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Maricopa County Superior Court Case CV2006-051147: public docket details, parties, minute entries, documents, and official source links for Pueblos Of Scottsdale Condominium Association.

Case Number

CV2006-051147

County

Maricopa

Caption

Not captured

Filed

4/26/2006

Case Type

Civil

Judge

Z Unassigned, Z Unassigned

Location

Northeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/11/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
09/07/2007
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
R. Tomlinson
Deputy
VINCENT PAUL HOSTLER, et al.
ANDREW R ALEX
v.
SCOTTSDALE PUEBLOS APARTMENTS G P
INC, et al.
JONATHAN D SCHNEIDER
WILLIAM H DOYLE
TRIAL SETTING ORDER
(WITH PRE-TRIAL MANAGEMENT CONFERENCE)
10:05 a.m. In chambers. This is the time set for a Comprehensive Status Conference.
All parties appear telephonically. Appearing on behalf of the Plaintiffs is Andrew Alex.
Appearing on behalf of the SPA Defendants is Katherine Cooper for Jonathan Schneider.
Appearing on behalf of Defendant Payne is Kenneth Welsh for William Doyle.
Court reporter is not present.
Discussion is held.
THIS IS A TRIAL SETTING ORDER. PLEASE READ CAREFULLY FOR
COMPLIANCE.
IT IS ORDERED setting this matter for a 4-day jury trial commencing on
March 10, 20081 at 9:30 a.m. before:

1 One day’s jury fees will be assessed unless the court is notified of settlement by 2:00 p.m. on
the judicial day before trial.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
09/07/2007
Docket Code 089
Form V000A
Page 2
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
THIS IS A FIRM TRIAL SETTING. A MOTION TO CONTINUE ORDINARILY
WILL NOT BE GRANTED.
Trial days are normally 9:30 a.m. to 4:30 p.m., Monday through Thursday.
IT IS FURTHER ORDERED that all dispositive motions shall be filed not later than
120 days prior to trial so they may be briefed, scheduled, argued and decided prior to trial. All
motions in limine shall be accompanied by written certification that counsel have met and
conferred in accordance to A.R.C.P. 7.2. Motions in limine must meet the test of State v.
Superior Court, 108 Ariz. 39 (1972): “The primary purpose of a motion in limine is to avoid
disclosing to the jury prejudicial matters which may compel a mistrial.” See also Ariz. R. Evid.
103(c). Each side may file one motion in limine not to exceed 15 pages and not containing more
than five separate subjects. Motions not filed in accordance with this order will not be
considered.
IT IS FURTHER ORDERED that the following rules shall apply to all depositions
conducted in this action unless otherwise ordered by the Court:
A. No objections shall be made except as follows:
i.
Object to the form of the question.
ii.
Object, privileged under the [applicable] privilege.
B. No speaking objections shall be allowed. If, but only if, the questioner asks for the
basis of an objection to the form of the question a brief explanation shall be given.
C. If a privilege objection is made, the particular question shall not be answered without
subsequent court order. The deposition shall proceed subject to reconvening if the
court should later overrule the objection. Fees, costs and other sanctions may be
imposed for groundless privilege objections.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
09/07/2007
Docket Code 089
Form V000A
Page 3
D. Attorneys shall not interrupt witnesses. Lengthy compound questions shall be
avoided.
E. The length of any deposition shall not exceed four (4) hours (excluding breaks)
without the agreement of all counsel or a prior order of the court.
F. There shall be no attorney-client conferences between the witness and his/her
attorney while any question is pending. There shall be no such conferences during
the question sessions of the deposition.
G. Unless agreed by all parties, any commenced deposition shall proceed on a business
day until completed unless suspended by any party pursuant to Rule 30(d), Ariz. R.
Civ. P.
IT IS FURTHER ORDERED setting a Final Pretrial Management Conference for
February 29, 2008 at 8:30 a.m. (30 minutes).
At the PTMC, counsel who will try the case shall appear and be prepared to discuss and
resolve where applicable:
A.
Time limits for voir dire, opening statements, witness examinations and
closing arguments. Direct examinations shall not exceed 1 hour in length
without leave of court. Cross-examinations shall not exceed 30 minutes in
length without leave of court. Redirect examinations shall not exceed 15
minutes in length without leave of court. Opening statements shall not
exceed 30 minutes in length per side without leave of court. Closing
arguments shall not exceed 1 hour in length per side without leave of
court. Voir dire shall not exceed 10 minutes per side without leave of
court.
B.
Stipulations and objections regarding witnesses and exhibits. If time
permits, the court will rule on objections.
C.
Jury instructions, juror notebooks (counsel shall bring any proposed juror
notebooks to the conference), mini opening statements, voir dire and
verdict forms.
D.
Agreed-upon deposition summaries and excerpts from depositions
including objections thereto.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
09/07/2007
Docket Code 089
Form V000A
Page 4
E.
Scheduling, equipment or interpreter issues.
F.
Status of settlement efforts.
G.
Motions in limine and other pending motions.
H.
Use of short-trial or summary jury trial.
I.
Other matters addressed in the updated joint pretrial statement.
IT IS FURTHER ORDERED a joint pretrial statement (JPTS) addressing at least all of
the items set forth in Rule 16(d), Ariz. R. Civ. P., shall be filed three (3) judicial days before
the PTMC. The following shall be filed with the JPTS:
A.
Proposed voir dire questions.
B.
A list to be read to the jury with names of all witnesses who may testify.
C.
A set of agreed-upon jury instructions.
D.
Separate sets of requested instructions that have not been agreed upon.
(Review Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381 (1993) and the
Recommended Arizona Jury Instructions (RAJI) Civil 4th “Statement of
Purpose and Approach” before requesting non-RAJI instructions.) RAJI’s
need not be typed and may be requested in the following manner: RAJI
Civil 4th Preliminary—Duty of Jurors or by use of the jury instruction and
verdict request forms contained in RAJI Civil 4th. Non-RAJI instructions
should be typed. Each instruction should cover only one subject.
E.
A stipulated, brief summary of the case, which the court can read at the
outset of voir dire.
F.
Proposed findings of fact and conclusions of law (if a request for findings
has been or will be filed).
G.
All deposition or other transcribed testimony to be used at trial including
Rule 106 additions. The proposed testimony is to be identified by
reference to page and line numbers. Objections, if any, to such testimony
and the grounds for such objections are also to be set forth.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
09/07/2007
Docket Code 089
Form V000A
Page 5
All exhibits shall be exchanged 30 days before trial. Duplicates will not be marked;
therefore counsel shall confer regarding exhibits to avoid any duplication. All objections to
exhibits not set forth in the JPTS shall be deemed waived except for good cause. At least ten
judicial days prior to the Final Pretrial Management Conference, counsel or their
knowledgeable assistants shall call the division clerk at (602) 372-7734 to discuss
procedures for marking exhibits. Original depositions are provided to the clerk for the record
and are not marked as exhibits.
IT IS FURTHER ORDERED all exhibits shall be provided to the division clerk at the
time of the Final Pretrial Management Conference, February 29, 2008.
10:10 a.m. Hearing concludes.
E-Courtroom Policies
Courtroom 110 is an “e-courtroom” and provides state of the art equipment for case
presentation.
The e-courtroom does not have a court reporter present. With this new technology, a
court reporter is likely not required and the parties are encouraged to experience the court’s
digital recording system before requesting a court reporter. CD’s of the proceedings are
available to purchase for viewing and/or transcribing.
If a court reporter is required, the court must receive a separate written request at least 72
hours before the commencement of the proceeding. Failure to timely request a court reporter
will be deemed consent to proceed without a court reporter.
ATTACHED: Time Estimates Form.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
09/07/2007
Docket Code 089
Form V000A
Page 6
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 2006-051147
09/07/2007
Docket Code 089
Form V000A
Page 7
Estimate of Time for Witness Examination
PLAINTIFF'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
09/07/2007
Docket Code 089
Form V000A
Page 8
Estimate of Time for Witness Examination
DEFENDANT'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
09/07/2007
Docket Code 089
Form V000A
Page 9
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
____________________________________

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/31/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
10/26/2006
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
A. Ocanas
Deputy
VINCENT PAUL HOSTLER, et al.
ANDREW R ALEX
v.
SCOTTSDALE PUEBLOS APARTMENTS G P
INC, et al.
JONATHAN D SCHNEIDER
WILLIAM H DOYLE
GERALD T HICKMAN
COMPREHENSIVE PRETRIAL CONFERENCE SETTING
The Court having received Defendant Payne’s Request for Rule 16 Scheduling
Conference,
IT IS ORDERED setting a Comprehensive Pretrial Conference pursuant to Rule 16(b)
of the Arizona Rules of Civil Procedure for December 11, 2006 at 9:00 a.m. in this Division.
The Court has set aside 15 minutes for this Conference. If all counsel/parties feel that
significantly more time is required for the Conference, the Court should be notified immediately.
HONORABLE ROBERT C. HOUSER
JUDGE OF THE SUPERIOR COURT
NORTHEAST REGIONAL COURT CENTER
COURTROOM #110
18380 N. 40th Street
Phoenix, AZ 85032
(602) 506-5424

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
10/26/2006
Docket Code 026
Form V000A
Page 2
IT IS FURTHER ORDERED that counsel for all parties and the parties if
unrepresented shall personally meet and prepare a Joint Pretrial Conference Memorandum
addressing at least all items set forth in Rule 16(b), A.R.C.P. The Joint Pretrial Conference
Memorandum shall be filed with the Court by 5:00 p.m., December 6, 2006.
If counsel are unable to agree on any of the items of the Joint Comprehensive Pretrial
Memorandum, the reasons for their inability to agree shall be set forth in the Pretrial
Memorandum.
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 and filing of the Joint Pretrial
Conference Memorandum.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/13/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
12/11/2006
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
T. Ross
Deputy
VINCENT PAUL HOSTLER, et al.
ANDREW R ALEX
v.
SCOTTSDALE PUEBLOS APARTMENTS G P
INC, et al.
JONATHAN D SCHNEIDER
WILLIAM H DOYLE
CASE CONTINUED ON INACTIVE CALENDAR
STATUS CONFERENCE SET
9:05 a.m. In chambers. This is the time set for a Comprehensive Pretrial Conference.
Appearing telephonically on behalf of the Plaintiffs is Andrew Alex. Appearing telephonically
on behalf of Defendants Scottsdale Pueblos Apartments and Datile Realty Inc. is Jonathan
Schneider. Appearing telephonically on behalf of Defendant Payne is Kenneth Welsh for
William Doyle.
Court reporter is not present.
Discussion is held.
IT IS ORDERED adopting the terms of the parties’ Joint Rule 16 Pretrial Conference
Memorandum to the extent that they do not conflict with the orders stated herein.
IT IS FURTHER ORDERED that the parties shall arrange for and participate in a
Private Mediation to take place not later than August 31, 2007.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
12/11/2006
Docket Code 084
Form V000A
Page 2
IT IS FURTHER ORDERED that the parties and insurance adjusters must personally
attend and participate in a Private Mediation. The Private Mediation must be held and the parties
must participate in good faith even if no settlement is expected.
IT IS FURTHER ORDERED setting a Status Conference on September 7, 2007 at
10:00 a.m. for the purpose of scheduling dates for the final pretrial management conference and
for trial.
Counsel shall take into consideration the following presumptive time limits set forth by
the Court when determining the amount of time required for trial. Direct examinations shall not
exceed 1 hour in length without leave of court. Cross-examinations shall not exceed 30 minutes
in length without leave of court. Redirect examinations shall not exceed 15 minutes in length
without leave of court. Opening statements shall not exceed 30 minutes in length per side
without leave of court. Closing arguments shall not exceed 1 hour in length per side without
leave of court. Voir dire shall not exceed 10 minutes per side without leave of court.
IT IS FURTHER ORDERED continuing this matter on the court’s Inactive Calendar
through and including October 1, 2007.
9:07 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/17/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
12/13/2007
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
R. Tomlinson
Deputy
VINCENT PAUL HOSTLER, et al.
ANDREW R ALEX
v.
SCOTTSDALE PUEBLOS APARTMENTS G P
INC, et al.
JONATHAN D SCHNEIDER
WILLIAM H DOYLE
TELEPHONIC STATUS CONFERENCE SET
IT IS ORDERED setting a Telephonic Status Conference to address the status of the
remaining claims in this matter for January 17, 2008 at 9:00 a.m. This Division’s judicial
assistant shall initiate the conference call. Counsel shall provide the Division with their contact
information not later than 5:00 p.m., January 15, 2008. (602) 506-5424

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/19/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
12/17/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
R. Tomlinson
Deputy
VINCENT PAUL HOSTLER, et al.
ANDREW R ALEX
v.
SCOTTSDALE PUEBLOS APARTMENTS G P
INC, et al.
JONATHAN D SCHNEIDER
WILLIAM H DOYLE
ORDER ENTERED BY COURT
Upon consideration of Defendants/Cross-Claimants’ [sic] Scottsdale Pueblos’ Motion for
Reconsideration of Order Dismissing Defendant/Cross-Defendant Darrell E. Payne with
Prejudice,
IT IS ORDERED that Plaintiffs and Defendant Darrell E. Payne shall file a response to
Defendants/Cross-Claimants’ [sic] Scottsdale Pueblos’ Motion for Reconsideration of Order
Dismissing Defendant/Cross-Defendant Darrell E. Payne with Prejudice within twenty (20) days
of the date of entry of this order.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/24/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051147
12/20/2007
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
T. Ross
Deputy
VINCENT PAUL HOSTLER, et al.
ANDREW R ALEX
v.
SCOTTSDALE PUEBLOS APARTMENTS G P
INC, et al.
JONATHAN D SCHNEIDER
WILLIAM H DOYLE
GERALD T HICKMAN
INACTIVE CALENDAR
The Court having received Notice of Settlement,
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on
January 31, 2008 without further notice unless prior to said date a Judgment is entered or filed
or a Stipulation for Dismissal is presented.
IT IS FURTHER ORDERED vacating the Final Pretrial Conference set for
February 29, 2008 and trial set for March 10, 2008.

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