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Maricopa County Superior Court Case CV2010-022683: public docket details, parties, minute entries, documents, and official source links for Jones Skelton And Hochuli Attn Eric L Walerg.

Case Number

CV2010-022683

County

Maricopa

Caption

Not captured

Filed

7/27/2010

Case Type

Civil

Judge

Blaney, Scott

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/12/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
01/09/2012
Docket Code 095
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
K. Gilmet/M. Sahli
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
ORAL ARGUMENT RESET
MINUTE ENTRY
On the Court’s own motion,
IT IS ORDERED vacating the Oral Argument Hearing regarding Desert Hospitalists’
Motion for Partial Summary Judgment and St. Joseph’s Hospital and Medical Centers Joinder set
for March 16, 2012 at 11:00 a.m. and resetting same for March 14, 2012 at 8:30 a.m. (allotted
time: 1 hour) in this division.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative
Order 2011-87 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/20/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
01/18/2011
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
S. Yoder
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
ORDER TO FILE JOINT PROPOSED SCHEDULING ORDER
The Court has reviewed Plaintiffs’ Request for Rule 16(c) Comprehensive Pretrial
Conference filed on January 13, 2011. Accordingly,
IT IS HEREBY ORDERED as follows:
Counsel and/or the parties are to meet personally to discuss all of the matters set forth in
Rule 16(b), Ariz.R.Civ.P. Counsel and/or the parties shall prepare and file with the Court on or
before 5:00 p.m. on February 18, 2011 a Joint Proposed Scheduling Order for discovery,
motion, and disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form attached hereto,
containing the provisions which are applicable to their case. For example, paragraph one 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
their expert witnesses, they need not include in their proposed Order the language set forth in
paragraph 2a. and b., below.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
01/18/2011
Docket Code 023
Form V000A
Page 2
The proposed Order shall include specific dates (June 5, 2010 rather than “45 days from
close of discovery”). Do not incorporate a firm trial date in the proposed Order.
If counsel 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 proposed Order.
The Court will review the proposed Scheduling Order. If all is in order, the Court will set
a status conference close to the discovery cutoff date. At the 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 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 proposed Scheduling Order.
If a Joint proposed Scheduling Order is not timely submitted, the Court will place the
matter back on the Inactive Calendar for dismissal.
NOTE: This Court utilizes FTR for an electronic record of the proceedings. However,
any party may request the presence of a court reporter by contacting the division three (3) court
business days before the scheduled hearing.
THE HONORABLE GARY E. DONAHOE
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON STREET
5TH FLOOR, COURTROOM 511
PHOENIX, ARIZONA 85003
602-506-3712 TEL
602-506-6648 FAX
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
01/18/2011
Docket Code 023
Form V000A
Page 3
[PROPOSED]
SCHEDULING ORDER
The Court has reviewed the parties’ Joint Proposed Scheduling Order and adopts and/or
modifies the days as follows:
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 20___. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
20___.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
20___.
2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 20___. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 20___.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 20___.
3. Any and all discovery requests shall be served by 5:00 p.m. on ________, 20___.
4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 20___.
[or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
20___.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 20___.
5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 20___.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
01/18/2011
Docket Code 023
Form V000A
Page 4
6. All discovery shall be concluded by 5:00 p.m. on ________, 20___.
7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 20___. 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):
The parties shall participate in private mediation by 5:00 p.m. on ________, 20___;
OR
The parties shall participate in a mandatory Settlement Conference and this matter is
referred to the court's Alternative Dispute Resolution for the appointment of a judge
pro tempore to conduct a settlement conference. Counsel and any "pro per" parties
will contact the appointed judge pro tempore to arrange the time and location for the
settlement conference. The judge pro tempore is requested to conduct a settlement
conference not later than ________, 20___. The Office of Alternative Dispute
Resolution will not do the scheduling of the settlement conference so please do not
contact that office. If counsel prefer to use a private mediator to conduct the
Settlement Conference, a Stipulation and Order re: Alternative to ADR must be
presented to the Court by 5:00 p.m. on ________, 20___.
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. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
________, 20___.
11. A Telephonic Pretrial Status/Scheduling Conference is set for ________________
at __________a.m./p.m. for the purpose of assigning a trial date if the case has not
settled. Counsel shall have their trial calendars available. Counsel for Plaintiff shall
initiate the telephonic conference by first arranging the presence of all other counsel
on the conference call and by calling this division at: (602) 506-3712 promptly at the
scheduled time.
NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
01/18/2011
Docket Code 023
Form V000A
Page 5
contacting the division three (3) court business days before the scheduled
hearing.
12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P.
13. 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.
14. This case is removed from the Inactive Calendar and all requirements of Rule 38.1,
Ariz.R.Civ.P., are waived unless and until otherwise ordered by the Court.
Date: ___________________
___________________________________
Gary E. Donahoe
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/16/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
03/14/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
M. Sahli
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
MINUTE ENTRY
8:30 a.m. This is the time set for Oral Argument re Defendant Desert Hospitalists, P.C.’s
Motion for Partial Summary Judgment re: Purported Vicarious Liability Claims for the Alleged
Conduct of Vance Julian, M.D. and Defendant Catholic Healthcare West’s Joinder in that
Motion. Plaintiffs are represented by counsel, Burton Rosenblatt. Defendant Gurathi, Simms
and Arizona Otolaryngology Consultants are represented by counsel, Gordon Clevenger.
Defendants Catholic Healthcare West, Jeremy Hopkin and Bradley Mullen are represented by
counsel, Dina Anagnopouls. Defendants Desert Hospitalists and Lindley Bliss are represented
by counsel, Mary Pryor.
Court reporter, Marylynn LeMoine is present.
Argument is presented to the Court.
For the reasons stated on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
03/14/2012
Docket Code 023
Form V000A
Page 2
IT IS ORDERED granting Defendant Catholic Healthcare West’s Motion for Partial
Summary Judgment.
IT IS FURTHER ORDERED taking Defendant Desert Hospitalists’ Motion for Partial
Summary Judgment under advisement.
9:39 a.m. Matter concludes.
LATER:
Pursuant to the matters presented to the Court,
IT IS ORDERED granting Defendant Desert Hospitalists, P.C.’s Motion for Partial
Summary Judgment re Purported Vicarious Liability Claims for the Alleged Conduct of Vance
Julian, M.D.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/21/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
03/20/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
M. Sahli
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
MINUTE ENTRY
The Court has received and reviewed Defendants Gujrathi’s Motion to Quash Plaintiff’s
Subpoena to AT&T Cellular Subpoena Center Dated February 7, 2012, the Response and the
Reply. No oral argument is necessary.
IT IS ORDERED denying Defendants’ Motion to Quash.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/12/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
07/11/2011
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. ANDREW G. KLEIN
C. Vila
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
GORDON K CLEVENGER
MARY G PRYOR
ANDREW E ROSENZWEIG
JURY TRIAL SET
Courtroom OCH 103
9:05 a.m. This is the time set for Pretrial Status and Scheduling Conference. Counsel
Burton Rosenblatt appears telephonically on behalf of Plaintiffs Barbara and Paul Kertman.
Counsel Gordon Clevenger appears telephonically on behalf of Defendants Chetan Gujrathi,
M.D., David L. Simms, M.D. and Arizona Otolaryngology Consultants. Counsel Andrew E.
Rosenzweig appears telephonically on behalf of Defendants St. Joseph’s Hospital and Medical
Center, Jeremy Hopkin, M.D., and Bradley Mullen, M.D. Counsel Henry Timmerman for Mary
G. Pryor appears telephonically on behalf of Defendants Lindley T. Bliss, M.D. and Desert
Hospitalists.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the status of the case and the setting of a trial date.
Based on the discussion,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
07/11/2011
Docket Code 089
Form V000A
Page 2
IT IS ORDERED setting this matter for a 12-day Jury Trial beginning on September
10, 2012 at 9:30 a.m.
NOTE: Judge Michael Herrod will be assuming this calendar as of July 25, 2011.
THE HONORABLE MICHAEL HERROD
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING, SUITE 9C
COURTROOM 903
201 WEST JEFFERSON
PHOENIX AZ 85003
Trial days are Monday through Thursday.
NOTE: This Court utilizes FTR for an electronic record of the proceedings. However, any party
may request the presence of a court reporter by contacting the division three (3) court business
days before the scheduled hearing.
IT IS FURTHER ORDERED setting this matter for a Final Trial Management
Conference for August 13, 2012 at 10:00 a.m. (time allotted: two hours) before Judge Herrod.
All counsel must appear in person and cannot appear telephonically.
9:15 a.m. Matter concludes.
Based upon the foregoing trial setting,
IT IS FURTHER ORDERED as follows:
DUTIES PRIOR TO THE PRETRIAL MANAGEMENT CONFERENCE
1. MOTIONS IN LIMINE. All motions in limine shall be filed no later than 5:00 p.m.
on July 24, 2012, and 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). A written response to a motion in limine may be filed no later
than ten (10) calendar days thereafter. The Court may rule on motions in limine without
oral argument. No replies shall be filed. The parties must comply with Rule 7.2(a)
Ariz.R.Civ.P., prior to filing any motion in limine. Any motion in limine filed without
the movant having first complied with Rule 7.2(a), will be stricken by the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
07/11/2011
Docket Code 089
Form V000A
Page 3
2. JOINT PRETRIAL STATEMENT. Counsel shall file with the Court no later than
5:00 p.m. on August 6, 2012, a Joint Pretrial Statement signed by all counsel.
a) Deposition Summary: In addition to the information required by Rule
16(d), counsel shall at the Pretrial Management Conference provide to
the Court copies of any deposition transcripts to be read to the jury. The
offering party will highlight the portions to be read, the other side will
highlight Rule 106 additions, and any objections for the court to rule on
will be clearly marked in the margin. The parties are encouraged to
agree on narrative summaries of deposition testimony, using brief
question and answer excerpts only to emphasize very important
testimony or to cover areas of testimony that cannot be summarized to
the satisfaction of all counsel. No stipulation should be unreasonably
refused.
b) Final Trial Witnesses: In addition to the information required by Rule
16(d), the Joint Pretrial Statement shall include an exhibit titled: Final
Trial Witness List. This list shall contain the name of each witness a
party actually intends to call at trial, the day on which they intend to call
each witness and the estimated time needed for direct, cross and re-direct
examination.
3. JURY INSTRUCTIONS; VOIR DIRE QUESTIONS. Counsel shall meet and agree
on as many proposed jury instructions as possible. Counsel shall file with the Court,
with their Joint Pretrial Statement, copies of:
a) Proposed voir dire questions.
b) A joint set of agreed-upon preliminary and final jury instructions and
proposed forms of verdicts.
c) Separate sets of requested instructions that have not been agreed upon.
Please read Rosen v. Knaub, 175 Ariz. 329; 85 P.2d 381 (1993) and the
RAJI Civil 4th Statement of Purpose and Approach before preparing
requests for non-RAJI instructions.
Recommended Arizona Jury Instructions (RAJI) need not be typed and may be requested in
the following manner: RAJI 4th Standard 1 - Duty of Jurors. Non-RAJI instructions should be
typed. Each instruction should cover only one subject.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
07/11/2011
Docket Code 089
Form V000A
Page 4
Any jury instructions not filed with the Court together with the Joint Pretrial Statement will
be deemed waived by the Court, unless the Court concludes that good cause exists for the untimely
submission.
DUTIES AT PRETRIAL MANAGEMENT CONFERENCE
4. At the Pretrial Management Conference, counsel shall be prepared to discuss:
a) Time limits in voir dire, opening statements, examination of witnesses
and closing arguments.
b) Stipulations for the foundation and authenticity of exhibits.
c) Preliminary jury instructions, juror notebooks (counsel shall bring any
proposed juror notebooks to the conference), mini opening statements
and voir dire.
d) Agreed-upon deposition summaries and excerpts from deposition
transcripts and the editing of any videotaped depositions.
e) Use of short-trial or summary jury trial.
f)
Any special scheduling or equipment issues.
5. Counsel shall contact the Division no later than August 27, 2012 to make arrangements
with the courtroom clerk for delivering exhibits. The exhibits will be marked serially as
they are listed in the Joint Pretrial Statement – Plaintiff's first, Defendant's second.
Please advise the clerk, by signed stipulation or on the record referring specifically to the
Joint Pretrial Statement, which exhibits may be marked directly into evidence. Prior to
presenting the exhibits to the clerk, counsel shall also meet and confer to eliminate any
duplicate exhibits.
The Court requires one set of exhibits to be marked and a second set in a binder
for the Judge’s use during the trial.
6. One day's jury fees will be assessed unless the court is notified of settlement before
2:00 p.m. on the judicial day before the trial. Counsel are reminded to promptly notify
the court of any settlement pursuant to Rule 5.1(c), Ariz.R.Civ.P.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
07/11/2011
Docket Code 089
Form V000A
Page 5
7. 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.
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/24/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
07/23/2012
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
M. Sahli
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
MINUTE ENTRY
The Court, having reset Trial in this matter by signed order, issues the following orders
regarding trial in this division.
IT IS ORDERED setting a Final Trial Management Conference and Hearing on
Motions in Limine in this division for January 11, 2013 at 8:30 a.m. with counsel to appear
in person.
THE HONORABLE MICHAEL J. HERROD
Maricopa County Superior Court
101 W. Jefferson – Courtroom 411
Phoenix, AZ 85003
(602) 372-0359
The Joint Pretrial Statement in accordance with Rule 16(d), A.R.C.P., is due by
5:00 p.m., five (5) days prior to the Final Trial Management Conference. In addition to the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
07/23/2012
Docket Code 064
Form V000A
Page 2
information required by Rule 16(d), counsel are to identify in/with the joint pretrial statement all
deposition or other transcribed testimony that may be offered at trial. The proposed testimony is
to be identified by reference to page and line numbers. Objections, if any, to such testimony, and
the reasons for such objections, are also to be set forth.
The Joint Pretrial Statement should include:
•
A stipulated statement, written in layman’s terms, to be read to the jury;
•
Proposed voir dire questions;
•
This Court orders that voir dire will be terminated immediately upon any
attorney arguing his/her case, seeking commitments, interjecting prejudicial or
irrelevant matters or wasting time.
Voir dire is limited to questions revealing attitudes, biases and beliefs that cannot
be overcome with rehabilitation.
•
A joint list of agreed-upon preliminary and final jury instructions. All proposed
jury instructions must be completely written out (not just referred to by their
RAJI numbers) and submitted by e-mail in Microsoft Word 2003 to
[email protected]..
Any requested jury instructions that have been objected to shall also be submitted
by e-mail following those agreed upon, along with the legal reasons for the
objections. Please read Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381 (1993); and
the RAJI Civil 3d Statement of Purpose and Approach before preparing the
request for non-RAJI instructions.
•
Any trial memoranda (optional), which will be in lieu of post-trial briefs unless
otherwise requested by the Court at the conclusion of the trial.
•
Proposed Findings of Fact and Conclusions of Law (if a request for Findings of
Fact and Conclusions of Law has been or will be filed). If no proposed Findings
of Fact and Conclusions of Law is received, the request shall be deemed waived.
•
Counsel shall provide a list of all the witnesses and exhibits, designating those
which are stipulated to, and providing legal objections to those exhibits not
agreed upon.
•
The number of jurors, including alternates needed.
IT IS FURTHER ORDERED that no less than thirty (30) days prior to the Final
Pre-Trial Management Conference, counsel (or the parties) shall file: Motions in limine,
which must meet the test of State v. Superior Court, 108 Ariz. 396, 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." Written responses to a motion in limine may be filed no later than ten

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
07/23/2012
Docket Code 064
Form V000A
Page 3
(10) days after receipt of the motion in limine. There are to be no replies filed. Counsel shall
meet and confer to identify disputed evidentiary issues that are anticipated to be the subject of
motions in limine. If the parties’ Motions contain citations to out-of-state cases, that party
shall provide the Court with copies of those cases.
IT IS FURTHER ORDERED that all documents and pleadings described above shall
be delivered or telefaxed to opposing counsel on the date they are delivered to the Court.
IT IS FURTHER ORDERED setting this matter for Trial to a Jury in this division for
February 4, 2013 at 9:30 a.m.
Judge MICHAEL J. HERROD
Maricopa County Superior Court
East Court Building
101 W. Jefferson, Courtroom 411
Phoenix, Arizona 85003
(602) 372-0359
(Allotted time: 12 days)
Trial days in this division are Monday through Thursday.
Counsel are advised that 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, Ariz.R.Civ.P.
With respect to discovery disputes, counsel are also advised that, as the Court interprets
Civil 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.
IT IS FURTHER ORDERED:
Marking exhibits. Counsel shall present all exhibits with a list of exhibit descriptions to
the Clerk of this Court no less than ten (10) judicial days before trial. The exhibits will be
marked serially as they are listed in the pretrial statement - Plaintiff's first, Defendant's second.
Counsel shall make sure that the clerk does not receive duplicate exhibits from Plaintiff and
Defendant. Counsel shall also present original depositions for filing at that time. Original

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
07/23/2012
Docket Code 064
Form V000A
Page 4
depositions are provided to the clerk for the record and are not marked as exhibits. Please
advise the Clerk, referring specifically to the pretrial statement, which exhibits may be
marked directly in evidence. The division clerk should be contacted directly regarding exhibits
at (602) 506-7504.
IT IS ORDERED that counsel advise the Court of any need for an interpreter at the
Final Pretrial Management Conference.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings
for a $20.00 charge. If a CD 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.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
07/23/2012
Docket Code 064
Form V000A
Page 5
WITNESS INFORMATION FORM
WITNESSES FOR PLAINTIFF(S)
WITNESS NAME
DIRECT
CROSS
DIRECT & CROSS TOTAL:_________________
WITNESSES FOR DEFENDANT(S)
WITNESS NAME
DIRECT
CROSS
DIRECT & CROSS TOTAL:_______________
TOTAL WITNESS TIME ESTIMATE:___________________________

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/28/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
09/27/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
M. Sahli
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
MINUTE ENTRY
On the Court’s own Motion,
IT IS ORDERED setting a telephonic Status Conference for October 6, 2011 at
8:30 a.m. with Plaintiff to initiate call to this Division, telephone number 602-372-0359.
IT IS FURTHER ORDERED that 3 days prior to the Status Conference, the parties
shall submit a written Joint Notice of Statement of the Case indicating the following:
•
The status of the case;
•
Compliance with the Court’s deadlines,
•
Issue(s) that they have resolved; and
•
Any problems or motions to address.
Suggestions to conference call attendees calling from outside the court system:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
09/27/2011
Docket Code 028
Form V000A
Page 2
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.
Counsel are advised that 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, Ariz.R.Civ.P.
With respect to discovery disputes, counsel are also advised that, as the Court interprets
Civil 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.
PLEASE NOTE: This courtroom is not an E-Courtroom and the division does not have
an assigned 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.
NOTE: The parties are advised that failure to appear at a hearing may result in sanctions,
including a Default Judgment.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/07/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
10/06/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
M. Sahli
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
MINUTE ENTRY
8:32 a.m. In chambers. This is the time set for Telephonic Status Conference. All
parties appear telephonically. Plaintiffs are represented by counsel, Burton Rosenblatt.
Defendant Gujrathi, Simms and Arizona Otolaryngology are represented by counsel, Gordon
Clevenger. Defendants St. Joseph’s Hospital, Hopkin and Mullen are represented by counsel,
Andrew Rosenzweig. Defendants Bliss and Desert Hospitalists are represented by counsel, Mary
Pryor.
No court reporter is present.
Court and counsel discuss the status of the case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
10/06/2011
Docket Code 028
Form V000A
Page 2
IT IS ORDERED setting a telephonic Status Conference for February 17, 2012 at
8:45 a.m. with Plaintiff to initiate call to this Division, telephone number 602-372-0359.
IT IS FURTHER ORDERED that 3 days prior to the Status Conference, the parties
shall submit a written Joint Notice of Statement of the Case indicating the following:
•
The status of the case;
•
Compliance with the Court’s deadlines,
•
Issue(s) that they have resolved; and
•
Any problems or motions to address.
Suggestions to conference call attendees calling from outside the court system:
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.
Counsel are advised that 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, Ariz.R.Civ.P.
With respect to discovery disputes, counsel are also advised that, as the Court interprets
Civil 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.
8:45 a.m. Matter concludes.
PLEASE NOTE: This courtroom is not an E-Courtroom and the division does not have
an assigned 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
10/06/2011
Docket Code 028
Form V000A
Page 3
NOTE: The parties are advised that failure to appear at a hearing may result in sanctions,
including a Default Judgment.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/17/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
11/16/2011
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
M. Sahli
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
STATUS CONFERENCE SET
IT IS ORDERED setting a telephonic Status Conference to discuss Stipulation to Extend
Various Disclosure and Discovery Deadlines for November 28, 2011 at 8:30 a.m. with Plaintiff
to initiate call to this Division, telephone number 602-372-0359.
IT IS FURTHER ORDERED that 3 days prior to the Status Conference, the parties
shall submit a written Joint Notice of Statement of the Case indicating the following:
•
The status of the case;
•
Compliance with the Court’s deadlines,
•
Issue(s) that they have resolved; and
•
Any problems or motions to address.
Suggestions to conference call attendees calling from outside the court system:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
11/16/2011
Docket Code 028
Form V000A
Page 2
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.
Counsel are advised that 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, Ariz.R.Civ.P.
With respect to discovery disputes, counsel are also advised that, as the Court interprets
Civil 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.
PLEASE NOTE: This courtroom is not an E-Courtroom and the division does not have
an assigned 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.
NOTE: The parties are advised that failure to appear at a hearing may result in sanctions,
including a Default Judgment.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/30/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
11/28/2011
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
M. Sahli
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
MINUTE ENTRY
8:30 a.m. In chambers. This is the time set for Telephonic Status Conference. All
parties appear telephonically. Plaintiffs are represented by counsel, Burton Rosenblatt.
Defendants Gujrathi, Simms and Arizona Otolaryngology Consultants are represented by
counsel, Gordon Clevenger. Defendants St. Joseph’s Hospital, Hopkin, Mullen and Bliss are
represented by counsel, Andrew Rosenzweig. Defendant Desert Hospitalists is represented by
counsel, Mary Pryor.
No court reporter is present.
Court and counsel discuss the status of the case.
IT IS ORDERED setting Oral Argument re: Defendant Desert Hospitalists, P.C.’s
Motion for Partial Summary Judgment re: Purported Vicarious Liability Claims for the Alleged
Conduct of Vance Julian, M.D. for January 6, 2012 at 3:00 p.m. in this division. Counsel’s

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
11/28/2011
Docket Code 094
Form V000A
Page 2
arguments are limited to fifteen (15) minutes per side. If additional time is requested, counsel
shall contact the Court.
THE HONORABLE MICHAEL J. HERROD
Maricopa County Superior Court
201 W. Jefferson
Courtroom 903
Phoenix, AZ 85003
(602) 372-0359
Unless otherwise advised by the Court at oral argument, the parties should assume that
the Court has reviewed the parties’ memoranda. Accordingly, the parties should be prepared to
focus on the key issues in dispute and to answer questions from the Court.
IT IS FURTHER ORDERED setting a telephonic Status Conference for January 27,
2012 at 8:45 a.m. with Plaintiff to initiate call to this Division, telephone number 602-372-
0359.
IT IS FURTHER ORDERED that 3 days prior to the Status Conference, the parties
shall submit a written Joint Notice of Statement of the Case indicating the following:
•
The status of the case;
•
Compliance with the Court’s deadlines,
•
Issue(s) that they have resolved; and
•
Any problems or motions to address.
Suggestions to conference call attendees calling from outside the court system:
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.
Counsel are advised that 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, Ariz.R.Civ.P.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
11/28/2011
Docket Code 094
Form V000A
Page 3
With respect to discovery disputes, counsel are also advised that, as the Court interprets
Civil 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.
8:37 a.m. Matter concludes.
PLEASE NOTE: This courtroom is not an E-Courtroom and the division does not have
an assigned 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.
NOTE: The parties are advised that failure to appear at a hearing may result in sanctions,
including a Default Judgment.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/11/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
12/07/2012
Docket Code 927
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
L. Stogsdill
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
MINUTE ENTRY
The Court is advised that the case has been settled with Defendants Chetan Gurjrathi,
M.D., David L. Simms, M.D. and Arizona Otolaryngology Consultants, P.C., only.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on
February 7, 2013 as to Defendants Chetan Gurjrathis, M.D., David L. Simms, M.D., and
Arizona Otolaryngology Consultants, P.C. only, without further notice, unless prior to said
date a proper Judgment is entered or filed, a Stipulation for Dismissal is presented, or a Motion
to Set and Certificate of Readiness is filed.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/11/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-022683
12/10/2012
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
L. Stogsdill
Deputy
BARBARA KERTMAN, et al.
BURTON ROSENBLATT
v.
CHETAN GUJRATHI, et al.
RICHARD A KENT
MARY G PRYOR
ANDREW E ROSENZWEIG
INACTIVE CALENDAR

A Notice of Settlement has been received.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on
February 7, 2013 without further notice unless prior to said date Judgment is entered or filed, a
Stipulation for Dismissal is presented, or a Motion to Set and Certificate of Readiness is filed.
IT IS FURTHER ORDERED vacating the Final Trial Management Conference set for
January 11, 2013 and the jury trial (12 day) set for February 4, 2013.
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.

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