01/09/2013 — CV2012013923 ASSOCIATION, SILVERTREE HOMEOWNERS 01/09/2013 HONORABLE MICHAEL J. HERROD View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/11/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
01/09/2013
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
L. Stogsdill
Deputy
SILVERTREE HOMEOWNERS ASSOCIATION
NIKITA VERMA PATEL
v.
RICHARD SAMUEL PICKELL, et al.
RICHARD SAMUEL PICKELL
A1 LEGAL SERVICES ATTN KIM
PICKELL
5119 N 19TH AVE STE K
PHOENIX AZ 85015
ANHKIM THI DOAN PICKELL
A1 LEGAL SERVICES ATTN KIM
PICKELL
5119 N 19TH AVE STE K
PHOENIX AZ 85015
ORDER TO SHOW CAUSE RETURN HEARING
TRIAL SET
Courtroom 411- ECB
9:19 a.m. This is the time set for an Order to Show Cause Return Hearing. Plaintiff is
represented by counsel, Nikita Verma Patel. Defendants Richard S. Pickell and Ankim Doan
Pickell are present and appear on their own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding status of the matter and the parties’ agreement to a schedule
to resolve the issues.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
01/09/2013
Docket Code 089
Form V000A
Page 2
For the reasons stated on the record,
IT IS ORDERED Plaintiff will submit a proposed Order for Court’s review containing
an agreed upon schedule by which Defendants will resolve the remaining issues with Plaintiff.
IT IS FURTHER ORDERED AS FOLLOWS:
TRIAL.
This matter is set for a non-jury trial re: injunction on May 3, 2013 before:
Judge MICHAEL J. HERROD
Maricopa County Superior Court
101 W. Jefferson Courtroom 411
Phoenix, AZ 85003
Telephone: (602) 372-0359
Estimated length of trial: 1 day.
(PTMC) PRETRIAL MANAGEMENT CONFERENCE
This matter is set for Pretrial Management Conference on April 26, 2013 at 9:00 a.m.
for thirty (30) minutes.
COUNSEL WHO WILL BE THE LEAD TRIAL LAWYERS ON THE CASE ARE
REQUIRED TO BE IN COURT FOR THE PRETRIAL MANAGEMENT CONFERENCE.
FAILURE OF TRIAL COUNSEL TO ATTEND THE PRETRIAL MANAGEMENT
CONFERENCE MAY RESULT IN PERSONAL SANCTIONS.
Motions in Limine. Any Motions in Limine shall be filed no later than thirty
(30) days before the Trial Management Conference. Failure to file a timely response will
be deemed to be consent to granting of the motion. The moving party shall not file a reply in
support of a Motion in Limine.
Witness Information Form. The parties must submit the Witness Information
Form in the form specified below by the deadline set forth below. In addition to the
names of witnesses, the parties must provide estimates of the length of each witness’s
testimony.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
01/09/2013
Docket Code 089
Form V000A
Page 3
Depositions to be used at trial.
Before a deposition may be used for any
purpose at trial, the original transcript must be provided to the division clerk and an
additional copy must be provided to the judge.
Marking exhibits. Counsel shall present all exhibits with a list of exhibit
descriptions to the Clerk of this Court no less than ten (10) judicial days before trial.
The exhibits will be marked serially as they are listed in the pretrial statement - Plaintiff's
first, Defendant's second. Counsel shall make sure that the clerk does not receive
duplicate exhibits from Plaintiff and Defendant. Counsel shall also present original
depositions for filing at that time. Please advise the Clerk, (602) 506-7504 referring
specifically to the pretrial statement, which exhibits may be marked directly in
evidence.
Elements of Claims or Defenses. (A) By the deadline noted below, any party
asserting a claim or affirmative defense must submit a Memorandum setting forth the
following regarding each claim or affirmative defense: (1) the elements (i.e. proof
requirements), (2) whether some burden of proof other than preponderance applies, and
(3) the legal authority supporting the foregoing. (B) In the event an opposing party takes
the position that anything stated in the above referred-to Memorandum is incorrect, that
party must submit by the deadline listed below an Opposing Memorandum which sets out
(1) what portion of the Memorandum the party disagrees with, and (2) the legal authority
which supports this position. Because the Court will be relying on these Memoranda,
failure to timely submit an Opposing Memorandum will be deemed to be a waiver of the
right to contest the elements of a claim or defense.
IT IS ORDERED establishing the following deadlines:
April 22, 2013
Memorandum regarding elements
April 22, 2013
Joint Pretrial Statement
April 22, 2013
Witness Information Form
April 25, 2013
Opposing Memorandum
regarding elements
IT IS FURTHER ORDERED that counsel advise the Court of any need for an
interpreter at the Pretrial Management Conference.
A party not represented by counsel has all of the obligations of counsel listed above.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
01/09/2013
Docket Code 089
Form V000A
Page 4
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.
9:25 Matter concludes.
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
01/09/2013
Docket Code 089
Form V000A
Page 5
WITNESS INFORMATION FORM
WITNESSES FOR PLAINTIFF(S)
WITNESS NAME
DIRECT
CROSS
DIRECT & CROSS TOTAL:_________________
WITNESSES FOR DEFENDANT(S)
WITNESS NAME
DIRECT
CROSS
DIRECT & CROSS TOTAL:_______________
TOTAL WITNESS TIME ESTIMATE:___________________________
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
01/09/2013
Docket Code 089
Form V000A
Page 6
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.
04/26/2013 — CV2012013923 ASSOCIATION, SILVERTREE HOMEOWNERS 04/26/2013 HONORABLE MICHAEL J. HERROD View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
04/26/2013
Docket Code 027
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
J. LaMarsh
Deputy
SILVERTREE HOMEOWNERS ASSOCIATION
NIKITA VERMA PATEL
v.
RICHARD SAMUEL PICKELL, et al.
CLIFFORD I LEVENSON
TRIAL MANAGEMENT CONFERENCE
East Court Building – Courtroom 411
8:58 a.m. This is the time set for a Final Pretrial Management Conference. Plaintiff is
represented by counsel, Nikita Verma Patel. Defendants are represented by counsel, Clifford I.
Levenson.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding settlement and trial issues.
Based upon matters presented before the Court,
IT IS ORDERED affirming the 1 day Trial to the Court on May 3, 2013. Furthermore,
The Court directs counsel to submit a notice of settlement, if any, to the Court prior to
said trial date.
9:02 p.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
04/26/2013
Docket Code 027
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.
05/15/2013 — CV2012013923 ASSOCIATION, SILVERTREE HOMEOWNERS 05/15/2013 HONORABLE MICHAEL J. HERROD View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/17/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
05/15/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
L. Stogsdill
Deputy
SILVERTREE HOMEOWNERS ASSOCIATION
NIKITA VERMA PATEL
v.
RICHARD SAMUEL PICKELL, et al.
CLIFFORD I LEVENSON
MINUTE ENTRY
The Court having received exhibits for marking for trial, and the Court having then
received Plaintiff’s Notice of Compliance by Defendants, electronically filed on May 2, 2013,
and an Order Vacating Trial having been electronically entered on May 7, 2013,
IT IS ORDERED that counsel or written designee shall have thirty (30) days from the
date of this minute entry to take possession of the exhibits from the Courtroom Clerk’s office;
thereafter, the Clerk is authorized to dispose of the exhibits.
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.
07/05/2013 — CV2012013923 ASSOCIATION, SILVERTREE HOMEOWNERS 07/05/2013 HONORABLE MICHAEL J. HERROD View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/08/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
07/05/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
M. Nielsen
Deputy
SILVERTREE HOMEOWNERS ASSOCIATION
NIKITA VERMA PATEL
v.
RICHARD SAMUEL PICKELL, et al.
CLIFFORD I LEVENSON
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument re: Plaintiff’s and Defendants’ Applications in
Support of Attorneys’ Fees and Costs for August 6, 2013 at 10:00 a.m. (time allotted: 1 hour)
in this division. Counsel’s arguments are limited to thirty (30) 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 2012-013923
07/05/2013
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.
08/06/2013 — CV2012013923 ASSOCIATION, SILVERTREE HOMEOWNERS 08/06/2013 HONORABLE MICHAEL J. HERROD View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/08/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
08/06/2013
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
L. Stogsdill
Deputy
SILVERTREE HOMEOWNERS ASSOCIATION
NIKITA VERMA PATEL
v.
RICHARD SAMUEL PICKELL, et al.
CLIFFORD I LEVENSON
MINUTE ENTRY
Courtroom 411- ECBC
10:03 a.m. This is the time set for Oral Argument re: Plaintiff’s and Defendants’ Cross
Applications for Attorneys’ Fees and Costs. Plaintiff is represented by counsel, James
Hazelwood (appearing in place of Nikita Verma Patel.) Defendants are represented by counsel,
Clifford I. Levenson.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Oral argument is presented.
For the reasons stated on the record,
IT IS ORDERED taking the matter under advisement.
10:35 a.m. Matter concludes.
Later:
The Court finds that both parties prevailed, in part.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-013923
08/06/2013
Docket Code 005
Form V000A
Page 2
Therefore,
IT IS ORDERED that each party bear its own attorneys’ fees and costs.
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.
