09/18/2007 — CV2006014071 HEFTER, STEVEN B 09/18/2007 HONORABLE GLENN M. DAVIS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/20/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-014071
09/18/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GLENN M. DAVIS
L. Muhammad
Deputy
DESERT MOUNTAIN PROPERTIES LIMITED
PARTNERSHIP
BRYAN A ALBUE
v.
STEVEN B HEFTER, et al.
STEVEN B HEFTER
3414 N RIVER RD
BIRMINGHAM AL 35223
PENNY L KOEPKE
H LYNDEN GRAHAM
CHAPTER 7 TRUSTEE
1604 JEFFERSON ST
BLUEFIELD WV 24701
JOINT PRETRIAL MEMORANDUM AND PROPOSED SCHEDULING ORDER
The Court has received and reviewed the Motion to Set and Certificate of Readiness filed
by counsel for Plaintiff.
IT IS ORDERED as follows:
Counsel are to meet personally to discuss all of the matters set forth in Rule 16(b), Ariz.
R. Civ. P. Counsel shall prepare and file with the Court, no later than 5:00 p.m. on October 19,
2007 (30 days from today’s date), a Joint Pretrial Memorandum, and a proposed Order, for
discovery, motion and disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form set forth below,
containing the provisions which are applicable to their case. For example, paragraph 1 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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-014071
09/18/2007
Docket Code 023
Form V000A
Page 2
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 (“December 5, 2005” is a specific date.
“90 days prior to trial” is a date in reference to a trial date and is not a specific date). All
applicable blanks should be filed in, except for the date of the Scheduling and Status Conference,
as indicated. 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 Pretrial Memorandum and each shall
prepare a separate proposed Order.
The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order. If
all is in order, the Court will set a scheduling and status conference close to the discovery cutoff
date. At the scheduling and 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. There will be no telephonic appearances at the status conference without prior Court
approval. Counsel who will be the trial lawyers in the case must appear in person with their trial
calendar. If the parties are not ready for trial, the matter will be placed on the Inactive 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 Joint Pretrial Memorandum.
If a Joint Pretrial Conference Memorandum and proposed Scheduling Order are not
timely submitted, the Court will place the matter back on the Inactive Calendar for dismissal.
SCHEDULING ORDER LANGUAGE:
The Court has received and reviewed the parties’ Joint Pretrial Memorandum and
proposed Scheduling Order.
In accordance therewith,
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 200*. [or]
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-014071
09/18/2007
Docket Code 023
Form V000A
Page 3
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
200*.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
200*.
2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 200*. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 200*.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 200*.
3. Any and all discovery requests shall be served by 5:00 p.m. on ________, 200*.
4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 200*.
[or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
200*.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 200*.
5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 200*.
6. All discovery shall be concluded by 5:00 p.m. on ________, 200*.
7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 200*. 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):
a.
PRIVATE MEDIATION
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-014071
09/18/2007
Docket Code 023
Form V000A
Page 4
The parties shall participate in private mediation by 5:00 p.m. on ________,
200*;
OR
b.
REFERRAL TO ADR FOR SETTLEMENT CONFERENCE
Counsel shall endorse the Court’s Alternative Dispute Resolution Office
The parties shall participate in a Mandatory Settlement Conference. This case is
referred to the Court's Office of 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 * _______________, 2007. 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 no later
than 5:00 p.m. on * ______________, 2007.
IT IS ORDERED that the parties shall simultaneously submit confidential
memoranda to the Judge Pro Tempore at least 5 days prior to the date set for Settlement
Conference.
All counsel and their clients, or non-lawyer representatives who have full and
complete authority to settle this case, shall personally appear and participate in
good faith in this Settlement Conference, even if no settlement is expected.
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
________, 200*.
11. A scheduling and status conference is set for the purpose of assigning a trial date on
[
LEAVE DATE AND TIME BLANK ] if the case has not
settled.
•
Counsel may appear telephonically for this conference if all counsel agree to
do so.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-014071
09/18/2007
Docket Code 023
Form V000A
Page 5
•
Counsel for Plaintiff shall initiate the conference call unless the parties agree
otherwise.
•
Counsel shall have their trial calendars available for the conference.
12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P. If the issues are straightforward
enough not to require briefing, counsel may telephonically contact the Court to set up
a telephonic conference to discuss any remaining issues.
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.
14. This case is removed from the Inactive Calendar and all requirements of Rule 38.1 of
Ariz.R.Civ.P. are waived unless and until otherwise ordered by the Court.
HONORABLE GLENN M. DAVIS
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-506-3135 TEL
09/20/2007 — CV2006014071 HEFTER, STEVEN B 09/20/2007 HONORABLE GLENN M. DAVIS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/21/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-014071
09/20/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GLENN M. DAVIS
L. Muhammad
Deputy
DESERT MOUNTAIN PROPERTIES LIMITED
PARTNERSHIP
BRYAN A ALBUE
v.
STEVEN B HEFTER, et al.
STEVEN B HEFTER
3414 N RIVER RD
BIRMINGHAM AL 35223
PENNY L KOEPKE
H LYNDEN GRAHAM
CHAPTER 7 TRUSTEE
1604 JEFFERSON ST
BLUEFIELD WV 24701
MINUTE ENTRY
Default Judgment having been signed,
IT IS ORDERED vacating the September 18, 2007 minute entry in its entirety.
