03/26/2013 — CV2012010225 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 03/26/2013 HONORABLE MICHAEL J. HERROD View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/27/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-010225
03/26/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
L. Stogsdill
Deputy
LEXINGTON AVENUE LIMITED
PARTNERSHIP
CHRISTOPHER M MCNICHOL
v.
ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
TIMOTHY J THOMASON
ORDER TO FILE JOINT PROPOSED SCHEDULING ORDER
The Court has reviewed Plaintiff/Counterdefendant’s Motion to Set and Certificate of
Readiness, electronically filed on March 25, 2013. Accordingly,
IT IS 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, no
later than 5:00 p.m. on April 26, 2013, a Joint proposed Scheduling Order, for discovery,
motion and disclosure deadlines.
If the parties agree to the dates, they should prepare a Stipulation and 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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-010225
03/26/2013
Docket Code 023
Form V000A
Page 2
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.
The proposed Order shall include specific dates (06/05/2013 rather than 45 days from
close of discovery). Do not incorporate a firm trial date in the 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.
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-010225
03/26/2013
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 ________, 2013. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
2013.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
2013.
2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2013. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2013.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2013.
3. Any and all discovery requests shall be served by 5:00 p.m. on ________, 2013.
4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 2013.
[or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2013.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 2013.
5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2013.
6. All discovery shall be concluded by 5:00 p.m. on ________, 2013.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-010225
03/26/2013
Docket Code 023
Form V000A
Page 4
7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2013. 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 ________, 2013;
OR
The parties shall participate in a mandatory settlement conference. This case is
referred to the Court’s 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 __________. 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 (2 months
before SC deadline). 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.
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.
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
________, 2013.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-010225
03/26/2013
Docket Code 023
Form V000A
Page 5
11. A Telephonic Pretrial Status/Scheduling Conference is set for ______, 2013 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) 372-0359 promptly at the
scheduled time.
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.
Dated:
HONORABLE MICHAEL J. HERROD
JUDICIAL OFFICER OF THE SUPERIOR COURT
08/30/2012 — CV2012010225 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 08/30/2012 HONORABLE MICHAEL J. HERROD View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/31/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-010225
08/30/2012
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
M. Sahli
Deputy
LEXINGTON AVENUE LIMITED
PARTNERSHIP
CHRISTOPHER M MCNICHOL
v.
ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
TIMOTHY J THOMASON
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument re: Defendants’ Motion to Compel Joinder of
Persons Needed for a Just Adjudication and Motion to Stay Case in the Interim for
September 14, 2012 at 9:00 a.m. in this division. Counsel’s 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
101 W. Jefferson ECB - 411
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-010225
08/30/2012
Docket Code 094
Form V000A
Page 2
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: 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.
09/14/2012 — CV2012010225 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 09/14/2012 HONORABLE MICHAEL J. HERROD View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/17/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-010225
09/14/2012
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
K. Carter
Deputy
LEXINGTON AVENUE LIMITED
PARTNERSHIP
CHRISTOPHER M MCNICHOL
v.
ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
TIMOTHY J THOMASON
MICHAEL J PLATI
MINUTE ENTRY
Courtroom 411 – East Court Building
9:00 a.m. This is the time set for oral argument re: Defendant’s August 2, 2012, Motion
to Compel Joinder of Persons Needed for a Just Adjudication and Motion to Stay Case in the
Interim. Plaintiff is represented by counsel, Christopher M. McNichol. Defendant is represented
by counsel, Michael J. Plati.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is presented.
IT IS ORDERED Defendant shall provide the Court with documentation, on or before
September 28, 2012, that Tract B has either been contributed to the association or was conveyed
by the developer to the owners. Plaintiff will have until October 12, 2012, to respond if they so
choose.
9:22 a.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-010225
09/14/2012
Docket Code 005
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.
11/13/2012 — CV2012010225 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 11/13/2012 HONORABLE MICHAEL J. HERROD View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/14/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-010225
11/13/2012
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
M. Brady
Deputy
LEXINGTON AVENUE LIMITED
PARTNERSHIP
CHRISTOPHER M MCNICHOL
v.
ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
TIMOTHY J THOMASON
MINUTE ENTRY
The Court having reviewed Defendants’ Supplement to Motion to Compel Joinder of
Individual Owners and Plaintiff’s Supplement,
The Court finds that joinder of the individual owners is not required and that the
Association is representative of all of the owners.
Therefore,
IT IS ORDERED denying the Motion to Compel Joinder of Persons Needed for a Just
Adjudication and Motion to Stay Case in Interim.
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.
