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Maricopa County Superior Court Case CV2006-050963: public docket details, parties, minute entries, documents, and official source links for Troon North Association.

Case Number

CV2006-050963

County

Maricopa

Caption

Not captured

Filed

3/29/2006

Case Type

Civil

Judge

Ponce, Adele

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/04/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
01/03/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
M. L. Smith
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
ORAL ARGUMENT SET
The Court has received Defendants’ Motion for Reconsideration and Motion for
Clarification.
IT IS ORDERED Plaintiff’s Response shall be due on January 19, 2007, and Defendants’
Reply shall be due on February 2, 2007.
IT IS FURTHER ORDERED setting oral argument on the above-noted motion on
February 9, 2007, at 9:45 a.m. (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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
01/03/2007
Docket Code 094
Form V000A
Page 2

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/01/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
01/29/2007
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
J. Hill
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
HEARING
Courtroom 104 – NE
9:03 a.m. This is the time set for a Status Conference. Counsel Frederick E. Davidson
appears telephonically on behalf of the Plaintiff. Counsel Stanley R. Lerner appears in person on
behalf of the Defendants.
A record of the proceedings is made by CD/FTR in lieu of a court reporter.
Discussion is held regarding status of the case.
IT IS ORDERED approving and adopting the discovery and disclosure deadlines as set
forth in the Joint Comprehensive Rule 16(b) Pretrial Conference Memorandum, as set forth in
the formal written Order signed by the Court on January 29 2007.
IT IS FURTHER ORDERED setting a telephonic Status Conference on April 3, 2007 at
9:15 a.m.
Counsel for the Plaintiff shall arrange the conference call and then contact this
Division at 602-506-2030.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
01/29/2007
Docket Code 005
Form V000A
Page 2
Discussion is held regarding Defendants’ Motion for Reconsideration and Motion for
Clarification and Plaintiff’s Response to Motion for Reconsideration and Cross-Motion for
Reconsideration.
The Court notes that a minute entry dated January 3, 2007 ordered that Plaintiff’s
Response to Defendants’ Motion be due on January 19, 2007, that Defendants’ Reply be due on
February 2, 2007 and that Oral Argument on said Motion be set for February 9, 2007.
Counsel for the Defendants requests additional time to file a response to Plaintiff’s Cross-
Motion for Reconsideration.
There being no objection from opposing counsel,
IT IS ORDERED allowing Defendant until February 9, 2007 to file a response to
Plaintiff’s Cross-Motion for Reconsideration.
IT IS FURTHER ORDERED allowing Plaintiff until February 16, 2007 to file a reply.
IT IS FURTHER ORDERED vacating Oral Argument on Defendants’ Motion for
Reconsideration and Motion for Clarification set for February 9, 2007, and resetting the same for
February 23, 2007 at 9:00 a.m. (total time allotted: 30 minutes), to be heard in conjunction with
Plaintiff’s Cross-Motion for Reconsideration, before this Court.
9:15 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/28/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
02/23/2007
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
M. L. Smith
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
BRIAN G LESTER
MINUTE ENTRY
NORTHEAST COURTROOM 104
9:08 a.m. This is the time set for oral argument Re: Defendants’ Motion for
Reconsideration and Motion for Clarification, and Plaintiff’s Cross-Motion for Reconsideration.
Plaintiff is represented by counsel, Frederick E. Davidson and Brian G. Lester. Defendant is
represented by counsel, Stanley R. Lerner.
A recording of this proceeding is made by CD (FTR) in lieu of a court reporter.
Oral argument is presented to the Court.
In regard to the request to strike the Affidavit of Eric Gerster,
IT IS ORDERED granting the motion to strike the affidavit of Eric Gerster.
In regard to the Motions for Reconsideration of the Court’s Rulings of November 15,
2006,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
02/23/2007
Docket Code 005
Form V000A
Page 2
IT IS ORDERED denying both Motions for Reconsideration.
IT IS FURTHER ORDERED granting the Motion for Clarification in part.
LET THE RECORD REFLECT it was the Court’s intent to grant partial summary
judgment on the limited issue finding a legal duty under the CC&R’s and the Defendants’ failure
to comply or satisfy the legal duty. Specifically, the Court finds the Defendant had a duty under
the CC&R’s to seek and obtain approval from the Architectural Review Committee of his
house’s paint color – that is, the color itself. The court was not able to find the same duty of the
light reflective value. The court further found the Defendant failed to do this and there was no
reasonable dispute that Defendant failed to do this
In terms of actually finding which of the particular claims or elements of Plaintiff’s case,
this is left to the parties.
The parties are reminded this is only partial summary judgment in this case.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/05/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
04/02/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
T. Ross
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
CASE ON INACTIVE CALENDAR
The Court has received a Notice of Settlement.
IT IS ORDERED accepting the Notice of Settlement and placing this matter on the
Inactive Calendar for dismissal on June 2, 2007, without further notice unless prior to said date a
proper Motion to Set and Certificate of Readiness, a Judgment, a Stipulation to Dismiss, or a proper
Motion to Continue is filed.
IT IS FURTHER ORDERED vacating the status conference set for April 3, 2007.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/13/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
08/10/2007
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
M. L. Smith
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
COURT ADMIN-CIVIL-CCC
MINUTE ENTRY
IT IS ORDERED nunc pro tunc vacating the court’s minute entry dated April 2, 2007,
placing this matter on the inactive calendar for dismissal. This case was dismissed on March 26,
2007.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/16/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
08/15/2006
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
M. L. Smith
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
MINUTE ENTRY
The Court has received Defendants’ Motion for Telephonic Pretrial Conference. Good
cause appearing,
IT IS ORDERED setting a telephonic status conference on October 31, 2006 at 9:15 a.m.
Counsel for Defendants shall initiate the conference call to this division at 602.506.2030.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/06/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
10/05/2006
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
M. L. Smith
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
ORAL ARGUMENT SET
The Court has received Plaintiff’s Motion for Partial Summary Judgment.
IT IS ORDERED setting oral argument on the above-noted motion on December 15,
2006 at 10:00 a.m. (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

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/01/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
10/31/2006
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
M. L. Smith/T. Ross
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
PRETRIAL CONFERENCE RESET
Judge Jones being unavailable for hearing on October 31, 2006,
IT IS ORDERED resetting pretrial conference from October 31, 2006 to December 15,
2006 at 10:00 a.m. 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

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/22/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
11/21/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
M. L. Smith
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
JOINT PRETRIAL MEMORANDUM ORDER
IT IS ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b) A.R.C.P. Counsel shall prepare and file with the Court, by 5:00 p.m. on January 9, 2007, a
Joint Pretrial Memorandum, and prepare a proposed order for Discovery and Disclosure
deadlines, together with copies and postage-paid envelopes for each appearing counsel. The
proposed order shall include dates for the following items.
1. An agreed-upon schedule for completion of 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.
2. A date for the final disclosure of expert witnesses, and/or to supplement disclosures
made to date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
11/21/2006
Docket Code 023
Form V000A
Page 2
3. A date or dates for the final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.
4. The number of additional non-uniform interrogatories requested by each party and the
reasons for the requests. Further, counsel shall set forth any written discovery outstanding and a
date when it will be complete.
5. The position of each counsel on whether the Rule 38.1 A.R.C.P. time limits should be
waived.
6. A proposed completion date for a Mandatory Settlement Conference pursuant to Rule
16.1 A.R.C.P.
7. An agreed-upon date for compliance with Rule 16(D) A.R.C.P.
8. Set forth any discovery disputes to date or Rule 26.1 compliance issues.
IF THE PARTIES AGREE AS TO THE DATES, THEY NEED ONLY PREPARE THE
PROPOSED ORDER AND INCORPORATE IT BY REFERENCE. If counsel are unable to
agree on any of the items of the Pretrial Statement, the reasons for their inability to agree shall be
set forth in the Pretrial Memorandum and each shall prepare a separate proposed order.
IT IS ORDERED that should any discovery disputes arise, prior to filing discovery
motions, counsel shall MEET AND CONFER FACE TO FACE. If counsel are not able to
resolve the dispute,
IT IS FURTHER ORDERED that any discovery motion must be accompanied by a Rule
37(2)(C) certification, to include that counsel have met face to face.
JOINT PRETRIAL MEMORANDUM AND PROPOSED ORDER
If the parties agree to the dates, they should prepare an Order in the form set forth below,
containing the provisions which are applicable to their case. For example, paragraph 1 of the
Order set forth below need not be included in the parties’ proposed Order if the parties intend to
disclose their experts’ identity and opinions at the same time they disclose their experts’ areas of
testimony. Similarly, if the parties agree to simultaneously disclose the identity and opinions of

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
11/21/2006
Docket Code 023
Form V000A
Page 3
their expert witnesses, they need not include in their proposed Order the language set forth in
paragraph 2a. and b., below.
The proposed Order shall include specific dates (“December 5, 2007” is a specific
date. “90 days prior to trial” is a date in reference to a trial date and is not a specific date).
Do not incorporate a firm trial date in the proposed Order.
If counsel are unable to agree on any of the items that are to be included in the Order, the
reasons for their inability to agree shall be set forth in their Pretrial Memorandum and each shall
prepare a separate proposed Order.
PROPOSED ORDER LANGUAGE:
The Court has received and reviewed the parties’ Joint Pretrial Memorandum and
proposed Scheduling Order.
In accordance therewith,
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 2007. [or]
2. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________, 2007.
3. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________, 2007.
4. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2007. [or]
5. Plaintiffs shall disclose the identity and opinions of their expert witnesses by 5:00 p.m.
on ________, 2007.
6. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2007.
7. Any and all discovery requests shall be served by 5:00 p.m. on ________, 2007.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
11/21/2006
Docket Code 023
Form V000A
Page 4
8. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 2007.
[or]
8. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2007.
9. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2007.
10. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2007.
11. All discovery shall be concluded by 5:00 p.m. on ________, 2007.
12. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2007. This Order does not replace the parties’ obligation
to seasonably disclose on an on-going basis under Rule 26.1 as information becomes available.
13. Settlement conference (choose one):
The parties shall participate in private mediation by 5:00 p.m. on ________, 2007;
OR
The parties shall participate in a mandatory Settlement Conference and this matter is
referred to the court's Alternative Dispute Resolution for the appointment of a judge pro tempore
to conduct a settlement conference. Counsel and any "pro per" parties will 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 not later than ________, 2007. The
Office of Alternative Dispute Resolution will not do the scheduling of the settlement conference
so please do not contact that office. If counsel prefer to use a private mediator to conduct the
Settlement Conference, a Stipulation and Order re: Alternative to ADR must be presented to the
Court by 5:00 p.m. on ________, 2007.
14. No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at trial
other than those disclosed in a timely manner, except for good cause shown or written agreement
of the parties.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
11/21/2006
Docket Code 023
Form V000A
Page 5
15. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
________, 2007.
16. A status conference is set for ________, 2007 at ________ _.m. for the purpose of
assigning a trial date if the case has not settled. Counsel are to bring their trial calendars and the
parties must appear in person and cannot appear telephonically for the status conference.
17. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P., then telephonically contact the Court to set
up a telephonic conference to discuss any remaining issues.
18. The dates set forth in this Order are FIRM dates and will not be extended or modified
by this Court absent good cause. Lack of preparation will not ordinarily be considered good
cause.
19. This case is continued on the inactive calendar for dismissal until ____________.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/22/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
11/21/2006
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
M. L. Smith
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
TELEPHONIC RULE 16 SCHEDULING CONFERENCE SET
A Motion to Set and Certificate of Readiness having been received,
IT IS ORDERED setting a telephonic Rule 16 Scheduling Conference pursuant to Rule
16(b), Rules of Civil Procedure, for January 16, 2007, at 9:15 a.m. in this division. Counsel for
Plaintiff shall initiate the conference call to this division at 602.506.2030.
IT IS FURTHER ORDERED counsel for all parties shall personally meet and prepare a
Joint Comprehensive Pretrial Memorandum addressing all subjects set out in Rule 16(b), Rules of
Civil Procedure. The Joint Comprehensive Pretrial Memorandum shall be submitted to the Court
by 5:00 p.m., January 9, 2007.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/18/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
12/15/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
T. Ross
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
BRIAN G LESTER
JOINT PRETRIAL MEMORANDUM ORDER
IT IS ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b) A.R.C.P. Counsel shall prepare and file with the Court, by 5:00 p.m. on January 22, 2007
a Joint Pretrial Memorandum, and prepare a proposed order for Discovery and Disclosure
deadlines. The proposed order shall include dates for the following items.
1. An agreed-upon schedule for completion of 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.
2. A date for the final disclosure of expert witnesses, and/or to supplement disclosures
made to date.
3. A date or dates for the final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
12/15/2006
Docket Code 023
Form V000A
Page 2
4. The number of additional non-uniform interrogatories requested by each party and the
reasons for the requests. Further, counsel shall set forth any written discovery outstanding and a
date when it will be complete.
5. The position of each counsel on whether the Rule 38.1 A.R.C.P. time limits should be
waived.
6. A proposed completion date for a Mandatory Settlement Conference pursuant to Rule
16.1 A.R.C.P.
7. An agreed-upon date for compliance with Rule 16(D) A.R.C.P.
8. Set forth any discovery disputes to date or Rule 26.1 compliance issues.
IF THE PARTIES AGREE AS TO THE DATES, THEY NEED ONLY PREPARE THE
PROPOSED ORDER AND INCORPORATE IT BY REFERENCE. If counsel are unable to
agree on any of the items of the Pretrial Statement, the reasons for their inability to agree shall be
set forth in the Pretrial Memorandum and each shall prepare a separate proposed order.
IT IS ORDERED that should any discovery disputes arise, prior to filing discovery
motions, counsel shall MEET AND CONFER FACE TO FACE. If counsel are not able to
resolve the dispute,
IT IS FURTHER ORDERED that any discovery motion must be accompanied by a Rule
37(2)(C) certification, to include that counsel have met face to face.
JOINT PRETRIAL MEMORANDUM AND PROPOSED ORDER
If the parties agree to the dates, they should prepare an Order in the form set forth below,
containing the provisions which are applicable to their case. For example, paragraph 1 of the
Order set forth below need not be included in the parties’ proposed Order if the parties intend to
disclose their experts’ identity and opinions at the same time they disclose their experts’ areas of
testimony. Similarly, if the parties agree to simultaneously disclose the identity and opinions of
their expert witnesses, they need not include in their proposed Order the language set forth in
paragraph 2a. and b., below.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
12/15/2006
Docket Code 023
Form V000A
Page 3
The proposed Order shall include specific dates (“December 5, 2007” is a specific
date. “90 days prior to trial” is a date in reference to a trial date and is not a specific date).
Do not incorporate a firm trial date in the proposed Order.
If counsel are unable to agree on any of the items that are to be included in the Order, the
reasons for their inability to agree shall be set forth in their Pretrial Memorandum and each shall
prepare a separate proposed Order.
PROPOSED ORDER LANGUAGE:
The Court has received and reviewed the parties’ Joint Pretrial Memorandum and
proposed Scheduling Order.
In accordance therewith,
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 2007. [or]
2. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________, 2007.
3. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________, 2007.
4. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2007. [or]
5. Plaintiffs shall disclose the identity and opinions of their expert witnesses by 5:00 p.m.
on ________, 2007.
6. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2007.
7. Any and all discovery requests shall be served by 5:00 p.m. on ________, 2007.
8. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 2007.
[or]

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
12/15/2006
Docket Code 023
Form V000A
Page 4
8. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2007.
9. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2007.
10. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2007.
11. All discovery shall be concluded by 5:00 p.m. on ________, 2007.
12. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2007. This Order does not replace the parties’ obligation
to seasonably disclose on an on-going basis under Rule 26.1 as information becomes available.
13. Settlement conference (choose one):
The parties shall participate in private mediation by 5:00 p.m. on ________, 2007;
OR
The parties shall participate in a mandatory Settlement Conference and this matter is
referred to the court's Alternative Dispute Resolution for the appointment of a judge pro tempore
to conduct a settlement conference. Counsel and any "pro per" parties will 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 not later than ________, 2007. The
Office of Alternative Dispute Resolution will not do the scheduling of the settlement conference
so please do not contact that office. If counsel prefer to use a private mediator to conduct the
Settlement Conference, a Stipulation and Order re: Alternative to ADR must be presented to the
Court by 5:00 p.m. on ________, 2007.
14. No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at trial
other than those disclosed in a timely manner, except for good cause shown or written agreement
of the parties.
15. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
________, 2007.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
12/15/2006
Docket Code 023
Form V000A
Page 5
16. A status conference is set for ________, 2007 at ________ _.m. for the purpose of
assigning a trial date if the case has not settled. Counsel are to bring their trial calendars and the
parties must appear in person and cannot appear telephonically for the status conference.
17. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P., then telephonically contact the Court to set
up a telephonic conference to discuss any remaining issues.
18. The dates set forth in this Order are FIRM dates and will not be extended or modified
by this Court absent good cause. Lack of preparation will not ordinarily be considered good
cause.
19. This case is continued on the inactive calendar for dismissal until
____________.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/18/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
12/15/2006
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. JONES
T. Ross
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
STEPHEN WILSON, et al.
STANLEY R LERNER
BRIAN G LESTER
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
NORTHEAST COURTROOM 104
10:07 a.m. This is the time set for Oral Argument Re: Plaintiff’s Motion for Partial
Summary Judgment and Rule 16 Scheduling Conference. Plaintiff is represented by counsel,
Frederick E. Davidson and Brian G. Lester. Defendant Stephen Wilson is present and
represented by counsel, Stanley R. Lerner.
A recording of this proceeding is made by CD (FTR) in lieu of a court reporter.
Oral argument is presented to the Court.
IT IS ORDERED denying Motion to Strike the Affidavit of Jim Hunsberger.
IT IS ORDERED granting Partial Summary Judgment on the issue of Defendants’
failure to seek and obtain approval of the paint color from the Architectural Review Committee,
as required by applicable CC&R’s. There are not disputed material facts as to this issue and
Plaintiff is entitled to judgment as a matter of law.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-050963
12/15/2006
Docket Code 005
Form V000A
Page 2
IT IS FURTHER ORDERED granting the Motion for Partial Summary Judgment in that
respect, I will also deny the Cross Motion for Summary Judgment in this case.
IT IS FURTHER ORDERED the parties shall participate in a Mandatory Settlement
Conference. This case is referred to the Court’s Alternative Dispute Resolution for the appointment
of a judge pro tempore to conduct a settlement conference. Counsel and/or the parties will receive a
minute entry from ADR appointing the judge pro tempore. Counsel and any “pro per” parties will
contact the appointed judge pro tempore to arrange the date, time, and location for the settlement
conference. The judge pro tempore is requested to conduct a settlement conference not later than
March 30, 2007. The office of Alternative Dispute Resolution will not do the scheduling of the
settlement conference so please do not contact that office. If counsel prefer to use a private
mediator to conduct the Settlement Conference, a Stipulation and Order re Alternative ADR must
be presented to the Court by no later than 30 days prior to the scheduled settlement conference.
IT IS FURTHER ORDERED that if the parties stipulate to participate in a private
mediation, and that mediation is completed earlier than the settlement conference deadline, they
may petition the court for an accelerated status conference date.
IT IS FURTHER ORDERED setting a telephonic Rule 16 Scheduling Conference pursuant
to Rule 16(b), Rules of Civil Procedure, for January 29, 2007 at 9:00 a.m. in this division. Counsel
for Plaintiff shall initiate the conference call to this division at 602.506.2030.
IT IS FURTHER ORDERED counsel for all parties shall personally meet and prepare a
Joint Comprehensive Pretrial Memorandum addressing all subjects set out in Rule 16(b), Rules of
Civil Procedure. The Joint Comprehensive Pretrial Memorandum shall be submitted to the Court
by 5:00 p.m., January 22, 2007.
10:42 a.m. Hearing concludes.

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