01/13/2003 — CV2001010072 LUMBER COMPANY, MILLER WHOLESALE 01/13/2003 HON. GARY E. DONAHOE View Minute Entry ↑ top
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- Minute Source
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-010072
01/13/2003
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
S. Yoder
Deputy
FILED: 01/20/2003
MILLER WHOLESALE LUMBER COMPANY,
et al.
MALCOLM T SLOAN
v.
JOHN B PERONA, et al.
GREG R DAVIS
SCHEDULING CONFERENCE SET
The Court acknowledges receipt of Plaintiffs’ Motion to Set and Certificate of Readiness.
IT IS HEREBY ORDERED setting a telephonic trial scheduling conference on
February 14, 2003 at 1:30 p.m. Counsel for Plaintiff is requested to arrange and initiate the
telephone conference to the Court at 602-506-3712.
02/14/2003 — CV2001010072 LUMBER COMPANY, MILLER WHOLESALE 02/14/2003 HON. GARY E. DONAHOE View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-010072
02/14/2003
Docket Code 350
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
S. Yoder
Deputy
FILED: 02/21/2003
MILLER WHOLESALE LUMBER COMPANY,
et al.
MALCOLM T SLOAN
v.
JOHN B PERONA, et al.
GREG R DAVIS
COURT ADMIN-CIVIL-ARB DESK
REFERRAL TO ARBITRATION
1:30 p.m. IN CHAMBERS: This is the time set for a status and scheduling conference.
Appearing telephonically are Malcolm T. Sloan, counsel for Plaintiffs, and Greg R. Davis,
counsel for Defendant Charles Bonnertz.
A court reporter is not present.
The Court is advised that the remaining claims are of an amount subject to compulsory
arbitration. The attorneys believe that arbitration may help resolve the case. Accordingly,
IT IS HEREBY ORDERED requesting the arbitration desk to begin the process for
appointment of an arbitrator for this case.
IT IS FURTHER ORDERED continuing the case on the inactive calendar through
June 30, 2003, in order to allow time for the appointment of an arbitrator, the arbitration hearing
and the filing of the arbitration award.
Matter concludes.
03/10/2004 — CV2001010072 LUMBER COMPANY, MILLER WHOLESALE 03/10/2004 HON. THOMAS DUNEVANT, III View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-010072
03/10/2004
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
K. Ballard
Deputy
FILED: 03/12/2004
MILLER WHOLESALE LUMBER COMPANY,
et al.
MALCOLM T SLOAN
v.
JOHN B PERONA, et al.
CHARLES BONERTZ CONSTRUCTION
CHARLES & SYLVIA BONERTZ
418 E TARO LN
PHOENIX AZ 85024-2253
GREG R DAVIS
DWAIN D PICKENS
COURT ADMIN-CIVIL-CCC
CASE STATUS MINUTE ENTRY
The Court has reviewed the March 9, 2004 memo from Civil Court Administration
regarding the Arbitrator’s Notice of Decision and the December 3, 2003 minute entry dismissing
this case.
IT IS ORDERED:
1) Vacating the Court’s December 3, 2003 minute entry dismissing this case off of the
inactive calendar.
2) The Arbitrator’s Notice of Decision dated December 9, 2003 is deemed to be the
Arbitration Award in this matter.
3) As the time to appeal has run, the case is hereby deemed closed and terminated for
administrative purposes by virtue of the Arbitration Award.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-010072
03/10/2004
Docket Code 025
Form V000A
Page 2
FILED: March 9, 2004 Memo
08/22/2003 — CV2001010072 LUMBER COMPANY, MILLER WHOLESALE 08/22/2003 HON. THOMAS DUNEVANT, III View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-010072
08/22/2003
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
K. Ballard
Deputy
FILED: 08/27/2003
MILLER WHOLESALE LUMBER COMPANY,
et al.
MALCOLM T SLOAN
v.
JOHN B PERONA, et al.
GREG R DAVIS
DWAIN D PICKENS
INACTIVE CALENDAR
The Court has considered Plaintiffs' Motion to Continue on the Inactive Calendar, filed
June 13, 2003, which was recently just received by this Court via facsimile.
IT IS ORDERED continuing this matter on the Inactive Calendar for dismissal on
September 30, 2003 without further notice unless prior to said date Judgment is entered or filed,
or a Stipulation for Dismissal is presented, or a Motion to Set and Certificate of Readiness is
submitted.
10/09/2003 — CV2001010072 LUMBER COMPANY, MILLER WHOLESALE 10/09/2003 HON. THOMAS DUNEVANT, III View Minute Entry ↑ top
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- Minute Source
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-010072
10/09/2003
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
K. Ballard
Deputy
FILED: 10/10/2003
MILLER WHOLESALE LUMBER COMPANY,
et al.
MALCOLM T SLOAN
v.
JOHN B PERONA, et al.
GREG R DAVIS
DWAIN D PICKENS
INACTIVE CALENDAR
RULE 16 CONFERENCE SET
The Court has reviewed the Plaintiffs’ Motion to Continue on the Court’s Inactive
Calendar. Based thereon,
IT IS ORDERED:
1. Setting this matter for a telephonic Rule 16 scheduling conference on October 23,
2003 at 9:15 a.m. Plaintiffs' counsel is requested to arrange and initiate the
conference call to this Court at 602-506-2050.
2. Continuing this matter on the Inactive Calendar for dismissal until October 23, 2003
unless prior to that date a Judgment is entered or filed, a Stipulation for Dismissal is
presented, or a Motion to Set and Certificate of Readiness is filed.
3. Signing the formal written Order Extending Case on the Court’s Inactive Calendar
consistent with the foregoing on October 6, 2003, and entered (filed) by the clerk on
October 9, 2003.
The Court has set aside 15 minutes for this conference. If all counsel feel significantly
more or less time is required for the conference, the Court should be notified immediately.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-010072
10/09/2003
Docket Code 084
Form V000A
Page 2
All counsel are directed to meet personally before the scheduling conference to discuss
all of the matters set forth in Rules 16(a) and (b), A.R.C.P. Counsel shall prepare and file with
the Court three working days before the conference, a Joint Pretrial Memorandum addressing at
least the following items:
1. An agreed-upon schedule for completion of discovery. As far as can reasonably be
anticipated, each party shall set forth the depositions they anticipate taking and the
approximate time required for each; any and all medical examinations which may be
required of any of the parties; the person or persons to conduct such examinations; all
requests for production; and all tangible evidence to be disclosed or exchanged.
2. A date for the final disclosure of expert witnesses, and/or to supplement disclosures
made to date.
3. A date or dates for the final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.
4. The number of additional non-uniform interrogatories requested by each party and the
reasons for the requests. Further, counsel shall set forth any written discovery
outstanding and a date when it will be complete.
5. The position of each counsel on whether the Rule 38.1 A.R.C.P. time limits should be
waived.
6. A proposed date for a Mandatory Settlement Conference pursuant to Rule 16.1,
A.R.C.P.
7. An agreed-upon date for compliance with Rule 16(d), A.R.C.P. The parties shall
attach a copy of the Rule 16(g) form so the Court can issue the appropriate order for
Alternate Dispute Resolution.
8. Set forth any discovery disputes to date or Rule 26.1 compliance issues.
9. A proposed trial date agreed upon by all counsel.
If counsel are unable to agree on any of the items of the Pretrial Statement, the reasons
for their inability to agree shall be set forth in the Pretrial Statement.
Counsel are reminded that the Court will impose sanctions against counsel and/or their
clients for failure to participate in good faith in the preparation of the Pretrial Statement or the
conference.
10/23/2003 — CV2001010072 LUMBER COMPANY, MILLER WHOLESALE 10/23/2003 HON. THOMAS DUNEVANT, III View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-010072
10/23/2003
Docket Code 084
Form V078A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
K. Ballard
Deputy
FILED: 10/28/2003
MILLER WHOLESALE LUMBER COMPANY,
et al.
MALCOLM T SLOAN
v.
JOHN B PERONA, et al.
GREG R DAVIS
DWAIN D PICKENS
INACTIVE CALENDAR
On Court’s own motion,
IT IS ORDERED:
1) Vacating the Rule 16 scheduling conference set this date.
2) Continuing this matter on the Inactive Calendar for dismissal on December 1, 2003
without further notice unless prior to said date Judgment is entered or filed, a
Stipulation for Dismissal is presented, or a Motion to Set and Certificate of Readiness
is filed.
12/01/2003 — CV2001010072 LUMBER COMPANY, MILLER WHOLESALE 12/01/2003 HON. THOMAS DUNEVANT, III View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-010072
12/01/2003
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
K. Ballard
Deputy
FILED: 12/03/2003
MILLER WHOLESALE LUMBER COMPANY,
et al.
MALCOLM T SLOAN
v.
JOHN B PERONA, et al.
JEFFERY M HALL
REX A CHRISTENSEN
CHARLES BONERTZ CONSTRUCTION
418 E TARO LN
PHOENIX AZ 85024
GREG R DAVIS
DWAIN D PICKENS
PAUL E STEEN
CHARLES BONERTZ AND
SYLVIA BONERTZ
D/B/A CHARLES BONERTZ
CONSTRUCTION
418 E TARO LN
PHOENIX AZ 85024-2253
RULING
The Court has reviewed counsel for Charles Bonertz’ Motion to Withdraw as Attorney of
Record Without Clients’ Consent and Request for Expedited Ruling. As arbitration hearing is
currently set on December 9, 2003 at 9:00 a.m. before arbitrator Dwain D. Pickens, and the time
for response from the Bonertz not having run yet,
IT IS ORDERED denying the Motion to Withdraw as Attorney of Record.
12/03/2003 — CV2001010072 LUMBER COMPANY, MILLER WHOLESALE 12/03/2003 HON. THOMAS DUNEVANT, III View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-010072
12/03/2003
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
K. Ballard
Deputy
FILED: 12/05/2003
MILLER WHOLESALE LUMBER COMPANY,
et al.
MALCOLM T SLOAN
v.
JOHN B PERONA, et al.
GREG R DAVIS
DWAIN D PICKENS
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar for dismissal on December 1, 2003 unless
specified action was taken before a certain date. The date has passed, and the action has not been
taken.
IT IS ORDERED dismissing this case without prejudice for lack of prosecution.
/s/ Thomas Dunevant, III
________________________
Thomas Dunevant, III
Judge of the Superior Court