01/18/2002 — CV2000009106 PICKERT, PERRY 01/18/2002 HONORABLE REBECCA A. ALBRECHT View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 01/25/2002
01/18/2002
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 023
Page 1
FILED: _________________
REGENCY HOUSE ASSOCIATION
BURTON T COHEN
v.
PERRY PICKERT, et al.
LAWRENCE R MOON
MINUTE ENTRY
2:28 p.m. This is the time set for oral argument on
Plaintiff’s Motion for Summary Judgment Upon Counterclaims.
Plaintiff is represented by counsel, Burton T. Cohen. Defendant
Tondu is represented by counsel, Lawrence R. Moon.
A record of the proceedings is made by CD/videotape in lieu
of a court reporter.
Argument is presented to the Court.
LET THE RECORD REFLECT that disclosure of witnesses was
closed
in
October
2001.
All
discovery
was
closed
on
December 15, 2001.
Those matters which have been provided to the Court since
December 15, 2001, which include persons who were not disclosed
in compliance with the Court’s orders, cannot be a part of the
trial. They, therefore, cannot be a part of the basis upon
which this Court would deny a motion for summary judgment.
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 01/25/2002
01/18/2002
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 023
Page 2
Considering the pleadings which have been properly filed,
the response fails to set forth any issues which would entitle
Defendant/Counterclaimant Ms. Tondu to have her matters decided
by the jury.
Considering those matters which have been untimely filed,
even ignoring the fact they are not affidavits, there is nothing
presented to the Court which would entitle Ms. Tondu to have her
counterclaims resolved by a jury.
IT IS ORDERED granting Plaintiff’s Motion for Summary
Judgment Upon Counterclaims.
IT IS FURTHER ORDERED dismissing counterclaims filed by
Defendant Tonya Tondu.
This matter will proceed to trial by a jury, on the primary
complaint, on January 28, 2002.
Discussion is held re: counsel’s preference of jury or
bench trial and possible resolution of this matter. If counsel
have resolved this matter through private mediation, they are to
contact this division at 602-506-3727. If this matter proceeds
to trial, counsel shall contact this division if a jury trial is
not necessary.
3:20 p.m. Matter concludes.
01/25/2002 — CV2000009106 PICKERT, PERRY 01/25/2002 HONORABLE REBECCA A. ALBRECHT View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 02/01/2002
01/25/2002
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
N. Greene
Deputy
CV 2000-009106
Docket Code 064
Page 1
FILED: _________________
REGENCY HOUSE ASSOCIATION
BURTON T COHEN
v.
PERRY PICKERT, et al.
LAWRENCE R MOON
MINUTE ENTRY
2:50 p.m. This is the time set for telephonic conference.
Plaintiff is represented telephonically by counsel Burton T.
Cohen. Defendant is represented telephonically by counsel,
Lawrence R. Moon.
Court reporter is not present.
Statements are made to the Court.
On both parties’ motion,
IT IS ORDERED vacating trial set on January 28, 2002 and
resetting same to February 11, 2002 at 9:30 a.m. for 2 days in
this division.
2:57 p.m. Matter concludes.
07/25/2001 — CV2000009106 PICKERT, PERRY 07/25/2001 HONORABLE JEFFREY A. HOTHAM View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 07/26/2001
07/25/2001
CLERK OF THE COURT
FORM V000A
HONORABLE JEFFREY A. HOTHAM
C. Balcom
Deputy
CV 2000-009106
Docket Code 042
Page 1
FILED: _________________
REGENCY HOUSE ASSOCIATION
BURTON T COHEN
v.
PERRY PICKERT, et al.
BRIAN SCHULMAN
LAWRENCE R MOON
MINUTE ENTRY
The Court having received Stipulation for Dismissal as to
Pickert,
IT IS ORDERED dismissing this case with prejudice as to
Defendant Perry L. Pickert only. The Dismissal shall have no
effect upon Plaintiff’s complaint against Defendant Tonya Tondu,
all in accordance with formal written Order signed by the Court
on July 20, 2001 and entered (filed) by the Clerk on July 25,
2001.
10/02/2001 — CV2000009106 PICKERT, PERRY 10/02/2001 HONORABLE REBECCA A. ALBRECHT View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/08/2001
10/02/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 089
Page 1
FILED: _________________
REGENCY HOUSE ASSOCIATION
BURTON T COHEN
v.
PERRY PICKERT, et al.
BRIAN SCHULMAN
LAWRENCE R MOON
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
8:50 a.m. This is the time set for Pretrial Management
Conference. Plaintiff is represented by counsel, Burton T.
Cohen. Defendants are represented by counsel, Lawrence R. Moon.
No court reporter is present.
Matters are discussed between Court and counsel.
Based on the matters presented,
IT IS ORDERED that all witnesses, expert and non-expert,
shall be disclosed on or before October 31, 2001.
IT IS FURTHER ORDERED that all interrogatories shall be
served on or before October 31, 2001.
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/08/2001
10/02/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 089
Page 2
IT IS FURTHER ORDERED that all discovery shall be completed
on or before December 15, 2001.
IT IS FURTHER ORDERED referring this matter to the
Alternative Dispute Resolution Office for the appointment of a
Judge Pro Tem to conduct a settlement conference. Said
settlement conference, scheduled by separate minute entry, shall
be conducted not before December 15, 2001 and not between
December 20, 2001 and January 4, 2002.
IT IS FURTHER ORDERED that all amendments to disclosure
statements shall be filed and exchanged on or before January 15,
2002.
IT IS FURTHER ORDERED as follows:
1.
Setting this matter for trial to a Jury on January 28,
2002 at 9:30 a.m., before Judge Rebecca A. Albrecht, 101 West
Jefferson, 4th Floor, Courtroom 411, Phoenix, AZ 85003.
Estimated length of trial: 5 days.
THIS IS A FIRM TRIAL SETTING.
2.
No less than ten (10) judicial days prior to trial,
counsel (or the parties) shall file:
A.
The
joint
pretrial
statement
shall
be
filed
in
accordance with Rule VI, Uniform Rules of Practice. In
addition to the information required by Uniform Rule VI,
counsel are to identify in/with the joint pretrial
statement all deposition or other transcribed testimony
that
may
be
offered
at
trial,
other
than
for
impeachment. The proposed testimony is to be identified
by reference to page and line numbers. Objections, if
any, to such testimony, and the reasons for such
objections, are also to be set forth.
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/08/2001
10/02/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 089
Page 3
B.
Requested
jury
instructions1,
and
any
voir
dire
questions.
C.
Any trial memoranda (optional), which will be in lieu of
post-trial briefs unless otherwise requested by the
court at the conclusion of the trial.
D.
Motions in limine, which meet the test of State v.
Superior Court, 108 Ariz. 396, 499 P.2d 152 (1972):
“The primary purpose of a motion in limine is to avoid
disclosing to the jury prejudicial matters which may
compel a mistrial.”
E. Proposed findings of fact and conclusions of law (if a
request for findings of fact and conclusions of law has
been or will be filed).
F.
Jointly
completed
time
and
witness
estimate
form
(Attached).
3. Written response to a motion in limine may be filed no
later than five (5) days before trial. No reply shall be filed.
The Court will rule without oral argument.
4. Motions for Summary Judgment shall be filed no later
than 90 days prior to trial. All other motions (except motions
in limine) shall be filed no later than sixty (60) days prior to
trial. This is in order so all motions can be scheduled,
briefed, argued and decided prior to trial.
5. At least one week before trial, the trial lawyers shall
make an appointment for themselves or their knowledgeable
assistants to meet with the clerk of this division at least two
court days before trial, presenting all exhibits and a list of
exhibit descriptions. The exhibits will be marked serially in
the order in which they are received by the clerk. For other
questions regarding exhibits, contact the clerk in this division
(602-506-8846).
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/08/2001
10/02/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 089
Page 4
6.
Opinions of experts fairly sought and revealed in
deposition or other discovery shall not be supplemented at
trial.
7. The
witness
and
exhibit
lists
shall
contain
no
surprises; any information sought by other discovery devices and
revealed for the first time on the witness or exhibit lists will
be inadmissible at trial.
8. All documents and pleadings described above shall be
delivered or telefaxed to opposing counsel on the date they are
delivered to the court.
9.
DISCOVERY SHALL BE COMPLETED 60 OR MORE DAYS BEFORE THE
DATE SET FOR TRIAL AND NO DISCOVERY DONE AFTER THAT DATE,
WHETHER ON STIPULATION OR NOT, SHALL BE USED AT TRIAL UNLESS THE
COURT ENTERS A WRITTEN ORDER PERMITTING SUCH DISCOVERY.
* * *
NOTE:
This court holds trial Monday through
Thursday. Generally, the daily hours are:
9:30 a.m. to 12:00 p.m.
1:30 p.m. to 4:30 p.m.
1
SUBMISSION OF PROPOSED JURY INSTRUCTIONS
If counsel request any of the Recommended Arizona Jury
Instructions, the instruction does not have to be typed in its
entirety. Rather, counsel should submit the instruction in the
following manner:
[i.e.--in civil cases]:
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/08/2001
10/02/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 089
Page 5
RAJI Standard
1- Duty of Jurors
RAJI Standard
3- Arguments of Counsel
RAJI Negligence
1- Statement of Issues as
to Liability
AS FOR NON-RAJI INSTRUCTIONS, these should be typed, each
on a separate page with a heading [i.e.: Plaintiff’s Instruction
No.2 etc.], and provide authority for the instruction. Number
each instruction consecutively, rather than leaving a blank
space for someone else (such as the court) to number. Each
instruction
should
also
be
submitted
on
a
disk
in
Word 97/Windows format.
If there are any questions, feel free to call.
PLEASE NOTE: E-Courtroom Policies
Courtroom 411 is one of the new “e-courtrooms” and provides
state of the art equipment for case presentation. Please note
the following provisions:
1. The e-courtroom does not have a court reporter present.
If you wish to have a court reporter present for the
duration of your trial, you must notify the court at
least 72 hours prior to the beginning of trial.
2. If you do not wish to use the services of a court
reporter,
but
would
like
a
recording
of
your
presentation, please provide the court with an unopened
VHS video tape. A specific type of video tape must be
used for this system in order to ensure the most
reliable record: Fuji Super HG 120 VHS SNG T-120 or
equivalent. Tapes are available in the Change of Venue
sundries store in the cafeteria.
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/08/2001
10/02/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 089
Page 6
3. If you would like some pre-trial instruction on using
any of the equipment in this courtroom, please contact
the division at (602) 506-3727.
All equipment will be ready for your use when you arrive in
the court. If for some reason it isn’t, please contact my staff
for assistance. Do not attempt to set up the court equipment by
yourself! In addition, please do not unplug, move, or in any
way alter any of the equipment, microphones, cameras, etc. in
the courtroom.
ATTACHED: Time Estimates Form.
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/08/2001
10/02/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 089
Page 7
CAUSE NUMBER___________________________________________________
CASE CAPTION ____________________________________________________
PLAINTIFF'S COUNSEL _____________________________________________
DEFENDANT'S COUNSEL ___________________________________________
(NOTE : Add additional lines as needed for additional parties and or witnesses.)
TIME ESTIMATES FOR TRIAL
Opening Statement and Closing Argument
PLAINTIFF'S OPENING STATEMENT
DEFENDANT'S OPENING
PLAINTIFF'S CLOSING
DEFENDANT'S CLOSING
PLAINTIFF'S REBUTTAL
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/08/2001
10/02/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 089
Page 8
Estimate of Time for Witness Examination
PLAINITIFF'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/08/2001
10/02/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 089
Page 9
Estimate of Time for Witness Examination
DEFENDANT'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 10/08/2001
10/02/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 089
Page 10
CASE CAPTION:
TIME ESTIMATES
The foregoing are based on the best estimates of counsel of the time reasonably needed to complete the
necessary examination of the witnesses listed.
____________________________________
Counsel for Plaintiff
____________________________________
____________________________________
Counsel for Defendant
____________________________________
12/03/2001 — CV2000009106 PICKERT, PERRY 12/03/2001 HONORABLE REBECCA A. ALBRECHT View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 12/05/2001
12/03/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 094
Page 1
FILED: _________________
REGENCY HOUSE ASSOCIATION
BURTON T COHEN
v.
PERRY PICKERT, et al.
BRIAN SCHULMAN
LAWRENCE R MOON
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument re: Plaintiff’s Motion
for Summary Judgment Upon Counterclaims on January 18, 2002 at
2:30 p.m. in this division:
HONORABLE REBECCA A. ALBRECHT
JUDGE OF THE SUPERIOR COURT
EAST COURT BUILDING - 4TH FLOOR
COURTROOM 411
101 W JEFFERSON
PHOENIX, AZ 85003
(602) 506-3727
Allotted time is 1 hour.
E-Courtroom Policies
Courtroom 411 is one of the new “e-courtrooms” and provides
state of the art equipment for case presentation. Please note
the following provisions:
SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 12/05/2001
12/03/2001
CLERK OF THE COURT
FORM V000A
HONORABLE REBECCA A. ALBRECHT
L. Falkenburg
Deputy
CV 2000-009106
Docket Code 094
Page 2
1. The e-courtroom does not have a court reporter present.
If you wish to have a court reporter present for the
duration of your trial, you must notify the court at
least 72 hours prior to the beginning of trial.
2. If you do not wish to use the services of a court
reporter,
but
would
like
a
recording
of
your
presentation, please provide the court with an unopened
VHS video tape. A specific type of video tape must be
used for this system in order to ensure the most reliable
record: Fuji Super HG 120 VHS SNG T-120 or equivalent.
Tapes are available in the Change of Venue sundries store
in the cafeteria.
3. If you would like some pre-trial instruction on using any
of the equipment in this courtroom, please contact the
division at (602) 506-3727.
All equipment will be ready for use upon arrival of the
parties. If for some reason it isn’t, please contact court
staff for assistance. Do not attempt to set up the court
equipment by yourself! In addition, please do not unplug, move,
or in any way alter any of the equipment, microphones, cameras,
etc. in the courtroom.
