01/12/2012 — CV2010004447 NORTON, NICHOLAS 01/12/2012 HON. JOHN REA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/17/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
01/12/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
MATTHEW THILL
WILLIAM A KOZUB
v.
NICHOLAS NORTON, et al.
NICHOLAS NORTON
7617 LEXINGTON AVE
WEST HOLLYWOOD CA 90046
JASON E SMITH
MINUTE ENTRY
The Court has considered Cross-Plaintiff Alisanos Community Association’s
November 15, 2011 Motion for Summary Judgment on Its Cross-Claim Against Nicholas Norton
and January 4, 2012 Motion for Summary Disposition. No response has been filed. Pursuant to
A.R.Cv.P. 7.1(b) and 56(e), and after review of the entire record,
IT IS ORDERED granting Cross-Plaintiff’s Motion for Summary Disposition.
IT IS FURTHER ORDERED granting Cross-Plaintiff’s Motion for Summary Judgment.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
01/26/2011 — CV2010004447 NORTON, NICHOLAS 01/26/2011 HON. JOHN REA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/28/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
01/26/2011
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
MATTHEW THILL
WILLIAM A KOZUB
v.
NICHOLAS NORTON, et al.
NICHOLAS NORTON
8068 S STEPHANIE LN #64
TEMPE AZ 85284
CHAD PHILIP MIESEN
MINUTE ENTRY
The Court has received and reviewed Plaintiff’s Request for Rule 16 Scheduling
Conference and Motion to Extend on Inactive Calendar filed January 24, 2011. (Please note: It
is this division’s practice to not set a conference date at this time, but rather to have the parties
submit a Joint Status/Scheduling Memorandum and scheduling order for the Court’s signature as
set forth below.)
IT IS ORDERED as follows:
Counsel/parties are to meet personally to discuss all of the matters set forth in Rule 16,
A.R.Cv.P.
Counsel/parties
shall prepare and file with the Court, no later than
February 28, 2011, a Joint Status/Scheduling Memorandum, and a form of Order, for discovery,
motion and disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form set forth below,
containing the provisions which are applicable to their case. For example, paragraph 1 of the
Order set forth below need not be included in the parties’ proposed Order if the parties intend to
disclose their experts’ identity and opinions at the same time they disclose their experts’ areas of
testimony. Similarly, if the parties agree to simultaneously disclose the identity and opinions of
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
01/26/2011
Docket Code 084
Form V000A
Page 2
their expert witnesses, they need not include in their proposed Order the language set forth in
paragraph 2a. and b., below.
The proposed Order shall include specific dates (“December 5, 2009” is a specific date.
“90 days prior to trial” is a date in reference to a trial date and is not a specific date). All
applicable blanks should be filled in. Do not incorporate a firm trial date in the proposed
Order.
If counsel/parties are unable to agree on any of the items that are to be included in the
Order, the reasons for their inability to agree shall be set forth in their Scheduling Memorandum
and each shall prepare a separate proposed Order.
The Court will review the Joint Status/Scheduling Memorandum and Scheduling Order.
If all is in order, the Court will set a scheduling/status conference (via separate minute entry)
close to the discovery cutoff date. At the scheduling/status conference, if the parties have
completed discovery and are ready for trial, the Court will set firm dates for the final pretrial
management conference and the trial. If the parties are not ready for trial, the matter will be
placed on the Inactive Calendar for dismissal within 60 days.
If counsel/parties feel a pretrial conference is still necessary at this stage of the litigation,
they should address the reasons why in the first paragraph of the Joint Status/Scheduling
Memorandum.
If a Joint Status/Scheduling Memorandum and Scheduling Order are not timely
submitted, the Court will place the matter on the Inactive Calendar for dismissal.
Counsel/parties shall provide prepaid return-addressed envelopes for the return
mailing of the Scheduling Order and the appropriate number of copies of the Scheduling
Order for all parties involved in this case.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
IT IS FURTHER ORDERED continuing this matter on the inactive calendar for
dismissal without further notice on March 27, 2011.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
01/26/2011
Docket Code 084
Form V000A
Page 3
SCHEDULING ORDER FORMAT:
The Court has received and reviewed the parties’ Joint Status/Scheduling Memorandum
and proposed Scheduling Order.
In accordance therewith,
IT IS ORDERED as follows:
1.
The parties shall mutually and simultaneously disclose areas of expert testimony
by 5:00 p.m. on ________, 200_. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
200_.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
200_.
2.
The parties shall mutually and simultaneously disclose the identity and opinions
of their expert witnesses by 5:00 p.m. on ________, 200_. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 200_.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 200_.
3.
Any and all discovery requests shall be served by 5:00 p.m. on ________, 200_.
4.
The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________,
200_. [or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
200_.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 200_.
5.
The parties shall mutually and simultaneously disclose their rebuttal expert
witnesses and opinions by 5:00 p.m. on ________, 200_.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
01/26/2011
Docket Code 084
Form V000A
Page 4
6.
All discovery shall be concluded by 5:00 p.m. on ________, 200_.
7.
The parties shall have exchanged up-to-date final Rule 26.1 Supplemental
Disclosure Statements by 5:00 p.m. on ________, 200_. This Order does not
replace the parties’ obligation to seasonably disclose on an on-going basis under
Rule 26.1 as information becomes available.
8.
Settlement conference (choose one):
a.
PRIVATE MEDIATION
The parties shall participate in private mediation by 5:00 p.m. on ________,
200_;
All counsel/parties and their clients, or non-lawyer representatives who have
full and complete authority to settle this case, shall personally appear and
participate in good faith in this mediation, even if no settlement is expected.
The mediator may permit a non-lawyer representative to appear
telephonically if such appearance is requested and granted prior to the
hearing.
OR
b.
REFERRAL TO ADR FOR SETTLEMENT CONFERENCE
**Referral will be issued by Clerk via separate minute entry.**
The parties request a referral to the Court’s Alternative Dispute Resolution Office
(ADR) for the appointment of a judge pro tempore to conduct a settlement
conference. The parties request that the judge pro tempore conduct a settlement
conference not later than ________________, 200_. (NOTE: The ADR Office
requires a minimum of 90 days to set a conference date.)
9.
No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at
trial other than those disclosed in a timely manner, except for good cause shown
or written agreement of the parties.
10.
Should any discovery disputes arise, counsel/parties, prior to filing discovery
motions, shall meet and confer pursuant to Rule 37, Ariz.R.Civ.P. If the issues
are straightforward enough not to require briefing, counsel/parties
may
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
01/26/2011
Docket Code 084
Form V000A
Page 5
telephonically contact the Court to set up a telephonic conference to discuss any
remaining issues.
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.
Rule 38.1 of Ariz.R.Civ.P. is waived unless and until otherwise ordered by the
Court.
A Telephonic Status/Scheduling Conference for the purpose of assigning a trial date will
be set via separate minute entry.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
_____________________
______________________________
Date
Honorable John C. Rea
Judge of the Superior Court
02/22/2011 — CV2010004447 NORTON, NICHOLAS 02/22/2011 HON. JOHN REA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/23/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
02/22/2011
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
MATTHEW THILL
WILLIAM A KOZUB
v.
NICHOLAS NORTON, et al.
NICHOLAS NORTON
8068 S STEPHANIE LN #64
TEMPE AZ 85284
JASON E SMITH
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Alisanos Community Association’s
January 6, 2011 Motion for Summary Judgment and Matthew Thill’s February 10, 2011 Cross-
Motion for Summary Judgment on April 1, 2011 at 1:30 p.m. (time allotted: 30 minutes with
the time divided equally between the parties), before:
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
02/22/2011
Docket Code 094
Form V000A
Page 2
proceedings for a $20.00 charge. If a CD or videotape is requested, please obtain a form from
the courtroom clerk or from the Self Service 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 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
602-506-7100 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
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.
03/08/2011 — CV2010004447 NORTON, NICHOLAS 03/08/2011 HON. JOHN REA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/10/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
03/08/2011
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
MATTHEW THILL
WILLIAM A KOZUB
v.
NICHOLAS NORTON, et al.
JASON E SMITH
MINUTE ENTRY
The Court is in receipt of Plaintiff’s Motion to Vacate Scheduling Order and to Continue
Case on Inactive Calendar.
IT IS ORDERED granting Plaintiff’s Motion and vacating the Court’s January 26, 2011
order requiring the parties to submit a proposed scheduling order.
IT IS FURTHER ORDERED continuing this matter on the inactive calendar for
dismissal without further notice on June 15, 2011.
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.
04/01/2011 — CV2010004447 NORTON, NICHOLAS 04/01/2011 HON. JOHN REA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/06/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
04/01/2011
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
M. Sahli
Deputy
MATTHEW THILL
WILLIAM A KOZUB
v.
NICHOLAS NORTON, et al.
JASON E SMITH
MINUTE ENTRY
1:30 p.m. This is the time set for Oral Argument re Alisanos Community Associations’
Motion for Summary Judgment and Matthew Thill’s Cross-Motion for Summary Judgment.
Plaintiff, Matthew Thill is represented by counsel, M. Daniel Evans. Defendant, Alisanos
Community Association is represented by counsel, Jason E. Smith.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is presented to the Court.
IT IS ORDERED taking the matters under advisement.
2:00 p.m. Matter concludes.
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.
04/12/2011 — CV2010004447 NORTON, NICHOLAS 04/12/2011 HON. JOHN REA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/15/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
04/12/2011
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
MATTHEW THILL
WILLIAM A KOZUB
v.
NICHOLAS NORTON, et al.
JASON E SMITH
MINUTE ENTRY
After oral argument on the parties’ Cross-Motions for Summary Judgment, the Court
took the contested issues under advisement.
IT IS ORDERED Plaintiff Alisanos Community Association’s Motion for Summary
Judgment is denied.
IT IS FURTHER ORDERED Defendant Thill’s Motion for Summary Judgment is
granted.
Defendant Matthew Thill holds legal title to the property governed by the CC&Rs of the
Alisanos Community Association by virtue of a Quit Claim under which Nicholas Norton quit
claimed the property to Matthew Thill “as Trustee of 8068 S Stephanie Lane Family Trust.”
There is a Trust Agreement executed by Norton and Thill that describes Norton as Beneficiary
and Thill as Trustee.
Section 1.17 of the CC&Rs defines “owner” as “the record Owner . . . of beneficial or
equitable title . . . to the fee simple interest of a Lot.” While the Trust Agreement is internally
contradictory in some respects – it is clearly a Trust Agreement yet it purports to convey both
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
04/12/2011
Docket Code 019
Form V000A
Page 2
legal and equitable title to the Trustee – it is clear that the Agreement intended to vest title in
Thill as a Trustee and that the Beneficiary Norton may reclaim the property at any time.
Under the undisputed facts, the Court finds that Defendant Thill does not fall with the
definition of “Owner” under the CC&Rs.
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.
06/04/2010 — CV2010004447 NORTON, NICHOLAS 06/04/2010 HON. JOHN REA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/09/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
CV 2010-011324
06/04/2010
Docket Code 053
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
MATTHEW THILL
WILLIAM A KOZUB
v.
NICHOLAS NORTON, et al.
NICHOLAS NORTON
8068 S STEPHANIE LANE #64
TEMPE AZ 85284
JASON E SMITH
CHAD PHILIP MIESEN
DOCKET-CIVIL-CCC
JUDGE HEGYI
CASE CONSOLIDATION
Upon Motion of counsel for Matthew Thill and good cause appearing,
IT IS ORDERED consolidating cause numbers CV2010-004447 and CV2010-011324
under cause number CV2010-004447 for all further proceedings.
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
CV 2010-011324
06/04/2010
Docket Code 053
Form V000A
Page 2
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
06/11/2010 — CV2010004447 NORTON, NICHOLAS 06/11/2010 HON. JOHN REA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/14/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-004447
06/11/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
MATTHEW THILL
WILLIAM A KOZUB
v.
NICHOLAS NORTON, et al.
NICHOLAS NORTON
8068 S STEPHANIE LN #64
TEMPE AZ 85284
CHAD PHILIP MIESEN
MINUTE ENTRY
The Court is in receipt of Plaintiff’s Motion for Summary Disposition re: Motion to
Consolidate Actions. A review of the court file indicates that CV2010-004447 and CV2010-
011324 were consolidated by minute entry dated June 2, 2010. Accordingly, Plaintiff’s Motion
for Summary Disposition is moot and no action will be taken.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
