01/30/2013 — CV2012013187 ASSOCIATION, REGENCY HOUSE 01/30/2013 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/01/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013187
01/30/2013
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya
Deputy
REGENCY HOUSE ASSOCIATION
JASON N MILLER
v.
KELLY R JUDD
MINUTE ENTRY
The Court is in receipt of Plaintiff’s Motion for Extension of Time to Serve.
IT IS ORDERED extending the plaintiff’s time to serve the complaint to May 30, 2013.
IT IS FURTHER ORDERED placing this matter on the inactive calendar for dismissal
without further notice on June 28, 2013, unless prior to said date a judgment is entered or filed, a
stipulation of dismissal is presented, a motion to set and certificate of readiness is filed (if any/all
defendants have appeared, or a motion to continue this matter on the inactive calendar is filed.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
06/12/2013 — CV2012013187 ASSOCIATION, REGENCY HOUSE 06/12/2013 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/13/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013187
06/12/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya
Deputy
REGENCY HOUSE ASSOCIATION
JASON N MILLER
MATTHEW K LAVELLE
v.
KELLY R JUDD
MINUTE ENTRY
The Court has received and reviewed Request for Rule 16(b) Scheduling Conference.
(Please note: It is this division’s practice to not set a conference date at this time, but rather to
have the parties submit a Joint Status/Scheduling Memorandum and scheduling order for the
Court’s signature as set forth below.)
IT IS ORDERED as follows:
Counsel/parties are to meet personally to discuss all of the matters set forth in Rule 16,
A.R.Cv.P. Counsel/parties shall prepare and file with the Court, no later than July 15, 2013, a
Joint Status/Scheduling Memorandum, and a form of 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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013187
06/12/2013
Docket Code 023
Form V000A
Page 2
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 (“December 5, 2009” 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 filled in. Do not incorporate a firm trial date in the proposed
Order.
If counsel/parties 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 Scheduling Memorandum
and each shall prepare a separate proposed Order.
The Court will review the Joint Status/Scheduling Memorandum and Scheduling Order.
If all is in order, the Court will set a scheduling/status conference (via separate minute entry)
close to the discovery cutoff date. At the scheduling/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/parties 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 Status/Scheduling
Memorandum.
If a Joint Status/Scheduling Memorandum and Scheduling Order are not timely
submitted, the Court will place the matter on the Inactive Calendar for dismissal.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013187
06/12/2013
Docket Code 023
Form V000A
Page 3
SCHEDULING ORDER FORMAT:
The Court has received and reviewed the parties’ Joint Status/Scheduling 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 ________, 20__. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
20__.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
20__.
2.
The parties shall mutually and simultaneously disclose the identity and opinions
of their expert witnesses by 5:00 p.m. on ________, 20__. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 20__.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 20__.
3.
Any and all discovery requests shall be served by 5:00 p.m. on ________, 20__.
4.
The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________,
20__. [or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
20__.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 20__.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013187
06/12/2013
Docket Code 023
Form V000A
Page 4
5.
The parties shall mutually and simultaneously disclose their rebuttal expert
witnesses and opinions by 5:00 p.m. on ________, 20__.
6.
All discovery shall be concluded by 5:00 p.m. on ________, 20__.
7.
The parties shall have exchanged up-to-date final Rule 26.1 Supplemental
Disclosure Statements by 5:00 p.m. on ________, 20__. This Order does not
replace the parties’ obligation to seasonably disclose on an on-going basis under
Rule 26.1 as information becomes available.
8.
Settlement conference (choose one):
a.
PRIVATE MEDIATION
The parties shall participate in private mediation by 5:00 p.m. on ________,
20__;
All counsel/parties 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 mediation, even if no settlement is expected.
The mediator may permit a non-lawyer representative to appear
telephonically if such appearance is requested and granted prior to the
hearing.
OR
b.
REFERRAL TO ADR FOR SETTLEMENT CONFERENCE
**Referral will be issued by Clerk via separate minute entry.**
The parties request a referral to the Court’s Alternative Dispute Resolution Office
(ADR) for the appointment of a judge pro tempore to conduct a settlement
conference. The parties request that the judge pro tempore conduct a settlement
conference not later than ________________, 20__. (NOTE: The ADR Office
requires a minimum of 90 days to set a conference date.)
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013187
06/12/2013
Docket Code 023
Form V000A
Page 5
10.
Should any discovery disputes arise, counsel/parties, prior to filing discovery
motions, shall meet and confer pursuant to Rule 37, Ariz.R.Civ.P.
11.
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.
12.
Rule 38.1 of Ariz.R.Civ.P. is waived unless and until otherwise ordered by the
Court.
IT IS FURTHER ORDERED setting a
Telephonic/Electronic
Status/Scheduling
Conference for the purpose of assigning a trial date on ______________ at ____________ in
this division.
IT IS ORDERED directing any party who is appearing telephonically or electronically to
provide a current and valid email address to the Division’s Judicial Assistant no later than fifteen
(15) days prior to the scheduled hearing. Counsel and/or the parties shall provide this address by
email to: Sofia Gonzalez --- [email protected]
At least ten (10) minutes prior to the hearing, the parties will receive an email with an
electronic link access to the hearing. Counsel/Parties are responsible for following the
instructions to join the hearing. Counsel/parties are required to provide their own camera with
microphone if they wish to appear by video, otherwise a telephone will be required for an audio
only appearance.
An electronic record will be maintained of these proceedings.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
_____________________
______________________________
Date
Honorable David O. Cunanan
Judge of the Superior Court
