Holding HOA Boards, Attorneys, and Management Companies Accountable
Maricopa County Superior Court Case CV2011-055131
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Maricopa County Superior Court Case CV2011-055131: public docket details, parties, minute entries, documents, and official source links for Jones Skelton & Hochuli P L C.
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/18/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
01/16/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ALFRED M. FENZEL
W. Tenoever
Deputy
ARCH INSURANCE COMPANY
JOHN J BELANGER
v.
JONES SKELTON & HOCHULI P L C, et al.
CHARLES M CALLAHAN
ORDER SIGNED
IT IS ORDERED granting Plaintiff’s Motion to Associate Counsel Pro Hac Vice
electronically filed on December 5, 2012, all in accordance with the formal written Order signed
by the Court on January 15, 2013 and entered (filed) by the clerk on January 16, 2013.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
01/16/2014 — CV2011055131 & HOCHULI P L C, JONES SKELTON 01/16/2014 HONORABLE ALFRED M. FENZEL View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
01/16/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ALFRED M. FENZEL
W. Tenoever
Deputy
ARCH INSURANCE COMPANY
JOHN J BELANGER
v.
JONES SKELTON & HOCHULI P L C, et al.
CHARLES M CALLAHAN
ORDER ENTERED BY COURT
The Court has received and reviewed Plaintiff’s Request for Pretrial Status Conference
and Plaintiff’s Request for Second Comprehensive Pretrial Conference.
IT IS 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 still believe that a
pretrial conference is still 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 5:00 p.m. on February 21, 2014, a Joint
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
01/16/2014
Docket Code 023
Form V000A
Page 2
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. Once a scheduling order has been approved by the court, the 150-day
minute entry, issued by Civil Court Administration, is no longer in effect.
NOTICE: The proposed order shall be filed in Word format to conform with the court’s e-file
requirements. Any proposed order not conforming with this requirement may be rejected.
1.
An agreed upon schedule and date for completion of non-expert depositions.
As far as can reasonably be anticipated, each party shall set forth the depositions
they anticipate taking and the approximate time required for each; any and all
medical examinations which may be required of any of the parties; the person or
persons to conduct such examinations; all requests for production; and all tangible
evidence to be disclosed or exchanged.
2.
A date for the final disclosure of the identities subject matters and reports of
expert witnesses, and/or to supplement disclosures made to date.
3.
A date or dates for the initial and final disclosure of all non-expert witnesses,
and/or to supplement disclosures made to date.
4.
A date by which all written discovery will be propounded and concluded.
Further, counsel shall set forth any written discovery outstanding and a date when it
will be complete.
5.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.
6.
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. Please specify whether the parties are
requesting a referral to the court’s ADR Office or if they will proceed by private
mediation.
7.
A date for completion of all discovery, including expert discovery.
8.
A date by which all dispositive or partially-dispositive motions shall be filed.
9.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
01/16/2014
Docket Code 023
Form V000A
Page 3
If the parties agree as to the dates, they need to only prepare and submit the proposed
order attached hereto. If counsel are unable to agree on any of the items set forth in the attached
form of order, the reasons for their inability to agree shall be set forth in the Pretrial
Memorandum and each shall prepare a separate proposed order. 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 professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
01/16/2014
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)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(3)
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)
(4)
Final non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
Written discovery shall be propounded by: (MM/DD/YYYY)
(6)
Dispositive motions shall be filed by: (MM/DD/YYYY)
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
Discovery shall be completed by: (MM/DD/YYYY)
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
The parties remaining in this action shall participate in comprehensive mediation
by (MM/DD/YYYY). Please specify whether the parties are requesting a
referral to the court’s ADR Office or if they will proceed by private
mediation.
IT IS FURTHER ORDERED setting a Telephonic Status Conference in this matter on
[counsel to leave this date blank], (time allotted: 15 minutes), in this Division. Counsel for the
Plaintiff shall initiate the phone conference.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
01/16/2014
Docket Code 023
Form V000A
Page 5
Honorable Alfred M. Fenzel
Maricopa County Superior Court
Northeast Regional Court Center
18380 N. 40th St
Courtroom 102
Phoenix, AZ 85032
(602) 506-7080
IT IS FURTHER ORDERED that in no less than five days prior to the Status Conference
set herein, the parties shall report to the Court the history and status of the efforts at Alternative
Dispute Resolution.
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.
Dated:
________________________
Alfred M. Fenzel
Judge of the Superior Court
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
01/22/2014 — CV2011055131 & HOCHULI P L C, JONES SKELTON 01/22/2014 HONORABLE ALFRED M. FENZEL View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/24/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
01/22/2014
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ALFRED M. FENZEL
W. Tenoever
Deputy
ARCH INSURANCE COMPANY
JOHN J BELANGER
v.
JONES SKELTON & HOCHULI P L C, et al.
CHARLES M CALLAHAN
ORDER SIGNED
IT IS ORDERED granting the Stipulation for Dismissal with Prejudice electronically
filed on January 21, 2014, all in accordance with the formal written Order signed by the Court on
January 22, 2014 and entered (filed) by the clerk on January 22, 2014.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
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.
02/15/2013 — CV2011055131 & HOCHULI P L C, JONES SKELTON 02/15/2013 HONORABLE ALFRED M. FENZEL View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/20/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
02/15/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ALFRED M. FENZEL
W. Tenoever
Deputy
ARCH INSURANCE COMPANY
JOHN J BELANGER
v.
JONES SKELTON & HOCHULI P L C, et al.
CHARLES M CALLAHAN
ORDER SIGNED
IT IS ORDERED granting Plaintiff’s Notice of Errata Regarding Order in Re: Motion to
Associate Counsel Pro Hac Vice electronically filed on February 12, 2013, all in accordance with
the formal written Order signed by the Court on February 14, 2013 and entered (filed) by the
clerk on February 15, 2013.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
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.
03/06/2012 — CV2011055131 & HOCHULI P L C, JONES SKELTON 03/06/2012 HONORABLE ALFRED M. FENZEL View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/08/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
03/06/2012
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ALFRED M. FENZEL
W. Tenoever
Deputy
ARCH INSURANCE COMPANY
JOHN J BELANGER
v.
JONES SKELTON & HOCHULI P L C, et al.
AMY MARIE WILKINS
JEREMY E BEAL
ORDER SIGNED
IT IS ORDERED granting the Stipulation for Substitution of Counsel of Record for
Plaintiff Arch Insurance Company electronically filed on March 2, 2012, all in accordance with
the formal written Order signed by the Court on March 6, 2012 and entered (filed) by the clerk
on March 6, 2012.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
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.
10/12/2012 — CV2011055131 & HOCHULI P L C, JONES SKELTON 10/12/2012 HONORABLE ALFRED M. FENZEL View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/16/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
10/12/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ALFRED M. FENZEL
W. Tenoever
Deputy
ARCH INSURANCE COMPANY
JOHN J BELANGER
v.
JONES SKELTON & HOCHULI P L C, et al.
CHARLES M CALLAHAN
ORDER ENTERED BY COURT
The Court has received and reviewed Plaintiff’s Request for Comprehensive Pretrial
Conference.
IT IS 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 still believe that a
pretrial conference is still 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 5:00 p.m. on November 16, 2012, a
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
10/12/2012
Docket Code 023
Form V000A
Page 2
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. Once a scheduling order has been approved by the
court, the 150-day minute entry, issued by Civil Court Administration, is no longer in effect.
NOTICE: The proposed order shall be filed in Word format to conform with the court’s e-file
requirements. Any proposed order not conforming with this requirement may be rejected.
1.
An agreed upon schedule and date for completion of non-expert depositions.
As far as can reasonably be anticipated, each party shall set forth the depositions
they anticipate taking and the approximate time required for each; any and all
medical examinations which may be required of any of the parties; the person or
persons to conduct such examinations; all requests for production; and all tangible
evidence to be disclosed or exchanged.
2.
A date for the final disclosure of the identities subject matters and reports of
expert witnesses, and/or to supplement disclosures made to date.
3.
A date or dates for the initial and final disclosure of all non-expert witnesses,
and/or to supplement disclosures made to date.
4.
A date by which all written discovery will be propounded and concluded.
Further, counsel shall set forth any written discovery outstanding and a date when it
will be complete.
5.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.
6.
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. Please specify whether the parties are
requesting a referral to the court’s ADR Office or if they will proceed by private
mediation.
7.
A date for completion of all discovery, including expert discovery.
8.
A date by which all dispositive or partially-dispositive motions shall be filed.
9.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
10/12/2012
Docket Code 023
Form V000A
Page 3
If the parties agree as to the dates, they need to only prepare and submit the proposed
order attached hereto. If counsel are unable to agree on any of the items set forth in the attached
form of order, the reasons for their inability to agree shall be set forth in the Pretrial
Memorandum and each shall prepare a separate proposed order. 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 professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
10/12/2012
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)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(3)
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)
(4)
Final non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
Written discovery shall be propounded by: (MM/DD/YYYY)
(6)
Dispositive motions shall be filed by: (MM/DD/YYYY)
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
Discovery shall be completed by: (MM/DD/YYYY)
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
The parties remaining in this action shall participate in comprehensive mediation
by (MM/DD/YYYY). Please specify whether the parties are requesting a
referral to the court’s ADR Office or if they will proceed by private
mediation.
IT IS FURTHER ORDERED setting a Telephonic Status Conference in this matter on
[counsel to leave this date blank], (time allotted: 15 minutes), in this Division. Counsel for the
Plaintiff shall initiate the phone conference.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
10/12/2012
Docket Code 023
Form V000A
Page 5
Honorable Alfred M. Fenzel
Maricopa County Superior Court
Northeast Regional Court Center
18380 N. 40th St
Courtroom 102
Phoenix, AZ 85032
(602) 506-7080
IT IS FURTHER ORDERED that in no less than five days prior to the Status Conference
set herein, the parties shall report to the Court the history and status of the efforts at Alternative
Dispute Resolution.
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.
Dated:
________________________
Alfred M. Fenzel
Judge of the Superior Court
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.
11/19/2012 — CV2011055131 & HOCHULI P L C, JONES SKELTON 11/19/2012 HONORABLE ALFRED M. FENZEL View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/20/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055131
11/19/2012
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ALFRED M. FENZEL
W. Tenoever
Deputy
ARCH INSURANCE COMPANY
JOHN J BELANGER
v.
JONES SKELTON & HOCHULI P L C, et al.
CHARLES M CALLAHAN
ORDER SIGNED
IT IS ORDERED granting the parties’ Joint Comprehensive Pretrial Conference
Memorandum electronically filed on November 16, 2012, all in accordance with the formal
written Order signed by the Court on November 19, 2012 and entered (filed) by the clerk on
November 19, 2012.
IT IS FURTHER ORDERED setting a Telephonic Status Conference in this matter on
October 3, 2014 at 8:45 a.m. (time allotted: 15 minutes) in this division. Counsel for the
Plaintiff shall initiate the conference call (602) 506-7080.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
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.
Documents
Type
Title
Content Type
Size
Source
minute_entry_pdf
CV2011055131 & HOCHULI P L C, JONES SKELTON 01/16/2013 HONORABLE ALFRED M. FENZEL View Minute Entry