02/02/2010 — CV2009091037 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 02/02/2010 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/03/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
02/02/2010
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
ESTHER SCHINBECKLER
MICHAEL G DELGADO
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
RYAN J MCCARTHY
TELEPHONIC COMPREHENSIVE PRETRIAL CONFERENCE
IT IS ORDERED setting a Telephonic Rule 16 Comprehensive Pretrial Conference
on April 28, 2010 at 8:45 a.m. (Time allotted: 15 minutes) before:
HONORABLE JOHN R. DITSWORTH
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 203
MESA AZ 85210
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 at (602) 506-8288 promptly at the scheduled time.
JOINT PRETRIAL MEMORANDUM
IT IS ORDERED as follows:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
02/02/2010
Docket Code 026
Form V000A
Page 2
Counsel are to meet personally to discuss all of the matters set forth in Rule 16(b), Ariz.
R. Civ. P. Counsel shall prepare and file with the Court, no later than 5:00 p.m. on April 23,
2010, a Joint Pretrial Memorandum for discovery, motion and disclosure deadlines.
If a Joint Pretrial Conference Memorandum is not timely submitted, the Court will place
the matter back on the Inactive Calendar for dismissal.
THE PRETRIAL CONFERENCE MEMORANDUM SHOULD CONTAIN THE
FOLLOWING:
1. Plaintiff’s final expert disclosure shall be served by
.
2. Defendant’s final expert disclosures shall be served by
.
3. Rebuttal expert disclosures shall be served by
.
4. Final non-expert disclosures shall be served by
.
5. All discovery shall be completed by
.
6. Dispositive motions shall be filed by
.
7. The parties remaining in this action shall have completed private mediation by
;
Whether the parties will participate in private mediation or in a mandatory Settlement
Conference that will be referred to the court's Alternative Dispute Resolution for the appointment
of a judge pro tempore.
NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.
03/15/2011 — CV2009091037 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 03/15/2011 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/16/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
03/15/2011
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
ESTHER SCHINBECKLER
MICHAEL G DELGADO
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
RYAN J MCCARTHY
MINUTE ENTRY
Defendant having filed a Notice of Settlement,
IT IS ORDERED placing this matter on the inactive calendar for dismissal on May 13,
2011, without further notice unless prior to that date a stipulated judgment or a stipulation for
dismissal together with a proposed form of Order is submitted to the Court.
IT IS FURTHER ORDERED vacating all pending hearings.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp.
Attorneys are encouraged to review Supreme Court Administrative Orders 2010-117 and 2011-
10 to determine their mandatory participation in eFiling through AZTurboCourt.
04/05/2010 — CV2009091037 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 04/05/2010 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/06/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
04/05/2010
Docket Code 003
Form V003
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
ESTHER SCHINBECKLER
MICHAEL G DELGADO
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
RYAN J MCCARTHY
HEARING VACATED AND RESET
Pursuant to Plaintiff's Motion to Continue and there being no objection by counsel for
Defendant,
IT IS ORDERED vacating telephonic Comprehensive Pretrial Conference set for April
28, 2010 and resetting same for May 5, 2010 at 9:15 a.m. (allotted time: 15 minutes).
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 at (602) 506-8288 promptly at the scheduled time.
05/05/2010 — CV2009091037 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 05/05/2010 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/06/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
05/05/2010
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
ESTHER SCHINBECKLER
MICHAEL G DELGADO
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
RYAN J MCCARTHY
MINUTE ENTRY
Courtroom 203 – SEA
9:22 a.m. This is the time set for telephonic Comprehensive Pretrial Conference. Counsel,
Michael Delgado, participates telephonically on behalf of Plaintiff. Counsel, Ryan McCarthy,
participates telephonically on behalf of Defendant.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The Court has received and reviewed the parties’ Joint Pretrial Memorandum. In
accordance therewith,
IT IS ORDERED:
1. Plaintiff’s final expert disclosure (in accordance with Ariz.R.Civ.P. 26.1 (a)(6))
shall be served by August 6, 2010.
2. Defendant’s final expert disclosures (in accordance with Ariz.R.Civ.P. 26.1
(a)(6)) shall be served by September 3, 2010.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
05/05/2010
Docket Code 028
Form V000A
Page 2
3. Any rebuttal expert disclosures (in accordance with Ariz.R.Civ.P. 26.1 (a)(6))
shall be served by September 17, 2010.
4. Final non-expert disclosures (in accordance with Ariz.R.Civ.P. 26.1 (a)(6)) shall
be served by October 1, 2010.
5. All discovery shall be completed by December 3, 2010.
6. All dispositive motions shall be filed by December 17, 2010.
7. The parties remaining in this action shall complete mediation by December 20,
2010.
IT IS ORDERED: The parties shall participate in private mediation. The cost of
private mediation shall be paid proportionately by the parties.
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 written agreement of the parties.
9. A telephonic status conference is set for December 20, 2010 at 8:30 a.m. for
the purpose of assigning a trial date if the case has not settled.
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 at (602) 506-8288 promptly at the
scheduled time.
10. Should any discovery disputes arise, any party seeking a discovery order shall,
prior to filing discovery motions, meet and confer pursuant to Ariz.R.Civ.P.
37(a)(2)(C), then telephonically contact the Court to set up telephonic oral
argument regarding any unresolved issues.
9:23 a.m. Hearing concludes.
NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the schedule hearing.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
12/20/2010 — CV2009091037 COMMUNITY ASSOCIATION, SUNLAND VILLAGE 12/20/2010 HON. JOHN R. DITSWORTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/21/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
12/20/2010
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN R. DITSWORTH
M. Brady
Deputy
ESTHER SCHINBECKLER
MICHAEL G DELGADO
v.
SUNLAND VILLAGE COMMUNITY
ASSOCIATION
RYAN J MCCARTHY
JURY TRIAL SET
TRIAL MANAGEMENT CONFERENCE SET
Courtroom 203 – SEA
8:34 a.m. This is the time set for telephonic status conference to set a trial date. Counsel,
Michael Delgado, participates telephonically on behalf of Plaintiff. Counsel, Ryan McCarthy,
participates telephonically on behalf of Defendant.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
IT IS ORDERED extending the deadline for discovery to February 28, 2011.
IT IS ORDERED:
1.
TRIAL
This matter is set for a Jury Trial on June 27, 2011 at 9:30 a.m. in this Division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
12/20/2010
Docket Code 089
Form V000A
Page 2
LENGTH OF TRIAL: 3 days
HONORABLE JOHN R. DITSWORTH
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 203
MESA AZ 85210
THIS IS A FIRM TRIAL SETTING
Trial days and hours are as follows: Monday through Thursday from 9:00 a.m. to 4:30
p.m. daily. The Court will take two 15-minute recesses, one in the morning and one in the
afternoon. The lunch recess will be from 12:00 p.m. to 1:30 p.m.
2.
MOTIONS
A.
SUBSTANTIVE MOTIONS
All substantive motions, including motions for summary judgment, shall be filed no later
than March 29, 2011.
B.
MOTIONS IN LIMINE
Any and all Motions in Limine shall be filed no later than May 4, 2011, and shall be
hand-delivered to opposing counsel and the Court. Such motions must meet the test of State v.
Superior Court, 108 Ariz. 396, 397, 499 P.2d 152 (1972) (“The primary purpose of a Motion in
Limine is to avoid disclosing to the jury prejudicial matters which may compel a mistrial”). See
also, Ariz. R. Evid. 103(c). Written responses to Motions in Limine shall be filed no later than
May 13, 2011 and hand-delivered to opposing counsel and this Division. Replies shall not be
allowed absent leave of Court. Failure to meet and confer in accordance with Ariz.R.Civ.P.
7.2(a) prior to the filing of any Motion in Limine may result in sanctions.
The Court will rule on Motions in Limine without oral argument unless otherwise
ordered. Any Motion in Limine not timely filed will be deemed waived.
3.
JURY SELECTION
The Court uses the “struck” method for jury selection. The parties will be permitted to
conduct their own voir dire after the Court completes its own voir dire. The purpose of voir dire
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
12/20/2010
Docket Code 089
Form V000A
Page 3
is to secure a fair and impartial jury and not to educate the jury as to the legal/factual theories
espoused by a particular party.
4.
TRIAL MANAGEMENT CONFERENCE
A Trial Management Conference is set for June 3, 2011 at 1:30 p.m. (allotted time: 1
hour) in this Division. The lead trial counsel for each party is required to attend the Trial
Management Conference. Self-represented litigants are also required to attend. Except as stated
above, parties are not required to attend. Failure of any trial counsel or any self-represented
litigant to attend the Trial Management Conference may result in sanctions.
At the Trial Management Conference, counsel for each party and any self-represented
litigants shall be prepared to discuss:
A.
Length of voir dire, opening statements, examination of witnesses, and
closing arguments.
B.
The number of jurors on the jury panel, and the involvement of the
alternate jurors in deliberation.
C.
Stipulations for the foundation, authenticity, and admission of exhibits.
D.
Preliminary and final jury instructions.
E.
Agreed-upon deposition summaries and excerpts from deposition
transcripts and/or videotaped depositions.
F.
Any special witness scheduling or equipment-related issues.
G.
A brief summary of the case to be read to the jury.
H.
The allocation of trial time per party.
5.
MARKING EXHIBITS FOR TRIAL
Trial counsel and self-represented litigants (“the parties”) are directed to personally meet
no later than April 28, 2011 to exchange trial exhibits and discuss the exhibits prior to
submitting them to the Court for trial. At this meeting, the parties’ shall attempt to agree on
authenticity, foundation, and admission of the exhibits to shorten the time spent on exhibits
during the trial.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
12/20/2010
Docket Code 089
Form V000A
Page 4
At the time of the Trial Management Conference, the parties shall present to the Clerk of
this Division all exhibits they will be introducing at trial. Counsel shall present all exhibits with a
written list of brief exhibit descriptions to the Clerk. Exhibits shall not be placed in a notebook.
Each exhibit shall be clipped or bound if too large to be stapled. Exhibits are to be separated by a
colored sheet of paper or by a divider sheet. An enlargement may be used for demonstrative
purposes; however an 8 ½ x 11 size copy of the enlargement must be submitted with the other
exhibits and will be marked for demonstrative purposes only. (Enlargements will be released to
the party using said enlargement at the end of trial.) The exhibits will be marked by the Clerk in
consecutive order: Plaintiff’s exhibits will be marked first; Defendant’s exhibits will be marked
second. Exhibits are assigned numbers in a serial fashion. Placeholders will not be accepted and
exhibit numbers will not be reserved for exhibits not presented at this time. The parties shall
ensure that there are no duplicate exhibits. Failure to follow the procedure for submitting trial
exhibits may result in the exclusion of that party’s exhibits at trial.
6.
DEPOSITIONS
To the extent reasonably possible, the content of any deposition a party intends to offer in
evidence shall be either summarized or relevant excerpts of the deposition shall be extracted.
Videotape depositions shall be edited in the same manner. Deposition summaries and excerpts
shall be exchanged by the parties prior to the Trial Management Conference. All deposition
summaries and excerpts shall be provided to the Clerk of this Division at the time of the Trial
Management Conference.
7. WITNESS INFORMATION FORM
Counsel for each party and any self-represented litigant shall meet no later than May 27,
2011 to complete the Witness Information Form which is attached to this minute entry. The
parties shall set forth the names of each witness and the estimated time required for direct and
cross-examination. Time estimates shall also be set forth for opening statements and closing
arguments. The completed form shall be submitted with the Joint Pretrial Statement. The Court
will rely upon the Witness Information Form to predict the length of the trial for the jurors and to
allocate the time allowed for each party to present its case to the jury.
Attachment: Witness Information Form.
8.
FINAL JOINT PRETRIAL STATEMENT
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
12/20/2010
Docket Code 089
Form V000A
Page 5
The Joint Pretrial Statement meeting the requirements of Ariz.R.Civ.P. 16(d)(2)(A)-(K)
shall be delivered to this Division by 5:00 p.m. on May 30, 2011. In addition to the requirements
of Ariz.R.Civ.P. 16(d)(2)(A)-(K), the parties shall submit to the Court:
A.
A statement by each party identifying all expert witnesses, the opinions of
said experts, and a description of the factual/substantive basis for each such opinion.
B.
A CD containing the full text of all preliminary and final jury instructions
jointly agreed upon by the parties, in Word format.
C.
CDs containing separate sets of requested instructions that have not been
agreed upon in Word format. (Please consider Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381
(1993) and the RAJI Civil 4d Statement of Purpose and Approach before preparing any request
for non-RAJI instructions.)
D.
Written objections to any jury instructions citing specific authority in
support of said objections.
E.
A completed Witness Information Form.
F.
Any voir dire questions a party seeks to ask during jury selection.
G.
Trial memoranda (optional).
H.
Proposed and compiled juror notebooks.
8:38 a.m. Hearing concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
12/20/2010
Docket Code 089
Form V000A
Page 6
WITNESS INFORMATION FORM
WITNESSES FOR PLAINTIFF(S)
WITNESS NAME
DIRECT
AND
REDIRECT
CROSS
1
2
3
4
5
6
DIRECT, REDIRECT & CROSS TOTAL: _________________
WITNESSES FOR DEFENDANT(S)
WITNESS NAME
DIRECT
AND
REDIRECT
CROSS
1
2
3
4
5
6
DIRECT, REDIRECT & CROSS TOTAL: _______________
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-091037
12/20/2010
Docket Code 089
Form V000A
Page 7
TOTAL WITNESS TIME ESTIMATE: ___________________________
TIME ESTIMATE FOR:
PLAINTIFF
DEFENDANT
OPENING STATEMENT
CLOSING ARGUMENT
1st:
2nd:
NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the schedule hearing.
