01/04/2008 — CV2006015324 MCDONALD, A MELVIN 01/04/2008 HON. SAM J. MYERS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/07/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
01/04/2008
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. SAM J. MYERS
L. Firriello
Deputy
SIDNEY TANAKA, et al.
STANLEY R LERNER
v.
A MELVIN MCDONALD, et al.
DONALD WILSON JR.
LISA J COUNTERS
MINUTE ENTRY
The Court having received Plaintiffs’ Notice of Settlement,
IT IS ORDERED vacating Telephonic Status Conference set in this matter on January 7,
2008 at 9:15 a.m.
IT IS FURTHER ORDERED placing this matter on the Inactive Calendar for dismissal
on February 4, 2008.
04/02/2007 — CV2006015324 MCDONALD, A MELVIN 04/02/2007 JUDGE ROBERT E. MILES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/09/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
04/02/2007
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
JUDGE ROBERT E. MILES
K. Ballard
Deputy
SIDNEY TANAKA, et al.
STANLEY R LERNER
LISA J COUNTERS
v.
A MELVIN MCDONALD, et al.
DONALD WILSON JR.
PRETRIAL CONFERENCE SET
The Court is in receipt of Plaintiffs’ Motion for Rule 16 Pretrial Conference.
Accordingly,
IT IS ORDERED setting this matter for a telephonic Pretrial Conference on May 7,
2007 at 3:30 p.m.
Plaintiffs’ counsel shall arrange and initiate the conference call to this
division:
Judge ROBERT E. MILES
Maricopa County Superior Court
Old Courthouse
125 W. Washington, Courtroom 303
Phoenix, Arizona 85003
(602) 372-0754
All counsel and any unrepresented parties are to meet personally before the Pretrial
Conference to discuss those subjects listed under A.R.C.P., Rule 16(b) or 16(c) (if a medical
malpractice case). Counsel and/or the parties shall prepare and file a Joint Pretrial Conference
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
04/02/2007
Docket Code 026
Form V000A
Page 2
Memorandum no later than five judicial days before the conference addressing all applicable
subjects listed under Rule 16(b) or 16(c), as applicable. Suggested dates in the memorandum for
disclosure, discovery, etc. shall be stated as dates certain and not, for example, as “___ days
before trial”. In addition, the memorandum shall begin with a brief description of the
nature of the case and the contested issues, as well as 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 advised that generally this Court will not set a trial date until a meaningful
settlement conference, private mediation or other ADR procedure has been completed. The Court
anticipates that, in many if not most cases, the ADR procedure should be conducted before all
discovery has been completed. Prior to the Pretrial Conference, the parties shall discuss what
discovery procedures must occur so that a meaningful ADR procedure can be held.
Counsel are reminded that the Court may impose sanctions against counsel and/or the
parties for failure to participate in good faith in the Joint Pretrial Conference Memorandum or
the Pretrial Conference.
Counsel are advised that the Court is available to discuss, by joint telephone call,
discovery disputes or any other matter that may impact the parties’ ability to resolve this case in
a just, speedy and inexpensive manner. See Rule 1, Ariz. R. Civ. P.
With respect to discovery disputes, counsel are also advised that, as the Court interprets
Civil Rule 37(a)(2)(c), an exchange of correspondence between counsel is not sufficient to
satisfy the “personal consultation” requirement of the Rule, except in extraordinary
circumstances. At a minimum, counsel must speak to each other by telephone to attempt to
resolve the dispute in good faith before involving the Court.
04/06/2007 — CV2006015324 MCDONALD, A MELVIN 04/06/2007 JUDGE ROBERT E. MILES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/10/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
04/06/2007
Docket Code 530
Form V530
Page 1
CLERK OF THE COURT
JUDGE ROBERT E. MILES
K. Ballard
Deputy
SIDNEY TANAKA, et al.
STANLEY R LERNER
v.
A MELVIN MCDONALD, et al.
DONALD WILSON JR.
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 will be available for use on April 16, 2007 and mandatory
e-filing will commence on April 30, 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.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
04/06/2007
Docket Code 530
Form V530
Page 2
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.
05/07/2007 — CV2006015324 MCDONALD, A MELVIN 05/07/2007 JUDGE ROBERT E. MILES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/09/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
05/07/2007
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
JUDGE ROBERT E. MILES
T. Ross
Deputy
SIDNEY TANAKA, et al.
STANLEY R LERNER
v.
A MELVIN MCDONALD, et al.
DONALD WILSON JR.
MINUTE ENTRY
3:59 p.m. In chambers. This is the time set for a telephonic Pretrial Conference.
Plaintiffs are represented by counsel, Stanley R. Lerner. Defendants are represented by counsel,
Donald Wilson Jr.
Court reporter is not present.
Discussion is held regarding discovery issues.
IT IS ORDERED setting a telephonic Status Conference on August 8, 2007 at
4:30 p.m. to decide if the parties need additional time for discovery to prepare for a settlement
conference/mediation in this matter. Plaintiffs’ counsel shall arrange and initiate the conference
call to this division at 602-372-0754.
4:11 p.m. Matter concludes.
08/08/2007 — CV2006015324 MCDONALD, A MELVIN 08/08/2007 JUDGE ROBERT E. MILES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/10/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
08/08/2007
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
JUDGE ROBERT E. MILES
K. Ballard
Deputy
SIDNEY TANAKA, et al.
STANLEY R LERNER
LISA J COUNTERS
v.
A MELVIN MCDONALD, et al.
JOHN W OBERG
STATUS CONFERENCE
4:32 p.m. In chambers: This is the time set for Status Conference. Plaintiffs are
represented (telephonically) by co-counsel, Stanley R. Lerner. Defendants are represented
(telephonically) by counsel, John W. Oberg.
Court reporter is not present.
Discussion is held regarding the status of the case and what discovery needs to be
completed before the parties can participate in a meaningful settlement conference/mediation in
this matter. In that regard, counsel indicate approximately 8-10 depositions will be necessary as
well as the disclosure of Defendants’ experts opinions and rebuttal opinions of Plaintiffs.
Additionally, Defendants’ counsel indicates counsel is still trying to obtain some phone records.
IT IS ORDERED the parties shall use their best efforts to participate in and complete
agreed-upon private mediation no later than December 14, 2007. If the parties desire to use a
court-appointed settlement conference judge, they shall contact this division at the earliest
opportunity.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
08/08/2007
Docket Code 029
Form V000A
Page 2
IT IS FURTHER ORDERED setting a telephonic Status Conference on January 7,
2008 at 9:15 a.m. to discuss the results of the mediation/settlement conference and whether
further settlement efforts are appropriate, and to set a discovery cutoff and a firm trial date, if
appropriate. Plaintiffs’ counsel shall arrange and initiate the conference call to this division at
602-372-0754.
COUNSEL
PARTICIPATING
IN
THE
CONFERENCE
SHALL
BE
KNOWLEDGEABLE ABOUT THE CASE AND ITS STATUS, AND SHALL HAVE
AUTHORITY TO MAKE DECISIONS ABOUT SCHEDULING AND OTHER
MATTERS RELATED TO THE CASE.
4:37 p.m. Matter concludes.
10/03/2007 — CV2006015324 MCDONALD, A MELVIN 10/03/2007 HON. MARK F. ACETO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/05/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
10/03/2007
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
T. Tankersley
Deputy
SIDNEY TANAKA, et al.
STANLEY R LERNER
v.
A MELVIN MCDONALD, et al.
DONALD WILSON JR.
LISA J COUNTERS
D & C MATERIALS-CSC
DOCKET-CIVIL-CCC
EXHIBITS-CCC
FILE ROOM-CSC
JUDGE ROBERT MILES
JUDGE SAM MYERS
CASE TRANSFER
This case is being transferred to another division in the context of an administrative
reallocation of cases.
IT IS ORDERED that this case be reassigned from the Honorable Robert Miles to the
Honorable Sam Myers for all further proceedings.
Pending: Telephonic Status Conference on January 7, 2008 at 9:15 a.m.
10/26/2007 — CV2006015324 MCDONALD, A MELVIN 10/26/2007 HON. SAM J. MYERS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/30/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
10/26/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. SAM J. MYERS
L. Firriello
Deputy
SIDNEY TANAKA, et al.
STANLEY R LERNER
v.
A MELVIN MCDONALD, et al.
JOHN W OBERG
LISA J COUNTERS
MINUTE ENTRY
The Court having received the parties’ Stipulation to Extend Deadlines,
IT IS ORDERED approving said Stipulation all in accordance with the formal written
Order signed by the Court on October 24, 2007 and entered (filed) by the Clerk on October 26,
2007.
IT IS ORDERED affirming Telephonic Status Conference set in this matter on January
7, 2008 at 9:15 a.m. (time allotted: 15 minutes), in this Division.
THE HONORABLE SAM J. MYERS
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
6TH FLOOR, COURTROOM 611
PHOENIX, AZ 85003
602-372-2940 TEL
602-372-8744 FAX
The Court shall initiate the telephone conference call to counsel.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-015324
10/26/2007
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED that in no less than five days prior to the Status
Conference set herein, the parties shall submit a Joint Statement pursuant to ARCP 16(d) and
report to the Court the history and status of the efforts at Alternative Dispute Resolution pursuant
to ARCP Rule 16(g).
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel
are directed to confer pursuant to ARCP 26(g). If such conference is unsuccessful, counsel are
directed to initiate a conference call with this Division BEFORE filing a motion to compel or
motion for protective order.
