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Maricopa County Superior Court Case CV2011-006413: public docket details, parties, minute entries, documents, and official source links for Province Community Association.

Case Number

CV2011-006413

County

Maricopa

Caption

Not captured

Filed

4/7/2011

Case Type

Civil

Judge

Blanchard, John

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/07/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
02/05/2013
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
JEFFREY DUNAYER, et al.
DANIEL SCOTT BRILL
v.
MERITAGE HOMES CORPORATION, et al.
CHRISTOPHER D STICKLAND
MARK D BRADSHAW
ALTERNATIVE DISPUTE
RESOLUTION - CCC
CASE ON INACTIVE CALENDAR
Before the court is Plaintiffs’ February 2, 2013 Notice of Settlement.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on April 5,
2013. Unless a stipulated judgment or a stipulation for dismissal, along with a proposed form of
order, is submitted to the court before that date, all remaining unadjudicated claims may be
dismissed without further notice.
IT IS FURTHER ORDERED vacating the status conference set for February 7, 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/22/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
03/14/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
JEFFREY DUNAYER, et al.
DANIEL SCOTT BRILL
v.
TOUSA HOMES INC, et al.
CYNTHIA D STARKEY
CHRISTOPHER D STICKLAND
COURT ADMIN-CIVIL-ARB DESK
ORDER OF THE COURT
The Court having considered the parties’ February 6, 2012 Stipulated Motion for
Transfer from Arbitration Calendar to Trial Calendar, Request for Scheduling Conference and
Plaintiffs’ February 29, 2012 Motion to Set, and good cause appearing,
IT IS ORDERED removing this matter from the Court’s arbitration calendar and
relieving the court-appointed arbitrator from further responsibility in this matter.
On the Court’s motion,
IT IS FURTHER ORDERED that the parties shall submit a Joint Pretrial Memorandum
as set forth below.
The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order
prescribed herein. The Court may adopt or modify the discovery and disclosure schedule order
and set a scheduling conference for purposes of setting a trial date. If counsel believe that a

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
03/14/2012
Docket Code 023
Form V000A
Page 2
pretrial conference is necessary at this stage of the litigation, they should address the reasons for
the need for a pretrial conference in the first paragraph of the Joint Pretrial Memorandum.
If the parties fail to file a timely memorandum, sanctions may issue pursuant to Rule
16(f).
IT IS FURTHER ORDERED:
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b). Counsel shall prepare and file with the Court by 5 p.m. on April 20, 2012, a Joint Pretrial
Memorandum, and prepare a proposed order for Discovery and Disclosure deadlines. The
proposed order shall include dates for the following items and conform substantially with the
attached sample order.
1.
A date or dates for initial disclosures and/or to supplement disclosures made to
date.
2.
An initial and final date to propound written discovery requests that shall
include, as far as can reasonably be anticipated, any and all medical examinations
which may be required of any of the parties; the person or persons to conduct such
examinations; and all tangible evidence to be disclosed or exchanged.
3.
A date for the initial and final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.
4.
A date for the initial and final disclosure of the identities, subject matter, and
reports of expert witnesses, and/or to supplement disclosures made to date.
5.
A date for completion of all depositions.
6.
A date by which any motions to amend the pleadings will be filed.
7.
A date by which all discovery motions will be filed.
8.
A date by which all dispositive or partially-dispositive motions shall be filed.
9.
A proposed date for a Mandatory Settlement Conference pursuant to Rule
16.1. Alternatively, the parties may propose a deadline by which they will
participate in private mediation.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
03/14/2012
Docket Code 023
Form V000A
Page 3
10.
The anticipated length of trial.
If the parties agree as to the dates, they need only prepare, approve as to form, and submit
the proposed order attached hereto. If counsel are unable to agree on some or all of the items set
forth in the attached form of order, they shall submit their agreements in the form of the attached
form of order, and, as to any disagreements, state their separate proposals and reasons for any
disagreements. All proposed deadlines shall be set forth as calendar dates, and not in the
form “XX days before trial.”
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rules of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of courtesy, but to ensure that no party suffers
summary disposition on an issue by virtue of an extension as to which the Court is not aware.
NOTE: Effective June 25, 2012, this Division’s calendar will be assigned to the
Honorable Randall Warner (telephone number: 602-372-2966), located in the East Court
Building, 101 West Jefferson, Suite 512, Phoenix, Arizona 85003.
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
03/14/2012
Docket Code 023
Form V000A
Page 4
[Proposed] Scheduling Order
The Court having received the parties’ Joint Comprehensive Pretrial Conference
Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
(1)
Initial disclosures shall be exchanged by: (MM/DD/YYYY)
(2)
Written discovery shall be propounded by: (MM/DD/YYYY)
(3)
Written discovery shall be completed by: (MM/DD/YYYY)
(4)
Final non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(6)
Plaintiff’s final expert disclosures shall be served by: (MM/DD/YYYY)
Defendant’s final expert disclosures shall be exchanged by: (MM/DD/YYYY)
Rebuttal expert disclosures shall be exchanged by: (MM/DD/YYYY)
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
All discovery motions shall be filed by: (MM/DD/YYYY)
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
Dispositive Motions shall be filed by: (MM/DD/YYYY)
(11)
The parties remaining in this action shall participate in private mediation by
(MM/DD/YYYY). OR The parties remaining in this action shall participate in a
Mandatory Settlement Conference (ADR) by (MM/DD/YYYY) (Note: only one
of the preceding two options shall be included in the proposed order.)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
03/14/2012
Docket Code 023
Form V000A
Page 5
(12)
The following number of days will be required to pick a jury and try this matter:
____
(13)
The provisions of subsections (a) through (g) of Rule 38.1, ARCP, shall not apply
to this proceeding.
IT IS FURTHER ORDERED setting a telephonic Status Conference on [counsel to
leave this date blank] (time allotted: 15 minutes), in this Division. Plaintiff’s counsel shall
initiate the conference call to this Division at 602-506-3963. All persons appearing shall appear
on land lines and not on cellular phones, and shall not use the speakerphone features of their
telephones, in order to maximize all participants’ ability to hear and be heard. Additionally,
counsel shall have their calendars available for this proceeding.
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Any party may request the presence of a court reporter by contacting this division
(602-506-3963) three (3) court business days before the scheduled hearing.
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 regarding the
history and status of the case and efforts at Alternative Dispute Resolution pursuant to ARCP
Rule 16(g).
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel
shall use good faith efforts to meet and confer in person or by telephone. If such conference is
unsuccessful, counsel are strongly urged to initiate a conference call with this Division to give it
an opportunity to attempt to decide the issues without the expense and delay of filing a motion to
compel or motion for protective order.

MOTIONS: Counsel are directed to send a copy of case or other authority (except
Arizona state appellate cases) referred to in a pleading to this Division at the time the pleading is
filed.
DATED:

_______________________________
Hugh E. Hegyi
JUDGE OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/19/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
06/15/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
JEFFREY DUNAYER, et al.
DANIEL SCOTT BRILL
v.
TOUSA HOMES INC, et al.
CHRISTOPHER D STICKLAND
ALTERNATIVE DISPUTE
RESOLUTION - CCC
ORDER OF THE COURT
Pursuant to the June 12, 2012 Scheduling Order, electronically signed by the Court,
IT IS ORDERED the parties shall participate in a mandatory settlement conference no
later than December 14, 2012. This case is hereby referred to the Court’s Alternative Dispute
Resolution Department for the appointment of a judge pro tempore to conduct a settlement
conference. Counsel and/or the parties will receive a minute entry from ADR appointing
the judge pro tempore. Counsel and any “pro per” parties will contact the appointed judge pro
tempore to arrange the date, time, and location for the settlement conference. The Office of
Alternative Dispute Resolution will not do the scheduling of the settlement conference so please
do not contact that office.
All counsel and their clients, or non-lawyer representatives who have full and complete
authority to settle the case, shall personally appear and participate in good faith in the Settlement
Conference. Sanctions may be imposed for failure to participate.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
06/15/2012
Docket Code 023
Form V000A
Page 2
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 ***
07/10/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
07/06/2012
Docket Code 016
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
JEFFREY DUNAYER, et al.
DANIEL SCOTT BRILL
v.
TOUSA HOMES INC, et al.
MERITAGE HOMES CORPORATION
NO ADDRESS ON RECORD
CHRISTOPHER D STICKLAND
EXTENSION OF TIME FOR FILING GRANTED
Before the court is the parties’ June 26, 2012 Stipulation for Extension of Time for
Plaintiff[s] to File a Response to Defendants’ Motion for Summary Judgment. Good cause
appearing,
IT IS ORDERED granting the parties’ stipulation and extending to July 31, 2012, the
date by which Plaintiffs shall file their response to Defendants’ May 24, 2012 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/04/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
08/02/2011
Docket Code 906
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
JEFFREY DUNAYER, et al.
RICHARD G HUTCHISON
v.
TOUSA HOMES INC, et al.
JAMES K KLOSS
CHRISTOPHER D STICKLAND
COURT ADMIN-CIVIL-ARB DESK
RESPONSE AND REPLY TIMES SET
The Court having considered Defendants Province Community Association and
Associated Asset Management the Management Company’s July 6, 2011 Controverting
Certificate of Arbitration,
On the Court’s motion,
IT IS ORDERED Plaintiffs shall respond to the Controverting Certificate within 20 days
of the entry (filing date) of this minute entry. Defendants may reply within 5 days thereafter.
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 ***
08/31/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
08/29/2011
Docket Code 350
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
JEFFREY DUNAYER, et al.
RICHARD G HUTCHISON
v.
TOUSA HOMES INC, et al.
JAMES K KLOSS
CHRISTOPHER D STICKLAND
COURT ADMIN-CIVIL-ARB DESK
TRANSFER TO ARBITRATION
The Court having considered Defendants Province Community Association and
Associated Asset Management the Management Company’s July 6, 2011 Controverting
Certificate of Arbitration (hereafter referred to as the “Controverting Certificate”); having by its
August 2, 2011 Minute Entry ordered that Plaintiffs respond to the Controverting Certificate
within 20 days; and no response having been received,
IT IS ORDERED deeming Plaintiffs’ failure to respond as their consent to the Court
sustaining the Controverting Certificate, pursuant to Rule 7.1(b), ARCP.
IT IS FURTHER ORDERED sustaining the objection contained in the Controverting
Certificate, finding that this matter IS subject to mandatory arbitration, and referring this matter
to the Arbitration Clerk for the assignment of an arbitrator.
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 ***
09/05/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
08/31/2012
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
JEFFREY DUNAYER, et al.
DANIEL SCOTT BRILL
v.
TOUSA HOMES INC, et al.
MERITAGE HOMES CORPORATION
NO ADDRESS ON RECORD
CHRISTOPHER D STICKLAND
ORAL ARGUMENT SET
Oral argument having been requested,
IT IS ORDERED setting oral argument on Defendants Province Community
Association and Associated Asset Management the Management Company’s May 24, 2012
Motion for Summary Judgment for September 27, 2012 at 1:30 p.m. in this division.
The Honorable Randall H. Warner
Maricopa County Superior Court
East Court Building
101 W. Jefferson
5th Floor, Courtroom 512
Phoenix, AZ 85003
Phone: 602-372-2966
Fax: 602-372-8746

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
08/31/2012
Docket Code 094
Form V000A
Page 2
Oral argument shall be limited to thirty (30) minutes with the time divided equally
between the sides. Counsel and the parties, if representing themselves, are to appear in person.
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Any party may request the presence of a court reporter by contacting this division
(602-372-2966) three (3) court business days before the scheduled hearing.
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 ***
10/01/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
09/27/2012
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
JEFFREY DUNAYER, et al.
DANIEL SCOTT BRILL
v.
TOUSA HOMES INC, et al.
MERITAGE HOMES CORPORATION
NO ADDRESS ON RECORD
CHRISTOPHER D STICKLAND
HEARING
Courtroom: ECB-512
1:31 p.m. This is the time set for oral argument regarding Defendants Province
Community Association and Associated Asset Management the Management Company, LLC’s
May 24, 2012 Motion for Summary Judgment. Plaintiffs Jeffrey Dunayer and Shelia Dunayer
are represented by Counsel Daniel Scott Brill. Defendants Province Community Association and
AAM, LLC (dba Associated Asset Management the Management Company, LLC) are
represented by Counsel Christopher D. Stickland. No other party is present or represented.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The court discloses to Plaintiffs’ counsel a recent instance in which Mr. Stickland
represented the judge in a personal matter. The court does not believe this disclosure requires
recusal, but will give Plaintiffs’ counsel an opportunity to file a motion if he deems it necessary.
Plaintiffs’ counsel advises the court that he does not object to the court presiding over this
matter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
09/27/2012
Docket Code 005
Form V000A
Page 2
Oral argument is presented on the pending Motion for Summary Judgment.
IT IS ORDERED denying Defendants’ Motion for Summary Judgment for the reasons
set forth on the record.
The status of the case is briefly discussed.
1:49 p.m. Matter concludes.
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 ***
11/09/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
11/05/2012
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
JEFFREY DUNAYER, et al.
DANIEL SCOTT BRILL
v.
TOUSA HOMES INC, et al.
MERITAGE HOMES CORPORATION
NO ADDRESS ON RECORD
CHRISTOPHER D STICKLAND
CONFERENCE RESET
The court being informed that the parties have a settlement conference scheduled for
January 17, 2013,
IT IS ORDERED vacating the telephonic status conference set for January 3, 2013 and
resetting same for February 7, 2013 at 8:30 a.m. (time allotted: 15 minutes) in this division for
the purpose of setting trial. Plaintiffs’ counsel shall initiate the conference call to this division at
602-372-2966. All persons appearing shall appear on land lines and not on cellular phones, and
shall not use the speakerphone features of their telephones, in order to maximize all participants’
ability to hear and be heard. Counsel shall have their calendars available for this proceeding.
IT IS FURTHER ORDERED that in no less than five (5) days prior to the status
conference set herein, the parties shall submit a joint status report to the court that includes (1) a
very brief description of the case; (2) the status of discovery and other pertinent matters; (3) a list
of pending motions or other matters, whether at issue or not; (4) the status of alternative dispute
resolution; (5) when the parties anticipate the case will be ready for trial; and (6) how many trial
days the parties estimate will be needed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-006413
11/05/2012
Docket Code 083
Form V000A
Page 2
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Any party may request the presence of a court reporter by contacting this division
(602-372-2966) three (3) court business days before the scheduled hearing.
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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