01/18/2007 — CV2005012986 INC, GRO INDUSTRIES 01/18/2007 HONORABLE PAUL J. MCMURDIE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/19/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-012986
01/18/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PAUL J. MCMURDIE
C.I. Miller
Deputy
NORTH CANYON RANCH OWNERS
ASSOCIATION
STEPHEN L TUNNEY
v.
GRO INDUSTRIES INC
VINCENT R MAYR
STATUS CONFERENCE VACATED
The court has received and reviewed Arbitrator Larry J. Cohen’s Notice to Court advising
that the parties reached an agreement that resolved the differences in this case.
On the court’s own motion,
IT IS ORDERED vacating the February 12, 2007 Status Conference set in this division.
IT IS FURTHER ORDERED placing this matter on the Inactive Calendar for dismissal
on March 20, 2007, without further notice, unless prior to that date a Judgment is entered, a
Stipulation and Order to Dismiss is presented or a Motion to Set and Certificate of Readiness is
filed.
03/22/2007 — CV2005012986 INC, GRO INDUSTRIES 03/22/2007 HONORABLE PAUL J. MCMURDIE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
03/23/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-012986
03/22/2007
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PAUL J. MCMURDIE
C.I. Miller
Deputy
NORTH CANYON RANCH OWNERS
ASSOCIATION
STEPHEN L TUNNEY
v.
GRO INDUSTRIES INC
VINCENT R MAYR
DISMISSAL ORDER
The parties have filed a Stipulation for Dismissal on March 14, 2007; and good cause
appearing,
IT IS ORDERED dismissing this case with prejudice as to all parties and all claims.
/S/ PAUL J. MC MURDIE
______________________________________________________
PAUL J. MC MURDIE
JUDGE OF THE SUPERIOR COURT
06/15/2006 — CV2005012986 INC, GRO INDUSTRIES 06/15/2006 HONORABLE PAUL J. MCMURDIE View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-012986
06/15/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PAUL J. MCMURDIE
C.I. Miller
Deputy
FILED: 06/16/2006
NORTH CANYON RANCH OWNERS
ASSOCIATION
STEPHEN L TUNNEY
v.
GRO INDUSTRIES INC
VINCENT R MAYR
RULING ON MOTION TO SET
The court is in receipt of Plaintiff(s)’ Motion to Set and Certificate of Readiness. The
court will not set a trial date until after the parties have completed discovery and participated in a
mandatory settlement conference where the decision maker for each party is present. Counsel
are to submit a Joint Pretrial Memorandum (as ordered below) which the court will review and
thereafter issue a minute entry setting a discovery schedule and time for the mandatory
settlement conference.
IT IS ORDERED that counsel for the Plaintiff(s) and Defendant(s) are to discuss those
subjects listed under A.R.C.P., Rule 16(b); and then prepare and file a Joint Pretrial
Memorandum no later than August 1, 2006, addressing all applicable subjects listed under Rule
16(b). In addition, a brief description of the nature of the case, the issues, and each party’s
position with respect to the issues and the estimated length of the trial and approximately when
the parties would like to try the case, shall be include in the filed memorandum.
If counsel are unable to agree on any of the items in the Joint Pretrial Memorandum, the
reasons for their inability to agree shall be set forth in the memorandum. Counsel are reminded
that the court may impose sanctions against counsel and/or their clients for failure to participate
in good faith in the Joint Pretrial Memorandum.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-012986
06/15/2006
Docket Code 023
Form V000A
Page 2
IT IS ORDERED that if a party wishes to be heard regarding the scheduling of
discovery or other issues in the Joint Pretrial Memorandum, they may schedule a hearing by
contacting the court’s Judicial Assistant at (602) 372-0765. The request for a hearing must be
made no later than the date the memorandum is filed with the court. No agreement by the parties
to modify the pleading schedule will be honored by the court, unless the court is notified and
approves of the parties’ agreement.
08/01/2006 — CV2005012986 INC, GRO INDUSTRIES 08/01/2006 HONORABLE PAUL J. MCMURDIE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/03/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-012986
08/01/2006
Docket Code 530
Form V530
Page 1
CLERK OF THE COURT
HONORABLE PAUL J. MCMURDIE
C.I. Miller
Deputy
NORTH CANYON RANCH OWNERS
ASSOCIATION
STEPHEN L TUNNEY
v.
GRO INDUSTRIES INC
VINCENT R MAYR
COURT ADMIN-CIVIL-ARB DESK
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
DOCKET-CIVIL-CCC
E-FILE CASE MANAGEMENT
FILE ROOM-CSC
FINANCIAL SERVICES-BILLING-CCC
CASE DESIGNATED FOR PARTICIPATION IN THE COURT'S E-FILING PILOT
The Superior Court is transitioning civil cases to an electronic filing system in phases.
Pursuant to Administrative Order 2005-091,
IT IS ORDERED that all pleadings in this case be electronically filed.
The electronic filing system will be available for use on August 7, 2006 and mandatory
e-filing will commence on August 22, 2006. Filing by conventional means may continue until
this mandatory date.
To assist in the transition to e-filing, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the E-Filing system. All attorneys of record in this
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-012986
08/01/2006
Docket Code 530
Form V530
Page 2
case are strongly encouraged to study this material before the mandatory e-filing date. The web
site address for training materials is: http://eventures.clerkofcourt.maricopa.gov/training.asp.
The Clerk's Office shall be available for instruction and training as needed.
The e-filing system web site address is https://efiling.clerkofcourt.maricopa.gov. The site
contains supplemental training and other reference materials, including contact names and phone
numbers, to assist with any questions.
Where filing fees may incur on an electronic filing, the filing party will be billed by the
Billing Unit of the Clerk of the Superior Court.
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summary Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to
Defendant's Motion for Summary Judgment on Negligence." No response to a motion shall
contain a separate motion, except in the case a cross-motion bearing the same designation.
08/02/2006 — CV2005012986 INC, GRO INDUSTRIES 08/02/2006 HONORABLE PAUL J. MCMURDIE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/03/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-012986
08/02/2006
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PAUL J. MCMURDIE
C.I. Miller
Deputy
NORTH CANYON RANCH OWNERS
ASSOCIATION
STEPHEN L TUNNEY
v.
GRO INDUSTRIES INC
VINCENT R MAYR
ALTERNATIVE DISPUTE
RESOLUTION - CCC
COMPREHENSIVE PRETRIAL ORDER/
STATUS CONFERENCE SET
The court has received and reviewed the parties’ Joint Pretrial Conference Memorandum.
THIS IS NOT A TRIAL SETTING ORDER.
A Trial Date will be set only after the parties have complied with the mandatory settlement
conference and the discovery requirements of this order.
The court adopts and incorporates all other deadlines set forth in the parties’ Joint Pretrial
Conference Memorandum, except as modified by this minute entry.
IT IS ORDERED that the parties shall participate in a Mandatory Settlement
Conference. A decision maker for each party must participate in the settlement conference.
This case is referred to the court’s Alternative Dispute Resolution Coordinator for the
appointment of a judge pro tempore to conduct a Settlement Conference by January 31, 2007.
Counsel and/or the parties will receive a minute entry from ADR appointing the judge pro
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-012986
08/02/2006
Docket Code 028
Form V000A
Page 2
tempore. Counsel and any “pro per” party will contact the appointed judge pro tempore to
arrange the date, time and location for the settlement conference. The judge pro tempore is
requested to conduct a Settlement Conference no later than the above-noted date. The
Office of Alternative Dispute Resolution will not do the scheduling of the settlement
conference, so please do not contact the ADR office.) If the parties elect to use a private
mediator, each party must still be represented at the settlement conference by a decision maker.
If the parties pursuant to agreement prefer to use a private mediator to conduct the
Settlement Conference, a Stipulation and Order Re: Alternative to ADR must be presented to the
court by no later than 5:00 p.m., on December 27, 2006.
IT IS FURTHER ORDERED setting a Status Conference to Set Trial Date for
February 12, 2007, at 10:15 a.m. (15 mins.).
IT IS FURTHER ORDERED as follows:
1.
DISCLOSURE, DISCOVERY AND MOTIONS
A.
Expert Witnesses (simultaneous disclosure):
All parties shall have
exchanged a formal written designation and disclosure of name, subject
matter, address, resume and opinions of all trial experts by September 15,
2006.
B.
Non-Expert Witnesses (simultaneous disclosure): Shall be designated by
October 1, 2006.
C.
Discovery Cut-Off:
All discovery shall be completed by January 30,
2007.
D.
Rule 26.1: All parties shall have exchanged up-to-date Rule 26.1
Supplemental Disclosure Statements including a disclosure of all final expert
witness opinions by March 12, 2007. No information disclosed after this
date may be used at trial absent court order on motion and affidavit. Such
information must be seasonably disclosed on an ongoing basis pursuant to
Rule 26.1 prior to this date.
E.
Dispositive Motions. Any dispositive motions shall be filed no later than
February 12, 2007.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-012986
08/02/2006
Docket Code 028
Form V000A
Page 3
2. MOTIONS IN LIMINE: This court generally decides all motions in limine at the
Trial Management Conference to be set approximately ten (10) days before the start of the trial.
If a motion in limine needs to be heard before the trial management conference, it is incumbent
on the parties to bring it to the court’s attention.
E-Courtroom Policies:
The proceeding will take place in the Superior Court’s new “e-courtroom.” A record of
the proceedings may be made by videotape in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may purchase a CD for a cost of
$20.00.
Should an official transcript be required, you may request that the court prepare it.
The party ordering the transcript must pay for it. With this new technology, a court
reporter is likely not required and the parties are encouraged to experience the court's
video recording system before requesting a court reporter. If a court reporter is required,
the court must receive a written request at least 48 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed
without a court reporter.
