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Maricopa County Superior Court Case CV2005-001014: public docket details, parties, minute entries, documents, and official source links for North Heights Property Owners Association Inc.

Case Number

CV2005-001014

County

Maricopa

Caption

Not captured

Filed

1/18/2005

Case Type

Civil

Judge

Julian, Melissa

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

03/03/2005

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli

Deputy

FILED: 03/07/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

MINUTE ENTRY

The Court having received Plaintiffs’ Motion for Rule 16 Pretrial Conference,

IT IS ORDERED setting a Telephonic Comprehensive Pretrial Conference for
March 25, 2005 at 9:00 a.m. for 15 minutes before:

The Honorable PETER C. REINSTEIN
Superior Court of Arizona
Old Courthouse
125 W. Washington
Courtroom 303 – 3rd Floor
Phoenix, Arizona 85003
(602) 506-6368

Counsel for Plaintiff shall initiate the conference call.

Counsel for the Plaintiff(s) and Defendant(s) are to meet personally before the Pretrial
Conference to discuss those subjects listed under A.R.C.P., Rule 16(c). Counsel for Plaintiff(s)
and Defendant(s) shall prepare and file a Joint Pretrial Conference Memorandum five judicial
days before the conference addressing all applicable subjects listed under Rule 16(c) 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

03/03/2005

Docket Code 026
Form V000A
Page 2

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
clients for failure to participate in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

03/11/2005

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli

Deputy

FILED: 03/14/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

TELEPHONIC ORAL ARGUMENT SET

The Court having received Defendant’s Motion to Dismiss MCO Properties as a Plaintiff,

IT IS ORDERED setting telephonic oral argument, in conjunction with Comprehensive
Pretrial Conference, for March 25, 2005, at 9:00 a.m., before:

The Honorable PETER C. REINSTEIN
Maricopa County Superior Court
Old Courthouse
125 W. Washington, Courtroom 303
Phoenix, Arizona 85003
(602) 506-6368

If counsel cite significant out-of-state case law, the Court will appreciate receiving a copy
of the case law with the Court’s copy of the pleading.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

03/25/2005

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
T. Melius

Deputy

FILED: 03/30/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

MINUTE ENTRY

9:11 a.m. This is the time set for telephonic Oral Argument on Defendant’s Motion to
Dismiss and Rule 16 Conference. Plaintiffs are represented by counsel, Paul E. Gilbert.
Defendant is represented by counsel, Charles E. Maxwell.

Court reporter is not present.

Arguments are presented to the Court.

IT IS ORDERED taking this matter under advisement.

9:27 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

03/28/2005

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
T. Melius

Deputy

FILED: 04/01/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

MINUTE ENTRY

The Court has considered Defendant’s Motion to Dismiss MCO Properties as a Plaintiff,
Plaintiffs’ Response, and the Reply. The Court has also heard arguments of counsel. Based
upon the Court’s consideration of the above, the Court makes the following findings and ruling.

The Defendant Association seeks to have the Court dismiss Plaintiff MCO as a Plaintiff
arguing that MCO has no standing in this matter. The Association contends that because MCO
transferred the property in question to Plaintiff EN LLC 15 months prior to the litigation, MCO
has been divested of standing in this lawsuit.

The Court finds that MCO, prior to this lawsuit, transferred all right, title, and interest in
the property (Lot 27) to EN LLC, a wholly owned subsidiary of MCO. The Court further finds
that as a result of this transfer, MCO no longer has a vested right in Lot 27 and thus has no
vested rights in the restrictive covenants that run with Lot 27.

Finally, the Court finds A.R.S. §11-1134,(B)(7) to be inapplicable under the facts of the
case at bar. Accordingly,

IT IS ORDERED granting the Association’s Motion to Dismiss MCO Properties as a
Plaintiff in this matter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

03/28/2005

Docket Code 019
Form V000A
Page 2

IT IS FURTHER ORDERED setting a Telephonic Comprehensive Pretrial Conference
for April 13, 2005 at 9:00 a.m. for 15 minutes before:

The Honorable PETER C. REINSTEIN
Superior Court of Arizona
Old Courthouse
125 W. Washington
Courtroom 303 – 3rd Floor
Phoenix, Arizona 85003
(602) 506-6368

Counsel for Plaintiff shall initiate the conference call.

Counsel for the Plaintiff(s) and Defendant(s) are to meet personally before the Pretrial
Conference to discuss those subjects listed under A.R.C.P., Rule 16(c). Counsel for Plaintiff(s)
and Defendant(s) shall prepare and file a Joint Pretrial Conference Memorandum five judicial
days before the conference addressing all applicable subjects listed under Rule 16(c) 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
clients for failure to participate in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

04/13/2005

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli

Deputy

FILED: 04/15/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

MINUTE ENTRY

9:00 a.m. In chambers. This is the time set for Telephonic Comprehensive Pretrial
Conference. All parties appear telephonically. Plaintiff is represented by counsel, Roger
Wright. Defendant is represented by counsel, Charles Maxwell.

No court reporter is present.

Discussion is held re status of discovery.

IT IS ORDERED vacating Comprehensive Pretrial Conference and resetting same to
May 17, 2005 at 8:30 a.m. in this division.

Counsel for Plaintiff shall initiate the conference call.

Counsel for the Plaintiff(s) and Defendant(s) are to meet personally before the Pretrial
Conference to discuss those subjects listed under A.R.C.P., Rule 16(c). Counsel for Plaintiff(s)
and Defendant(s) shall prepare and file a Joint Pretrial Conference Memorandum five judicial
days before the conference addressing all applicable subjects listed under Rule 16(c) 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

04/13/2005

Docket Code 083
Form V000A
Page 2

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
clients for failure to participate in good faith in the Joint Pretrial Conference Memorandum or the
Pretrial Conference.

9:07 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

05/17/2005

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli

Deputy

FILED: 05/19/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

MINUTE ENTRY

8:25 a.m. In chambers. This is the time set for Telephonic Comprehensive Pretrial
Conference. All parties appear telephonically. Plaintiff is represented by counsel, Roger
Wright. Defendant is represented by counsel, Charles Maxwell.

No court reporter is present.

Discussion is held.

IT IS ORDERED Adopting by reference, as an Order of the Court, the Joint Pretrial
Statement. The terms of the memorandum shall govern, unless inconsistent with any provisions
of this minute entry. References to “counsel” shall be read to include unrepresented parties.

All discovery shall be completed no later than July 1, 2005.
All non-expert witnesses shall be disclosed no later than August 15, 2005.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

05/17/2005

Docket Code 089
Form V000A
Page 2

IT IS FURTHER ORDERED setting this matter for a 3-day jury trial for Tuesday,
October 18, 2005.
The Honorable PETER C. REINSTEIN
Maricopa County Superior Court
Old Courthouse
125 W. Washington, Courtroom 303
Phoenix, Arizona 85003
(602) 506-6368

THIS IS A FIRM TRIAL SETTING

Trial days are normally 9:30 a.m. to 4:30 p.m., Tuesday through Friday.

PRETRIAL MOTIONS:

1.
All dispositive motions shall be filed at least 90 days before trial.

2.
Any Motions in Limine shall be filed thirty (30) days before the PTMC.
Motions in Limine may and shall be filed only in accordance with Rule 7.2, Rules
of Civil Procedure (effective December 1, 2004). Prior to filing any Motion in
Limine, the parties must meet and confer. Unless prior written leave of court is
obtained for good cause shown, no party may file more than three (3) Motions in
Limine, including subparts.
3.
All other pretrial motions shall be filed at least 60 days before trial. Motions not
filed in accordance with these deadlines will not be considered.

A Pretrial Management Conference (PTMC) is set for October 6, 2005 at 8:30 a.m. in
this division. Time allotted: 30 minutes.

At the PTMC, counsel who will try the case shall appear and be prepared to discuss and
resolve:

A.
Time limits for voir dire, opening statements, witness examinations and
closing arguments.

B.
Stipulations and objections regarding witnesses and exhibits. If time
permits, the court will rule on objections.

C.
Jury instructions, juror notebooks and verdict forms.

D.
Deposition summaries and excerpts from depositions including objections
thereto.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

05/17/2005

Docket Code 089
Form V000A
Page 3

E.
Scheduling, equipment or interpreter issues.

F.
Status of settlement efforts.

G.
Motions in limine and other pending motions.

H.
Other matters addressed in the updated joint pretrial statement.

A joint pretrial statement (JPTS) is due three judicial days before the trial. The following
shall be filed with the JPTS:

A.
Proposed voir dire questions.

B.
A list to be read to the jury with names of all witnesses who may testify.

C.
A set of agreed-upon jury instructions.

D.
Separate sets of requested instructions that have not been agreed upon.
(Review Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381 (1993) and the
RAJI Civil 3d Statement of Purpose before requesting non-RAJI
instructions.)

E.
Proposed findings of fact and conclusions of law (if a request for same has
been or will be filed).

F.
A stipulated brief summary of the case, which the court can read at the
outset of voir dire.

*** ATTORNEYS AND ASSISTANTS---PLEASE READ NUMBER G CAREFULLY***

G.
All exhibits shall be exchanged 30 days before trial. Counsel shall confer
regarding exhibits so that duplicates are avoided. Counsel or their designated representative
shall call the division clerk at (602) 506-3813 no later than 10:00 a.m. ten days before trial
to make arrangements for marking exhibits and to inform the clerk the number of exhibits
counsel intend to mark for identification prior to trial. The exhibits will be marked serially
with Plaintiff's first, Defendant's second. Counsel shall advise the clerk, by signed stipulation or
on the record, which exhibits may be marked directly into evidence. Original depositions are
provided to the clerk for the record and are not marked as exhibits.

The parties have agreed to schedule a settlement conference through a private mediator
no later than August 30, 2005.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

05/17/2005

Docket Code 089
Form V000A
Page 4

One day’s jury fees will be assessed unless the court is notified of settlement by 2:00 p.m.
on the judicial day before trial.

8:32 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

05/20/2005

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli

Deputy

FILED: 05/24/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

MINUTE ENTRY

The Court having received Defendant’s Request for Clarification Regarding 5/17/05
Minute Entry,

IT IS ORDERED setting Telephonic Status Conference for June 3, 2005 at 8:45 a.m. in
this division.

Counsel for Defendant shall initiate the conference call.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

05/25/2005

Docket Code 002
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli

Deputy

FILED: 05/26/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

MINUTE ENTRY

Pursuant to agreement of the parties,

IT IS ORDERED discovery deadline set forth in the Court’s Minute Entry Order of
May 17, 2005 shall be extended to August 29, 2005.

IT IS FURTHER ORDERED vacating Telephonic Status Conference set for June 3,
2005 at 8:45 a.m.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

06/08/2005

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli

Deputy

FILED: 06/10/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

TELEPHONIC ORAL ARGUMENT SET

The Court having received Plaintiff’s Rule 39 (A) Motion to Permit Taking Depositions,

IT IS ORDERED setting telephonic oral argument for June 29, 2005, at 8:45 a.m.,
before:

The Honorable PETER C. REINSTEIN
Maricopa County Superior Court
Old Courthouse
125 W. Washington, Courtroom 303
Phoenix, Arizona 85003
(602) 506-6368

If counsel cite significant out-of-state case law, the Court will appreciate receiving a copy
of the case law with the Court’s copy of the pleading.

Counsel for Plaintiff shall initiate the conference call.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

06/29/2005

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli

Deputy

FILED: 07/01/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

MINUTE ENTRY

8:42 a.m. In chambers. This is the time set for Telephonic Oral Argument re Plaintiff’s
Rule 30 (A) Motion to Permit Taking Depositions. Plaintiff is represented by counsel, Roger
Wright. Defendant is represented by counsel, Charles Maxwell and Mark Lines.

Court reporter, Judie Bryant is present.

Argument is heard.

IT IS ORDERED Plaintiff shall be limited at this time to taking the depositions of the
following three people:

Janet Davis

Pamela Secord

One other board member of the Association

9:05 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2005-001014

06/29/2005

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE PETER C. REINSTEIN
M. Sahli

Deputy

FILED: 07/01/2005

M C O PROPERTIES L P, et al.
PAUL E GILBERT

v.

NORTH HEIGHTS PROPERTY OWNERS
ASSOCIATION INC
CHARLES E MAXWELL

ORAL ARGUMENT SET

The Court having received Plaintiff’s Motion for Leave to Amend Complaint and
Plaintiff’s Motion for Partial Summary Judgment,

IT IS ORDERED setting oral argument for July 20, 2005, at 8:30 a.m., before:

The Honorable PETER C. REINSTEIN
Maricopa County Superior Court
Old Courthouse
125 W. Washington, Courtroom 303
Phoenix, Arizona 85003
(602) 506-6368

If counsel cite significant out-of-state case law, the Court will appreciate receiving a copy
of the case law with the Court’s copy of the pleading.

Documents