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Maricopa County Superior Court Case CV2011-019190: public docket details, parties, minute entries, documents, and official source links for Mandalay At South Mountain Homeowners Association Inc.

Case Number

CV2011-019190

County

Maricopa

Caption

Not captured

Filed

10/27/2011

Case Type

Civil

Judge

Julian, Melissa

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/21/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
02/20/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert
Deputy
STEPHEN F SURFACE
HENRY ALZATE
v.
MANDALAY AT SOUTH MOUNTAIN H O A,
et al.
RYAN J MCCARTHY
JOINT PRETRIAL MEMORANDUM AND PROPOSED SCHEDULING ORDER
The Court has received and reviewed the Motion to Set and Certificate of Readiness and
the Motion for an Order to Appoint a Judge Pro Tem to Preside at a Settlement Conference and
to Require the Parties to Participate in a Settlement Conference, both filed by Plaintiff.
IT IS ORDERED as follows:
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 March 22,
2013, a Joint Pretrial Memorandum, and a proposed 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
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 2011-019190
02/20/2013
Docket Code 023
Form V000A
Page 2
The proposed Order shall include specific dates (“December 5, 2008” 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 filed in, except for the date of the Scheduling and Status Conference,
as indicated. 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 Pretrial Memorandum and each shall
prepare a separate proposed Order.
The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order. If
all is in order, the Court will set a scheduling and status conference close to the discovery cutoff
date. At the scheduling and 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. There will be no telephonic appearances at the status conference without prior Court
approval. Counsel who will be the trial lawyers in the case may appear telephonically with their
trial calendars. 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 Joint Pretrial Memorandum.
If a Joint Pretrial Conference Memorandum and proposed Scheduling Order are not
timely submitted, the Court will place the matter back on the Inactive Calendar for dismissal.
SCHEDULING ORDER LANGUAGE:
The Court has received and reviewed the parties’ Joint Pretrial 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*.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
02/20/2013
Docket Code 023
Form V000A
Page 3
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*.
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*;
OR

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
02/20/2013
Docket Code 023
Form V000A
Page 4
b.
REFERRAL TO ADR FOR SETTLEMENT CONFERENCE
Counsel shall endorse the Court’s Alternative Dispute Resolution Office
The parties shall participate in a Mandatory Settlement Conference. This case is
referred to the Court's Office of Alternative Dispute Resolution 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 judge pro tempore is requested to
conduct a settlement conference not later than * _______________, 2008. 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 no later
than 5:00 p.m. on * ______________, 2008.
IT IS ORDERED that the parties shall simultaneously submit confidential
memoranda to the Judge Pro Tempore at least 5 days prior to the date set for Settlement
Conference.
All counsel 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 Settlement Conference, even if no settlement is expected.
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
________, 200*.
11. A scheduling and status conference is set for the purpose of assigning a trial date on
[
LEAVE DATE AND TIME BLANK ] if the case has not settled.
PLEASE NOTE: If this JOINT PRETRIAL MEMORANDUM and proposed
SCHEDULING ORDER are filed electronically, a separate minute entry will be entered
setting a SCHEDULING AND STATUS CONFERENCE for the purpose of setting a
trial date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
02/20/2013
Docket Code 023
Form V000A
Page 5
•
Counsel may appear telephonically for this conference if all counsel agree to
do so.
•
Counsel for Plaintiff shall initiate the conference call unless the parties agree
otherwise.
•
Counsel shall have their trial calendars available for the conference.
12. Should any discovery disputes arise, counsel, 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 may telephonically contact the Court to set up
a telephonic conference to discuss any remaining issues.
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 of
Ariz.R.Civ.P. are waived unless and until otherwise ordered by the Court.
A signature block shall be included on the form of proposed Scheduling Order for
the Judge’s approval.
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 ***

03/13/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-019190

03/07/2014

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert

Deputy

STEPHEN F SURFACE
HENRY ALZATE

v.

MANDALAY AT SOUTH MOUNTAIN H O A,
et al.
RYAN J MCCARTHY

STATUS CONFERENCE SET

East Court Building- Courtroom 413

11:04 a.m. This is the time set for an Oral Argument and Final Trial Management
Conference. Plaintiff is represented by counsel, Robert Ducomb. Defendant, Mandalay at South
Mountain HOA, is represented by counsel, Ryan McCarthy.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Discussion is held. The parties inform the Court that construction is ongoing. The
pending motions are held in abeyance.

IT IS ORDERED vacating the Oral Argument and Final Trial Management Conference
set for this date and the 3-day Jury Trial set for March 25, 2014.

IT IS FURTHER ORDERED setting a Telephonic Status Conference on May 19, 2014
at 9:00 a.m. (15 minutes) in this division. Counsel for Plaintiff shall initiate the conference call.

JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-019190

03/07/2014

Docket Code 028
Form V000A
Page 2

EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL

Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.

11:10 a.m. Matter concludes.

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/23/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
04/19/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert
Deputy
STEPHEN F SURFACE
HENRY ALZATE
v.
MANDALAY AT SOUTH MOUNTAIN H O A,
et al.
RYAN J MCCARTHY
ALTERNATIVE DISPUTE
RESOLUTION - CCC
STATUS CONFERENCE SET/
REFERRAL TO ADR
The Court approves and adopts the deadlines set forth in the parties’ Joint Pretrial
Memorandum filed March 22, 2013.
IT IS ORDERED setting a Telephonic Status Conference on August 27, 2013 at 9:00
a.m. (15 minutes) in this division, all in accordance with the formal written Scheduling Order
signed by the Court on April 9, 2013 and filed (entered) by the Clerk on April 19, 2013.
Counsel for Plaintiff shall initiate the conference call.
IT IS FURTHER ORDERED the parties shall participate in a Settlement Conference.
This case is referred to the Court's Office of Alternative Dispute Resolution 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 Judge Pro Tempore is requested to conduct a Settlement

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
04/19/2013
Docket Code 028
Form V000A
Page 2
Conference not later than August 16, 2013. 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 no later than
5:00 p.m. on July 5, 2013.
IT IS FURTHER ORDERED that the parties shall simultaneously submit confidential
memoranda to the Judge Pro Tempore at least 5 days prior to the date set for Settlement
Conference.
All counsel 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 Settlement Conference, even if no settlement is expected.
JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL
Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel are
directed to confer pursuant to ARCP 26(g). If such conference is unsuccessful, counsel are
directed to initiate a conference call with this Division BEFORE filing a motion to compel or
motion for protective order.
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 ***

05/22/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-019190

05/19/2014

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert

Deputy

STEPHEN F SURFACE
HENRY ALZATE

v.

MANDALAY AT SOUTH MOUNTAIN H O A,
et al.
RYAN J MCCARTHY

STATUS CONFERENCE SET

East Court Building- Courtroom 413

9:04 a.m. This is the time set for telephonic Status Conference. Plaintiff is represented by
counsel, Henry Alzate and Robert DuComb Jr.

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.

IT IS ORDERED setting an in-person Status Conference on June 2, 2014 at 9:30 a.m.
(2.5 hours) in this division.

JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-019190

05/19/2014

Docket Code 028
Form V000A
Page 2

Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.

9:23 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/05/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-019190

06/01/2014

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert

Deputy

STEPHEN F SURFACE
HENRY ALZATE

v.

MANDALAY AT SOUTH MOUNTAIN H O A,
et al.
RYAN J MCCARTHY

DISMISSAL CALENDAR

East Court Building- Courtroom 413

9:40 a.m. This is the time set for a settlement conference. Plaintiff is present and
represented by counsel, Henry Alzate. Defendant is represented by counsel, Ryan McCarthy.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Discussion is held.

9:45 a.m. Court stands at recess to conduct a settlement conference.

11:44 a.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The parties have reached a settlement in principle as stated on the record. The parties
will complete the documentation and present it to the homeowner’s association board for final
approval.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-019190

06/01/2014

Docket Code 375
Form V000A
Page 2

IT IS ORDERED placing this matter on the dismissal calendar for dismissal on
September 2, 2014, unless prior to that date a stipulated judgment or a stipulation for dismissal
along with a proposed form of Order is submitted to the Court.

IT IS FURTHER ORDERED vacating all pending hearings and deeming moot any
pending motions.

JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL

11:48 a.m. Court stands at recess.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/09/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-019190

06/06/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert

Deputy

STEPHEN F SURFACE
HENRY ALZATE

v.

MANDALAY AT SOUTH MOUNTAIN H O A,
et al.
RYAN J MCCARTHY

MINUTE ENTRY

An error having been made,

IT IS ORDERED that the Dismissal Calendar minute entry, dated 06/01/2014, docket
code 375 should have a date of 06/02/2014.

IT IS FURTHER ORDERED that the balance of the minute entry shall remain
unchanged.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/29/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
08/27/2013
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert
Deputy
STEPHEN F SURFACE
HENRY ALZATE
v.
MANDALAY AT SOUTH MOUNTAIN H O A,
et al.
RYAN J MCCARTHY
TRIAL SET
East Court Building- Courtroom 413
9:01 a.m. This is the time set for telephonic Status Conference. Plaintiff is represented by
counsel, Henry Alzate. Defendant Mandalay at South Mountain HOA is represented by counsel,
Ryan McCarthy.
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. In addition to the standard topics
noted below, the joint pretrial statement shall contain a section devoted to the procedure for
resolving the equitable and legal claims (i.e., what role will the jury play, order of trial, etc.).
IT IS ORDERED as follows:
1.
Setting a 3-day Jury Trial for January 13-15, 2014 at 9:30 a.m. in this division.
PLEASE NOTE: Trials do not proceed on Fridays as Fridays are Law and Motion
day for this division.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
08/27/2013
Docket Code 089
Form V000A
Page 2
2.
Setting a Final Pretrial Management Conference on December 19, 2013 at
8:30 a.m. (60 minutes) in this division. The Court will address whether to
proceed as a trial to the Court or as a trial to a Jury.
All parties must appear in person and may not appear telephonically.
Counsel are admonished that the Court will not likely grant continuances or enlarge the
number of days once a Trial date has been scheduled, in view of the Court’s calendar.
DUTIES PRIOR TO THE FINAL PRETRIAL CONFERENCE
MOTIONS IN LIMINE. All Motions in Limine shall be filed no later than 5:00 p.m. on
November 13, 2013 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.
JOINT PRETRIAL STATEMENT. Counsel shall deliver to the Trial Judge no later than
5:00 p.m. on December 12, 2013 a copy of the Joint Pretrial Statement signed by all counsel.
a)
Deposition Summary: In addition to the information required by
Rule 16(d), counsel shall at the Final Pretrial 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
08/27/2013
Docket Code 089
Form V000A
Page 3
JURY INSTRUCTIONS; VOIR DIRE QUESTIONS. Counsel shall meet and agree on as
many proposed jury instructions as possible. Counsel shall deliver to the Trial Judge, with their
Joint Pretrial Statement, copies of:
c) Proposed voir dire questions.
d) A joint set of agreed-upon preliminary and final jury instructions and
proposed forms of verdicts.
e) 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 3d Statement of Purpose and Approach before preparing
requests for non-RAJI instructions.
Recommended Arizona Jury Instructions (RAJI) and non-RAJI instructions should be typed
and submitted in WORD format. Each instruction should cover only one subject.
DUTIES AT FINAL PRETRIAL CONFERENCE
Counsel shall be prepared to discuss:
f)
Time limits in voir dire, opening statements, examination of witnesses
and closing arguments.
g) Stipulations for the foundation and authenticity of exhibits.
h) Preliminary jury instructions, juror notebooks (counsel shall bring any
proposed juror notebooks to the conference), mini opening statements
and voir dire.
i)
Agreed-upon deposition summaries and excerpts from deposition
transcripts and the editing of any videotaped depositions.
j)
Use of Short-Trial or Summary Jury Trial.
k) Any special scheduling or equipment issues.
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.
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.
JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
08/27/2013
Docket Code 089
Form V000A
Page 4
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL
Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.
9:10 a.m. Matter concludes.
ATTORNEYS AND ASSISTANTS
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY
•
Exhibits to be offered at trial shall be delivered no later than December 23, 2013 along
with a brief description of each exhibit to the Division’s clerk for marking. If you have
any questions regarding the guidelines set forth below or anything related to exhibits,
contact this division’s clerk at (602) 506-6928.
•
Exhibits should be submitted to the clerk in a three-ring binder, each separated by a
tabbed numbered divider. Alternatively, the parties may submit the exhibits stapled and
separated by a numbered sheet of colored paper. Either Plaintiff’s and Defendant’s
exhibits shall be submitted in the same form, either both sets in binders or both sets
separated by colored paper.
•
The list of exhibits should contain the case number and caption, the scheduled trial date,
the party submitting the exhibits, the exhibit number, and a simple description of the
exhibit. Keep the descriptions of the exhibits simple. Do not use a description that
cannot be verified by looking at the document or item. Do not include Bates numbers in
your description of the exhibits.
•
Exhibits shall be marked numerically and consecutively beginning with Plaintiff’s
exhibits and continued sequentially with Defendant’s exhibits (i.e. Plaintiff’s exhibits 1,
2, 3, Defendant’s exhibits 4, 5, 6. Do not skip numbers. Numbers will not be skipped
or saved in anticipation of additional exhibits to be submitted. Any missing or skipped
exhibits shall be designated as “Unused.” Additional exhibits, if necessary, may be
marked during the course of trial.
•
Counsel shall eliminate duplication of exhibits as duplicate exhibits will not be marked.
If duplicate exhibits exist and they are removed by the clerk and not marked, the court’s

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
08/27/2013
Docket Code 089
Form V000A
Page 5
numbering will not be consistent with the list counsel provide. Counsel shall, therefore,
confer regarding exhibits to insure that there are no duplicates.
•
Do not list depositions on the exhibit description list as depositions will not be marked as
exhibits. Original depositions shall be provided to the clerk at the time of trial for filing
into the court record. Counsel shall retain a copy of the depositions for their use during
the trial as the original depositions remain with the clerk to be used as reference by the
trial judge during testimony.
•
Blow-up charts and large items may only be used for demonstrative purposes. Counsel
may bring blow-up charts and large items to court to use during trial; however, if counsel
would like any blow-up charts or large items marked as an exhibit, they must provide the
clerk with an 8-1/2 x 11 photograph of the item.
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 ***
10/23/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
10/17/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert
Deputy
STEPHEN F SURFACE
HENRY ALZATE
v.
MANDALAY AT SOUTH MOUNTAIN H O A, et
al.
RYAN J MCCARTHY
ORAL ARGUMENT SET
The Court has received Defendant Mandalay HOA’s Partial Motion for Summary
Judgment on the Issue of Non-Party Mandalay Homes’ Negligence, Plaintiff’s Motion for Partial
Summary Judgment on Mandalay HOA’s Liability and Negligence, and Plaintiff’s Motion to Set
a Hearing.
IT IS ORDERED setting an Oral Argument on November 25, 2013 at 10:00 a.m. (30
minutes) in this division.
JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL
Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
10/17/2013
Docket Code 094
Form V000A
Page 2
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 ***
11/27/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
11/25/2013
Docket Code 095
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert
Deputy
STEPHEN F SURFACE
HENRY ALZATE
v.
MANDALAY AT SOUTH MOUNTAIN H O A, et
al.
RYAN J MCCARTHY
ORAL ARGUMENT RESET
Per stipulation of counsel,
IT IS ORDERED resetting the Oral Argument set for November 25, 2013 to December
19, 2013 at 1:30 p.m. in this division.
IT IS FURTHER ORDERED changing the time of the Final Pretrial Management
Conference set for December 19, 2013 to 1:30 p.m. rather than 8:30 a.m. to be heard with the
Oral Argument in this division.
IT IS FURTHER ORDERED extending the time allotted to 1.5 hours.
JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL
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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
11/25/2013
Docket Code 095
Form V000A
Page 2
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 ***
12/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
12/12/2013
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert
Deputy
STEPHEN F SURFACE
HENRY ALZATE
v.
MANDALAY AT SOUTH MOUNTAIN H O A, et
al.
RYAN J MCCARTHY
TRIAL CONTINUED/RESET
East Court Building- Courtroom 413
10:31 a.m. This is the time set for a telephonic Emergency Hearing. Plaintiff is
represented by counsel, Henry Alzate and Robert Ducomb. Defendant Mandalay at South
Mountain HOA is represented by counsel, Ryan McCarthy.
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.
IT IS ORDERED deeming withdrawn Defendant’s Motion to Dismiss Plaintiff’s Request
for Preliminary Injunction.
IT IS FURTHER ORDERED vacating Jury Trial on January 13, 2014, and resetting same
to March 25-27, 2014 at 9:30 a.m. in this division.
IT IS FURTHER ORDERED vacating Final Pretrial Conference on December 19, 2013,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
12/12/2013
Docket Code 064
Form V000A
Page 2
and resetting same to March 7, 2014 at 11:00 a.m. in this division. All pending motions will be
held in abeyance until this date.
DUTIES PRIOR TO THE FINAL PRETRIAL CONFERENCE
JOINT PRETRIAL STATEMENT. Counsel shall deliver to the Trial Judge no later
than 5:00 p.m. on February 28, 2014 a copy of the Joint Pretrial Statement signed by all
counsel.
Deposition Summary: In addition to the information required by
a)
Rule 16(d), counsel shall at the Final Pretrial 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.
Final Trial Witnesses: In addition to the information required by
b)
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.
JURY INSTRUCTIONS; VOIR DIRE QUESTIONS. Counsel shall meet and agree on
as many proposed jury instructions as possible. Counsel shall deliver to the Trial Judge, with
their Joint Pretrial Statement, copies of:
Proposed voir dire questions.
c)
A joint set of agreed-upon preliminary and final jury instructions and
d)
proposed forms of verdicts.
Separate sets of requested instructions that have not been agreed upon.
e)
Please read Rosen v. Knaub, 175 Ariz. 329; 85 P.2d 381 (1993) and the
RAJI Civil 3d Statement of Purpose and Approach before preparing
requests for non-RAJI instructions.
Recommended Arizona Jury Instructions (RAJI) and non-RAJI instructions should be

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
12/12/2013
Docket Code 064
Form V000A
Page 3
typed and submitted in WORD format. Each instruction should cover only one subject.
DUTIES AT FINAL PRETRIAL CONFERENCE
Counsel shall be prepared to discuss:
Time limits in voir dire, opening statements, examination of witnesses
f)
and closing arguments.
Stipulations for the foundation and authenticity of exhibits.
g)
Preliminary jury instructions, juror notebooks (counsel shall bring any
h)
proposed juror notebooks to the conference), mini opening statements
and voir dire.
Agreed-upon deposition summaries and excerpts from deposition
i)
transcripts and the editing of any videotaped depositions.
Use of Short-Trial or Summary Jury Trial.
j)
Any special scheduling or equipment issues.
k)
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.
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.
JUDGE MARK H. BRAIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
4th FLOOR, COURTROOM 413
PHOENIX, AZ 85003
602-372-1141 TEL
Please Note: Judge Brain’s division is now an FTR division. Any requests for a court
reporter will need to be made three (3) days prior to a hearing.
10:44 a.m. Matter concludes.
ATTORNEYS AND ASSISTANTS

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
12/12/2013
Docket Code 064
Form V000A
Page 4
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY
Exhibits to be offered at trial shall be delivered no later than March 4, 2014 along with a
•
brief description of each exhibit to the Division’s clerk for marking. If you have any
questions regarding the guidelines set forth below or anything related to exhibits, contact
this division’s clerk at (602) 372-3189.
Exhibits should be submitted to the clerk in a three-ring binder, each separated by a
•
tabbed numbered divider. The parties may submit them stapled and separated by a sheet
of colored paper. Both Plaintiff and Defendant’s exhibits shall be submitted in the
same form, either both separated by colored paper or both sets in binders.
The list of exhibits should contain the case number and caption, the scheduled trial date,
•
the party submitting the exhibits, the exhibit number, and a simple description of the
exhibit. Keep the descriptions of the exhibits simple. Do not use a description that
cannot be verified by looking at the document or item. Do not include Bates numbers in
your description of the exhibits.
Exhibits shall be marked numerically and consecutively beginning with Plaintiff’s exhibits
•
and continued sequentially with Defendant’s exhibits (i.e. Plaintiff’s exhibits 1, 2, 3,
Defendant’s exhibits 4, 5, 6. Do not skip numbers. Numbers will not be skipped or
saved in anticipation of additional exhibits to be submitted. Any missing or skipped
exhibits shall be designated as “Unused.” Additional exhibits, if necessary, may be
marked during the course of trial.
Counsel shall eliminate duplication of exhibits as duplicate exhibits will not be marked. If
•
duplicate exhibits exist and they are removed by the clerk and not marked, the court’s
numbering will not be consistent with the list counsel provide. Counsel shall, therefore,
confer regarding exhibits to insure that there are no duplicates.
Do not list depositions on the exhibit description list as depositions will not be marked as
•
exhibits. Original depositions shall be provided to the clerk at the time of trial for filing
into the court record. Counsel shall retain a copy of the depositions for their use during
the trial as the original depositions remain with the clerk to be used as reference by the
trial judge during testimony.
Blow-up charts and large items may only be used for demonstrative purposes. Counsel
•
may bring blow-up charts and large items to court to use during trial; however, if counsel

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-019190
12/12/2013
Docket Code 064
Form V000A
Page 5
would like any blow-up charts or large items marked as an exhibit, they must provide the
clerk with an 8-1/2 x 11 photograph of the item.
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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