01/09/2013 — CV2012091015 CONDOMINIUM ASSOCIATION, DESERT COVE 01/09/2013 HONORABLE EMMET RONAN View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/11/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-091015
01/09/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
MARSHA FAGIN
BRIAN C LOCKER
v.
DESERT COVE CONDOMINIUM
ASSOCIATION
MARIA R KUPILLAS
MINUTE ENTRY
The Court has considered all of the pleadings filed by the parties relating to Plaintiff’s
Motion for Partial Summary Judgment Re: Count One Breach of Contract. Counsel for Plaintiff
has requested oral argument. However, the Court is of the opinion that the parties have fully and
amply briefed the issue in their pleadings. Therefore, oral argument would not assist the Court.
Consequently, pursuant to Rule 7.1(C), Arizona Rules of Civil Procedure, the Court will resolve
the Motion without oral argument.
There are clearly numerous genuine issues of material fact on the Breach of Contract
Claim. Summary Judgment is not appropriate in this case.
IT IS ORDERED denying Plaintiff’s Motion for Partial Summary Judgment.
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.
02/22/2013 — CV2012091015 CONDOMINIUM ASSOCIATION, DESERT COVE 02/22/2013 HONORABLE RUTH H. HILLIARD View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/25/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-091015
02/22/2013
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RUTH H. HILLIARD
T. Soto
FOR HONORABLE EMMET RONAN
Deputy
MARSHA FAGIN
BRIAN C LOCKER
v.
DESERT COVE CONDOMINIUM
ASSOCIATION
MARIA R KUPILLAS
COMPREHENSIVE PRETRIAL CONFERENCE SET
The Court has received and reviewed Plaintiff’s Motion to Set and Certificate of
Readiness.
IT IS ORDERED setting this matter for a telephonic Comprehensive Pretrial
Conference, pursuant to Rule 16(b) on April 10, 2013 at 9:00 a.m. (Time allotted: 15 minutes)
before:
HONORABLE EMMET J. RONAN
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 205
MESA, AZ 85210
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this division at (602) 506-0438 promptly at the scheduled time.
The Court will not set a firm trial date until it is determined that all parties have made a
good faith effort to enter into a settlement agreement.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-091015
02/22/2013
Docket Code 026
Form V000A
Page 2
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 the parties agree to the
discovery and disclosure schedule and the Court signs the proposed Scheduling Order, the
Court shall vacate the Comprehensive Pretrial Conference, Pursuant to Rule 16(b). 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, no later than (7 days before the Pretrial
Conference) 5:00 p.m. on April 3, 2013, a Joint Pretrial Memorandum, and 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.
1.
An agreed upon schedule and date for completion of non-expert dispositions.
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-091015
02/22/2013
Docket Code 026
Form V000A
Page 3
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.
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.
If the parties agree as to the dates, they need to only prepare and submit one 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 in no less than five days prior to the Status
Conference set herein, the parties shall submit a Joint Statement and report to the Court the
history and status of the efforts at Alternative Dispute Resolution pursuant to ARCP Rule 16(g).
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel
are directed to confer pursuant to ARCP 26(g) and 37 (a)(2)(C). 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. With respect to discovery disputes, counsel
are also advised that, as the Court interprets the above rules, an exchange of correspondence
between counsel is not sufficient to satisfy the “personal consultation” requirement of the Rule,
except in extraordinary circumstances. At a minimum, counsel must speak to each other by
telephone to attempt to resolve the dispute in good faith before involving the Court.
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rule 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.
PLEASE NOTE: This Courtroom is not an E-Courtroom and the division does not
have an assigned court reporter. All court proceedings are recorded by audio method and
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-091015
02/22/2013
Docket Code 026
Form V000A
Page 4
not by 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-091015
02/22/2013
Docket Code 026
Form V000A
Page 5
PROPOSED SCHEDULING ORDER FORM
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 disclosure shall be served by: (MM/DD/YYYY)
Defendant’s final expert disclosures shall be served by: (MM/DD/YYYY)
Rebuttal expert disclosures shall be served 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 or partially 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)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-091015
02/22/2013
Docket Code 026
Form V000A
Page 6
10. The parties remaining in this action shall participate in comprehensive
mediation by: (MM/DD/YYYY)
11. The case will be ready for trial on or after: (MM/DD/YYYY)
IT IS ORDERED setting a Status Conference in this matter on [counsel to leave this
date and time blank], (time allotted: 15 minutes), before:
HONORABLE EMMET J. RONAN
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA - COURTROOM 205
MESA, AZ 85210
Dated:_______________
____________________________________
HONORABLE EMMET J. RONAN
Judicial Officer of the Superior Court
(End of Form)
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.
04/08/2013 — CV2012091015 CONDOMINIUM ASSOCIATION, DESERT COVE 04/08/2013 HONORABLE EMMET RONAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/11/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-091015
04/08/2013
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
K. Gilmet
Deputy
MARSHA FAGIN
BRIAN C LOCKER
v.
DESERT COVE CONDOMINIUM
ASSOCIATION
MARIA R KUPILLAS
SETTLEMENT/PLACED ON INACTIVE CALENDAR
The Court having been advised this case has settled,
IT IS ORDERED placing this matter on the inactive calendar for dismissal without further
notice on June 4, 2013 unless prior to said date a judgment is entered or filed, a stipulation of
dismissal is presented, or a motion to set and certificate of readiness 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.
