Holding HOA Boards, Attorneys, and Management Companies Accountable
Maricopa County Superior Court Case CV2008-091292
Case Header
Maricopa County Superior Court Case CV2008-091292: public docket details, parties, minute entries, documents, and official source links for Foothills Community Association, The.
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/15/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
01/14/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
THE HONORABLE LOUIS ARANETA
T. Haaser
Deputy
FOOTHILLS COMMUNITY ASSOCIATION,
THE
CHARLES E MAXWELL
v.
MONTEVINA ESTATE HOMES L L C
SARA R WITTHOFT
MINUTE ENTRY
The Defendant’s Motion to Dismiss is considered moot since Defendant’s Notice of
Withdrawal of Motion to Dismiss has been filed.
01/14/2009 — CV2008091292 ASSOCIATION, THE, FOOTHILLS COMMUNITY 01/14/2009 THE HONORABLE LOUIS ARANETA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/15/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
01/14/2009
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
THE HONORABLE LOUIS ARANETA
T. Haaser
Deputy
FOOTHILLS COMMUNITY ASSOCIATION,
THE
CHARLES E MAXWELL
v.
MONTEVINA ESTATE HOMES L L C
SARA R WITTHOFT
MINUTE ENTRY
Pursuant to stipulation, the Court has signed the order continuing this matter on the
Inactive Calendar until September 28, 2009.
COMPREHENSIVE PRETRIAL CONFERENCE SET
IT IS ORDERED setting a telephonic Comprehensive Pretrial Conference on February
27, 2009 at 9:30 a.m. (15 minutes allotted before:
HONORABLE LOUIS ARANETA
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 207
MESA AZ 85210
NOTE: Counsel for Plaintiff shall initiate the conference call by calling this division at
602-506-1179 at the date and time specified above.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
01/14/2009
Docket Code 026
Form V000A
Page 2
JOINT PRETRIAL MEMORANDUM
IT IS ORDERED as follows:
Counsel are to meet personally to discuss all of the matters set forth in Rule 16(b), Ariz.
R. Civ. P. Counsel shall prepare and file with the Court, no later than 5:00 p.m. on February
20, 2009, a Joint Pretrial Memorandum with discovery, motion and disclosure deadlines.
If the parties agree to the dates, they should prepare the Joint Pretrial Memorandum in the
form set forth below, containing the provisions which are applicable to their case.
The Joint Pretrial Memorandum shall include specific dates (“December 5, 2007” is a
specific date. “90 days prior to trial” is a date in reference to a trial date and is not a specific
date). Do not incorporate a firm trial date in the Joint Pretrial Memorandum.
If a Joint Pretrial Conference Memorandum is not timely submitted, the Court will place
the matter back on the Inactive Calendar for dismissal.
PROPOSED LANGUAGE:
The Court has received and reviewed the parties’ Joint Pretrial Memorandum. In
accordance therewith,
IT IS ORDERED as follows:
1. Plaintiff’s final expert disclosure shall be served by
, 2009.
2. Defendant’s final expert disclosures shall be exchanged by
, 2009.
3. Rebuttal expert disclosures shall be exchanged by
, 2009.
4. Final non-expert disclosures shall be exchanged by
, 2009.
5. All Discovery shall be completed by
, 2009.
6. The parties remaining in this action shall completed private mediation by
, 2009. The parties are to file a Notice of Private Mediator by
;
IT IS ORDERED the parties shall participate in private mediation. The cost of
private mediation shall be paid proportionately by the parties.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
01/14/2009
Docket Code 026
Form V000A
Page 3
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
, 2009. The Office of Alternative Dispute Resolution will not do the
scheduling of the settlement conference so please do not contact that office.
7. 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.
8. A telephonic status conference is set for
, 2009 at
m. for the
purpose of assigning a trial date if the case has not settled.
NOTE: Counsel for Plaintiff shall initiate the conference call by calling this
division at 602-506-1179, with all participating parties and counsel on the line,
at the date and time specified above.
9. 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.
PLEASE NOTE: IMPORTANT INFORMATION RE: CD/VIDEOTAPE
FEE CURRENTLY IN EFFECT
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of a proceeding are available in the Self-Service Centers and
in the JAVS and FTR courtrooms.
If a party wants a court reporter to record a proceeding in this Court, a written request
must be filed at least 48 hours before the commencement of the proceedings.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
01/14/2009
Docket Code 026
Form V000A
Page 4
A person requesting a daily copy CD or videotape must complete the appropriate request
form and pay the applicable fee at the Self-Service Center. Upon payment of the appropriate
fees through the Self-Service Center, a receipt will be issued which shall then be presented to
Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
01/26/2010 — CV2008091292 ASSOCIATION, THE, FOOTHILLS COMMUNITY 01/26/2010 HONORABLE KAREN POTTS View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/28/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
01/26/2010
Docket Code 081
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Scott
Deputy
FOOTHILLS COMMUNITY ASSOCIATION,
THE
CHARLES E MAXWELL
v.
MONTEVINA ESTATE HOMES L L C
MONTEVINA ESTATE HOMES L L C
30610 N 52ND PL
CAVE CREEK AZ 85331
MINUTE ENTRY
Pursuant to the Court’s Bankruptcy stay Minute Entry Order of October 2, 2009,
IT IS ORDERED vacating the Trial Management Conference set on January 29, 2010
at 9:30 a.m. (30 minutes reserved) and vacating the One Day Jury Trial set for February 11,
2010 at 9:00 a.m.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
02/20/2009 — CV2008091292 ASSOCIATION, THE, FOOTHILLS COMMUNITY 02/20/2009 THE HONORABLE LOUIS ARANETA View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/23/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
02/20/2009
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
THE HONORABLE LOUIS ARANETA
M. Brady
Deputy
FOOTHILLS COMMUNITY ASSOCIATION,
THE
CHARLES E MAXWELL
v.
MONTEVINA ESTATE HOMES L L C
SARA R WITTHOFT
MONTEVINA ESTATE HOMES LLC
C/O LARRY S KUSH PRESIDENT
30610 N 52ND PLACE
CAVE CREEK AZ 85331
MINUTE ENTRY
The Court has granted the Motion and has signed the Order Granting Withdrawal of
Counsel for Defendant Montevina Estate Homes, LLC.
The Court has also considered the Motion for Expedited Consideration of Motion to
Extend All Deadlines 45 Days Pending Substitution of Counsel. Good cause appearing,
IT IS ORDERED that the deadline for the parties to file the Joint Pretrial Memorandum
is continued from February 20, 2009 to 5:00 p.m. on March 23, 2009.
IT IS FURTHER ORDERED continuing the Rule 16 Comprehensive Pretrial
Conference from February 27, 2009 to March 27, 2009 at 9:45 a.m.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
02/20/2009
Docket Code 026
Form V000A
Page 2
NOTE: Counsel for Plaintiff shall initiate the conference call by calling this division at
602-506-1179, with all participating parties and counsel on the line, at the date and time
specified above.
03/27/2009 — CV2008091292 ASSOCIATION, THE, FOOTHILLS COMMUNITY 03/27/2009 HON. BARBARA M. JARRETT View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/30/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
03/27/2009
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. BARBARA M. JARRETT
M. Brady
FOR THE HONORABLE LOUIS ARANETA
Deputy
FOOTHILLS COMMUNITY ASSOCIATION,
THE
JEFFREY B CORBEN
v.
MONTEVINA ESTATE HOMES L L C
MONTEVINA ESTATE HOMES L L C
30610 N 52ND PL
CAVE CREEK AZ 85331
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
9:47 a.m. In chambers. This is the time set for telephonic Comprehensive Pretrial
Conference. Jeffrey Corben participates telephonically on behalf of Plaintiff. Defendant is not
present telephonically nor represented by counsel.
A Court Reporter is not present nor is an electronic recording being made of this hearing.
The Court advises Mr. Kush that he cannot represent a corporation, the corporation must
retain counsel to proceed.
IT IS ORDERED as follows:
1. Plaintiff’s final expert disclosure shall be served by July 30, 2009.
2. Defendant’s final expert disclosures shall be exchanged by August 30, 2009.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
03/27/2009
Docket Code 028
Form V000A
Page 2
3. Rebuttal expert disclosures shall be exchanged by October 30, 2009.
4. Final non-expert disclosures shall be exchanged by November 30, 2009.
5. Discovery shall be completed by November 30, 2009.
6. 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
May 30, 2009. The Office of Alternative Dispute Resolution will not do the
scheduling of the settlement conference so please do not contact that office.
7. 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.
8. A telephonic status conference is set for June 26, 2009 at 9:45 a.m. for the
purpose of assigning a trial date if the case has not settled.
NOTE: Counsel for Plaintiff shall initiate the conference call by calling this
division at 602-506-1179, with all participating parties and counsel on the line,
at the date and time specified above.
9. 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.
PLEASE NOTE: IMPORTANT INFORMATION RE: CD/VIDEOTAPE
FEE CURRENTLY IN EFFECT
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
03/27/2009
Docket Code 028
Form V000A
Page 3
date. Forms to request a recording of a proceeding are available in the Self-Service Centers and
in the JAVS and FTR courtrooms.
If a party wants a court reporter to record a proceeding in this Court, a written request
must be filed at least 48 hours before the commencement of the proceedings.
A person requesting a daily copy CD or videotape must complete the appropriate request
form and pay the applicable fee at the Self-Service Center. Upon payment of the appropriate
fees through the Self-Service Center, a receipt will be issued which shall then be presented to
Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
04/20/2010 — CV2008091292 ASSOCIATION, THE, FOOTHILLS COMMUNITY 04/20/2010 HONORABLE KAREN POTTS View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Filed ***
04/22/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
04/20/2010
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Scott
Deputy
FOOTHILLS COMMUNITY ASSOCIATION,
THE
CHARLES E MAXWELL
v.
MONTEVINA ESTATE HOMES L L C
MONTEVINA ESTATE HOMES L L C
30610 N 52ND PL
CAVE CREEK AZ 85331
ORDER OF DISMISSAL
A review of the file in this matter indicates the case was placed on the inactive calendar
for dismissal on March 31, 2010 by minute entry dated October 2, 2009. Accordingly,
IT IS ORDERED dismissing without prejudice any remaining un-adjudicated claims as
to Defendant Montevina Estate Homes LLC only.
DATED this 20th day of April, 2010.
/ s / HONORABLE KAREN POTTS
JUDICIAL OFFICER OF THE SUPERIOR COURT
06/26/2009 — CV2008091292 ASSOCIATION, THE, FOOTHILLS COMMUNITY 06/26/2009 HONORABLE KAREN POTTS View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/29/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
06/26/2009
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Brady
Deputy
FOOTHILLS COMMUNITY ASSOCIATION,
THE
DARON J GAREY
v.
MONTEVINA ESTATE HOMES L L C
MONTEVINA ESTATE HOMES L L C
30610 N 52ND PL
CAVE CREEK AZ 85331
MINUTE ENTRY
The Court having been advised that the settlement conference has been rescheduled to
June 29, 2009,
IT IS ORDERED vacating the telephonic status conference to set a trial date on June 26,
2009 and resetting same to July 13, 2009 at 9:15 a.m.
NOTE: Plaintiff is responsible for initiating the conference call by calling this division at
602-372-1160, with all participating parties and counsel on the line, at the date and time
specified above.
07/13/2009 — CV2008091292 ASSOCIATION, THE, FOOTHILLS COMMUNITY 07/13/2009 HONORABLE KAREN POTTS View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/14/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
07/13/2009
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Brady
Deputy
FOOTHILLS COMMUNITY ASSOCIATION,
THE
CHAD M GALLACHER
v.
MONTEVINA ESTATE HOMES L L C
MONTEVINA ESTATE HOMES L L C
30610 N 52ND PL
CAVE CREEK AZ 85331
MINUTE ENTRY
9:19 a.m. This is the time set for telephonic status conference re: to set a trial date. Chad
Gallacher participates telephonically on behalf of Plaintiff. No one appears on behalf of
Defendants.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The Court notes that Montevina Estate Homes is a corporation and, as such, cannot
represent itself before this Court. Thus, said Defendant shall obtain counsel to represent the
corporation. Failure to file a notice of representation may result in dismissal or Judgment by
default without further notice of the Court.
JURY TRIAL SET
TRIAL MANAGEMENT CONFERENCE SET
IT IS ORDERED:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
07/13/2009
Docket Code 089
Form V000A
Page 2
1.
TRIAL
This matter is set for a Jury Trial on February 11, 2010 at 9:00 a.m. in this Division.
LENGTH OF TRIAL: 1 day
HONORABLE KAREN A. POTTS
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 207
MESA AZ 85210
THIS IS A FIRM TRIAL SETTING
Trial days and hours are as follows: Monday through Thursday from 9:00 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.
MOTIONS
A.
SUBSTANTIVE MOTIONS
All substantive motions, including motions for summary judgment, shall be filed no later
than November 13, 2009.
B.
MOTIONS IN LIMINE
Any and all motions in limine shall be filed no later than December 30, 2009, and shall
be hand-delivered to opposing counsel and the Court. 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 which may compel a mistrial”). See
also, Ariz. R. Evid. 103(c). Written responses to motions in limine shall be filed no later than
January 8, 2010 and hand-delivered to opposing counsel and this Division. Replies shall not be
allowed absent leave of Court. Failure to meet and confer in accordance with Ariz.R.Civ.P.
7.2(a) prior to the filing of any motion in limine may result in sanctions.
The Court will rule on motions in limine without oral argument unless otherwise ordered.
Any motion in limine not timely filed will be deemed waived.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
07/13/2009
Docket Code 089
Form V000A
Page 3
3.
JURY SELECTION
The Court uses the “struck” method for jury selection. The parties will be permitted to
conduct their own voir dire after the Court completes its own voir dire. The purpose of voir dire
is to secure a fair and impartial jury and not to educate the jury as to the legal/factual theories
espoused by a particular party.
4.
TRIAL MANAGEMENT CONFERENCE
A Trial Management Conference is set for January 29, 2010 at 9:30 a.m. (allotted
time: 30 minutes) in this Division. The lead trial counsel for each party is required to attend the
Trial Management Conference. Self-represented litigants are also required to attend. Except as
stated above, parties are not required to attend. Failure of any trial counsel or any self-
represented litigant to attend the Trial Management Conference may result in sanctions.
At the Trial Management Conference, counsel for each party and any self-represented
litigants shall be prepared to discuss:
A.
Length of voir dire, opening statements, examination of witnesses, and
closing arguments.
B.
The number of jurors on the jury panel, and the involvement of the
alternate jurors in deliberation.
C.
Stipulations for the foundation, authenticity, and admission of exhibits.
D.
Preliminary and final jury instructions.
E.
Agreed-upon deposition summaries and excerpts from deposition
transcripts and/or videotaped depositions.
F.
Any special witness scheduling or equipment-related issues.
G.
A brief summary of the case to be read to the jury.
H.
The allocation of trial time per party.
5.
MARKING EXHIBITS FOR TRIAL
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
07/13/2009
Docket Code 089
Form V000A
Page 4
Trial counsel and self-represented litigants (“the parties”) are directed to personally meet
no later than December 14, 2009 to exchange trial exhibits and discuss the exhibits prior to
submitting them to the Court for trial. At this meeting, the parties’ shall attempt to agree on
authenticity, foundation, and admission of the exhibits to shorten the time spent on exhibits
during the trial.
At the time of the Trial Management Conference, the parties shall present to the Clerk of
this Division all exhibits they will be introducing at trial. Counsel shall present all exhibits with a
written list of brief exhibit descriptions to the Clerk. Each exhibit shall 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.
An enlargement may be used for demonstrative purposes, however an 8 ½ x 11 size copy of the
enlargement must be submitted with the other exhibits and will be marked for demonstrative
purposes only. The exhibits will be marked by the Clerk in consecutive order: Plaintiff’s exhibits
will be marked first; Defendant’s exhibits will be marked second. Exhibits are assigned a number
and are not designated as plaintiff’s or defendant’s. Placeholders will not be accepted and exhibit
numbers will not be reserved for exhibits not presented at this time. The parties shall ensure that
there are no duplicate exhibits. Failure to follow the procedure for submitting trial exhibits may
result in the exclusion of that parties’ exhibits at trial.
6.
DEPOSITIONS
To the extent reasonably possible, the content of any deposition a party intends to offer in
evidence shall be either summarized or relevant excerpts of the deposition shall be extracted.
Videotape depositions shall be edited in the same manner. Deposition summaries and excerpts
shall be exchanged by the parties prior to the Trial Management Conference. All deposition
summaries and excerpts shall be provided to the Clerk of this Division at the time of the Trial
Management Conference.
7. WITNESS INFORMATION FORM
Counsel for each party and any self-represented litigant shall meet no later than
January 22, 2010 to complete the Witness Information Form which is attached to this minute
entry. The parties shall set forth the names of each witness and the estimated time required for
direct and cross-examination. Time estimates shall also be set forth for opening statements and
closing arguments. The completed form shall be submitted with the Joint Pretrial Statement. The
Court will rely upon the Witness Information Form to predict the length of the trial for the jurors
and to allocate the time allowed for each party to present its case to the jury.
Attachment: Witness Information Form.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
07/13/2009
Docket Code 089
Form V000A
Page 5
8.
FINAL JOINT PRETRIAL STATEMENT
The Joint Pretrial Statement meeting the requirements of Ariz.R.Civ.P. 16(d)(2)(A)-(K)
shall be delivered to this Division by 5:00 p.m. on January 25, 2010. In addition to the
requirements of Ariz.R.Civ.P. 16(d)(2)(A)-(K), the parties shall submit to the Court:
A.
A statement by each party identifying all expert witnesses, the opinions of
said experts, and a description of the factual/substantive basis for each such opinion.
B.
A CD containing a joint set of agreed-upon preliminary and final jury
instructions in Word format.
C.
CDs containing separate sets of requested instructions that have not been
agreed upon in Word format. (Please consider Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381
(1993) and the RAJI Civil 4d Statement of Purpose and Approach before preparing any request
for non-RAJI instructions.)
D.
Written objections to any jury instructions citing specific authority in
support of said objections.
E.
A completed Witness Information Form.
F.
Any voir dire questions a party seeks to ask during jury selection.
G.
Trial memoranda (optional).
H.
Proposed and compiled juror notebooks.
9:23 a.m. Hearing concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
07/13/2009
Docket Code 089
Form V000A
Page 6
WITNESS INFORMATION FORM
WITNESSES FOR PLAINTIFF(S)
WITNESS NAME
DIRECT AND
REDIRECT
CROSS
1
2
3
4
5
6
DIRECT, REDIRECT & CROSS TOTAL: _________________
WITNESSES FOR DEFENDANT(S)
WITNESS NAME
DIRECT AND
REDIRECT
CROSS
1
2
3
4
5
6
DIRECT, REDIRECT & CROSS TOTAL: _______________
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
07/13/2009
Docket Code 089
Form V000A
Page 7
TOTAL WITNESS TIME ESTIMATE: ___________________________
TIME ESTIMATE FOR:
PLAINTIFF
DEFENDANT
OPENING STATEMENT
CLOSING ARGUMENT
1st:
2nd:
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. Persons requesting copies of recorded proceedings do not have to
provide blank CDs. All CDs will be provided by the Court, regardless of when the copies are
made. A fee of $20.00 will apply to all copies requested, either on the day of the hearing or for
hearings recorded on an earlier date. Counsel or litigants must complete the appropriate request
form which may be obtained from the Self-Service Center or from Court staff and present the
completed form to the Self-Service Center. All fees must be handled through the Self-Service
Center. Upon payment of the appropriate fees through the Self-Service Center, a receipt will be
issued which shall then be presented to Court staff for preparation of the CD.
10/02/2009 — CV2008091292 ASSOCIATION, THE, FOOTHILLS COMMUNITY 10/02/2009 HONORABLE KAREN POTTS View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/05/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
10/02/2009
Docket Code 314
Form V314A
Page 1
CLERK OF THE COURT
HONORABLE KAREN POTTS
M. Brady
Deputy
FOOTHILLS COMMUNITY ASSOCIATION,
THE
CHARLES E MAXWELL
v.
MONTEVINA ESTATE HOMES L L C
THOMAS E LITTLER
BANKRUPTCY FILED
The Court has received notification that a petition under the Bankruptcy Code has been
filed by Defendant Montevina Estate Homes LLC (debtor) in case number 2:09-bk-18617-GBN
filed on August 5, 2009.
IT IS ORDERED placing this case/claim(s) on the Inactive Calendar until March 31,
2010 as to Defendant Montevina Estate Homes LLC (debtor).
This case will be dismissed on March 31, 2010 unless prior to the scheduled dismissal
date plaintiff demonstrates (1) they have moved to lift the stay but the request has not been ruled
upon or has been denied; or (2) they have sought to reduce the claim(s) against the debtor to
judgment in the Bankruptcy Court in an adversary proceeding and the adversary proceeding has
not yet been resolved despite diligence in seeking such a resolution; or (3) they have obtained
severance of the claim(s) against the debtor from the claim(s) against the other parties to the
action, if any; or (4) they have demonstrated a reasonable basis for continuance of the case on the
inactive calendar.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-091292
10/02/2009
Docket Code 314
Form V314A
Page 2
Any party may ask the Court to schedule an informal status conference before the 180-
day period expires to inform the Court what action, if any, is undertaken in the Bankruptcy Court
that would permit this case to proceed.
Documents
Type
Title
Content Type
Size
Source
minute_entry_pdf
CV2008091292 ASSOCIATION, THE, FOOTHILLS COMMUNITY 01/14/2009 THE HONORABLE LOUIS ARANETA View Minute Entry