01/11/2007 — CV2006012219 CITY, PHOENIX 01/11/2007 HONORABLE RUTH H. HILLIARD View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/17/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
01/11/2007
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RUTH H. HILLIARD
L. Gilbert
Deputy
PHOENIX CITY
JANIS M HAUG
v.
SOUTHBANK PROPERTY OWNERS
ASSOCIATION, et al.
TIMOTHY H BARNES
CHARLES I KELHOFFER
JOHN W PAULSEN
PRETRIAL STATUS/SCHEDULING CONFERENCE SET
The Court having received and reviewed Plaintiff’s Motion for Rule 16 Scheduling
Conference,
IT IS ORDERED setting a Telephonic Rule 16(b) Pretrial Status/Scheduling Conference
for February 20, 2007 at 8:30 a.m., before Judge Ruth Hilliard, Suite 4C, Fourth Floor, Central
Court Building, 201 West Jefferson, Phoenix, AZ 85003.
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division (602-506-3145) promptly at the scheduled time.
All counsel are directed to meet personally before the scheduling conference to discuss
all of the matters set forth in Rules 16(a) and (b), A.R.C.P. Counsel shall prepare and file with
the Court five working days before the conference, a Joint Pretrial Memorandum in accordance
with Rule 16(a) and (b) and include a proposed trial date agreed upon by all counsel.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
01/11/2007
Docket Code 041
Form V000A
Page 2
Counsel are reminded that the Court will impose sanctions against counsel and/or their
clients for failure to participate in good faith in the preparation of the Pretrial Statement or the
conference.
NOTE: This Court requires a 120 day lead time for the filing of dispositive motions.
02/20/2007 — CV2006012219 CITY, PHOENIX 02/20/2007 HONORABLE RUTH H. HILLIARD View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/26/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
02/20/2007
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RUTH H. HILLIARD
L. Firriello
Deputy
PHOENIX CITY
JANIS M HAUG
v.
SOUTHBANK PROPERTY OWNERS
ASSOCIATION, et al.
TIMOTHY H BARNES
CHARLES I KELHOFFER
JOHN W PAULSEN
TRIAL SETTING MINUTE ENTRY
IN CHAMBERS:
8:40 a.m. This is the time set for Telephonic Rule 16 Comprehensive Pretrial Status
Scheduling Conference. Plaintiff is represented by counsel Janis M. Haug. Defendant
Southbank Property Owners’ Association is represented by counsel Timothy H. Barnes. All
parties appear telephonically.
No court reporter present.
Discussion is held re appraisal of the property and setting a trial date.
The Court adopts and incorporates all other deadlines set forth in the parties’ Joint
Pretrial Memorandum filed February 13, 2007, except as modified by this minute entry.
IT IS ORDERED as follows:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
02/20/2007
Docket Code 089
Form V000A
Page 2
1.
TRIAL DATE: Jury Trial is set on January 14, 2008 at 9:30 a.m., before Judge
Ruth Hilliard, Courtroom 402, Central Court Building, 201 West Jefferson, Phoenix, AZ 85003.
Counsel/parties to be here at 9:15 a.m. Jury selection will begin as soon as the jury panel arrives.
NOTE: Counsel/Parties shall notify the Judicial Assistant of this division of any
scheduled witnesses residing outside of Maricopa County, the State of Arizona or the
United States, no later than 30 days prior to trial.
2.
LENGTH OF TRIAL: Three (3) Days.
3.
JOINT PRETRIAL STATEMENT: A Joint Pretrial Statement, jury
instructions, voir dire for the panel as a whole, and exhibits must be delivered to this division
no later than December 10, 2007. Failure to deliver documents by said date may result in loss
of trial date.
4.
TRIAL MANAGEMENT CONFERENCE: Court and counsel/parties will meet
for a Trial Management Conference, argument on motions in limine and settlement of jury
instructions on December 17, 2007 at 8:30 a.m.
5.
DISPOSITIVE MOTIONS: Although counsel advise the Court that they do not
anticipate filing dispositive motions, the last day to file dispositive motions is September 14, 2007.
This is a firm date and will not be changed without changing the trial date.
6.
MOTIONS IN LIMINE: The last day to file motions in limine is December 3,
2007. Responses are due by December 10, 2007. Late motions for summary judgment or for
dismissal are not motions in limine. See, State v. Superior Court, 108 Ariz. 396, 499 P.2d 152
(1972). Motions in Limine will be ruled on at the Trial Management Conference.
Counsel/parties are to review Rule 7.2 A.R.C.P. and provide an avowal stating compliance with
Rule 7.2.
7.
CUTOFF FOR DISCOVERY: November 2, 2007.
8.
EXCHANGE AND DESIGNATION OF EXHIBITS: Except illustrative
exhibits made during trial, all exhibits are to be exchanged thirty (30) days before the Trial
Management Conference. Counsel/parties are directed to meet and confer regarding exhibits so
that duplicates are avoided. **Trial lawyers or their knowledgeable assistants must contact
the clerk of this division at 602-506-3348, no later than one week prior to the due date for
exhibits, regarding the proper procedures for submitting exhibits to be marked for trial.**
Exhibits shall be delivered to the clerk of this division no later than December 10, 2007.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
02/20/2007
Docket Code 089
Form V000A
Page 3
9.
JUROR NOTEBOOKS:
Jurors use and appreciate tabbed, indexed, juror
notebooks. The contents must be in evidence by stipulation or, for exhibits, by court ruling. Key
exhibits, diagrams, photographs, timelines, non-argumentative summaries of positions on
liability and damages and other information helpful to jurors may be included.
10.
DEPOSITIONS: Jurors prefer narrative summaries, with brief excerpts of
deposition question and answer testimony, to reading many pages of testimony.
11.
SETTLEMENT CONFERENCE:
Counsel/parties advise that the parties are
referring this matter to a private mediator. Said private mediation shall be completed not later
than October 31, 2007. However, if counsel wish to use the services of the court’s ADR Office,
a notice regarding referral to ADR must be filed with the court. Please be advised the ADR
Office requires a minimum 90 days to schedule a settlement conference.
8:50 a.m. Matter concludes.
09/19/2007 — CV2006012219 CITY, PHOENIX 09/19/2007 HONORABLE A. CRAIG BLAKEY II View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/24/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
09/19/2007
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
PHOENIX CITY
JANIS M HAUG
v.
SOUTHBANK PROPERTY OWNERS
ASSOCIATION, et al.
TIMOTHY H BARNES
TELEPHONIC PRETRIAL STATUS/SCHEDULING CONFERENCE SET
The Court has received and reviewed the parties’ Stipulation to Continue Pretrial
Deadlines.
IT IS ORDERED that the parties shall submit a joint pretrial memorandum as set forth
below.
If the parties fail to file a timely memorandum, sanctions may issue pursuant to Rule
16(f).
IT IS ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b). Counsel shall prepare and file with the Court by 5:00 p.m. November 12, 2007, a joint
pretrial memorandum, and prepare a proposed schedule for discovery and disclosure deadlines.
The proposed schedule shall include dates for the following items:
1.
A date for the disclosure of subject areas of expert testimony.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
09/19/2007
Docket Code 041
Form V000A
Page 2
2.
A date for the disclosure of the identities and opinions of expert witnesses (e.g.,
Plaintiff(s) disclosure deadline, Defendant(s) disclosure deadline and Plaintiff(s)
rebuttal experts deadlines, if applicable).
3.
A date for disclosure of all non-expert witnesses.
4.
A date for the completion of all 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.
5.
A date by which all dispositive or partially-dispositive motions shall be filed.
NOTE: All discovery and/or dispositive motions/partially dispositive motions will
be filed as individual and separate pleadings. Counsel shall not file any dispositive
motions as cross-motions or by way of a response or reply to a dispositive motion.
6.
A proposed deadline for a private mediation or mandatory settlement
conference pursuant to Rule 16.1.
7.
The position of each counsel on whether Rule 38.1 time limits should be
waived.
8.
Anticipated length of trial.
If counsel are unable to agree on any of the preceding items, the reasons for their inability
to agree shall be set forth in the pretrial memorandum and each shall prepare a separate proposed
memorandum. All proposed deadlines shall be set forth as calendar dates, and not in the
form “XX days before trial.”
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rules of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.
IT IS FURTHER ORDERED setting a Telephonic Status Conference in this matter on
November 19, 2007 at 10:00 a.m., (time allotted: 15 minutes), in this Division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
09/19/2007
Docket Code 041
Form V000A
Page 3
HONORABLE A. CRAIG BLAKEY, II
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
602-506-7806
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division (602-506-7806) promptly at the scheduled time.
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel
are directed to confer pursuant to A.R.C.P. 26(g) and file a motion to compel or motion for
protective order.
09/23/2008 — CV2006012219 CITY, PHOENIX 09/23/2008 HONORABLE A. CRAIG BLAKEY II View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/26/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
09/23/2008
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
PHOENIX CITY
JANIS M HAUG
v.
SOUTHBANK PROPERTY OWNERS
ASSOCIATION, et al.
TIMOTHY H BARNES
STEVEN B PALMER
MINUTE ENTRY
9:01 a.m. In chambers: This is the time set for Telephonic Status Conference. All
parties appear telephonically. Plaintiff is represented by counsel, Janis M. Haug. Defendant
Southbank Property Owners Association is represented by counsel, Timothy H. Barnes.
Court Reporter, Marylynn LeMoine, is present.
The parties advise the Court that they have reached a settlement in this matter.
Therefore,
IT IS ORDERED placing this matter on the inactive calendar for dismissal without further
notice on November 24, 2008, unless prior to said date a judgment is entered or filed, a
stipulation of dismissal is presented, or a motion to set and certificate of readiness is filed.
9:03 a.m. Matter concludes.
11/13/2007 — CV2006012219 CITY, PHOENIX 11/13/2007 HONORABLE A. CRAIG BLAKEY II View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/19/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
11/13/2007
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
PHOENIX CITY
JANIS M HAUG
v.
SOUTHBANK PROPERTY OWNERS
ASSOCIATION, et al.
TIMOTHY H BARNES
MINUTE ENTRY
On the Court’s own motion,
IT IS ORDERED vacating the trial date of January 14, 2008 and resetting same to
January 15, 2008 at 9:30 a.m.
11/19/2007 — CV2006012219 CITY, PHOENIX 11/19/2007 HONORABLE A. CRAIG BLAKEY II View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/23/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
11/19/2007
Docket Code 081
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
L. Gilbert
Deputy
PHOENIX CITY
JANIS M HAUG
v.
SOUTHBANK PROPERTY OWNERS
ASSOCIATION, et al.
TIMOTHY H BARNES
PRETRIAL STATUS/SCHEDULING CONFERENCE
10:03 a.m. In chambers: This is the time set for Telephonic Pretrial Status/Scheduling
Conference. All parties appear telephonically. Plaintiff is represented by counsel, Christina E.
Koehn. Defendant Southbank Property Owners Association is represented by counsel, Timothy
H. Barnes.
Court reporter, Marylynn LeMoine, is present.
Discussion is held regarding the status of the case.
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
(1)
All expert witnesses and opinions shall be simultaneously disclosed by:
January 31, 2008.
Rebuttal experts shall be disclosed by: April 11, 2008.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
11/19/2007
Docket Code 081
Form V000A
Page 2
(2)
All non-expert witnesses shall be disclosed by: January 31, 2008.
(3)
Discovery shall be completed by: June 13, 2008.
(4)
Dispositive Motions shall be filed by: June 30, 2008.
NOTE: All discovery and/or dispositive motions/partially dispositive motions
will be filed as individual and separate pleadings. Counsel shall not file
any dispositive motions as cross-motions or by way of a response or
reply to a dispositive motion.
(5)
The parties remaining in this action shall participate in comprehensive mediation
or settlement conference by June 30, 2008. If counsel wish to use the services of
the court’s ADR Office, a notice regarding referral to ADR must be filed with the
court. Please be advised the ADR Office requires a minimum 90 days to
schedule a settlement conference.
IT IS FURTHER ORDERED the parties shall file a motion with the Court prior to any
changes in the deadlines set forth this date.
IT IS FURTHER ORDERED setting a Telephonic Status Conference re: Trial Setting on
July 9, 2008 at 9:00 a.m. (time allotted: 15 minutes), in this Division.
HONORABLE A. CRAIG BLAKEY, II
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
602-506-7806
IT IS FURTHER ORDERED that in no less than three days prior to the Status
Conference set herein, the parties shall submit a Joint Status Statement and report to the Court
the history and status of the efforts at Alternative Dispute Resolution pursuant to A.R.C.P. Rule
16(g).
All parties are advised that the Clerk of the Court has converted its case files to an
electronic format and case files are no longer made available to the divisions. Therefore it
is imperative that counsel follow State Rule 5(j)(2) which requires counsel to deliver copies
of all pleadings to this Division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-012219
11/19/2007
Docket Code 081
Form V000A
Page 3
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division (602-506-7806) promptly at the scheduled time.
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel are
directed to confer pursuant to A.R.C.P. 26(g) and file a motion to compel or motion for
protective order.
The Court advises the parties of its relationship with Mr. Verburg, Attorney for the City
of Phoenix.
The parties state no objection to having the Court continue to hear this matter.
IT IS FURTHER ORDERED vacating the Trial Management Conference set for
December 17, 2007 and the trial date of January 15, 2008.
10:15 a.m. Matter concludes.
