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Maricopa County Superior Court Case CV2006-013316: public docket details, parties, minute entries, documents, and official source links for Warner Ranch Association.

Case Number

CV2006-013316

County

Maricopa

Caption

Not captured

Filed

8/30/2006

Case Type

Civil

Judge

Fox, Dewain

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/28/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
03/25/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
MINUTE ENTRY
The Court is in receipt of and has considered Plaintiff’s Motion for Summary Judgment,
Defendants’ Opposition to same, and Plaintiff’s Reply thereto. Having considered the foregoing,
IT IS ORDERED denying Plaintiff’s Motion for Summary Judgment.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/01/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
03/26/2009
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
J. Rutledge
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
TRIAL MINUTE ENTRY
DAY ONE
Courtroom CCB-401
Prior to commencement of trial, Plaintiff’s exhibits 1 through 81, 101 through 110 and
Defendant’s exhibits 82 through 100 are marked for identification.
FILED:
Deposition of Daniel E. Shook dated May 6, 2008;
Deposition of Sandra C. Shook dated May 6, 2008
9:33 a.m. Trial to the Court. Plaintiff is present and represented by counsel, Johnny J.
Sorenson. Defendants, Daniel and Sandra Shook are present and represented by counsel,
Howard R. Gaines.

Court Reporter, Marylynn LeMoine, is present.
The Rule of Exclusion of Witnesses is invoked.
Let the record reflect that Mr. Farid Melki shall be the designated representative for
Plaintiff.
Opening statements.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
03/26/2009
Docket Code 012
Form V000A
Page 2
Exhibits 1 through 8 and 10 through 110 are received in evidence.
Plaintiff’s case:
Melanie Zimmer is sworn and testifies.
Exhibit 111 is marked for identification and received in evidence.
11:13 a.m. The court stands at recess.
11:26 a.m. Court reconvenes with the parties and respective counsel present.
Court Reporter, Marylynn LeMoine, is present.
Melanie Zimmer resumes the stand and testifies further.
The witness is excused.
11:50 a.m. The court stands at recess.
1:46 p.m. Court reconvenes with the parties and respective counsel present.
Court Reporter, Marylynn LeMoine, is present.
Donald Ball is sworn and testifies.
The witness is excused.
2:58 p.m. The court stands at recess.
3:09 p.m. Court reconvenes with the parties and respective counsel present.
Court Reporter, Marylynn LeMoine, is present.
Farid Melki is sworn and testifies.
Daniel E. Shook is sworn and testifies.
Plaintiff rests.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
03/26/2009
Docket Code 012
Form V000A
Page 3
4:28 p.m. The court stands at recess until March 27, 2009 at 9:30 a.m.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/01/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
03/27/2009
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
J. Rutledge
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
TRIAL MINUTE ENTRY
DAY TWO
Courtroom CCB-401
9:32 a.m. Trial to the Court. Plaintiff is present and represented by counsel, Johnny J.
Sorenson. Defendants, Daniel and Sandra Shook are present and represented by counsel,
Howard R. Gaines.
Court Reporter, Karen Bolton, is present.
Defendants’ case:
Donald Alexander is sworn and testifies.
The witness is excused.
Robert McMichael is sworn and testifies.
The witness is excused.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
03/27/2009
Docket Code 012
Form V000A
Page 2
Defense Counsel presents a letter to the Court regarding Exhibit 9.
For the reasons set forth on the record, the Exhibit 9 issue is moot.
10:48 a.m. The court stands at recess.
11:03 a.m. Court reconvenes with the parties and respective counsel present.
Court Reporter, Karen Bolton, is present.
Sandra Shook is sworn and testifies.
Defendants’ Exhibits 112 and 113 are marked for identification and received in evidence.
11:45 a.m. The court stands at recess.
1:38 p.m. Court reconvenes with the parties and respective counsel present.
Court Reporter, Karen Bolton, is present.
Sandra Shook resumes the stand and testifies further.
Closing arguments.
IT IS ORDERED taking this matter under advisement.
3:07 p.m. Trial Concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/25/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
04/18/2008
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
JURY TRIAL SET
9:00 a.m. In chambers: This is the time set for Telephonic Status Conference. All
parties appear telephonically. Plaintiff is represented by counsel, Johnny J. Sorenson.
Defendants are represented by counsel, Howard R. Gaines.
Court Reporter, Marylynn LeMoine, is present.
Discussion is held.
IT IS ORDERED setting Trial to a Jury on December 2, 2008 at 9:30 a.m. (time
allotted: Four (4) days) before:
HONORABLE A. CRAIG BLAKEY, II
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
602-506-7806

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
04/18/2008
Docket Code 089
Form V000A
Page 2
THIS IS A FIRM TRIAL SETTING.
IT IS FURTHER ORDERED setting a Pretrial Management Conference (PTMC) on
November 17, 2008 at 9:00 a.m. (time allotted: 45 minutes). The Pretrial Management
Conference shall be governed by the Pretrial Management Orders issued this date.
No information disclosed after the dates contained in the order may be used at the trial
absent court order on motion and affidavit.
IT IS FURTHER ORDERED that should any discovery disputes arise, counsel shall
MEET AND CONFER pursuant to Rule 37 and file a motion to compel or motion for protective
order.
PRETRIAL MANAGEMENT ORDERS
IT IS ORDERED that the Joint Pretrial Statement (JPTS) in accordance with Rule 16(d),
A.R.Civ.P., is due in this division by 5:00 p.m. on November 10, 2008.
IT IS FURTHER ORDERED with the JPTS, counsel shall deliver to this division, copies
of the following:
A. A joint set of agreed-upon preliminary and final jury instructions.
This does not include Preliminary Civil RAJI or Standard Civil RAJI 1 – 15, which the
Court will give without request.
B. Separate sets of requested instructions that have not been agreed upon.
Please read Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381 (1993), and the RAJI Civil
Statement of Purpose and Approach before preparing the request for non-RAJI
instructions.
C. Proposed Findings of Fact and Conclusions of Law, if a request has been
or will be filed Pursuant to Rule 52. If no proposed Findings of Fact and Conclusions of
Law is received, the request shall be deemed waived.
D. Proposed voir dire questions that the Court will give.
E. Counsel shall jointly prepare a brief summary of the case which the Court
will read to the jury at the commencement of voir dire.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
04/18/2008
Docket Code 089
Form V000A
Page 3
F. Counsel are to identify in/with the JPTS all deposition or other transcribed
testimony that may be offered at trial. The proposed testimony is to be identified by
reference to page and line numbers. Objections, if any, to such testimony, and the
reasons for such objections, are also to be set forth.
MOTIONS IN LIMINE
Motions in limine shall be filed only in accordance with Rule 7.2, Ariz. R. Civ. P.
Motions in limine shall be filed 30 days before the PTMC and such motions must meet the test of
State v. Superior Court, 108 Ariz. 396, 397, 499 P.2d 152 (1972). A written response to a motion
in limine may be filed no later than ten (10) days thereafter. The Court will rule on the motions
in limine without oral argument. If the Court wishes to hear argument, the argument will be
heard at the PTMC. No replies shall be filed.
Unless prior leave of the Court is obtained for good cause shown, no party may file
more than five motions in limine, including all subparts.
MARKING EXHIBITS
All parties must contact the Clerk of this division at 602-506-7451, no later than
November 11, 2008, regarding the proper procedures for submitting exhibits to be marked for
trial in this Division.
No later than November 18, 2008, all parties shall deliver their exhibits. The parties are
directed to meet in person to exchange the exhibits before coming to court. The parties will
make sure that they do not bring to the clerk a set of exhibits that include duplicate exhibits.
The parties should not reserve exhibit numbers for all Defendant’s exhibits, all Plaintiff’s
exhibits, miscellaneous demonstrative exhibits, and the like. The parties shall also present
original depositions for filing at that time.
If the parties agree to stipulate exhibits into evidence prior to commencement of
trial, a written stipulation to admit specified exhibits in evidence must be provided to the
Clerk of this division with the exhibits.
Exhibits are marked in numerical order per party, making it necessary to mark all of one
party’s exhibits before marking the other party’s. Accordingly, the Defendant’s exhibits
numbering shall start at the next number following the last of Plaintiff’s exhibits. (For example,
Plaintiff submits 82 exhibits, which are marked Exhibit 1 through 82. Defendant submits 63
exhibits, which are marked 83 through 145). Please do not combine the parties’ exhibits. Each
side’s exhibits must be submitted separately and in numerical order.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
04/18/2008
Docket Code 089
Form V000A
Page 4
With regard to trial exhibits, the parties are strongly discouraged from marking
exhibits they do not anticipate using during trial. The parties shall include a section in the
Joint Pretrial Statement regarding exhibits that may be used during trial (and need not be
initially marked), separate and apart from those exhibits the parties know will be used and
should be initially marked as trial exhibits in this case.
IT IS FURTHER ORDERED that the parties, at the PTMC, shall be prepared to discuss:
A. Limits on voir dire.
B. Jury instructions (preliminary and final), mini-opening statements and voir
dire.
C. Agreed-upon deposition summaries and excerpts from deposition
transcripts and the editing of videotaped depositions.
Narrative summaries with brief excerpts of deposition question and
answer testimony are preferred at trial rather than the reading of deposition
testimony.
D. Any special scheduling or equipment issues.
E. Status of settlement of the case.
COUNSEL WHO WILL BE THE TRIAL LAWYERS ON THE CASE ARE REQUIRED TO
ATTEND THE PRETRIAL MANAGEMENT CONFERENCE.
FAILURE OF TRIAL COUNSEL TO ATTEND THE PRETRIAL MANAGEMENT
CONFERENCE MAY RESULT IN PERSONAL SANCTIONS.
SETTLEMENT
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 trial.
9:05 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/27/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
05/26/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
J. Rutledge
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
RULING
This matter has been under advisement following the parties’ trial to the bench. Plaintiff
seeks the Court’s declaration that the Defendants are responsible for the repair and maintenance
of a wall that borders the Defendants’ property and the land behind it on Knox Road in Tempe,
Arizona. Defendants respond that Plaintiff is responsible for the masonry fence because it is a
boundary wall built by Plaintiff’s predecessor in interest, the developer UDC Homes. Having
considered the testimony of the witnesses, the evidence admitted, and the oral arguments
presented by counsel, the Court makes the following ruling.
The Court finds that the wall sits entirely on property owned by Defendants.
The Court further finds that the City of Tempe owns the property between Knox Road
and the subject wall.
The Court further finds that the wall bulges toward Knox Road in an area approximately
eighty feet in width. This bulging is caused by a surcharge due to a build-up of soil on the
Defendants’ side of the wall and/or hydrostatic pressure from that side.
The Court further finds that the wall is unsightly, structurally compromised, and poses a
safety risk to pedestrians on the Knox side of the wall.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
05/26/2009
Docket Code 019
Form V000A
Page 2
The Court finds that this boundary wall does not border a common area subject to the
control and maintenance by the Plaintiff.
The Court further finds that damage to the wall, or any additions to it, all occurred after
the Developer transferred the property outside the wall to the City of Tempe.
In light of the foregoing,
The Court finds that the Defendants are responsible for the repair and maintenance of
said wall. Accordingly,
IT IS ORDERED granting judgment in favor of Plaintiff and against the Defendants.
Plaintiff shall lodge a proposed form of judgment, an application for an award of attorney’s fees
and costs, as well as the appropriate affidavit in support of same.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/11/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
06/07/2007
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RUTH H. HILLIARD
L. Gilbert
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
PRETRIAL STATUS/SCHEDULING CONFERENCE SET
The Court having received and reviewed Plaintiff’s Motion to Set and Certificate of
Readiness and Request for Rule 16 Pretrial Scheduling Conference,
IT IS ORDERED setting a Telephonic Rule 16(b) Pretrial Status/Scheduling Conference
for August 2, 2007 at 8:30 a.m., before Judge A. Craig Blakey, II, Suite 4C, Fourth Floor, Central
Court Building, 201 West Jefferson, Phoenix, AZ 85003.
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division (602-506-7806) promptly at the scheduled time.
All counsel are directed to meet personally before the scheduling conference to discuss
all of the matters set forth in Rules 16(a) and (b), A.R.C.P. Counsel shall prepare and file with
the Court five working days before the conference, a Joint Pretrial Memorandum in accordance
with Rule 16(a) and (b) and include a proposed trial date agreed upon by all counsel.
Counsel are reminded that the Court will impose sanctions against counsel and/or their
clients for failure to participate in good faith in the preparation of the Pretrial Statement or the
conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
06/07/2007
Docket Code 041
Form V000A
Page 2
NOTE: This Court requires a 120-day lead time for the filing of dispositive
motions.
NOTE: Effective June 25, 2007, this division's calendar will be reassigned to the
Honorable A. Craig Blakey, II.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/13/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
08/07/2007
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
MINUTE ENTRY
On the Court’s own motion,
IT IS ORDERED vacating the Telephonic Comprehensive Rule 16 Pretrial
Status/Scheduling Conference set this date and resetting same for August 21, 2007 at 9:30 a.m.
NOTE: Counsel for the Defendants is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division (602-506-7806) promptly at the scheduled time.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/24/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
08/21/2007
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
9:48 a.m. In chambers: This is the time set for Telephonic Pretrial Status/Scheduling
Conference. All parties appear telephonically. Plaintiff is represented by counsel, Johnny J.
Sorenson. Defendants are represented by counsel, Howard R. Gaines.
Discussion is held regarding the status of the case.
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
(1)
Plaintiff’s
expert
witnesses
and
opinions
shall
be
disclosed
by:
September 30, 2007.
Defendant’s
expert
witnesses
and
opinions
shall
be
disclosed
by:
October 30, 2007.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
08/21/2007
Docket Code 028
Form V000A
Page 2
Rebuttal experts shall be disclosed by: November 30, 2007.
(2)
All non-expert witnesses shall be disclosed by: November 30, 2007.
(3)
Discovery shall be completed by: February 15, 2008.
(4)
Dispositive Motions shall be filed by: February 29, 2008.
NOTE: All discovery and/or dispositive motions/partially dispositive motions
will be filed as individual and separate pleadings. Counsel shall not file any
dispositive motions as cross-motions or by way of a response or reply to a
dispositive motion.
(5)
The parties remaining in this action shall participate in comprehensive mediation
or settlement conference by April 11, 2008.
IT IS FURTHER ORDERED setting a Telephonic Status Conference re: Trial Setting on
April 18, 2008 at 9:00 a.m. (time allotted: 15 minutes), in this Division.
HONORABLE A. CRAIG BLAKEY, II
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
602-506-7806
IT IS FURTHER ORDERED that in no less than three days prior to the Status
Conference set herein, the parties shall submit a Joint Statement pursuant to A.R.C.P. 16(b) and
report to the Court the history and status of the efforts at Alternative Dispute Resolution pursuant
to A.R.C.P. Rule 16(g).
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division (602-506-7806) promptly at the scheduled time.
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel are
directed to confer pursuant to A.R.C.P. 26(g) and file a motion to compel or motion for
protective order.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
08/21/2007
Docket Code 028
Form V000A
Page 3
IT IS FURTHER ORDERED referring this case to the Court’s Alternative Dispute
Resolution for the appointment of a judge pro tempore to conduct a settlement conference.
Counsel and/or the 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 April 11, 2008. The Office of
Alternative Dispute Resolution will not do the scheduling of the settlement conference so please
do not contact that office. All counsel and their clients, or non-lawyer representatives who have
full and complete authority to settle the case, shall personally appear and participate in good faith
in the Settlement Conference. Sanctions may be imposed for failure to participate.
9:55 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/03/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
09/01/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
J. Rutledge
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
RULING
The Court is in receipt of Plaintiff’s Motion for Award of Attorneys’ Fees and Non-
Taxable Costs; Defendants’ Response; and Plaintiffs’ Reply thereto; Plaintiff’s Statement of
Costs and Notice of Taxation of Costs; as well as Plaintiff’s Notice of Lodging Second Proposed
Form of Judgment. Having considered the foregoing,
IT IS ORDERED accepting Plaintiff’s Statement of Costs and Notice of Taxation of Costs.
IT IS FURTHER ORDERED sustaining, in part, and denying, in part, Defendants’
objections to Plaintiff’s motion regarding attorneys’ fees and non-taxable costs; specifically
Defendants’ objections to attorneys’ fees incurred prior to notice of Plaintiff’s claim to the
Defendants. Therefore, the Court disallows all fees incurred through May 8, 2006. The Court
also strikes the time entry of March 28, 2008 in the amount of $120.00. Therefore, the Court has
reduced Plaintiff’s fees in the amount of $2,000.00 and will not grant Plaintiff’s request for an
additional $1,940.00 as set forth in its reply memorandum. With respect to Plaintiff’s Non-
Taxable costs,
IT IS ORDERED reducing Plaintiff’s request to only those amounts charged by its expert
witness, whose fees total $3,376.50.
In accordance with the foregoing, the Court this date has executed the Second Proposed
Form of Judgment.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/13/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
11/06/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
The Court is in receipt of the parties’ Stipulation re: Settlement Conferences and
Disclosure Deadline.
IT IS ORDERED granting the parties’ Stipulation.
IT IS FURTHER ORDERED referring this matter to the Court’s Alternative Dispute
Resolution Office for the appointment of a Judge Pro Tempore to conduct a settlement
conference. Counsel and/or the parties are instructed that ADR will not set the settlement
conference and therefore they should not contact the office of ADR. Counsel and/or the parties
will be notified by ADR by minute entry upon the appointment of a Judge Pro Tempore and at
that time counsel and/or parties should contact the appointed Judge Pro Tempore to arrange the
time and location for the settlement conference. The Judge Pro Tempore is requested to conduct
a settlement conference within 90 days of the issuance of this minute entry.
IT IS FURTHER ORDERED Defendants’ deadline for disclosing experts is extended to
two weeks after the parties’ settlement conference. All rebuttal experts shall be disclosed within
30 days thereafter. Discovery is extended to 60 days following the disclosure of rebuttal experts

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
11/06/2007
Docket Code 023
Form V000A
Page 2
and the filing of dispositive motions is extended to 75 days following said disclosure. All other
disclosure deadlines and the parties’ previously set status conference are affirmed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/21/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
11/17/2008
Docket Code 027
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
MINUTE ENTRY
9:07 a.m. This is the time set for Trial Management Conference. Plaintiff is represented
by counsel, Johnny J. Sorenson. Defendants are represented by counsel, Howard R. Gaines.
Court Reporter, Marylynn LeMoine, is present.
The parties agree that this matter may proceed as a Trial to Court rather than a Trial to a
Jury.
Argument is presented on Plaintiff’s Motion in Limine re: City of Tempe Opinions and
Documents.
For the reasons stated on the record,
IT IS ORDERED granting Plaintiff’s Motion in Limine.
Discussion is held regarding courtroom protocol.
IT IS ORDERED affirming Trial to the Court on December 2, 2008 at 9:30 a.m.
9:34 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/04/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
12/01/2008
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
WARNER RANCH ASSOCIATION
JOHNNY J SORENSON
v.
DANIEL E SHOOK, et al.
HOWARD R GAINES
MINUTE ENTRY
3:35 p.m. This is the time set for Telephonic Status Conference re: Defendants’ Motion
to Continue Trial; Motion to Extend Time to Disclose Expert Witnesses; and, Motion to Extend
Time to Disclose Evidence. All parties appear telephonically. Plaintiff is represented by
counsel, Johnny J. Sorenson. Defendants are represented by counsel, Howard R. Gaines.
Court Reporter, Marylynn LeMoine, is present.
Discussion is held.
For the reasons stated on the record,
IT IS ORDERED granting Defendants’ Motion to Continue Trial. In light of the parties’
agreement regarding the ownership of the property outside the wall in dispute,
IT IS FURTHER ORDERED denying Defendants’ Motion to Extend Time to Disclose
Expert Witnesses and Motion to Extend Time to Disclose Evidence as moot.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013316
12/01/2008
Docket Code 064
Form V000A
Page 2
IT IS FURTHER ORDERED vacating the trial date of December 2, 2008 and resetting
Trial to the Court on March 26, 2009 at 9:30 a.m. (time allotted: Two (2) days) before:
HONORABLE A. CRAIG BLAKEY, II
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
602-506-7806
IT IS FURTHER ORDERED that all exhibits submitted to the Clerk for marking shall
remain in possession of the Clerk until the time for Trial. If the parties have any additional
exhibits that need to be marked prior to trial, they shall be submitted to the Clerk no later than
March 19, 2009, and will be marked consecutively with the existing exhibits (any new exhibits
shall resume numbering with #111).
4:10 p.m. Matter concludes.

Documents