04/29/2005 — CV2005002899 GAINES, SHIRLEY 04/29/2005 HONORABLE ROBERT L. GOTTSFIELD View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
04/29/2005
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
P. Brown
FOR THE HONORABLE ANNA M. BACA
Deputy
FILED: 05/03/2005
SHIRLEY GAINES
JOSEPH W CHARLES
v.
RECREATION CENTERS OF SUN CITY INC
BRANDON A NEWTON
TELEPHONIC ORAL ARGUMENT SET
The Court has received Defendant’s Motion to Dismiss.
IT IS ORDERED setting telephonic oral argument on the Motion on July 5, 2005, at
8:45 a.m. (15 minutes). Counsel for Defendant shall initiate the telephone call to the division,
602-506-1810.
IT IS FURTHER ORDERED:
No agreement by the parties to modify the pleading schedule set for in Rule 56 will be
honored by the Court unless the Court is notified and approves of the parties’ agreement. Any
such agreement will not change the argument date without a court order and will, in any event,
require that all motions are fully briefed and at issue not later than one full week before the
argument day.
Any motion or stipulation for continuance must be filed with the Court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
07/05/2005 — CV2005002899 GAINES, SHIRLEY 07/05/2005 HONORABLE ROBERT L. GOTTSFIELD View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
L. Slaughter/P. Brown
FOR THE HONORABLE ANNA M. BACA
Deputy
FILED: 07/07/2005
SHIRLEY GAINES
JOSEPH W CHARLES
v.
RECREATION CENTERS OF SUN CITY INC
BRANDON A NEWTON
PRETRIAL MANAGEMENT ORDERS
Counsel are directed to carefully review and calendar the following dates. It is the practice of this
division to sanction counsel for failure to comply with these orders, which may include, but is not limited to,
vacating the pretrial management conference, and possibly the trial.
IT IS ORDERED that the Joint Pretrial Statement (JPTS) in accordance with Rule 16(d),
Ariz. R. Civ. P., is due in this division by 5:00 p.m.,
January 3, 2006
which is five (5) judicial days before the Pretrial Management Conference set for January 10,
2006, as scheduled in the trial setting order.
IT IS FURTHER ORDERED with the JPTS, counsel shall deliver to this division, copies
of the following:
A.
A jointly completed time and witness estimate list. The Court will use the list
to predict the length of the trial for the jurors and to direct counsel to follow the
trial time limits established. Any time limitation set will be reasonable
presumptive limits subject to modification upon a showing of good cause.
B.
A joint set of agreed-upon preliminary and final jury instructions. This does
not include Preliminary Civil RAJI or Standard Civil RAJI 1 – 15, which the
Court will be given without request.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 023
Form V000A
Page 2
C.
Separate sets of requested instructions that have not been agreed upon. 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.
D.
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.
E.
Proposed voir dire questions which the Court will give.
F.
In jury trial cases 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.
G.
Juror notebooks. The Court encourages use of juror notebooks in appropriate
cases. Stipulating the contents in evidence is necessary. Key exhibits may be
included, along with diagrams, photographs, timelines, non-argumentative
summaries of positions of liability and damages and other information helpful to
jurors.
H.
Counsel are to identify in/with 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, if any, to such testimony, and
the reasons for such objections, are also to be set forth.
MOTIONS IN LIMINE
Pursuant to Rule 7.2(a) ARCP, counsel shall meet and confer to discuss and identify any
disputed evidentiary issues that are anticipated to be the subject of motions in limine.
The parties are directed to provide the court with a written report of agreements reached
at the conference so that the court can enforce such agreements. At the time of filing any
motions in limine, counsel shall also provide the court notice that counsel have met in
person prior to the filing of said motions in limine.
Motions in limine shall be filed only in accordance with Rule 7.2, Ariz. R. Civ. P.
Motions in limine shall be filed thirty (30) days before the PTMC and such motions must
meet the test of State v. Superior Court, 108 Ariz. 396, 397, 499 P.2d 152 (1972). No
“prophylactic” motions in limine may be filed. A written response to a motion in limine
may be filed no later than ten (10) days thereafter. The Court will rule on the motions in
limine without oral argument. If the Court wishes to hear argument, the argument will be
heard at the PTMC. No replies shall be filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 023
Form V000A
Page 3
Unless prior leave of the Court is obtained for good cause shown, no party may file
more than three (3) motions in limine, including all subparts.
MARKING EXHIBITS
At least five (5) judicial days before the PTMC, the trial lawyer, or knowledgeable
assistant shall appear in this division to present all exhibits to the clerk. The exhibits will be
marked in compliance with “GUIDELINES FOR COUNSEL WHEN PREPARING EXHIBIT
FOR USE IN COURT” (attached hereto).
1. The parties shall advise the division, referring specifically to the pretrial
statement, which exhibits may be marked directly in evidence.
2. Counsel are directed to meet in person to exchange the exhibits before coming to
court. Counsel will make sure that they do not bring to the clerk a set of exhibits
that include duplicate exhibits.
3. Written stipulations to admit specified exhibits in evidence are encouraged.
4. The Court will hear and rule upon objections at the PTMC. The rulings will be
stated on the record, using exhibit numbers. All objections to known exhibits and
witnesses must be made before or during the Pretrial Management Conference or
will be deemed to have been waived.
DEPOSITIONS:
Counsel shall present original depositions for filing at the PTMC.
IT IS FURTHER ORDERED that counsel, at the PTMC, shall be prepared to discuss:
A.
Time limits in voir dire, opening statements, examination of witnesses and
closing arguments.
B.
Stipulations for the foundation and authenticity of exhibits.
C.
Jury instructions (preliminary and final), juror notebooks (Counsel shall bring any
proposed jury notebooks to the conference), mini-opening statements and voir
dire.
D.
Agreed-upon deposition summaries and excerpts from deposition transcripts and
the editing of videotaped depositions.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 023
Form V000A
Page 4
Narrative summaries with brief excerpts of deposition question and answer
testimony are preferred at trial rather than the reading in of pages of testimony.
E.
Use of "short trial" or summary jury trial.
F.
Any special scheduling or equipment issues.
G.
Status of settlement of the case.
COUNSEL WHO WILL BE THE TRIAL LAWYERS ON THE CASE ARE
REQUIRED TO ATTEND THE PRETRIAL MANAGEMENT CONFERENCE.
FAILURE OF TRIAL COUNSEL TO ATTEND THE PRETRIAL MANAGEMENT
CONFERENCE MAY RESULT IN PERSONAL SANCTIONS.
SETTLEMENT
If the case is set for a jury trial 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.
ATTACHED: Time Estimates Form:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 023
Form V000A
Page 5
CAUSE NUMBER _____________________________________
CASE CAPTION ______________________________________
PLAINTIFF'S COUNSEL ________________________________
DEFENDANT'S COUNSEL ______________________________
(NOTE: Add additional lines as needed for additional parties and or
witnesses.)
TIME ESTIMATES FOR TRIAL
Opening Statement and Closing Argument
PLAINTIFF'S OPENING STATEMENT
DEFENDANT'S OPENING
PLAINTIFF'S CLOSING
DEFENDANT'S CLOSING
PLAINTIFF'S REBUTTAL
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 023
Form V000A
Page 6
Estimate of Time for Witness Examination
PLAINITIFF'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 023
Form V000A
Page 7
Estimate of Time for Witness Examination
DEFENDANT'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 023
Form V000A
Page 8
GUIDELINES FOR COUNSEL WHEN PREPARING EXHIBIT FOR USE IN COURT
Exhibits are due to the Court five business days prior to the pretrial management conference.
Counsel are to provide a workable list of exhibits in a format (email or 3 ½” disk) that the clerk
can access to transfer information to the court’s exhibit information system. The list should
include a description of each exhibit. (See blank sample of an exhibit table below as a
reference.) Do not put numbers on the exhibits.
Exhibit Description Information:
The descriptions should be verifiable when viewing the exhibit. Counsel are encouraged to use a
title page on each exhibit. A title page is beneficial because it specifically identifies the
materials for the court and counsel. Do not put an exhibit number on the title page – just the
description of the exhibit, i.e. “Letters to Jones from Smith”.
Examples of a correct description:
Examples of incorrect description
Journal Pages1
Pages from John Jones’ journal1
Photograph2
4 x 6 photograph of victim’s car2
List of dates3
List of dates of meetings between John and
Tony3
1. If it cannot be verified that the journal is John Jones' that information should not be
included in the description.
2. The size of a photograph should not be listed. The photograph should not be described.
3. Unless the document is labeled as “meeting dates between John and Tony” that
information should not be included.
No bates stamp references or number of pages in documents should be used.
If counsel are submitting large charts, blow-ups or maps, please include a small version which
can be marked as the exhibit and can go into the jury if in evidence. The blow-ups, charts and/or
maps can be used as demonstrative but will not be marked as exhibits and will be returned to
counsel.
Please do not submit exhibits in notebooks.
For additional assistance in preparation of exhibits contact the courtroom clerk at 602-506-
8145
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 023
Form V000A
Page 9
Sample of List of Exhibits to be provided to the courtroom clerk:
EXHIBIT LIST
Exhibit
No.
Offered
By
Description
Legal Ground
for Objection
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 023
Form V000A
Page 10
CASE CAPTION:
TIME ESTIMATES
The foregoing are based on the best estimates of counsel of the time reasonably
needed to complete the necessary examination of the witnesses listed.
____________________________________
Counsel for Plaintiff
____________________________________
____________________________________
Counsel for Defendant
____________________________________
07/05/2005 — CV2005002899 GAINES, SHIRLEY 07/05/2005 HONORABLE ROBERT L. GOTTSFIELD View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
L. Slaughter
FOR THE HONORABLE ANNA M. BACA
Deputy
FILED: 07/07/2005
SHIRLEY GAINES
JOSEPH W CHARLES
v.
RECREATION CENTERS OF SUN CITY INC
BRANDON A NEWTON
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
8:46 a.m. This is the time set for oral argument regarding Defendant’s Motion to Dismiss
Plaintiff’s Complaint (on the basis of discrimination, age and sex). The claim under Arizona
Civil Rights Act is barred by Statue of Limitations and the Intentional Infliction of Emotional
Distress claim should be dismissed because it does not rise to a sufficient level to support such a
claim. Counsel for Plaintiff, Joseph W. Charles, is present in the courtroom. Counsel for
Defendant, Brandon A. Newton, appears telephonically.
Tara Kramer, court reporter, is present.
After argument,
IT IS ORDERED as follows:
1.
The parties have stipulated to the dismissal of Plaintiff’s Count Two,
Intentional Infliction of Emotional Distress.
2.
The court denies the Defendant’s Motion to Dismiss Count One
(discrimination under Arizona Civil Rights Act-Sex and Age). By way of
explanation the court permits Plaintiff to refile her action in this court, which
was filed in State Court within eight days of her voluntary dismissal of her
federal action, under A.R.S. § 12-504(A).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 089
Form V000A
Page 2
Moreover, the court permits such refiling under 28 U.S.C. § 1367(d) finding the thirty
day tolling provision applicable to this case. While Defendant argues that the tolling provision
of 28 U.S.C. § 1367(d) only applies after a federal court declines to maintain supplemental
jurisdiction over the state law claim, no case authority is submitted to the court saying this and a
plain reading of § 1367(d) does not lead to that conclusion.
IT IS ORDERED setting a Jury Trial on December 19, 2005, at 9:30 a.m. (3-days)
before:
HONORABLE ANNA M. BACA
SUPERIOR COURT OF ARIZONA
EAST COURT BUILDING
101 WEST JEFFERSON
COURTROOM 811 - 8TH FLOOR
PHOENIX, ARIZONA 85003
602-506-1810
THIS IS A FIRM TRIAL SETTING.
IT IS FURTHER ORDERED setting a Pretrial Management Conference on November 4,
2005 at 9:00 a.m. (45 minutes). The Pretrial Management Conference shall be governed by the
Pretrial Management Orders issued this date.
IT IS FURTHER ORDERED setting the following deadlines:
1. Plaintiff shall disclose experts and opinions not later than September 1, 2005.
2. Defendants shall disclose experts and opinions not later than September 15, 2005.
3. Rebuttal experts and non-expert witnesses shall be disclosed not later than October 1, 2005.
4. This matter is referred 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 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 no later than
November 1, 2005.
The parties shall notify this division in writing of the results no later than five (5) days
after the Settlement Conference. The failure to complete or comply may result in sanctions.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/05/2005
Docket Code 089
Form V000A
Page 3
5. Final Supplemental Disclosure Statement not later than September 19, 2005.
6. Discovery shall be completed not later than October 19, 2005.
No information disclosed after the dates contained in the order may be used at the trial
absent court order on motion and affidavit.
IT IS ORDERED that should any discovery disputes arise, prior to filing discovery
motions, counsel shall MEET AND CONFER pursuant to Rule 37, then telephonically contact
the court to set up a telephonic conference before any motions are filed.
8:55 a.m. Hearing concludes.
07/11/2005 — CV2005002899 GAINES, SHIRLEY 07/11/2005 HONORABLE ROBERT L. GOTTSFIELD View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
07/11/2005
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
L. Slaughter
FOR THE HONORABLE ANNA M. BACA
Deputy
FILED: 07/14/2005
SHIRLEY GAINES
JOSEPH W CHARLES
v.
RECREATION CENTERS OF SUN CITY INC
BRANDON A NEWTON
ORDER NUNC PRO TUNC
Due to the Court’s clerical error, the Court hereby modifies its minute entry of July 5,
2005.
IT IS ORDERED nunc pro tunc amending the July 5, 2005 minute entry to show the due
date of the Joint Pretrial Statement (JPTS) to be October 28, 2005 in place and instead of
January 3, 2006.
IT IS FURTHER ORDERED nunc pro tunc amending the July 5, 2005 minute entry to
show the date of the Pretrial Management Conference to be November 4, 2005 in place and
instead of January 10, 2006.
IT IS FURTHER ORDERED all other terms of the minute entry are affirmed.
09/26/2005 — CV2005002899 GAINES, SHIRLEY 09/26/2005 HONORABLE MICHAEL D. JONES View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
09/26/2005
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
M. L. Smith
Deputy
FILED: 09/28/2005
SHIRLEY GAINES
JOSEPH W CHARLES
v.
RECREATION CENTERS OF SUN CITY INC
BRANDON A NEWTON
PRETRIAL CONFERENCE RESET
Judge Jones being unavailable for hearing on November 4, 2005
IT IS ORDERED resetting Pretrial Trial Management Conference from November 4,
2005 to November 15, 2005 at 9:00 a.m. (Total Time allotted: 15 minutes) before:
HONORABLE MICHAEL D. JONES
SUPERIOR COURT OF ARIZONA
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH STREET
COURTROOM 104
PHOENIX, ARIZONA 85032
602.506.2030
10/19/2005 — CV2005002899 GAINES, SHIRLEY 10/19/2005 HONORABLE MICHAEL D. JONES View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
10/19/2005
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
M. L. Smith
Deputy
FILED: 10/21/2005
SHIRLEY GAINES
JOSEPH W CHARLES
v.
RECREATION CENTERS OF SUN CITY INC
BRANDON A NEWTON
RULING
The Court has received and reviewed Plaintiff’s Request to Transfer Case to the
Northwest Regional Facility. Good cause not appearing,
IT IS ORDERED denying Plaintiff’s Request to Transfer Case to the Northwest Regional
Facility.
IT IS FURTHER ORDERED filing the Order Transferring Case to the Northwest
Regional court of Maricopa County unsigned.
IT IS FURTHER ORDERED affirming trial management conference set November 15,
2005 at 9:00 a.m. and trial date set December 19, 2005 at 9:30 a.m.
11/08/2005 — CV2005002899 GAINES, SHIRLEY 11/08/2005 THE HONORABLE ANNA M. BACA View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
11/08/2005
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
THE HONORABLE ANNA M. BACA
P. Brown
Deputy
FILED: 11/09/2005
SHIRLEY GAINES
JOSEPH W CHARLES
v.
RECREATION CENTERS OF SUN CITY INC
BRANDON A NEWTON
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Michael D. Jones. A Notice of
Change of Judge has been filed by Plaintiff. The case was transferred to the Presiding Civil
Judge for reassignment.
IT IS ORDERED that this case be assigned to Civil Calendar CVJ-11, the Honorable
Robert Houser, for all further proceedings. If any objections to the Notice of Change of Judge
are filed, the noticed judge retains jurisdiction to hear and decide the objections. Any objections
must be filed and a copy delivered to the noticed judge within twenty days of the date of this
order.
cc: Judge Houser
12/19/2005 — CV2005002899 GAINES, SHIRLEY 12/19/2005 HONORABLE ROBERT C. HOUSER View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-002899
12/19/2005
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
R. Tomlinson
Deputy
FILED: 12/21/2005
SHIRLEY GAINES
JOSEPH W CHARLES
v.
RECREATION CENTERS OF SUN CITY INC
BRANDON A NEWTON
J MARK OGDEN
STATUS CONFERENCE SET
The Court having received Plaintiff’s Motion to Extend Time to File Response to
Defendant’s Motion for Summary Judgment and good cause appearing,
IT IS ORDERED granting said Motion all in accordance with formal written Order
signed by the Court on December 15, 2005 and entered (filed) by the Clerk on December 19,
2005.
IT IS FURTHER ORDERED setting a Status Conference in this matter on January 13,
2006 at 11:00 a.m. in this division:
HON. ROBERT HOUSER
Judge of Superior Court of Arizona
Northeast Regional Court Center
18380 N. 40th Street
Courtroom #110
Phoenix, Arizona 85032
(602) 506-5424
