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Maricopa County Superior Court Case CV2013-051912: public docket details, parties, minute entries, documents, and official source links for Milano Terrace Private Residences Condominium Association.

Case Number

CV2013-051912

County

Maricopa

Caption

Not captured

Filed

9/11/2013

Case Type

Civil

Judge

Cushner, Quintin

Location

Northeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/14/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

01/09/2015

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
T. McMillian

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

JURY TRIAL SET
ORAL ARGUMENT SET (Motions In Limine)
PRETRIAL MANAGEMENT CONFERENCE SET

4:02 p.m. Courtroom 108 NE. This is the time set for telephonic Status Conference re:
to set a Trial date. Appearing on behalf of Plaintiff is Michael Morgan. Appearing on behalf of
Defendant is Nathan Metzger.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Matters discussed.

IT IS ORDERED approving and settling the formal written Joint Third Amended
Scheduling Order as modified and signed by the Court on January 9, 2015 and filed (entered) by
the Clerk on January 12, 2015.

IT IS FURTHER ORDERED GRANTING the parties’ Joint Stipulation to Extend Case
Deadlines filed on January 6, 2015.

IT IS ORDERED:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

01/09/2015

Docket Code 089
Form V000A
Page 2

1.
TRIAL

This matter is set for a Jury Trial on the following days: August 31st, September
1st, 2nd, and 3rd, 2015 (with the case going to the jury for deliberations by
3:00 p.m. on September 3, 2015.

Counsel are advised that this trial is scheduled as the back-up trial for the above-
mentioned dates and that there is a possibility that this case will be sent to case
transfer.

Trial hours are as follows: from 9:00 a.m. to 4:30 p.m., with the exception that
the first day of trial begins at 8:30 a.m. The Court will take two 15-minute
recesses, one in the morning and one in the afternoon. The lunch recess will be
from 12:00 p.m. to 1:30 p.m.

2.
MOTIONS IN LIMINE

Any and all motions in limine shall be filed no later than July 10, 2015 and shall
be hand-delivered to opposing counsel. Such motions must meet the test of State
v. Superior Court, 108 Ariz. 396, 397, 499 P.2d 152 (1972) (“The primary
purpose of a motion in limine is to avoid disclosing to the jury prejudicial matters
which may compel a mistrial”). See also, Ariz. R. Evid. Rule 103(c). Written
responses to motions in limine shall be filed pursuant to the Arizona Rules of
Civil Procedure and hand-delivered to opposing counsel. Replies shall not be
allowed absent leave of Court. Prior to filing a motion in limine, the parties
must meet and confer in accordance with Ariz.R.Civ.P. Rule 7.2(a) to
attempt to resolve issues to be raised by such motion, and any motion in
limine must include a certification that they have done so. Failure to meet and
confer prior to the filing of a motion in limine may result in sanctions.

Unless prior written leave of Court is obtained for good cause shown, no party
may file more than three (3) motions in limine, including all subparts. The parties
shall not file motions denominated as “in limine” that are, in substance, late-filed
motions for summary judgment.

3.
JURY SELECTION

The Court uses the “struck” method for jury selection. The parties will be
permitted to conduct their own voir dire after the Court completes its voir dire.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

01/09/2015

Docket Code 089
Form V000A
Page 3

The purpose of voir dire is to secure a fair and impartial jury and not to educate
the jury as to the legal/factual theories espoused by a particular party.

4.
PRETRIAL MANAGEMENT CONFERENCE and ORAL ARGUMENT

A Pretrial Management Conference and Oral Argument Re: Motions In Limine
are set on August 21, 2015 at 11:00 a.m. The lead trial counsel for each party is
required to attend the Pretrial Management Conference. Self-represented litigants
are also required to attend. Except as stated above, parties are not required to
attend. Failure of any trial counsel or any self-represented litigant to attend the
Pretrial Management Conference may result in sanctions.

At the Pretrial Management Conference, counsel for each party and any self-
represented litigants shall be prepared to discuss:

A.
Length of voir dire, opening statements, examination of witnesses, and
closing arguments.

B.
The number of jurors on the jury panel, and the involvement of alternate
jurors in deliberation.

C.
Stipulations and objections regarding witnesses and exhibits.

D.
Preliminary and final jury instructions, juror notebooks and verdict forms.

E.
Agreed-upon deposition summaries and excerpts from deposition
transcripts and/or videotaped depositions.

F.
Any special witness scheduling, interpreter or equipment-related issues.

G.
A brief summary of the case to be read to the jury.

H.
The allocation of trial time per party.

I.
Status of settlement efforts.

5.
MARKING EXHIBITS FOR TRIAL

Trial counsel and self-represented litigants (“the parties”) are directed to
personally meet no later than June 30, 2015 (60 days prior to trial) to exchange

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

01/09/2015

Docket Code 089
Form V000A
Page 4

trial exhibits and discuss the exhibits prior to submitting them to the Court for
trial. At this meeting, the parties’ shall attempt to agree on authenticity,
foundation, and admission of the exhibits to shorten the time spent on exhibits
during the trial.

At the time of the Pretrial Management Conference, the parties shall present to the
Courtroom Clerk all exhibits they will be introducing at trial. Counsel shall
present all exhibits with a written list of brief exhibit descriptions to the Clerk.
Each exhibit shall be clipped or bound (NO RUBBER BANDS), if too large
to be stapled. Exhibits are to be separated by a colored sheet of paper or by a
tabbed-divider sheet. If counsel are submitting large charts, blow-ups or maps,
an 8-1/2 x 11 size copy of same shall be included, which can be marked as the
exhibit, and can go into the jury if in evidence. The blow-ups, charts and/or maps
can be used for demonstrative purposes but will not be marked as exhibits and
will be returned to counsel. The exhibits will be marked by the Clerk in
consecutive order: Plaintiff’s exhibits will be marked first; Defendant’s exhibits
will be marked second. Exhibits are assigned numbers in a serial fashion.
Placeholders will not be accepted and exhibit numbers will not be reserved for
exhibits not presented at this time. The parties shall ensure that there are no
duplicate exhibits. Failure to follow the procedure for submitting trial exhibits
may result in the exclusion of that party’s exhibits at trial. On the first day of
trial, each party shall submit an additional courtesy copy of their exhibits, in
a three-ring, tabbed binder(s), for use by the Judge during the trial.

NOTE: Counsel shall advise the clerk, by signed stipulation or on the
record, which exhibits may be marked directly into evidence. Original
depositions shall be provided to the clerk prior to trial. Please note
depositions are not marked as exhibits but are retained by the clerk for
record purposes. The depositions will be available to counsel and the Court
during the trial.

NOTE: Counsel are advised that if they intend to use laptop computers
and/or the Court’s document camera during trial, they should make an
appointment to meet with FTR personnel (602-372-7876) at least one week in
advance of trial to ensure compatibility of their equipment and obtain
answers to technical questions.

6. WITNESS INFORMATION FORM

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

01/09/2015

Docket Code 089
Form V000A
Page 5

Counsel for each party and any self-represented litigant shall meet no later than
seven days prior to Pretrial Management Conference to complete the Witness
Information Form attached to this minute entry. The parties shall set forth the
name of each witness and the estimated time required for direct and cross-
examination. Time estimates also shall be set forth for opening statements and
closing arguments. The completed form shall be submitted with the Joint Pretrial
Statement. The Court will rely upon the Witness Information Form to predict the
length of the trial for the jurors and to allocate the time allowed for each party to
present its case to the jury.

Attachment: Witness Information Form.

7. FINAL JOINT PRETRIAL STATEMENT

The Joint Pretrial Statement meeting the requirements of Ariz.R.Civ.P. Rule 16(g)
shall be delivered to the Court no later than seven days prior to Pretrial
Management Conference. The following shall be filed with the Joint Pretrial
Statement and copies provided to this Division:

A.
A statement by each party identifying all expert witnesses, the opinions of
said experts, and a description of the factual/substantive basis for each
such opinion.

B.
A stipulated brief summary of the case, which the Court can read at the
outset of voir dire.

C.
A list of all exhibits containing a brief description of each exhibit, as well
as the objections, if any, to such exhibits and the reasons for such
objection. Any objections not so included are waived.

D.
A CD containing the full text of all preliminary and final jury instructions
jointly agreed upon by the parties in Word format.

E.
CDs containing separate sets of requested instructions that have not been
agreed upon in Word format. (Please consider Rosen v. Knaub, 175 Ariz.
329, 857 P.2d 381 (1993) and the RAJI Civil 4th Statement of Purpose
and Approach before preparing any request for non-RAJI instructions.).
Non-RAJI instructions should be numbered consecutively, one per page,
with a heading (e.g., Plaintiff’s Instruction No. 1, etc.) and authority for
the instruction.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

01/09/2015

Docket Code 089
Form V000A
Page 6

F.
Written objections to any jury instructions citing specific authority in
support of said objections.

G.
A list, by page and line numbers, of all deposition or other transcribed
testimony that may be offered at trial, other than for impeachment,
including designations of testimony that a party believes ought in fairness
to be introduced pursuant to Rule 32(a) with testimony to be offered by an
opponent. The Court shall also be provided with copies of those parts of
any such testimony to which objection is made, indicating the testimony
objected to and the reasons for such objection. Any objection not so
included is waived. Since jurors generally prefer narrative summaries,
with brief excerpts of questions and answers, to reading many pages of
testimony, the parties shall confer as to whether agreed upon summaries
can be prepared. The parties shall lodge a form of Order (in spreadsheet
format) setting forth the designations, objections thereto, and blank spaces
for rulings. The form of Order shall be electronically lodged (in Word)
seven days prior to the Final Pretrial Management Conference.

H.
A completed Witness Information Form.

I.
Any voir dire questions a party seeks to ask during jury selection.

J.
Trial memoranda (optional).

One day’s jury fees will be assessed unless the Court is notified of settlement by
2:00 p.m. on the judicial day before trial.

NOTE: All Court proceedings are recorded by audio method and not by a court reporter.
Any party may request the presence of a court reporter by contacting the Court (602-372-0762)
three (3) court days before the scheduled proceeding.

WITNESS INFORMATION FORM

WITNESSES FOR PLAINTIFF(S)

WITNESS NAME
DIRECT
AND
REDIRECT
CROSS

1

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

01/09/2015

Docket Code 089
Form V000A
Page 7

2

3

4

5

6

DIRECT, REDIRECT & CROSS TOTAL: _________________

WITNESSES FOR DEFENDANT(S)

WITNESS NAME
DIRECT
AND
REDIRECT
CROSS

1

2

3

4

5

6

DIRECT, REDIRECT & CROSS TOTAL: _______________

TOTAL WITNESS TIME ESTIMATE: ___________________________

TIME ESTIMATE FOR:
PLAINTIFF
DEFENDANT
OPENING STATEMENT

CLOSING ARGUMENT
1st:
2nd:

4:13 p.m. Matters conclude.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/11/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

02/10/2014

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

MINUTE ENTRY

Having received Defendant’s Rule 67(d) Motion for Security of Costs (Oral Argument
Requested), filed January 14, 2014,

IT IS ORDERED setting this matter for Oral Argument on February 24, 2014, at 9:30
a.m. for 30 minutes in this Division at Northeast Regional Court Center, 18380 North 40th
Street, Courtroom 108, Phoenix, Arizona 85032.

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.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/25/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

02/24/2014

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

FINANCIAL SERVICES-CCC

ORAL ARGUMENT AND RULING

9:29 a.m. Courtroom 108 NE. This is the time set for Oral Argument Re: Defendant’s
Rule 67(d) Motion for Security of Costs, filed January 14, 2014. Appearing on behalf of
Plaintiff is counsel, Michael Day Morgan. Appearing on behalf of Defendant is counsel, Nathan
T. Metzger.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Argument is heard.

IT IS ORDERED granting Defendant’s Rule 67(d) Motion for Security of Costs in the
amount of $5500. $2750 shall be due no later than 30 days from today's date. The remaining
$2750 shall be due within 30 days of the completion of the mediation. This is not to foreclose
Plaintiff from seeking any relief otherwise available under the rule, upon a showing of strict
proof of an inability to give the security under Rule 67(e), Ariz. R. Civ. P.

9:42 a.m. Matter concludes.

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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

02/24/2014

Docket Code 005
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.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/10/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

04/08/2015

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
T. McMillian

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

ORAL ARGUMENT SET

Having received Defendant’s Motion for Partial Summary Judgment on Plaintiff’s
Damages filed February 26, 2015; and Plaintiff’s Response to Defendant’s Separate Statement
of Facts for the Motion for Partial Summary Judgment – and – Plaintiff’s Controverting
Statement of Facts in Opposition filed on April 2, 2015,

IT IS ORDERED setting this matter for Oral Argument on May 4, 2015 at 9:00 a.m., for
30 minutes in this Division at Northeast Regional Court Center, 18380 North 40th Street,
Courtroom 108, Phoenix, Arizona 85032.

PLEASE NOTE: Effective June 22, 2015, all cases assigned to Judge Michael D. Gordon
will be re-assigned to Judge Craig Blakey due to judicial calendar rotations.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/22/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

04/16/2015

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
T. McMillian

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

ORAL ARGUMENT RESET

The Court is in receipt of the parties’ stipulation to continue the Oral Argument set on
May 4, 2015.

IT IS ORDERED vacating the Oral Argument set for May 4, 2014 and resetting same to
May 7, 2015 at 10:00 a.m. in this Division.

PLEASE NOTE: Effective June 22, 2015, all cases assigned to Judge Michael D. Gordon
will be re-assigned to Judge Craig Blakey due to judicial calendar rotations.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/12/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

05/07/2015

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
T. McMillian

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

MATTER UNDER ADVISEMENT

10:17 a.m. Courtroom 108 NE. This is the time set for Oral Argument re: Defendant’s
Motion for Partial Summary Judgment on Plaintiff’s Damages, filed February 26, 2015.
Appearing on behalf of Plaintiff is Michael Morgan. Appearing on behalf of Defendants is Perry
Casazza.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Argument is presented to the Court.

IT IS ORDERED taking this matter under advisement.

10:47 a.m. Matters conclude.

PLEASE NOTE: Effective June 22, 2015, all cases assigned to Judge Michael D. Gordon
will be re-assigned to Judge Craig Blakey due to judicial calendar rotations.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/13/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

05/11/2015

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
T. McMillian

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

UNDER ADVISEMENT RULING

Having taken the matter under advisement,

IT IS ORDERED denying Defendant’s Motion for Partial Summary Judgment on
Plaintiff’s Damages filed on February 26, 2015.

PLEASE NOTE: Effective June 22, 2015, all cases assigned to Judge Michael D. Gordon
will be re-assigned to Judge Craig Blakey due to judicial calendar rotations.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/10/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

07/09/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
E. Morgenstern

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

MINUTE ENTRY

The Court has considered the parties’ Stipulation to Continue Deadline for Filing
Motions in Limine.

Good cause appearing,

IT IS ORDERED granting the stipulation and extending the deadline for the parties to file
motions in limine to July 15, 2015, all as set forth in formal written Order signed by the Court on
July 9, 2015, and filed (entered) with the clerk on July 9, 2015.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/13/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

08/12/2015

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE ROBERT C. HOUSER
T. Pavia

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

MINUTE ENTRY

On the Court’s Motion,

IT IS ORDERED vacating the 11:00 a.m. setting for Pretrial/Trial Management
Conference on August 21, 2015 and resetting this matter for 11:30 a.m. on August 21, 2015 in
this Division. (30 minutes allotted)

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

08/21/2015

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HON. ROGER E. BRODMAN
D. Harding

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

FINAL TRIAL MANAGEMENT CONFERENCE

Courtroom ECB-514

11:30 a.m. This is the time set for Final Trial Management Conference. Plaintiff is
represented by counsel, Michael Day Morgan and Andrew R. Peshek. Defendant is represented
by counsel, Nathan T. Metzger and Perry E. Casazza.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Discussion is held regarding case status.

IT IS ORDERED affirming the 4-day trial to jury set to commence on August 31, 2015.

A panel of 8 jurors and 1 alternate will be seated. The parties stipulate that the alternate
will deliberate. To render a verdict, the following number of jurors will be required: seven of
nine or six of eight.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

08/21/2015

Docket Code 026
Form V000A
Page 2

The Rule of Exclusion of Witnesses is invoked by stipulation of the parties on August 14,
2015.

The parties advise that they will not require a court reporter for trial.

Argument is held regarding experts to be present in the courtroom during the questioning
of the opposing side’s expert. The court will also allow defendant to have its expert review the
deposition of plaintiff’s expert.

The Court has reviewed defendant’s Motion in Limine to Preclude Expert Medical
Causation Testimony by plaintiff’s Treating Physicians, Particularly Dr. Michael Castro filed on
July 16, 2015. Plaintiff indicates that they will not use Dr. Castro as a causation expert.

The Court will not rule as the motion is moot.

Trial procedures are discussed.

12:00 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/03/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

08/31/2015

Docket Code 012
Form V012
Page 1

CLERK OF THE COURT
HON. ROGER E. BRODMAN
D. Harding

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

TRIAL MINUTE ENTRY
DAY 1

Courtroom ECB-413

Prior to commencement of trial, Plaintiff’s Exhibits 1-58 and Defendant’s Exhibits 60-
113 are marked for identification.

The Rule of Exclusion has been invoked by stipulation as stated in the Joint Pre-Trial
Statement filed on August 14, 2015.

FILED: Deposition of Douglas P. Hartzler, MD dated August 6, 2015

Deposition of Dawn Eileen Martinski dated May 13, 2015

Deposition of Paul M. Petelin, MD dated August 21, 2014

Deposition of Melissa Lee Skinner dated May 27, 2014

Deposition of Brianna Fagan dated June 6, 2014

Deposition of Frank Edward Gomer, Ph.D. dated November 13, 2014

Deposition of Karen Turney dated April 3, 2014

Deposition of Tom Van Epps dated July 14, 2015

Deposition of Chris Canetta dated June 6, 2014

Deposition of Douglas P. Hartzler, MD dated November 3, 2014

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

08/31/2015

Docket Code 012
Form V012
Page 2

9:24 a.m. This is the time set for trial to jury. Plaintiff is present and represented by
counsel, Michael D. Morgan and Andrew R. Peshek. Defendant is represented by counsel,
Nathan T. Metzger and Perry E. Casazza.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is not present.

Discussion is held regarding the videotaped deposition of Douglas P. Hartzler, MD.

9:30 a.m. Court stands in recess.

9:35 a.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The prospective jury panel is present and sworn.

Voir dire examination of jurors proceeds.

Juror numbers 2, 5, 6, 8, 15, 17, 18, 22 and 26 are excused for hardship as jurors in this
case.

11:03 a.m. Prospective jurors are excused and Court remains in session.

Jurors 21 and 35 return to the courtroom and are questioned further.

11:09 a.m. Court stands in recess.

11:23 a.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Prospective jurors are present.

Voir dire continues.

12:02 p.m. Prospective jurors are admonished and leave the courtroom.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

08/31/2015

Docket Code 012
Form V012
Page 3

Court remains in session.

Plaintiff moves to strike jurors 13, 14, 23 and 35.

Good cause having been shown,

Jurors 14 and 23 are struck for cause.

Defendant moves to strike jurors 20 and 27.

Good cause having been shown,

Juror 27 is struck for cause.

Counsel passes the panel.

12:13 p.m. Court stands in recess.

1:28 p.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Trial jurors selected in this case are seated.

Nine (9) persons are selected and sworn to act as trial jurors in this cause.

The Court reads the Preliminary Jury Instructions.

FILED: Preliminary Jury Instructions.

Opening statements are presented.

Karen Turney is sworn and testifies.

Plaintiff’s exhibit 27 is received in evidence.

Defendant’s exhibits 102 and 103 are received in evidence.

Plaintiff’s exhibit 114, one photo having been removed from Plaintiff’s exhibit 46, is
marked for identification and received in evidence.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

08/31/2015

Docket Code 012
Form V012
Page 4

3:00 p.m. Court stands in recess.

3:20 p.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Juror 9 returns to the courtroom and is questioned further.

The jury is present.

Karen Turney resumes the stand and testifies further.

The witness is excused.

Brianna Fagan is sworn and testifies.

The witness is excused.

Scheduling issues are discussed.

4:28 p.m. The jury is excused until September 1, 2015 at 9:30 a.m.

Court remains in session.

Witness scheduling is discussed.

4:40 pm. Court is adjourned.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/04/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/01/2015

Docket Code 012
Form V012
Page 1

CLERK OF THE COURT
HON. ROGER E. BRODMAN
D. Harding

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

TRIAL MINUTE ENTRY
DAY 2

Courtroom ECB-413

Prior to commencement of trial, plaintiff’s exhibit 115 is marked for identification. On
stipulation of the parties, plaintiff’s exhibits 5-23 are received in evidence.

9:22 a.m. Trial to jury continues from August 31, 2015. Plaintiff is present and
represented by counsel, Michael D. Morgan and Andrew R. Peshek. Defendant is represented by
counsel, Nathan T. Metzger.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is not present.

Juror #9 enters the courtroom and provides Court and counsel information regarding a
witness. Court questions the juror.

Juror #9 returns to the jury room and court remains in session.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/01/2015

Docket Code 012
Form V012
Page 2

9:33 a.m. The jury is present.

Melissa Skinner is sworn and testifies.

On stipulation of the parties, plaintiff’s exhibits 5-23 are received in evidence.

Plaintiff’s exhibit 26 is received in evidence.

10:55 a.m. The Court stands at recess.

1:01 p.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Discussion is held regarding juror questions and the trial schedule.

1:04 p.m. The jury is present.

Melissa Skinner resumes the stand and testifies further.

Plaintiff’s exhibit 116, one photo having been removed from Plaintiff’s exhibit 29, is
marked for identification.

Defendant’s exhibit 77 is received in evidence.

The Court has received several juror questions, same are discussed with counsel, and any
appropriate questions are asked of the witness.

FILED: Juror Questions (6)

2:24 p.m. The Court stands at recess.

2:42 p.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is present.

Chris Canetta is sworn and testifies.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/01/2015

Docket Code 012
Form V012
Page 3

Plaintiff’s exhibit 25 is received in evidence.

3:48 p.m. The Court stands at recess

4:01 p.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is present.

The videotaped deposition of Dr. Douglas P. Hartzler is played in the courtroom for the
jury.

4:32 p.m. The jury is excused until September 2, 2015 at 9:30 a.m.

Witness scheduling is discussed.

4:37 p.m. Court is adjourned.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/09/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/02/2015

Docket Code 012
Form J000
Page 1

CLERK OF THE COURT
HON. ROGER E. BRODMAN
S. Hack

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

TRIAL MINUTE ENTRY
DAY 3

Courtroom ECB-413

9:39 a.m. Trial to jury continues from September 1, 2015. Plaintiff is present and
represented by counsel, Michael D. Morgan and Andrew R. Peshek. Defendant is represented by
counsel, Nathan T. Metzger.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is not present.

Discussion is held regarding technical issues.

9:43 a.m. The jury is present.

The playing of the videotaped deposition of Dr. Douglas P. Hartzler is interrupted to
allow for live video testimony of Dr. Frank Gomer.

Dr. Frank Gomer is sworn and testifies via contemporaneous transmission.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/02/2015

Docket Code 012
Form J000
Page 2

10:45 a.m. The Court stands at recess.

11:02 a.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is present.

The court resumes playing the videotaped deposition of Dr. Douglas P. Hartzler from
where the videotape was stopped on September 1, 2015.

12:00 p.m. The jury is excused for lunch.

Discussion is held regarding the trial schedule.

12:14 p.m. The Court stands at recess.

1:02 p.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is present.

The court resumes playing the videotaped deposition of Dr. Douglas P. Hartzler.

Plaintiff rests.

2:01 p.m. The jury is excused.

Court remains in session.

Defendant makes oral motion for directed verdict regarding medical necessity.

Oral argument is held.

For reasons stated on the record,

IT IS ORDERED denying defendant’s Motion for Directed Verdict.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/02/2015

Docket Code 012
Form J000
Page 3

Plaintiff makes oral motion for jury instructions on negligence per se.

Oral argument is held.

For reasons stated on the record,

IT IS ORDERED taking plaintiff’s Motion for Jury Instructions on Negligence Per Se
under advisement.

Plaintiff makes oral motion to amend the complaint to add punitive damages.

Oral argument is held.

For reasons stated on the record,

IT IS ORDERED denying plaintiff’s Motion to Amend Complaint to Add Punitive
Damages.

2:31 p.m. The Court stands at recess.

2:44 p.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is present.

Defendant’s case.

Tom Van Epps is sworn and testifies.

The Court has received several juror questions, same are discussed with counsel, and any
appropriate questions are asked of the witness.

FILED: Juror Question Form (2)

The witness is excused.

3:29 p.m. The Court stands at recess.

3:37 p.m. Court reconvenes with the parties and respective counsel present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/02/2015

Docket Code 012
Form J000
Page 4

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is present.

Dr. Jon Zoltan is sworn and testifies.

On stipulation of the parties, defendant’s exhibit 70 is received in evidence.

The witness is excused.

4:34 p.m. The jury is excused until September 3, 2015 at 9:30 a.m.

Court remains in session.

Final jury instructions are discussed.

4:42 p.m. Court is adjourned.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/09/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/03/2015

Docket Code 012
Form J000
Page 1

CLERK OF THE COURT
HON. ROGER E. BRODMAN
S. Hack

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

TRIAL MINUTE ENTRY
DAY 4

Courtroom ECB-413

9:31 a.m. Trial to jury continues from September 2, 2015. Plaintiff is present and
represented by counsel, Michael D. Morgan and Andrew R. Peshek. Defendant is represented by
counsel, Nathan T. Metzger.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is not present.

On stipulation of the parties, plaintiff’s exhibit 116 is received in evidence.

The jury is present.

Dr. Paul Petelin is sworn and testifies.

On stipulation of the parties, defendant’s exhibit 106 is received in evidence.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/03/2015

Docket Code 012
Form J000
Page 2

The witness is excused.

Dawn Martinski is sworn and testifies.

The Court has received several juror questions, same are discussed with counsel, and any
appropriate questions are asked of the witness.

FILED: Juror Questions (3)

The witness is excused.

Defense rests.

11:03 a.m. The Court stands at recess.

11:15 a.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is not present.

The Court having taken plaintiff’s oral Motion for Jury Instructions on Negligence Per Se
under advisement,

IT IS ORDERED denying plaintiff’s Motion for Jury Instructions on Negligence Per Se.

Proposed final jury instructions are discussed.

12:11 p.m. The Court stands at recess.

12:25 p.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is not present.

Final revisions to the jury instructions are discussed.

12:44 p.m. The Court stands at recess.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/03/2015

Docket Code 012
Form J000
Page 3

1:29 p.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is present.

Discussion is held regarding an alternate juror. On stipulation of the parties,

IT IS ORDERED all 9 jurors will deliberate in this matter.

The Court reads the Final Jury Instructions to the jury.

FILED: Final Jury Instructions

Closing arguments are presented.

2:45 p.m. The jury retires in charge of the sworn bailiffs to consider their verdict and the
Court stands at recess.

4:45 p.m. Court reconvenes with the parties and respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The jury is all present in the jury box and by their presiding juror, return into Court their
verdict, which is read and recorded by the Clerk and is as follows:

“We, the Jury, duly empanelled and sworn in the above-entitled action, upon our oaths,
do find in favor of plaintiff, Melissa Skinner, and find the full damages to be $135,000.00.

We find the relative degrees of fault to be:

Plaintiff Melissa Skinner

15%

Defendant Milano Terrace
Private Residences Condo-
minium Association

85%

TOTAL

100%

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/03/2015

Docket Code 012
Form J000
Page 4

Signed: 8 of 9 jurors

The jury is polled at the request of counsel for defendant. Each juror that signed the
verdict form replies that this is his/her true verdict.

4:48 p.m. The jury is thanked by the Court and excused from further consideration in this
cause.

IT IS ORDERED that counsel for plaintiff lodge a proposed form of judgment no later
than 10 days from today’s date.

4:51 Trial concludes.

FILED: Verdicts; Exhibit Worksheet; Juror Questions, Trial Worksheet

LATER:

IT IS ORDERED assessing jury fees in the total amount of $1,017.72 against defendant
Milano Terrace Private Residences Condominium Association, all in accordance with the formal
written Judgment for Jury Fees signed by the Court on September 4, 2015 and entered (filed) by
the clerk on September 4, 2015.

Pursuant to the verdict entered, and there being no further need to retain the exhibits not
offered in evidence in the custody of the Clerk of the Court,

IT IS ORDERED permanently releasing exhibits 1-4, 24, 28-59 and 115 to counsel for
plaintiff, and exhibits 60-69, 71-76, 78-101, 104-105, and 107-113 to counsel for defendant.

ISSUED: Exhibit Release Form (2)

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/16/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/12/2016

Docket Code LED
Form EXHCVREL
Page 1

CLERK OF THE COURT
EXHIBITS UNIT
S. Baldwin (Exh)

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

NOTICE REGARDING DISPOSITION OF EXHIBITS

The Clerk of the Superior Court is in possession of exhibits in the above captioned case.
This case has been reviewed pursuant to Rules of Court Criminal Procedure, Rule 28.1; Superior
Court - Local Rules of Maricopa County, Rule 2.8(d); Rules of Civil Appellate Procedures, Rule
11(a)(6); and is not subject to further modification.

The exhibits should be claimed at the South Court Tower, Exhibits, 175 W. Madison, 4th
Fl., Phoenix AZ 85003, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m.
If the exhibits need to be retained, a request must be made in writing within ten (10) days of the
mailing of this notice.

The subject exhibits will not be eligible for release until 9/30/2016 and must be collected
by 11/16/2016 or the exhibits shall be disposed. The following party(ies) have exhibits that need
to be collected: Plaintiff and Defendant. Exhibits may only be released to the party which
presented the exhibits. For further verification please contact the Exhibits Unit at 602-372-2284.

This notice serves as the only written notification regarding disposition of these exhibits.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/24/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-051912

09/23/2015

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HON. ROGER E. BRODMAN
D. Harding

Deputy

MELISSA SKINNER
MICHAEL DAY MORGAN

v.

MILANO TERRACE PRIVATE RESIDENCES
CONDOMINIUM ASSOCIATION
NATHAN T METZGER

MINUTE ENTRY

The court has received and considered plaintiff’s Application for Attorney Fees and Costs
filed on September 14, 2015. The court has also received defendant’s Notice of Settlement as to
attorney fees and costs filed on September 21, 2015.

IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal on
October 23, 2015.

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