Case Header

Maricopa County Superior Court Case CV2021-013672: public docket details, parties, minute entries, documents, and official source links for Power Ranch Community Association.

Case Number

CV2021-013672

County

Maricopa

Caption

Not captured

Filed

8/30/2021

Case Type

Civil

Judge

Kreamer, Joseph

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Clerk of the Superior Court

*** Electronically Filed ***

03/22/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

03/21/2023

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
ALLISON T PRESTON

v.

RAVEN POOLS INC, et al.
LISA I STREU

JASON R MULLIS
JUDGE HANNAH

DISMISSAL CALENDAR

The Court has read defendants’ Notice of Settlement filed on March 17, 2023. Based on
the Notice of Settlement,

IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal without
further notice on or after May 22, 2023, 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 February 6, 2024, at
8:45 a.m. in this division.

Clerk of the Superior Court

*** Electronically Filed ***

06/06/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

06/03/2022

Docket Code 041
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
ALLISON T PRESTON

v.

RAVEN POOLS INC, et al.
LISA I STREU

SURMAC INC
1999 BRYAN ST STE 900
DALLAS TX 75201
JASON R MULLIS
JUDGE HANNAH

TELEPHONIC 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 August 11, 2022 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 2021-013672

06/03/2022

Docket Code 041
Form V000A
Page 2

Counsel/parties shall have their trial calendars available for the conference.

Please note that the Court is utilizing a virtual platform called Court Connect. An auto-
generated e-mail has been sent to local counsel of record. If for some reason you did not receive
the e-mail, please advise the Court. You may join the hearing using the following link:
https:\\tinyurl.com/jbazmc-cvj07, or you may appear via telephone by calling 1-917-781-4590,
conference
ID#
75956374#.
For
further
information,
please
visit:
https:\\superiorcourt.maricopa.gov/court-connect/

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:

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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

06/03/2022

Docket Code 041
Form V000A
Page 3

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. The number of motions
in limine is limited to four (4) per side.

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.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

06/03/2022

Docket Code 041
Form V000A
Page 4

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 30 days before the final pretrial
management conference. In both instances, responses must be filed 15 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
602-506-4791 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
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

06/03/2022

Docket Code 041
Form V000A
Page 5

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.

Clerk of the Superior Court

*** Electronically Filed ***

08/15/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

08/11/2022

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
ALLISON T PRESTON

v.

RAVEN POOLS INC, et al.
LISA I STREU

SURMAC INC
1999 BRYAN ST STE 900
DALLAS TX 75201
JASON R MULLIS
CURTIS S EKMARK
JUDGE HANNAH

STATUS CONFERENCE SET

East Court Building – Courtroom 811

8:58 a.m. This is the time set for a virtual Trial Setting Conference. Plaintiff, Power Ranch
Community Association, is represented by counsel, Curtis Ekmark. Defendant, Raven Pools, Inc.,
is represented by counsel, Lisa I. Streu. Defendant, Crossfield Products Corp., is represented by
counsel, Jason R. Mullis. All parties appear via the Court Connect platform.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding case status and scheduling.

For the reasons as stated on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

08/11/2022

Docket Code 028
Form V000A
Page 2

IT IS ORDERED directing counsel to meet and confer regarding amendments to the
existing Scheduling Order. If counsel are unable to agree they are directed to file a motion with
the Court.

IT IS FURTHER ORDERED setting a virtual Status Conference on October 13, 2022
at 8:45 a.m. in this division.

HONORABLE JOHN HANNAH
JUDICIAL OFFICER OF THE SUPERIOR COURT
EAST COURT BUILDING
COURTROOM 811
101 W. JEFFERSON
PHOENIX, AZ 85003
(602) 372-0759

Please note that the Court is utilizing a virtual platform called Court Connect. An auto-
generated e-mail has been sent to local counsel of record. If for some reason you did not receive
the e-mail, please advise the Court. You may join the hearing using the following link:
https:\\tinyurl.com/jbazmc-cvj07, or you may appear via telephone by calling 1-917-781-4590,
conference
ID#
75956374#.
For
further
information,
please
visit:
https:\\superiorcourt.maricopa.gov/court-connect/

This is a 15 minute proceeding. The Court will determine if more time is needed. If there
is a failure to appear, the Court may make such orders as are just, including granting the relief
requested by the party who does appear.

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.

9:14 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

08/29/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

08/26/2022

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
S. Ortega

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
ALLISON T PRESTON

v.

RAVEN POOLS INC, et al.
LISA I STREU

SURMAC INC
1999 BRYAN ST STE 900
DALLAS TX 75201
JASON R MULLIS
JUDGE HANNAH

TRIAL SETTING CONFERENCE RESET

On the Court’s own motion,

IT IS ORDERED vacating the virtual Trial Setting Conference on October 13, 2022 at
8:45 a.m. and resetting same to October 17, 2022 at 9:00 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 2021-013672

08/26/2022

Docket Code 083
Form V000A
Page 2

Counsel/parties shall have their trial calendars available for the conference.

Please note that the Court is utilizing a virtual platform called Court Connect. An auto-
generated e-mail has been sent to local counsel of record. If for some reason you did not receive
the e-mail, please advise the Court. You may join the hearing using the following link:
https://tinyurl.com/jbazmc-cvj07, or you may appear via telephone by calling 1-917-781-4590,
conference
ID#
75956374#.
For
further
information,
please
visit:
https://superiorcourt.maricopa.gov/court-connect/.

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:

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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

08/26/2022

Docket Code 083
Form V000A
Page 3

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.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

08/26/2022

Docket Code 083
Form V000A
Page 4

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
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

08/26/2022

Docket Code 083
Form V000A
Page 5

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.

Clerk of the Superior Court

*** Electronically Filed ***

10/20/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

10/17/2022

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
L. Gilbert

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
ALLISON T PRESTON

v.

RAVEN POOLS INC, et al.
LISA I STREU

JASON R MULLIS
JUDGE HANNAH

MINUTE ENTRY

East Court Building – Courtroom 811

9:05 a.m. This is the time set for a Trial Setting Conference. The following parties
appear virtually through the Court Connect platform:

 Plaintiff is represented by counsel, Curtis Ekmark, appearing for counsel of
record, Allison T. Preston
 Defendant Raven Pools, Inc. is represented by counsel, Lis I. Streu
 Defendant Crossfield Products, Corp. is represented by counsel, Jason R. Mullis

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding the status of the case, plaintiff’s pending Motion for
Sanctions for Violating Rule 4.2, and defendant Crossfield Products Corp.’s pending Motion to
Amend Scheduling Order.

In light of the pending motions, which need to be resolved prior to setting a trial date,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

10/17/2022

Docket Code 083
Form V000A
Page 2

IT IS ORDERED vacating the Trial Setting Conference set this date and resetting same
to November 8, 2022 at 9:00 a.m. (time allotted: 30 minutes) in this division. Oral Argument
will also be held on plaintiff’s pending Motion for Sanctions for Violating Rule 4.2, filed
September 7, 2022, and defendant Crossfield Products Corp.’s pending Motion to Amend
Scheduling Order, filed October 12, 2022.

HONORABLE JUDGE JOHN HANNAH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 811
PHOENIX, AZ 85003
602-372-0759

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.

If the parties reach an agreement regarding an amended scheduling order and file the
appropriate joint report and proposed amended scheduling order, oral argument on the Motion to
Amend Scheduling Order will be vacated.

9:20 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

11/09/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

11/08/2022

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
ALLISON T PRESTON

v.

RAVEN POOLS INC, et al.
LISA I STREU

JASON R MULLIS
CURTIS S EKMARK
STEPHEN FONG
JUDGE HANNAH

MINUTE ENTRY

East Court Building – Courtroom 811

9:01 a.m. This is the time set for a virtual Oral Argument regarding plaintiff’s Motion for
Sanctions for Violating Rule 4.2, filed September 7, 2022 and defendant Crossfield Products
Corp’s Motion to Amend Scheduling Order, filed October 12, 2022. Plaintiff, Power Ranch
Community Association, is represented by counsel, Curtis S. Ekmark for Allison T. Preston.
Defendant, Raven Pools, Inc., is represented by counsel, Lisa I. Streu. Defendant, Crossfield
Products Corp., is represented by counsel, Stephen Fong for Jason R. Mullis. All parties appear
via the Court Connect platform.

A record of the proceedings is made digitally in lieu of a court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

11/08/2022

Docket Code 005
Form V000A
Page 2

The Court notes that a Notice of Resolution of Dispute Regarding Scheduling Order has
been received. The parties are directed to lodge a form of order, with a space for new date for the
Trial Setting Conference, for the Court’s signature.

Argument is presented.

For the reasons as stated on the record,

The Court finds that counsel for Raven Pools Inc. violated ER 4.2 by contacting the former
community manager and former maintenance manager for Power Ranch Community Association
without the consent of counsel for Power Ranch Community Association.

IT IS ORDERED that counsel meet and confer regarding how to remedy the issues that
arise from these violations.

If the parties are not able to resolve the matter fully by agreement,

IT IS FURTHER ORDERED that those conversations include a discussion of fact-
finding in relation to the violation and a method by which the Court can determine the damage
done.

IT IS FURTHER ORDERED that Raven Pools Inc. disclose to Power Ranch Community
Association any memoranda, notes, correspondence or other documents relating to Ms. Streu’s
communication with the community manager and maintenance manager. If no such documents
exist, then Ms. Streu is directed to provide a written statement to that effect.

IT IS FURTHER ORDERED Ms. Streu may not disclose or permit disclosure of
information she received from the witnesses to any person other than counsel for Power Ranch
Community Association, absent further order of this Court.

With the concurrence of Crossfield Products Corp. through counsel,

IT IS FURTHER ORDERED the above orders do not require, or permit, disclosure of
the protected information to Crossfield Products Corp. or its attorney. Crossfield Products Corp.
may request reconsideration of this order in the event counsel believes this order is putting
Crossfield at a disadvantage in the litigation.

The Court finds that Crossfield Products Corp. is not responsible for any improper
communications with witnesses that may have occurred.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

11/08/2022

Docket Code 005
Form V000A
Page 3

9:40 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

11/29/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

11/28/2022

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
ALLISON T PRESTON

v.

RAVEN POOLS INC, et al.
LISA I STREU

JASON R MULLIS
JUDGE HANNAH

STATUS CONFERENCE SET

On the Court’s own motion,

IT IS ORDERED setting a virtual Status Conference on January 12, 2023 at 9:00 a.m.
in this division.

HONORABLE JOHN HANNAH
JUDICIAL OFFICER OF THE SUPERIOR COURT
EAST COURT BUILDING
COURTROOM 811
101 W. JEFFERSON
PHOENIX, AZ 85003
(602) 372-0759

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

11/28/2022

Docket Code 028
Form V000A
Page 2

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.

This is a 15-minute proceeding. The Court will determine if more time is needed. If there
is a failure to appear, the Court may make such orders as are just, including granting the relief
requested by the party who does appear.

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.

Clerk of the Superior Court

*** Electronically Filed ***

11/30/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-013672

11/29/2022

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
ALLISON T PRESTON

v.

RAVEN POOLS INC, et al.
LISA I STREU

JASON R MULLIS
JUDGE HANNAH

TELEPHONIC 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 February 6, 2024 at 8:45 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 2021-013672

11/29/2022

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 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 2021-013672

11/29/2022

Docket Code 026
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. The number of motions
in limine is limited to four (4) per side.

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 2021-013672

11/29/2022

Docket Code 026
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 30 days before the final pretrial
management conference. In both instances, responses must be filed 15 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
602-506-4791 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 2021-013672

11/29/2022

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. 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