03/11/2010 — CV2009023537 MIYATA, LENA 03/11/2010 HON. SAM J. MYERS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/12/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
03/11/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. SAM J. MYERS
L. Firriello
Deputy
MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
DAXTON R WATSON
v.
LENA MIYATA
LENA MIYATA
5122 E SHEA BLVD#1076
SCOTTSDALE AZ 85254
MINUTE ENTRY
The Court has received and reviewed Plaintiff’s Motion for Rule 16(B) Pretrial
Conference.
IT IS 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 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 2009-023537
03/11/2010
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 p.m. on April 12, 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.
A date or dates for initial disclosures and/or to supplement disclosures made to
date.
2.
An initial and final date to propound written discovery requests that shall
include, as far as can reasonably be anticipated, any and all medical examinations
which may be required of any of the parties; the person or persons to conduct such
examinations; and all tangible evidence to be disclosed or exchanged.
3.
A date for the initial and final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.
4.
A date for the initial and final disclosure of the identities, subject matter, and
reports of expert witnesses, and/or to supplement disclosures made to date.
5.
A date for the completion of all depositions.
6.
A date by which any motions to amend the pleadings will be filed.
7.
A date by which all discovery motions will be filed.
8.
A date by which all dispositive or partially dispositive motions shall be filed.
9.
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.
10.
The anticipated length of trial.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
03/11/2010
Docket Code 023
Form V000A
Page 3
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
03/11/2010
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)
Written discovery shall be propounded by: (MM/DD/YYYY)
(3)
Written discovery shall be completed by: (MM/DD/YYYY)
(4)
Final non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(6)
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)
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
All discovery motions shall be filed by: (MM/DD/YYYY)
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
Dispositive Motions shall be filed by: (MM/DD/YYYY)
(11)
The parties remaining in this action shall participate in private mediation by
(MM/DD/YYYY) OR The parties remaining in this action shall participate in a
Mandatory Settlement Conference (ADR) by (MM/DD/YYYY) (Note: only one
of the preceding two options shall be included in the proposed order)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
03/11/2010
Docket Code 023
Form V000A
Page 5
(12)
The following number of days will be required to pick a jury and try this matter:
____
IT IS ORDERED setting a telephonic Status Conference to be initiated by the Court in
this matter on [counsel to leave this date blank], (time allotted: 15 minutes), in this Division.
HONORABLE SAM J. MYERS
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
COURTROOM 702
PHOENIX, AZ 85003
602 372-2940 TEL
602 372-8744 FAX
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
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. Any discovery motion filed without first making a conference call
will be rejected.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
04/27/2010 — CV2009023537 MIYATA, LENA 04/27/2010 HON. SAM J. MYERS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/29/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
04/27/2010
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. SAM J. MYERS
L. Firriello
Deputy
MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
DAXTON R WATSON
v.
LENA MIYATA
LENA MIYATA
5122 E SHEA BLVD#1076
SCOTTSDALE AZ 85254
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
The Court having received the parties’ Joint Rule16 Pretrial Scheduling Conference
Memorandum,
IT IS ORDERED adopting all proposed dates contained therein as the Scheduling Order
in this matter all in accordance with the formal written Order e-signed and filed by the Court on
April 25, 2010.
IT IS ORDERED, the parties shall participate in a mandatory settlement
conference. This case is referred to the court’s Alternative Dispute Resolution for the
appointment of a judge pro tempore to conduct a settlement conference. Counsel and/or the
parties will receive a minute entry from ADR appointing the judge pro tempore. Counsel
and any “pro per” parties will contact the appointed judge pro tempore to arrange the date, time,
and location for the settlement conference. The judge pro tempore is requested to conduct a
settlement conference not later than August 30, 2010. The Office of Alternative Dispute
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
04/27/2010
Docket Code 028
Form V000A
Page 2
Resolution will not do the scheduling of the settlement conference so please do not contact that
office.
All counsel and their clients, or non-lawyer representatives who have full and complete
authority to settle the case, shall personally appear and participate in good faith in the Settlement
Conference. Sanctions may be imposed for failure to participate.
IT IS ORDERED setting Telephonic Status Conference in this matter on September 15,
2010 at 9:30 a.m.
THE HONORABLE SAM J. MYERS
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
7TH FLOOR, COURTROOM 702
PHOENIX, AZ 85003
602-372-2940 TEL
602-372-8744 FAX
Court shall initiate the conference call to counsel.
NOTE: Counsel shall be available for the conference call on a telephone land line.
Cell phones will not be permitted.
Note: Counsel shall have their calendars available for this proceeding.
Court Reporter
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the
proceedings for a $20.00 charge. If a CD or videotape is requested, please obtain a form from
the Self Center to request a daily copy of a court hearing or trial proceeding being conducted.
Pay the applicable fee at the Self Service Center. Attach the receipt showing payment of the
fee and present both the receipt and the form to the courtroom clerk or bailiff. For copies of
hearings or trial proceedings recorded previously, please call Electronic Records Services
at 602-506-7100. Should an official transcript be required, you may request that the court
prepare it. The party ordering the transcript must pay for it. To request a transcript, call 602-
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
04/27/2010
Docket Code 028
Form V000A
Page 3
506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.
If a court reporter is required, the Court must receive a written request at least 48 hours
before the commencement of the proceeding. Failure to timely request a court reporter will be
deemed consent to proceed without a court reporter.
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 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.
MOTIONS: Counsel are directed to send a copy of any cases cited within a motion to
this Division at the time the motion is filed.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
09/02/2009 — CV2009023537 MIYATA, LENA 09/02/2009 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/03/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
09/02/2009
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
A. Marquis
Deputy
MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
KATHRYN A BATTOCK
v.
LENA MIYATA
LENA MIYATA
5122 E SHEA BLVD#1076
SCOTTSDALE AZ 85254
COURT ADMIN-CIVIL-ARB DESK
E-FILE CASE MANAGEMENT
JUDGE GAMA
JUDGE OBERBILLIG
JUDGE SAM MYERS
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Robert Oberbillig, CVJ09.
Court Administration is adjusting the size of certain calendars and this case has been
randomly chosen for reassignment.
IT IS ORDERED that this case be assigned to the Honorable Sam Myers, SAJ03 for all
further proceedings.
THE HONORABLE SAM J. MYERS
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
09/02/2009
Docket Code 066
Form V000A
Page 2
201 W. JEFFERSON
7TH FLOOR, COURTROOM 702
PHOENIX, AZ 85003
602-372-2940 TEL
602-372-8744 FAX
IT IS FURTHER ORDERED that Judge Robert Oberbillig’s division forward any and
all paperwork pertinent to this case to Judge Sam Myers’ division.
IT IS FURTHER ORDERED that all pleadings in this case be electronically filed as set
forth below.
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 will be available for use immediately and mandatory e-filing
will commence effective immediately. Filing by conventional means may continue until this
mandatory date. ALL FILINGS NOT EFILED AFTER THE MANDATORY DATE 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, then 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/efiling/default.asp
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
09/02/2009
Docket Code 066
Form V000A
Page 3
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”.
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 and the filing requires a fee, the
filing party is to pay at the time the document is efiled by calling 602-506-2565 to pay by phone
with a credit card or the fee is to be paid at the File Counter PRIOR to efiling a document that
requires a fee. Do NOT mail checks for filing fees to the Clerk’s Office. Bonds cannot be paid
by credit card. Documents will be rejected within two days if statutorily required fees are not
paid.
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.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-023537
09/02/2009
Docket Code 066
Form V000A
Page 4
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.
