02/28/2014 — CV2013013750 CONDOMINIUM ASSOCIATION, CHALET 103 02/28/2014 HONORABLE DOUGLAS GERLACH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/04/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013750
02/28/2014
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DOUGLAS GERLACH
R. Tomlinson
Deputy
CHALET 103 CONDOMINIUM ASSOCIATION
LINDSEY O STEARNS
v.
JOANIE B RUSSELL
JOANIE B RUSSELL
13224 N 98TH AVE
SUN CITY AZ 85351
MINUTE ENTRY
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.
East Court Building - Courtroom 513
1:30 p.m. This is the time set for an Order to Show Cause 15 Minute Return Hearing.
Present on behalf of the Plaintiff is counsel, Lindsey O. Stearns. Present on her own behalf is
Defendant Joanie B. Russell.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the status of this matter. The court is advised that the
relevant property has been sold and that settlement efforts are ongoing. Based thereon, no court
action is required at this time with respect to Plaintiff’s Request for Preliminary and Permanent
Injunctions filed October 10, 2013.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013750
02/28/2014
Docket Code 028
Form V000A
Page 2
IT IS ORDERED setting a Telephonic Pretrial Status/Scheduling Conference on
May 6, 2014 at 9:00 a.m. (15 minutes allotted) for the purpose of assigning a trial date and a
final pretrial management conference date if the case has not settled. Counsel for Plaintiff shall
initiate the telephonic conference by first arranging the presence of all other counsel or parties on
the conference call and by calling this division at: (602) 372-5851 promptly at the scheduled
time. The parties and counsel shall not be permitted to participate in conferences via cell
phones or speakerphone.
1:34 p.m. Matter concludes.
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.
05/06/2014 — CV2013013750 CONDOMINIUM ASSOCIATION, CHALET 103 05/06/2014 HONORABLE DOUGLAS GERLACH View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/07/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013750
05/06/2014
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DOUGLAS GERLACH
C. Keller
Deputy
CHALET 103 CONDOMINIUM ASSOCIATION
LINDSEY O STEARNS
v.
JOANIE B RUSSELL
JOANIE B RUSSELL
13224 N 98TH AVE
SUN CITY AZ 85351
STATUS CONFERENCE RESET
On the Court’s own motion,
IT IS ORDERED vacating the Telephonic Pretrial Status/Scheduling Conference set for
May 6, 2014 and resetting same to June 19, 2014 at 9:00 a.m. (15 minutes allotted) for the
purpose of assigning a trial date and a final pretrial management conference 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) 372-5851 promptly at the scheduled time. The parties
and counsel shall not be permitted to participate in conferences via cell phones or
speakerphone.
Discovery Disputes – Discovery disputes are strongly discouraged. Before filing a
written motion to compel, please observe the following procedure.
If you believe that discovery to which you are entitled has not been provided to you as
required by the applicable rules, and you want the court to intervene, you must contact the other
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013750
05/06/2014
Docket Code 083
Form V000A
Page 2
party’s attorney (or the other party if he/she is self-represented), and then together, telephone the
court to ask for a telephonic conference. If the Judge assigned to this case is available, he will
take the call immediately. No such request will be considered, however, if made 10 or fewer
calendar days before the scheduled trial or evidentiary hearing.
To encourage the resolution of discovery disputes without court intervention, you are
urged to consider the risk that comes from not providing discovery responses as required by the
applicable rules. Even if no telephonic conference regarding discovery is requested, should a
party fail to provide discovery that the court later decides is relevant, the jury may be told, or the
court may assume, that the failure to provide discovery warrants an adverse inference against the
party who refused to provide it. E.g., Sing v. Gonzales, 491 F.3d 1019, 1024 (9th Cir. 2007)
(“When a party has relevant evidence in his control which he fails to produce, that failure gives
rise to an inference that the evidence is unfavorable to him” (citation omitted)); see also
Pendleton v. Brown, 25 Ariz. 604, 622, 221 P. 213, 219 (1923) (similar). Further, when a party
fails to respond completely to discovery requests that the court concludes are reasonable, the trier
of fact is permitted to assume that party is not credible in other ways. See generally Callender v.
Transpacific Hotel Corp., 179 Ariz. 557, 562, 880 P.2d 1103, 1108 (App. 1993); see also
Nardella v. Campbell Mach., Inc., 525 F.2d 46, 49 (9th Cir. 1975) (quoting Banks v. Chicago
Grain Trimmers, 390 U.S. 459, 467 (1968)).
06/19/2014 — CV2013013750 CONDOMINIUM ASSOCIATION, CHALET 103 06/19/2014 HONORABLE DOUGLAS GERLACH View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/20/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013750
06/19/2014
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DOUGLAS GERLACH
C. Keller
Deputy
CHALET 103 CONDOMINIUM ASSOCIATION
LINDSEY O STEARNS
v.
JOANIE B RUSSELL
JOANIE B RUSSELL
415 APPLETREE LN
CHEYENNE WY 82009
STATUS CONFERENCE SET
East Court Building – Courtroom 513
8:58 a.m. This is the time set for a status conference. All parties appear telephonically.
Appearing on behalf of Plaintiff is counsel, Lindsey O. Stearns. Defendant Joanie B. Russell
appears on her own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the status of the case.
Both parties waive their right to trial by a jury. In the event that a trial is scheduled it will
be held as a trial to the court.
The parties working toward settlement and good cause appearing,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013750
06/19/2014
Docket Code 028
Form V000A
Page 2
IT IS ORDERED setting a Telephonic Status Conference on August 20, 2014 at
9:00 a.m. (15 minutes allotted) for the purpose of discussing the status of the case, and to assign
a trial date and a final pretrial management conference 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) 372-5851 promptly at the scheduled time. The parties and
counsel shall not be permitted to participate in conferences via cell phones or
speakerphone.
9:07 a.m. Matter concludes.
08/20/2014 — CV2013013750 CONDOMINIUM ASSOCIATION, CHALET 103 08/20/2014 HONORABLE DOUGLAS GERLACH View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013750
08/20/2014
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DOUGLAS GERLACH
T. DeRaddo/C. Keller
Deputy
CHALET 103 CONDOMINIUM ASSOCIATION
LINDSEY O STEARNS
v.
JOANIE B RUSSELL
JOANIE B RUSSELL
415 APPLETREE LANE
CHEYENNE WY 82009
STATUS CONFERENCE SET
East Court Building – Courtroom 513
9:31 a.m. This is the time set for a status conference to set a trial date and final pretrial
management conference date. Appearing telephonically on behalf of Plaintiff is counsel, Lindsey
O. Stearns. Defendant, Joanie B. Russell, appears telephonically on her own behalf.
Discussion is held. The parties state that they are moving toward settlement. For the
reasons stated on the record,
IT IS ORDERED setting a Telephonic Status Conference on November 20, 2014 at
9:15 a.m. (15 minutes allotted) for the purpose of discussing the status of the case. Counsel for
Plaintiff shall initiate the telephonic conference by first arranging the presence of Defendant on
the conference call and by calling this division at: (602) 372-5851 promptly at the scheduled
time. The parties and counsel shall not be permitted to participate in conferences via cell
phones or speakerphone.
9:33 a.m. Matter concludes.
11/25/2014 — CV2013013750 CONDOMINIUM ASSOCIATION, CHALET 103 11/25/2014 HONORABLE DOUGLAS GERLACH View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/26/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-013750
11/25/2014
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DOUGLAS GERLACH
C. Keller
Deputy
CHALET 103 CONDOMINIUM ASSOCIATION
LINDSEY O STEARNS
v.
JOANIE B RUSSELL
JOANIE B RUSSELL
415 APPLETREE LANE
CHEYENNE WY 82009
DISMISSAL CALENDAR
The Court having received Notice of Settlement filed November 24, 2014,
IT IS ORDERED accepting the Notice of Settlement and placing this matter on the
Dismissal Calendar for dismissal on or after January 9, 2015, without further notice unless a
Judgment is entered or filed or a Stipulation for Dismissal is presented.
IT IS FURTHER ORDERED vacating the Telephonic Status Conference set for
January 21, 2015.
