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Maricopa County Superior Court Case CV2008-013449: public docket details, parties, minute entries, documents, and official source links for Terravita Community Association Inc.

Case Number

CV2008-013449

County

Maricopa

Caption

Not captured

Filed

6/6/2008

Case Type

Civil

Judge

Pineda, Susanna

Location

Northeast

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/05/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
05/04/2009
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
D. Whitford
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
DENISE O'ROURKE
COMPREHENSIVE PRETRIAL CONFERENCE SET
The Court having received Plaintiffs’ Motion to Set and Certificate of Readiness,
IT IS ORDERED setting a telephonic Comprehensive Pretrial Conference for July 6,
2009 at 9:30 a.m., with Plaintiff to initiate call to this Division, telephone number 602-506-
2139.
Suggestions to conference call attendees calling from outside the court system:
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
05/04/2009
Docket Code 041
Form V000A
Page 2
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 discovery and
disclosure order, required below. If the dates are mutually agreeable to all parties, then the
parties may incorporate the order by reference. The Court may set a trial date and a trial
management conference date at that time.
Court’s Policy: Counsel are advised that trial will not be set any sooner than 90 days
after the deadline for dispositive motions. Once a trial date has been set, the Court will not
entertain any requests for any continuance, not even with a stipulation, nor will discovery and
other deadlines be extended.
The Court may also adopt the discovery and disclosure schedule order and set a
scheduling conference after the completion of disclosures or the Court may place the matter back
on the Inactive Calendar for a period of time for counsel to complete the requirements under
Rule 38.11. If counsel feel a pretrial conference is still 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.
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, 5 days prior to the Pre-Trial Conference, a
Joint Pretrial Memorandum, and prepare a proposed order for Discovery and Disclosure
deadlines with dates certain. The proposed order shall include dates certain for the following
items.
1.
An agreed-upon schedule for completion of non-expert depositions. As far as
can reasonably be anticipated, each party shall set forth the depositions they
anticipate taking and the approximate time required for each; any and all medical
examinations which may be required of any of the parties; the person or persons
to conduct such examinations; all requests for production; and all tangible
evidence to be disclosed or exchanged.

1 The Court will strictly enforce Rule 38.1(a)(3)(I) and Local Rule 3.4.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
05/04/2009
Docket Code 041
Form V000A
Page 3
2.
A date for the final disclosure of expert witnesses, and/or to supplement
disclosures made to date.
3.
A date or dates for the final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.
4.
A date by which all written discovery will be propounded and concluded. Further,
counsel shall set forth any written discovery outstanding and a date when it will be
complete.
5.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.
6.
A proposed date for a Mandatory Settlement Conference pursuant to Rule 16.1
A.R.C.P.
7.
An agreed-upon date for compliance with Rule 16(d). The parties shall attach a
copy of the Rule 16(g) form so the Court can issue the appropriate order for
Alternate Dispute Resolution.
8.
Set forth any discovery disputes to date or Rule 26.1 compliance issues.
9.
A date for completion of all discovery, including expert discovery.
10.
A date by which all dispositive or partially-dispositive motions shall be filed.
11.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
If the parties agree as to the dates, they need only prepare the proposed order and
incorporate it by reference. If counsel are unable to agree on any of the items of the Pretrial
Statement, the reasons for their inability to agree shall be set forth in the Pretrial Statement and
each shall prepare a separate proposed order.
IT IS FURTHER ORDERED that should any discovery disputes arise, counsel shall
MEET AND CONFER pursuant to Rule 37, then telephonically contact the Court to set up a
telephonic conference before any motions are filed.
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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
05/04/2009
Docket Code 041
Form V000A
Page 4
is not to discourage extensions as a matter of professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.
Any dispositive motions must be filed within 90 days of trial. Any motions in limine must
be filed within 30 days of trial.
NOTE: The parties are advised that failure to appear at a hearing may result in sanctions,
including a Default Judgment.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/09/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
07/06/2009
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
M. Sahli
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
DENISE O'ROURKE
MINUTE ENTRY
9:32 a.m. In chambers. This is the time set for Telephonic Comprehensive Pretrial
Conference. All parties appear telephonically. Plaintiffs are represented by counsel, Jack
Levine. Defendant Terravita Community Association is represented by counsel, Robert Grasso.
Defendant Terravita Golf Club is represented by counsel, Denise O’Rourke.
Court reporter, Judie Bryant is present.
Court and counsel discuss the status of the case.
IT IS ORDERED adopting the discovery deadlines as set forth in the Joint Pre-Trial
Statement filed June 25, 2009.
Defendant Terravita Golf Club has not yet given authority for private mediation.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
07/06/2009
Docket Code 028
Form V000A
Page 2
IT IS ORDERED setting a telephonic Status Conference re private mediation for
July 20, 2009 at 9:45 a.m. with Plaintiff to initiate call to this Division, telephone number 602-
506-2139.
IT IS FURTHER ORDERED that 3 days prior to the Status Conference, the parties
shall submit a written Joint Notice of Statement of the Case indicating the following:
•
The status of the case;
•
Compliance with the Court’s deadlines,
•
Issue(s) that they have resolved; and
•
Any problems or motions to address.
NOTE: Counsel are directed to provide the Court with a hard copy of the Notice as well as
any document efiled that exceeds a 10-page limit.
Suggestions to conference call attendees calling from outside the court system:
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.
Counsel are advised that the Court is available to discuss, by joint telephone call,
discovery disputes or any other matter that may impact the parties’ ability to resolve this case in
a just, speedy, and inexpensive manner. See Rule 1, Ariz.R.Civ.P.
With respect to discovery disputes, counsel are also advised that, as the Court interprets
Civil Rule 37(a)(2)(c), an exchange of correspondence between counsel is not sufficient to
satisfy the “personal consultation” requirement of the Rule, except in extraordinary
circumstances. At a minimum, counsel must speak to each other by telephone to attempt to
resolve the dispute in good faith before involving the Court.
9:35 a.m. Matter concludes.
NOTE: The parties are advised that failure to appear at a hearing may result in sanctions,
including a Default Judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
07/06/2009
Docket Code 028
Form V000A
Page 3
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/24/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
07/20/2009
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
L. Firriello
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
DENISE O'ROURKE
STATUS CONFERENCE SET
IN CHAMBERS
9:45a.m. This is the time set for a Telephonic Status Conference. Plaintiffs are
represented by counsel Richard A. Kasper. Defendant Terravita Community Association, Inc. is
represented by counsel Kim Alvarado. Defendant Terravita Golf Club, Inc. is represented by
counsel Denise O’Rourke. All parties appear telephonically.
Court reporter, Michael Babicky, is present.
The case status is discussed.
IT IS ORDERED a Joint Pre-Trial Statement shall be filed by December 31, 1009.
Counsel advise the Court that they will use a private mediator.
IT IS FURTHER ORDERED that counsel confer and select a mediator and contact that
mediator by September 2, 2009 to schedule an appointment for mediation.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
07/20/2009
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED that if the parties are unable to agree on a mediator, each
side shall select two names, then each party may strike one name from the other’s list, after
which time Plaintiffs counsel shall list the remaining names in alphabetical order with no
reference to who proposed the names and submit the list to the Court, and the Court will make
the final selection.
All parties concerned with this lawsuit, counsel and those with authority on behalf of the
parties must PERSONALLY appear at the settlement conference and participate in good faith,
unless the mediator, in his discretion, allows a telephonic appearance.
IT IS FURTHER ORDERED that, if practicable, the appointed Judge Pro Tem shall
deliver copy of Civil Settlement Conference Report to the Judge’s chambers for an in camera
review two days after the conference. The Civil Settlement Conference Report shall not be filed
and shall not be disseminated to the parties.
IT IS FURTHER ORDERED setting a Telephonic Status Conference for October 20,
2009 at 9:00 a.m. with Plaintiff to initiate call to this Division, telephone number 602-506-
2139.
Suggestions to conference call attendees calling from outside the court system:
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.
IT IS FURTHER ORDERED that 3 days prior to the Status Conference, the parties
shall submit a written Joint Notice of Statement of the Case indicating the following:
•
The status of the case;
•
Compliance with the Court’s deadlines,
•
Issue(s) that they have resolved; and
•
Any problems or motions to address.
9:50 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
07/20/2009
Docket Code 028
Form V000A
Page 3
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/25/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
07/24/2008
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Sahli
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
JUDGE DUNEVANT
JUDGE HICKS
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Thomas Dunevant. A Notice of
Change of Judge has been filed by Plaintiff. The case was transferred to the Presiding Civil
Judge for reassignment.
IT IS ORDERED that this case be assigned to Civil Calendar CVJ12, the Honorable
Bethany Hicks, for all further proceedings. If any objections to the Notice of Change of Judge
are filed, the noticed judge retains jurisdiction to hear and decide the objections. Any objections
must be filed and a copy delivered to the noticed judge within twenty days of the date of this
order.
Pending:
⋅Defendant’s Motion to Dismiss

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/05/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
09/03/2008
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
D. Whitford
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument for October 2, 2008 at 11:00 a.m. in this
division on the following motion:
•
Defendant Terravita’s Motion to Dismiss
Judge BETHANY G. HICKS
Maricopa County Superior Court
East Court Building
101 W. Jefferson, Courtroom 811
Phoenix, Arizona 85003
(602) 506-2139
Counsel’s arguments are limited to five (5) minutes per side. If additional time is requested,
counsel shall contact the Court.
Unless otherwise advised by the Court at oral argument, the parties should assume that
the Court has reviewed the parties’ memoranda. Accordingly, the parties should be prepared to
focus on the key issues in dispute and to answer questions from the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
09/03/2008
Docket Code 094
Form V000A
Page 2
If the parties’ Motions contain citations to out-of-state cases, that party shall
provide the Court with copies of those cases.
NOTE: The parties are advised that failure to appear at a hearing may result in sanctions,
including a Default Judgment.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/06/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
10/02/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
D. Whitford
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
DENISE O'ROURKE
JAMIE HELLER
GRASSO LAW FIRM, PC
4600 S MILL AVE, SUITE 125
TEMPE AZ 85282-0001
ORAL ARGUMENT
MATTER TAKEN UNDER ADVISEMENT
LATER: RULING
11:05 a.m. This is the time set for Oral Argument on Defendant Terravita Golf Club,
Inc’s Motion to Dismiss. Plaintiffs are represented by counsel Richard Kasper. Defendant
Terravita Community Association, Inc. is represented by counsel Jamie Heller. Defendant
Terravita Golf Club, Inc. is represented by counsel Denise O’Rourke.
Court reporter, Michael Babicky, is present.
Oral argument having been presented,
IT IS ORDERED taking Defendant Terravita Golf Club, Inc’s Motion to Dismiss under
advisement.
11:19 a.m. Oral argument concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
10/02/2008
Docket Code 019
Form V000A
Page 2
LATER:
After due consideration, the Court Denies Terravita Golf Club, Inc.’s Motion to Dismiss
for reasons stated on the record.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/26/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
10/20/2009
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
M. Sahli
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
DENISE O'ROURKE
MINUTE ENTRY
9:20 a.m. In chambers. This is the time set for Telephonic Status Conference. All
parties appear telephonically. Plaintiff is represented by counsel, Richard Kasper. Defendant
Terravita Community Association is represented by counsel, Robert Grasso. Defendant
Terravita Golf Club is represented by counsel, Denise O’Rourke.
Court reporter, Michael Babicky is present.
Court and counsel discuss the status of the case.
IT IS ORDERED setting a telephonic Status Conference for November 24, 2009 at
9:45 a.m. with Plaintiff to initiate call to this Division, telephone number 602-506-2139.
IT IS FURTHER ORDERED that 3 days prior to the Status Conference, the parties
shall submit a written Joint Notice of Statement of the Case indicating the following:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
10/20/2009
Docket Code 028
Form V000A
Page 2
•
The status of the case;
•
Compliance with the Court’s deadlines,
•
Issue(s) that they have resolved; and
•
Any problems or motions to address.
NOTE: Counsel are directed to provide the Court with a hard copy of the Notice as well as
any document efiled that exceeds a 10-page limit.
Suggestions to conference call attendees calling from outside the court system:
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.
Counsel are advised that the Court is available to discuss, by joint telephone call,
discovery disputes or any other matter that may impact the parties’ ability to resolve this case in
a just, speedy, and inexpensive manner. See Rule 1, Ariz.R.Civ.P.
With respect to discovery disputes, counsel are also advised that, as the Court interprets
Civil Rule 37(a)(2)(c), an exchange of correspondence between counsel is not sufficient to
satisfy the “personal consultation” requirement of the Rule, except in extraordinary
circumstances. At a minimum, counsel must speak to each other by telephone to attempt to
resolve the dispute in good faith before involving the Court.
9:22 am. Matter concludes.
NOTE: The parties are advised that failure to appear at a hearing may result in sanctions,
including a Default Judgment.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/19/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
11/18/2009
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
C. Saunders
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
DENISE O'ROURKE
JUDGE HICKS
JUDGE LINDA MILES
MINUTE ENTRY
This case is currently assigned to the Honorable Judge Bethany Hicks at the East Court
Building at 101 W. Jefferson, Phoenix, AZ 85003.
Court Administration having identified this calendar for reassignment, accordingly,
IT IS ORDERED that effective December 1, 2009, this case be reassigned to the
Honorable Linda H. Miles at the Northeast Regional Court Center at 18380 N. 40th Street,
Phoenix, AZ 85032.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/01/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
11/24/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
M. Sahli
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
DENISE O'ROURKE
COURT ADMIN-CIVIL-CCC
DOCKET-CIVIL-CCC
JUDGE LINDA MILES
MINUTE ENTRY
9:45 a.m. In chambers. This is the time set for Telephonic Status Conference. All
parties appear telephonically. Plaintiffs are represented by counsel, Richard Kasper. Defendant
Terravita Community Association is represented by counsel, Kim Alvarado. Defendant
Terravita Golf Club is represented by counsel, Denise O’Rourke.
Court reporter, Michael Babicky is present.
Counsel inform the Court that a settlement has been reached in this case and that a
Stipulation to Dismiss will be filed with the Court. Counsel are requested to present an Order of
Dismissal for the Court’s signature.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
11/24/2009
Docket Code 023
Form V000A
Page 2
Pursuant to that representation of counsel,
IT IS ORDERED vacating the minute entry order of November 18, 2009 reassigning
this case to the Honorable Linda Miles.
IT IS FURTHER ORDERED this Court will maintain jurisdiction pending final
disposition of the case.
IT IS ORDERED setting a telephonic Status Conference for December 18, 2009 at
11:30 a.m. with Plaintiff to initiate call to this Division, telephone number 602-506-2139.
IT IS FURTHER ORDERED that 3 days prior to the Status Conference, the parties
shall submit a written Joint Notice of Statement of the Case indicating the following:
•
The status of the case;
•
Compliance with the Court’s deadlines,
•
Issue(s) that they have resolved; and
•
Any problems or motions to address.
NOTE: Counsel are directed to provide the Court with a hard copy of the Notice as well as
any document efiled that exceeds a 10-page limit.
Suggestions to conference call attendees calling from outside the court system:
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.
Counsel are advised that the Court is available to discuss, by joint telephone call,
discovery disputes or any other matter that may impact the parties’ ability to resolve this case in
a just, speedy, and inexpensive manner. See Rule 1, Ariz.R.Civ.P.
With respect to discovery disputes, counsel are also advised that, as the Court interprets
Civil Rule 37(a)(2)(c), an exchange of correspondence between counsel is not sufficient to
satisfy the “personal consultation” requirement of the Rule, except in extraordinary

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
11/24/2009
Docket Code 023
Form V000A
Page 3
circumstances. At a minimum, counsel must speak to each other by telephone to attempt to
resolve the dispute in good faith before involving the Court.
9:47 a.m. Matter concludes.
NOTE: The parties are advised that failure to appear at a hearing may result in sanctions,
including a Default Judgment.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Filed ***
12/16/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
12/11/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
M. Sahli
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
DENISE O'ROURKE
COURT ADMIN-CIVIL-CCC
JUDGE LINDA MILES
MINUTE ENTRY
On November 18, 2009, this matter was transferred to the Honorable Linda Miles by
minute entry order. On November 18, 2009 the parties filed a Notice of Settlement in this
matter.
The parties participated in a Telephonic Status Conference before this Court which was
set by minute entry order on October 26, 2009. Pursuant to agreement of the parties,
IT IS ORDERED vacating transfer of this case to the Honorable Linda Miles and
retaining this matter in this division for final resolution including entry of Final Judgment.
/s/Bethany G. Hicks
________________________________
HONORABLE BETHANY G. HICKS
JUDGE OF THE SUPERIOR COURT
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/30/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
12/29/2009
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
M. Sahli
Deputy
JEAN PISERCHIA, et al.
RICHARD A KASPER
v.
TERRAVITA COMMUNITY ASSOCIATION
INC, et al.
ROBERT GRASSO JR.
DENISE O'ROURKE
MINUTE ENTRY
On the Court’s own Motion,
IT IS ORDERED vacating Telephonic Status Conference set for December 18, 2009
and resetting same to February 22, 2010 at 9:30 a.m. with Plaintiff to initiate call to this
Division, telephone number 602-506-2139.
IT IS FURTHER ORDERED that 3 days prior to the Status Conference, the parties
shall submit a written Joint Notice of Statement of the Case indicating the following:
•
The status of the case;
•
Compliance with the Court’s deadlines,
•
Issue(s) that they have resolved; and
•
Any problems or motions to address.
NOTE: Counsel are directed to provide the Court with a hard copy of the Notice as well as
any document efiled that exceeds a 10-page limit.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-013449
12/29/2009
Docket Code 083
Form V000A
Page 2
Suggestions to conference call attendees calling from outside the court system:
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.
Counsel are advised that the Court is available to discuss, by joint telephone call,
discovery disputes or any other matter that may impact the parties’ ability to resolve this case in
a just, speedy, and inexpensive manner. See Rule 1, Ariz.R.Civ.P.
With respect to discovery disputes, counsel are also advised that, as the Court interprets
Civil Rule 37(a)(2)(c), an exchange of correspondence between counsel is not sufficient to
satisfy the “personal consultation” requirement of the Rule, except in extraordinary
circumstances. At a minimum, counsel must speak to each other by telephone to attempt to
resolve the dispute in good faith before involving the Court.
NOTE: The parties are advised that failure to appear at a hearing may result in sanctions,
including a Default Judgment.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

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