01/11/2017 — CV2015095209 HOMEOWNERS ASSOCIATION INC, DURANGO PARK 01/11/2017 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/13/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
01/11/2017
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
DURANGO PARK HOMEOWNERS
ASSOCIATION INC
MICHAEL C LAMB
v.
OSVALDO DE JESUS BARRERA LUNA
ERIN SELENE IUNGERICH
DAVID E FUNKHOUSER III
ALTERNATIVE DISPUTE
RESOLUTION - CCC
CASE SET FOR DISMISSAL/
TELEPHONIC STATUS CONFERENCE VACATED
The Court having received and reviewed the Settlement Conference Report submitted by
Judge Pro Tem David E. Funkhouser III, dated December 22, 2016, indicating that the parties
have reached a full settlement,
IT IS ORDERED vacating the Telephonic Status Conference set for January 20, 2017 at
1:30 p.m.
IT IS FURTHER ORDERED placing this matter on the Court’s dismissal calendar up
to and including March 10, 2017.
07/12/2016 — CV2015095209 HOMEOWNERS ASSOCIATION INC, DURANGO PARK 07/12/2016 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/13/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
07/12/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
DURANGO PARK HOMEOWNERS
ASSOCIATION INC
MICHAEL C LAMB
v.
OSVALDO DE JESUS BARRERA LUNA
ERIN SELENE IUNGERICH
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MOTION DENIED/
REFERRAL TO ADR/
ORDER TO FILE JOINT PROPOSED SCHEDULING ORDER
The Court has received and reviewed Plaintiff’s Motion for Summary Judgment,
Defendant’s Response and the Reply.
IT IS ORDERED denying Plaintiff’s Motion for Summary Judgment.
IT IS FURTHER ORDERED that 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
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 October 14, 2016. The Office of Alternative Dispute
Resolution will not do the scheduling of the settlement conference so please do not contact that
office.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
07/12/2016
Docket Code 019
Form V000A
Page 2
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.
IT IS ORDERED vacating the Order issued by Civil Court Administration on June 15,
2016 setting the dismissal date of August 15, 2016.
IT IS FURTHER ORDERED as follows:
Counsel and/or the parties are to meet personally to discuss all of the matters set forth in
Rule 16(b), Ariz. R. Civ. P. Counsel and/or the parties shall prepare and file with the Court, no
later than 5:00 p.m. on August 15, 2016, a Joint Report and proposed Scheduling Order, for
discovery, motion and disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form attached
hereto, containing the provisions which are applicable to their case. For example, paragraph one
of the Order set forth below need not be included in the parties’ proposed Order if the parties
intend to disclose their experts’ identity and opinions at the same time they disclose their
experts’ areas of testimony. Similarly, if the parties agree to simultaneously disclose the identity
and opinions of their expert witnesses, they need not include in their proposed Order the
language set forth in paragraph 2a. and b., below.
The proposed Order shall include specific dates (01/01/2016 rather than 45 days from
close of discovery). Do not incorporate a firm trial date in the proposed Order.
If counsel are unable to agree on any of the items that are to be included in the Order, the
reasons for their inability to agree shall be set forth in their proposed Order.
The Court will review the proposed Scheduling Order. If all is in order, the Court will set
a status conference close to the discovery cutoff date. At the status conference, if the parties
have completed discovery and are ready for trial, the Court will set firm dates for the final
pretrial management conference and the trial. If the parties are not ready for trial, the matter may
be placed on the Dismissal Calendar for dismissal within 60 days.
If counsel feel a pretrial conference is still necessary at this stage of the litigation, they
should address the reasons why in the first paragraph of the proposed Scheduling Order.
If a Joint proposed Scheduling Order is not timely submitted, the Court will place the
matter on the Dismissal Calendar.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
07/12/2016
Docket Code 019
Form V000A
Page 3
[PROPOSED] SCHEDULING ORDER
The Court has reviewed the parties’ Joint Proposed Scheduling Order and adopts and/or
modifies the days as follows:
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 2016. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
2016.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
2016.
2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2016. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2016.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2016.
3. Any and all discovery requests shall be served by 5:00 p.m. on ________, 2016.
4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 2016.
[or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2016.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 2016.
5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2016.
6. All discovery shall be concluded by 5:00 p.m. on ________, 2016.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
07/12/2016
Docket Code 019
Form V000A
Page 4
7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2016. This Order does not replace the parties’
obligation to seasonably disclose on an on-going basis under Rule 26.1 as information
becomes available.
8. Settlement conference (choose one):
The parties shall participate in private mediation by 5:00 p.m. on ________, 2016;
OR
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 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 (at least 90 days out), 2016. The
Office of Alternative Dispute Resolution will not do the scheduling of the settlement
conference so please do not contact that office. If counsel prefer to use a private
mediator to conduct the Settlement Conference, a Stipulation and Order re:
Alternative to ADR must be presented to the Court by 5:00 p.m. on ________, 2016.
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. No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at trial
other than those disclosed in a timely manner, except for good cause shown or written
agreement of the parties.
10. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
________, 2016.
11. A Telephonic Pretrial Status/Scheduling Conference is set for ______, 2016 at
____a.m./p.m. (the Court will set this hearing date) for the purpose of assigning a
trial date if the case has not settled. Counsel shall have their trial calendars available.
Counsel for Plaintiff shall initiate the telephonic conference by first arranging the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
07/12/2016
Docket Code 019
Form V000A
Page 5
presence of all other counsel on the conference call and by calling this division at:
(602) 506-6251 promptly at the scheduled time.
NOTE: All court proceedings are recorded by audio and video method and
not by a court reporter. Pursuant to Local Rule 2.22, if a party desires a court
reporter for any proceeding in which a court reporter is not mandated by Arizona
Supreme Court Rule 30, the party must submit a written request to the assigned
judicial officer at least ten (10) judicial days in advance of the hearing, and must pay
the authorized fee to the Clerk of the Court at least two (2) judicial days before the
proceeding. The fee is $140 for a half-day and $280 for a full day.
12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P.
13. The dates set forth in this Order are FIRM dates and will not be extended or modified
by this Court absent good cause. Lack of preparation will not ordinarily be
considered good cause.
Dated:
HONORABLE DAVID M. TALAMANTE
JUDICIAL OFFICER OF THE SUPERIOR COURT
08/30/2016 — CV2015095209 HOMEOWNERS ASSOCIATION INC, DURANGO PARK 08/30/2016 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
08/30/2016
Docket Code 376
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
DURANGO PARK HOMEOWNERS
ASSOCIATION INC
MICHAEL C LAMB
v.
OSVALDO DE JESUS BARRERA LUNA
ERIN SELENE IUNGERICH
DAVID E FUNKHOUSER III
ALTERNATIVE DISPUTE
RESOLUTION - CCC
CASE CONTINUED ON DISMISSAL CALENDAR/
TELEPHONIC STATUS CONFERENCE SET
Following up on the Court’s Minute Entry dated July 12, 2016,
IT IS ORDERED continuing this matter on the Court’s dismissal calendar up to and
including October 31, 2016.
IT IS FURTHER ORDERED affirming the Minute Entry issued by ADR appointing
David E. Funkhouser III as the Judge Pro Tem to conduct a Settlement Conference in this matter.
IT IS FURTHER ORDERED setting a Telephonic Status Conference on October 21,
2016 at 9:00 a.m. (15 minutes allotted) in this Division.
LET THE RECORD REFLECT if the parties submit a Joint Report and proposed
Scheduling Order prior to that date, the Telephonic Status Conference may be vacated.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
08/30/2016
Docket Code 376
Form V000A
Page 2
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 at (602) 506-6251 promptly at the scheduled time.
NOTE: All court proceedings are recorded digitally and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.
10/21/2015 — CV2015095209 HOMEOWNERS ASSOCIATION INC, DURANGO PARK 10/21/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/22/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
10/21/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
DURANGO PARK HOMEOWNERS
ASSOCIATION INC
MICHAEL C LAMB
v.
OSVALDO DE JESUS BARRERA LUNA
ERIN SELENE IUNGERICH
COMM. BENNY
MINUTE ENTRY
This Division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) OSVALDO DE JESUS BARRERA LUNA in the above-captioned case.
IT IS ORDERED that no action will be taken by this Division on the above-referenced
document(s).
The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Margaret Benny.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
Pursuant to Supreme Court Administrative Order No. 2010-117, parties are directed to
hand-deliver a default coversheet and copies of the necessary filed documents to the
Commissioner’s Division for the entry of a default judgment.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
10/21/2015
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED no further action will be taken by the assigned
Commissioner until the necessary filed documents and coversheet are delivered to the Division.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp
10/24/2016 — CV2015095209 HOMEOWNERS ASSOCIATION INC, DURANGO PARK 10/24/2016 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
10/24/2016
Docket Code 376
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
DURANGO PARK HOMEOWNERS
ASSOCIATION INC
MICHAEL C LAMB
v.
OSVALDO DE JESUS BARRERA LUNA
ERIN SELENE IUNGERICH
DAVID E FUNKHOUSER III
ALTERNATIVE DISPUTE
RESOLUTION - CCC
ORDER SIGNED/
CASE CONTINUED ON DISMISSAL CALENDAR/
TELEPHONIC STATUS CONFERENCE RESET
The Court has received and reviewed the Stipulated Request to Extend October 14, 2016
Settlement Conference Deadline filed on October 13, 2016.
IT IS ORDERED approving the Stipulation and extending the deadline for the
Settlement Conference up to and including December 13, 2016, all in accordance with the
formal written Order signed by the Court on October 20, 2016 and filed (entered) by the Clerk on
October 24, 2016.
IT IS FURTHER ORDERED continuing this matter on the Court’s dismissal calendar
up to and including January 31, 2017.
IT IS FURTHER ORDERED vacating the Telephonic Status Conference set for
October 21, 2016 at 9:00 a.m. and resetting the same to January 20, 2017 at 1:30 p.m. (15
minutes allotted) in this Division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095209
10/24/2016
Docket Code 376
Form V000A
Page 2
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 at (602) 506-6251 promptly at the scheduled time.
The Court will set a firm trial date at this conference. Counsel are advised to have their
trial calendars with them.
NOTE: All court proceedings are recorded digitally and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.
