02/05/2004 — CV2003090668 CRAMPTON, DON P 02/05/2004 HON. BARBARA M. JARRETT View Minute Entry ↑ top
- Source
- Minute Source
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-090668
02/05/2004
Docket Code 026
Form V026
Page 1
CLERK OF THE COURT
HON. BARBARA M. JARRETT
M. Brady
Deputy
FILED: 02/10/2004
DON P CRAMPTON
T GERALD CHILTON JR.
v.
EAGLE MOUNTAIN INVESTORS L.L.C., et al.
ROBERT A HENRY
KENNETH W WELSH
COMPREHENSIVE PRETRIAL CONFERENCE SETTING
Pursuant to Rule 16, A.R.C.P., this case is scheduled for a Comprehensive Pretrial
Conference on 03/10/2004 at 8:45 a.m. in this division. 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.
All counsel are directed to meet personally before the Comprehensive Pretrial
Conference to discuss all of the matters set forth in Rule 16(c), A.R.C.P. Counsel shall prepare
and file with the Court three working days before the Comprehensive Pretrial 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 simultaneous disclosure of expert witnesses.
3. A date or dates for the disclosure of all non-expert witnesses.
4. The number of additional non-uniform interrogatories requested by each party and the
reasons for the requests.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-090668
02/05/2004
Docket Code 026
Form V026
Page 2
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.
8. 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 Pretrial Statement of the Comprehensive
Pretrial Conference.
03/10/2004 — CV2003090668 CRAMPTON, DON P 03/10/2004 HON. BARBARA M. JARRETT View Minute Entry ↑ top
- Source
- Minute Source
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-090668
03/10/2004
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. BARBARA M. JARRETT
M. Brady
Deputy
FILED: 03/12/2004
DON P CRAMPTON
T GERALD CHILTON JR.
v.
EAGLE MOUNTAIN INVESTORS L.L.C., et al.
ROBERT A HENRY
KENNETH W WELSH
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
8:45 a.m. This is the time set for pretrial conference/Rule 16 comprehensive. Gerald
Chilton Jr. is present telephonically on behalf of the plaintiff. Robert Henry is present on behalf
of defendant Eagle Mountain Investors. Ken Welsh is present telephonically on behalf of
defendant Eagle Mountain Community Association.
Court Reporter, Donna Johnson, is present.
IT IS ORDERED setting this case for a jury trial on 09/20/2004 at 9:30 a.m.
Estimated length of trial: 3 days.
THIS IS A FIRM TRIAL SETTING. A MOTION TO CONTINUE BASED ON LACK
OF PREPARATION WILL NOT BE GRANTED.
1. Discovery shall be completed on or before 07/14/2004.
2. Final Supplemental Disclosure statements shall be completed on or before
05/31/2004. Any rebuttal witnesses shall be disclosed on or before 06/30/2004.
3. A final pre-trial conference is set for 09/14/2004 at 8:45 a.m.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-090668
03/10/2004
Docket Code 089
Form V000A
Page 2
4. A joint pretrial statement in accordance with Rule 16(d), Arizona Rules of Civil
Procedure, shall be due the day prior to the time of the pre-trial conference.
5. Jury instructions are to be provided at the pre-trial conference.
6. All Motions in Limine shall be filed 30 actual days (Sun.-Sat.) before the trial date.
Responses shall be filed 10 actual days (calendar) before the trial date. No replies allowed. All
Motions in Limine shall be heard on 09/14/2004 at 8:45 a.m.
7. At the pre-trial conference, counsel shall provide the Court with copies of any
deposition transcripts to be read to the jury. The offering party should highlight the portions to
be read. The other side should highlight Rule 106 additions. Any objections for the Court to
rule on should be clearly marked in the margin.
8. In the ordinary case, counsel may assume the jury will be picked and opening
statements will take place in the morning. Witnesses will then be called on the first day. Trial
days are 9:30 a.m. to 12:00 p.m., and 1:30 p.m. to 4:30 p.m., four days a week (Monday –
Thursday).
9. At the pre-trial conference, counsel shall be prepared to discuss:
(a) time limits in voir dire, opening statements, examination of witnesses and closing
statements.
(b) stipulation as to the foundation and authenticity of exhibits.
(c) preliminary jury instructions.
10. Counsel shall present all exhibits with a list of exhibit descriptions to the Clerk of this
Court at the time of the pretrial conference. The exhibits will be marked serially as they are
listed in the pretrial statement - plaintiff's first, defendant's second. Counsel will make sure that
they do not bring to the clerk a Plaintiff’s set of exhibits and a Defendant’s set of exhibits
that include duplicate exhibits. Counsel shall also present original depositions for filing at that
time. Please advise the Clerk, referring specifically to the pretrial statement, which exhibits
may be marked directly in evidence.
11. One day’s jury fees will be assessed unless the Court is notified of settlement before
2:00 p.m. on the judicial day before trial.
IT IS FURTHER ORDERED referring this matter to the Court’s Alternative Dispute
Resolution Office for the appointment of a Judge Pro Tempore to conduct a settlement
conference. Counsel and/or the parties are instructed that ADR will not set the settlement
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-090668
03/10/2004
Docket Code 089
Form V000A
Page 3
conference and therefore they should not contact the office of ADR. Counsel and/or the parties
will be notified by ADR by minute entry upon the appointment of a Judge Pro Tempore and at
that time should contact the appointed Judge Pro Tempore to arrange the time and location for
the settlement conference. The Judge Pro Tempore is requested to conduct a settlement
conference not later than 06/10/2004.
07/22/2003 — CV2003090668 CRAMPTON, DON P 07/22/2003 HON. MARGARET H. DOWNIE View Minute Entry ↑ top
- Source
- Minute Source
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-090668
07/22/2003
Docket Code 066
Form V066A
Page 1
CLERK OF THE COURT
HON. MARGARET H. DOWNIE
L. Rasmussen
Deputy
FILED: 07/24/2003
DON P CRAMPTON
T GERALD CHILTON
v.
EAGLE MOUNTAIN INVESTORS L.L.C., et al.
ROBERT A HENRY
FILE ROOM-SE
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to Honorable Bethany G. Hicks, who has disqualified
herself. The case was transferred to the Civil Presiding Judge for reassignment.
IT IS ORDERED that this case be assigned to Civil Calendar CVJ21, the Honorable
Barbara Jarrett, for all further proceedings.
Pending: See attached coversheet. Any pending matters will be affirmed or reset by the
newly assigned division.
cc: Judge Jarrett
08/18/2003 — CV2003090668 CRAMPTON, DON P 08/18/2003 HON. BARBARA M. JARRETT View Minute Entry ↑ top
- Source
- Minute Source
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-090668
08/18/2003
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HON. BARBARA M. JARRETT
M. Brady
Deputy
FILED: 08/25/2003
DON P CRAMPTON
T GERALD CHILTON
v.
EAGLE MOUNTAIN INVESTORS L.L.C., et al.
ROBERT A HENRY
MINUTE ENTRY
Pursuant to request,
IT IS ORDERED setting oral argument re: Defendant Eagle Mountain Investors, L.L.C.’s
Motion to Dismiss on 09/19/2003 at 9:15 a.m. in this division.
10/10/2003 — CV2003090668 CRAMPTON, DON P 10/10/2003 HON. BARBARA M. JARRETT View Minute Entry ↑ top
- Source
- Minute Source
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-090668
10/10/2003
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. BARBARA M. JARRETT
M. Brady
Deputy
FILED: 10/15/2003
DON P CRAMPTON
T GERALD CHILTON
v.
EAGLE MOUNTAIN INVESTORS L.L.C., et al.
ROBERT A HENRY
STEPHEN D HOFFMAN
KENNETH W WELSH
MINUTE ENTRY
10:35 a.m. This is the time set for oral argument re: Defendant’s Motion to Dismiss and
Plaintiff’s Motion to File an Amended Complaint. Gerald Chilton is present on behalf of the
plaintiff. Robert Henry is present on behalf of defendant Eagle Mountain Investors L.L.C.
Kenneth Welsh is present on behalf of defendant Eagle Mountain Community Association.
Court Reporter, Donna Johnson, is present.
After discussion,
IT IS ORDERED allowing plaintiff to file an Amended Complaint.
IT IS FURTHER ORDERED the Court takes Defendant’s Motion to Dismiss under
advisement.
10/24/2003 — CV2003090668 CRAMPTON, DON P 10/24/2003 HON. BARBARA M. JARRETT View Minute Entry ↑ top
- Source
- Minute Source
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-090668
10/24/2003
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. BARBARA M. JARRETT
M. Brady
Deputy
FILED: 10/30/2003
DON P CRAMPTON
T GERALD CHILTON JR.
v.
EAGLE MOUNTAIN INVESTORS L.L.C., et al.
ROBERT A HENRY
DOCKET-CIVIL-SE
MINUTE ENTRY
The Court previously heard oral argument on, and took under advisement, Defendant
EMI’s Motion to Dismiss the Complaint. The Court now makes the following findings and
enters the following orders.
IT IS ORDERED granting Defendant EMI’s Motion to Dismiss Plaintiff’s Second Claim
for Relief: Declaratory Judgment. The Court agrees with Defendants that the issue whether
Plaintiff will be allowed to construct a particular residence on Lot 4 is between Plaintiff and The
Eagle Mountain Community Association, not between Plaintiff and EMI. The Court also agrees
with Defendant EMI that Plaintiff is not entitled to seek declaratory relief requiring Defendant
EMI to provide at its expense a sewer tap that would not require a builder on Lot 4 to install a
sewer ejector pump.
IT IS FURTHER ORDERED granting EMI’s Motion to Dismiss any claim for punitive
damages in this contractual dispute.
IT IS FURTHER ORDERED allowing Plaintiff to file an Amended Complaint.
