05/08/2018 — CV2018000098 DRIVER, MICHAEL 05/08/2018 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
05/10/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-000098
CV 2018-001079
05/08/2018
Docket Code 053
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
S. Brown
Deputy
KAMLY TSUI, et al.
ROBERT F GEHRKE
v.
MICHAEL DRIVER
SANDRA LEMON
JOHN DUKE HARRIS
MARIA R KUPILLAS
COURT ADMIN-CIVIL-ARB DESK
COURT ADMIN-CIVIL-CCC
DOCKET-CIVIL-CCC
JUDGE MAHONEY
MINUTE ENTRY
The Court has considered Defendant Driver’s March 26, 2018 Motion to
Consolidate. No response has been received. Good cause appearing,
IT IS HEREBY ORDERED consolidating Case No. CV2018-001079 into Case No.
CV2018-000098.
IT IS FURTHER ORDERED, relieving the arbitrator appointed in CV2018-000098 of
further responsibility in these matters. Since CV2018-001079 has been certified as not
appropriate for compulsory arbitration, the consolidated case will, by definition, also not be
eligible.
It appears the pleadings are closed in both matters. Accordingly,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-000098
CV 2018-001079
05/08/2018
Docket Code 053
Form V000A
Page 2
IT IS ORDERED, that the parties shall submit a Joint Pretrial Memorandum as set forth
below.
The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order
prescribed herein. The Court may adopt or modify the discovery and disclosure schedule order
and set a scheduling conference for purposes of setting a trial date. Any request for a pretrial
conference contained in the pleading is denied without prejudice to the parties explaining the
reasons for the need for a pretrial conference in the first paragraph of the Joint Pretrial
Memorandum.
If the parties fail to file a timely memorandum, sanctions may issue pursuant to Rule
16(f).
IT IS FURTHER ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b). Counsel shall prepare and file with the Court by 5 p.m. on June 30, 2018, a Joint Pretrial
Memorandum, and prepare a proposed order for Discovery and Disclosure deadlines. The
proposed order shall include dates for the following items and conform substantially with the
attached sample order.
1.
A date or dates for initial disclosures and/or to supplement disclosures made to
date.
2.
An initial and final date to propound written discovery requests that shall
include, as far as can reasonably be anticipated, any and all medical examinations
which may be required of any of the parties; the person or persons to conduct such
examinations; and all tangible evidence to be disclosed or exchanged.
3.
A date for the initial and final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.
4.
A date for the initial and final disclosure of the identities, subject matter, and
reports of expert witnesses, and/or to supplement disclosures made to date.
5.
A date for the completion of all depositions.
6.
A date by which any motions to amend the pleadings will be filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-000098
CV 2018-001079
05/08/2018
Docket Code 053
Form V000A
Page 3
7.
A date by which all discovery motions will be filed.
8.
A date by which all dispositive or partially dispositive motions shall be filed.
9.
A proposed date for a Mandatory Settlement Conference pursuant to Rule
16.1. Alternatively, the parties may propose a deadline by which they will
participate in private mediation. If the parties require the appointment of a judge pro
tem to conduct their settlement conference, Plaintiff shall move the appointment
within 30 days.
10.
The anticipated length of trial.
If the parties agree as to the dates, they need only prepare and submit the proposed order
attached hereto. If counsel are unable to agree on some or all of the items set forth in the
attached form of order, they shall submit their agreements in the form of the attached form of
order, together with their separate proposals and reasons for any disagreements. All proposed
deadlines shall be set forth as calendar dates, and not in the form “XX days before trial.”
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rules of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of courtesy, but to ensure that no party suffers
summary disposition on an issue by virtue of an extension as to which the Court is not aware.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-000098
CV 2018-001079
05/08/2018
Docket Code 053
Form V000A
Page 4
[Proposed] Scheduling Order
The Court having received the parties’ Joint Comprehensive Pretrial Conference
Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
(1)
Initial disclosures shall be exchanged by: (MM/DD/YYYY)
(2)
Written discovery shall be propounded by: (MM/DD/YYYY)
(3)
Written discovery shall be completed by: (MM/DD/YYYY)
(4)
Final non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(6)
Plaintiff’s final expert disclosures shall be served by: (MM/DD/YYYY)
Defendant’s final expert disclosures shall be exchanged by: (MM/DD/YYYY)
Rebuttal expert disclosures shall be exchanged by: (MM/DD/YYYY)
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
All discovery motions shall be filed by: (MM/DD/YYYY)
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
Dispositive Motions shall be filed by: (MM/DD/YYYY)
(11)
The parties remaining in this action shall participate in private mediation by
(MM/DD/YYYY) OR The parties remaining in this action shall participate in a
Mandatory Settlement Conference (through the Court’s ADR Department) by
(MM/DD/YYYY) (Note: only one of the preceding two options shall be
included in the proposed order)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-000098
CV 2018-001079
05/08/2018
Docket Code 053
Form V000A
Page 5
(12)
The following number of days will be required to pick a jury, try this matter, and
submit the matter to the jury for decision: ____
IT IS ORDERED setting a telephonic Status Conference to be initiated by the Plaintiff(s)
in this matter on [counsel to leave this date blank], (time allotted: 15 minutes), in this Division.
HONORABLE HUGH HEGYI
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
COURTROOM 611
PHOENIX, AZ 85003
602 506-3963 TEL
602 372-8636 FAX
IT IS FURTHER ORDERED that in no less than five days prior to the Status Conference
set herein, the parties shall submit a Joint Statement pursuant to ARCP 16(d) and report to the
Court the history and status of the efforts at Alternative Dispute Resolution pursuant to ARCP
Rule 16(g).
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel
shall use good faith efforts to speak to one another in person or by telephone pursuant to ARCP
26(g). If such conference is unsuccessful, counsel are strongly urged to initiate a conference call
with this Division to give it an opportunity to attempt to decide the issues without the expense
and delay of filing a motion to compel or motion for protective order.
[SIGNATURE AND DATE LINES, PLEASE]
07/06/2018 — CV2018000098 DRIVER, MICHAEL 07/06/2018 HONORABLE HUGH HEGYI View Minute Entry ↑ top
- Source
- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
07/09/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-000098
07/06/2018
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
S. Brown
Deputy
KAMLY TSUI, et al.
ROBERT F GEHRKE
v.
MICHAEL DRIVER
SANDRA LEMON
MARIA R KUPILLAS
JONATHAN NEGRETTI
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
Pursuant to the Proposed Scheduling Order, electronically signed by the Court,
IT IS ORDERED, the parties shall participate in a mandatory settlement conference to be
held no later than January 3, 2019. This case is hereby referred to the Court’s Alternative
Dispute Resolution Department for the appointment of a judge pro tempore to conduct a
settlement conference. Counsel and/or the parties will receive a minute entry from ADR
appointing the judge pro tempore. Counsel and any self-represented parties are ordered to
contact the appointed judge pro tempore to arrange the date, time, and location for the settlement
conference. The Office of Alternative Dispute Resolution will not schedule the settlement
conference so please do not contact that office.
All counsel and their clients, or non-lawyer representatives who have full and complete
authority to settle the case, shall personally appear and participate in good faith in the Settlement
Conference. Sanctions may be imposed for failure to comply with their orders.
