Maricopa County Superior Court Case CV2002-008702 - Arizona HOA Transparency ProjectArizona HOA Transparency Project

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Maricopa County Superior Court Case CV2002-008702: public docket details, parties, minute entries, documents, and official source links for Montana Del Sol Condominium Association.

Case Number: CV2002-008702
County: Maricopa
Caption: Not captured
Filed: 5/7/2002
Case Type: Civil
Judge: Kreamer, Joseph
Location: Downtown
Official Court Record: Official Court Record

Parties

Party	Relationship	Attorney
Ace Masonry Company	Third Party Defendant	BRADLEY JARDINE
Bob Charles Row	Third Party Defendant	BRADLEY JARDINE
Catalina Roofing And Supply Inc	Third Party Defendant	Steven Bartell
Cohaco Building Specialties Inc	Third Party Defendant	Joseph Kula
Creekstone Builders Inc	Defendant	David McDowell
D L H Onsite Inc	Third Party Defendant	Gary Sundberg
Daniel Hempelman	Third Party Defendant	Gary Sundberg
Hart Plumbing Of Arizona Inc	Defendant	Andrew Peshek
Insulation Specialists Inc	Third Party Defendant	Pro Per
Jwe Spring Oaks Llc	Defendant	Jill Herman
K R B Construction Inc	Third Party Defendant	Pro Per
Lorraine Row	Defendant	BRADLEY JARDINE
Michie Concrete L L C	Third Party Defendant	Jack Barone
Montana Del Sol Condominium Association	Plaintiff	Joyce Kapsal
Noel Corp Plastering Stucco Inc Of A Z	Third Party Defendant	William Douglas
Rick Engineering Company	Third Party Defendant	Dennis Stryker
Rock Island Corporation	Third Party Defendant	DOUGLAS FITCH
Tiffany D Hempelman	Defendant	Gary Sundberg
Triple D Counter Tops Inc	Defendant	Pro Per
United Subcontractors Inc	Defendant	Steven Bartell

Minute Entries

01/09/2004 — CV2002008702 OAKS LLC, JWE SPRING 01/09/2004 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/09/2004

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 01/14/2004

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
JONATHAN C BURWOOD

JACK G BARONE
STEVEN R BARTELL
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
FREDERICK G GAMBLE
JOHN T GILBERT
BRIAN L HENRY
MICHAEL W HERZOG
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
GREGORY A ROSENTHAL
JONATHAN D SCHNEIDER
GARY M SUNDBERG
MICHAEL WARZYNSKI
DAVID R GREEN
KATHERINE CORCORAN
JASON M KELLY
DREW M GULLY
ADAM B CAMPBELL
JOHN H CLINE
JULIE G OGAWA
M DUNCAN SCOTT
RINA K RAI
DOUGLAS A LUSSON

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/09/2004

Docket Code 029
Form V000A
Page 2

STATUS CONFERENCE
ORAL ARGUMENT/TRIAL/ STATUS & PRETRIAL CONFERENCE SET

10:09 a.m. This is the time set for a Status Conference in a Civil Complex Case.

Appearances:

• Plaintiff Montana Del Sol Condominium Association is represented by counsel
Joyce Kapsal and Douglas A. Lusson.

• Defendant JWE Spring Oaks, LLC. is represented by counsel Julia Ogawa and
John Cline.

• Third-Party Defendant Hiltys International, Inc is represented by co-counsel
Adam B. Campbell.

• Third-Party Defendant Rock Island Corporation d/b/a Jordan Window & Door.
and Ace Masonry Company, Row and Bunch are represented by counsel Douglas
H. Fitch.

• Third-Party Defendant Construction 70, Inc .is represented by counsel Andrew
Peshek, co-counsel Third-Party Defendant Hart Plumbing of Arizona.

• Defendant Red Rock Curb, Inc., Third-Party Defendant Michie Concrete and
Central Valley Specialities, Inc. are represented by counsel Rina Rai.

• Third Party Defendant Cohaco Building Specialists, Inc. is represented by counsel
Joseph Kula, co-counsel for Third-Party Defendant Hart Plumbing of Texas.

• Third-Party Defendants Noel Corporation Plastering Stucco and Delta Plastering
are represented by counsel William H. Douglas.

• Third Party Defendants Daniel Hempelman and Tiffany Hempelman and DHL
Onsite, Inc. are represented by counsel Gary Sundberg.

• Defendant Creekstone Builders, Inc. is represented by counsel Katherine
Corcoran, appearing for counsel David E. McDowell.

• Third-Party Defendant Rondo Pools, Inc. and Parra Drywall, Inc. is represented
by counsel Jason Kelly.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/09/2004

Docket Code 029
Form V000A
Page 3

• Defendant United Floor Covering & Interiors is represented by counsel Drew M.
Gully and David R. Green.

• Third-Party Defendant Hart Plumbing of Texas and Third-Party Defendant
Cohaco Building Specialists, Inc. are represented by counsel Joseph A. Kula.

• Third-Party Catalina Roofing & Supply, Inc. is represented by counsel M.
Duncan Scott, co-counsel for Third-Party Defendant Hilty’s International, Inc.
and for Third-Party Defendant United Subcontractors, Inc., d/b/a Mesa Insulation
Specialists.

• Third-Party Defendant Ultra Installations, Inc. is represented by counsel
Frederick G. Gamble.

The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.

The case status is discussed.

Plaintiffs’ counsel advises the Court that they have a settlement agreements with Third-
Party Defendants Ace Masonry, Mercer & Mercer Heating & Cooling, Inc. and Ultra Insulation,
Inc. The agreement also includes Third -Party Defendants Row and Bunch, which are part of
Ace Masonry.

IT IS ORDERED waiving the complex-litigation fees for Third-Party Defendants Ace
Masonry, Mercer & Mercer Heating & Cooling, Inc. and Ultra Insulation, Inc.

The Court will schedule the Motions to Dismiss for oral argument.

IT IS ORDERED that counsel Rena Rai has 7 days within which to file a joinder to a
Motion to Dismiss.

Discussion ensues re: electronic filing and electronic discovery

Discussion ensues re: depositions. Plaintiffs’ counsel advises the Court that there will be
at least 30 expert depositions.

Discussion ensues re: exhibits. The clerk will assign counsel blocks of numbers for their
exhibits. Counsel are provided with information re: electronic exhibits.

IT IS ORDERED adopting Rule 43(b) as it pertains to depositions as well as to trial.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/09/2004

Docket Code 029
Form V000A
Page 4

IT IS FURTHER ORDERED that expert witnesses be paid within 30 days from the
date of receipt of the bill. All expert fees are to be paid by the party responsible. Counsel are to
ensure that the bill goes to the correct party responsible for payment.

IT IS FURTHER ORDERED that no Motions for Summary Judgment shall be filed
absent an order of the Court. This matter will be added to the agenda scheduled for March 26,
2004.

Discussion ensues re: changing the deadlines in the order issued by Judge Holt.

IT IS ORDERED extending the deadline for all site inspections from March 19, 2004
to April 16, 2004, absent an order from the Court. Counsel are directed to confer and set up site
inspections.

IT IS FURTHER ORDERED extending the deadline for identification of all non-expert
witnesses from December 31, 2003 to November 19, 2004.

The deadline for Defendants to deposit expert reports and cost of repair remains April
30, 2004.

The deadline for Third-Party Defendants to deposit expert reports and cost of repairs
remains June 14, 2004.

IT IS FURTHER ORDERED setting a Pretrial Management/Status Conference and
Oral Argument on the Motions to Dismiss and Defendant Parra Drywall, Inc.’s Motion for
Summary Judgment for March 26, 2004 at 1:30 p.m. (ALLOTTED TIME: 1:30 p.m. to 5:00
p.m.)
Counsel are directed to provide a 10-day notice to Court and counsel of any items
counsel would like the Court to add to the agenda of the conference.

Discussion ensues re: contact or liaison person for third-party defendants. The parties
will designate a primary responsible/knowledgeable person for each party by the status
conference on March 26, 2004. Counsel Rena Rai and Duncan Scott volunteer to be the liaisons
for Third-Party Defendants’counsel. Both defendants’ counsel will participate.

Counsel are directed to provide proposed form of interrogatory at the status conference
on March 26, 2004.

Counsel are to be prepared to discuss the status of site inspections at the status conference
on March 26, 2004.

IT IS ORDERED that all initial Rule 26.1 disclosure be completed by January 30, 2004
unless counsel receive leave of the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/09/2004

Docket Code 029
Form V000A
Page 5

Those parties who haven’t settled are to be prepared to discuss deposition schedules at
the status conference.

Alternative Dispute Resolution is scheduled for February 2004. The carriers must have
knowledgeable person with authority to settle the case present in person or, with prior
permission, available telephonically on the same time schedule as the mediation.

IT IS ORDERED setting a firm jury trial for February 23, 2005, at 9:00 a.m.
(ALLOTTED TIME: 5 weeks) Trial schedule: Jury Selection on Wednesday; Trial schedule:
Tuesdays through Fridays.

Before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

11:05 a.m. Status Conference concludes.

ELECTRONIC ("E") COURTROOM

A record of the proceedings may be made by videotape in lieu of a court reporter. Should an
official transcript be required, you may request that the Court prepare it. The party ordering the
transcript must pay for it. With this new technology, a court reporter is likely not required and
the parties are encouraged to experience the Court's video-recording system before requesting a
court reporter.

If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.
NOTICE

New Fee for Copies of Electronically Recorded Proceedings

Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of superior
court proceedings digitally recorded and provided on compact Disc (CD) and for each copy of a
superior court proceeding provided on videotape. The fee is due when the CD or videotape is
picked up. Cash and in-state checks will be accepted for payment. Please make checks payable
to: Clerk of the Superior Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/09/2004

Docket Code 029
Form V000A
Page 6

Blank, unused CDs and videotapes will not be accepted in lieu of payment.

Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.

Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]

Request for Daily Copy of Electronically Recorded Proceedings

Obtain a form from the courtroom clerk or 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 fee and present both the receipt and the form to
the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
please call Electronic Records Services at 602-506-7100.

01/13/2004 — CV2002008702 OAKS LLC, JWE SPRING 01/13/2004 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 01/15/2004

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
JONATHAN C BURWOOD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 2

CASE MANAGEMENT ORDER #1
The Court, previously having designated this action a complex civil case and thereby
finding that it requires specialized management to avoid placing unnecessary burdens on the
Court and the litigants, issues this Case Management Order #1 to govern the action as to the
procedures and issues set forth herein until and unless further modified by the Court. THIS
CASE BY ITS DESIGNATION AS A COMPLEX CASE REQUIRES ELECTRONIC
FILING UNDER LOCAL RULE/ADMINISTRATIVE ORDER. NO PAPER FILING
WILL BE ACCEPTED ABSENT PRIOR APPROVAL OF THE COURT.
1.
SERVICE OF THIS ORDER.
A copy of this Order, and any subsequent Case Management Order issued, shall be
served with the operative Complaint and any operative Cross-Complaint or Third-Party
Complaint bringing in a new party, whereupon each Order shall bind such newly appearing party
unless the Court grants the party relief therefrom upon motion for good cause shown. Failure to
comply with this paragraph by the serving party will not bind the party served to this or to
additional orders until such party is served by any party to the action with such orders.

2.
ADDITIONAL DEFENDANTS AND CROSS-DEFENDANTS.

Given the age of this case and advanced preparation by all parties no new defendants
and/or cross-defendants will allowed in the case absent prior order of the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 3

3. MEDIATOR
The parties hereby agree to use Alternative Dispute Resolution processes and agree to
utilize the services of the Honorable Lawrence H. Fleishman, Superior Court Judge Ret., as a
mediator in this matter. All parties are to have a person with settlement authority present at all
mediation sessions unless the Mediator gives prior approval to the absence or telephonic
appearance of such person.

4.
DISCOVERY/DISCLOSURE.
4.1
Document Depository. A Document Depository shall be established at Paulson
Reporting Service Inc, 3350 N. Central Ave, Phoenix, AZ 85012.
4.2
Deposit of Pleadings and Documents . A copy of all pleadings served by a party
after Dec 15, 2003 shall be filed electronically and all documents for disclosure and discovery
shall be deposited in the Document Depository so all parties may obtain them from the
Depository rather than the other parties.
A.
For purposes of this section, the term “document” shall mean any
written, printed, typed, photocopied, photographic, recorded or encoded matter or
communication of any kind; however, produced, stored or reproduced, including, but not limited
to, data processing cards and tapes, audio tapes, videotapes, computer printouts, computer disks,
correspondence, letters, analyses, reports, notes, diaries, calendars, account statements,
confirmations, bank advice, telegrams, cables, telexes, notes, memoranda, reports, diaries,
calendars, photographs, charts, minutes of meetings, contracts, agreements and amendments and
addenda thereto, financial journals and ledgers, bookkeeping records, promotional literature,
sales literature, prospectuses, offering circulars, interoffice communications, accountings,
projections, statistical records, appointment books, time sheets and logs, chronological files,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 4

reading files, and all other materials, including drafts and other copies of any of the foregoing
which are or have been in your possession, custody or control, or of which you have knowledge
or to which you may gain access or possession. The term “document” also means a copy where
the original is not in a party’s possession, custody or control or reasonably accessible. This
definition includes each copy of each document that is not an exact duplicate of the original and
includes every duplicate having any writing, figure, notation or the like on it, drafts of each
document, and any attachment to or enclosure accompanying or referred to in such document.
B.
Any problems or questions which arise concerning these procedures shall
be addressed to the Court.
4.3
Copying and Indexing. Documents are to be deposited with a consecutive bate
number and a unique prefix to designate the depositing party. The depositing party shall serve a
Notice of Compliance electronically with an index of descriptions and bate numbers for each
deposit on all parties and the depository.
4.4
Costs of Compliance. The depositing party shall bear its own costs for utilizing
the depository. The fees for utilizing the Depository shall be set by the custodian of same.
4.5
Statement of Work/Insurance. Attached as Exhibit “2” and Exhibit “3” are,
respectively, Verified Statement of Work and an Insurance Questionnaire, both of which shall be
answered under oath by all defendants and/or cross-defendants. Responses, verified under oath,
shall be served on all parties and placed in the Document Depository not later than sixty (60)
days of the date of this Order or within sixty (60) days of first appearance, whichever is later.
4.6
Within sixty (60) days of the party’s first appearance or sixty (60) days of the date
of this Order, each defendant and/or cross-defendant shall complete, and serve on all parties, a
written statement identifying each primary and first layer excess or umbrella insurance carrier
and each policy from each carrier which, from the date construction first began at the project

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 5

through the present, are providing or may provide coverage to them for the claims asserted by
Plaintiff and/or any other party to this action, including any policies that party is named as an
additional insured. The parties shall deposit said policies that are in the custody or control of that
party.
4.7
No Admission of Admissibility. Submission of this insurance information shall
not be deemed an admission by any party that such information can be introduced into evidence
at trial.
4.8
Preservation of Records. Each party shall preserve all documents and other
records containing information potentially relevant to the subject matter of this litigation. Each
party shall also preserve any physical evidence or potential evidence and shall not conduct any
testing that alters the physical evidence without notifying opposing counsel and, unless counsel
stipulate to the test, without obtaining the court’s permission to conduct the test. Subject to
further order of the court, parties may continue routine erasures of computerized data pursuant to
existing programs, but they shall immediately notify opposing counsel about such programs and
preserve any printouts of such data. Requests for relief from this directive will receive prompt
attention from the court.
4.9
The deadline for all site inspections is April 16, 2004.
4.10
All non-expert witnesses for all parties shall be disclosed no later than Nov 19,
2004.
4.11
All discovery will be complete by Dec 17, 2004.
4.12
Rule 43, Az Rules of Civil Procedure, shall apply to oral depositions.
4.13
All initial Rule 26.1 disclosure shall be complete by Jan 30, 2004.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 6

5.
DEFECT LISTS, EXPERT REPORTS & COST OF REPAIR.
5.1
Preliminary Defect List. Plaintiff has already served a defect list.
5.2
Amendments to Defect List. Plaintiff may amend, supplement or change the
Defect List in good faith subject to Court order.
5.3
Cost of Repair and Expert reports. Plaintiff deposited as of Nov 14, 2003 in the
depository a Cost of Repair and Expert Reports. Defendants shall deposit Cost of Repair and
Expert Reports by April 30, 2004. Third Party Defendants shall deposit Cost of Repair and
Expert reports by June 14, 2004.
5.4
All expert fees are to paid by the party responsible within 30 days of the date of
receipt of the billing.
6.
INTRUSIVE TESTING.
Plaintiff, in conjunction with the other parties, shall notice the dates of the destructive
testing in a reasonable time, and shall provide at least two weeks prior notice.
7.
PLAINTIFF’S REPAIRS.
Except for repairs to a plumbing leak, roof leak or a life/safety issue, as to which Plaintiff
shall give as much advance notice as possible under the circumstances, if possible, Plaintiff shall
give at least forty-eight (48) hours advance notice of emergency repair work performed by it
which relates to an alleged defect put at issue in this lawsuit in order to allow Defendant/Cross-
Defendants and their experts to observe and photograph the condition and the repair. At least
seven (7) days written notice is to be given to all parties prior to any non-emergency repairs.
Any Defendant/Cross-Defendant who intends to observe, photograph or otherwise record any
repairs must give the Plaintiff at least twenty-four (24) hours notice if the Plaintiff has provided
at least seven (7) days notice of such repairs. If Plaintiff has given less than seven (7) days
notice of repairs, then any Defendant/Cross-Defendant who intends to observe, photograph or

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 7

otherwise record any repairs must give the Plaintiff as much notice as possible under the
circumstances. If no notice is possible, Plaintiff shall photograph or videotape the repairs.
8.
MEET AND CONFER SESSIONS.
The Court deems it necessary and appropriate to encourage all counsel to meet and confer
to discuss, inter alia, the issues, damages, liability and claims to determine what discovery is
necessary, what discovery may be mutually agreed upon, and to help evaluate the case. In
addition, the Court may order the parties to attend a Meet and Confer session, as deemed
necessary and appropriate by the Court.
9.
Management Conferences.
The Court will conduct management conferences approximately every ninety (90) days in
order to ensure the orderly processing of this case. The next management conference will be at
9:00 am on Mar 26, 2004 at 1:30 P.M. in this courtroom. Counsel may submit agenda items ten
(10) days in advance of the conference. A final management conference will occur 60 days
before the trial.
10. Liaison Counsel.

Because of the large number of third party defendants, the third party defendants shall
designate liaison counsel to work with defendants and plaintiffs. At this time the Court
understands liaison counsel to be Rena Rai and Duncan Scott.

11. Motions.
11.1
No additional motions for summary judgment shall be filed until prior order of the
Court. Para Drywall’s Motion for Summary Judgment is set for oral argument on
Mar 26, 2004 at 1:30 P.M.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 8

11.2
All Motions to Dismiss have been filed and are set for Oral argument on Mar 26,
2004 at 1:30 P.M..
12.
Trial.
The trial of this matter will begin on February 23, 2005 at 9:00 A.M. and is scheduled for
20 trial days before a jury.

EXHIBIT “1” - CASE MANAGEMENT TIME LINE

Plaintiff’s Defect List
Completed
Filing of Third-party Complaint
N/A
Site Inspection Deadline
April 16, 2004
Defect Report / Cost of Repair
Defendants’ due 4-30-04
3rd Party Defendants’ due 6-
14-04
Notice of Invasive Testing by Defendants
and Third-Party Defendants
N/A
Invasive Testing by Defendants
N/A
Expert Reports Deadline
Defendants’ due 4-30-04
3rd Party Defendants’ due 6-
14-04
Deadline for Completion of Discovery
Dec 17, 2004
Mediation
Feb 19 & 20, 2004
Initial 26.1 Disclosure Complete
Jan 30, 2004
20 day Jury Trial
Feb 23, 2005

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 9

EXHIBIT “2” - VERIFIED STATEMENT OF WORK

1.
Name of Party:
________________________________________________________________
2. Name of Trial Attorney
__________________________________________________________
3.
Detailed description of work and/or service performed:

4.
Location of work and/or services performed (by phase number, unit number or building
number):

5. Inclusive dates between which work was performed

6. Identity of person or entity with whom you contracted to perform the above-described
work:

7.
Did you supply materials? ___________________. if you supplied materials, describe all
materials you provided:

8.
If you supplied materials, identify the person or entity, including the names, address and
telephone number, from whom you purchased the materials:

9. Did you subcontract any of the work that was to be performed by you to another person
or entity?

10. If you did subcontract any of the work to another person or entity, identify the
subcontracted work and the person or entity, including the name, address and telephone number
to whom you subcontracted the work.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 10

11.
If you did subcontract any of the work to another, was that subcontract in writing?

12. Detailed description of all locations within the project (by tract number, lot letter, phase
number and lot number) upon which you performed work.

13. Detailed description of all locations within the project (by tract number, lot letter, phase
number and unit number) for which you acted as the builder.

14.
Detailed description of all locations within the project (by tract number, lot letter, phase
number and unit number) for which you acted as the developer or co-developer.

15.
Detailed description of all repairs made by you or on your behalf at the project, including
location thereof by tract number, lot letter, lot number and phase number.

EXHIBIT “3” - INSURANCE QUESTIONNAIRE

1.
Name of Party: _________________________________________________________
____________________________________________________________________________
2.
Name of insurance carriers who may have coverage obligations, including, but not
limited
to, all carriers to whom the claim has been tendered:

Name: ________________________________________________________________
Address:

Telephone no.:

Supervising claims adjuster:

3.
Type of policy:

4.
Effective dates of policy:

5. Identity of all named insureds: ________
6. Identity of all additional insureds who are parties to the action:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

01/13/2004

Docket Code 022
Form V000A
Page 11

______________________________________________________________________________
7.
Is the carrier: ____________________excess

primary
8.
Policy no.:

9. Policy limits:

10. Name, address and phone number of coverage counsel (if any):

11. Has coverage been denied? ___________yes ___________no.
12. Has coverage been revoked? __________yes ___________ no.

The foregoing is all in accordance with the formal written Case Management Order #1
signed by the Court on January 13, 2004 and filed (entered) by the clerk on January 13, 2004.

02/04/2005 — CV2002008702 OAKS LLC, JWE SPRING 02/04/2005 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

02/04/2005

Docket Code 079
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 02/08/2005

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
JILL ANN HERMAN

JACK G BARONE
STEVEN R BARTELL
TRIPLE D COUNTER TOPS INC
ATTN: MR. CURTIS DAWE
6611 W PEORIA, #5-142
GLENDALE AZ 85302
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
MICHAEL W HERZOG
BRADLEY R JARDINE
JASON M KELLY
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
GARY M SUNDBERG
DENNIS I WILENCHIK
ROBERT H WILLIS
DANIEL E FREDENBERG
M DUNCAN SCOTT
LAWRENCE J FELDER

ORAL ARGUMENT/RESET

PARTIAL DISMISSALS

PRETRIAL CONFERENCE SET

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

02/04/2005

Docket Code 079
Form V000A
Page 2

9:10 a.m. This is the time set for Oral argument on the following:

o Defendant/Third-Party Plaintiff Creekstone Builders, Inc.’s Motion to Strike;
o Defendant/Third-Party Plaintiff Creekstone Builders, Inc.’s Motion for
Summary Judgment;
o All other pending Motions for Summary Judgment and any other pending
motions.

Appearances:

• Plaintiff Montana Del Sol Condominium Association is represented by counsel
Joyce Kapsal.

• Defendant JWE Spring Oaks, LLC. is represented by counsel Jill Ann Herman.

• Third-Party Defendant Rock Island Corporation d/b/a Jordan Window & Door.
and Ace Masonry Company, Row and Bunch are represented by counsel Douglas
H. Fitch, appearing telephonically.

• Third-Party Defendant Hart Plumbing of Arizona and Third-Party Defendant
Cohaco Building Specialists, Inc. are represented by counsel Joseph A. Kula.

• Defendant Red Rock Curb, Inc., Third-Party Defendant Michie Concrete and
Central Valley Specialities, Inc. are represented by counsel Jack Barone.

• Third-Party Defendant Parra Drywall, Inc. is represented by co-counsel Jason
Kelly and Jack Barone.

• Third-Party Defendant Rondo Pools, Inc. is represented by counsel Jason Kelly.

• Third-Party Defendants Noel Corporation Plastering Stucco and Delta Plastering
are represented by counsel Daniel E. Fredenberg.

• Defendant Creekstone Builders, Inc. is represented by counsel David E.
McDowell.

• Third-Party Catalina Roofing & Supply, Inc. is represented by counsel M.
Duncan Scott.

• Third-Party Defendant Hilty’s International, Inc. is represented by counsel M.
Duncan Scott.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

02/04/2005

Docket Code 079
Form V000A
Page 3

• Third-Party Defendant United Subcontractors, Inc., d/b/a Mesa Insulation
Specialists is represented by counsel M. Duncan Scott.

• Third-Party Defendant Kenro Turner Construction, Inc. is represented by counsel
Lawrence Felder.

The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.

The case status is discussed. Counsel are involved in settlement negotiations.

Pursuant to Third-Party Plaintiffs’ Motion to Dismiss, there being no opposition,

IT IS ORDERED dismissing the following Third-Party Defendants:

o Ace Masonry Company
o Construction 70, Inc.
o Mercer & Mercer Heating and Colling, Inc., dba M&M Heating and Air
Conditioning
o Michie Concrete, L.L.C.
o Rick Engineering Company, Inc.
o Rondo Pools, Inc.
o Red Rock Curb, Inc.
o DLH Onsite, Inc., fka D.L.H. On-Site
o Ultra Insulation

IT IS FURTHER ORDERED setting March 4, 2005 at 11:00 a.m. to hear the
following matters:

• Oral argument on:

o Defendant/Third-Party Plaintiff Creekstone Builders, Inc.’s Motion to
Strike
o Defendant/Third-Party Plaintiff Creekstone Builders, Inc.’s Motion for
Summary Judgment
o Third-Party Defendant Rondo Pools Motion for Summary Judgment
o Motion for Protective Order
o All other pending Motions for Summary Judgment and any other pending
motions.

• Pretrial Management Conference (at which time a trial date and final pretrial
management conference will be scheduled)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

02/04/2005

Docket Code 079
Form V000A
Page 4

Before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

ALLOTTED TIME: 1 Hour

9:20 a.m. Matter concludes.

ELECTRONIC ("E") COURTROOM

If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.

NOTICE

New Fee for Copies of Electronically Recorded Proceedings

Blank, unused CDs and videotapes will not be accepted in lieu of payment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

02/04/2005

Docket Code 079
Form V000A
Page 5

Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]

Request for Daily Copy of Electronically Recorded Proceedings

03/04/2005 — CV2002008702 OAKS LLC, JWE SPRING 03/04/2005 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

03/04/2005

Docket Code 027
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 03/08/2005

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
JILL ANN HERMAN

JACK G BARONE
STEVEN R BARTELL
TRIPLE D COUNTER TOPS INC
ATTN: MR. CURTIS DAWE
6611 W PEORIA, #5-142
GLENDALE AZ 85302
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
MICHAEL WARZYNSKI
MICHAEL W HERZOG
BRADLEY R JARDINE
JASON M KELLY
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
GARY M SUNDBERG
DENNIS I WILENCHIK
M DUNCAN SCOTT
LAWRENCE J FELDER
LAWRENCE H FLEISCHMAN
JOYCE J KAPSAL
EPSTEN GRINNELL & HOWELL
9980 CARROLL CANYON RD STE 200
SAN DIEGO CA 92131

PRETRIAL CONFERENCE

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

03/04/2005

Docket Code 027
Form V000A
Page 2

ORAL ARGUMENT RESET

ORDER ENTERED

11:09 a.m. This is the time set for a Pretrial Management Conference and for oral
argument on Defendant Third-Party Plaintiff’s Motion to Strike and Motion for Summary
Judgment; Third-Party Defendant’s Motion for Summary Judgment for Protective Order; and all
pending Motions for Summary Judgment.

Appearances:

• Plaintiff Montana Del Sol Condominium Association is represented by counsel
Joyce Kapsal.

• Defendant JWE Spring Oaks, LLC. is represented by counsel Jill Ann Herman.

• Third-Party Defendant Rock Island Corporation d/b/a Jordan Window & Door.
and Ace Masonry Company, Row and Bunch are represented by counsel Michael
Warzynski.

• Defendant Red Rock Curb, Inc., Third-Party Defendant Michie Concrete and
Central Valley Specialities, Inc. are represented by counsel Jack Barone.

• Third-Party Defendant Parra Drywall, Inc. is represented by co-counsel Jason
Kelly and Jack Barone.

• Defendant Creekstone Builders, Inc. is represented by counsel David E.
McDowell.

• Third-Party Catalina Roofing & Supply, Inc. is represented by counsel M.
Duncan Scott.

• Third-Party Defendant Hilty’s International, Inc. is represented by counsel M.
Duncan Scott.

• Third-Party Defendant United Subcontractors, Inc., d/b/a Mesa Insulation
Specialists is represented by counsel M. Duncan Scott

• Third-Party Defendant Kenro Turner Construction, Inc. is represented by counsel
Lawrence Felder.

Discussion ensues re: the Court’s prior orders re: mediation.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

03/04/2005

Docket Code 027
Form V000A
Page 3

IT IS ORDERED that Catalina Roofing and all of its carriers with full authority to settle
the case be present at the mediation scheduled before Judge Lawrence Fleischman on March 16,
2005 at 7:00 a.m. at Paulson Reporting Services, unless Judge Fleischman excuses them in
advance of the hearing.

Discussion ensues re: Plaintiffs’ request that they not be charged any mediation fees for
the mediation scheduled for March 16, 2005 with Judge Fleischman. Counsel for Third-Party
Defendant Parra Drywall, Inc. also requests that his client not be charged for the scheduled
mediation.

Discussion ensues re: Plaintiffs’ Request for Orders to Show Cause. The Court will wait
until they are fully briefed.

Pursuant to Plaintiffs’ Request,

IT IS ORDERED that counsel Duncan Scott’s two clients deliver the checks discussed
to Plaintiffs’ counsel Joyce Kapsal within 14 days from today or the Court will impose
sanctions/interest from the date of the settlement agreement.

IT IS FURTHER ORDERED resetting Oral Argument from this date to April 4, 2005
at 4:00 p.m. on the following motions:

• Motions for Summary Judgment
• Motions to Strike
• All other pending motions

Before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

11:22 a.m. Hearing concludes.

ELECTRONIC ("E") COURTROOM

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

03/04/2005

Docket Code 027
Form V000A
Page 4

the parties are encouraged to experience the Court's video-recording system before requesting a
court reporter.

If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.

NOTICE

New Fee for Copies of Electronically Recorded Proceedings

Blank, unused CDs and videotapes will not be accepted in lieu of payment.

Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]

Request for Daily Copy of Electronically Recorded Proceedings

03/05/2003 — CV2002008702 OAKS LLC, JWE SPRING 03/05/2003 HONORABLE CATHY M. HOLT View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
03/05/2003
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
FILED: 03/07/2003
MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL
JONATHAN BURWOOD
v.
JWE SPRING OAKS LLC, et al.
ANDREW B TURK
DAVID E MCDOWELL
M DUNCAN SCOTT
MINUTE ENTRY
This is the time set for a Rule 16 Pretrial Conference. Joyce J. Kapsal appears
telephonically on behalf of the Plaintiff. Jonathan Burwood appears telephonically on behalf of
Defendant JWE Spring Oaks. David E. McDowell appears telephonically on behalf of
Defendant Creekstone Builders. Also present is M. Duncan Scott, counsel for subcontractor
Catalina Roofing.
Court Reporter: Denise Couvaras
Discussion is held. The Defendants will be filing third-party complaints adding 10-12
parties.
On the Court’s motion,
IT IS ORDERED continuing this Pretrial Conference to Friday, June 13, 2003 at
8:30 a.m. before this division.
NOTE: JUDGE HOLT’S DIVISION IS LOCATED IN THE OLD
COURTHOUSE, 125 W. WASHINGTON, 3RD FLOOR, SUITE 309, PHOENIX,
ARIZONA 85003 (TEL: (602) 506-3105).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
03/05/2003
Docket Code 083
Form V000A
Page 2
Counsel for the plaintiff(s) and defendant(s) are to meet personally before the Pretrial
Conference to discuss those subjects listed under ARCP, Rule 16(b). Counsel for plaintiff(s) and
defendant(s) shall prepare and file a Joint Pretrial Conference Memorandum no later than
5:00 p.m., June 6, 2003, addressing all applicable subjects listed under ARCP, Rule 16(b) and,
IN ADDITION, A BRIEF DESCRIPTION OF THE NATURE OF THE CASE, THE
ISSUES, AND EACH PARTY’S POSITION WITH RESPECT TO THE ISSUES, AND
THE ESTIMATED LENGTH OF THE TRIAL.
If counsel are unable to agree on any of the items in the Joint Pretrial Conference
Memorandum, the reasons for their inability to agree shall be set forth in the memorandum.
Counsel are reminded that the Court may impose sanctions against counsel and/or their
client for failure to participate in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

03/30/2004 — CV2002008702 OAKS LLC, JWE SPRING 03/30/2004 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

03/30/2004

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 03/31/2004

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

v.

JWE SPRING OAKS LLC, et al.
MICHAEL A ANDERSON

JACK G BARONE
STEVEN R BARTELL
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
FREDERICK G GAMBLE
JOHN T GILBERT
BRIAN L HENRY
MICHAEL W HERZOG
BRADLEY R JARDINE
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
JONATHAN D SCHNEIDER
GARY M SUNDBERG
FINANCIAL SERVICES-CCC
JUDGE DOWNIE

Case Designated for Participation in the Court's E-Filing Pilot

This case has been designated as complex. Pursuant to Administrative Order 2002-127, this
case is now subject to mandatory e-filing.

Mandatory e-filing and electronic service will commence as of March 30, 2004. Filing by
conventional means will continue until this date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

03/30/2004

Docket Code 023
Form V000A
Page 2

All attorneys of record in this case will be contacted by the Court's e-Filing vendor, LexisNexis
File & Serve, to arrange for training and registration on the vendor's e-Filing system prior to the go-live
date of March 30, 2004.

04/02/2004 — CV2002008702 OAKS LLC, JWE SPRING 04/02/2004 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

04/02/2004

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 04/07/2004

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
MICHAEL A ANDERSON

STATUS CONFERENCE SET

IT IS ORDERED a Status Conference on April 14, 2004 at 4:00 p.m. in this division
before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

04/02/2004

Docket Code 028
Form V000A
Page 2

ELECTRONIC ("E") COURTROOM

If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.

NOTICE

New Fee for Copies of Electronically Recorded Proceedings

Blank, unused CDs and videotapes will not be accepted in lieu of payment.

Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]

Request for Daily Copy of Electronically Recorded Proceedings

04/04/2005 — CV2002008702 OAKS LLC, JWE SPRING 04/04/2005 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
COPY
CV 2002-008702

04/04/2005

Docket Code 080
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 04/07/2005

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
JILL ANN HERMAN

JACK G BARONE
STEVEN R BARTELL
TRIPLE D COUNTER TOPS INC
ATTN: MR. CURTIS DAWE
6611 W PEORIA, #5-142
GLENDALE AZ 85302
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
MICHAEL W HERZOG
BRADLEY R JARDINE
JASON M KELLY
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
GARY M SUNDBERG
DENNIS I WILENCHIK
CHRISTY M THOMPSON
M DUNCAN SCOTT
LAWRENCE J FELDER

SETTLEMENT

4:08 p.m. This is the time set for Oral Argument on pending motions for summary
judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
COPY
CV 2002-008702

04/04/2005

Docket Code 080
Form V000A
Page 2

Appearances:

• Plaintiff Montana Del Sol Condominium Association is represented by counsel
Joyce Kapsal.

• Defendant JWE Spring Oaks, LLC. is represented by counsel Jill Ann Herman.

• Third-Party Defendant Construction 70, Inc .is represented by counsel Christy
Thompson.

• Third-Party Defendant Hart Plumbing of Texas and Third-Party Defendant
Cohaco Building Specialists, Inc. are represented by counsel Christy Thompson.

• Third-Party Defendant Hart Plumbing of Arizona is represented by counsel
Joseph Kula.

• Third Party Defendant Cohaco Building Specialists, Inc. is represented by counsel
Joseph Kula.

• Third-Party Defendant Parra Drywall, Inc. is represented by co-counsel Jason
Kelly.

• Defendant Creekstone Builders, Inc. is represented by counsel David E.
McDowell.

• Third-Party Catalina Roofing & Supply, Inc. is represented by counsel M.
Duncan Scott.

• Third-Party Defendant Hilty’s International, Inc. is represented by counsel M.
Duncan Scott.

• Third-Party Defendant United Subcontractors, Inc., d/b/a Mesa Insulation
Specialists is represented by counsel M. Duncan Scott.

• Third-Party Defendant Kenro Turner Construction, Inc. is represented by counsel
Lawrence Felder.

The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.

Counsel advise the Court that the parties have reached a settlement agreement.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
COPY
CV 2002-008702

04/04/2005

Docket Code 080
Form V000A
Page 3

The settlement agreement is recited on the record by the Court, with additions and
corrections by counsel.

Each counsel and each party who is present is asked by the Court if the Settlement
Agreement recited on the record is accurate, if they understand that the agreement is binding and if
it is acceptable. Each counsel answers individually that they do.

Counsel will submit a formal written Stipulation by close of business on June 3, 2005
consistent with the Settlement Agreement recited on the record.

IT IS ORDERED vacating any pending hearings.

4:25 p.m. Matter concludes.

Pursuant to Rule 80(d), the signing of this minute entry constitutes an enforceable order of
the Court.

/s/ HONORABLE KENNETH L. FIELDS

SUPERIOR COURT JUDGE

04/14/2004 — CV2002008702 OAKS LLC, JWE SPRING 04/14/2004 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

04/14/2004

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 04/19/2004

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
MICHAEL A ANDERSON

JACK G BARONE
STEVEN R BARTELL
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
FREDERICK G GAMBLE
JOHN T GILBERT
BRIAN L HENRY
MICHAEL W HERZOG
BRADLEY R JARDINE
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
JONATHAN D SCHNEIDER
GARY M SUNDBERG
JULIE G OGAWA
ADAM B CAMPBELL
DANIEL E FREDENBERG
DAVID R GREEN
DREW M GULLY
JASON M KELLY
JOHN H CLINE
M DUNCAN SCOTT
DOUGLAS A LUSSON

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

04/14/2004

Docket Code 020
Form V000A
Page 2

ORAL ARGUMENT/TAKEN UNDER ADVISEMENT

STATUS CONFERENCE SET

4:00 p.m. This is the time set for Oral Argument on Central Valley’s Motion to Dismiss
Third-Party Complaint; Red Rock’s Motion to Dismiss with Joinder by Michie Concrete and
Joinder by Hart Plumbing; Third-Party Defendant Parra Drywall’s Motion for Summary
Judgment; Third-Party Defendant Ultra Installations’ Motion for Summary Judgment with a
joinder and status conference.

Appearances:

• Plaintiff Montana Del Sol Condominium is represented by counsel Joyce Kapsal and
Douglas A. Lusson.

• Defendant/Third-Party Plaintiff Creekstone Builders, Inc. is represented by counsel
David E. McDowell.

• Defendant JWE Spring Oaks, LLC is represented by counsel John Cline and Julie
Ogawa.

• Third-Party Defendants Catalina Roofing & Supply, Inc., Hilty’s International Inc.,
and United Subcontractors (Mesa Insulation) are represented by counsel M. Duncan
Scott.

• Third-Party Defendant Hart Plumbing of Arizona, Inc., and Cohaco Building
Specialities, Inc. are represented by counsel Joseph Kula.

• Third-Party Defendant Hilty’s International, Inc., and Construction 70 are
represented by counsel Adam Campbell.

• Third-Party Defendant Rick’s Engineering is represented by counsel Andrew
Federhar.

• Third-Party Defendant Parra Drywall, Inc. and Rondo Pools are represented by
counsel Jason M. Kelly.

• Third-Party Defendant United Floor Covering & Interiors is represented by counsel
David R. Green and Drew M. Gully.

• Third-Party Defendant Central Valley Specialists, Inc. and Michie Concrete, L.L.C.
are represented by counsel Jack Barone.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

04/14/2004

Docket Code 020
Form V000A
Page 3

• Jordon Windows & Doors are represented by counsel Douglas Fitch.

• Delta Plastering is represented by counsel Daniel Fredenberg.

• Third-Party Defendant DLH Onsite, Inc.; Daniel & Riffany Hempelman are
represented by counsel Gary Sundberg.

The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.

Oral Argument:

• Third-Party Defendant Central Valley Specialties, Inc.’s Motion to Dismiss JWE
Spring Oaks, LLC’s Third-Party Complaint with joinders by Third-Party
Defendant Hart Plumbing of Arizona, Inc. and by Michie Concrete, L.L.C. is
argued to the Court.

LET THE RECORD REFLECT that Red Rock Curb, Inc. has been dismissed
so the Motion to Dismiss JWE Spring Oaks, LLC’s Third-Party Complaint as to
that third-party defendant is moot.

• Third-Party Defendant Parra Drywall, Inc. and Rondo Pools Motion for Summary
Judgment with joinder by Third-Party Defendant United Floor Covering &
Interiors is argued to the Court.

IT IS ORDERED taking the foregoing motions under advisement.

Mediation:

The parties have attended mediation and have further mediation scheduled. Discussion
ensues as to who are required to appear at the mediation.

IT IS ORDERED that the parties or their designated representatives with authority to
settle the case should appear at the mediations or get permission from Judge Fleischman not to
appear.

Inspection Deadlines:

Discussion ensues as to extending the deadlines for the visual inspections to May 7, 2004.

Counsel for Creekstone Builders is directed to submit a proposed draft of the case
management order extending the visual inspections to May 7, 2004.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

04/14/2004

Docket Code 020
Form V000A
Page 4

Discussion ensues re: deadlines re: destructive testing. Plaintiff’s counsel will e-file the
dates and times and unit for destructive testing..

Discussion ensues re: reports.

IT IS ORDERED that defendants must have the reports by June 30, 2004. and Third
party defendants, by July 30, 2004.

Counsel will submit an amendment to the Case Management Order.

E-Filing:

Counsel are advised that e-filing is now mandatory in this case. All other filings will be
rejected.

Status Conference:

IT IS ORDERED setting the next Status Conference for September 17, 2004 at 9:00
a.m. before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

(ALLOTTED TIME: 1 hour)

5:10 p.m. Status Conference concludes.

ELECTRONIC ("E") COURTROOM

If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

04/14/2004

Docket Code 020
Form V000A
Page 5

NOTICE

New Fee for Copies of Electronically Recorded Proceedings

Blank, unused CDs and videotapes will not be accepted in lieu of payment.

Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]

Request for Daily Copy of Electronically Recorded Proceedings

04/21/2004 — CV2002008702 OAKS LLC, JWE SPRING 04/21/2004 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

04/21/2004

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 04/22/2004

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

v.

JWE SPRING OAKS LLC, et al.
MICHAEL A ANDERSON

JACK G BARONE
STEVEN R BARTELL
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
FREDERICK G GAMBLE
JOHN T GILBERT
BRIAN L HENRY
MICHAEL W HERZOG
BRADLEY R JARDINE
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
JONATHAN D SCHNEIDER
GARY M SUNDBERG
JULIE G OGAWA
ADAM B CAMPBELL
DANIEL E FREDENBERG
DAVID R GREEN
DREW M GULLY
JASON M KELLY
JOHN H CLINE
M DUNCAN SCOTT
DOUGLAS A LUSSON

RULING ON MATTER TAKEN UNDER ADVISEMENT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

04/21/2004

Docket Code 019
Form V000A
Page 2

The Court has under advisement the following motions:

1. Third-Party Defendants Central Valley Specialties Inc, Michie Concrete LLC and
Hart Plumbing of Arizona, Inc’s motions to dismiss.
2. Third-Party Defendants Ultra Installations Inc. and Parra Drywall, Inc.’s Motion for
Summary Judgment. These motions were joined by Defendants Cohaco Building
Specialties, Inc. Hart Plumbing,

After consideration of the pleadings,

IT IS ORDERED:

1. Denying the Third-Party Defendants’ motions to dismiss. A reading of paragraphs
1.2 and 2.1 of the subcontracts indicates that the parties intended to also directly
benefit the owner (JWE). JWE has standing to bring this action since the sub-
contactors had obligations under their contracts toward the owner.

2. Denying both Ultra Installations and Parra Drywall’s motions for summary judgment.
Both parties argue that the plaintiff association is limited to an action for damages to
the common areas of the condominium only. By statute, condominium is defined as
real estate having both common and individual ownership. ARS 33-1202 (11). Under
ARS 33-1242(4) an association may bring an action in its own name on behalf of
itself or two or more unit owners on matters affecting the “condominium”. This
necessarily includes non-common areas. Res Judicata will protect the defendants
here from subsequent claims by individual owners in the condominium seeking to
litigate the same issues.

06/13/2003 — CV2002008702 OAKS LLC, JWE SPRING 06/13/2003 HONORABLE CATHY M. HOLT View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
06/13/2003
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
FILED: 06/17/2003
MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL
v.
JWE SPRING OAKS LLC, et al.
JONATHAN C BURWOOD
JULIE W RHOADES
DAVID S ROSENTHAL
M DUNCAN SCOTT
ANDREW PESHEK
JACK G BARONE
MICHAEL WARZYNSKI
ADAM B CAMPBELL
DENNIS REID GARREY
MELISSA W RAWLINSON
JOHN T GILBERT
JOSEPH A KULA
JOSEPH B SWAN JR.
DOCKET-CIVIL-CCC
R GARY WINGER
RAY QUINNEY & NEBEKER
PO BOX 45385
SALT LAKE CITY UTAH 84145-0385
MINUTE ENTRY
This is the time set for a Rule 16 Pretrial Conference. Plaintiff is represented by Joyce J.
Kapsal. Defendant JWE Spring Oaks, LLC is represented by Jonathan C. Burwood. Defendant
Creekstone Builders is represented by Julie Rhoades. Defendants Central Valley Specialists and
Red Rock Curb are represented by Jack Barone. Defendants United Subcontractors, Catalina
Roofing and Supply and Hiltys International are represented by M. Duncan Scott. Adam B.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
06/13/2003
Docket Code 089
Form V000A
Page 2
Campbell is co-counsel for Defendant Hiltys International. Defendant Hart Plumbing of Arizona
is represented by Andrew Peshek. Defendants Ace Masonry Company, Bob Charles Row and
Rock Island Corp. are represented by Michael Warzynski and Douglas Fitch. Defendant Rich
Engineering is represented by Melissa Rawlinson.
Court Reporter: Denise Couvaras
Pursuant to Stipulation,
IT IS ORDERED that the law firm of Brady, Vorwerck, Ryder & Caspino, P.C., by and
through its attorneys Steven Bartell and M. Duncan Scott, are hereby substituted in place of
Brian Henry, Rina Rai and Jack Barone of the law firm of Inafrate & Rai, P.L.C, as counsel for
Catalina Roofing & Supply, all in accordance with the formal written Order signed by the Court
on June 13, 2003.
Counsel advise that they will be filing a Joint Motion to Transfer this case to the
Complex Civil Litigation Department. This Joint Motion will be filed by the close of business
on July 7, 2003 and shall be submitted to Civil Presiding Judge Downie.
On stipulation,
IT IS ORDERED:
1.
Plaintiff shall disclose its experts and their opinions by: September 15, 2003.
2.
Defendants shall disclose their experts and their opinions by: October 31, 2003.
3.
Third-Party Defendants shall disclose their experts and their opinions by:
Decemeber 10, 2003.
4.
Discovery cutoff: May 1, 2004.
The Court adopts the other deadlines for disclosure and discovery set forth in the parties'
Joint Pretrial Conference Memorandum (Revised), except as they may conflict with the
deadlines contained in this trial setting minute entry.
Counsel advise that they will be submitted a formal written Scheduling Order for the
Court's approval.
__________________
IT IS ORDERED:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
06/13/2003
Docket Code 089
Form V000A
Page 3
1. This matter is set for trial to a jury on Tuesday, September 14, 2004 at 9:30 a.m. in
this division.
NOTE: JUDGE HOLT’S DIVISION IS LOCATED IN THE OLD
COURTHOUSE, 125 W. WASHINGTON, 3RD FLOOR, SUITE 309, PHOENIX,
ARIZONA 85003 (TEL: (602) 506-3105).
Estimated length of trial is: 5 weeks
THIS IS A FIRM TRIAL SETTING.
2. A Trial Management Conference is set on Tuesday, September 7, 2004 at 8:30 a.m.
for three (3) hours.
The joint pretrial statement in accordance with Rule 16(d), A.R.C.P., is due by 5:00 p.m.,
five (5) days prior to the Trial Management Conference. In addition to the information required
by Rule 16(d), counsel are to identify in/with the joint pretrial statement all deposition or other
transcribed testimony that may be offered at trial. 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.
3.
No less than thirty (30) days prior to the Trial Management Conference, counsel
(or the parties) shall file: Motions in limine, which must 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." Written responses to a
motion in limine may be filed no later than ten (10) days before the Trial Management
Conference. If the parties’ Motions contain citations to out-of-state cases, that party shall
provide the Court with copies of those cases.
4. No less than five (5) judicial days prior to the Trial Management Conference, counsel
(or the parties) shall file:
A.
Requested jury instructions, and any voir dire questions counsel request that the
court ask.
The Judge would appreciate counsel providing a copy of the jury instruction requests on
IBM-compatible double-sided, high-density 3.5-inch diskettes, in Microsoft Word.
B.
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.
C.
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).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
06/13/2003
Docket Code 089
Form V000A
Page 4
5. All motions (except motions in limine) shall be filed no later than sixty (60) days prior
to trial so they can be scheduled, briefed, argued and decided prior to trial.
6. 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 before
3:00 p.m. two court days before trial, presenting all exhibits. The exhibits will be marked
serially as they are listed in the pretrial statement - plaintiff's first, defendant's second. Please
advise the Clerk, referring specifically to the pretrial statement, which exhibits may be marked
directly in evidence.
7. Opinions of experts fairly sought and revealed in deposition or other discovery shall
not be supplemented at trial.
8. 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.
9. All documents and pleadings described above shall be delivered or telefaxed to
opposing counsel on the date they are delivered to the Court.

07/31/2003 — CV2002008702 OAKS LLC, JWE SPRING 07/31/2003 HONORABLE CATHY M. HOLT View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
07/31/2003
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
FILED: 08/05/2003
MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL
v.
JWE SPRING OAKS LLC, et al.
JONATHAN C BURWOOD
DAVID E MCDOWELL
BRADLEY R JARDINE
STEVEN R BARTELL
JOSEPH B SWAN JR.
DENNIS REID GARREY
ADAM B CAMPBELL
GREGORY A ROSENTHAL
JOHN T GILBERT
DENNIS J STRYKER
RICK'S ENGINEERING
5620 FRIARS RD
SAN DIEGO CA 92110-2596
R GARY WINGER
RAY QUINNEY & NEBEKER
36 S STREET #1400
PO BOX 45385
SALT LAKE CITY UT 84145-0385
MINUTE ENTRY
IT IS ORDERED setting oral argument on Third Party Defendants Central Valley
Specialties, Inc.'s and Red Rock Curb, Inc.'s Motion to Dismiss JWE Spring Oak, LLC's Third-
Party Complaint on Monday, November 3, 2003 at 3:30 p.m. in this division.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
07/31/2003
Docket Code 094
Form V000A
Page 2
If the parties’ Motions contain citations to out-of-state cases,
that party shall provide the Court with copies of those cases.
NOTE: JUDGE HOLT’S DIVISION IS LOCATED IN THE OLD
COURTHOUSE, 125 W. WASHINGTON, 3RD FLOOR, SUITE 309, PHOENIX,
ARIZONA 85003 (TEL: (602) 506-3105).

08/25/2008 — CV2002008702 OAKS LLC, JWE SPRING 08/25/2008 HON. MARK F. ACETO View Minute Entry ↑ top

Source: Minute Source

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/26/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
08/25/2008
Docket Code 025
Form V922A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
L. Samson
Deputy
MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL
v.
JWE SPRING OAKS LLC, et al.
JILL ANN HERMAN
K R B CONSTRUCTION INC
NO ADDRESS ON RECORD
JACK G BARONE
STEVEN R BARTELL
TRIPLE D COUNTER TOPS INC
ATTN: MR. CURTIS DAWE
6611 W PEORIA, #5-142
GLENDALE AZ 85302
WILLIAM H DOUGLAS
DOUGLAS H FITCH
INSULATION SPECIALISTS INC
NO ADDRESS ON RECORD
BRADLEY R JARDINE
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW R PESHEK
DENNIS J STRYKER
GARY M SUNDBERG
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
JUDGE BUTTRICK
LEXISNEXIS FILE & SERVE

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
08/25/2008
Docket Code 025
Form V922A
Page 2
CHANGES TO THE COURT'S EFILING PROGRAM
Effective September 8, 2008, LexisNexis File and Serve will no longer operate as a court
certified eFiling provider. Mandatory electronic filing and service shall continue for all
participants in designated complex civil litigation cases in accordance with the guidelines set
forth in Administrative Order No. 2007-140. The current court certified eFiling providers and
the guidelines for eFiling are set forth at:
http://www.clerkofcourt.maricopa.gov/efiling/default.asp. Electronic service is only available
through the court certified eFiling provider* or as otherwise authorized by Arizona Rules of
Civil Procedure, Rule 5(c).
ANY FILINGS NOT E-FILED WILL NOT BE CONSIDERED BY THE DIVISION
UNTIL PROPERLY E-FILED.
To assist with the changes to the eFiling program, the Office of the Clerk of the Superior
Court has prepared instruction and training concerning the eFiling system. All parties and
attorneys of record in this case are strongly encouraged to study this material. The website
address for training materials is: http://www.clerkofcourt.maricopa.gov/efiling/default.asp. The
Clerk's Office shall be available for instruction and training as needed.
The eFiling system website address is
http://www.clerkofcourt.maricopa.gov/efiling/default.asp. The site contains supplemental
training and other reference materials, including contact names and phone numbers, to assist
with any questions.
Self-represented parties or pro per litigants, and other case participants like Mediators,
Arbitrators, and Special Discovery Masters are strongly encouraged to eFile all pleadings. If a
self-represented party, or other case participant chooses to file their pleading in paper, they shall
include a notation just under the case number on the first page of the pleading that the case is an
"E-FILE CASE."
The eFiling system can be accessed from any computer that has an internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
If an eFiling requires a filling fee, the Clerk of the Court, upon accepting an eFiled
document, will assess the fee and may contact the filing party by phone for credit card payment,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-008702
08/25/2008
Docket Code 025
Form V922A
Page 3
or issue a bill to the filing party by mail. For those filing participants who choose to utilize the
services of a qualified eFiling provider, the Court has authorized that provider to collect payment
of filing fees.
eFiled Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summer Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to
Defendant's Motion for Summary Judgment on Negligence." No response to a motion shall
contain a separate motion, except in the case of a cross-motion bearing the same designation.
* Currently the only court certified eFiling provider is Wiznet. E-service through Wiznet
can be accomplished only if both the sender and the recipient are registered with Wiznet.

09/17/2004 — CV2002008702 OAKS LLC, JWE SPRING 09/17/2004 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

09/17/2004

Docket Code 027
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 09/22/2004

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
JILL ANN HERMAN

JACK G BARONE
STEVEN R BARTELL
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
JOHN T GILBERT
MICHAEL W HERZOG
BRADLEY R JARDINE
JASON M KELLY
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
JONATHAN D SCHNEIDER
GARY M SUNDBERG
DENNIS I WILENCHIK
ROBERT H WILLIS
JOHN H CLINE
DANIEL P COLLINS
ADAM B CAMPBELL
CHRISTY M THOMPSON
M DUNCAN SCOTT
DANIEL E FREDENBERG
LAWRENCE J FELDER
RYAN J LINDER

PRETRIAL CONFERENCE

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

09/17/2004

Docket Code 027
Form V000A
Page 2

9:25 a.m. This is the time set for a Pretrial Conference.

Appearances:

• Plaintiff Montana Del Sol Condominium Association is represented by counsel
Joyce Kapsal.

• Defendant JWE Spring Oaks, LLC. is represented by counsel John Cline.

• Third-Party Defendant Hiltys International, Inc is represented by counsel Adam
B. Campbell.

• Third-Party Defendant Rock Island Corporation d/b/a Jordan Window & Door.
and Ace Masonry Company, Row and Bunch are represented by counsel Douglas
H. Fitch.

• Third-Party Defendant Construction 70, Inc and Third-Party Defendant Hart
Plumbing of Arizona.are represented by counsel Christy Thompson.

• Third-Party Defendant Michie Concrete, Central Valley Specialities, Inc. and
Parra Drywall, Inc. are represented by counsel Jack Barone.

• Defendant/Third-Party Plaintiff Creekstone Builders, Inc. is represented by
counsel David E. McDowell.

• Third-Party Defendant Kenro Turner Construction, Inc. is represented by counsel
Lawrence Feldre.

• Third-Party Defendant United Floor Coverings and Interiors, Inc. is represented
by counsel Ryan Linder.

• Third-Party Defendants Catalina Roofing & Supply, Inc., Hilty’s International,
Inc. and United Subcontractors, Inc., d/b/a Mesa Insulation Specialists. are
represented by counsel M. Duncan Scott.

• Third-Party Defendants Noel Corporation Plastering Stucco and Delta Plastering
are represented by counsel Daniel Fredenberg.

• Third-Party Defendants Rondo Pools, Inc. and Parra Drywall, Inc. are represented
by counsel Jason Kelly.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

09/17/2004

Docket Code 027
Form V000A
Page 3

• Third-Party Defendants Dave Wilson Nursery is represented by counsel Daniel
Collins.

The case status is discussed.

The parties are scheduled for mediation on November 5, 2004.

Counsel for Third-Party Defendant Kenro Turner Construction, Inc. presents the Court
with a Notice of Change of Judge.

IT IS ORDERED denying the Request for Change of Judge for the reasons stated on the
record.

IT IS FURTHER ORDERED setting oral argument on December 10, 2004 at 2:00
p.m. on the following motions:

• Defendant/Third-Party Plaintiff Creekstone Builders, Inc.’s Motion to Strike
• Defendant/Third-Party Plaintiff Creekstone Builders, Inc.’s Motion for Summary
Judgment
• All other pending Motions for Summary Judgment

Before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

(ALLOTTED TIME: 1 Hr.)

IT IS FURTHER ORDERED affirming the date for trial to a jury of February 23,
2005, at 9:00 a.m. (ALLOTTED TIME: 5 weeks)

LET THE RECORD REFLECT that motions in limine and other trial motions will be
addressed on the first day of trial.

IT IS FURTHER ORDERED that Discovery must be completed by close of business
on December 17, 2004.

IT IS FURTHER ORDERED that all dispositive motions must be filed by close of
business on December 17, 2004.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

09/17/2004

Docket Code 027
Form V000A
Page 4

IT IS FURTHER ORDERED setting a final Pretrial Management Conference for
January 7, 2005 at 9:00 a.m.

Joint Pretrial Statement

The Joint Pretrial Statement (JPTS), in accordance with Rule 16(d),
Arizona Rules of Civil Procedure, is due in this Division by five days prior to
the Pretrial Management Conference. Counsel are to notify the Court at that
time if an interpreter or any special equipment will be needed during trial.

In addition to the information required by the Arizona Rules of Civil
Procedure Rule 16(d), counsel are to identify in the JPTS all deposition or other
transcribed testimony that may be offered at trial. The proposed testimony is to
be identified by reference to page and line numbers. Objections and the reasons
for objections to such testimony, if any, are also to be set forth.

Also, with the JPTS, counsel shall deliver to this Division, copies of the
following:

Proposed voir dire questions.

A joint set of agreed-upon preliminary and final jury instructions are to be
submitted on disk in Word format.

Separate sets of requested instructions that have not been agreed upon are
to be submitted on disk in Word format. Please read Rosen v. Knaub, 175 Ariz.
329, 857 P.2d 381 (1993); and the RAJI Civil 3d Statement of Purpose and
Approach before preparing the request for non-RAJI instructions.

Proposed Findings of Fact and Conclusions of Law, if a request has been
or will be filed. If no proposed Findings of Fact and Conclusions of Law is
received, the request shall be deemed waived.

In trial by jury, the parties shall jointly prepare a brief summary of the
case which the Court will read to the jury at the commencement of voir dire.

IT IS FURTHER ORDERED setting Oral Argument on any new Motions for Summary
Judgment and any dispositive motions for February 4, 2005 at 9:00 a.m.

9:55 a.m. Conference concludes.

ELECTRONIC ("E") COURTROOM

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

09/17/2004

Docket Code 027
Form V000A
Page 5

If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.

NOTICE

New Fee for Copies of Electronically Recorded Proceedings

Blank, unused CDs and videotapes will not be accepted in lieu of payment.

Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]

Request for Daily Copy of Electronically Recorded Proceedings

09/23/2003 — CV2002008702 OAKS LLC, JWE SPRING 09/23/2003 HON. MARGARET H. DOWNIE View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

09/23/2003

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARGARET H. DOWNIE
L. Rasmussen

Deputy

FILED: 09/25/2003

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

v.

JWE SPRING OAKS LLC, et al.
JONATHAN C BURWOOD

STEVEN R BARTELL
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
FREDERICK G GAMBLE
JOHN T GILBERT
BRIAN L HENRY
MICHAEL W HERZOG
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
GREGORY A ROSENTHAL
JONATHAN D SCHNEIDER
GARY M SUNDBERG
MICHAEL WARZYNSKI
JUDGE HOLT

MINUTE ENTRY

This Division only recently received a copy of third party defendant Rick Engineering’s
Motion for Designation as a Complex Case. The motion was apparently filed on July 8, 2003,
but not provided to this division. In reviewing the file, it appears that additional parties have
joined the litigation since July 8, 2003.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

09/23/2003

Docket Code 023
Form V000A
Page 2

IT IS ORDERED that any party who wishes to be heard on the motion for complex
designation file a response within 15 days of today’s date.

10/30/2003 — CV2002008702 OAKS LLC, JWE SPRING 10/30/2003 HONORABLE CATHY M. HOLT View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

10/30/2003

Docket Code 002
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CATHY M. HOLT
E. Schneider

Deputy

FILED: 11/04/2003

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

v.

JWE SPRING OAKS LLC, et al.
JONATHAN C BURWOOD

STEVEN R BARTELL
ANDREW M FEDERHAR
DOUGLAS H FITCH
FREDERICK G GAMBLE
JOHN T GILBERT
BRIAN L HENRY
MICHAEL W HERZOG
JOSEPH A KULA
DAVID E MCDOWELL
GREGORY A ROSENTHAL
GARY M SUNDBERG
MICHAEL WARZYNSKI
SUZANNE R COBB
ADAM B CAMPBELL
DENNIS REID GARREY
NEAL B THOMAS
JASON M KELLY
MARK D ZUKOWSKI
JOSEPH B SWAN JR.
R GARY WINGER
RAY QUINNEY & NEBEKER
36 S STATE ST
STE 1400
SALT LAKE CITY UT 84111
DENIS J STRYKER
RICK ENGINEERING CO
5620 FRIARS RD
SAN DIEGO CA 92110-2596

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

10/30/2003

Docket Code 002
Form V000A
Page 2

MINUTE ENTRY

On the Court’s own motion.

IT IS ORDERED vacating oral argument set on November 3, 2003 at 3:30 p.m.
on Third-Party Defendants Central Valley Specialties, Inc.’s and Red Rock Curb, Inc.’s Motion
to Dismiss JWE Spring Oak, LLC’s Third-Party Complaint. The Motion to Dismiss will be held
in abeyance until Judge Downie has had an opportunity to rule on the Motion for Designation as
a Complex Case.

11/05/2002 — CV2002008702 OAKS LLC, JWE SPRING 11/05/2002 HONORABLE CATHY M. HOLT View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 11/07/2002
11/05/2002
CLERK OF THE COURT
FORM V000A
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
CV 2002-008702
Docket Code 026
Page 1
FILED: _________________
MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL
v.
JWE SPRING OAKS LLC, et al.
ANDREW B TURK
DAVID E MCDOWELL
JILL ANN HERMAN
MINUTE ENTRY
Plaintiff having filed a Request for Rule 16 Hearing
Pursuant to Rule 16, A.R.C.P.,
IT IS ORDERED setting a Pretrial Conference on Wednesday,
March 5, 2003 at 8:30 a.m. before this division.
NOTE: JUDGE HOLT’S DIVISION IS LOCATED IN THE OLD
COURTHOUSE, 125 W. WASHINGTON, 3RD FLOOR, SUITE 309, PHOENIX,
ARIZONA 85003 (TEL: (602) 506-3105).
Counsel for the plaintiff(s) and defendant(s) are to meet
personally before the Pretrial Conference to discuss those
subjects listed under ARCP, Rule 16(b). Counsel for
plaintiff(s) and defendant(s) shall prepare and file a Joint
Pretrial Conference Memorandum no later than 5:00 p.m., February
28, 2003, addressing all applicable subjects listed under ARCP,
Rule 16(b) and, IN ADDITION, A BRIEF DESCRIPTION OF THE NATURE

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 11/07/2002
11/05/2002
CLERK OF THE COURT
FORM V000A
HONORABLE CATHY M. HOLT
E. Schneider
Deputy
CV 2002-008702
Docket Code 026
Page 2
OF THE CASE, THE ISSUES, AND EACH PARTY’S POSITION WITH RESPECT
TO THE ISSUES, AND THE ESTIMATED LENGTH OF THE TRIAL.
If counsel are unable to agree on any of the items in the
Joint Pretrial Conference Memorandum, the reasons for their
inability to agree shall be set forth in the memorandum.
Counsel are reminded that the Court may impose sanctions
against counsel and/or their client for failure to participate
in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

11/17/2004 — CV2002008702 OAKS LLC, JWE SPRING 11/17/2004 HON. MARGARET H. DOWNIE View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

11/17/2004

Docket Code 066
Form V000A
Page 1

CLERK OF THE COURT
HON. MARGARET H. DOWNIE
L. Rasmussen

Deputy

FILED: 11/19/2004

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
JILL ANN HERMAN

JACK G BARONE
STEVEN R BARTELL
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
MICHAEL W HERZOG
BRADLEY R JARDINE
JASON M KELLY
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
JONATHAN D SCHNEIDER
GARY M SUNDBERG
DENNIS I WILENCHIK
ROBERT H WILLIS
COURT ADMIN-CIVIL-CCC
DOCKET-CIVIL-CCC
FILE ROOM-CSC
JUDGE FIELDS

CASE REASSIGNMENT – CIVIL PRESIDING JUDGE

By order dated October 12, 2004, Judge Fields severed the claims against third-party
defendant Kenro Turner Construction from the remainder of the case and transferred only that -

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

11/17/2004

Docket Code 066
Form V000A
Page 2

portion of the case for reassignment due to Kenro Turner Construction’s notice of change of
judge.

IT IS ORDERED reassigning the severed claims to the Honorable Pendleton Gaines.
The severed claims are not, however, to be designated complex.

IT IS FURTHER ORDERED that the severed claims shall be under new case number CV
2002-025208 for all further proceedings. Any e-filings pertaining to third-party defendant Kenro
Turner Construction, after it became a party to the case in July 2004, shall be copied and placed
into the new file.

The new caption shall include the following parties:

JWE SPRING OAKS, LLC, and

JILL ANN HERMAN

CREEKSTONE BUILDERS, INC.

DAVID E. McDOWELL

KENRO TURNER CONSTRUCTION, INC.

DENNIS I. WILENCHIK

cc:
Judge Gaines
Karen Lavelle

12/01/2003 — CV2002008702 OAKS LLC, JWE SPRING 12/01/2003 HON. MARGARET H. DOWNIE View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

12/01/2003

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARGARET H. DOWNIE
L. Rasmussen

Deputy

FILED: 12/03/2003

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
JONATHAN C BURWOOD

JUDGE HOLT

CASE REASSIGNMENT – COMPLEX DESIGNATION

The court has considered defendant Rick Engineering’s Motion for Designation as a
Complex Case. No opposition was filed. Pursuant to Rule 8(i), Ariz.R.Civ.P., Maricopa County
Superior Court Administrative Order No. 2002-127, and good cause appearing,

IT IS ORDERED:

1. Designating this matter as a complex civil case.

2. Reassigning the case from the Honorable Cathy Holt to the Honorable Kenneth
Fields.

3. Setting a case management conference before Judge Fields for January 9, 2004, at
10:00 a.m. Time allotted: 2 hours. Counsel and unrepresented parties shall appear
in person.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

12/01/2003

Docket Code 019
Form V000A
Page 2

4. Counsel and any unrepresented parties shall personally meet and confer and submit a
joint memorandum addressing the issues enumerated in Rule 16.3(a), Ariz.R.Civ.P.1,
at least seven (7) calendar days prior to the conference.

The parties are advised that, pursuant to Maricopa County Superior Court Administrative Order
No. 2002-127, each plaintiff and each defendant is responsible for a complex case fee in the
amount of $500.00. The Clerk and/or Court Administrator will advise the parties when payment
is due.

cc:
Judge Fields

Diana Clarke, Civil Court Admin.

1 The text of rules 8(i) and 16.3 can be found in Arizona Supreme Court Administrative Order No. 2002-107, which
can be located at www.supreme.state.az.us or attached to Maricopa County Superior Court Administrative Order
No. 2002-127, which can be located under “administrative orders” at www.superiorcourt.maricopa.gov .

12/09/2004 — CV2002008702 OAKS LLC, JWE SPRING 12/09/2004 HONORABLE KENNETH L. FIELDS View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

12/09/2004

Docket Code 095
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 12/10/2004

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
JILL ANN HERMAN

JACK G BARONE
STEVEN R BARTELL
TRIPLE D COUNTER TOPS INC
ATTN: MR. CURTIS DAWE
6611 W PEORIA, #5-142
GLENDALE AZ 85302
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
MICHAEL W HERZOG
BRADLEY R JARDINE
JASON M KELLY
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
JONATHAN D SCHNEIDER
GARY M SUNDBERG
DENNIS I WILENCHIK
ROBERT H WILLIS

ORAL ARGUMENT RESET &
PRETRIAL MANAGEMENT CONFERENCE SET

IT IS ORDERED vacating oral argument set for December 10, 2004 and resetting same
for February 4, 2005 at 9:00 a.m. on the following motions:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

12/09/2004

Docket Code 095
Form V000A
Page 2

IT IS FURTHER ORDERED setting a final Pretrial Management Conference at the
same time and date: February 4, 2005 at 9:00 a.m.

Before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

ALLOTTED TIME: 2 Hours

ELECTRONIC ("E") COURTROOM

If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.

NOTICE

New Fee for Copies of Electronically Recorded Proceedings

Blank, unused CDs and videotapes will not be accepted in lieu of payment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

12/09/2004

Docket Code 095
Form V000A
Page 3

Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]

Request for Daily Copy of Electronically Recorded Proceedings

12/22/2003 — CV2002008702 OAKS LLC, JWE SPRING 12/22/2003 HON. MARGARET H. DOWNIE View Minute Entry ↑ top

Source: Minute Source

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

12/22/2003

Docket Code 019
Form V066A
Page 1

CLERK OF THE COURT
HON. MARGARET H. DOWNIE
L. Rasmussen

Deputy

FILED: 12/24/2003

MONTANA DEL SOL CONDOMINIUM
ASSOCIATION
JOYCE J KAPSAL

JWE SPRING OAKS LLC, et al.
JONATHAN C BURWOOD

STEVEN R BARTELL
WILLIAM H DOUGLAS
ANDREW M FEDERHAR
DOUGLAS H FITCH
FREDERICK G GAMBLE
JOHN T GILBERT
BRIAN L HENRY
MICHAEL W HERZOG
JOSEPH A KULA
DAVID E MCDOWELL
ANDREW PESHEK
GREGORY A ROSENTHAL
JONATHAN D SCHNEIDER
GARY M SUNDBERG
MICHAEL WARZYNSKI

IT IS ORDERED correcting minute entry dated 12/01/2003, nunc pro tunc, to include the
above endorsements. The minute entry dated 12/01/2003 reads as follows:

CASE REASSIGNMENT – COMPLEX DESIGNATION

The court has considered defendant Rick Engineering’s Motion for
Designation as a Complex Case. No opposition was filed. Pursuant to Rule 8(i),
Ariz.R.Civ.P., Maricopa County Superior Court Administrative Order No. 2002-
127, and good cause appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2002-008702

12/22/2003

Docket Code 019
Form V066A
Page 2

IT IS ORDERED:

1. Designating this matter as a complex civil case.

2. Reassigning the case from the Honorable Cathy Holt to the Honorable
Kenneth Fields.

3. Setting a case management conference before Judge Fields for January 9,
2004, at 10:00 a.m. Time allotted: 2 hours. Counsel and unrepresented
parties shall appear in person.

4. Counsel and any unrepresented parties shall personally meet and confer
and submit a joint memorandum addressing the issues enumerated in Rule
16.3(a), Ariz.R.Civ.P.1, at least seven (7) calendar days prior to the
conference.

The parties are advised that, pursuant to Maricopa County Superior Court
Administrative Order No. 2002-127, each plaintiff and each defendant is
responsible for a complex case fee in the amount of $500.00. The Clerk and/or
Court Administrator will advise the parties when payment is due.

cc:
Judge Fields

Diana Clarke, Civil Court Admin.

Documents

Type	Title	Content Type	Size	Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 01/09/2004 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	22.5 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 01/13/2004 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	33.7 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 02/04/2005 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	19.7 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 03/04/2005 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	16.5 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 03/05/2003 HONORABLE CATHY M. HOLT View Minute Entry	application/pdf	6.3 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 03/30/2004 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	9.7 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 04/02/2004 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	8.6 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 04/04/2005 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	12.8 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 04/14/2004 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	19.3 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 04/21/2004 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	9.3 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 06/13/2003 HONORABLE CATHY M. HOLT View Minute Entry	application/pdf	12.6 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 07/31/2003 HONORABLE CATHY M. HOLT View Minute Entry	application/pdf	7.4 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 08/25/2008 HON. MARK F. ACETO View Minute Entry	application/pdf	9.3 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 09/17/2004 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	19.4 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 09/23/2003 HON. MARGARET H. DOWNIE View Minute Entry	application/pdf	5.1 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 10/30/2003 HONORABLE CATHY M. HOLT View Minute Entry	application/pdf	5.4 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 11/05/2002 HONORABLE CATHY M. HOLT View Minute Entry	application/pdf	6.0 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 11/17/2004 HON. MARGARET H. DOWNIE View Minute Entry	application/pdf	7.7 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 12/01/2003 HON. MARGARET H. DOWNIE View Minute Entry	application/pdf	8.9 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 12/09/2004 HONORABLE KENNETH L. FIELDS View Minute Entry	application/pdf	11.6 KB	Document Source
minute_entry_pdf	CV2002008702 OAKS LLC, JWE SPRING 12/22/2003 HON. MARGARET H. DOWNIE View Minute Entry	application/pdf	9.4 KB	Document Source