04/04/2014 — CV2013008595 BILTMORE ASSOCIATION INC, FLYNN LANE 04/04/2014 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/10/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
04/04/2014
Docket Code 098
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
J. Polanco
Deputy
FLYNN LANE BILTMORE ASSOCIATION INC SAMUEL C RICHARDSON
v.
ANNETTE SUZANNE CLARK
ANNETTE SUZANNE CLARK
6767 N 7TH ST #137
PHOENIX AZ 85014
BETH MULCAHY
DOCKET-CIVIL-CCC
SUBSTITUTION OF COUNSEL
The Court having considered the Stipulation of Counsel, filed April 1, 2014,
IT IS ORDERED approving the Stipulation and substituting attorney Samuel C.
Richardson and the Goodman Law Office, PC in place of the Mulcahy Law Firm, PC, as counsel
of record for Plaintiff for all further proceedings.
Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.
04/14/2014 — CV2013008595 BILTMORE ASSOCIATION INC, FLYNN LANE 04/14/2014 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/16/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
04/14/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
J. Polanco
Deputy
FLYNN LANE BILTMORE ASSOCIATION INC SAMUEL C RICHARDSON
v.
ANNETTE SUZANNE CLARK
ANNETTE SUZANNE CLARK
6767 N 7TH ST #137
PHOENIX AZ 85014
BETH MULCAHY
ORDER TO FILE JOINT PROPOSED SCHEDULING ORDER
The Court has received Plaintiff’s Motion to Set and Certificate of Readiness, filed on
April 11, 2014. Accordingly,
IT IS ORDERED as follows:
Counsel and/or the parties are to meet personally to discuss all of the matters set forth in
Ariz. R. Civ. P. Rule 16(b), Counsel and/or the parties shall prepare and file with the Court, no
later than 5:00 p.m. on May 29, 2014, a Joint Proposed Scheduling Order, for discovery, motion
and disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form attached
hereto, containing the provisions which are applicable to their case.
The proposed Order shall include specific dates (example: 06/05/2013 rather than 45 days
from close of discovery). Please do not incorporate a firm trial date in the proposed Order. This
Court will set a firm trial date only after discovery has been completed and the parties have in
good faith participated in a mediation or settlement conference.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
04/14/2014
Docket Code 023
Form V000A
Page 2
If counsel 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 proposed Order.
Procedure. Once the initial Joint Pre-Trial Memorandum is submitted, this Court will
review the proposed scheduling order and in its discretion determine whether a telephonic joint
pre-trial conference is needed. If not needed, a minute entry will issue memorializing the
applicable discovery/disclosure deadlines selected by this Court. Included in the Court’s
minute entry will be a date setting forth the deadline for the parties’ submission of the next
Joint Pre-Trial Memorandum. The subsequent pre-trial memorandum, in addition to the
requirements of Ariz. R. Civ. P. Rule 16, shall address in detail the discovery completed to date
and what discovery remains outstanding.
If, at any time, the parties’ believe a telephonic or in-person pretrial conference is
necessary or warranted, they should address the reasons in the proposed Scheduling Order.
If a Joint Proposed Scheduling Order is not timely submitted as ordered, the Court will
place the matter on the Inactive Calendar for dismissal.
IT IS FURTHER ORDERED 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.
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 deposition. As
far as can seasonably 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 disclosure made to date.
3. A date or dates for the initial and final disclosure of all non-expert witnesses,
and/or supplemental disclosures made to date.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
04/14/2014
Docket Code 023
Form V000A
Page 3
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.
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. Once discovery has been completed, 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 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.”
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
04/14/2014
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 area 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)
IT IS ORDERED setting Status Conference in this matter on [counsel to leave this date
blank], (time allotted: 15 minutes), in this Division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
04/14/2014
Docket Code 023
Form V000A
Page 5
THE HONORABLE J. RICHARD GAMA
JUDGE OF THE SUPERIOR COURT
MARICOPA COUNTY
201 WEST JEFFERSON
CENTRAL COURT BUILDING
COURTROOM 701
PHOENIX AZ 85003
602-506-1245
Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.
04/14/2014 — CV2013008595 BILTMORE ASSOCIATION INC, FLYNN LANE 04/14/2014 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/16/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
04/14/2014
Docket Code 098
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
J. Polanco
Deputy
FLYNN LANE BILTMORE ASSOCIATION INC SAMUEL C RICHARDSON
v.
ANNETTE SUZANNE CLARK
ANNETTE SUZANNE CLARK
6767 N 7TH ST #137
PHOENIX AZ 85014
ARCADIA BILTMORE JUSTICE
COURT
NO ADDRESS ON RECORD
BETH MULCAHY
DOCKET-CIVIL-CCC
SUBSTITUTION OF COUNSEL
The Court has received the Stipulation of Substitution of Counsel, filed April 10, 2014.
Accordingly,
IT IS ORDERED approving the Stipulation and substituting attorney Beth Mulcahy and
the Mulcahy Law Firm in place of attorney Samuel C. Richardson, as counsel of record for
Plaintiff Flynn Lane Biltmore Association, Inc. for all further proceedings.
Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.
05/30/2014 — CV2013008595 BILTMORE ASSOCIATION INC, FLYNN LANE 05/30/2014 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/03/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
05/30/2014
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
J. Polanco
Deputy
FLYNN LANE BILTMORE ASSOCIATION INC BETH MULCAHY
v.
ANNETTE SUZANNE CLARK
ANNETTE SUZANNE CLARK
6767 N 7TH ST #137
PHOENIX AZ 85014
TELEPHONIC PRETRIAL CONFERENCE SET
The Court has received and reviewed the parties’ Joint Status/Scheduling Memorandum,
filed on May 29, 2014. Accordingly,
IT IS ORDERED approving and adopting the parties’ proposed deadlines as set forth in the
Proposed Scheduling Order signed by the Court on May 30, 2014, and filed (entered) by the Clerk
on May 30, 2014.
IT IS FURTHER ORDERED setting a Telephonic Pretrial Conference for
November 4, 2014 at 9:00 a.m. Time allotted: 15 minutes.
The parties shall file a Joint Status Memorandum by October 24, 2014.
Counsel shall have their trial calendars available. Counsel for Plaintiff shall initiate the
conference call by first arranging the presence of all other counsel on the conference call and by
calling this division at: (602) 506-1245 promptly at the scheduled time. The call should be placed
from a land-line telephone in an area with no background noise as this will prevent the parties
from hearing the proceedings in chambers. The call may not be placed from a vehicle. Please
do not call from a cellular telephone.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
05/30/2014
Docket Code 026
Form V000A
Page 2
NOTE: This Court utilizes FTR for an electronic record of the proceedings. However,
any party may request the presence of a court reporter by contacting the division three (3) court
business days before the scheduled hearing.
07/02/2014 — CV2013008595 BILTMORE ASSOCIATION INC, FLYNN LANE 07/02/2014 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/03/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
07/02/2014
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
J. Polanco
Deputy
FLYNN LANE BILTMORE ASSOCIATION INC BETH MULCAHY
v.
ANNETTE SUZANNE CLARK
ANNETTE SUZANNE CLARK
3202 W. LOMA LANE #2
PHOENIX AZ 85051
CASE DISMISSED
The Court has received the parties’ Stipulation to Dismiss, filed on June 27, 2014.
Accordingly,
IT IS ORDERED vacating the Telephonic Pretrial Conference set for November 4, 2014
at 9:00 a.m. in this division.
IT IS FURTHER ORDERED dismissing the above-entitled action with prejudice, each
party to bear their own attorneys’ fees and costs, in accordance with the formal written Order
signed by the Court on July 2, 2014, and filed (entered) by the Clerk on July 2, 2014.
A conformed copy of the order was mailed/provided to the parties and/or counsel by
separate cover on the date of filing.
07/10/2013 — CV2013008595 BILTMORE ASSOCIATION INC, FLYNN LANE 07/10/2013 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/12/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-008595
07/10/2013
Docket Code 098
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
J. Polanco
Deputy
FLYNN LANE BILTMORE ASSOCIATION INC
SAMUEL C RICHARDSON
v.
ANNETTE SUZANNE CLARK
ANNETTE SUZANNE CLARK
6767 N 7TH ST #137
PHOENIX AZ 85014
BETH MULCAHY
DOCKET-CIVIL-CCC
SUBSTITUTION OF COUNSEL
The Court having received and considered Plaintiff’s Stipulation of Substitution of
Counsel, filed July 1, 2013,
IT IS ORDERED approving the Stipulation and substituting attorney Samuel C.
Richardson and the Goodman Law Office, P.C. in place of attorney Beth Mulcahy and the
Mulcahy Law Firm, P.C. as counsel of record for Plaintiff Flynn Lane Biltmore Association,
P.C. for all further proceedings.
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.
