06/21/2010 — CV2009027510 L L P, SOUTHPLACE AMERICA 06/21/2010 HONORABLE LINDA H. MILES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/22/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
06/21/2010
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDA H. MILES
L. Crawford
Deputy
DESERT MOUNTAIN MASTER
ASSOCIATION, THE
ANGELA L POTTS
v.
SOUTHPLACE AMERICA L L P
OLIVIER A BEABEAU
COMPREHENSIVE PRETRIAL CONFERENCE SET
The Court is in receipt of Plaintiff’s Motion to Set and Certificate of Readiness.
IT IS ORDERED setting a telephonic Comprehensive Pretrial Conference on August
12, 2010 at 2:00 p.m. (time allotted: 15 minutes) in this Division:
Judge Linda H. Miles
Maricopa County Superior Court
Northeast Regional Court Center
18380 N. 40th Street, Courtroom 106
Phoenix, Arizona 85032
(602) 506-6452
Plaintiff shall be responsible for initiating the conference call by calling this Division at
602-506-6452 with all participating parties and counsel on the line at the date and time specified
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
06/21/2010
Docket Code 026
Form V000A
Page 2
above. Telephonic appearances shall be made from a LANDLINE and NOT a cellular phone.
COUNSEL PARTICIPATING IN THE CONFERENCE CALL SHALL BE
KNOWLEDGEABLE ABOUT THE CASE AND ITS STATUS, AND SHALL HAVE
AUTHORITY TO MAKE DECISIONS ABOUT SCHEDULING AND OTHER MATTERS
RELATED TO THE CASE.
NOTE: The parties are advised that this Division does not set a trial date until completion
of private mediation or a settlement conference through a Judge pro tem.
JOINT PRETRIAL CONFERENCE MEMORANDUM
IT IS ORDERED:
Counsel and any self-represented litigants are to meet personally before the Pretrial
Conference to discuss those subjects listed under Arizona Rules of Civil Procedure (“ARCP”),
Rule 16(b) or 16(c) (if a medical malpractice case). The parties shall prepare and file a Joint
Pretrial Conference Memorandum no later than five judicial days before the conference
addressing all applicable subjects listed under Rule 16(b) or 16(c), as applicable, and including
proposed discovery and disclosure deadlines. Proposed dates in the memorandum shall be stated
as dates certain (e.g., January 5, 2010) and not, for example, as “90 days before trial.”
The Joint Pretrial Conference Memorandum shall begin with a brief description of
the nature of the case and the contested issues, as well as the estimated length of the trial.
In addition, it shall include deadlines for the disclosure of expert and non-expert witnesses
and 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.
If the parties agree to the deadline dates, they shall prepare a proposed scheduling Order
in the form set forth below, containing the provisions which are applicable to the case. If the
parties are unable to agree on any of the provisions that are to be included in the Order, the
reasons for their inability to agree shall be set forth in the Joint Pretrial Conference
Memorandum, and the parties shall submit a proposed Order without dates included.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
06/21/2010
Docket Code 026
Form V000A
Page 3
If a Joint Pretrial Conference Memorandum is not timely submitted, the Court will place
the matter on the Inactive Calendar for dismissal. Counsel are reminded that the Court may
impose sanctions against counsel and/or the parties for failure to participate in good faith in the
Joint Pretrial Conference Memorandum or the Pretrial Conference.
PROPOSED LANGUAGE FOR ORDER:
The Court has received and reviewed the parties’ Joint Pretrial Conference Memorandum.
In accordance therewith,
IT IS ORDERED:
Plaintiff’s final expert witness disclosure (in accordance with ARCP, Rule 26.1
1.
(a)(6)) shall be served by , 2010.
Defendant’s final expert witness disclosures (in accordance with ARCP, Rule
2.
26.1 (a)(6)) shall be served by , 2010.
Any rebuttal expert witness disclosures (in accordance with ARCP, Rule 26.1
3.
(a)(6)) shall be served by , 2010.
Final non-expert witness disclosures (in accordance with ARCP, Rule 26.1
4.
(a)(3)) shall be served by , 2010.
All discovery shall be completed by , 2010. Any written discovery must be
5.
propounded far enough in advance of this date to allow for responses to be
served in accordance with the Rules prior to this date.
The parties shall participate in private mediation by , 2010.
6.
OR
The parties shall participate in a mandatory Settlement Conference. This matter
is referred to the Court's Alternative Dispute Resolution Office 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 self-represented litigants
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
06/21/2010
Docket Code 026
Form V000A
Page 4
shall 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 , 2010. The Office of Alternative
Dispute Resolution will not do the scheduling of the settlement conference so
please do not contact that office.
7. All dispositive or partially dispositive motions shall be filed by , 2010.
8. No expert witnesses, expert opinions, lay witnesses, or exhibits shall be allowed
at trial other than those disclosed in a timely manner, except for good cause
shown or by written agreement of the parties.
9. A telephonic status conference is set for , 2010 at m. for the purpose of
assigning a trial date if the case has not settled.
NOTE: Plaintiff shall be responsible for initiating the conference call by calling
this Division at 602-506-6452, with all participating parties and counsel on the
line, at the date and time specified above.
10. Should any discovery disputes arise, any party seeking a discovery order shall,
prior to filing discovery motions, meet and confer pursuant to ARCP, Rule
37(a)(2)(C). Counsel are advised that, as the Court interprets Rule 37(a)(2)(C),
an exchange of correspondence between counsel is not sufficient to satisfy the
“personal consultation” requirement of the Rule, except in extraordinary
circumstances. At a minimum, counsel must speak to each other by telephone
to attempt to resolve the dispute in good faith before involving the Court.
Counsel are further advised that after the personal consultation referenced
above, the Court is available to discuss, by joint telephone call, discovery
disputes or any other matter that may impact the parties’ ability to resolve this
case in a just, speedy and inexpensive manner. See Rule 1, ARCP.
11. 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.
12. This case is removed from the Inactive Calendar and all requirements of Rule
38.1 Ariz.R.Civ.P. are waived until otherwise ordered by the Court.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
06/21/2010
Docket Code 026
Form V000A
Page 5
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
07/07/2010 — CV2009027510 L L P, SOUTHPLACE AMERICA 07/07/2010 HONORABLE LINDA H. MILES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/08/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
07/07/2010
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDA H. MILES
L. Crawford
Deputy
DESERT MOUNTAIN MASTER
ASSOCIATION, THE
ANGELA L POTTS
v.
SOUTHPLACE AMERICA L L P
OLIVIER A BEABEAU
COMPREHENSIVE PRETRIAL CONFERENCE RESET
Due to a conflict on the Court’s calendar,
IT IS ORDERED vacating the telephonic Comprehensive Pretrial Conference set on
August 12, 2010 at 2:00 p.m. and resetting same on August 16, 2010 at 10:30 a.m. (time
allotted: 15 minutes).
HONORABLE LINDA H. MILES
MARICOPA COUNTY SUPERIOR COURT
NORTHEAST REGIONAL COURT CENTER
18380 N. 40TH STREET
COURTROOM 106
PHOENIX, ARIZONA 85032
(602) 506-6452
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
07/07/2010
Docket Code 083
Form V000A
Page 2
NOTE: Plaintiff shall be responsible for initiating the conference call by calling this
Division at 602-506-6452 with all participating parties and counsel on the line at the date and
time specified above. Telephonic appearances shall be made from a LANDLINE and NOT a
cellular phone.
IT IS FURTHER ORDERED affirming the orders set forth in the Court’s minute entry
dated June 21, 2010.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
08/16/2010 — CV2009027510 L L P, SOUTHPLACE AMERICA 08/16/2010 HONORABLE LINDA H. MILES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/19/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
08/16/2010
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDA H. MILES
L. Crawford
Deputy
DESERT MOUNTAIN MASTER
ASSOCIATION, THE
ANGELA L POTTS
v.
SOUTHPLACE AMERICA L L P
OLIVIER A BEABEAU
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
Courtroom 106
10:30 a.m. This is the time set for telephonic Comprehensive Pretrial Conference.
Appearing telephonically on behalf of Plaintiff, The Desert Mountain Master Association, is
counsel, Lyn Anne Bailey, appearing for Angela L. Potts. Appearing telephonically on behalf of
Defendant, Southplace America, LLP, is counsel, Keith Galbut, appearing for Olivier A.
Beabeau.
A recording of this proceeding is being made by audio and/or videotape in lieu of a court
reporter.
The Court has received and reviewed the parties’ Joint Pretrial Conference
Memorandum, filed August 5, 2010.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
08/16/2010
Docket Code 028
Form V000A
Page 2
The Court notes that the parties stipulate to all of the deadline dates as set forth in the
parties’ Joint Pretrial Conference Memorandum and the accompanying form of order.
Discussion is held.
Defendant’s counsel advises the Court that Defendants are in the process of filing a
bankruptcy petition in Scotland, and will soon be filing a Chapter 15 bankruptcy petition in the
State of Arizona.
IT IS ORDERED approving and settling the formal written Scheduling Order signed by
the Court on August 16, 2010 and eFiled on August 16, 2010.
By agreement of the parties,
IT IS FURTHER ORDERED that 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 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 November 30, 2010. The Office of Alternative Dispute Resolution
will not do the scheduling of the settlement conference so please do not contact that office.
IT IS FURTHER ORDERED setting a telephonic status conference on February 11,
2011 at 10:00 a.m. (time allotted: 15 minutes) for the purpose of assigning a trial date if
appropriate.
HONORABLE LINDA H. MILES
MARICOPA COUNTY SUPERIOR COURT
NORTHEAST REGIONAL COURT CENTER
18380 N. 40TH STREET
COURTROOM 106
PHOENIX, ARIZONA 85032
(602) 506-6452
NOTE: Plaintiff shall be responsible for initiating the conference call by calling this
Division at 602-506-6452 with all participating parties and counsel on the line at the date and
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
08/16/2010
Docket Code 028
Form V000A
Page 3
time specified above. Telephonic appearances shall be made from a LANDLINE and NOT a
cellular phone.
COUNSEL PARTICIPATING IN THE CONFERENCE CALL SHALL BE
KNOWLEDGEABLE ABOUT THE CASE AND ITS STATUS, AND SHALL HAVE
AUTHORITY TO MAKE DECISIONS ABOUT SCHEDULING AND OTHER
MATTERS RELATED TO THE CASE.
IT IS FURTHER ORDERED that in no less than five days prior to the Status Conference
set herein, the parties shall submit a Joint Status Report to the Court containing a brief history of
the case, the status of discovery, any outstanding discovery disputes, and the status of the parties’
settlement efforts.
DISCOVERY DISPUTES: Should any discovery dispute arise, any party seeking a
discovery order shall, prior to filing a discovery motion, meet and confer pursuant to ARCP,
Rule 37(a)(2)(C). Counsel are advised that, as the Court interprets Rule 37(a)(2)(C), an exchange
of correspondence between counsel is not sufficient to satisfy the “personal consultation”
requirement of the Rule, except in extraordinary circumstances. At a minimum, counsel must
speak to each other by telephone to attempt to resolve the dispute in good faith before involving
the Court. Counsel are further advised that after the personal consultation referenced above, the
Court is available to discuss, by joint telephone call, discovery disputes or any other matter that
may impact the parties’ ability to resolve this case in a just, speedy and inexpensive manner. See
Rule 1, ARCP.
IT IS FURTHER ORDERED removing this case from the Inactive Calendar and all
requirements of Rule 38.1, Ariz.R.Civ.P., are waived until otherwise ordered by the Court.
10:35 a.m. Matter concludes.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
11/23/2010 — CV2009027510 L L P, SOUTHPLACE AMERICA 11/23/2010 HONORABLE LINDA H. MILES View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/01/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
11/23/2010
Docket Code 314
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDA H. MILES
L. Crawford
Deputy
DESERT MOUNTAIN MASTER
ASSOCIATION, THE
ANGELA L POTTS
v.
SOUTHPLACE AMERICA L L P
OLIVIER A BEABEAU
BANKRUPTCY FILED
The Court has received Defendant’s Notice of Bankruptcy, filed November 22, 2010.
Defendant’s Notice states that the United States Bankruptcy Court for the District of Arizona
granted a petition for recognition of Defendant’s administrative proceedings in Scotland pursuant
to Chapter 15 of the United States Bankruptcy Code. According to the Bankruptcy Court’s
Order Recognizing Foreign Main Proceeding, a stay order is in place pursuant to Section 362 of
the Bankruptcy Code. Accordingly,
IT IS ORDERED placing this case on the Inactive Calendar until May 23, 2011 (180
days) as to Defendant Southplace America, L.L.P. (debtor).
This case will be dismissed as to the debtor on May 24, 2011 unless prior to the
scheduled dismissal date Plaintiff demonstrates it has moved to lift the bankruptcy stay but the
request has not been ruled upon or has been denied; or it has sought to reduce the claim(s)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
11/23/2010
Docket Code 314
Form V000A
Page 2
against the debtor to judgment in the Bankruptcy Court in an adversary proceeding and the
adversary proceeding has not yet been resolved despite diligence in seeking such a resolution; or
it has obtained severance of the claim(s) against the debtor from the claim(s) against the other
parties to the action, if any; or it has demonstrated a reasonable basis for continuance of the case
on the Inactive Calendar.
Any party may ask the Court to schedule an informal status conference before the
dismissal date to inform the Court what action, if any, is undertaken in the Bankruptcy Court that
would permit this case to proceed.
IT IS FURTHER ORDERED vacating the telephonic status conference set on February
11, 2011 at 10:00 a.m.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
11/23/2010
Docket Code 314
Form V000A
Page 3
12/01/2009 — CV2009027510 L L P, SOUTHPLACE AMERICA 12/01/2009 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/02/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-027510
12/01/2009
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
C. Hernden
Deputy
DESERT MOUNTAIN MASTER
ASSOCIATION, THE
ANGELA L POTTS
v.
SOUTHPLACE AMERICA L L P
OLIVIER A BEABEAU
JUDGE LINDA MILES
JUDGE MANGUM
MINUTE ENTRY
This case is currently assigned to the Honorable J. Kenneth Mangum at Superior
Court of Arizona, East Court Building, Courtroom 514, 101 West Jefferson Street, Phoenix, AZ
85003.
Court Administration having identified this calendar for reassignment,
accordingly,
IT IS ORDERED that effective December 1, 2009, this case be reassigned to the
Honorable Linda H. Miles at the Northeast Regional Court Center at 18380 N. 40th Street,
Phoenix, AZ 85032.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
