Holding HOA Boards, Attorneys, and Management Companies Accountable
Maricopa County Superior Court Case CV2022-013065
Case Header
Maricopa County Superior Court Case CV2022-013065: public docket details, parties, minute entries, documents, and official source links for Tapestry On Central Condominium Association.
Clerk of the Superior Court
*** Electronically Filed ***
06/07/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
06/06/2024
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
AEDAN HANLEY, et al.
JONATHAN A DESSAULES
v.
WILLOWALK CONDOMINIUMS
ASSOCIATION, et al.
WILLOWALK CONDOMINIUMS
ASSOCIATION
C/O DAVID CHAMBLESS
4605 E ELWOOD ST STE 100
PHOENIX AZ 85040
KARL J GRUSE
JUDGE HANNAH
TRIAL SCHEDULING CONFERENCE SET
Pursuant to the parties’ Scheduling Order electronically filed and granted by the Court,
IT IS ORDERED setting a Telephonic Trial Scheduling Conference for the purpose of
assigning a trial date on July 30, 2024 at 8:30 a.m. (time allotted: 15 minutes) in this division,
before:
HONORABLE JUDGE JOHN HANNAH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 811
PHOENIX, AZ 85003
602-372-0759
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
06/06/2024
Docket Code 026
Form V000A
Page 2
Counsel/parties shall have their trial calendars available for the conference.
The Court is utilizing a virtual platform called Court Connect for online hearings. An auto-
generated e-mail with a link to the online “courtroom” has been sent to local counsel of record,
who should forward it to co-counsel, clients or client representatives, and others who will
participate in the hearing. You may forward the link to anyone who wants to attend the hearing,
but please advise the Court if you expect more than a few spectators so that we can make any
technical adjustments that may be necessary. If for some reason you did not receive the e-mail,
please advise the Court. The hearing may also be joined using the following
link: tinyurl.com/jbazmc-cvj07; or appearances may be made by telephone, by calling 1-917-781-
4590,
conference
ID
759-563-74#.
For
further
information,
please
visit: https://superiorcourt.maricopa.gov/court-connect/
The physical courtroom (Courtroom 811, East Court Building, 101 W, Jefferson, Phoenix,
AZ) is open and accessible for most hearings. Attorneys and parties may choose to appear in
person; and spectators are always welcome in the courtroom at public hearings. If an in-person
appearance at a scheduled online hearing is anticipated, we ask as a courtesy that you let us know
in advance (and at the same time notify the opposing party or parties) so we can ensure that the
appearance is accommodated.
PRETRIAL ORDERS
The Court having been assigned to this case, the parties shall make note of the pretrial
orders set out herein. The Court makes every effort to ensure that all orders entered in the case are
consistent with these orders. If a party becomes aware that an inconsistent order has been entered
in this case, it is that party’s responsibility to request clarification as necessary.
Discovery Disputes:
A request for order compelling disclosure or discovery (Civil Rule 37(a)) or for a protective
order (Civil Rule 26(c)) must be presented to the Court through the expedited procedure set out in
Civil Rule 26(d). Requests for Rule 37 sanctions other than payment of expenses pursuant to Rule
37(a)(5) must be presented by motion, not the expedited Rule 26(d) procedure.
The parties must attempt first to resolve discovery disputes through good-faith personal
consultation. A letter or email to the opposing attorney threatening to file a discovery motion if
he or she does not respond, without more, does not satisfy the consultation requirement under the
rules. If consultation does not resolve the dispute, the parties having the dispute shall email the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
06/06/2024
Docket Code 026
Form V000A
Page 3
Judicial Assistant a three-page summary of the dispute pursuant to Rule 26(d)(2), with each side
entitled to submit one and one-half pages of that text, and a good faith consultation certificate. No
exhibits shall be included with the summaries. Division staff will contact the attorneys if the Court
determines, after reviewing the summary, that the parties should submit additional documents,
The judge may decide the issue on the papers, set a telephonic conference, or order full
briefing. If the judge decides that a telephonic conference is appropriate, the Judicial Assistant
will contact the parties by email or telephone to schedule the conference with the judge. When the
dispute has been resolved, the email communications and the written summary will be filed with
the Clerk as necessary to make a record.
Motion Practice Generally:
If you choose to combine the memoranda associated with different motions in a single
filing, the page limits in Civil Rule 7.1 nevertheless apply to that filing. For example, a
“response and cross-motion” is limited to 17 pages, not 17 for the response plus another 17 for the
cross-motion totaling 34 pages. All citations must be included in the body of the brief and not in
footnotes.
All stipulations and unopposed motions, and motions asking to set or continue a hearing or
a deadline, must be accompanied by a proposed order. Litigants are strongly encouraged to submit
proposed orders with all routine motions. A proposed order/judgment must be attached as a Word
document (abcd.docx), using the proper Turbo Court code. If your system is not allowing you to
attach a Word order, please email a copy to the Judicial Assistant so he or she can attach it on our
end.
Motions ordinarily will be held for the period provided by the rules for the opposing party’s
response. A request in the caption or the body of a motion for “expedited ruling” or “expedited
consideration” of that motion will be honored only if the motion expressly states that opposing
counsel or unrepresented opposing parties have been consulted and do not oppose the relief
requested. Otherwise, a request for expedited briefing or ruling must be presented in a separate
motion with a proposed form of order, served on the opposing party by the most expeditious
method permitted by the rules, and delivered to the Division by email or hand delivery.
A party that has agreed with the opposing party or parties to extend the time for filing a
response or reply memorandum must file notice as required by Civil Rule 7.1(g)(2). In the absence
of notice, the Court might issue a ruling upon expiration of the deadlines provided in the rules. If
that happens, motions for reconsideration will be disfavored.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
06/06/2024
Docket Code 026
Form V000A
Page 4
Oral argument time generally will be divided equally between the plaintiffs’ side and the
defendants’ side, subject to modification when the positions of the parties are not aligned or when
equity otherwise requires.
Dispositive Motions:
In most cases the scheduling order will establish a date-certain dispositive motion deadline.
If no date-certain deadline has been set, dispositive motions must be filed 120 days before the Final
Trial Management Conference or (if no Final Trial Management Conference is scheduled) 120
days before trial. The Court will reject a stipulated extension of the dispositive motion deadline
that places the deadline fewer than 120 days before the Final Trial Management Conference, absent
an explanation of why an earlier deadline is impractical in the circumstances.
The dispositive motion deadline is not automatically extended for cross-motions. Cross-
motions for summary judgment filed after the deadline may be summarily denied in the Court’s
discretion, particularly if it appears that the filing party delayed for tactical advantage.
Each party is limited to one dispositive motion on a particular issue or topic, unless the
Court orders otherwise for good cause shown. The Court in its discretion may summarily deny a
summary judgment motion directed to an issue that was raised and decided on a Rule 12(b)(6)
motion or an earlier summary judgment motion.
Daubert Motions:
A motion for a Daubert hearing or other hearing on the admissibility of an expert’s
testimony under Ariz.R.Evid. 702, must be filed no later than the dispositive motion deadline.
Failure to file such a motion in a timely manner may be deemed a waiver of (1) any objection that
the expert is not qualified to render expert testimony, and/or (2) any objection that any opinion of
the expert should be excluded under Ariz.R.Evid. 702.
Motions in Limine:
Motions in limine are usually addressed at the Final Trial Management Conference. The
Court will entertain a request for an early ruling on a motion in limine, however, if such a ruling
will facilitate settlement or trial preparation.
Miscellaneous Issues:
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
06/06/2024
Docket Code 026
Form V000A
Page 5
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 up to three hours and $280 for any hearing in excess of three hours, not including
preparation of transcripts. If no court-employed court reporter is available, the parties will be
notified and given an opportunity to bring in a private court reporter on the terms and conditions
set out in Supreme Court Rule 30(b)(3).
Should you want an unofficial copy of the proceedings, the parties or counsel may request
a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form 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 the fee
and present both the receipt and the form to the bailiff. For copies of hearings or trial
proceedings recorded previously, please call Electronic Records Services at 602-506-7100.
Requests for interpreters must be made at least ten business days in advance of the hearing
date for which the interpreter is needed.
Pursuant to Arizona Supreme Court Administrative Order, trials and evidentiary hearings
are presumptively presented in person in the courtroom, not by videoconference. If you intend to
present a witness or witnesses by live videoconference, you must notify the Court and opposing
counsel far enough in advance to allow time for objections to be heard and to ensure that the
courtroom will be set up for the presentation. The Court may exercise its discretion to deny
requests for videoconference testimony made for the first time on the day of the hearing.
If you anticipate using this Division’s courtroom technology but are not familiar with it,
please make an appointment at with this division’s courtroom assistant, Tomi Polvorosa, via email
at [email protected], to familiarize yourself with the equipment and make
sure that you are able to connect to it with your own electronic devices.
Preferred communication with this Division is via email to the Judicial Assistant, Gail
Cody, at [email protected]. We are able to respond much quicker to an email.
All email communications with the Judicial Assistant, except authorized ex parte
communications, must be copied to all attorneys and self-represented parties in the case even
if they have no involvement with or interest in the subject of the communication.
This Division is using Case Center, a statewide exhibit portal. All exhibits must be
submitted through Case Center. Inquiries regarding exhibit procedures should be directed to this
Division’s courtroom clerk at (602) 506-1375.
06/08/2023 — CV2022013065 ASSOCIATION, WILLOWALK CONDOMINIUMS 06/08/2023 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
Clerk of the Superior Court
*** Electronically Filed ***
06/09/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
06/08/2023
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
AEDAN HANLEY, et al.
JONATHAN A DESSAULES
v.
WILLOWALK CONDOMINIUMS
ASSOCIATION, et al.
WILLOWALK CONDOMINIUMS
ASSOCIATION
C/O DAVID CHAMBLESS
4605 E ELWOOD ST STE 100
PHOENIX AZ 85040
KARL J GRUSE
JUDGE HANNAH
TELEPHONIC TRIAL SCHEDULING CONFERENCE RESET
In light of the parties’ Stipulation to Extend Deadlines,
IT IS ORDERED vacating the Telephonic Trial Scheduling Conference on February 8,
2024, at 8:30 a.m. and resetting same to May 22, 2024, at 8:45 a.m. (time allotted: 15 minutes)
in this division.
HONORABLE JUDGE JOHN HANNAH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 811
PHOENIX, AZ 85003
602-372-0759
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
06/08/2023
Docket Code 083
Form V000A
Page 2
Counsel/parties shall have their trial calendars available for the conference.
The Court is utilizing a virtual platform called Court Connect for online hearings. An auto-
generated e-mail with a link to the online “courtroom” has been sent to local counsel of record,
who should forward it to co-counsel, clients or client representatives, and others who will
participate in the hearing. You may forward the link to anyone who wants to attend the hearing,
but please advise the Court if you expect more than a few spectators so that we can make any
technical adjustments that may be necessary. If for some reason you did not receive the e-mail,
please advise the Court. The hearing may also be joined using the following
link: tinyurl.com/jbazmc-cvj07; or appearances may be made by telephone, by calling 1-917-781-
4590,
conference
ID
759-563-74#.
For
further
information,
please
visit: https://superiorcourt.maricopa.gov/court-connect/
The physical courtroom (Courtroom 811, East Court Building, 101 W, Jefferson, Phoenix,
AZ) is open and accessible for most hearings. Attorneys and parties may choose to appear in
person; and spectators are always welcome in the courtroom at public hearings. If an in-person
appearance at a scheduled online hearing is anticipated, we ask as a courtesy that you let us know
in advance so we can ensure that the appearance is accommodated.
PRETRIAL ORDERS
The Court having been assigned to this case, the parties shall make note of the pretrial
orders identified below. To the extent that the orders are inconsistent with any order that has been
entered in this matter, including any scheduling order, this minute entry controls and the
inconsistent language in any such previous order is vacated.
Discovery Disputes:
If a discovery dispute needs judicial intervention, the parties must first comply with Rule
37’s meet and confer provision. Absent resolution, counsel for the movant shall email the Court’s
Judicial Assistant, Gail Cody, at [email protected], and all other counsel to advise
them of his/her request for a telephonic hearing. Each party shall thereafter email the Court’s
Judicial Assistant a three-page summary of the dispute with each party entitled to submit one and
one-half pages of that text, pursuant to Rule 26(d)(2). Please make certain all parties are copied
on the email. The emails will be filed with the clerk. Once the Court receives a summary from
each party and a certification of compliance with Rule 37, the judicial assistant will email the
parties to schedule a telephonic conference with the judge.
Motion Practice:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
06/08/2023
Docket Code 083
Form V000A
Page 3
Do not combine pleadings. (Responses, replies, cross motions, etc., should each be filed
as a separate pleading).
A proposed order/judgment must be attached as a Word doc. using the proper turbo court
code. All stipulations, joint scheduling reports, unopposed motions, etc., MUST contain a
proposed order. If your system is not allowing you to attach a Word order, you must email a copy
to this division’s Judicial Assistant, Gail Cody, at [email protected], and she can
attach it on our end.
ALL motions are held for a briefing period. If you need a determination sooner than a
normal briefing period would allow, please do the following: 1. Speak with opposing counsel to
make certain if they have an objection. If there is no objection, file a stipulation. 2. E-file the
motion and email the filed document in Word format to the judicial assistant and opposing counsel.
3. Indicate that you are asking for a shortened briefing schedule and when you need a ruling. 4.
The Court will review your request and email all parties with a briefing schedule if necessary.
If the parties have agreed to an extension of time for filing responses/replies, email my
judicial assistant regarding the agreement. Otherwise, the Court may assume that no
responses/replies will be filed and rule without the benefit of the response/reply.
Unless another order in this cause establishes a date-certain deadline, the deadline for filing
a summary judgment motion is 120 days before the trial management conference. The parties
are limited to filing one motion for summary judgment. No modification, including a stipulated
modification, of this deadline and filing limit will be honored absent a motion explaining why the
deadline or filing limit is impractical in the circumstances.
Motions in Limine:
The granting or denial of a motion in limine turns on whether the admission of evidence
reaches the level of reversible error or a mistrial. Motions in limine are not granted “except upon
a clear showing of non-admissibility.” The parties shall not file motions denominated as “in
limine” that are, in substance, late-filed motions for summary judgment.
1. Page Limit and Format: Neither the motion in limine nor the response may exceed
three pages, including the caption. Showing that the motion has merit should not require more
than that. Motions in limine shall be consecutively numbered in the caption identifying the party
filing it and the subject of the motion; e.g. “Defendant’s Motion in Limine No. 1 Re: Insurance
Agreement,” and shall deal with one discrete subject per motion. Do not respond to more than one
motion in limine in each response.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
06/08/2023
Docket Code 083
Form V000A
Page 4
Any motion in limine or response to such a motion should begin with a simple declarative
sentence that identifies the evidence that is the subject of the motion, with the understanding that
the broader the scope of the evidence to be excluded, the less likely it is that a motion in limine
will be granted. The remainder of the motion or response should then explain why a mistrial or
reversible error would or would not result if the motion is denied, with citations to authority that
have reached the same conclusion in the same or similar circumstances (this also applies to motions
in limine based on any failure to disclose, keeping in mind that nondisclosure implicates Ariz. R.
Civ. P. 37(c)). If the motion is unable to explain why its denial would result in a mistrial or
reversible error, the remainder should then demonstrate persuasively what efficiency, economy, or
other benefit is to be gained by granting the motion.
2. Rule 7.2: Motions in limine shall be filed in accordance with Ariz.R.Civ.P. 7.2. Prior
to filing any motion in limine, the parties through counsel must meet and confer to attempt to
resolve issues to be raised by such motions, and any motions in limine must include a certification
that counsel have so conferred.
3. Deadlines: The deadline for motions in limine is 14 days before the final pretrial
management conference. In both instances, responses must be filed 7 days after service, and no
replies should be filed unless requested.
4. Under Advisement: Although motions in limine will be considered as quickly as the
court’s schedule permits, they will not be taken under advisement any sooner than 15 days before
the start of the trial, regardless of when they are filed. If the parties believe that a ruling on such a
motion early in the case will facilitate settlement, they should notify this division (by telephone at
602-372-0759 or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.
Daubert Motions:
Any motion brought for a Daubert hearing or brought under Ariz.R.Evid. 702, shall be
filed at least 120 days before the Final Trial Management Conference). Failure to file such a
motion by this date shall constitute a waiver of (1) any objection that the expert is not qualified to
render expert testimony, and/or (2) any objection that any opinion of the expert should be excluded
under Ariz.R.Evid. 702.
Miscellaneous Issues:
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
06/08/2023
Docket Code 083
Form V000A
Page 5
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 up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.
Should you want an unofficial copy of the proceedings, the parties or counsel may request
a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form 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 the fee
and present both the receipt and the form to the bailiff. For copies of hearings or trial
proceedings recorded previously, please call Electronic Records Services at 602-506-7100.
Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.
Oral Argument/Trial time will be divided equally between Plaintiff and Defendant.
If you are not familiar with this division’s electronic equipment, please make an
appointment
with
this
division’s
bailiff,
Tomi
Polvorosa,
via
email
at
[email protected], to test the equipment at least one week prior to your
hearing.
Preferred communication with this division is via email to the judicial assistant, Gail Cody,
at [email protected]. We are able to respond much quicker to an email. Please
make sure you endorse all parties involved in the case.
All inquiries regarding exhibit procedures should be directed to this division’s courtroom
clerk at (602) 506-1375.
07/26/2024 — CV2022013065 ASSOCIATION, WILLOWALK CONDOMINIUMS 07/26/2024 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
Clerk of the Superior Court
*** Electronically Filed ***
07/29/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
07/26/2024
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
AEDAN HANLEY, et al.
JONATHAN A DESSAULES
v.
WILLOWALK CONDOMINIUMS
ASSOCIATION, et al.
WILLOWALK CONDOMINIUMS
ASSOCIATION
C/O DAVID CHAMBLESS
4605 E ELWOOD ST STE 100
PHOENIX AZ 85040
KARL J GRUSE
JUDGE HANNAH
DISMISSAL CALENDAR
The Court has read defendant’s Notice of Settlement filed on July 25, 2024. Based on the
Notice of Settlement,
IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal without
further notice on or after September 26, 2024, if the parties have neither filed a stipulation to
dismiss nor asked to have the case restored to the active calendar.
IT IS FURTHER ORDERED vacating trial setting conference set July 30, 2024 at 8:30
a.m. in this division.
09/15/2023 — CV2022013065 ASSOCIATION, WILLOWALK CONDOMINIUMS 09/15/2023 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
Clerk of the Superior Court
*** Electronically Filed ***
09/18/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
09/15/2023
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
AEDAN HANLEY, et al.
JONATHAN A DESSAULES
v.
WILLOWALK CONDOMINIUMS
ASSOCIATION, et al.
WILLOWALK CONDOMINIUMS
ASSOCIATION
C/O DAVID CHAMBLESS
4605 E ELWOOD ST STE 100
PHOENIX AZ 85040
KARL J GRUSE
JUDGE HANNAH
TELEPHONIC TRIAL SCHEDULING CONFERENCE RESET
In light of the parties’ Stipulation to Extend Deadlines,
IT IS ORDERED vacating the Telephonic Trial Scheduling Conference on May 22, 2024,
at 8:45 a.m. and resetting same to July 2, 2024, at 8:45 a.m. (time allotted: 15 minutes) in this
division.
HONORABLE JUDGE JOHN HANNAH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 811
PHOENIX, AZ 85003
602-372-0759
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
09/15/2023
Docket Code 083
Form V000A
Page 2
Counsel/parties shall have their trial calendars available for the conference.
The Court is utilizing a virtual platform called Court Connect for online hearings. An auto-
generated e-mail with a link to the online “courtroom” has been sent to local counsel of record,
who should forward it to co-counsel, clients or client representatives, and others who will
participate in the hearing. You may forward the link to anyone who wants to attend the hearing,
but please advise the Court if you expect more than a few spectators so that we can make any
technical adjustments that may be necessary. If for some reason you did not receive the e-mail,
please advise the Court. The hearing may also be joined using the following
link: tinyurl.com/jbazmc-cvj07; or appearances may be made by telephone, by calling 1-917-781-
4590,
conference
ID
759-563-74#.
For
further
information,
please
visit: https://superiorcourt.maricopa.gov/court-connect/
The physical courtroom (Courtroom 811, East Court Building, 101 W, Jefferson, Phoenix,
AZ) is open and accessible for most hearings. Attorneys and parties may choose to appear in
person; and spectators are always welcome in the courtroom at public hearings. If an in-person
appearance at a scheduled online hearing is anticipated, we ask as a courtesy that you let us know
in advance (and at the same time notify the opposing party or parties) so we can ensure that the
appearance is accommodated.
PRETRIAL ORDERS
The Court having been assigned to this case, the parties shall make note of the pretrial
orders identified below. To the extent that the orders are inconsistent with any order that has been
entered in this matter, including any scheduling order, this minute entry controls and the
inconsistent language in any such previous order is vacated.
Discovery Disputes:
If a discovery dispute needs judicial intervention, the parties must first comply with Rule
37’s meet and confer provision. Absent resolution, counsel for the movant shall email the Court’s
Judicial Assistant, Gail Cody, at [email protected], and all other counsel to advise
them of his/her request for a telephonic hearing. The parties having the dispute shall thereafter
email the Court’s Judicial Assistant a three-page summary of the dispute pursuant to Rule 26(d)(2),
with each side entitled to submit one and one-half pages of that text, and a good faith consultation
certificate. Please make certain all parties are copied on the email. The judge will decide whether
a telephonic conference would be helpful for resolving the dispute. If the judge decides that a
telephonic conference is appropriate, the Judicial Assistant will contact the parties by email or
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
09/15/2023
Docket Code 083
Form V000A
Page 3
telephone to schedule the conference with the judge. When the dispute has been resolved, the
written summary and emails will be filed with the clerk as necessary to make a record.
Motion Practice:
Do not combine pleadings. (Responses, replies, cross motions, etc., should each be filed
as a separate pleading).
A proposed order/judgment must be attached as a Word doc. using the proper turbo court
code. All stipulations, joint scheduling reports, unopposed motions, etc., MUST contain a
proposed order. If your system is not allowing you to attach a Word order, you must email a copy
to this division’s Judicial Assistant, Gail Cody, at [email protected], and she can
attach it on our end.
ALL motions are held for a briefing period. If you need a determination sooner than a
normal briefing period would allow, please do the following: 1. Speak with opposing counsel to
make certain if they have an objection. If there is no objection, file a stipulation. 2. E-file the
motion and email the filed document in Word format to the judicial assistant and opposing counsel.
3. Indicate that you are asking for a shortened briefing schedule and when you need a ruling. 4.
The Court will review your request and email all parties with a briefing schedule if necessary.
If the parties have agreed to an extension of time for filing responses/replies, email my
judicial assistant regarding the agreement. Otherwise, the Court may assume that no
responses/replies will be filed and rule without the benefit of the response/reply.
Unless another order in this cause establishes a date-certain deadline, the deadline for filing
a summary judgment motion is 120 days before the trial management conference. The parties
are limited to filing one motion for summary judgment. No modification, including a stipulated
modification, of this deadline and filing limit will be honored absent a motion explaining why the
deadline or filing limit is impractical in the circumstances.
Motions in Limine:
The granting or denial of a motion in limine turns on whether the admission of evidence
reaches the level of reversible error or a mistrial. Motions in limine are not granted “except upon
a clear showing of non-admissibility.” The parties shall not file motions denominated as “in
limine” that are, in substance, late-filed motions for summary judgment.
1. Page Limit and Format: Neither the motion in limine nor the response may exceed
three pages, including the caption. Showing that the motion has merit should not require more
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
09/15/2023
Docket Code 083
Form V000A
Page 4
than that. Motions in limine shall be consecutively numbered in the caption identifying the party
filing it and the subject of the motion; e.g. “Defendant’s Motion in Limine No. 1 Re: Insurance
Agreement,” and shall deal with one discrete subject per motion. Do not respond to more than one
motion in limine in each response.
Any motion in limine or response to such a motion should begin with a simple declarative
sentence that identifies the evidence that is the subject of the motion, with the understanding that
the broader the scope of the evidence to be excluded, the less likely it is that a motion in limine
will be granted. The remainder of the motion or response should then explain why a mistrial or
reversible error would or would not result if the motion is denied, with citations to authority that
have reached the same conclusion in the same or similar circumstances (this also applies to motions
in limine based on any failure to disclose, keeping in mind that nondisclosure implicates Ariz. R.
Civ. P. 37(c)). If the motion is unable to explain why its denial would result in a mistrial or
reversible error, the remainder should then demonstrate persuasively what efficiency, economy, or
other benefit is to be gained by granting the motion.
2. Rule 7.2: Motions in limine shall be filed in accordance with Ariz.R.Civ.P. 7.2. Prior
to filing any motion in limine, the parties through counsel must meet and confer to attempt to
resolve issues to be raised by such motions, and any motions in limine must include a certification
that counsel have so conferred.
3. Deadlines: The deadline for motions in limine is 14 days before the final pretrial
management conference. In both instances, responses must be filed 7 days after service, and no
replies should be filed unless requested.
4. Under Advisement: Although motions in limine will be considered as quickly as the
court’s schedule permits, they will not be taken under advisement any sooner than 15 days before
the start of the trial, regardless of when they are filed. If the parties believe that a ruling on such a
motion early in the case will facilitate settlement, they should notify this division (by telephone at
602-372-0759 or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.
Daubert Motions:
Any motion brought for a Daubert hearing or brought under Ariz.R.Evid. 702, shall be
filed at least 120 days before the Final Trial Management Conference). Failure to file such a
motion by this date shall constitute a waiver of (1) any objection that the expert is not qualified to
render expert testimony, and/or (2) any objection that any opinion of the expert should be excluded
under Ariz.R.Evid. 702.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-013065
09/15/2023
Docket Code 083
Form V000A
Page 5
Miscellaneous Issues:
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 up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.
Should you want an unofficial copy of the proceedings, the parties or counsel may request
a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form 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 the fee
and present both the receipt and the form to the bailiff. For copies of hearings or trial
proceedings recorded previously, please call Electronic Records Services at 602-506-7100.
Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.
Oral Argument/Trial time will be divided equally between Plaintiff and Defendant.
If you are not familiar with this division’s electronic equipment, please make an
appointment
with
this
division’s
bailiff,
Tomi
Polvorosa,
via
email
at
[email protected], to test the equipment at least one week prior to your
hearing.
Preferred communication with this division is via email to the judicial assistant, Gail Cody,
at [email protected]. We are able to respond much quicker to an email. Please
make sure you endorse all parties involved in the case.
All inquiries regarding exhibit procedures should be directed to this division’s courtroom
clerk at (602) 506-1375.
Documents
Type
Title
Content Type
Size
Source
minute_entry_pdf
CV2022013065 ASSOCIATION, WILLOWALK CONDOMINIUMS 06/06/2024 HONORABLE JOHN R. HANNAH JR View Minute Entry
