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Maricopa County Superior Court Case CV2009-011848: public docket details, parties, minute entries, documents, and official source links for Eagle Ridge At Fountain Hills Property Owners Association.

Case Number

CV2009-011848

County

Maricopa

Caption

Not captured

Filed

4/15/2009

Case Type

Civil

Judge

Herrod, Michael

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/26/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
01/22/2010
Docket Code 079
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
FORT MCDOWELL YAVAPAI NATION
JEFFERY M HALL
v.
INTEGRACRETE L L C, et al.
INTEGRACRETE L L C
C/O AZ CORP COMMISSION
1300 W JEFFERSON ST
PHOENIX AZ 85007
R L I INSURANCE COMPANY
CLAIMS DEPT.
P.O. BOX 3961
PEORIA IL 61612-3961
KYLE A ISRAEL
MONTE LEE PLOUGH
29706 N 58TH ST
CAVE CREEK AZ 85331
BEN J HIMMELSTEIN
JAMES P KNELLER
MINUTE ENTRY
The court has received and reviewed the parties’ Stipulation (Motion) for Voluntary
Dismissal with Prejudice – Defendants William H. Frost and Beverly A. Frost, Trustees of the
Frost Family Revocable Trust Dated June 1, 1993 Only and Order thereto.
The parties’ Motion for Voluntary Dismissal with Prejudice – Defendants William H.
Frost and Beverly A. Frost, Trustees of the Frost Family Revocable Trust Dated June 1, 1993
Only is GRANTED, all in accordance with formal written Order signed by the court on
January 7, 2010, and filed with the clerk on January 22, 2010.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
01/22/2010
Docket Code 079
Form V000A
Page 2
Therefore,
IT IS ORDERED dismissing this cause CV2009-011848 as to William H. Frost and
Beverly A. Frost, Trustees of the Frost Family Revocable Trust Dated June 1, 1993 only
with prejudice.

Michael K. Jeanes, Clerk of Court
*** Filed ***
05/05/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
05/04/2010
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
FORT MCDOWELL YAVAPAI NATION
JEFFERY M HALL
v.
INTEGRACRETE L L C, et al.
INTEGRACRETE L L C
1300 W JEFFERSON ST
PHOENIX AZ 85007
MONTE LEE PLOUGH
29706 N 58TH STREET
CAVE CREEK AZ 85331
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE (PARTIAL)
This case was on the Inactive Calendar, as to Integracrete, L.L.C. and Monte Lee Plough
only, for dismissal on February 22, 2010, 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, as to Integracrete, L.L.C. and Monte Lee
Plough only, without prejudice.
/ s / HON. EDWARD O. BURKE
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/07/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
05/05/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
FORT MCDOWELL YAVAPAI NATION
JEFFERY M HALL
v.
INTEGRACRETE L L C, et al.
INTEGRACRETE L L C
1300 W JEFFERSON ST
PHOENIX AZ 85007
MONTE LEE PLOUGH
29706 N 58TH STREET
CAVE CREEK AZ 85331
CORRECTING MINUTE ENTRY
A clerical error having been made,
IT IS ORDERED deleting the minute entry with case number CV2009-011848, dated
May 4, 2010, with docket code 047, in its entirety.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/14/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
08/13/2009
Docket Code 530
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
FORT MCDOWELL YAVAPAI NATION
JEFFERY M HALL
v.
INTEGRACRETE L L C, et al.
INTEGRACRETE L L C
C/O ARIZONA CORP. COMMISSION
1300 W JEFFERSON
PHOENIX AZ 85007
ESTATE HOMES BY MATTINGLY LCC
C/O JAMES MATTINGLY
10615 N 32ND STREET
PHOENIX AZ 85032
WILLIAM H. AND BEVERLY A. FROST
12655 W SAN JUAN COURT
LITCHFIELD PARK AZ 85340
R L I INSURANCE COMPANY
C/O ARIZONA DEPT. OF INSURANCE
2910 N 44TH STREET, #210
PHOENIX AZ 85018
MONTE LEE PLOUGH
29706 N 58TH STREET
CAVE CREEK AZ 85331
JAMES P KNELLER
COURT ADMIN-CIVIL-ARB DESK
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
DOCKET-CIVIL-CCC
E-FILE CASE MANAGEMENT
FILE ROOM-CSC

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
08/13/2009
Docket Code 530
Form V000A
Page 2
CASE DESIGNATED FOR PARTICIPATION IN THE COURT’S E-FILING PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2007-140,
IT IS ORDERED that all pleadings in this case be electronically filed. The electronic
filing system is available for use immediately and mandatory e-filing will commence on

August 27, 2009.
ALL PLEADINGS NOT eFILED WILL NOT BE CONSIDERED BY THE DIVISION
UNTIL PROPERLY eFILED. If service has not yet been completed as to some or all of the
Defendants, it is the Plaintiff's responsibility to forward this minute entry to later appearing parties.
You may now choose to use the Clerk of Court hosted eFiling system, or one of the
Court's qualified eFiling service providers to electronically file your pleadings. Please visit the
following web site for more information on your options for eFiling.
http://www.clerkofcourt.maricopa.gov
To assist in the transition to eFiling, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the eFiling system. All parties and attorneys of record
in this case are strongly encouraged to study this material before the mandatory eFiling date. The
web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp
Additionally, please be sure to review the eFiling Guidelines set forth by Administrative
Order 2007-140 at the following web site address:
https://efiling.clerkofcourt.maricopa.gov/efilingguidelines
Upon the mandatory eFiling date, all attorneys of record shall eFile all pleadings in
accordance with the guidelines set forth in Administrative Order 2007-140. Self-represented parties
or pro per litigants, and other case participants like Mediators, Arbitrators, and Special Discovery
Masters are strongly encouraged to eFile all pleadings. If a self-represented party, or other case
participant chooses to file their pleading in paper, they shall include a notation just under the case
number on the first page of the pleading that the case is an “EFILE CASE”.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
08/13/2009
Docket Code 530
Form V000A
Page 3
The eFiling system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
Where filing fees may incur on an electronic filing, they may be paid by credit card at the
time of filing if the filing party choose to use a qualified eFiling service provider. If the filing party
chooses to use the Clerk of Court's hosted eFiling system, the filing party will be contacted by the
Clerk's Office by phone for credit card payment. If we are unable to process payment by phone, the
filing party will be billed by the Billing Unit of the Clerk of Superior Court.
eFiled Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the Clerk
of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE COURT.
ADDITIONALLY, THE PARTIES SHALL PROVIDE THIS DIVISION WITH HARD COPIES
OF ANY DISPOSITIVE MOTIONS, THE RESPONSES, REPLIES AND ANY FILED
DOCUMENT THAT EXCEEDS 10 PAGES, INCLUDING ANY EXHIBITS AND
ATTACHMENTS.
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summary Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to Defendant's
Motion for Summary Judgment on Negligence." No response to a motion shall contain a separate
motion, except in the case of a cross-motion bearing the same designation.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/24/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-021292
CV 2009-011848
09/18/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JEANNE GARCIA
C.I. Miller
Deputy
WYMAN EXCAVATING INC
JAMES P KNELLER
v.
SYMMETRY HOMES INC, et al.
KYLE A ISRAEL
JUDGE BURKE
RULING MINUTE ENTRY/
PLEADINGS REJECTED
The court has been provided with a copy of the Plaintiff’s and Defendant Wyman
Excavating’s Joint Stipulation to Consolidate Actions filed on August 4, 2009 in cause no.
CV2009-011848.
IT IS ORDERED rejecting the parties’ Joint Stipulation to Consolidate Actions for
failure to comply with Rule 3.1(c)(2), Local Rules of Practice for Maricopa County Superior
Court.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/30/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-021292
CV 2009-011848
09/25/2009
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JEANNE GARCIA
C.I. Miller
Deputy
WYMAN EXCAVATING INC
JAMES P KNELLER
v.
SYMMETRY HOMES INC, et al.
KYLE A ISRAEL
JEFFERY M HALL
JUDGE BURKE
STATUS CONFERENCE CONTINUED
COURTROOM 303-OCH
8:46 a.m. This is the time set for Telephonic Status Conference to address the
consolidation issue raised in the Joint Pretrial Memorandum. Plaintiff is represented by counsel,
James Kneller, by telephone. Defendant Symmetry Homes is represented by counsel, Kyle
Israel, by telephone. Counsel for Fort McDowell Yavapai Nation in CV2009-011848, Jeffrey
M. Hall, is present by telephone.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Court and counsel confer regarding the rejection of the joint motion for consolidation and
receipt of the parties’ Joint Comprehensive Pretrial Memorandum. After further discussion, the
court believes that counsel need to meet and attempt to resolve the issues. Therefore, the court
will continue this conference to allow for the parties to enter into any stipulated agreement, with
the court requesting that Fort Mc Dowell counsel Jeffrey Hall appear at that conference as well.
Good cause appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-021292
CV 2009-011848
09/25/2009
Docket Code 083
Form V000A
Page 2
IT IS ORDERED continuing this Telephonic Status Conference on the issue of
consolidation to October 9, 2009, at 10:00 a.m. (15 mins.), in this Division, with Plaintiff's
counsel to initiate the telephonic conference call on the above-noted date and time:
TELEPHONE: (602) 372-0610.
9:07 a.m. Conference concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-021292
CV 2009-011848
10/09/2009
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JEANNE GARCIA
C.I. Miller
Deputy
WYMAN EXCAVATING INC
JAMES P KNELLER
v.
SYMMETRY HOMES INC, et al.
KYLE A ISRAEL
JEFFREY A HALL
JUDGE BURKE
HEARING VACATED
The court has received a letter dated October 7, 2009 from Kyle Israel, counsel for
Symmetry Homes, advising that the companion case CV2009-011848, before Judge Burke has
settled. Good cause appearing,
IT IS ORDERED vacating the Telephonic Status Conference to address the
consolidation issue raised in the Joint Pretrial Memorandum set for October 9, 2009, at 10:00
a.m., in this Division.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/23/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
10/21/2009
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
FORT MCDOWELL YAVAPAI NATION
JEFFERY M HALL
v.
INTEGRACRETE L L C, et al.
KYLE A ISRAEL
CASE SETTLED/INACTIVE CALENDAR
The court is advised that this case has been settled.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on
November 13, 2009, without further notice, 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/20/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
11/18/2009
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
FORT MCDOWELL YAVAPAI NATION
JEFFERY M HALL
v.
INTEGRACRETE L L C, et al.
INTEGRACRETE L L C
C/O ARIZONA CORP. COMMISSION
1300 W JEFFERSON ST
PHOENIX AZ 85007
R L I INSURANCE COMPANY
CLAIMS DEPARTMENT
P.O. BOX 3961
PEORIA IL 61612-3961
KYLE A ISRAEL
MONTE LEE PLOUGH
29706 NORTH 58THG STREET
CAVE CREEK AZ 85331
BEN J HIMMELSTEIN
JAMES P KNELLER
COMPREHENSIVE PRETRIAL
CONFERENCE SETTING
The Court has received and reviewed Plaintiff’s Motion to Set and Certificate of
Readiness.
IT IS ORDERED setting this matter for a Comprehensive Pretrial Conference, pursuant
to Rule 16(b) on December 23, 2009, at 9:00 a.m. (15 min.) before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
11/18/2009
Docket Code 026
Form V000A
Page 2
HON. EDWARD O. BURKE
Judge of Superior Court of Arizona
125 W. Washington - OCH
Courtroom 103 – 1st Floor
Phoenix, Arizona 85003
(602) 506-6538
The parties may appear telephonically. Counsel will need to confer as the court cannot
accept multiple calls. If all parties wish to appear telephonically, Plaintiff’s counsel shall initiate
the conference call. The court’s phone number is (602) 506-6538. Transmissions over cellular
telephones and speaker phones are not clearly received by the court’s phone system and,
therefore, are not allowed.
The court will set a firm trial date at this conference. Counsel are advised to have their
trial calendars with them.
IT IS FURTHER ORDERED that the parties shall submit a Joint Pretrial Memorandum
as set forth below.
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 December 18, 2009, a
Joint Pretrial Memorandum. The memorandum shall address all the matters listed in Rule
16(b) and additional items set forth below.
1.
The nature of the case; the issues, and each party’s position with respect to the
issues.
2.
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.
3.
A date for the final disclosure of the identities, subject matters, and reports of
expert witnesses, and/or to supplement disclosures made to date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
11/18/2009
Docket Code 026
Form V000A
Page 3
4.
A date or dates for the initial and final disclosure of all non-expert witnesses,
and/or to supplement disclosures made to date.
5.
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.
6.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.
7.
The court will order the parties to participate either in a settlement conference with
a judge pro tem or a mediation with a private mediator. An agreement of all parties
is required for private mediation. The parties are to advise if such an agreement is
reached. The parties are also to advise a proposed date for the completion of the
settlement conference or mediation.
8.
Set forth any discovery disputes to date or Rule 26.1 compliance issues.
9.
A date for completion of all discovery, including expert discovery.
10.
A date by which all dispositive or partially-dispositive motions shall be filed.
11.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
If counsel are unable to agree on any of the items of the Pretrial Memorandum, the
reasons for their inability to agree shall be set forth in the Pretrial Memorandum. 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 because the court is unaware that an extension had been
granted.
Counsel are reminded that the court may impose sanctions, pursuant to Rule 16(f),
against counsel and/or their clients for failure to participate in good faith in the preparation or
timely filing of the memorandum.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/24/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-011848
12/23/2009
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. EDWARD O. BURKE
L. Nixon
Deputy
FORT MCDOWELL YAVAPAI NATION
JEFFERY M HALL
v.
INTEGRACRETE L L C, et al.
INTEGRACRETE L L C
1300 W JEFFERSON ST
PHOENIX AZ 85007
MONTE LEE PLOUGH
29706 N 58TH STREET
CAVE CREEK AZ 85331
MINUTE ENTRY
8:58 a.m. In chambers: This is the time set for Comprehensive Pretrial Conference.
Plaintiff, Fort McDowell Yavapai Nation is telephonically represented by counsel, Jeffery M.
Hall. Defendants, Integracrete, L.L.C. and Monte Lee Plough are neither present nor represented
by counsel.
No court reporter is present.
Counsel informs the court that Integracrete, L.L.C. and Monte Lee Plough are the only
defendants which remain in this matter and that default action may be filed against them.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on
February 22, 2010, without further notice, 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.
9:03 a.m. Hearing concludes.

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