01/25/2016 — CV2014094502 GOODE, JAMES E 01/25/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/27/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
01/25/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
JAMES E GOODE
JAMES E GOODE
2371 W HAZELWOOD ST # 62
PHOENIX AZ 85015
RULING
The Court has read Plaintiff’s Motion for Summary Judgment electronically filed on
December 7, 2015.
Defendant, who is not represented by counsel, has failed to respond in any manner to
Plaintiff’s Motion and the time for doing so under Rule 7.1(a), Arizona Rules of Civil Procedure,
has expired. Pursuant to Rule 7.1(b), Arizona Rules of Civil Procedure, the Court finds that
Defendant’s unexplained inaction should be deemed to be a consent to the granting of the
Motion. Accordingly, and as Plaintiff’s Motion and the record in this case establish that Plaintiff
is entitled as a matter of law to the relief it is seeking,
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment.
IT IS FURTHER ORDERED that Plaintiff’s counsel shall submit for the Court’s
review and signature an appropriate form of Judgment by February 15, 2016.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
01/25/2016
Docket Code 019
Form V000A
Page 2
IT IS FURTHER ORDERED that any application for attorney’s fees and costs shall be
submitted with the proposed form of Judgment by the February 15, 2016, deadline.
Any responses/objections thereto shall be filed in accordance with the Arizona Rules of
Civil Procedure.
In light of the granting of Plaintiff’s Motion for Summary Judgment,
IT IS ORDERED vacating Trial to the Court set for March 3, 2016, at 1:30 p.m.
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.
05/19/2015 — CV2014094502 GOODE, JAMES E 05/19/2015 HON. MARK F. ACETO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
05/22/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
05/19/2015
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
JAMES E GOODE
JAMES E GOODE
2371 W HAZELWOOD ST
# 12
PHOENIX AZ 85015
ALTERNATIVE DISPUTE
RESOLUTION - CCC
SCHEDULING ORDER
The court having reviewed the plaintiff’s Proposed Scheduling Order,
IT IS ORDERED as follows:
The deadline for service of written discovery requests is 5:00 p.m. on
August 28, 2015.
The deadlines for disclosure established by Rule 26.1, ARCP (including
the obligation to seasonably supplement prior disclosures) remain in full
force and effect. The deadlines established in this order in no way
supersede the obligation to make earlier disclosure required by Rule 26.1.
The deadline for disclosure of non-expert witnesses is 5:00 p.m. on July 2,
2015.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
05/19/2015
Docket Code 028
Form V000A
Page 2
The deadline for disclosure of expert witnesses and their opinions is:
Plaintiff-July 2, 2015
Defendant-August 14, 2015
The deadline for disclosure of rebuttal expert witnesses and their opinions
is 5:00 p.m. on September 14, 2015.
The deadline for completion of discovery is 5:00 p.m. on November 13,
2015.
The deadline for final supplementation of Rule 26.1 disclosure is 5:00
p.m. on October 30, 2015.
The parties shall participate in a mandatory Settlement Conference by
November 13, 2015. This case is referred to the Court’s Alternative
Dispute Resolution Office for 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
“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 no later than
November 13, 2015. The Office of Alternative Dispute Resolution will
not do the scheduling of the settlement conference so please do not contact
that office.
If the parties decide to use a private mediator, they must forthwith advise
the Office of Alternative Dispute Resolution and any judge pro tempore
who has been assigned to conduct the settlement conference.
Additionally, private mediation must be completed by the deadline
established above.
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/Mediation.
Sanctions may be imposed for failure to participate.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
05/19/2015
Docket Code 028
Form V000A
Page 3
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.
The deadline for filing dispositive or partially dispositive motions is 5:00
p.m. on December 2, 2015 or 140 days before trial, whichever comes
first.
A Telephonic Status Conference is set for November 23, 2015 at 9:30
a.m.1 Counsel who will be lead counsel at trial must participate in the
Telephonic Status Conference. Counsel must have their trial calendars
available during this conference.
NOTE: Plaintiff shall be responsible for initiating the conference call by
calling the court at 602-506-2194, with all participating parties and
counsel on the line, at the date and time specified above.
If mediation or a settlement conference will not be completed before the
above discussed Telephonic Status Conference, counsel must file a Notice
no later than seven days before the conference. In the Notice, counsel
must (1) explain why mediation or a settlement conference has not been
completed and (2) advise of the date on which private mediation or a
settlement conference is scheduled.
If mediation or a settlement conference has not been completed before the
Telephonic Status Conference, the court will consider imposing sanctions.
1 This case is currently on a calendar assigned to Judge Mark Aceto. Effective June 22, 2015, this calendar
(including this case) will be reassigned to Judge Robert Oberbillig. Judge Oberbillig’s telephone number is (602)
506-2194.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
05/19/2015
Docket Code 028
Form V000A
Page 4
The deadlines established by this order are firm and will not be extended
or modified by the court absent good cause. Lack of preparation will not
ordinarily be considered good cause.
This case is removed from the Dismissal Calendar and all requirements of
Rule 38.1, ARCP, are waived unless and until otherwise ordered by the
court.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
09/01/2017 — CV2014094502 GOODE, JAMES E 09/01/2017 HONORABLE JOSHUA D. ROGERS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/07/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
09/01/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSHUA D. ROGERS
I. Ostrander
Deputy
TANGLEWOOD H O A
LASHAWN D JENKINS
v.
JAMES E GOODE
JAMES E GOODE
2371 W HAZELWOOD ST # 62
PHOENIX AZ 85015
ORDER ENTERED
The Court has before it Plaintiff’s Application to Prevent Waste Prior to Expiration of
Redemption Period filed on August 30, 2017.
IT IS ORDERED Defendant shall file a Response to Plaintiff’s Application by no later
than September 11, 2017. If Defendant fails to file a Response by September 11, 2017,
Plaintiff’s Application will be granted.
11/23/2015 — CV2014094502 GOODE, JAMES E 11/23/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
11/23/2015
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
JAMES E GOODE
JAMES E GOODE
2371 W HAZELWOOD ST
#62
PHOENIX AZ 85015
DOCKET-CIVIL-SE
STATUS CONFERENCE
TRIAL TO THE COURT SET
Courtroom 206 SEF
9:42 a.m. This is the time set for telephonic Status Conference to set trial. Plaintiff is
represented telephonically by counsel, James Portman Webster. Defendant is present
telephonically on his own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held.
9:45 a.m. Court stands in recess as the call is inadvertently disconnected.
9:47 a.m. Court reconvenes, with Plaintiff’s counsel and Defendant present
telephonically.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
11/23/2015
Docket Code 089
Form V000A
Page 2
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Further discussion is held.
LET THE RECORD REFLECT that Defendant’s address is incorrect in iCIS.
Defendant indicates on the record that his correct address is as follows:
2371 W. Hazelwood Street, #62
Phoenix, Arizona 85015
IT IS ORDERED directing the Civil Docket to update Defendant’s address in iCIS as
stated this date on the record in open court.
Based on the discussion held,
IT IS ORDERED setting this matter for Trial to the Court on March 3, 2016, at 1:30
p.m. (2 hours allotted). Trial is set before:
The Honorable Robert H. Oberbillig
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.2194
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.
THIS IS A FIRM TRIAL SETTING. A MOTION TO CONTINUE BASED ON
LACK OF PREPARATION WILL NOT BE GRANTED.
IT IS FURTHER ORDERED that a Joint Pretrial Statement in accordance with Rule
16(d), Arizona Rules of Civil Procedure, shall be filed by 5:00 p.m. on February 25, 2016.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
11/23/2015
Docket Code 089
Form V000A
Page 3
IT IS FURTHER ORDERED as follows:
PROCEDURES FOR SUBMITTING EXHIBITS TO BE MARKED FOR TRIAL
Provide an exhibit list with a brief description of each exhibit. The list should
contain the case number, the caption, the scheduled trial date, and the party
(Plaintiff/Defendant) submitting the exhibits.
Counsel should confer and do the following:
Indicate on the exhibit list those exhibits that have been stipulated into evidence;
and
Insure that there are NO duplicate exhibits submitted.
Exhibits will be marked numerically and consecutively.
Plaintiff’s exhibits are marked first, followed by Defendant’s.
Do NOT use subsections of exhibits, e.g., 4a or 4.001. If subsections are used,
each subsection will be marked as the next consecutive number and your exhibit
list numbers will not match the Court’s exhibit list numbers. Please use only the
next consecutive number for each exhibit.
Do not leave blank spaces as numbers will not be held. If there is a blank, the
next exhibit shall be marked consecutively to the previously numbered exhibit.
Exhibits shall be submitted in three-ring binders only if there are fewer than 100
total exhibits and shall be separated by a numbered, tabbed divider sheet. Three-
ring binders shall not be 100 percent full. The tabbed divider shall reflect the number
of the exhibit and shall be placed on top of the exhibit. Exhibits shall be stapled or
clipped. DO NOT STAPLE THE DIVIDER TO THE EXHIBIT.
If there are more than 100 exhibits, each exhibit shall be stapled together separately
(or fastened with an Acco binder), with a colored sheet of paper between each exhibit
and with the corresponding exhibit number thereon. The exhibits shall be contained
in a Banker’s box.
Blow-ups and large items may only be used for demonstrative purposes during trial.
If you would like them to be marked as an exhibit, you must provide/submit an 8 ½ x
11” photo of the item for marking as an exhibit.
Depositions are NOT marked as exhibits. Counsel shall present ORIGINAL
depositions for filing at the same time that exhibits are provided. ORIGINAL
depositions are filed in by the division clerk.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094502
11/23/2015
Docket Code 089
Form V000A
Page 4
EXHIBITS MUST BE DELIVERED to Judge Oberbillig’s division clerk by
12:00 p.m. on February 25, 2016. If the clerk is unavailable, the exhibits may be
given to the bailiff or to the judicial assistant.
A bench copy of all exhibits marked for trial shall be provided for the Court’s
use during trial. When providing the bench copy, please submit exhibits in a
binder, following the instructions for submitting exhibits to be marked.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the party also should email the pleading to the Court’s judicial assistant at
[email protected] and to [email protected].
COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.
9:50 a.m. Hearing concludes.
