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Maricopa County Superior Court Case CV2006-013537: public docket details, parties, minute entries, documents, and official source links for Legend Trail Community Association, The.

Case Number

CV2006-013537

County

Maricopa

Caption

Not captured

Filed

9/5/2006

Case Type

Civil

Judge

Warner, Randall

Location

Downtown

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/27/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
02/25/2008
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HON. CAREY SNYDER HYATT
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
ROBERT J BRUNO
JOSEPH A KULA
LAWRENCE A PESHKIN
STATUS CONFERENCE CONTINUED
Courtroom 514-ECB
10:44 a.m. This is the time set for Telephonic Status Conference. Present on conference
telephone: Plaintiff is represented by counsel, David Gage. Defendant Gaiam, Inc., is
represented by counsel, Robert Bruno. Defendant Legend Trail Community Assoc., etc., is
represented by counsel, Lawrence Peshkin. Defendant Duomed is neither present nor
represented by counsel.
Proceedings are recorded on CD (FTR) in lieu of a court reporter.
Case status is discussed. Counsel advise that two of the Defendants, Giam, Inc., and
Duomed have settled with Plaintiff. Further, the remaining parties would like to attempt another
settlement conference with their private mediator to perhaps settle the remaining portion of the
case and request a continuance. The court notes that all discovery has been completed and the
deadlines have passed. Good cause appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
02/25/2008
Docket Code 083
Form V000A
Page 2
IT IS ORDERED continuing the Telephonic Status Conference to Set Trial date set this
date to April 21, 2008, at 9:30 a.m. (15 mins.), in this division, with Plaintiff's counsel to
initiate the telephonic conference on the above-noted date and time: TELEPHONE: (602) 506-
3566.
10:50 a.m. Conference concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/27/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
02/25/2008
Docket Code 078
Form V078A
Page 1
CLERK OF THE COURT
HON. CAREY SNYDER HYATT
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
ROBERT J BRUNO
JOSEPH A KULA
LAWRENCE A PESHKIN
INACTIVE CALENDAR
The court having been advised this case has settled between Plaintiff and two (2) of
the Defendants,
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal as to
Defendants Giam, Inc. and Duomed ONLY on April 25, 2008, without further notice, unless prior
to that date a Judgment is entered, or a Stipulation and Order to Dismiss are presented.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/07/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
03/06/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PAUL J. MCMURDIE
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
- - - -
JEFFREY L SMITH
LAWRENCE A PESHKIN
RULING ON MOTION TO SET
The court has received and reviewed Defendant(s)’ The Legend Trail Defendants’
Request for Rule 16(b) Pretrial Conference.
IT IS ORDERED removing this case from the Inactive Calendar.
The court will not set a trial date until after the parties have completed discovery and
participated in a mandatory settlement conference where the decision maker for each party is
present. Counsel are to submit a Joint Pretrial Memorandum (as ordered below) which the court
will review and thereafter issue a minute entry setting a discovery schedule and time for the
mandatory settlement conference.
IT IS ORDERED that counsel for the Plaintiff(s) and Defendant(s) are to discuss those
subjects listed under A.R.C.P., Rule 16(b); and then prepare and file a Joint Pretrial
Memorandum no later than May 1, 2007, addressing all applicable subjects listed under Rule
16(b). 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 and approximately when
the parties would like to try the case, shall be include in the filed memorandum.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
03/06/2007
Docket Code 023
Form V000A
Page 2
If counsel are unable to agree on any of the items in the Joint Pretrial 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 Memorandum.
IT IS ORDERED that if a party wishes to be heard regarding the scheduling of
discovery or other issues in the Joint Pretrial Memorandum, they may schedule a hearing by
contacting the court’s Judicial Assistant at (602) 372-0765. The request for a hearing must be
made no later than the date the memorandum is filed with the court. No agreement by the parties
to modify the pleading schedule will be honored by the court, unless the court is notified and
approves of the parties’ agreement.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/23/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
04/20/2007
Docket Code 530
Form V530
Page 1
CLERK OF THE COURT
HONORABLE PAUL J. MCMURDIE
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
- - - -
JOSEPH A KULA
LAWRENCE A PESHKIN
COURT ADMIN-CIVIL-ARB DESK
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
DOCKET-CIVIL-CCC
E-FILE CASE MANAGEMENT
FILE ROOM-CSC
FINANCIAL SERVICES-BILLING-CCC
CASE DESIGNATED FOR PARTICIPATION IN THE COURT'S E-FILING
PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2005-091,
IT IS ORDERED that all pleadings in this case be electronically filed.
The electronic filing system is currently available for use in this case. The date for
mandatory e-filing is June 29, 2007. Filing by conventional means may continue until this
mandatory date. ALL FILINGS NOT E-FILED AFTER THE MANDATORY DATE
WILL NOT BE CONSIDERED BY THE DIVISION UNTIL PROPERLY E-FILED.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
04/20/2007
Docket Code 530
Form V530
Page 2
To assist in the transition to e-filing, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the E-Filing system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory e-filing
date. The web site address for training materials is: http://eventures.clerkofcourt.maricopa.gov/
training.asp. The Clerk's Office shall be available for instruction and training as needed.
The e-filing system web site address is https://efiling.clerkofcourt.maricopa.gov. The site
contains supplemental training and other reference materials, including contact names and phone
numbers, to assist with any questions.
Upon the mandatory e-filing date, all attorneys of record shall e-file all pleadings in
accordance with the guidelines set forth in Administrative Order 2005-091. Self-represented
parties or pro per litigants, and other case participants like Mediators, Arbitrators, and Special
Discovery Masters are strongly encouraged to e-file 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 e-filing 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.
Where filing fees may incur on an electronic filing, the filing party will be billed by the
Billing Unit of the Clerk of the Superior Court.
E-Filed 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 Summary 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.
* * *

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
04/20/2007
Docket Code 530
Form V530
Page 3
LET THE RECORD REFLECT that based on normal judicial rotations, on May 29,
2007, this civil calendar will be presided over by the Honorable Carey Hyatt, 5th Floor, East
Court Building, 101 West Jefferson, Phoenix, AZ 85003.
All motions briefed and argued (if necessary) prior to May 29, 2007, will be decided by
Judge Paul McMurdie. Post-trial motions from trials completed by May 29, 2007, will also be
handled by Judge McMurdie.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/24/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
04/20/2007
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PAUL J. MCMURDIE
D. Pluff
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
JOSEPH A KULA
LAWRENCE A PESHKIN
MINUTE ENTRY
LET THE RECORD REFLECT that based on normal judicial rotations, on May 29,
2007, this civil calendar will be presided over by the Honorable Carey Hyatt, 5th Floor, East
Court Building, 101 West Jefferson, Phoenix, AZ 85003.
All motions briefed and argued (if necessary) prior to May 29, 2007, will be decided by
Judge Paul McMurdie. Post-trial motions from trials completed by May 29, 2007, will also be
handled by Judge McMurdie.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/23/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
04/21/2008
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HON. CAREY SNYDER HYATT
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
- - - -
LAWRENCE A PESHKIN
STATUS CONFERENCE CONTINUED
COURTROOM 514-ECB
9:36 a.m. This is the time set for Telephonic Status Conference. Present on conference
telephone: Plaintiff is represented by counsel, David Gage. Defendants Legend Trail, etc., are
represented by counsel, Lawrence Peshkin.
Proceedings are recorded on CD (FTR) in lieu of a court reporter.
Case status is discussed. Counsel advise that several of the parties have settled out and
only the Legend Trail Defendants remain in the case and settlement negotiations are still
ongoing. Apparently discovery was stopped pending the settlement negotiations so therefore,
the remaining parties have filed a Proposed Statement of Deadlines in Advance of This
Telephonic Status Conference to Set Trial Date. In order to give the parties time to conduct
discovery, the court grants a continuance and will set forth the parties’ new discovery deadlines
by copy of this minute entry.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
04/21/2008
Docket Code 083
Form V000A
Page 2
IT IS ORDERED continuing the Telephonic Status Conference set this date to
November 3, 2008, at 10:00 a.m., (15 mins.), in this division, with Plaintiff's counsel to initiate
the telephonic conference on the above-noted date and time: TELEPHONE: (602) 506-3566.
9:42 a.m. Conference concludes.
* * *
LET THE RECORD REFLECT that due to calendar rotation, Judge Jeanne Garcia
will be assigned to this calendar effective Monday, June 23, 2008. Thereafter, all future
proceedings in this case will be heard by Judge Garcia. Unless otherwise notified by Judge
Garcia, the time and date for all scheduled proceedings is confirmed.
* * *
LATER:
NEW SCHEDULING ORDER
IT IS ORDERED approving and adopting the parties’ proposed dates contained in the
Parties’ New Joint Deadlines Memorandum filed April 17, 2008 as the Scheduling Order in this
matter as follows:
(1)
The identities and subject areas of expert testimony shall be disclosed by: May 9,
2008;
(2)
Plaintiff’s final expert disclosures shall be served by: July 11, 2008;
Defendant’s final expert disclosures shall be exchanged by: August 1, 2008;
Rebuttal expert disclosures shall be exchanged by: August 15, 2008;
(3)
Final Non-expert disclosures shall be exchanged by: May 9, 2008;
(4)
Written discovery shall be propounded by: September 12, 2008;
(5)
Dispositive Motions shall be filed by: September 26, 2008;

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
04/21/2008
Docket Code 083
Form V000A
Page 3
IT IS FURTHER ORDERED setting a Scheduling Conference to Set Trial Date for
November 3, 2008, at 10:00 a.m. (15 mins.), before:
HONORABLE JEANNE GARCIA
JUDGE OF THE SUPERIOR COURT
OLD COURTHOUSE
125 W. WASHINGTON, COURTROOM 303
PHOENIX, ARIZONA 85003
(602) 372-0610

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/04/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
05/01/2007
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PAUL J. MCMURDIE
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
ROBERT J BRUNO
JOSEPH A KULA
LAWRENCE A PESHKIN
COMPREHENSIVE PRETRIAL CONFERENCE SET
The court is in receipt of Joint Pretrial Memorandum.
IT IS ORDERED setting a Rule 16 Comprehensive Pretrial Conference for June 25,
2007, at 10:00 a.m. (15 mins.) before:
HONORABLE CAREY HYATT
JUDGE OF THE SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
5TH FLOOR
PHOENIX, AZ 85003
TELEPHONE: (602) 506-3566
No agreement by the parties to modify the pleading schedule will be honored by the
court, unless the court is notified and approves of the parties’ agreement. Any such agreement

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
05/01/2007
Docket Code 026
Form V000A
Page 2
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 date.
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.
E-Courtroom Policies:
The proceeding will take place in the Superior Court’s new “e-courtroom.” A record of
the proceedings may be made by videotape in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may purchase a CD for a cost of $20.00
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,
the court must receive a written request at least 48 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed
without a court reporter.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/06/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
05/05/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. CAREY SNYDER HYATT
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
ROBERT J BRUNO
JOSEPH A KULA
LAWRENCE A PESHKIN
RULING MINUTE ENTRY/
REJECTION
The court has received a copy of the Parties’ Stipulation for Dismissal With Prejudice as
to All Claims Against Defendants Gaiam and Duomed ONLY (not E-Filed).
IT IS ORDERED rejecting the parties’ above-noted motion because counsel have not
followed the court’s instructions regarding the fact that this case was designated an E-File
classification and deadline established for June 29, 2007, and the parties were directed to file
their pleadings accordingly after contacting and establishing an E-File account with the Clerk of
Court.
Counsel are reminded that the parties must “personally consult” to satisfy the
requirements of Rule 37(a)(2)(c) for a good faith effort to resolve discovery disputes.
“Personally consult” means more than an exchange of letters and e-mails. The statements
presented to the court regarding the documents filed herein fail to satisfy that burden. Counsel
are reminded that the court may impose sanctions against counsel and/or their clients for failure
to participate in good faith efforts for resolution of discovery disputes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/14/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
05/10/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PAUL J. MCMURDIE
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
ROBERT J BRUNO
JOSEPH A KULA
LAWRENCE A PESHKIN
CIBER INTERNATIONAL CORP.
77-3 CHI PAM LANE
GOU CHENG LI
LU KANG
TAIWAN, ROC 505
MINUTE ENTRY
The minute entry dated May 1, 2007, not having included the endorsement to the Ciber
International Corporation in Taiwan,
IT IS ORDERED affirming the setting of the Rule 16 Comprehensive Pretrial
Conference set for June 25, 2007, at 10:00 a.m. (15 mins.) before:
HONORABLE CAREY HYATT
JUDGE OF THE SUPERIOR COURT
EAST COURT BUILDING
COURTROOM 514
101 WEST JEFFERSON
PHOENIX, AZ 85003
TELEPHONE: (602) 506-3566

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
05/10/2007
Docket Code 023
Form V000A
Page 2
No agreement by the parties to modify the pleading schedule 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 date.
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.
E-Courtroom Policies:
The proceedings will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings may be made by videotape in lieu of a court reporter. Should you want an unofficial
copy of the proceedings, the parties or counsel may purchase a CD for a cost of $20.
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,
the court must receive a written request at least 48 hours before the commencement of the
proceeding. Failure to timely request a court reporter will be deemed consent to proceed
without a court reporter.
* * *
LET THE RECORD REFLECT that based on normal judicial rotations, on May 29,
2007, this civil calendar will be presided over by the Honorable Carey Hyatt, Courtroom 514,
East Court Building, 101 West Jefferson, Phoenix, AZ 85003.
All motions briefed and argued (if necessary) prior to May 29, 2007, will be decided by
Judge Paul McMurdie. Post-trial motions from trials completed by May 29, 2007, will also be
handled by Judge McMurdie.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/22/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
06/21/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HELENE ABRAMS
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
ROBERT J BRUNO
JOSEPH A KULA
LAWRENCE A PESHKIN
RULING ON MOTION TO SET
The court has received and reviewed Plaintiff’s Motion to Set and Certificate of
Readiness and Defendants Gaiam Inc. and Gaiam International’s Controverting Certificate to
Plaintiff’s Motion to Set and Certificate of Readiness.
IT IS ORDERED removing this case from the Inactive Calendar.
Counsel are to submit a Joint Pretrial Memorandum and Proposed Scheduling Order as
described herein which the court will review. The court may adopt or modify the proposed
schedule and will set a scheduling conference for the purpose of setting a trial date. The court
will not set a trial date until after the parties have completed discovery and participated in a
mandatory settlement conference where the decision maker for each party is present.
IT IS FURTHER ORDERED that counsel for the Plaintiff(s) and Defendant(s) shall
meet personally to discuss those subjects listed under A.R.C.P., Rule 16(b); and then prepare and
file a Joint Pretrial Memorandum and Proposed Scheduling Order no later than September 17,
2007, addressing all applicable subjects listed under Rule 16(b). In addition, a brief description

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
06/21/2007
Docket Code 023
Form V000A
Page 2
of the nature of the case, the issues, and each party’s position with respect to the issues, the
estimated length of the trial and a proposed trial date.
If the parties are unable to agree on any of the items in the Joint Pretrial Memorandum,
the reasons for their inability to agree shall be set forth in the memorandum and each shall
prepare a separate Proposed Scheduling Order. The parties 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 Memorandum. If counsel believe that a Pretrial Conference is still necessary at this
stage of the litigation, they should address the reasons for the need for a Pretrial Conference in
the first paragraph of the Joint Pretrial Memorandum.
If the parties agree as to the scheduling dates, they need only prepare and submit the
Proposed Scheduling Order in the format below. All proposed deadlines shall be set forth as
calendar dates, and not in the form of “XX days before trial.”
[PROPOSED] SCHEDULING ORDER
The court having received the parties’ Joint Comprehensive Pretrial Conference
Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the court:
(1)
Initial disclosures shall be exchanged by: (MM/DD/YYYY)
(2)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(3)
Plaintiff’s final expert disclosures shall be served by: (MM/DD/YYYY)
Defendant’s final expert disclosures shall be exchanged by: (MM/DD/YYYY)
Rebuttal expert disclosures shall be exchanged by: (MM/DD/YYYY)
(4)
Final Non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
Written discovery shall be propounded by: (MM/DD/YYYY)
(6)
Dispositive Motions shall be filed by: (MM/DD/YYYY)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
06/21/2007
Docket Code 023
Form V000A
Page 3
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
Discovery shall be completed by: (MM/DD/YYYY)
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
The parties remaining in this action shall participate in comprehensive
mediation/settlement conference by: (MM/DD/YYYY).
IT IS ORDERED setting a Status Conference in this matter on [counsel to leave this
date blank] _______________________________, (time allotted: 15 min.), before.
HONORABLE CAREY SNYDER HYATT
JUDGE OF THE SUPERIOR COURT
EAST COURT BUILDING
1O1 W. JEFFERSON
5th FLOOR, COURTROOM 514
PHOENIX, AZ 85003
(602) 506-3566 TEL
(602) 506-5873 FAX
E-Courtroom Policies
The proceedings will take place in the Superior court’s “e-courtroom.” A record of the
proceedings may be made by videotape in lieu of a court reporter. Should you want an unofficial
copy of the proceedings, the parties or counsel may purchase a CD for a cost of $20.00.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, (602)
506-7100 or [email protected].
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, the court must
receive a written request at least 48 hours before the commencement of the proceeding.
Failure to timely request a court reporter will be deemed consent to proceed without a
court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
06/21/2007
Docket Code 023
Form V000A
Page 4

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/28/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
06/25/2007
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HON. CAREY SNYDER HYATT
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
ROBERT J BRUNO
CIBER INTERNATIONAL CORP
77-3 CHI PAM LANE
GOU CHENG LI
LU KANG
TAIWAN, ROC 505
JOSEPH A KULA
LAWRENCE A PESHKIN
COMPREHENSIVE PRETRIAL CONFERENCE/
RESET AS STATUS CONFERENCE
9:47 a.m. This is the time set for Rule 16 Comprehensive Pretrial Conference. Plaintiff
is represented by counsel, David Gage. Defendants Gaiam are represented by counsel, Jeffrey L.
Smith, by telephone. Defendants Legend Trail Community Assoc., etc., are represented by
counsel, Lawrence Peshkin. Defendant Duomed is represented by counsel, Suzanne Don
de’Ville.
Proceedings are recorded on CD (FTR) in lieu of a court reporter.
Discussion is held regarding the status of the case and joint pretrial memorandum
submitted by respective counsel.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
06/25/2007
Docket Code 083
Form V000A
Page 2
The court is advised that there has been no service accepted on behalf of Ciber
International and an Application for Default has been filed and entered on May 4, 2007.
Because this case is still in the beginning stages of discovery and there needs to be a
schedule for disclosure of expert witnesses and destructive testing,
IT IS ORDERED resetting the PTC as a Status Conference for October 29, 2007, at
10:00 a.m. (15 mins.), before Judge Carey Snyder Hyatt, East Court Building, Courtroom
#514, 101 West Jefferson, Phoenix, AZ 85003.
IT IS FURTHER ORDERED listing the following Discovery/Disclosure dates only:
A.
Expert Witnesses (alternating disclosure): Plaintiff(s) shall designate by
name, subject matter, address, resume and opinions of all trial experts by
June 30, 2007. Defendant(s) shall designate by name, subject matter,
address, resume and opinions all trial experts by August 30, 2007.
Agreement Regarding Protocol for Evaluation of Product and Destructive
Testing shall be designated by September 28, 2007.
B.
Non-Expert Witnesses (simultaneous disclosure): Shall be designated by
August 30, 2007.
IT IS FURTHER ORDERED striking minute entry dated June 21, 2007, in its entirety in
this matter, which lists Judge Helene Abrams’ name in the header; said minute entry having been
issued in error.
10:13 a.m. Conference concludes.
E-Courtroom Policies
The proceedings will take place in the Superior court’s “e-courtroom.” A record of the
proceedings may be made by videotape in lieu of a court reporter. Should you want an unofficial
copy of the proceedings, the parties or counsel may purchase a CD for a cost of $20.00.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, (602)
506-7100 or [email protected].

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
06/25/2007
Docket Code 083
Form V000A
Page 3
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, the court must
receive a written request at least 48 hours before the commencement of the proceeding.
Failure to timely request a court reporter will be deemed consent to proceed without a
court reporter.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/11/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
08/08/2008
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JEANNE GARCIA
K. Ballard
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
LEGEND TRAIL COMMUNITY
ASSOCIATION, THE, et al.
LAWRENCE A PESHKIN
INACTIVE CALENDAR
The Court is advised the remaining parties in this matter have reached a settlement.
IT IS ORDERED placing this matter on the inactive calendar for dismissal on
September 8, 2008 without further notice unless prior to that date a proper Judgment is entered
or submitted, a Stipulation for Dismissal and form of order are presented to this division, or other
appropriate filing is submitted.
IT IS FURTHER ORDERED vacating the status/scheduling conference set for
November 3, 2008.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/31/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
10/29/2007
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HON. CAREY SNYDER HYATT
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
GAIAM INC, et al.
ROBERT J BRUNO
JOSEPH A KULA
LAWRENCE A PESHKIN
STATUS CONFERENCE CONTINUED
Courtroom 514-ECB
10:30 a.m. This is the time set for Telephonic Status Conference. Present on conference
telephone: Plaintiff is represented by counsel, David Gage; Defendant Gaiam is represented by
counsel, Robert Bruno; Defendant Legend Trail Community Assoc., etc. is represented by
counsel Lawrence Peshkin, in person; and Defendant Duomed is represented by counsel,
Suzanne Don de’Ville.
Proceedings are recorded on CD (FTR) in lieu of a court reporter.
Case status is discussed. Experts having been disclosed and a number of depositions
have been taken. The parties are all in agreement that they are now ready to conduct a private
mediation; accordingly,
IT IS ORDERED that the parties participate in private mediation and the mediation shall
be arranged by January 31, 2008. The cost of the mediation shall be borne equally by the
parties. A decision maker for each party must participate in the mediation.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
10/29/2007
Docket Code 083
Form V000A
Page 2
IT IS ORDERED continuing the Status Conference set this date to February 25, 2008,
at 10:30 a.m. (15 mins.), in this division, with defense counsel Robert Bruno to initiate the
telephonic conference call on the above-noted date and time: TELEPHONE: (602) 506-3566.
10:11 a.m. Conference concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/05/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-013537
11/03/2008
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JEANNE GARCIA
C.I. Miller
Deputy
ROBERT FORMAN
G DAVID GAGE
v.
LEGEND TRAIL COMMUNITY
ASSOCIATION, THE, et al.
LAWRENCE A PESHKIN
STATUS CONFERENCE VACATED
The Court having signed an Order of Dismissal on September 26, 2008, in this case; and
good cause appearing,
IT IS ORDERED vacating the Status Conference set for today in this Division.

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