02/09/2009 — CV2008051768 ASSOCIATION, REGENCY HOUSE 02/09/2009 HONORABLE EDDWARD BALLINGER, JR. View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/11/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/09/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EDDWARD BALLINGER, JR.
R. Tomlinson
Deputy
402 NOW L L C, et al.
LAWRENCE K LYNDE
v.
REGENCY HOUSE ASSOCIATION
BRIAN W MORGAN
MINUTE ENTRY
The
court
has
reviewed
the
materials
filed
in
connection
with
defendant/counterclaimant/third-party plaintiff Regency House Association’s (“Regency”)
motion to: 1. Dismiss the counterclaim filed against it by Yummy Tummy, LLC (“Yummy”);
2. Strike the response memorandum; and 3. Grant summary disposition. Respondents oppose
dismissal of the Yummy claim.
After review,
IT IS ORDERED denying the motion to strike or for summary disposition.
With respect to the merits of the motion, Regency claims that the lis pendens filed in this
case is validly filed under A.R.S. § 33-420 because it affects a claim to title to the realty
described in its recorded notice and, therefore, the Yummy claim is invalid as a matter of law.
Respondents claim that movants may have Yummy liability because the claim upon
which the lis pendens was filed is legally barred by A.R.S. § 33-1256 (B)(2) and, therefore,
movants have filed a groundless claim under A.R.S. § 33-420.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/09/2009
Docket Code 019
Form V000A
Page 2
The court finds that this is not an instance where a motion to dismiss can resolve the issue
of whether there is a Yummy cause of action. Therefore,
IT IS ORDERED denying the motion to dismiss.
02/10/2009 — CV2008051768 ASSOCIATION, REGENCY HOUSE 02/10/2009 HONORABLE EDDWARD BALLINGER, JR. View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/12/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/10/2009
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EDDWARD BALLINGER, JR.
R. Tomlinson
Deputy
402 NOW L L C, et al.
LAWRENCE K LYNDE
v.
REGENCY HOUSE ASSOCIATION
BRIAN W MORGAN
MARK D ZUKOWSKI
TRIAL SETTING MINUTE ENTRY
ORAL ARGUMENT SET
NORTHEAST COURTROOM 112
9:01 a.m. This is the time set for a Comprehensive Pretrial Conference. All parties
appear telephonically. Appearing on behalf of the Plaintiffs and Third-Party Defendant is
counsel, Lawrence Lynde. Appearing on behalf of Defendant/Counterclaimant Regency House
Assoc. are co-counsel, Brian Morgan and Mark Zukowski.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Court and counsel discuss the status of the case and scheduling matters.
With respect to the parties’ pending cross-motions for summary judgment,
IT IS ORDERED setting Oral Argument on the motions for summary disposition on
March 26, 2009 at 8:30 a.m. (30 minutes allotted) in this division. Counsel are directed to
hand deliver any/all responses and replies to the cross-motions.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/10/2009
Docket Code 089
Form V000A
Page 2
Discussion is held with respect to Defendant/Counterclaimant Regency House Assoc.’s
Motion to Dismiss Counterclaim and request for oral argument.
IT IS ORDERED denying the request for oral argument.
IT IS FURTHER ORDERED denying the motion to dismiss.
IT IS FURTHER ORDERED setting a Three-Day Jury Trial on August 10, 11, and
12, 2009 at 9:30 a.m. before:
HONORABLE EDDWARD P. BALLINGER JR.
SUPERIOR COURT OF ARIZONA
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH STREET
COURTROOM 112
PHOENIX, ARIZONA 85032
602.506.8551
THIS IS A FIRM TRIAL SETTING.
IT IS FURTHER ORDERED setting a telephonic Pretrial Management Conference on
August 3, 2009 at 9:15 a.m. The Pretrial Management Conference shall be governed by the
Pretrial Management Orders issued this date. Counsel for Plaintiff is to initiate the conference
call to this division. The parties and counsel shall not be permitted to participate in
conferences via cell phones.
No information disclosed after the dates contained in the order may be used at the trial
absent court order on motion and affidavit.
IT IS FURTHER ORDERED continuing the matter on the Inactive Calendar through
and including August 31, 2009.
The proceedings will take place in the Superior Court’s new “e-courtroom.” A record of
the proceedings will often, but not always, be made by FTR in lieu of a court reporter. If a court
reporter is required, the Court must receive a written request prior to the Trial Management
Conference set. Failure to timely request a court reporter will be deemed consent to proceed
without a court reporter. Should you want an unofficial copy of the proceedings, the parties or
counsel may request a CD of the proceedings for a $20.00 charge. If a CD is requested, please
obtain a form from the Self Center to request a daily copy of a court hearing or trial proceeding
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/10/2009
Docket Code 089
Form V000A
Page 3
being conducted and pay the applicable fee. Should an official transcript be required, you may
request that the court prepare it. The party ordering the transcript must pay for it.
If the parties are not familiar with the courtroom’s technology, they are encouraged to set
up an appointment with the court’s technology liaison at 602.372.7877.
9:22 a.m. Hearing concludes.
PRETRIAL STATEMENT ORDERS
1. IT IS ORDERED that the Joint Pretrial Statement (JPTS) in accordance with Rule
16(d), A.R.Civ.P., is due in this division by 5:00 p.m., July 27, 2009.
2. IT IS FURTHER ORDERED the Joint Pretrial Statement shall contain the
following:
(A) Stipulations of material fact and law;
(B) Such contested issues of fact and law as counsel can agree are material or applicable;
(C) A separate statement by each party of other issues of fact and law believed by that
party to be material;
(D) A list of witnesses intended to be used by each party during trial. Each party shall
list any objections to a witness and the basis for that objection. No witness shall be used at the
trial other than those listed, except for good cause shown. Witnesses whose testimony will be
received by deposition testimony only will be so indicated;
(E) Each party’s final list of exhibits to be used at trial for any purpose, including
impeachment. Plaintiffs shall deliver copies of all of their exhibits to all parties twenty days
before the final pretrial conference. All other parties shall deliver copies of all their exhibits to
all parties fifteen days before the final pretrial conference. Any exhibit that cannot be
reproduced must be made available for inspection to all parties on or before the deadlines stated
above. Each party shall list any objections to an exhibit and the basis for that objection. No
exhibit shall be used at the trial other than those listed, except for good cause shown. The parties
shall indicate any exhibits which the parties stipulate can be admitted into evidence, such
stipulations being subject to court approval;
(F) A statement by each party indicating any proposed deposition summaries or
designating portions of any deposition testimony to be offered by that party at trial, other than for
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/10/2009
Docket Code 089
Form V000A
Page 4
impeachment purposes. Deposition testimony shall be designated by transcript page and line
numbers. A copy of any proposed deposition summary and written transcript of designated
deposition testimony should be filed with the Joint Pretrial Statement. Each party shall list any
objections to the proposed deposition summaries and designated deposition testimony shall be
used at trial other than that designated or counter-designated or for impeachment purposes;
(G) A brief statement of the case to be read to the jury during voir dire. If the parties
cannot agree on this statement, then each party shall submit a separate statement to the judge
who will decide the contents of the statement to be read to the jury;
(H) Technical equipment needed or interpreters requested;
(I) The number of jurors and alternates agreed upon, whether the alternates may
deliberate, and the number of jurors required to reach a verdict;
(J) Whether any party will invoke Rule 615 of the Arizona Rules of Evidence regarding
exclusion of witnesses from the courtroom; and
(K) A brief description of settlement efforts.
3.
IT IS FURTHER ORDERED at the time of the filing of the joint pretrial
statement, the parties shall file (A) an agreed-upon set of jury instructions, proposed verdict
forms, and voir dire questions and (B) any additional jury instructions, verdict forms, and voir
dire questions requested, but not agreed upon, (C) a statement by each party on how a verbatim
record of the trial will be made (i.e., cd/videotape or court reporter).
4.
IT IS FURTHER ORDERED each party intending to submit a jury notebook to
the jurors shall submit a copy of the notebook to opposing counsel five days before the final
pretrial conference, or if no conference is scheduled, five days before the trial.
5.
IT IS FURTHER ORDERED each party who will be submitting a trial
memorandum shall file such memorandum five days before the final pretrial conference, of if no
conference is scheduled, five days before the trial.
MOTIONS IN LIMINE
Pursuant to Rule 7.2(a) ARCP, counsel shall meet and confer to discuss and identify any
disputed evidentiary issues that are anticipated to be the subject of motions in limine. The
parties are directed to provide the court with a written report of agreements reached at the
conference so that the court can enforce such agreements. At the time of filing any motions in
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/10/2009
Docket Code 089
Form V000A
Page 5
limine, counsel shall also provide the court notice that counsel have met in person prior to the
filing of said motions in limine or the motion(s) may be stricken.
Motions in limine shall be filed only in accordance with Rule 7.2, Ariz. R. Civ. P.
Motions in limine shall be filed thirty (30) days before the PTMC and such motions must meet
the test of State v. Superior Court, 108 Ariz. 396, 397, 499 P.2d 152 (1972). No “prophylactic”
motions in limine may be filed. A written response to a motion in limine may be filed no later
than ten (10) days thereafter. The Court will rule on the motions in limine without oral
argument. If the Court wishes to hear argument, the argument will be heard at the PTMC. No
replies shall be filed.
DISPOSITIVE MOTIONS
All motions, other than motions in limine, shall be filed not later than ninety (90) days
prior to the date set for trial unless otherwise ordered by the court.
Notices of Settlement
In accordance with the provisions of A.R.C.P. 41(a), to be effective, any Notice of
Settlement or Dismissal providing for resolution of one or more pending claims that is filed
after service by the opposing party’s answer or dispositive motion, must be signed by each
affected party (or appropriate counsel) prosecuting or defending against the claim(s)
covered by the Notice. Each filed Notice shall state whether it resolves all pending issues in
the case and constitutes a representation to the Court that the claims subject to the Notice
have been fully resolved with respect to Notice signatories, and that the only further relief
to be sought with respect to such claims is entry of an order that each signatory confirms is
consistent with the agreement that gave rise to filing of the Notice.
ATTACHED: SAMPLE FORMAT FOR TIME ESTIMATE FORM
AND EXHIBIT
PROCEDURES
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/10/2009
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
Estimate of Time for Witness Examination
PLAINITIFF'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/10/2009
Docket Code 089
Form V000A
Page 7
Estimate of Time for Witness Examination
DEFENDANT'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
GUIDELINES FOR COUNSEL WHEN PREPARING EXHIBITS FOR USE IN COURT
COUNSEL PLEASE READ
Exhibits are due to the Court not later than five (5) business days prior to the trial unless
there are more than 100 exhibits in which case they shall be due not later than ten (10) Judicial
days prior to trial.
If Defendant’s exhibits are received prior to Plaintiff’s exhibits, the Clerk may mark
them first with Plaintiff’s exhibits following.
Exhibits will be marked consecutively. If your list refers to an exhibit and it is not
provided at the time of marking, the numbers of all following exhibits will be moved up. The
clerk cannot reserve numbers for exhibits that will be provided at a later date. Exhibits will be
marked as they are received. Do not list “Any and all exhibits listed by ….”
Each multiple page exhibit must be securely fastened together by staple or other
means. NO PAPER CLIPS OR RUBBER BANDS may be used. If Acco fasteners are used
they must be long enough to fasten securely.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/10/2009
Docket Code 089
Form V000A
Page 8
Counsel are to provide a workable list of exhibits. The list should include a description
of each exhibit. (See blank sample of an exhibit table below as a reference.) Do not put
numbers on the exhibits; however a slip sheet with the exhibit number on it should be placed in
front of each exhibit.
Exhibit Description Information:
The descriptions should be verifiable when viewing the first page of the exhibit.
No bates stamp references or number of pages in documents should be used.
If counsel are submitting large charts, blow-ups or maps, please include a small version
which can be marked as the exhibit and can go into the jury if in evidence. The blow-ups, charts
and/or maps can be used as demonstrative but will not be marked as exhibits and will be returned
to counsel.
For additional assistance in preparation of exhibits contact the courtroom clerk at 602-
372-7736.
Sample of List of Exhibits to be provided to the courtroom clerk:
EXHIBIT LIST
Exhibit
No.
Ideniti-
fied By
Description
Stipulated in
Evidence/
Objection
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
02/10/2009
Docket Code 089
Form V000A
Page 9
EXHIBIT LIST
Exhibit
No.
Ideniti-
fied By
Description
Stipulated in
Evidence/
Objection
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
03/26/2009 — CV2008051768 ASSOCIATION, REGENCY HOUSE 03/26/2009 HONORABLE EDDWARD BALLINGER, JR. View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/31/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
03/26/2009
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EDDWARD BALLINGER, JR.
R. Tomlinson
Deputy
402 NOW L L C, et al.
LAWRENCE K LYNDE
v.
REGENCY HOUSE ASSOCIATION
BRIAN W MORGAN
MARK D ZUKOWSKI
INACTIVE CALENDAR
The Court having received Notice of Settlement,
IT IS ORDERED accepting the Notice of Settlement and placing this matter on the
Inactive Calendar for dismissal on April 27, 2009 without further notice unless prior to said date
proper materials resolving this matter are filed.
IT IS FURTHER ORDERED vacating the oral argument previously set for
March 26, 2009, the final pretrial management conference previously set for August 3, 2009, and
the trial previously set for August 10-12, 2009.
05/26/2009 — CV2008051768 ASSOCIATION, REGENCY HOUSE 05/26/2009 HONORABLE EDDWARD BALLINGER, JR. View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/27/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
05/26/2009
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EDDWARD BALLINGER, JR.
R. Tomlinson
Deputy
402 NOW L L C, et al.
LAWRENCE K LYNDE
v.
REGENCY HOUSE ASSOCIATION
BRIAN W MORGAN
MINUTE ENTRY
Pursuant to the Stipulation for Dismissal with prejudice signed by this Court on
May 1, 2009,
IT IS ORDERED deeming Defendant/Counterclaimant Regency House Association’s
Motion to Continue on the Inactive Calendar moot.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
06/27/2008 — CV2008051768 ASSOCIATION, REGENCY HOUSE 06/27/2008 HONORABLE EDDWARD BALLINGER, JR. View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/02/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
06/27/2008
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EDDWARD BALLINGER, JR.
T. Ross
Deputy
402 NOW L L C, et al.
LAWRENCE K LYNDE
v.
REGENCY HOUSE ASSOCIATION
ELISE SAADI
HEARING SET
NORTHEAST COURTROOM 112
8:50 a.m. This is the time set for 15 Minute Return Hearing on Plaintiffs’ Order to Show
Cause Re: Issuance of Temporary Restraining Order and Preliminary Injunction. Plaintiffs are
represented by counsel, Lawrence Lynde. Defendant is neither present nor represented by
counsel. Doug Offerman, representative of 402 Now L.L.C., is present.
Court reporter, Kim Hannan, is present as well as a record of the proceedings being made
by CD/videotape.
The Court has reviewed an affidavit of service of process that establishes service upon
Lynda Erickson, statutory agent for Regency House Association.
8:53 a.m. Elise Saadi, counsel for Defendant, is present.
Discussion is held.
Based upon matters presented to the Court,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
06/27/2008
Docket Code 056
Form V000A
Page 2
IT IS ORDERED that Plaintiff and his social invitees shall be permitted access to the
building and all privileges related to access granted other owners immediately. There shall be no
restrictions on his beneficial use of the property.
IT IS FURTHER ORDERED that Plaintiff’s contractors may enter the premises on
three business days. They shall give at least seventy-two (72) hours prior notice to Defendant of
the days in which access will be requested. They shall be provided the ability during the hours
of 9:00 a.m. and 5:00 p.m. on those days to have use of the service elevators. They shall not use
any elevators other than the service elevators and all construction shall be in accordance with the
restrictions placed on any other unit owner.
LET THE RECORD REFLECT that plumbing and electrical work shall not be
included in the aforementioned order.
Counsel for Defendant requests an evidentiary hearing.
IT IS ORDERED setting an Evidentiary Hearing on preliminary injunctive relief on
August 25, 2008 at 10:45 a.m. (Allotted time: 1 hour) in this division.
Doug Offerman is sworn and testifies.
9:37 a.m. Matter concludes.
08/21/2008 — CV2008051768 ASSOCIATION, REGENCY HOUSE 08/21/2008 HONORABLE EDDWARD BALLINGER, JR. View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/25/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
08/21/2008
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EDDWARD BALLINGER, JR.
R. Tomlinson
Deputy
402 NOW L L C, et al.
LAWRENCE K LYNDE
v.
REGENCY HOUSE ASSOCIATION
BRIAN W MORGAN
ELISE SAADI
MINUTE ENTRY
At the request of and pursuant to the agreement of counsel,
IT IS ORDERED vacating the Evidentiary Hearing previously set for August 25, 2008
and resetting same to November 21, 2008 at 9:00 a.m. (one hour allotted) in this division.
HONORABLE EDDWARD P. BALLINGER JR.
SUPERIOR COURT OF ARIZONA
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH STREET
COURTROOM 112
PHOENIX, ARIZONA 85032
602.506.8551
12/01/2008 — CV2008051768 ASSOCIATION, REGENCY HOUSE 12/01/2008 HONORABLE EDDWARD BALLINGER, JR. View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/03/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
12/01/2008
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EDDWARD BALLINGER, JR.
R. Tomlinson
Deputy
402 NOW L L C, et al.
LAWRENCE K LYNDE
v.
REGENCY HOUSE ASSOCIATION
BRIAN W MORGAN
ELISE SAADI
TELEPHONIC RULE 16 SCHEDULING CONFERENCE SET
On the Court’s own motion,
IT IS ORDERED setting a telephonic Rule 16 Scheduling Conference pursuant to Rule
16(b), Rules of Civil Procedure, for February 10, 2009 at 9:00 a.m. (15 minutes allotted) in this
division. Counsel for Plaintiff shall initiate the conference call to this division at 602.506.8551. The
parties and counsel shall not be permitted to participate in conferences via cell phones.
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
not later than 5:00 p.m., February 3, 2009.
NOTE: The parties are advised this Division does not set a trial date until completion of
mediation either through a Judge pro tem or a private mediator.
JOINT PRETRIAL MEMORANDUM ORDER
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
12/01/2008
Docket Code 041
Form V000A
Page 2
IT IS ORDERED:
All counsel parties 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 a Joint Pretrial Memorandum,
and prepare a proposed order for Discovery and Disclosure deadlines. The proposed order
shall include details and 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.
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. An agreement to waive the Rule 38.1 A.R.C.P. time limits or a statement as to how to
comply with the limits in light of the positions taken by the parties with respect scheduling of
discovery, etc.
6. A proposed completion date for a Mandatory Settlement Conference pursuant to Rule
16.1 A.R.C.P. or for Mediation or Arbitration; and a Certificate of Compliance by counsel and
all parties of the provisions of Rule 16(g)(2) A.R.C.P.
7. A discussion of any discovery disputes to date or Rule 26.1 compliance issues.
NOTE: Please reference the Court’s policy on discovery disputes set forth below.
8. The position of each counsel on the medium and manner of recording a verbatim
record of future proceedings.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
12/01/2008
Docket Code 041
Form V000A
Page 3
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 EITHER FACE TO FACE OR VIA
TELEPHONIC CONFERENCE. If counsel are not able to resolve the dispute, either party may
request an expedited hearing to resolve the dispute(s), which shall be accompanied by a Rule
37(2)(C) certification and a statement of not more than three pages in length setting forth the
problems requiring Court attention.
To aid the parties in their efforts to avoid the need for court intervention in
discovery matters, please note this division’s “discovery philosophy”, which embraces a
liberal view as to what is discoverable (while acknowledging the need, at times, for privacy
protections). If the Court finds that a discovery request is burdensome, it will undertake to
do what counsel should do: determine an equitable method for addressing discovery costs.
Other objections, especially those based upon “relevance”, are viewed skeptically. Those
unable to resolve disputes informally should be aware that monetary or non-monetary
consequences may result if the Court concludes a party or counsel are acting other than in
a spirit of courteous cooperation.
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. [Note: the Court welcomes a call from the deposition so that
the matter may be addressed immediately in accordance with the Court’s discovery
philosophy.] 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 2008-051768
12/01/2008
Docket Code 041
Form V000A
Page 4
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.
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.
The proposed Order shall include specific dates (“December 5, 2009” 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,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
12/01/2008
Docket Code 041
Form V000A
Page 5
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 2009. [or]
2. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________, 2009.
3. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________, 2009.
4. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2009. [or]
5. Plaintiffs shall disclose the identity and opinions of their expert witnesses by 5:00 p.m.
on ________, 2009.
6. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2009.
7. Any and all discovery requests shall be served by 5:00 p.m. on ________, 2009.
8. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 2009.
[or]
8. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2009.
9. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2009.
10. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2009.
11. All discovery shall be concluded by 5:00 p.m. on ________, 2009.
12. All dispositive motions shall be filed and served by 5:00 p.m. on _________, 2009.
13. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2009. This Order does not replace the parties’ obligation
to seasonably disclose on an on-going basis under Rule 26.1 as information becomes available.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-051768
12/01/2008
Docket Code 041
Form V000A
Page 6
14. Settlement conference (choose one):
The parties shall participate in private mediation by 5:00 p.m. on ________, 2009;
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 shall conduct a settlement conference not later than ________, 2009. 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 ________, 2009.
15. 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.
16. A telephonic status conference is set for ________, 2009 at ________ _.m. for the
purpose of assigning a trial date if the case has not settled.
17. 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.
Notices of Settlement
In accordance with the provisions of A.R.C.P. 41(a), to be effective, any Notice of
Settlement or Dismissal providing for resolution of one or more pending claims that is filed after
service by the opposing party’s answer or dispositive motion, must be signed by each affected
party (or appropriate counsel) prosecuting or defending against the claim(s) covered by the
Notice. Each filed Notice shall state whether it resolves all pending issues in the case and
constitutes a representation to the Court that the claims subject to the Notice have been fully
resolved with respect to Notice signatories, and that the only further relief to be sought with
respect to such claims is entry of an order that each signatory confirms is consistent with the
agreement that gave rise to filing of the Notice.
