gary E. Donahoe effective March 31, 2010.
The Court acknowledges receipt of Defendant’s Controverting Certificate and Motion to
Enforce Settlement filed July 2, 2010.
IT IS HEREBY ORDERED setting Oral Argument on the Motion to Enforce
Settlement on September 2, 2010 at 9:30 a.m. in this division. (Time allotted: 30 minutes.)
THE HONORABLE GARY E. DONAHOE
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON STREET
5TH FLOOR, COURTROOM 511
PHOENIX, AZ 85003
602-506-3712 TEL
602-506-6648 FAX
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
08/10/2010
Docket Code 094
Form V000A
Page 2
NOTE: This Court utilizes FTR for an electronic record of the proceedings. However, any party
may request the presence of a court reporter by contacting the division three (3) court business
days before the scheduled hearing.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
08/11/2010 — CV2009015328 CORPORATION, LAKEVIEW VILLAGE 08/11/2010 HON. GARY E. DONAHOE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/16/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
08/11/2010
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
S. Yoder
Deputy
VAL VISTA LAKES COMMUNITY
ASSOCIATION
JOSHUA M BOLEN
v.
LAKEVIEW VILLAGE CORPORATION
SHARON B SHIVELY
ALTERNATIVE DISPUTE
RESOLUTION - CCC
SCHEDULING ORDER SIGNED
REFERRAL TO ADR
IT IS HEREBY ORDERED approving and settling the Scheduling Order as modified
and signed by the Court on August 11, 2010. The modification is as follows:
Page 2, Paragraph No. 11
A Telephonic Pretrial Conference is set for December 3, 2010 at 10:30 a.m. for the
purpose of assigning a trial date if the case has not settled.
In all other respects the Scheduling Order remains unchanged.
IT IS FURTHER ORDERED the parties shall participate in a mandatory settlement
conference. This case is referred to the Court’s Alternative Dispute Resolution Office for the
appointment of a judge pro tempore to conduct a settlement conference. 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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
08/11/2010
Docket Code 022
Form V000A
Page 2
location for the settlement conference. The judge pro tempore is requested to conduct a
settlement conference not later than December 1, 2010. The Office of Alternative Dispute
Resolution will not do the scheduling of the settlement conference so please do not contact that
office.
All counsel and their clients, or non-lawyer representatives who have full and
complete authority to settle this case, shall personally appear and participate in good faith
in this settlement conference even if no settlement is expected.
FILED: Scheduling Order.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
09/03/2010 — CV2009015328 CORPORATION, LAKEVIEW VILLAGE 09/03/2010 HON. GARY E. DONAHOE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/10/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
09/03/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
S. Yoder
Deputy
VAL VISTA LAKES COMMUNITY
ASSOCIATION
JOSHUA M BOLEN
v.
LAKEVIEW VILLAGE CORPORATION
SHARON B SHIVELY
MINUTE ENTRY
The Court has considered the parties’ Expedited Joint Motion to Vacate Oral Arguments
on Motion to Enforce Settlement on September 2, 2010 at 9:30 a.m. Good cause appearing,
IT IS HEREBY ORDERED vacating the Oral Argument set for September 2, 2010.
IT IS FURTHER ORDERED affirming the Pretrial Conference set for December 3,
2010 at 10:30 a.m. in this division.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
09/15/2010 — CV2009015328 CORPORATION, LAKEVIEW VILLAGE 09/15/2010 HON. GARY E. DONAHOE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/17/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
09/15/2010
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
S. Yoder
Deputy
VAL VISTA LAKES COMMUNITY
ASSOCIATION
JOSHUA M BOLEN
v.
LAKEVIEW VILLAGE CORPORATION
SHARON B SHIVELY
HEARING VACATED AND RESET
On the Court’s own motion,
IT IS HEREBY ORDERED vacating telephonic Status and Scheduling Conference set
for December 3, 2010 and resetting same for December 8, 2010 at 8:30 a.m. in this division.
Plaintiff’s counsel is requested to arrange and initiate the conference call to the Court at
(602) 506-3712.
NOTE: This Court utilizes FTR for an electronic record of the proceedings. However, any party
may request the presence of a court reporter by contacting the division three (3) court business
days before the scheduled hearing.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
09/17/2010 — CV2009015328 CORPORATION, LAKEVIEW VILLAGE 09/17/2010 HON. GARY E. DONAHOE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/22/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
09/17/2010
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
S. Yoder
Deputy
VAL VISTA LAKES COMMUNITY
ASSOCIATION
JOSHUA M BOLEN
v.
LAKEVIEW VILLAGE CORPORATION
SHARON B SHIVELY
INACTIVE CALENDAR
A Notice of Settlement having been filed,
IT IS HEREBY ORDERED placing this matter on the Inactive Calendar for dismissal
on November 15, 2010 pursuant to Rule 3.6(c), Local Rules of Maricopa.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
12/16/2010 — CV2009015328 CORPORATION, LAKEVIEW VILLAGE 12/16/2010 HON. GARY E. DONAHOE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
12/20/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-015328
12/16/2010
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
S. Yoder
Deputy
VAL VISTA LAKES COMMUNITY
ASSOCIATION
JOSHUA M BOLEN
v.
LAKEVIEW VILLAGE CORPORATION
SHARON B SHIVELY
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was placed on the Inactive Calendar for dismissal on November 15, 2010
unless specified action was taken before a certain date. The date has passed and the action has
not been taken.
Accordingly,
IT IS HEREBY ORDERED dismissing this case without prejudice for lack of
prosecution.
/s/ Gary E. Donahoe
___________________________________
Gary E. Donahoe
Judge of the Superior Court
