02/14/2007 — CV2006070012 GRAND COMMUNITY ASSOCIATION INC, SUN CITY 02/14/2007 HONORABLE COLLEEN MCNALLY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
02/23/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-070012
02/14/2007
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE COLLEEN MCNALLY
MARIAN K. SMITH
Deputy
ALEXANDER SEPANSKI, et al.
MATHIS BECKER
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN H ISHIKAWA
DOCKET-CIVIL-CCC
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was placed on the Inactive Calendar on December 20, 2006, and set
for dismissal unless specified action was taken before a certain date. The date has
passed and the action has not been taken.
IT IS ORDERED dismissing this case without prejudice for lack of prosecution.
February 22, 2007
/ s / Colleen McNally
____________________
____________________________
Date
HONORABLE COLLEEN McNALLY
Judge of the Superior Court
08/10/2006 — CV2006070012 GRAND COMMUNITY ASSOCIATION INC, SUN CITY 08/10/2006 HONORABLE COLLEEN MCNALLY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/15/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-070012
08/10/2006
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE COLLEEN MCNALLY
MARIAN K. SMITH
Deputy
ALEXANDER SEPANSKI, et al.
MATHIS BECKER
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN H ISHIKAWA
TELEPHONIC COMPREHENSIVE PRETRIAL CONFERENCE SET
Pursuant to Rule 16(c), Arizona Rules of Civil Procedure, and Plaintiff’s Request for
Rule 16 Conference filed on August 8, 2006,
IT IS ORDERED setting a telephonic Comprehensive Pretrial Conference in this
Division on THURSDAY, SEPTEMBER 28, 2006, at 8:45 a.m. (allotted time: 15 minutes).
Plaintiff’s counsel shall initiate the telephonic conference and contact all parties who
will participate and then call this Division at 602-506-5961 at the designated time.
If counsel for all parties feel that significantly more time than that allowed is required
for the Conference, the Court should be notified immediately.
IT IS FURTHER ORDERED that counsel for all parties shall meet personally before
the Comprehensive Pretrial Conference to discuss all matters set forth in Rule 16(c). The
parties shall file and provide this Division with a copy of a Joint Pretrial Memorandum on or
before Monday, September 25, 2006, which addresses the following items:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-070012
08/10/2006
Docket Code 026
Form V000A
Page 2
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 simultaneous disclosure of expert witnesses.
3.
A date or dates for the disclosure of all non-expert witnesses.
4.
The number of additional non-uniform interrogatories requested by each
party and the reasons for the requests.
5.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.
6.
A proposed date for a Mandatory Settlement Conference pursuant to Rule
16.1(a), Arizona Rules of Civil Procedure.
7.
An agreed-upon date for compliance with Rule 16(d), Arizona Rules of Civil
Procedure.
8.
A proposed trial date agreed upon by all counsel.
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 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 Joint Pretrial Memorandum or the
Comprehensive Pretrial Conference.
Counsel are directed to have their trial calendars before them at the time of the
Conference to assist the Court in selecting a trial date.
09/28/2006 — CV2006070012 GRAND COMMUNITY ASSOCIATION INC, SUN CITY 09/28/2006 HONORABLE COLLEEN MCNALLY View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/11/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-070012
09/28/2006
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE COLLEEN MCNALLY
MARIAN K. SMITH
Deputy
ALEXANDER SEPANSKI, et al.
MATHIS BECKER
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN H ISHIKAWA
MINUTE ENTRY
IN CHAMBERS
8:48 a.m. This is the time set for a Pre-Trial Conference to schedule trial in the
pending Complaint filed by Plaintiffs on January 6, 2006. Plaintiffs are represented by
Mathis Becker, and Defendants are represented by John Ishikawa, both appearing
telephonically.
A CD/video recording of this proceeding is made by the JAVS system in lieu of a
court reporter.
Counsel advise the Court that they have selected Leah Pallin-Hill to conduct
private mediation in this case.
Discussion is held regarding the Joint Pretrial Memorandum. By agreement of
counsel, the following changes are made to the discovery deadlines:
•
The deadline for completion of discovery is amended to January 31, 2007.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-070012
09/28/2006
Docket Code 089
Form V000A
Page 2
•
The deadline for disclosure of expert witnesses and their opinions is
amended to December 20, 2006.
The Court hereby adopts the schedule as set forth in the Joint Pretrial
Conference Memorandum with the above changes.
TRIAL SETTING
IT IS ORDERED setting this matter for Jury Trial in this Division on TUESDAY,
MARCH 20, 2007, at 9:00 a.m. before:
The Honorable Colleen McNally
Northwest Regional Court Center – Courtroom 121
Superior Court of Arizona in Maricopa County
14264 West Tierra Buena Lane
Surprise, Arizona 85374
(602) 506-5961
The estimated length of Trial is three (3) days.
IT IS FURTHER ORDERED setting a Pretrial Management Conference on
THURSDAY, MARCH 1, 2007, at 9:00 a.m. The Court has allotted thirty (30) minutes
for said conference.
The purpose of the conference is to hear pending motions in limine and to
discuss various pretrial matters, including objections to deposition testimony, exhibits
and/or witnesses, review proposed voir dire and settle jury instructions. If all counsel
feel significantly more or less time is required for the conference, the Court should be
notified immediately.
Dispositive motions must be filed no later than December 20, 2006. Untimely
motions will be stricken.
IT IS FURTHER ORDERED that the Joint Pretrial Statement in accordance with
Rule 16(d), Arizona Rules of Civil Procedure, proposed voir dire and jury instructions
are all due by 5:00 p.m. two (2) business days before the Pretrial Management
Conference. In addition to the information required by Rule 16(d), counsel are to
identify in the joint pretrial statement all deposition or other transcribed testimony that
may be offered at trial other than for impeachment. The proposed testimony is to be
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-070012
09/28/2006
Docket Code 089
Form V000A
Page 3
identified by reference to page and line numbers. Objections, if any, to such testimony
and the reasons for such objections are also to be set forth.
Based upon the Trial setting, the Court enters the following orders:
1.
No less than two (2) judicial days prior to the Pretrial Management
Conference, counsel (or the parties) shall file:
A.
Requested jury instructions and any voir dire questions
counsel wish the Court to ask.
B.
Any trial memoranda (optional).
2.
Motions in limine shall be filed 20 days prior to the Pretrial
Management Conference and must meet the test of State v. Superior
Court, 108 Ariz. 396, 499 P.2d 152 (1972): “The primary purpose of
a motion in limine is to avoid disclosing to the jury prejudicial matters
which may compel a mistrial”. Written responses to motions in limine
may be filed no later than 10 days prior to the Pretrial Management
Conference.
3.
All exhibits shall be exchanged prior to the Pretrial Management
Conference. Written stipulations to admit specific exhibits in
evidence are encouraged. All known objections to exhibits and
witnesses must be made before or during the Pretrial Management
Conference. All proposed exhibits to be marked for trial shall be
presented to the clerk of the Division directly after the Pretrial
Management Conference.
4.
The Court encourages the use of juror notebooks in appropriate
cases. Stipulating to the contents in evidence is necessary. Key
exhibits may be included along with diagrams, photographs,
timelines, non-argumentative summaries of positions on liability and
damages and other information helpful to jurors.
5.
Opinions of experts fairly sought and revealed in deposition or other
discovery shall not be supplemented at trial.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-070012
09/28/2006
Docket Code 089
Form V000A
Page 4
6.
The witness and exhibit lists in the pretrial statement shall contain no
surprises; any information revealed for the first time on the witness or
exhibit lists will be inadmissible at trial.
7.
Narrative summaries with brief excerpts of deposition question and
answer testimony are preferred at trial rather than the reading in of
pages of testimony or the playing of the videotaped deposition.
8.
Any stipulation to continue trial will be treated as a joint motion.
Local Rule 3.4 provides that “no trial continuance shall be granted
unless there is a showing of good cause.” Accordingly, a trial
continuance will not be granted unless there is a showing of good
cause regardless of whether the parties stipulate to the continuance.
9.
If this matter settles, the parties are to notify the Court immediately as
required by Local Rule 2.10. If the Court is not notified of a
settlement before 2:00 p.m. one judicial day prior to trial, either or
both of the parties shall be responsible for the jury fees pursuant to
Rule 2.6, Local Rules of Practice.
8:51 a.m. Conference concludes.
12/20/2006 — CV2006070012 GRAND COMMUNITY ASSOCIATION INC, SUN CITY 12/20/2006 HONORABLE COLLEEN MCNALLY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/28/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-070012
12/20/2006
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE COLLEEN MCNALLY
L. Glenn
Deputy
ALEXANDER SEPANSKI, et al.
MATHIS BECKER
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN H ISHIKAWA
CASE PLACED ON INACTIVE CALENDAR
The Court has received Defendants’ Notice of Settlement, filed December 15,
2006.
IT IS ORDERED vacating the Pre-Trial Management Conference set for March 1,
2007 and Jury Trial set for March 20, 2007.
IT IS FURTHER ORDERED placing this matter on the Inactive Calendar for
dismissal of all unadjudicated claims and parties on January 30, 2007, without further
notice, unless prior to that date, a Stipulation for Dismissal is presented.
