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Maricopa County Superior Court Case CV2023-012376: public docket details, parties, minute entries, documents, and official source links for Colony Biltmore-Greens Homeowners Association Inc.

Case Number

CV2023-012376

County

Maricopa

Caption

Not captured

Filed

8/15/2023

Case Type

Civil

Judge

Kreamer, Joseph

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Clerk of the Superior Court

*** Electronically Filed ***

01/30/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

01/28/2025

Docket Code 004
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

BEARDSLEY HOLDINGS INC, et al.
DANIEL P BEEKS

v.

COLONY BILTMORE-GREENS
HOMEOWNERS ASSOCIATION INC, et al.
JOHN T CROTTY

JUDGE HANNAH

MINUTE ENTRY

East Court Building – Courtroom 811

8:48 a.m. This is the time set for a virtual Trial Setting Conference. Plaintiffs, Beardsley
Holdings, Inc. and INBS, Inc., are represented by counsel, Daniel P. Beeks. Defendant, Colony
Biltmore-Greens Homeowners Association, is represented by counsel, John T. Crotty. All parties
appear virtually.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding status and settlement efforts.

For the reasons as stated on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

01/28/2025

Docket Code 004
Form V000A
Page 2

IT IS ORDERED continuing this Trial Setting Conference to June 4, 2025 at 8:45 a.m.
(time allotted: 15 minutes) in this division.

IT IS FURTHER ORDERED if the parties are not able to resolve this matter on their
own, they must participate in either a private mediation or settlement conference. If the parties
would like to be referred to ADR for a settlement conference, they are directed to contact the Court.

The Court reminds the parties that ADR requires a 100-day lead time for setting a
settlement conference.

8:53 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

03/10/2026 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

03/06/2026

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
S. Torres/C. Ladden

Deputy

BEARDSLEY HOLDINGS INC, et al.
DANIEL P BEEKS

v.

COLONY BILTMORE-GREENS
HOMEOWNERS ASSOCIATION INC, et al.
JOHN T CROTTY

JUDGE KREAMER

DISMISSAL CALENDAR

The Court has read Defendants Notice of Settlement filed on March 5, 2026. Based on the
Notice of Settlement,

IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal without
further notice on or after May 4, 2026, if the parties have neither filed a stipulation to dismiss nor
asked to have the case restored to the active calendar.

IT IS FURTHER ORDERED vacating the Pre-Trial Conference-Trial Management
Conference on March 6, 2026, at 10:30 a.m.

IT IS FURTHER ORDERED vacating Jury Review on April 3, 2026, at 1:30 p.m.

IT IS FURTHER ORDERED vacating Jury Trial on April 4, 2026, at 9:00 a.m.

Clerk of the Superior Court

*** Electronically Filed ***

06/09/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

06/04/2025

Docket Code 004
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

BEARDSLEY HOLDINGS INC, et al.
DANIEL P BEEKS

v.

COLONY BILTMORE-GREENS
HOMEOWNERS ASSOCIATION INC, et al.
JOHN T CROTTY

JUDGE HANNAH

MINUTE ENTRY

East Court Building – Courtroom 811

8:51 a.m. This is the time set for a Status Conference to set trial. Plaintiffs, Beardsley
Holdings, Inc. and INBS, Inc., are represented by counsel, Daniel P. Beeks. Defendant, Colony
Biltmore-Greens Homeowners Association, is represented by counsel, John T. Crotty. Tyron
Kindor, client representative for Beardsley Holdings, Inc., is also present. All parties appear
virtually.

A record of the proceedings is made digitally in lieu of a court reporter.

Plaintiff informs the Court that his client is looking for new counsel, as he no longer
practices civil litigation.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

06/04/2025

Docket Code 004
Form V000A
Page 2

Counsel further informs the Court that mediation will be set as soon as plaintiff retains new
counsel.

Discussion is held regarding status and settlement efforts.

To allow the parties time to complete mediation,

IT IS ORDERED continuing this virtual Trial Setting Conference to September 4, 2025
at 8:30 a.m. (time allotted: 15 minutes) in this division.

The Court is utilizing a virtual platform called Court Connect for online hearings. An auto-
generated e-mail with a link to the online “courtroom” has been sent to local counsel of record,
who should forward it to co-counsel, clients or client representatives, and others who will
participate in the hearing. You may forward the link to anyone who wants to attend the hearing,
but please advise the Court if you expect more than a few spectators so that we can make any
technical adjustments that may be necessary. If for some reason you did not receive the e-mail,
please advise the Court. The hearing may also be joined using the following
link: tinyurl.com/jbazmc-cvj07; or appearances may be made by telephone, by calling 1-917-781-
4590,
conference
ID
759-563-74#.
For
further
information,
please
visit: https://superiorcourt.maricopa.gov/court-connect/

The physical courtroom (Courtroom 811, East Court Building, 101 W, Jefferson, Phoenix,
AZ) is open and accessible for most hearings. Attorneys and parties may choose to appear in
person; and spectators are always welcome in the courtroom at public hearings. If an in-person
appearance at a scheduled online hearing is anticipated, we ask as a courtesy that you let us know
in advance (and at the same time notify the opposing party or parties) so we can ensure that the
appearance is accommodated.

Clerk of the Superior Court

*** Electronically Filed ***

07/02/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

07/01/2024

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

BEARDSLEY HOLDINGS INC, et al.
DANIEL P BEEKS

v.

COLONY BILTMORE-GREENS
HOMEOWNERS ASSOCIATION INC, et al.

JUDGE HANNAH

MINUTE ENTRY

On unopposed motion of the plaintiffs,

IT IS ORDERED extending the Rule 38.1(d) dismissal deadline to August 19, 2024.

Clerk of the Superior Court

*** Electronically Filed ***

07/24/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

07/23/2024

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

BEARDSLEY HOLDINGS INC, et al.
DANIEL P BEEKS

v.

COLONY BILTMORE-GREENS
HOMEOWNERS ASSOCIATION INC, et al.
JOHN T CROTTY

JUDGE HANNAH

ORDER OF THE COURT

The parties in this case have not complied with Civil Rules 16 and 38.1 as amended
effective April 15, 2014. The parties were required to confer regarding the subjects set forth in
Rule 16(d) and file a Joint Report and a Proposed Scheduling Order. Ariz. R. Civ. P. 16(b). No
Joint Report and Proposed Scheduling Order has been submitted.

IT IS THEREFORE ORDERED setting a Rule 16(d) Scheduling Conference on August
20, 2024 at 8:30 a.m. (time allotted: 30 minutes) in this division.

The Court is utilizing a virtual platform called Court Connect for online hearings. An auto-
generated e-mail with a link to the online “courtroom” has been sent to local counsel of record,
who should forward it to co-counsel, clients or client representatives, and others who will
participate in the hearing. You may forward the link to anyone who wants to attend the hearing,
but please advise the Court if you expect more than a few spectators so that we can make any
technical adjustments that may be necessary. If for some reason you did not receive the e-mail,
please advise the Court. The hearing may also be joined using the following

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

07/23/2024

Docket Code 026
Form V000A
Page 2

link: tinyurl.com/jbazmc-cvj07; or appearances may be made by telephone, by calling 1-917-781-
4590,
conference
ID
759-563-74#.
For
further
information,
please
visit: https://superiorcourt.maricopa.gov/court-connect/

The Court prefers video appearances, if possible, as it ensures it is easier to know who is
appearing at the hearing and being able to see the other parties reduces interruptions and delays.
Additionally, appearing by video increases the chance that the Court can use features such as
shared screens to show everyone exhibits or forms that may be helpful for the hearing. However,
no party shall be penalized for appearing by phone. Whether parties appear by videoconference,
phone, or a hybrid of the two, they should try as much as possible to contact the court from an area
with no background noise as noise and echoes prevent the parties from hearing the proceedings in
the courtroom and prevent the court from making a good record of the proceedings. The parties
are especially discouraged from appearing virtually from an outdoor location.

The physical courtroom (Courtroom 811, East Court Building, 101 W, Jefferson, Phoenix,
AZ) is open and accessible for most hearings. Attorneys and parties may choose to appear in
person; and spectators are always welcome in the courtroom at public hearings. If an in-person
appearance at a scheduled online hearing is anticipated, we ask as a courtesy that you let us know
in advance (and at the same time notify the opposing party or parties) so we can ensure that the
appearance is accommodated.

IT IS FURTHER ORDERED that the parties shall comply with Rule 16(b), Arizona
Rules of Civil Procedure by conferring between themselves and then filing a Joint Report and
Proposed Scheduling Order pursuant to Rule 16(b) substantially in the form set forth in Forms 11-
13, Ariz. R. Civ. P. 84, Appendix of Forms. The Joint Report and Proposed Scheduling Order
shall be filed prior to the Rule 16(d) Scheduling Conference. The court will resolve any
disagreements concerning the Joint Report and Proposed Scheduling Order at the Rule 16(d)
Scheduling Conference. Dates for future proceedings may also be set at that time.

IT IS FURTHER ORDERED that a party that does not comply with this order will be
subject to sanctions pursuant to Civil Rule 16(i), which shall include expenses incurred as a result
of non-compliance including attorneys’ fees, and which may in addition include dismissal of the
complaint, striking of the answer(s), or default judgment.

IT IS FURTHER ORDERED that if the parties timely submit the Joint Report and
Proposed Scheduling Order and there are no issues that the Court will be asked to address, the
parties may request in the Joint Report that the Rule 16(d) Scheduling Conference be vacated.

Clerk of the Superior Court

*** Electronically Filed ***

08/23/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

08/20/2024

Docket Code 027
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

BEARDSLEY HOLDINGS INC, et al.
DANIEL P BEEKS

v.

COLONY BILTMORE-GREENS
HOMEOWNERS ASSOCIATION INC, et al.
JOHN T CROTTY

JUDGE HANNAH

MINUTE ENTRY

East Court Building – Courtroom 811

8:43 a.m. This is the time set for a virtual Rule 16 Conference. Plaintiffs, Beardsley
Holdings, Inc. and INBS, Inc., are represented by counsel, Daniel P. Beeks. Defendant, Colony
Biltmore-Greens Homeowners Association, Inc., is neither present nor represented by counsel,
John T. Crotty. All parties appear virtually.

A record of the proceedings is made digitally in lieu of a court reporter.

LET THE RECORD REFLECT John T. Crotty, counsel for defendant, is not present and
the Court was unable to reach him for this conference.

Discussion is held regarding the Scheduling Order submitted by the parties.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

08/20/2024

Docket Code 027
Form V000A
Page 2

Counsel requests that the mediation deadline be extended to January 15, 2025.

IT IS ORDERED counsel’s request to extend the mediation deadline is granted.

For the reasons as stated on the record,

IT IS ORDERED approving/granting Amended Scheduling Order, all in accordance with
the formal written Scheduling Order signed by the Court August 19, 2024, and filed (entered) by
the Clerk August 20, 2024.

Please note: The court has signed a paper copy of the order which was originally provided
electronically. After the order has been scanned and docketed by the Clerk of Court, copies of this
order will be available through the ECR online at www.clerkofcourt.maricopa.gov or through
www.AZTurboCourt.gov and from the Public Access Terminals at the Clerk of Court’s offices
located throughout Maricopa County.

IT IS FURTHER ORDERED setting a Telephonic Trial Scheduling Conference for
the purpose of assigning a trial date on January 28, 2025 at 8:45 a.m. (time allotted: 15
minutes) in this division, before:

HONORABLE JUDGE JOHN HANNAH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 811
PHOENIX, AZ 85003
602-372-0759

Counsel/parties shall have their trial calendars available for the conference.

The Court is utilizing a virtual platform called Court Connect for online hearings. An auto-
generated e-mail with a link to the online “courtroom” has been sent to local counsel of record,
who should forward it to co-counsel, clients or client representatives, and others who will
participate in the hearing. You may forward the link to anyone who wants to attend the hearing,
but please advise the Court if you expect more than a few spectators so that we can make any
technical adjustments that may be necessary. If for some reason you did not receive the e-mail,
please advise the Court. The hearing may also be joined using the following
link: tinyurl.com/jbazmc-cvj07; or appearances may be made by telephone, by calling 1-917-781-

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

08/20/2024

Docket Code 027
Form V000A
Page 3

4590,
conference
ID
759-563-74#.
For
further
information,
please
visit: https://superiorcourt.maricopa.gov/court-connect/

The physical courtroom (Courtroom 811, East Court Building, 101 W, Jefferson, Phoenix,
AZ) is open and accessible for most hearings. Attorneys and parties may choose to appear in
person; and spectators are always welcome in the courtroom at public hearings. If an in-person
appearance at a scheduled online hearing is anticipated, we ask as a courtesy that you let us know
in advance (and at the same time notify the opposing party or parties) so we can ensure that the
appearance is accommodated.

8:46 a.m. Matter concludes.

PRETRIAL ORDERS

The Court having been assigned to this case, the parties shall make note of the pretrial
orders set out herein. The Court makes every effort to ensure that all orders entered in the case are
consistent with these orders. If a party becomes aware that an inconsistent order has been entered
in this case, it is that party’s responsibility to request clarification as necessary.

Discovery Disputes:

A request for order compelling disclosure or discovery (Civil Rule 37(a)) or for a protective
order (Civil Rule 26(c)) must be presented to the Court through the expedited procedure set out in
Civil Rule 26(d). Requests for Rule 37 sanctions other than payment of expenses pursuant to Rule
37(a)(5) must be presented by motion, not the expedited Rule 26(d) procedure.

The parties must attempt first to resolve discovery disputes through good-faith personal
consultation. A letter or email to the opposing attorney threatening to file a discovery motion if
he or she does not respond, without more, does not satisfy the consultation requirement under the
rules. If consultation does not resolve the dispute, the parties having the dispute shall email the
Judicial Assistant a three-page summary of the dispute pursuant to Rule 26(d)(2), with each side
entitled to submit one and one-half pages of that text, and a good faith consultation certificate. No
exhibits shall be included with the summaries. Division staff will contact the attorneys if the Court
determines, after reviewing the summary, that the parties should submit additional documents,

The judge may decide the issue on the papers, set a telephonic conference, or order full
briefing. If the judge decides that a telephonic conference is appropriate, the Judicial Assistant
will contact the parties by email or telephone to schedule the conference with the judge. When the
dispute has been resolved, the email communications and the written summary will be filed with
the Clerk as necessary to make a record.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

08/20/2024

Docket Code 027
Form V000A
Page 4

Motion Practice Generally:

If you choose to combine the memoranda associated with different motions in a single
filing, the page limits in Civil Rule 7.1 nevertheless apply to that filing. For example, a
“response and cross-motion” is limited to 17 pages, not 17 for the response plus another 17 for the
cross-motion totaling 34 pages. All citations must be included in the body of the brief and not in
footnotes.

All stipulations and unopposed motions, and motions asking to set or continue a hearing or
a deadline, must be accompanied by a proposed order. Litigants are strongly encouraged to submit
proposed orders with all routine motions. A proposed order/judgment must be attached as a Word
document (abcd.docx), using the proper Turbo Court code. If your system is not allowing you to
attach a Word order, please email a copy to the Judicial Assistant so he or she can attach it on our
end.

Motions ordinarily will be held for the period provided by the rules for the opposing party’s
response. A request in the caption or the body of a motion for “expedited ruling” or “expedited
consideration” of that motion will be honored only if the motion expressly states that opposing
counsel or unrepresented opposing parties have been consulted and do not oppose the relief
requested. Otherwise, a request for expedited briefing or ruling must be presented in a separate
motion with a proposed form of order, served on the opposing party by the most expeditious
method permitted by the rules, and delivered to the Division by email or hand delivery.

A party that has agreed with the opposing party or parties to extend the time for filing a
response or reply memorandum must file notice as required by Civil Rule 7.1(g)(2). In the absence
of notice, the Court might issue a ruling upon expiration of the deadlines provided in the rules. If
that happens, motions for reconsideration will be disfavored.

Oral argument time generally will be divided equally between the plaintiffs’ side and the
defendants’ side, subject to modification when the positions of the parties are not aligned or when
equity otherwise requires.

Dispositive Motions:

In most cases the scheduling order will establish a date-certain dispositive motion deadline.
If no date-certain deadline has been set, dispositive motions must be filed 120 days before the Final
Trial Management Conference or (if no Final Trial Management Conference is scheduled) 120
days before trial. The Court will reject a stipulated extension of the dispositive motion deadline

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

08/20/2024

Docket Code 027
Form V000A
Page 5

that places the deadline fewer than 120 days before the Final Trial Management Conference, absent
an explanation of why an earlier deadline is impractical in the circumstances.

The dispositive motion deadline is not automatically extended for cross-motions. Cross-
motions for summary judgment filed after the deadline may be summarily denied in the Court’s
discretion, particularly if it appears that the filing party delayed for tactical advantage.

Each party is limited to one dispositive motion on a particular issue or topic, unless the
Court orders otherwise for good cause shown. The Court in its discretion may summarily deny a
summary judgment motion directed to an issue that was raised and decided on a Rule 12(b)(6)
motion or an earlier summary judgment motion.

Daubert Motions:

A motion for a Daubert hearing or other hearing on the admissibility of an expert’s
testimony under Ariz.R.Evid. 702, must be filed no later than the dispositive motion deadline.
Failure to file such a motion in a timely manner may be deemed 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.

Motions in Limine:

Motions in limine are usually addressed at the Final Trial Management Conference. The
Court will entertain a request for an early ruling on a motion in limine, however, if such a ruling
will facilitate settlement or trial preparation.

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, not including
preparation of transcripts. If no court-employed court reporter is available, the parties will be
notified and given an opportunity to bring in a private court reporter on the terms and conditions
set out in Supreme Court Rule 30(b)(3).

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

08/20/2024

Docket Code 027
Form V000A
Page 6

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 must be made at least ten business days in advance of the hearing
date for which the interpreter is needed.

Pursuant to Arizona Supreme Court Administrative Order, trials and evidentiary hearings
are presumptively presented in person in the courtroom, not by videoconference. If you intend to
present a witness or witnesses by live videoconference, you must notify the Court and opposing
counsel far enough in advance to allow time for objections to be heard and to ensure that the
courtroom will be set up for the presentation. The Court may exercise its discretion to deny
requests for videoconference testimony made for the first time on the day of the hearing.

If you anticipate using this Division’s courtroom technology but are not familiar with it,
please make an appointment at with this division’s courtroom assistant, Tomi Polvorosa, via email
at [email protected], to familiarize yourself with the equipment and make
sure that you are able to connect to it with your own electronic devices.

Preferred communication with this Division is via email to the Judicial Assistant, Gail
Cody, at [email protected]. We are able to respond much quicker to an email.
All email communications with the Judicial Assistant, except authorized ex parte
communications, must be copied to all attorneys and self-represented parties in the case even
if they have no involvement with or interest in the subject of the communication.

This Division is using Case Center, a statewide exhibit portal. All exhibits must be
submitted through Case Center. Inquiries regarding exhibit procedures should be directed to this
Division’s courtroom clerk at (602) 506-1375.

Clerk of the Superior Court

*** Electronically Filed ***

09/08/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

09/04/2025

Docket Code 004
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
A. Walker

Deputy

BEARDSLEY HOLDINGS INC, et al.
DANIEL P BEEKS

v.

COLONY BILTMORE-GREENS
HOMEOWNERS ASSOCIATION INC, et al.
JOHN T CROTTY

JUDGE KREAMER

MINUTE ENTRY

East Court Building – Courtroom 811

8:31 a.m. This is the time set for a continued Status Conference to set trial. Plaintiffs,
Beardsley Holdings, Inc. and INBS, Inc., are represented by counsel, Daniel P. Beeks. Defendant,
Colony Biltmore-Greens Homeowners, is represented by counsel, John T. Crotty. Ty Kindor,
client representative of plaintiffs Beardsley Holdings, Inc., and INBS, Inc. is also present. All
parties appear virtually.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding Judge Hannah’s June 9, 2025 Order continuing this trial
setting conference to allow plaintiffs to retain new counsel and participate in mediation.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

09/04/2025

Docket Code 004
Form V000A
Page 2

The Court informs counsel that the parties must participate in a meaningful mediation
before a trial will be set.

For the reasons as stated on the record,

IT IS ORDERED continuing this Trial Setting Conference to November 3, 2025 at 8:45
a.m. (time allotted: 15 minutes) in this division.

IT IS FURTHER ORDERED if the parties resolve this case, they are directed to file a
Notice of Settlement and email a copy to this Court’s Judicial Assistant, Katy Snyder, at
[email protected] as soon as is practicable.

8:40 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

11/06/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

11/03/2025

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
A. Walker

Deputy

BEARDSLEY HOLDINGS INC, et al.
DANIEL P BEEKS

v.

COLONY BILTMORE-GREENS
HOMEOWNERS ASSOCIATION INC, et al.
JOHN T CROTTY

JUDGE KREAMER

TRIAL SETTING

East Court Building – Courtroom 811

8:45 a.m. This is the time set for a Status Conference to set trial. Plaintiffs, Beardsley
Holdings, Inc. and INBS, Inc., are represented by counsel, Daniel P. Beeks. Defendant, Colony
Biltmore-Greens Homeowners’ Association, is represented by counsel, John T. Crotty. Tyron
Kindor, client representative for plaintiffs Beardsley Holdings, Inc. and INBS, Inc. is also present.
All parties appear virtually.

A record of the proceedings is made digitally in lieu of a court reporter.

Case status and scheduling are discussed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

11/03/2025

Docket Code 089
Form V000A
Page 2

IT IS ORDERED setting a 4-day Jury Trial on April 6, 2026 at 9:00 a.m. before:

HONORABLE JOSEPH KREAMER
JUDICIAL OFFICER OF THE SUPERIOR COURT
EAST COURT BUILDING
COURTROOM 811
101 W. JEFFERSON
PHOENIX, AZ 85003
(602) 372-1764

This is a FIRM TRIAL setting. Trial days will be April 6, 7, 8, and 9, 2026.

Trial days are normally 9:00 a.m. to 4:30 p.m., Monday through Thursday, with lunch from
12:00 p.m. to 1:30 p.m.

IT IS FURTHER ORDERED that a Final Trial Management Conference (FTMC) is set
for March 6, 2026 at 10:30 a.m. (time allotted: 1-1/2 hour) in this division. Trial counsel shall
appear in person for the conference. Any self-represented party shall appear in person for the
conference. This minute entry order sets forth tasks that must be completed by trial counsel. Self-
represented litigants are responsible for completing the tasks assigned to “counsel.”

IT IS FURTHER ORDERED setting an in-person Status Conference rearding the juror
questionnaire responses on April 3, 2026 at 1:30 p.m. (time allotted: 1 hour).

8:53 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

11/03/2025

Docket Code 089
Form V000A
Page 3

TRIAL PREPARATION INFORMATION AND ORDERS

Motions to Use or Preclude Late-Disclosed Evidence:

Motions to exclude evidence at trial as a sanction for failure to timely disclose (Rule
37(c)(1)) and motions for permission to use late-disclosed evidence (Rule 37(c)(3)) must be made
as soon as practicable after the moving party becomes aware of the issue. The failure to raise
disclosure issues promptly may be taken into account in determining whether there is “good cause”
for allowing the non-disclosing party to use the evidence notwithstanding late disclosure.

Joint Pretrial Statement:

A Joint Pretrial Statement (JPTS) must be filed no later than 5:00 p.m. February 27, 2026.
In addition to what Ariz.R.Civ.P. 16(g) requires, counsel shall discuss and prepare the following
to be filed at the same time as, or included in, the JPTS:

A.
Any proposed jury questionnaire; or non-standard voir dire questions, if any, that a
party will ask the Court to ask the panel.

B.
A completed Witness Information Form (attached), listing all witnesses each party
intends to call at trial in the order of presentation, together with the estimated time
for direct, cross, and redirect examinations, voir dire, opening statements and
closing arguments. If there are multiple parties on the same side represented by
different attorneys, each party represented by a different attorney must fill out
his/her own time estimates. The Court will use this information to manage the trial
presentation, but Court will not keep specific track of time unless asked to do so.

C.
A joint set of agreed-upon jury instructions and verdict forms; and separate sets of
any requested instructions that have not been agreed upon. Revised Arizona Jury
Instructions (Civil) may be listed by name and number, e.g.:

RAJI Preliminary 1 - - Duty of Jurors
RAJI Standard 2 - - Burden of Proof
RAJI Negligence 1 - - Violation of Statute

NON-RAJI INSTRUCTIONS must be typed in Word format, numbered
consecutively, one per page, with legal authority to support the instruction, and sent
to
the
Court’s
Judicial
Assistant,
Katy
Snyder,
at
[email protected].

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

11/03/2025

Docket Code 089
Form V000A
Page 4

D.
A preliminary jury instruction or instructions stating the elements of the plaintiff’s
claim(s), and any other matters necessary to orient the jurors for the presentation of
evidence (e.g., affirmative defenses that the parties agree the jury will have to
consider), to be presented to the jury under the heading of Claims Made and Issues
To Be Proved.

E.
A brief non-argumentative case summary to be read to the jurors in voir dire.

F.
For any witness whose recorded or transcribed deposition testimony is likely to be
presented at trial other than for impeachment, designations, by transcript page and
line numbers, of the testimony that the proponent will offer; counter-designations
of testimony that any other party believes also ought in fairness to be introduced,
pursuant to Ariz.R.Civ.P. 32(a); and objections to the admission of any designated
testimony, specifying the testimony to which objection is made and the legal basis
for such objection. The designations shall be marked on a complete copy of the
transcript, which the Clerk will preserve for the record. Each party shall highlight
that party’s designations and counter-designations in one distinctive color, and
hand-write or print objections directly on the transcript adjacent to the objected-to
testimony. Any objection not so included may be deemed waived. The parties
will be permitted to make late designations in the event that a witness unexpectedly
becomes unavailable to testify at trial, provided that the opposing party is promptly
notified and the designations are submitted to the Court at the earliest practicable
opportunity. Since jurors generally prefer narrative summaries or brief excerpts of
questions and answers, the parties are encouraged to confer and prepare agreed-
upon summaries in lieu of designated testimony.

G.
A list of all marked exhibits containing a brief, neutral (non-argumentative)
description of each exhibit. If you are using the Case Center app, you will be
creating this list as you upload your exhibits in the form of electronic files.

The parties may (but are not required to) submit written legal arguments or memoranda,
incorporated into the JPTS or filed separately, addressing any legal issue on which the parties want
a pretrial ruling or that they expect to be central to the presentation of the case. A party that expects
to file such written legal argument or memorandum must give written notice to the opposing party
or parties ten business days in advance of the filing unless the Court ordered or authorized the
filing at a hearing at which all parties were present.

At the Final Trial Management Conference, counsel who will try the case shall appear
and be prepared to discuss and resolve:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

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11/03/2025

Docket Code 089
Form V000A
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A.
Allocation of trial time among the parties and, if appropriate, presumptive
time limits for voir dire, opening statements, witness examinations, and
closing arguments;

B.
Voir dire procedures, including preparation and presentation of a
questionnaire if requested;

C.
Stipulations regarding witness testimony and the admission of exhibits;

D.
Preliminary jury instructions, juror notebooks, and verdict forms;

E.
Publication of exhibits and use of demonstrative materials during opening
statements;

F.
Scheduling, equipment, or interpreter issues;

G.
Status of settlement negotiations;

H.
Motions in limine; and

I.
Other matters addressed in the JPTS.

Counsel shall present original depositions for filing at the same time they present exhibits.
Original depositions are provided to the Clerk for the record and are not marked as exhibits.

Motions in Limine:

The purpose of a motion in limine is to obtain a pretrial ruling on evidentiary disputes, to
avoid exposure of the jury to unduly prejudicial evidence. State ex rel. Berger v. Superior Court,
108 Ariz. 396, 397 (1972). The Court generally will not entertain “motions in limine” in which
the proponent requests a ruling on a matter of law (such as the adequacy of a claim or
defense) that would render the evidence at issue irrelevant. Such motions ordinarily should be
framed as motions for summary judgment and filed before the dispositive motion deadline.

1. Number of Motions in Limine, Page Limit and Format: Unless the Court ordered
otherwise at the Trial Setting Conference, each “side” is presumptively limited to three motions
in limine; and motions in limine and responses are presumptively limited to three pages each,
excluding the caption and the mailing certificate. Permission to exceed these presumptive limits
must be expressly granted by the Court in advance. Motions in limine shall be titled in a manner
that identifies the party filing the motion and the subject of the motion (e.g., “Defendant’s Motion

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

11/03/2025

Docket Code 089
Form V000A
Page 6

in Limine No. 1 Re: Insurance Agreement”). Each motion shall deal with one discrete subject; and
each response shall address only one motion.

2. Meet and Confer: 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. Ariz. R. Civ. P.
7.2 (a). The motions must include, or be filed with, a certification that counsel have conferred.

3. Substance: 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. The
remainder of the motion or response should then explain why irreparable prejudice or reversible
error is likely to result if the motion is denied, preferably with citations to authority that have
reached the same conclusion in the same or similar circumstances. If the motion is unable to
explain why its denial would result in irreparable prejudice or reversible error, the motion must
demonstrate persuasively what efficiency, economy, or other benefit is to be gained by granting
the motion.

4. Deadlines: All motions in limine must be filed at least 10 business days before the final
pretrial management conference and immediately delivered electronically to the opposing party.
Responses must be filed 5 business days before the final trial management conference. No replies
may be filed except with permission of the Court.

EXHIBIT REQUIREMENTS

IT IS ORDERED that the parties submit any proposed hearing exhibits as follows:

Submit Hearing Exhibits through Case Center. This division is using Case Center (also
known as Case Lines), a statewide electronic exhibit portal. Attorneys must submit exhibits
through Case Center; Self-Represented Litigants can request to opt-out of Case Center by
contacting the judge’s division at [email protected] or 602-372-1764. Unless
otherwise ordered, Exhibits must be submitted no later than 3:00 p.m. on March 30, 2026.

Do not number your exhibits. Case Center will automatically number each exhibit as it
is added into the system.

Do not include cover sheets for your exhibits. This is no longer necessary when using
Case Center.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

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11/03/2025

Docket Code 089
Form V000A
Page 7

Use simple and generic names when identifying your exhibits. Any suggestive or
inappropriately named exhibit will be renamed by the Clerk.

Do not add sub-categories to your exhibits. Each exhibit should be uploaded
individually and be given a separate and distinct number in Case Center.

Each
party
must
register
for
Case
Center
at
https://digitalevidence.azcourts.gov/?tlang=en-US. The website has links to training resources that
will guide you through uploading exhibits and navigating Case Center. The Clerk of Court will
email each party (or their attorney of record) a case-specific Case Center link that the party will
use to upload exhibits. For assistance with Case Center invitations only, email the Clerk of
Court at [email protected]. The email subject line should include the case
number. The body of the email should include the parties’ names, the assigned judge’s name, and
explain that the sender is requesting help with a Case Center invitation.

Opting Out of Case Center (Self-Represented Litigants only). A Self-Represented
Litigant may opt out of Case Center no less than 10 calendar days before the trial/evidentiary
hearing (or within 24 hours of being served with notice if the party is served less than 10 calendar
days before the evidentiary hearing). The Self-Represented Litigant must email the other Self-
Represented Litigants or counsel and the assigned judicial division to notify the court that they are
opting out and to request instructions for submitting exhibits. Self-Represented Litigants must
comply with the deadline for submitting Exhibits. Each party must make sure the Court has the
party’s valid current email address. If you do not have an email address, you can obtain a free one
through
accounts.google.com.
Each
party
must
register
for
Case
Center
at
https://digitalevidence.azcourts.gov/?tlang=en-US. The website has links to training resources
that will guide you through uploading exhibits and navigating Case Center. The Clerk of Court
will send an email invitation to each party (or their attorney of record) with a case-specific Case
Center link for uploading exhibits before the first hearing. For subsequent hearings in the same
case, parties will not receive another email and should access the case on the Case List page. For
instructions, see azcourts.gov/Portals/0/222/TrainingVideos/Invitation-CaseList-CaseFilter-3-2-
2022.mp4. For assistance with Case Center invitations only, email the Clerk of Court at
[email protected]. The email subject line should include the case number.
The body of the email should include the parties’ names, the assigned judge’s name and explain
that the sender is requesting help with a Case Center invitation.

Exhibit Format. Case Center accepts most digital formats (including photographs, PDFs,
Word files, audio files, and video files). Case Center automatically numbers the exhibits.
Plaintiff/Petitioner’s exhibits have a P- prefix (Exhibit P1, P2, etc.) and Defendant/Respondent’s
exhibits have a D- prefix (Exhibit D1, D2, etc.). During the hearing, the parties must refer to
exhibits using the Case Center exhibit numbers. For assistance with Case Center, contact AOC

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

11/03/2025

Docket Code 089
Form V000A
Page 8

Support Services at (602) 452-3519 (option 5) or [email protected], Monday – Friday 7
AM – 6 PM, excluding State holidays.

Exhibit Upload Assistance.  Scanners are available at each of the regional court Law
Library Resource Centers. Each scanner has an attached computer and instructions on how to
upload exhibits into Case Center.

Exchange Exhibits. At least 5 business days (not including weekends) before the
hearing, you must give the other party copies of all exhibits you submitted for use at the hearing.

Physical Exhibits. The Courtroom Clerk will handle marking physical exhibits for Self-
Represented Litigants who opt out of Case Center. Attorneys who submit physical exhibits must
create a placeholder in Case Center and include “Physical Exhibit” in the name of the exhibit prior
to submitting the physical exhibit(s) to the judge’s division. The collection of physical exhibits
must have a Physical Exhibit Case Coversheet that includes the following: (1) the name of the
party submitting the exhibit(s); (2) the case number; (3) the date of hearing; and (4) the exhibit
number(s) and description(s). In addition, each individual exhibit must have an Exhibit Coversheet
printed on color paper indicating the physical exhibit’s exhibit number in Case Center. For Self-
Represented Litigants, if any individual exhibit is a document that is longer than ten (10) pages,
each page of the exhibit should be numbered. Division staff will provide the exhibits to the
Courtroom Clerk for marking. The Courtroom Clerk will mark physical exhibit(s) with the same
exhibit number used in Case Center.

Devices and WiFi. If needed, hearing participants may request to use a court-provided
devices to view and present exhibits during an evidentiary hearing. All requests for access to a
court-provided device must be submitted to the division via email 5 calendar days before the
Hearing. Hearing participants can connect to the court’s free MCPUBLIC WiFi for up to 90
minutes. For evidentiary hearings/trials longer than 90 minutes, the parties may request access to
MC Sponsored WiFi which will allow access to WiFi without the need to reconnect after 90
minutes by emailing the assigned division 10 calendar days in advance of any Hearing. Self-
Represented Litigant access will be valid for 60 days; lawyer and nonlawyer representative access
will be valid for 365 days. You can also use your wireless device to create a WiFi “hotspot”.

Remote Witnesses. Any party who calls a witness who is appearing remotely (i.e., by
telephone or videoconference) should either (1) provide the witness with a copy of all exhibits or
(2) ensure that the remote witness has an electronic device available that allows them to view
exhibits displayed on a screen through either Case Center or Teams.

Exhibit Presentation During Hearings. Unless indicated otherwise in any hearing-
specific court minute entry or order, offerors may, but are not required to, use Case Center to

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

11/03/2025

Docket Code 089
Form V000A
Page 9

present (e.g., show to the court, a witness, or the jury) evidence during a Hearing. Options for
presentation of evidence include but are not limited to the following: (1) use of paper copies of the
exhibits that have been uploaded to Case Center; (2) use of evidence presentation software and/or
PDF viewers to display PDFs of exhibits that have been uploaded to Case Center; (3) screen
sharing of Case Center through Court Connect (Teams); and (4) use of Case Center “Presentation”
mode to share exhibits. Parties are strongly encouraged to download PDFs of their Case Center
exhibits and/or have paper copies available in the event there are technological difficulties in the
courtroom.

Additional resources. For Case Center related training and questions, the parties may wish
to
visit
the
Thomson
Reuters
Case
Center
Home
Page
at
https://answers.legalprof.thomsonreuters.com/casecenter-us/search. For technical issues with
Case Center, parties may contact AOC Support Services Monday – Friday from 7:00 AM – 6:00
PM, excluding State holidays, at (602) 452-3519, 1-800-720-7743 (toll free), or
[email protected]. The parties may also wish to review A.O. 2024-080 at
https://superiorcourt.maricopa.gov/media/30ylnjsa/ao2024-080-re-use-of-case-center-in-the-
civil-department.pdf for additional information regarding Case Center.

Court Reporters and Recordings:

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 Court cannot guarantee that a court reporter
will be available. In that event the parties may furnish a court reporter at their own expense, with
advance permission from the Court.

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 email Electronic Records Services at
[email protected].

Miscellaneous Issues:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

11/03/2025

Docket Code 089
Form V000A
Page 10

Requests for an interpreter must be made at least two weeks prior to the scheduled hearing
date. The Court may not be able to accommodate late interpreter requests.

Pursuant to Arizona Supreme Court Administrative Order, trials and evidentiary hearings
are presumptively presented in person in this Division’s courtroom, not by videoconference. If
you intend to present a witness or witnesses by live videoconference, you must notify the Court
and opposing counsel far enough in advance to allow time for objections to be heard and to ensure
that the courtroom will be set up for the presentation. The Court may exercise its discretion to
deny requests for videoconference testimony made for the first time on the day of the trial
or hearing.

If you are not familiar with this Division’s courtroom technology, please make an
appointment at least one week prior to your trial or hearing with the Courtroom Assistant,
Kimberly Churchill, via email at [email protected], to familiarize
yourself with the equipment and make sure that you are able to connect it with your own electronic
devices. You will be responsible for operation of the courtroom technology during trial. Please
do not assume that court staff will be available to assist you.

Preferred communication with this Division is via email to the Judicial Assistant, Katy
Snyder, at [email protected]. We are able to respond much quicker to an email.
Please make sure you endorse all parties involved in the case. Please also send courtesy copies of
all filings immediately before and during the trial to this email address to avoid delay in reaching
the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-012376

11/03/2025

Docket Code 089
Form V000A
Page 11

WITNESS INFORMATION FORM

Counsel should anticipate no more than five hours of presentation time each day, to account
for bench conferences and breaks. The Court will typically use one to two hours for its portion of
voir dire and to read jury instructions. Adequate time must be reserved for jury deliberations --
generally at least a full half-day except for short, simple trials.

WITNESSES FOR PLAINTIFF:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

2

3

4

5

PLAINTIFF’S TOTAL WITNESS TIME ESTIMATE: ___________________________

WITNESSES FOR DEFENDANT:

WITNESS NAME
DIRECT
CROSS
REDIRECT
1

2

3

4

5

DEFENDANT’S TOTAL WITNESS TIME ESTIMATE:_________________________

TIME ESTIMATE FOR:
PLAINTIFF(S)
DEFENDANT(S)
VOIR DIRE

OPENING STATEMENT

CLOSING ARGUMENT
1st:
2nd:

PLAINTIFF’S TOTAL TIME ESTIMATE: ________________________

DEFENDANT’S TOTAL TIME ESTIMATE: _______________________

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