01/14/2010 — CV2009010065 OWNERS ASSOCIATION INC, SAGUARO WEST 01/14/2010 HONORABLE EILEEN S. WILLETT View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/19/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
01/14/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EILEEN S. WILLETT
J. Rutledge
Deputy
SAGUARO WEST OWNERS ASSOCIATION
INC
JASON E SMITH
v.
BENNETT WAITES
STEVEN R BEEGHLEY
JOINT PRETRIAL MEMORANDUM
The Court having signed the Stipulated Permanent Injunction Order on January 14, 2010,
IT IS ORDERED vacating the Evidentiary Hearing set on January 15, 2010. The Court
notes that Count II of Plaintiff’s Complaint remains pending, though the parties at page 2, lines
17-21 of the Stipulated Injunction, filed January 7, 2010, indicate an intention to settle this
matter.
IT IS FURTHER ORDERED that the parties shall submit a Joint Pretrial Memorandum
as set forth below.
The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order
prescribed herein. The Court may adopt or modify the discovery and disclosure schedule order
and set a scheduling conference for purposes of setting a trial date. If counsel still believe that a
pretrial conference is still necessary at this stage of the litigation, they should address the reasons
for the need for a pretrial conference in the first paragraph of the Joint Pretrial Memorandum.
If the parties fail to file a timely memorandum, sanctions may issue pursuant to Rule
16(f).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
01/14/2010
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b). Counsel shall prepare and file with the Court by 5:00 p.m. on February 16, 2010, a Joint
Pretrial Memorandum, and prepare a proposed order for Discovery and Disclosure deadlines.
The proposed order shall include dates for the following items and conform substantially with
the attached sample order.
1.
An agreed upon schedule and date for completion of non-expert depositions.
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 the identities subject matters and reports of
expert witnesses, and/or to supplement disclosures made to date.
3.
A date or dates for the initial and final disclosure of all non-expert witnesses,
and/or to supplement disclosures made to date.
4.
A date by which all written discovery will be propounded and concluded.
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 time limits should be
waived.
6.
A proposed date for a Mandatory Settlement Conference pursuant to Rule
16.1. Alternatively, the parties may propose a deadline by which they will
participate in private mediation.
7.
A date for completion of all discovery, including expert discovery.
8.
A date by which all dispositive or partially-dispositive motions shall be filed.
9.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
01/14/2010
Docket Code 023
Form V000A
Page 3
If the parties agree as to the dates, they need to only prepare and submit the proposed
order attached hereto. If counsel are unable to agree on any of the items set forth in the attached
form of order, the reasons for their inability to agree shall be set forth in the Pretrial
Memorandum and each shall prepare a separate proposed order. All proposed deadlines shall
be set forth as calendar dates, and not in the form “XX days before trial.”
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rules of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.
HONORABLE EILEEN S. WILLETT
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
602-506-3343
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
01/14/2010
Docket Code 023
Form V000A
Page 4
[PROPOSED] SCHEDULING ORDER
The Court having received the parties’ Joint Comprehensive Pretrial Conference
Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
(1)
Initial disclosures shall be exchanged by: (MM/DD/YYYY).
(2)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY).
(3)
Plaintiff’s final expert disclosures shall be served by: (MM/DD/YYYY).
Defendant’s final expert disclosures shall be exchanged by: (MM/DD/YYYY).
Rebuttal expert disclosures shall be exchanged by: (MM/DD/YYYY).
(4)
Final Non-expert disclosures shall be exchanged by: (MM/DD/YYYY).
(5)
Written discovery shall be propounded by: (MM/DD/YYYY).
(6)
Dispositive Motions shall be filed by: (MM/DD/YYYY).
(7)
Depositions shall be completed by: (MM/DD/YYYY).
(8)
Discovery shall be completed by: (MM/DD/YYYY).
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY).
(10)
The parties remaining in this action shall participate in comprehensive mediation
by (MM/DD/YYYY).
IT IS ORDERED setting Status Conference in this matter on [counsel to leave this date
blank], (time allotted: 15 minutes), in this Division.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
01/14/2010
Docket Code 023
Form V000A
Page 5
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.
05/07/2009 — CV2009010065 OWNERS ASSOCIATION INC, SAGUARO WEST 05/07/2009 HONORABLE A. CRAIG BLAKEY II View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/15/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
05/07/2009
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
J. Rutledge
Deputy
SAGUARO WEST OWNERS ASSOCIATION
INC
JASON E SMITH
v.
BENNETT WAITES
BENNETT WAITES
4924 E LOREDO LN
CAVE CREEK AZ 85331
HEARING RESET
The Court is receipt of Expedited Motion to Vacate OSC Hearing Scheduled For Friday,
May 1, 2009 at 9:00 a.m. filed on April 30, 2009.
IT IS ORDERED vacating the Order to Show Cause Hearing set for May 1, 2009 and
setting as a Telephonic Status Conference on June 3, 2009 at 9:00 a.m. (allotted time: 15
minutes) in this division.
HONORABLE A. CRAIG BLAKEY, II
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
602-506-7806
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division (602-506-7806) at the scheduled time.
06/03/2009 — CV2009010065 OWNERS ASSOCIATION INC, SAGUARO WEST 06/03/2009 HONORABLE A. CRAIG BLAKEY II View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/08/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
06/03/2009
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE A. CRAIG BLAKEY II
T. Soto
Deputy
SAGUARO WEST OWNERS ASSOCIATION
INC
JASON E SMITH
v.
BENNETT WAITES
BENNETT WAITES
4924 E LOREDO LN
CAVE CREEK AZ 85331
PLACED ON INACTIVE CALENDAR
9:05 a.m. This is the time set for Telephonic Status Conference. Counsel Jason Smith
participates on behalf of Plaintiff. Defendant is not present.
Court reporter, Marylynn LeMoine, is present.
The Court is advised that Plaintiff has had no contact with Defendant.
The Court is further advised that Defendant does have counsel but he has not filed an
appearance in this matter.
Plaintiff’s counsel requests that the matter be placed on the Inactive Calendar.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
06/03/2009
Docket Code 078
Form V000A
Page 2
IT IS ORDERED placing this matter on the inactive calendar for dismissal without further
notice on August 3, 2009 unless prior to said date a judgment is entered or filed, a stipulation of
dismissal is presented, or a motion to set and certificate of readiness is filed.
9:07 a.m. Hearing concludes
11/10/2009 — CV2009010065 OWNERS ASSOCIATION INC, SAGUARO WEST 11/10/2009 HONORABLE EILEEN S. WILLETT View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/16/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
11/10/2009
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EILEEN S. WILLETT
J. Rutledge
Deputy
SAGUARO WEST OWNERS ASSOCIATION
INC
JASON E SMITH
v.
BENNETT WAITES
STEVEN R BEEGHLEY
TELEPHONIC STATUS CONFERENCE SET
The Court has received and reviewed Plaintiff’s Request to Schedule Consolidated
Evidentiary Hearing on Injunction Request, filed September 10, 2009.
IT IS ORDERED setting a Telephonic Status Conference on November 19, 2009 at
10:00 a.m. (allotted time: 15 minutes) in this division, at which time an evidentiary hearing
will be set. Plaintiff’s counsel is directed to initiate the conference call into this Division at (602)
506-3343 on the date and time set herein.
HONORABLE EILEEN S. WILLETT
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
602-506-3343
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
11/10/2009
Docket Code 028
Form V000A
Page 2
NOTE: Any party may request the presence of a court reporter by contacting the
division three (3) court business days before the scheduled hearing.
To ensure a record of your proceeding, you must request the presence of my court
reporter by contacting the division or placing your request in writing on a pleading filed
with the Court.
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.
11/19/2009 — CV2009010065 OWNERS ASSOCIATION INC, SAGUARO WEST 11/19/2009 HONORABLE EILEEN S. WILLETT View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/23/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
11/19/2009
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EILEEN S. WILLETT
J. Rutledge
Deputy
SAGUARO WEST OWNERS ASSOCIATION
INC
JASON E SMITH
v.
BENNETT WAITES
STEVEN R BEEGHLEY
EVIDENTIARY HEARING SET
This matter was set on the Court’s calendar for a Telephonic Status Conference at 10:00
a.m. this date. At the time of the conference, the Court conferred with Mr. Jason E. Smith,
counsel for Plaintiff and Mr. Steven R. Beeghley, counsel for Defendant.
The parties anticipate settling this matter. However, counsel request that the Court set
this matter for a 1-hour hearing 30 to 60 days from today’s date as the Defendant has not
responded to counsel’s request to forward necessary settlement documentation.
IT IS ORDERED setting an Evidentiary Hearing re: Plaintiff’s Request for Preliminary
and Permanent Injunctions as set forth in Plaintiff’s Verified Complaint on January 15, 2010 at
10:00 a.m. (time allotted: 1 hour), in this Division.
IT IS FURTHER ORDERED continuing this matter on the inactive calendar until the
time of the hearing set above.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
11/19/2009
Docket Code 084
Form V000A
Page 2
HONORABLE EILEEN WILLETT
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
602-506-3343
NOTE: Any party may request the presence of a court reporter by contacting the
division three (3) court business days before the scheduled hearing.
To ensure a record of your proceeding, you must request the presence of my court
reporter by contacting the division or placing your request in writing on a pleading filed
with the Court.
At least five (5) judicial days before the hearing, the trial lawyers or their
knowledgeable assistants shall appear in this division to present all exhibits. The exhibits will be
marked serially as they are listed in the LIST OF EXHIBITS which will be prepared by counsel.
All exhibits will be clearly marked to correspond with the list provided. Counsel are directed to
meet in person to exchange the exhibits before coming to court. Counsel will make sure that
they do not bring to the clerk a set of exhibits that include duplicate exhibits. Further, counsel
shall stipulate to the admission of all exhibits to which there is no objection and present said
stipulation to the clerk. Counsel shall also present original depositions for filing at that time.
If counsel are submitting large charts, blow-ups or maps, please include a small version
which can be marked as the exhibit. 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.
All exhibits must be submitted with pages secured. Binder clips, rubber bands, and
similar materials will not be accepted. Exhibits with a large number of pages may be bound,
placed in a notebook (1 exhibit per notebook, please), or secured with an ACCO-type fastener.
Please do not submit exhibits for the hearing in a notebook; they must be removed from
the notebook to be marked. This does not include the exhibit being submitted in a notebook
because it has more pages than could be secured by a staple.
Please note that the Court utilizes the Exhibit Tracking System (ETS) for the marking of
exhibits. The exhibits are marked in numerical order per party, making it necessary to mark all
of one party’s exhibits before marking the other party’s. Accordingly, the Defendant’s exhibits
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-010065
11/19/2009
Docket Code 084
Form V000A
Page 3
numbering shall start at the next number following the last of Plaintiff’s exhibits. (For example,
Plaintiff submits 82 exhibits, which are marked Exhibit 1 through 82. Defendant submits 63
exhibits, which are marked 83 through 145). Please do not combine the parties’ exhibits. Each
side’s exhibits must be submitted separately and in numerical order. Counsel should not reserve
exhibit numbers for all Defendant’s exhibits, all Plaintiff’s exhibits, miscellaneous demonstrative
exhibits, and the like.
