02/28/2020 — CV2019010849 ASSOCIATION, ALBROOK CONDOMINIUM 02/28/2020 HON. ROSA MROZ View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
03/02/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
02/28/2020
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi
Deputy
SINGH ROOFING L L C
WILLIAM MORRIS FISCHBACH III
v.
ALBROOK CONDOMINIUM ASSOCIATION
BRADLEY R JARDINE
JUDGE MROZ
MINUTE ENTRY
Pursuant to the parties’ Scheduling Order granted by the Court,
IT IS ORDERED setting a Telephonic Trial Setting Conference for the purpose of
assigning a trial date on March 9, 2021 at 9:00 a.m. (15 minutes allotted) in this division, before:
HONORABLE JUDGE ROSA MROZ
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0384
Counsel/parties shall have their trial calendars available for the conference.
Counsel shall consider the following in advising the Court how many days are
necessary for trial. Trial is held from 9:30 a.m. to 4:30 p.m., Mondays through Thursdays.
Each trial day is budgeted to be 4.5 hours of actual in court time, exclusive of breaks and
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
02/28/2020
Docket Code 041
Form V000A
Page 2
bench conferences. The Court reserves for itself 4.5 hours for the Court to do its portion of
voir dire, read preliminary and final jury instructions, and for jury deliberations. The
parties will then be splitting the remaining time for each party's portion of voir dire, opening
statements, witness examinations, and closing arguments. The Court uses a timer to keep
track of your time. When you are out of time, you are out of words.
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division’s courtroom directly at (602) 506-5518 at the scheduled time.
PRETRIAL ORDERS
The Court having been assigned to this case, the parties shall make note of the pretrial
orders identified below. To the extent that the orders are inconsistent with any order that has been
entered in this matter, including any scheduling order, this minute entry controls and the
inconsistent language in any such previous order is vacated.
Discovery Disputes:
The Court follows the procedure set forth in Rule 26(d) in resolving discovery disputes.
Motion Practice:
Do not combine pleadings. (Responses, replies, cross motions, etc., should each be filed
as a separate pleading).
A proposed order/judgment must be attached as a Word doc. using the proper turbo court
code. All stipulations, joint scheduling reports, unopposed motions, etc., MUST contain a
proposed order. If your system is not allowing you to attach a Word order, you must email this
division a copy to Stephanie Pham at [email protected] and she can attach
it on our end.
ALL motions are held for a briefing period. If you need a determination sooner than a
normal briefing period would allow, please do the following: 1. Speak with opposing counsel to
make certain if they have an objection. If there is no objection, file a stipulation. 2. E-file the
motion and email the filed document in Word format to the judicial assistant and opposing counsel.
3. Indicate that you are asking for a shortened briefing schedule and when you need a ruling. 4.
The Court will review your request and email all parties with a briefing schedule if necessary.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
02/28/2020
Docket Code 041
Form V000A
Page 3
If the parties have agreed to an extension of time for filing responses/replies, email my
judicial assistant regarding the agreement. Otherwise, the Court may assume that no
responses/replies will be filed and rule without the benefit of the response/reply.
Motions in Limine:
The granting or denial of a motion in limine turns on whether the admission of evidence
reaches the level of reversible error or a mistrial. Motions in limine are not granted “except upon
a clear showing of non-admissibility.” The parties shall not file motions denominated as “in
limine” that are, in substance, late-filed motions for summary judgment.
1. Page Limit and Format: Neither the motion in limine nor the response may exceed
three pages, including the caption. Showing that the motion has merit should not require more
than that. Motions in limine shall be consecutively numbered in the caption identifying the party
filing it and the subject of the motion; e.g. “Defendant’s Motion in Limine No. 1 Re: Insurance
Agreement,” and shall deal with one discrete subject per motion. Do not respond to more than one
motion in limine in each response.
Any motion in limine or response to such a motion should begin with a simple declarative
sentence that identifies the evidence that is the subject of the motion, with the understanding that
the broader the scope of the evidence to be excluded, the less likely it is that a motion in limine
will be granted. The remainder of the motion or response should then explain why a mistrial or
reversible error would or would not result if the motion is denied, with citations to authority that
have reached the same conclusion in the same or similar circumstances (this also applies to motions
in limine based on any failure to disclose, keeping in mind that nondisclosure implicates Ariz. R.
Civ. P. 37(c)). If the motion is unable to explain why its denial would result in a mistrial or
reversible error, the remainder should then demonstrate persuasively what efficiency, economy, or
other benefit is to be gained by granting the motion.
2. Rule 7.2: Motions in limine shall be filed in accordance with Ariz.R.Civ.P. 7.2. Prior
to filing any motion in limine, the parties through counsel must meet and confer to attempt to
resolve issues to be raised by such motions, and any motions in limine must include a certification
that counsel have so conferred.
3. Deadlines: The deadline for motions in limine is 30 days before the final pretrial
management conference. In both instances, responses must be filed 15 days after service, and no
replies should be filed unless requested.
4. Under Advisement: Although motions in limine will be considered as quickly as the
court’s schedule permits, they will not be taken under advisement any sooner than 15 days before
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
02/28/2020
Docket Code 041
Form V000A
Page 4
the start of the trial, regardless of when they are filed. If the parties believe that a ruling on such a
motion early in the case will facilitate settlement, they should notify this division (by telephone at
(602) 372-0384 or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.
Daubert Motions:
The deadline for any motion brought for a Daubert hearing or brought under Ariz.R.Evid.
702, is the same as the dispositive motion deadline. Failure to file such a motion by this date shall
constitute a waiver of (1) any objection that the expert is not qualified to render expert testimony,
and/or (2) any objection that any opinion of the expert should be excluded under Ariz.R.Evid. 702.
Miscellaneous Issues:
All court proceedings are recorded digitally and not by a court reporter. Pursuant to Local
Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter is not
mandated by Arizona Supreme Court Rule 30, the party must submit a written request to the
assigned judicial officer at least ten (10) judicial days in advance of the hearing, and must pay the
authorized fee to the Clerk of the Court at least two (2) judicial days before the proceeding. The
fee is $140 for up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.
Should you want an unofficial copy of the proceedings, the parties or counsel may request
a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form 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 the fee
and present both the receipt and the form to the bailiff. For copies of hearings or trial
proceedings recorded previously, please call Electronic Records Services at 602-506-7100.
Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.
Oral Argument/Trial time will be divided between Plaintiff and Defendant. “When you
are out of time, you are out of words.”
If you are not familiar with this division’s electronic equipment, please make an
appointment
with
the
courtroom
assistant,
Markus
Taylor,
via
email
at
[email protected] to test the equipment at least one week prior to your
hearing. This court is an e-courtroom.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
02/28/2020
Docket Code 041
Form V000A
Page 5
Preferred communication with this division is via email to the judicial assistant, Stephanie
Pham, at [email protected]. We are able to respond much quicker to an
email. Please make sure you endorse all parties involved in the case.
All inquiries regarding exhibit procedures should be directed to this division’s courtroom
clerk, Diana Charbagi, at [email protected] or at (602) 506-8806.
Please take the time to review the full protocol for Judge Mroz on the Maricopa County
Superior Court website.
07/27/2020 — CV2019010849 ASSOCIATION, ALBROOK CONDOMINIUM 07/27/2020 HONORABLE RANDALL H. WARNER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
07/29/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
07/27/2020
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
D. Charbagi
Deputy
SINGH ROOFING L L C
WILLIAM MORRIS FISCHBACH III
v.
ALBROOK CONDOMINIUM ASSOCIATION
BRADLEY R JARDINE
JUDGE WARNER
MINUTE ENTRY
The court having entered a First Amended Scheduling Order,
IT IS ORDERED vacating the telephonic trial-setting conference set on March 9, 2021
and resetting to same on April 19, 2021 at 9:00 a.m. (time allotted: 15 minutes) in this division
for the purpose of setting trial, if the case is ready to set trial. Plaintiff’s counsel shall initiate the
conference call to this division at 602-372-2966. All persons appearing shall appear on land lines
and not on cellular phones, and shall not use the speakerphone features of their telephones, in order
to maximize all participants’ ability to hear and be heard. Counsel shall have their calendars
available for this proceeding.
IT IS FURTHER ORDERED that, no less than five days before the conference set above,
the parties shall file a joint status report containing (1) a very brief description of the case; (2) a
statement of the status of discovery and other pertinent matters; (3) a list of pending motions or
other matters, whether at issue or not; (4) the status of alternative dispute resolution; (5) when the
parties anticipate the case will be ready for trial; and (6) how many trial days the parties estimate
will be needed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
07/27/2020
Docket Code 083
Form V000A
Page 2
NOTE: All court proceedings are recorded digitally and not by a court reporter. Pursuant
to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter
is not mandated by Arizona Supreme Court Rule 30, the party must submit a written request to the
assigned judicial officer at least ten (10) judicial days in advance of the hearing, and must pay the
authorized fee to the Clerk of the Court at least two (2) judicial days before the proceeding. The
fee is $140 for a half-day and $280 for a full day.
The parties are encouraged to view Judge Warner’s online profile of the Superior
Court’s website for additional information on appearing before Judge Warner.
11/09/2020 — CV2019010849 ASSOCIATION, ALBROOK CONDOMINIUM 11/09/2020 HONORABLE RANDALL H. WARNER View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
11/10/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
11/09/2020
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
C. Ladden
Deputy
SINGH ROOFING L L C
WILLIAM MORRIS FISCHBACH III
v.
ALBROOK CONDOMINIUM ASSOCIATION
BRADLEY R JARDINE
MICHAEL THAL
JUDGE WARNER
MINUTE ENTRY
Pursuant to the Third Amended Scheduling Order electronically signed by the court on
November 9, 2020 and entered (filed) by the clerk on November 10, 2020,
IT IS ORDERED vacating the Telephonic Trial Setting Conference set for April 19,
2021 and resetting same to June 22, 2021 at 9:00 a.m. (time allotted: 15 minutes) in this
division in this division for the purpose of setting trial, if the case is ready to set trial. Plaintiff’s
counsel shall initiate the conference call to this division at 602-372-2966. All persons appearing
shall appear on land lines and not on cellular phones, and shall not use the speakerphone features
of their telephones, in order to maximize all participants’ ability to hear and be heard. Counsel
shall have their calendars available for this proceeding.
IT IS FURTHER ORDERED that, no less than five days before the conference set
above, the parties shall file a joint status report containing (1) a very brief description of the case;
(2) a statement of the status of discovery and other pertinent matters; (3) a list of pending
motions or other matters, whether at issue or not; (4) the status of alternative dispute resolution;
(5) when the parties anticipate the case will be ready for trial; and (6) how many trial days the
parties estimate will be needed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
11/09/2020
Docket Code 083
Form V000A
Page 2
NOTE: All court proceedings are recorded digitally and not by a court reporter. Pursuant
to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter
is not mandated by Arizona Supreme Court Rule 30, the party must submit a written request to
the assigned judicial officer at least ten (10) judicial days in advance of the hearing, and must
pay the authorized fee to the Clerk of the Court at least two (2) judicial days before the
proceeding. The fee is $140 for a half-day and $280 for a full day.
The parties are encouraged to view Judge Warner’s online profile of the Superior
Court’s website for additional information on appearing before Judge Warner.
NOTE: Due to the spread of COVID-19, the Arizona Supreme Court Administrative
Order 2020-79 requires all individuals entering a court facility to wear a mask or face covering at
all times they are in the court facility. With limited exceptions, the court will not provide masks
or face coverings. Therefore, any individual attempting to enter the court facility must have an
appropriate mask or face covering to be allowed entry to the court facility. Any person who
refuses to wear a mask or face covering as directed will be denied entrance to the court facility or
asked to leave. In addition, all individuals entering a court facility will be subject to a health
screening protocol. Any person who does not pass the health screening protocol will be denied
entrance to the court facility.
11/23/2020 — CV2019010849 ASSOCIATION, ALBROOK CONDOMINIUM 11/23/2020 HONORABLE RANDALL H. WARNER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
11/25/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
11/23/2020
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RANDALL H. WARNER
C. Ladden
Deputy
SINGH ROOFING L L C
MICHAEL THAL
v.
ALBROOK CONDOMINIUM ASSOCIATION
BRADLEY R JARDINE
COURT ADMIN-CIVIL-ARB DESK
JUDGE WARNER
MINUTE ENTRY
Before the court is Defendant’s November 20, 2020 Notice of Settlement.
IT IS ORDERED setting this matter for dismissal on January 22, 2021. Unless a
stipulated judgment or a stipulation for dismissal, along with a proposed form of order, is
submitted to the court before that date, or the court otherwise extends the deadline for good
cause shown, all remaining claims and parties will be dismissed.
IT IS FURTHER ORDERED any pending motions are hereby deemed moot.
IT IS FURTHER ORDERED vacating the Telephonic Trial Setting Conference set on
June 22, 2021 at 9:00 a.m. in this division.
NOTE: Due to the spread of COVID-19, the Arizona Supreme Court Administrative
Order 2020-79 requires all individuals entering a court facility to wear a mask or face covering at
all times they are in the court facility. With limited exceptions, the court will not provide masks
or face coverings. Therefore, any individual attempting to enter the court facility must have an
appropriate mask or face covering to be allowed entry to the court facility. Any person who
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-010849
11/23/2020
Docket Code 375
Form V000A
Page 2
refuses to wear a mask or face covering as directed will be denied entrance to the court facility or
asked to leave. In addition, all individuals entering a court facility will be subject to a health
screening protocol. Any person who does not pass the health screening protocol will be denied
entrance to the court facility.
