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Maricopa County Superior Court Case CV2005-013188: public docket details, parties, minute entries, documents, and official source links for Tatum Ranch Community Association.

Case Number

CV2005-013188

County

Maricopa

Caption

Not captured

Filed

8/18/2005

Case Type

Civil

Judge

Kreamer, Joseph

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/06/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
02/01/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
BOB J MCCULLOUGH
RULING
The Court has under advisement the parties’ Cross-Motions for Summary Judgment. No party
requested oral argument or filed a reply/responsive pleading. Neither oral argument nor further
responsive pleadings will assist the Court.
The Court denies the Cross-Motions for Summary Judgment. There are numerous disputed
issues of material fact which preclude summary disposition of this case.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/12/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/10/2008
Docket Code 027
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
STEPHEN W TULLY
FINAL PRETRIAL MANAGEMENT CONFERENCE
IN CHAMBERS:
11:40 a.m. This is the time set for Trial Setting Conference. Plaintiffs are represented by
counsel, Stephen L. Tunney. Plaintiff, Jill Early is also present. Defendants are represented by
counsel, Stephen w. Tully.
No court reporter is present.
A Final Pretrial Management Conference is conducted.
IT IS ORDERED ruling on the parties’ Motions in Limine as follows:
1.
Denying without prejudice Defendants’ Motion in Limine No. 1 Regarding Other
Approved Patios.
2.
Denying without prejudice Defendants’ Motion in Limine No 2. Regarding the
Mayor’s Front Porch Initiative.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/10/2008
Docket Code 027
Form V000A
Page 2
IT IS ORDERED affirming the trial date of March 27, 2008, at 9:30 a.m., four (4)
days to a jury, in this division. Counsel are to be present at 9:00 a.m. to discuss any pretrial
matters. The court conducts jury trials Tuesday through Thursday, 9:30 a.m. to noon and 1:30
p.m. to 4:30 pm. and on Friday, March 28, 2008, from 1:30 p.m. to 4:30 p.m. There will be a
morning and afternoon recess of 15 minutes.
IT IS FURTHER ORDERED AS FOLLOWS:
1.
The court will conduct voir dire. At the conclusion of the court's questioning, each
side will have an opportunity to ask questions of the panel.
2.
There will be 1 alternate selected for the trial. The parties have stipulated that if
only 7 jurors remain at the close of evidence, a verdict of 5 out of 7 shall be sufficient to render a
verdict. If all 9 jurors remain at the close of evidence, the parties have agreed that all jurors shall
deliberate and that a verdict of 7 of 9 will be sufficient to render a verdict.
3.
A court reporter has not been requested in writing by any party.
4.
Counsel invokes Arizona Rule of Evidence 615 (Rule of Exclusion of Witnesses).
5.
The court informs the parties that all exhibits are due to the clerk no later than
March 20, 2008. The parties shall not submit duplicative exhibits. Counsel may e-mail the list of
exhibits with their descriptions the clerk at [email protected].
6.
Counsel shall provide each other with any demonstrative exhibits they intend to
use at least 24 hours prior to trial.
12:10 p.m. Matter concludes.
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. (See
Notice below) 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, a written request must be received by the Court at
least 48 hours before the hearing.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/10/2008
Docket Code 027
Form V000A
Page 3
NOTICE
New Fee for Copies of Electronically Recorded Proceedings:
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of
superior court proceedings digitally recorded and provided on compact Disc (CD) and for each
copy of a superior court proceeding provided on videotape. The fee is due when the CD or
videotape is picked up. Cash and in-state checks will be accepted for payment. Please make
checks payable to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services,
602-506-7100 or [email protected].
Request for Daily Copy of Electronically Recorded Proceedings:
Obtain a form from the courtroom clerk or 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 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/01/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/27/2008
Docket Code 012
Form V012
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
STEPHEN W TULLY
TRIAL MINUTE ENTRY
DAY 1
Courtroom 704 – Central Court Building
Prior to the commencement of Trial, Plaintiffs’ Exhibits 1 through 56 and Defendants’
Exhibits 57 through 61 are marked for identification.
9:28 a.m. This is the time set for Trial to a Jury. Plaintiffs, Craig and Jill Early are
present with counsel, Stephen L. Tunney. Defendants, Tatum Ranch Homeowners Association
are represented by counsel, Stephen W. Tully.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Trial scheduling and preliminary matters are discussed.
IT IS ORDERED nunc pro tunc correcting the Final Pretrial Management Conference
minute entry dated March 10, 2008, page 2, by eliminating the following order:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/27/2008
Docket Code 012
Form V012
Page 2
“If all 9 jurors remain at the close of evidence, the parties have agreed that all jurors
shall deliberate and that a verdict of 7 of 9 will be sufficient to render a verdict.”
The balance of the minute entry remains.
9:54 a.m. Court stands at recess.
10:07 a.m. Court resumes with respective counsel and parties present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
The entire jury panel is present.
Voir dire examination of prospective jurors.
Jurors # 5, 9, and 17 are excused for cause and replaced with jurors # 20, 21, and 22.
10:57 a.m. Bench conference is held.
Counsel pass the panel.
11:00 a.m. Court stands at recess.
11:37 a.m. Court resumes with respective counsel and parties present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Nine (9) persons are selected and sworn to act as trial jurors in this cause.

FILED: Jury List

The Preliminary Instructions are read to the jury by the court.

FILED: Preliminary Instructions
11:52 a.m. The jury panel is admonished and court stands at recess.
1:27 p.m. Court resumes with respective counsel and parties present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/27/2008
Docket Code 012
Form V012
Page 3
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
The jury is not present.
Pursuant to stipulation of the parties,
Plaintiffs’ Exhibits 1, 2, 3, 7, 8, 9, 11, 13, and 15 are received in evidence.
Defendants’ Exhibits 57 and 59 are received in evidence.
1:29 p.m. The jury returns to the courtroom and trial proceeds.
Opening statements are presented.
Plaintiffs’ case:
Craig Early is sworn and testifies.
Plaintiffs’ Exhibit 4 is received in evidence.
Plaintiffs’ Exhibit 5 is received in evidence.
Plaintiffs’ Exhibit 6 is offered and not received in evidence.
Plaintiffs’ Exhibit 10 is received in evidence.
Bench conference is held.
Plaintiffs’ Exhibit 12 is offered and not received in evidence.
Plaintiffs’ Exhibit 14 is received in evidence.
Plaintiffs’ Exhibit 16 is received in evidence.
Plaintiffs’ Exhibit 17 is received in evidence.
Bench conference is held.
Plaintiffs’ Exhibit 19 is offered and not received in evidence.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/27/2008
Docket Code 012
Form V012
Page 4
2:59 p.m. The jury is excused from the courtroom and court stands at recess.
3:18 p.m. Court resumes with respective counsel and parties present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
The jury returns to the courtroom and trial proceeds. .
Craig Early continues to testify.
Plaintiffs’ Exhibit 31 is received in evidence.
Bench conference is held.
Plaintiffs’ Exhibit 32 is offered and not received in evidence.
Bench conference is held.
Jill Early is sworn and testifies.
Plaintiffs’ Exhibit 33 is received in evidence.
Plaintiffs’ Exhibit 36 is received in evidence.
Plaintiffs’ Exhibit 20 is offered and not received in evidence.
Bench conference is held.
Plaintiffs’ Exhibit 22 is offered and not received in evidence.
The jury is excused for the evening recess.
4:20 p.m. Court stands at recess until 9:30 a.m., March 28, 2008.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/01/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/28/2008
Docket Code 012
Form V012
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
STEPHEN W TULLY
TRIAL MINUTE ENTRY
DAY 2
Courtroom 704 – Central Court Building
FILED: Deposition of Craig L. Early dated November 14, 2007
FILED: Deposition of Jill E. Early dated November 14, 2007
9:29 a.m. Trial to a Jury continues from March 27, 2008. Plaintiffs, Craig and Jill Early
are present with counsel, Stephen L. Tunney. Defendants, Tatum Ranch Homeowners
Association are represented by counsel, Stephen W. Tully.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Conference is conducted between the court, counsel, and Juror # 4.
9:36 a.m. The jury is now present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/28/2008
Docket Code 012
Form V012
Page 2
Plaintiffs’ case continues:
Sean Bodkin is sworn and testifies.
Bench conference is held.
The witness is excused.
10:13 a.m. The jury is excused from the courtroom and court stands at recess.
10:33 a.m. Court resumes with respective counsel and parties present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Bench conference is held.
The jury returns to the courtroom and trial proceeds.
Rick Nowell is sworn and testifies.
The witness is excused subject to recall.
Plaintiffs’ rest.
Bench conference is held.
Defendants’ case:
Rick Nowell resumes the stand and testifies further.
The court has received a juror question, same is discussed with counsel and the court asks
the witness the question.
FILED: Juror Question (1)
The witness is excused.
Bench conference is held.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/28/2008
Docket Code 012
Form V012
Page 3
11:24 a.m. The jury is excused from the courtroom; court remains in session.
Counsel for the Plaintiffs makes a motion for judgment as a matter of law.

Oral argument is presented.

IT IS ORDERED denying Plaintiffs’ motion for judgment as a matter of law.
Counsel for the Defendants makes a motion for judgment as a matter of law.
Oral argument is presented.
IT IS ORDERED taking this matter under advisement.
11:38 a.m. Court stands at recess.
1:35 p.m. Court resumes with respective counsel and parties present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
The jury is not present.
For the reasons stated on the record,
IT IS ORDERED denying Defendants’ motion for judgment as a matter of law.
Defendants rest.
1:44 p.m. The jury returns to the courtroom and are instructed to return at 9:30 a.m.,
April 1, 2008; court remains in session.
Discussion is held regarding jury instructions.
1:46 p.m. Court stands at recess.
3:11 p.m. Court resumes with respective counsel and parties present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
03/28/2008
Docket Code 012
Form V012
Page 4
Instructions are settled and verdicts are prepared.
Counsel stipulate that the alternate juror shall not be excused and the entire jury panel of
nine shall deliberate with a verdict of 7 of 9 being sufficient.
3:45 p.m. Court stands at recess until 9:30 a.m., April 1, 2008.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/03/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
04/01/2008
Docket Code 012
Form V012
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
STEPHEN W TULLY
TRIAL MINUTE ENTRY
DAY 3
Courtroom 704 – Central Court Building
10:00 a.m. Trial to a Jury continues from March 28, 2008. Plaintiffs, Craig and Jill Early
are present with counsel, Stephen L. Tunney. Defendants, Tatum Ranch Homeowners
Association are represented by counsel, Stephen W. Tully.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
The jury is not present.
Discussion is held regarding instructions and verdict forms.
For the reasons stated on the record,
The fiduciary duty instructions shall not be read to the jury and the damages claim shall
not be included in the verdict form.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
04/01/2008
Docket Code 012
Form V012
Page 2
10:25 a.m. Court stands at recess.
10:31 a.m. Court resumes with respective counsel and parties present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
The jury is now present.
The jury is instructed by the court as to the law applicable to this cause.

FILED: Final Instructions of Law
Bench conference is held.
Closing arguments are presented.
11:22 a.m. The jury retires in charge of sworn bailiffs to consider their verdict.
1:36 p.m. The jury is all present in the jury box and by their Foreperson return into court
their verdict, which is read and recorded by the clerk and is as follows:

“We, the Jury, duly empanelled and sworn in the above entitled action, upon our
oaths, do find that Defendants, Tatum Ranch Homeowners Association DID breach its
duty to act reasonably or fairly as to the Plaintiffs, Craig and Jill Early.”

The jurors who signed the verdict reply that this is their true verdict.

FILED: Verdict

The jury is thanked by the court and excused from further consideration of this cause.
Discussion is held.

1:42 p.m. Trial concludes.
Pursuant to the verdict entered, and there being no further need to retain the exhibits not
offered in evidence in the custody of the clerk,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
04/01/2008
Docket Code 012
Form V012
Page 3
IT IS ORDERED that the Jury Fees be assessed against, Defendants, Tatum Ranch
Homeowners Association in the sum of $ 584.82, all in accordance with the formal written
Judgment for Jury Fees signed by the court and filed (entered) by the clerk on April 1, 2008.
IT IS FURTHER ORDERED that the clerk permanently release all exhibits not offered
in evidence to counsel causing them to be marked, or to their written designee. Counsel shall
have the right to refile relevant exhibits as needed in support of any appeal. Refiled exhibits
must be accompanied by a Notice of Refiling Exhibits and presented to the Exhibits Room of the
Clerk's Office. The Court's exhibit tag must remain intact on all refiled exhibits.
IT IS FURTHER ORDERED that counsel take immediate possession of all exhibits
referenced above.
ISSUED: Exhibit Release Form (2)
FILED: Exhibit Worksheet; Trial/Hearing Worksheet

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/07/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
05/06/2008
Docket Code 094
Form V094
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
STEPHEN W TULLY
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument on Defendant’s Objection to Plaintiffs’
Proposed Form of Judgment (filed April 23, 2008); Defendant’s Objection to Plaintiffs’
Statement of Costs (filed April 21, 2008); and Defendant’s Renewal of its Motion for
Judgment as a Matter of Law or in the Alternative Request for New Trial (filed April 21, 2008)
on June 30, 2008, at 10:00 a.m. for one hour in this division.
The Honorable John A. Buttrick
Maricopa County Superior Court
Central Court Building
Courtroom 704
201 West Jefferson Street
Phoenix, AZ 85003
Phone: 602-506-0971
IT IS FURTHER ORDERED:
Oral argument shall not exceed 30 minutes for each side. If extended oral argument is
necessary, counsel must so advise the Court no later than four court days prior to the date set for
hearing so that oral argument can be rescheduled.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
05/06/2008
Docket Code 094
Form V094
Page 2
Any motion or stipulation for continuance must be filed with the Court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
All memoranda and affidavits regarding the motion must be filed and copies lodged with
this division no later than four court days prior to the date set for hearing.
Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules Of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1 (b), A.R.C.P.
Counsel and any self-represented parties are advised that the Clerk of the Maricopa
County Superior Court has converted its case files to an electronic format and case files are
no longer made available to the divisions. Therefore, it is imperative that counsel follow
Maricopa County Local Rule 3.2 which requires counsel to deliver copies of motions and
responses to the division.
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. (See
Notice below) 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, a written request must be received by the Court at
least 48 hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings:
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of
superior court proceedings digitally recorded and provided on compact Disc (CD) and for each
copy of a superior court proceeding provided on videotape. The fee is due when the CD or
videotape is picked up. Cash and in-state checks will be accepted for payment. Please make
checks payable to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
05/06/2008
Docket Code 094
Form V094
Page 3
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services,
602-506-7100 or [email protected].
Request for Daily Copy of Electronically Recorded Proceedings:
Obtain a form from the courtroom clerk or 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 fee and present both the receipt and the
form to the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded
previously, please call Electronic Records Services at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/13/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
06/12/2007
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
BOB J MCCULLOUGH
RULE 16 PRETRIAL CONFERENCE SET

The Court having received Plaintiff’s Request for Rule 16 Scheduling Conference,

IT IS ORDERED setting a 15-minute Comprehensive Pretrial Conference pursuant to
Rule 16(b) A.R.C.P. for July 30, 2007 at 4:00 p.m.
Before:

Hon. John A. Buttrick

Maricopa County Superior Court
Central Court Building

Courtroom 704; Suite 7D
Phoenix, AZ 85003-2205
PHONE: 602-506-0971

IT IS FURTHER ORDERED that at least five (5) days prior to the scheduling
conference, the parties shall personally meet, confer, and prepare a Joint Pretrial Conference
Memorandum which specifically addresses the matters set forth in Rule 16(b)(1)-(18)A.R.C.P.
and a Discovery Scheduling Order setting forth those matters required under Rule 16(B)(1)-

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
06/12/2007
Docket Code 041
Form V000A
Page 2
(4)A.R.C.P. The memorandum shall be furnished to the Court no later than 5 days before the
Pretrial Conference setting forth the following:
1.
The parties' proposed schedule for additional discovery including depositions and all
other discovery pursuant to the rules of procedure or as agreed upon by the parties.
NOTE: The date for disclosure of non-expert witnesses must be at least forty-five days
before the completion of discovery.
2.
The parties' proposed schedule for disclosure of expert witnesses and designation
pursuant to Rule 26(b)(4).
NOTE: The disclosure should be within ninety days of the scheduling conference except
upon a showing of good cause.
3.
The parties' proposed schedule for any agreed upon amendments to the pleadings and any
requested amendments to the pleadings.
4.
The parties' proposed date for a settlement conference.
The parties' proposed date for trial.
NOTE: The parties should come to the scheduling conference with the trial calendars of
the attorneys responsible for trial.
If there are any discovery disputes, they must be filed with the Court by motion at least
ten days prior to the scheduling conference. A response must be filed not less than three days
prior to the conference. No reply will be filed. The Court will assess any appropriate sanction if
the Court finds that any party or attorney engaged in unreasonable, groundless, abusive or
obstructionist discovery.
All counsel shall personally meet, confer, and prepare a Joint Pretrial Conference Memorandum
which specifically addresses the matters set forth in Rule 16(b)(1)-(18)A.R.C.P. and a Discovery
Scheduling Order setting forth those matters required under Rule 16(B)(1)-(4)A.R.C.P. The
memorandum shall be furnished to the Court no later than 5 DAYS BEFORE the Pretrial
Conference.
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. (See Notice
below) 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
06/12/2007
Docket Code 041
Form V000A
Page 3
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, a written request must be received by the Court at least 48
hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of superior
court proceedings digitally recorded and provided on compact Disc (CD) and for each copy of a
superior court proceeding provided on videotape. The fee is due when the CD or videotape is
picked up. Cash and in-state checks will be accepted for payment. Please make checks payable
to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or 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 fee and present both the receipt and the form to
the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
please call Electronic Records Services at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/02/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
06/30/2008
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
C. Castro
Deputy
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
STEPHEN W TULLY
JUDGMENT SIGNED
Courtroom 704 – Central Court Building
10:07 a.m. This is the time set for oral argument re: Defendant’s Objection to Plaintiffs’
Proposed Form of Judgment (filed April 23, 2008); Defendant’s Objection to Plaintiffs’
Statement of Costs (filed April 21, 2008); and Defendant’s Renewal of its Motion for Judgment
as a Matter of Law or in the Alternative Request for New Trial (filed April 21, 2008). Plaintiffs
are represented by counsel, Stephen L. Tunney. Defendants are represented by counsel, Stephen
W. Tully.
A record of the proceedings is made by digital audio/video in lieu of a court reporter.
Oral argument is presented.
IT IS ORDERED taking these matters under advisement.
11:04 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
06/30/2008
Docket Code 049
Form V000A
Page 2
LATER:
Defendants’ have no objection to Plaintiffs’ Second Revised Statement of Costs, filed
May 2, 2008.
Defendant’s Renewal of its Motion for Judgment as a Matter of Law or in the Alternative
Request for New Trial (filed April 21, 2008) is denied.
IT IS ORDERED approving and settling formal written Judgment signed by the Court
and filed (entered) by the Clerk this date.
Plaintiffs may file an amended attorneys’ fees application.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
07/24/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
S. Brown
Deputy
FILED: 07/25/2006
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
BOB J MCCULLOUGH
COURT ADMIN-CIVIL-CCC
MINUTE ENTRY
A Motion to Set and Certificate of Readiness having been filed,
Pursuant to calendar rotations,
IT
IS
ORDERED
REFERRING
THIS
CASE
TO
CIVIL
COURT
ADMINISTRATION FOR REASSIGNMENT TO JUDGE DOUGLAS RAYES.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/02/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
07/30/2007
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN A. BUTTRICK
T. Melius
Deputy
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
BOB J MCCULLOUGH
ALTERNATIVE DISPUTE
RESOLUTION - CCC
COMPREHENSIVE PRETRIAL CONFERENCE
TRIAL SETTING MINUTE ENTRY
IN CHAMBERS: 4:00 p.m. This is the time set for Comprehensive Pretrial Conference.
Plaintiff is represented by counsel, Stephen L. Tunney. Defendant is represented by counsel, Bob J.
McCullough.
No court reporter is present.
A Comprehensive Pretrial Conference is conducted.
THIS IS A TRIAL SETTING ORDER. PLEASE READ CAREFULLY FOR
COMPLIANCE.
IT IS ORDERED as follows:
1.
Setting this matter for Trial to a Jury at 9:30 a.m., on March 27, 2008, before

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
07/30/2007
Docket Code 089
Form V000A
Page 2
The Honorable John A. Buttrick
Maricopa County Superior Court
Central Court Building, Courtroom 704
201 West Jefferson Street
Phoenix, AZ 85003
PHONE: 602-506-0971
Estimated length of trial: Four (4) Days.
THIS IS A FIRM TRIAL SETTING. A MOTION TO CONTINUE BASED ON LACK OF
PREPARATION WILL ORDINARILY NOT BE GRANTED.
2.
A Final Pretrial Conference is set for March 10, 2008 at 11:30 a.m.
DUTIES PRIOR TO THE FINAL PRETRIAL CONFERENCE
3.
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 5:00 p.m.,
September 30, 2007.
B.
Discovery Cut-Off:
All discovery shall be completed by 5:00 p.m.,
November 30, 2007.
C.
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 5:00 p.m., December 14, 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.
D.
Pretrial Motions. All pretrial motions, other than Motions in Limine, shall
be filed no later than 5:00 p.m., December 14, 2007.
4.
SETTLEMENT CONFERENCE. The parties shall participate in a mandatory
Settlement Conference. This case is referred to the court's Alternative Dispute Resolution for the
appointment of a judge pro tempore to conduct a settlement conference. Counsel and/or the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
07/30/2007
Docket Code 089
Form V000A
Page 3
parties will receive a minute entry from ADR appointing the judge pro tempore. Counsel and
any "pro per" parties 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 not later than November 30, 2007. The Office of Alternative Dispute
Resolution will not do the scheduling of the settlement conference so please do not contact that
office.
IT IS FURTHER ORDERED the parties (and insurance adjusters) must personally attend
and participate in the Settlement Conference. The Settlement Conference must be held and the
parties must participate in good faith even if no settlement is expected.
5.
MOTIONS IN LIMINE. All Motions in Limine shall be filed no later than 5:00
p.m., February 11, 2008. Such motions must meet the test of State v. Superior Court, 108 Ariz.
396, 397; 499 P.2d 152 (1972): The primary purpose of a Motion in Limine is to avoid disclosing to
the jury prejudicial matters which may compel a mistrial. See also, Ariz. R. Evid. 103(c). A written
response to a Motion in Limine may be filed no later than ten (10) days thereafter. The court may
rule on Motions in Limine without oral argument. No replies shall be filed.
6.
JOINT PRETRIAL STATEMENT. Before the Final Pretrial Conference,
counsel shall deliver to the trial judge by March 5, 2008 a copy of the Joint Pretrial Statement
signed by all counsel.
Deposition Summary: In addition to the information required by Rule 16(d),
counsel shall at the Final Pretrial Conference provide to the Court copies of any deposition
transcripts to be read to the jury. The offering party will highlight the portions to be read,
the other side will highlight Rule 106 additions, and any objections for the court to rule on
will be clearly marked in the margin. The parties are encouraged to agree on narrative
summaries of deposition testimony, using brief question and answer excerpts only to
emphasize very important testimony or to cover areas of testimony that cannot be
summarized to the satisfaction of all counsel. No stipulation should be unreasonably
refused.
Final Trial Witnesses: In addition to the information required by Rule 16(d), the
Joint Pretrial Statement shall include an exhibit titled: Final Trial Witness List. This list
shall contain the name of each witness a party actually intends to call at trial, the day on
which they intend to call each witness and the estimated time needed for direct, cross and re-
direct examination.
7.
JURY INSTRUCTIONS; VOIR DIRE QUESTIONS. No less than one (1) week
before the Final Pretrial Conference, counsel shall meet and agree on as many proposed jury

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
07/30/2007
Docket Code 089
Form V000A
Page 4
instructions as possible. Three judicial days before the Final Pretrial Conference, counsel shall
deliver to the trial judge, with their Joint Pretrial Statement, copies of:
1.
Proposed voir dire questions.
2.
A joint set of agreed-upon preliminary, and final jury
instructions and proposed forms of verdicts.
3.
Separate sets of requested instructions that have not been
agreed upon. Please read Rosen v. Knaub, 175 Ariz. 329; 85 P.2d
381 (1993) and the RAJI Civil 3d Statement of Purpose and
Approach before preparing requests for non-RAJI instructions.
Recommended Arizona Jury Instructions (RAJI) need not be typed and may be requested in
the following manner: RAJI 3d Standard 1 - Duty of Jurors. Non-RAJI instructions should be
typed. Each instruction should cover only one subject.
DUTIES AT FINAL PRETRIAL CONFERENCE
8.
At the Final Pretrial Conference, counsel shall be prepared to discuss:
1.
Time limits in voir dire, opening statements, examination of
witnesses and closing arguments.
2.
Stipulations for the foundation and authenticity of exhibits.
3.
Preliminary jury instructions, juror notebooks (counsel shall
bring any proposed juror notebooks to the conference), mini opening
statements and voir dire.
4.
Agreed-upon deposition summaries and excerpts from
deposition transcripts and the editing of any videotaped depositions.
5.
Use of short-trial or summary jury trial.
6.
Any special scheduling or equipment issues.
9.
Counsel shall call the division clerk at least one week before trial to make
arrangements for marking exhibits. The exhibits will be marked serially as they are listed in the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
07/30/2007
Docket Code 089
Form V000A
Page 5
Joint Pretrial Statement -- Plaintiff's first, Defendant's second. Please advise the clerk, by signed
stipulation or on the record referring specifically to the Joint Pretrial Statement, which exhibits may
be marked directly into evidence.
10.
One day's jury fees will be assessed unless the court is notified of settlement before
2:00 p.m. on the judicial day before the trial. Counsel are reminded to promptly notify the court of
any settlement pursuant to Ariz.R.Civ.P. 5.1(c).
Matter concludes.
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. (See
Notice below) 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, a written request must be received by the Court at
least 48 hours before the hearing.
NOTICE
New Fee for Copies of Electronically Recorded Proceedings
Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of
superior court proceedings digitally recorded and provided on compact Disc (CD) and for each
copy of a superior court proceeding provided on videotape. The fee is due when the CD or
videotape is picked up. Cash and in-state checks will be accepted for payment. Please make
checks payable
to: Clerk of the Superior Court.
Blank, unused CDs and videotapes will not be accepted in lieu of payment.
Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
07/30/2007
Docket Code 089
Form V000A
Page 6
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services,
602-506-7100 or [email protected]
Request for Daily Copy of Electronically Recorded Proceedings
Obtain a form from the courtroom clerk or 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 fee and present both the receipt and the
form to the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded
previously, please call Electronic Records Services at 602-506-7100.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/05/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
12/04/2006
Docket Code 530
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
CRAIG EARLY, et al.
STEPHEN L TUNNEY
v.
TATUM RANCH HOMEOWNERS
ASSOCIATION, et al.
BOB J MCCULLOUGH
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 PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. 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 December 18, 2006 and
mandatory e-filing will commence on January 8, 2007. Filing by conventional means may
continue until this mandatory date. ALL FILINGS NOT E-FILED AFTER THE
MANDATORY DATE WILL NOT BE CONSIDERED BY THE DIVISION UNTIL
PROPERLY E-FILED.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-013188
12/04/2006
Docket Code 530
Form V000A
Page 2
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 parties and attorneys of
record in this 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.
Upon the mandatory e-filing date, all attorneys of record shall e-file all pleadings in
accordance with the guidelines set forth in Administrative Order 2005-091. Self-represented
parties or pro per litigants, and other case participants like Moderators, Arbitrators, and Special
Discovery Masters are strongly encouraged to e-file all pleadings. If a self-represented party, or
other case participant chooses to file their pleading in paper, they shall include a notation just
under the case number on the first page of the pleading that the case is an “E-FILE CASE”.
The e-filing system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
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.
E-Filed Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
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 of a cross-motion bearing the same designation.

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