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Maricopa County Superior Court Case CV2002-015154: public docket details, parties, minute entries, documents, and official source links for Troon North Association.

Case Number

CV2002-015154

County

Maricopa

Caption

Not captured

Filed

8/5/2002

Case Type

Civil

Judge

Pineda, Susanna

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

01/08/2004

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 01/12/2004

KEITH BLACK ROOFING INC
TRACEY FLEXTER

v.

WILLIAM M KRYGER, et al.
DENISE H TROY

WILLIAM J SIMON

ORAL ARGUMENT SET

IT IS ORDERED setting oral argument on Counterdefendant Keith Black Roofing’s
Motion to Dismiss Pursuant to A.R.S. §12-2602(a) and Counterclaimant’s Motion to Extend
Time for Compliance with A.R.S. §12-2602(A) for March 1, 2004 at 4:30 p.m. before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

ELECTRONIC ("E") COURTROOM

A record of the proceedings may be made by videotape in lieu of a court reporter. 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 2002-015154

01/08/2004

Docket Code 094
Form V000A
Page 2

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.

…

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

01/26/2004

Docket Code 078
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 01/29/2004

KEITH BLACK ROOFING INC
TRACEY FLEXTER

v.

WILLIAM M KRYGER, et al.
DENISE H TROY

WILLIAM J SIMON

PLACE ON INACTIVE CALENDAR
ORAL ARGUMENT HEARINGS VACATED

Counsel having informed the Court of settlement,

IT IS ORDERED placing this case on the Inactive Calendar for dismissal on March 26,
2004 pending receipt of Stipulation for Dismissal or a Judgment.

IT IS FURTHER ORDERED vacating the Oral Argument scheduled for February 12,
2004.

IT IS FURTHER ORDERED vacating the Oral Argument scheduled for March 1,
2004.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
05/06/2003
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
FILED: 05/08/2003
KEITH BLACK ROOFING INC
WILLIAM A KOZUB
v.
WILLIAM M KRYGER, et al.
DENISE H TROY
RULING
There being no opposition,
IT IS ORDERED granting Plaintiff's Motion for Summary Judgment Re: Declaration on
Whether the Mechanic’s Lien is Discharged. The mechanic’s lien in this case is not discharged
since it is not signed by the principal. The amount of the bond is sufficient however.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
07/10/2003
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
FILED: 07/14/2003
KEITH BLACK ROOFING INC
WILLIAM A KOZUB
v.
WILLIAM M KRYGER, et al.
DENISE H TROY
RULE 16 PRETRIAL CONFERENCE SET

The Court having received "Plaintiff's Request for Rule 16 Scheduling Conference" from
Attorneys for Defendants,

IT IS ORDERED setting a telephonic Comprehensive Pretrial Conference pursuant to
Rule 16(b) A.R.C.P. for September 10, 2003 at 8:45 a.m. in this division. Plaintiff is directed to
initiate call to this Division. Telephone number 602-506-2060.
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.
IT IS FURTHER ORDERED that at least five (5) days prior to the scheduling
conference, the parties shall submit to the Court a Joint Pretrial Memorandum setting forth the
following:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
07/10/2003
Docket Code 041
Form V000A
Page 2
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.
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
07/10/2003
Docket Code 041
Form V000A
Page 3
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
07/17/2003
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
FILED: 07/22/2003
KEITH BLACK ROOFING INC
WILLIAM A KOZUB
v.
WILLIAM M KRYGER, et al.
DENISE H TROY
WILLIAM J SIMON
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument on Defendant Sever's Motion to Dismiss for
September 22, 2003 at 11:00 a.m. before:

The Honorable Kenneth Fields

Maricopa County Superior Court
East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. 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 2002-015154
07/17/2003
Docket Code 094
Form V000A
Page 2
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
08/06/2003
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
FILED: 08/12/2003
KEITH BLACK ROOFING INC
WILLIAM A KOZUB
v.
WILLIAM M KRYGER, et al.
DENISE H TROY
WILLIAM J SIMON
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument on October 17, 2003 at 9:00 a.m. on:
• Plaintiff's Motion to Strike Answer of Defendant Sever Design Group Architects, Inc.
• Plaintiff's Motion for Summary Judgment Re: Foreclosure on Mechanic's Lien for before:
Before:

The Honorable Kenneth Fields

Maricopa County Superior Court
East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060
ELECTRONIC ("E") COURTROOM
A record of the proceedings may be made by videotape in lieu of a court reporter. 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 2002-015154
08/06/2003
Docket Code 094
Form V000A
Page 2
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
08/21/2003
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
FILED: 08/25/2003
KEITH BLACK ROOFING INC
WILLIAM A KOZUB
v.
WILLIAM M KRYGER, et al.
DENISE H TROY
WILLIAM J SIMON
RULING
There being no response or opposition,
IT IS ORDERED granting Plaintiff’s Motion to Strike Answer of defendant Sever
Design Group Architects.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
08/26/2003
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
FILED: 08/28/2003
KEITH BLACK ROOFING INC
WILLIAM A KOZUB
v.
WILLIAM M KRYGER, et al.
DENISE H TROY
WILLIAM J SIMON
NUNC PRO TUNC
IT IS ORDERED, nunc pro tunc, vacating the Minute Entry dated August 21, 2003 in
its entirety.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
09/10/2003
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford
Deputy
FILED: 09/11/2003
KEITH BLACK ROOFING INC
WILLIAM A KOZUB
v.
WILLIAM M KRYGER, et al.
DENISE H TROY
WILLIAM J SIMON
RULE 16 PRETRIAL CONFERENCE RESET

8:50 a.m. (IN CHAMBERS) This is the time set for a telephonic Rule 16 Scheduling
Conference. Plaintiff is represented by counsel William Kozub. Defendants Sever are
represented by counsel Sean P. St. Clair, appearing for counsel William J. Simon. Defendant
William M, Kryger and Trustee of the William M. Kryger Trust are represented by counsel
Denise H. Troy.
The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.
The case status is discussed.
Counsel are directed to confer and prepare a Joint Pretrial Memorandum and to submit it
prior to the next Pretrial Conference. If they don't comply with the Court's order, they will be
placed in a conference room and must prepare it at the time of the Pretrial Conference.
IT IS THEREFORE ORDERED resetting the Comprehensive Pretrial Conference
pursuant to Rule 16(b) A.R.C.P. to September 17, 2003, at 9:00 a.m., in this division before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414

Phoenix, AZ 85003

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
09/10/2003
Docket Code 083
Form V000A
Page 2

PHONE: 602-506-2060
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.
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.
IT IS FURTHER ORDERED that at least five (5) days prior to the scheduling
conference, the parties shall submit to the Court a Joint Pretrial Memorandum 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.
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-015154
09/10/2003
Docket Code 083
Form V000A
Page 3
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.
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

09/17/2003

Docket Code 099
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 09/19/2003

KEITH BLACK ROOFING INC
WILLIAM A KOZUB

v.

WILLIAM M KRYGER, et al.
DENISE H TROY

WILLIAM J SIMON
DOCKET-CIVIL-CCC

COUNSEL WITHDRAWN
RULE 16 CONFERENCE/CONTINUED
ORAL ARGUMENT SET

9:06 a.m. This is the time set for a Rule 16 Pretrial Scheduling Conference. Plaintiff
Keith Black Roofing, Inc. is represented by counsel William A. Kozub. Defendant Sever Design
Group Architects, Inc. is represented by counsel Sean P. St. Clair, appearing for counsel William
Simon. Defendant William M. Kryger and Trustee of the William M. Kryger Trust are
represented by counsel Kenneth Spafford, appearing for counsel Denise H. Troy.

The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.

Pursuant to the Motion for Withdrawal of Counsel of William A. Kozub, attorney for
Plaintiff Keith Black Roofing, Inc., good cause appearing,

IT IS ORDERED granting the Motion for Withdrawal of Counsel of William A. Kozub,
all in accordance with the formal written Order Granting Withdrawal of Counsel signed by the
Court September 17, 2003 and filed (entered) by the clerk September 17, 2003.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

09/17/2003

Docket Code 099
Form V000A
Page 2

IT IS FURTHER ORDERED that Counsel William A. Kozub convey to Plaintiff the
information regarding the next conference and that the corporation must appear with counsel or
the case will be dismissed.

IT IS THEREFORE ORDERED resetting the Comprehensive Pretrial Conference
pursuant to Rule 16(b) A.R.C.P. at the same date and time currently scheduled for Oral
Argument on Defendant Sever's Motion to Dismiss on September 22, 2003 at 11:00 a.m. in this
division before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414

Phoenix, AZ 85003

PHONE: 602-506-2060

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.

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.

IT IS FURTHER ORDERED that at least five (5) days prior to the scheduling
conference, the parties shall submit to the Court a Joint Pretrial Memorandum 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.

The parties' proposed schedule for disclosure of expert witnesses and designation pursuant to
Rule 26(b)(4).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

09/17/2003

Docket Code 099
Form V000A
Page 3

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.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

09/17/2003

Docket Code 099
Form V000A
Page 4

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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

09/22/2003

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 09/24/2003

KEITH BLACK ROOFING INC

v.

WILLIAM M KRYGER, et al.
DENISE H TROY

WILLIAM J SIMON
TRACEY GEORGE
BRYAN CAVE LLP
TWO NORTH CENTRAL AVE
STE 2200
PHX AZ 85004-4406

ORAL ARGUMENT/RULING
DEADLINE SET

11:00 a.m. This is the time set for Oral Argument on Defendant Sever Design Group
Architect Inc.’s Amended Motion to Dismiss. Plaintiff Keith Black Roofing, Inc. is represented
by counsel Tracey George. Defendant Sever Design Group Architects, Inc. is represented by
counsel Sean P. St. Clair and counsel William Simon. Defendant William M. Kryger and
Trustee of the William M. Kryger Trust are represented by counsel Kenneth Spafford, appearing
for counsel Denise H. Troy.

Court reporter, Traci Lion, is present. The proceedings are also recorded electronically by
CD and videotape.

Defendant Sever Design Group Architects, Inc.’s Amended Motion to Dismiss is argued
to the Court.

IT IS ORDERED denying Defendant Sever Design Group Architects, Inc.’s Amended
Motion to Dismiss.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

09/22/2003

Docket Code 005
Form V000A
Page 2

IT IS FURTHER ORDERED that Plaintiff has until close of business on October 2,
2003 to file a Response to Defendant Sever Design Group Architects, Inc.’s Motion for
Summary Judgment.

11:18 a.m. Oral Argument concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

10/16/2003

Docket Code 095
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 10/22/2003

KEITH BLACK ROOFING INC

v.

WILLIAM M KRYGER, et al.
DENISE H TROY

WILLIAM J SIMON

ORAL ARGUMENT RESET

IT IS ORDERED vacating the Oral Argument on Sever Design Group Architects, Inc’s
Motion for Summary Judgment and Plaintiff’s Motion to Strike from October 17, 2003 and
resetting same to December 9, 2003 at 4:00 p.m. before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

ELECTRONIC ("E") COURTROOM

A record of the proceedings may be made by videotape in lieu of a court reporter. 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 2002-015154

10/16/2003

Docket Code 095
Form V000A
Page 2

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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

11/14/2003

Docket Code 095
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 11/18/2003

KEITH BLACK ROOFING INC
RINA K RAI

v.

WILLIAM M KRYGER, et al.
DENISE H TROY

WILLIAM J SIMON

ORAL ARGUMENT RESET

IT IS ORDERED resetting oral argument from October 17, 2003 to December 9, 2003
at 4:00 p.m. before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

ELECTRONIC ("E") COURTROOM

A record of the proceedings may be made by videotape in lieu of a court reporter. 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 2002-015154

11/14/2003

Docket Code 095
Form V000A
Page 2

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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

12/09/2003

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK R. SANTANA
J. Pinter
FOR HONORABLE KENNETH L. FIELDS
Deputy

FILED: 12/11/2003

KEITH BLACK ROOFING INC
TRACEY FLEXTER
LISA SHANNON

v.

WILLIAM M KRYGER, et al.

WILLIAM J SIMON

MINUTE ENTRY

9:05 a.m. This is the time set for oral argument on cross-motions for summary judgment.
Plaintiff is represented by counsel, Tracey (George) Flexter and Lisa Shannon. Defendant Sever
Design Group is represented by counsel, William J. Simon and Sean St. Clair.

Court Reporter Doreen Gomez is present.

Arguments to the court.

IT IS ORDERED taking this matter under advisement.

9:42 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

12/10/2003

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK R. SANTANA
J. Pinter
FOR HONORABLE KENNETH L. FIELDS
Deputy

FILED: 12/11/2003

KEITH BLACK ROOFING INC
TRACEY FLEXTER

v.

WILLIAM M KRYGER, et al.

WILLIAM J SIMON

MINUTE ENTRY

The court has considered the cross-motions for summary judgment, the responses and defendant
Sever Design Group Architects Inc.’s (SDG) reply. The court has also reviewed statement of
facts filed by the parties, the plaintiff’s declaration of counsel in support of plaintiff’s opposition
to SDG’s motion for summary judgment and SDG’s objection thereto.

The court has also considered oral argument of counsel.

As to the various legal and factual issues presented, the court decides:

(1)
After reviewing the record, the court determines that the contract is between the Sever
Group Inc (SG) and plaintiff. The contractor, for purposes of A.R.S. § 33-995 is SG.
(2)
SDG has consented to the jurisdiction of the court and has waived any affirmative
defense related to jurisdiction.
(3)
Pursuant to A.R.S. § 33-995, the contractor has the duty and authority to defend a lien
action. SDG is not the contractor in this matter. The allegations that plaintiff
violated A.R.S. § 33-1002 and is liable for attorney’s pursuant to A.R.S. § 33-995(E)
and § 33-998(B) must be asserted by the contractor, SG, not SDG.
(4)
Although SG, rather than SDG is the statutorily authorized party to assert whether the
Statutory Lien Bond is valid and whether the lien and foreclosure action may be
pursued, the plaintiff’s motion for summary judgment requests that the court resolve
these issues. The court will do so.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

12/10/2003

Docket Code 019
Form V000A
Page 2

(5)
The Statutory Discharge of Lien Bond, as signed by Mark Server, is valid and
enforceable.
(6)
The statutory lien and accompanying foreclosure action should therefore be
dismissed.
(7)
SDG’s reply states that the setoff in this matter belongs to SG. The setoff, if it may
be asserted against plaintiff’s bond claim, must be asserted by SG. The court does not
resolve whether SG may assert such a setoff with respect to plaintiff’s claim against
the bond.
(8)
There are issues of material fact which preclude summary judgment on plaintiff’s
unjust enrichment claim against SDG.

IT IS ORDERED:

(1)
Defendant SDG is granted summary judgment on plaintiff’s statutory lien and
accompanying foreclosure action;
(2)
Granting summary judgment to SDG on the issue of whether it is a party to the
construction contract;
(3)
Granting summary judgment to plaintiff as to whether SDG is a defendant in this
matter;
(4)
The motions for summary judgment are otherwise are otherwise denied.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-015154

12/18/2003

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK R. SANTANA
J. Pinter
FOR HONORABLE KENNETH L. FIELDS
Deputy

FILED: 12/22/2003

KEITH BLACK ROOFING INC
TRACEY FLEXTER

v.

WILLIAM M KRYGER, et al.
DENISE H TROY

WILLIAM J SIMON

MINUTE ENTRY

The court has considered plaintiff/counterdefendant’s motion to compel certificate of expert
testimony, to which no response has been filed.

The court notes that a request for oral argument is made with the motion. Pursuant to Rule 7.1(c),
Arizona Rules of Civil Procedure, in order to expedite the business of the court, this motion is
decided without oral argument.

Good cause appearing,

IT IS ORDERED:

(1)
The motion to compel certificate of expert testimony is granted;
(2)
SDG shall comply with A.R.S. § 12-2602 and provide KBR with a certification on
whether or not SDG will require expert testimony by Friday, January 9, 2004.

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