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Maricopa County Superior Court Case CV2014-093315: public docket details, parties, minute entries, documents, and official source links for Cottonfields Community Association-Bougainvillea Community Association.

Case Number

CV2014-093315

County

Maricopa

Caption

Not captured

Filed

5/9/2014

Case Type

Civil

Judge

Valenzuela, Michael

Location

Southeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/08/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

01/06/2015

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

PAMELA BAEHRE, et al.
J ROGER WOOD

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

MINUTE ENTRY

The Court has received and reviewed the parties’ Joint Report electronically filed on
December 22, 2014.

IT IS ORDERED imposing deadlines and other orders in accordance with the formal
written Order signed by the Court on January 5, 2015 and entered (filed) by the clerk on January
6, 2015. Because the Court may not have adopted all of the proposals of the parties, the parties
should review the Court’s signed Order.

IT IS FURTHER ORDERED setting a Telephonic Status Conference for July 17, 2015
at 10:30 a.m. before:

HONORABLE MARK F. ACETO
SOUTHEAST ADULT FACILITY
COURTROOM 203
222 EAST JAVELINA
MESA AZ 85210

NOTE: Plaintiff shall be responsible for initiating the conference call by calling this
division at 602-506-5261, with all participating parties and counsel on the line, at the date and

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

01/06/2015

Docket Code 022
Form V000A
Page 2

time specified above. Counsel who will be lead counsel at trial must participate in the
Telephonic Status Conference.

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.

FILED: Scheduling Order, signed 1/5/15

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

02/10/2016

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

PAMELA BAEHRE, et al.
ERIN SELENE IUNGERICH

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

ORAL ARGUMENT SET

The Court has read the following:

 Defendant Cottonfields Community Association – Bougainvillea Community
Association’s Motion for Summary Judgment electronically filed on August 21, 2015;
 Plaintiffs’ Response to the Defendant’s Motion for Summary Judgment and Plaintiffs’
Cross-Motion for Summary Judgment electronically filed on October 13, 2015; and
 Defendant Cottonfields Community Association – Bougainvillea Community
Association’s Reply in Support of Its Motion for Summary Judgment and Response to
Plaintiffs’ Cross-Motion for Summary Judgment electronically filed on December 18,
2015.

Good cause appearing,

IT IS ORDERED setting Oral Argument on March 17, 2016, at 8:45 a.m. (30
minutes allotted) in this division.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

02/10/2016

Docket Code 094
Form V000A
Page 2

Oral argument shall be limited to 30 minutes, with the time divided equally between the
parties. Counsel and the parties, if representing themselves, are to appear in person before:

The Honorable Robert H. Oberbillig
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.2194

The parties/attorneys are advised that failure to appear for the hearing may result
in sanctions, including dismissal of the action per Rule 16(F), Arizona Rules of Civil
Procedure.

All court proceedings are recorded by audio and video method and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half day
and $280 for a full day.

PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
email
same
to
the
Court’s
judicial
assistant
at
[email protected] and to [email protected].

COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/18/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

03/17/2016

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

JEANNETTE SOTO, et al.
J ROGER WOOD

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
KACI YOUNG BOWMAN

DOCKET-CIVIL-SE

ORAL ARGUMENT

Courtroom 206 SEF

8:49 a.m. This is the time set for oral argument regarding Defendant’s Motion for
Summary Judgment and Plaintiffs’ Cross-Motion for Summary Judgment. Plaintiffs are
represented by counsel J. Roger Wood. Defendant is represented by counsel Kaci Young
Bowman.

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 set forth on the record,

IT IS ORDERED granting Defendant’s Motion for Summary Judgment in its entirety
and denying Plaintiffs’ Cross-Motion for Summary Judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

03/17/2016

Docket Code 005
Form V000A
Page 2

IT IS FURTHER ORDERED that Defendant’s counsel shall submit for the Court’s
review and signature an appropriate form of Judgment by April 8, 2016.

IT IS FURTHER ORDERED that any application for attorney’s fees and costs shall be
submitted with the proposed form of Judgment by the April 8, 2016, deadline.

Any responses/objections thereto shall be filed in accordance with the Arizona Rules of
Civil Procedure.

NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.

Counsel for Plaintiffs addresses the Court regarding Plaintiff Pamela Baehre.

The Court notes that on March 17, 2015, the parties filed a Stipulation to Remove Pamela
Baehre, as Trustee of the Richard Baehre and Pamela Baehre Trust as a Party to this Action and
to Add Daniel Dell-Omo as a Party to this Action, and to Correct Any and All Captions. By
minute entry dated March 18, 2015, the Court accepted the parties’ Stipulation. To date,
however, Plaintiff Pamela Baehre’s name still populates on minute entries.

IT IS THEREFORE ORDERED directing the Clerk of Court to amend the caption in
this case to remove Plaintiff Pamela Baehre as a party in this case.

9:12 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/20/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

03/18/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

PAMELA BAEHRE, et al.
J ROGER WOOD

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

DOCKET-CIVIL-SE

MINUTE ENTRY

FEBRUARY 19 MOTION FOR LEAVE TO AMEND

On February 19, 2015, plaintiffs filed a “Motion for Leave of Court to Amend”. There
being no opposition,

IT IS ORDERED granting this motion. Further, the “First Amended Verified
Complaint” attached to plaintiffs’ motion will be deemed to have been filed and served on the
date on which this minute entry is filed by the clerk of the court.

STIPULATION

On March 17, 2015, the parties filed a “Stipulation to Remove Pamela Baehre as Trustee
of the Richard Baehre and Pamela Baehre Trust as a Party to This Action and to Add Daniel
Dell’Omo as a Party to This Action, and to Correct Any and All Captions”. The court accepts
this stipulation.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/07/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

04/02/2015

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

PAMELA BAEHRE, et al.
J ROGER WOOD

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

HEARING RESET

This case is currently on a calendar assigned to Judge Mark Aceto. Effective June 22,
2015, this calendar (including this case) will be reassigned to Judge Robert Oberbillig. Judge
Oberbillig’s telephone number is (602) 506-2194.

On Court’s motion,

IT IS ORDERED resetting the Telephonic Status Conference that had been set on July
17, 2015 and resetting that Telephonic Status Conference to July 22, 2015 at 9:15 a.m. before:

HONORABLE ROBERT OBERBILLIG
SOUTHEAST ADULT FACILITY
COURTROOM 203
222 EAST JAVELINA
MESA AZ 85210

Plaintiff will be responsible for initiating the conference call by calling Judge
Oberbillig’s division at (602) 506-2194, with all participating parties and counsel on the line.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/28/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

05/19/2015

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

PAMELA BAEHRE, et al.
J ROGER WOOD

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

MINUTE ENTRY

Pursuant to a stipulation filed on May 6, 2015, the court has signed an order extending
certain deadlines. Because the court has not adopted all of the proposals of the parties, the
parties should review the court’s signed order. Further,

IT IS ORDERED as follows:

 The Telephonic Status Conference that had been set on July 22, 2015 is
reset to August 24, 2015 at 9:30 a.m.1 Counsel who will be lead counsel
at trial must participate in the Telephonic Status Conference. Counsel
must have their trial calendars available during this conference.

1 This case is currently on a calendar assigned to Judge Mark Aceto. Effective June 22, 2015, this calendar
(including this case) will be reassigned to Judge Robert Oberbillig. Judge Oberbillig’s telephone number is (602)
506-2194.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

05/19/2015

Docket Code 003
Form V000A
Page 2

NOTE: Plaintiff shall be responsible for initiating the conference call by
calling the court at 602-506-2194, with all participating parties and
counsel on the line, at the date and time specified above.
FILED: Order Extending Remaining Discovery Deadlines, signed 5/18/15

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/02/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

05/30/2014

Docket Code 066
Form V000A
Page 1

CLERK OF THE COURT
HON. JOHN REA
L. Stogsdill

Deputy

PAMELA BAEHRE, et al.
J ROGER WOOD

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSO
COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSO
NO ADDRESS ON RECORD

COURT ADMIN-CIVIL-CCC
JUDGE ACETO
JUDGE UDALL

CASE REASSIGNMENT - CIVIL PRESIDING JUDGE

This case was previously assigned to the Honorable David Udall. A Notice of Change of
Judge has been filed by Plaintiff(s). The case was transferred to the Civil Presiding Judge for
reassignment.

IT IS ORDERED that this case be assigned to Civil Calendar CVJ21, the Honorable
Mark Aceto, for all further proceedings. If any objections to the Notice of Change of Judge are
filed, the noticed judge retains jurisdiction to hear and decide the objections. Any objections
must be filed and a copy delivered to the noticed judge within twenty days of the date of this
order.

Pending:
 Plaintiffs’ Request for Permanent Injunction – Order
to Show Cause Return Hearing currently set for June 20, 2014
at 1:30 p.m.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

05/30/2014

Docket Code 066
Form V000A
Page 2

ATTENTION: If there are any matters pending and/or previously scheduled events
(oral argument, hearings, conferences, trial, etc.), counsel are directed to immediately
contact the newly assigned division to determine whether the new division is able to
maintain the current schedule in this matter.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/10/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

06/08/2016

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

PAMELA BAEHRE, et al.

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

ERIN SELENE IUNGERICH

RULING

The Court has read the following:

 Plaintiffs’ Motion for New Trial and/or Motion for Reconsideration electronically
filed on May 4, 2016;
 Defendant Cottonfields Community Association’s Response to Motion for New Trial
and/or Motion for Reconsideration electronically filed on May 25, 2016; and
 Plaintiffs’ Reply to Defendant’s Response to Plaintiff’s Motion for New Trial and/or
Motion for Reconsideration electronically filed on June 3, 2016.

The Court does not believe that the new evidence changes the outcome.

IT IS ORDERED denying Plaintiffs’ Motion for New Trial and/or Motion for
Reconsideration.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/10/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

06/08/2016

Docket Code 049
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

PAMELA BAEHRE, et al.

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

ERIN SELENE IUNGERICH

JUDGMENT SIGNED

The Court has read the following:

 Defendant Cottonfields Community Association’s Application for Attorneys’ Fees and
Costs electronically filed on April 15, 2016;
 Defendant Cottonfields Community Association’s Verified Statement of Costs
electronically filed on April 15, 2016;
 Defendant Cottonfields Community Association’s Notice of Lodging Proposed Form
of Judgment electronically filed on April 15, 2016;
 Plaintiffs’ Objection to Defendant’s Application for Attorneys’ Fees and Costs
electronically filed on May 4, 2016; and
 Defendant Cottonfields Community Association’s Reply in Support of Application for
Attorneys’ Fees and Costs electronically filed on May 25, 2016.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

06/08/2016

Docket Code 049
Form V000A
Page 2

The Association was the prevailing party and is entitled to an award of fees and costs.
There is no objection to the amount of costs.

IT IS ORDERED awarding the Defendant $5,430.51 in costs against Plaintiffs per the
Judgment signed by the Court, as modified, on June 8, 2016.

As to the issue of the amount of fees, the Court has considerable discretion. The Court
has considered the common law factors and the position of each side.

IT IS ORDERED awarding the Defendant $14,000.00 in attorneys’ fees against the
Plaintiffs per the Judgment signed by the Court, as modified, on June 8, 2016.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/17/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

06/15/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

PAMELA BAEHRE, et al.
J ROGER WOOD

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

MINUTE ENTRY

Plaintiffs’ “First Amended Verified Complaint” contains a claim regarding an alleged
failed recall election. Regarding this claim, defendant filed a “Motion for Partial Summary
Judgment” on April 28, 2015. Plaintiffs have not responded to the motion. By failing to do so,
plaintiffs have waived any procedural or evidentiary arguments or objections that could have
been made in response to the motion. Johnson by Johnson v. Svidergol, 157 Ariz. 333, 335 (App.
1988).

Defendant has established entitlement to judgment as a matter of law. Therefore,

IT IS ORDERED granting the above identified “Motion for Partial Summary
Judgment”.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/25/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

07/18/2014

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

PAMELA BAEHRE, et al.
J ROGER WOOD

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
JOHN FYKE

MINUTE ENTRY

Courtroom 203-SEA

11:08 a.m. This is the time set for an Order to Show Cause/Return Hearing Re request
for permanent injunction in this case. Plaintiff Baehre is present with counsel, J. Roger Wood.
Defendant is not present but is represented by counsel, John Fyke.

This matter comes on in the courtroom off the record.

Court and counsel discuss the status of the case.

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

The parties stipulate to the following:

 No fencing work will be done on Plaintiffs’ properties at the direction of the HOA
until further order of the Court;

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

07/18/2014

Docket Code 005
Form V000A
Page 2

 Plaintiffs withdraw their current request to schedule a hearing regarding
Plaintiff’s request for a permanent injunction;

 Plaintiffs do not withdraw the claim in their Complaint for a permanent
injunction.

The Court accepts the stipulation.

11:29 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/24/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

07/22/2015

Docket Code 099
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

PAMELA BAEHRE, et al.
ERIN SELENE IUNGERICH

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

J ROGER WOOD
DOCKET-CIVIL-SE

WITHDRAWAL OF COUNSEL

The Court has read the Motion to Withdraw as Counsel as to Plaintiff, the Estate of
Catherine Chavez and the attached Certificate of Counsel in Support of Motion to Withdraw as
Counsel of Record for the Estate of Catherine Chavez electronically filed on June 1, 2015.

IT IS ORDERED granting the Motion to Withdraw and permitting J. Roger Wood to
withdraw as counsel of record for Plaintiff, the Estate of Catherine Chavez.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/26/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

08/24/2015

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

PAMELA BAEHRE, et al.
ERIN SELENE IUNGERICH

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

J ROGER WOOD
KACI YOUNG BOWMAN
EMILY H MANN

STATUS CONFERENCE
ORAL ARGUMENT SET

Courtroom 206 SEF

9:29 a.m. This is the time set for telephonic Status Conference. Plaintiffs are represented
in person by counsel, J. Roger Wood. Defendant is represented telephonically by counsel, Emily
H. Mann and Kaci Young Bowman.

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

The Court has before it a Motion to Withdraw as Counsel as to Plaintiff Richard Quiroz
electronically filed on July 16, 2015.

IT IS ORDERED granting the Motion to Withdraw and permitting the Law Offices of J.
Roger Wood, PLLC, to withdraw in this matter as counsel of record for Plaintiff Richard Quiroz.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

08/24/2015

Docket Code 094
Form V000A
Page 2

The Court also has before it the following:

 Defendant Cottonfields Community Association’s Application for Attorneys’ Fees
electronically filed on June 24, 2015;
 Plaintiffs’ Objection to Defendant’s Application for Award of Attorneys’ Fees
electronically filed on August 10, 2015;
 Defendant Cottonfields Community Association’s Motion to Strike Plaintiffs’
Objection to Application for Award of Attorneys’ Fees electronically filed on August
19, 2015; and
 Defendant Cottonfields Community Association’s Notice of Lodging Proposed Form
of Judgment electronically filed on June 24, 2015.

Discussion is held.

Defendant’s request for attorneys’ fees and judgment are premature.

IT IS ORDERED denying, without prejudice, Defendant Cottonfields Community
Association’s Application for Attorneys’ Fees and judgment.

IT IS FURTHER ORDERED denying Defendant Cottonfields Community
Association’s Motion to Strike Plaintiffs’ Objection to Application for Award of Attorneys’ Fees.

Discussion is held regarding the parties’ Stipulation to Extend Remaining Discovery
Deadlines electronically filed on May 6, 2015.

Based upon the agreement of counsel,

IT IS ORDERED vacating the Order Extending Remaining Discovery Deadlines signed,
as modified, by Judge Aceto on May 18, 2015.

IT IS FURTHER ORDERED adopting the parties’ Stipulation to Extend Remaining
Discovery Deadlines electronically filed on May 6, 2015, all in accordance with formal written
Order Extending Remaining Discovery Deadlines signed by the Court on August 24, 2015, and
filed (entered) by the clerk on August 24, 2015.

FILED: Order Extending Remaining Discovery Deadlines

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

08/24/2015

Docket Code 094
Form V000A
Page 3

The Court also has before it Defendant Cottonfields Community Association –
Bougainvillea Community Association’s Motion for Summary Judgment electronically filed on
August 21, 2015. The Motion is not fully briefed.

Discussion is held.

IT IS ORDERED setting Defendant’s Motion for Summary Judgment for Oral
Argument on October 29, 2015, at 9:45 a.m. (30 minutes allotted) in this division. A
scheduling conference will be held following oral argument, if necessary.

Oral argument shall be limited to 30 minutes, with the time divided equally between the
parties. Counsel and the parties, if representing themselves, are to appear in person before:

The Honorable Robert H. Oberbillig
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.2194

The parties/attorneys are advised that failure to appear for the hearing may result
in sanctions, including dismissal of the action per Rule 16(F), Arizona Rules of Civil
Procedure.

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.

PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
email
same
to
the
Court’s
judicial
assistant
at
[email protected] and to [email protected].

COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.

9:39 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court

*** Filed ***

11/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

11/20/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

PAMELA BAEHRE, et al.
J ROGER WOOD

v.

COTTONFIELDS COMMUNITY
ASSOCIATION-BOUGAINVILLEA
COMMUNITY ASSOCIATION
TROY B STRATMAN

ORDER TO FILE JOINT PROPOSED SCHEDULING ORDER

The Court having reviewed Defendant’s Motion for Rule 16(b) Conference, filed on
November 19, 2014,

IT IS ORDERED as follows:

 Counsel and/or the parties are to meet personally to discuss all of the matters set
forth in Rule 16(e), Ariz. R. Civ. P. The parties shall then jointly file with the
Court no later than 5:00 p.m. on December 22, 2014; a document entitled either
“Joint Proposed Scheduling Order” or “Alternative Proposed Scheduling Orders”.

 Any proposed scheduling order must be in the form attached hereto and must at a
minimum address all topics in that form.

 Counsel must upload and e-file all proposed orders in Word format to allow for
possible modification by the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

11/20/2014

Docket Code 023
Form V000A
Page 2

 The Court fully expects, to the extent possible, that the parties will reach
agreement regarding proposed deadlines. If agreement is reached, all that need be
filed is a “Joint Proposed Scheduling Order”.

 If agreement is not reached, the parties must jointly file a document entitled
“Alternative Proposed Scheduling Orders” and attach thereto each party’s
proposed scheduling order, specifying at the top of each attached order who
proposed the order. (Therein, the parties may explain why they have been unable
to reach agreement.)

 If any party feels that a Rule 16 Comprehensive Pretrial Conference is necessary
at this stage of the litigation, in the first paragraph of the party’s “Proposed
Scheduling Order”, the party must request that a conference be set and explain
the reason for the request.
[PROPOSED] SCHEDULING ORDER

The Court having reviewed the parties’ Proposed Scheduling Order(s),

IT IS ORDERED as follows:

 The deadline for service of written discovery requests is 5:00 p.m. on
_____________.

 The deadlines for disclosure established by Rule 26.1, ARCP (including
the obligation to seasonably supplement prior disclosures) remain in full
force and effect. The deadlines established in this order in no way
supersede the obligation to make earlier disclosure required by Rule 26.1.

 The deadline for disclosure of non-expert witnesses is 5:00 p.m. on
_____________.

 The deadline for disclosure of expert witnesses and their opinions is 5:00
p.m. on _____________.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

11/20/2014

Docket Code 023
Form V000A
Page 3

 The deadline for disclosure of rebuttal expert witnesses and their opinions
is 5:00 p.m. on _____________.

 The deadline for completion of discovery is 5:00 p.m. on _____________.

 The deadline for final supplementation of Rule 26.1 disclosure is 5:00
p.m. on _____________.

 [Private Mediation or Settlement Conference with a judge pro tem (choose
one)]

The parties shall participate in private mediation by 5:00 p.m. on
_____________.

OR

The parties shall participate in a mandatory Settlement Conference. This
case is referred to the Court’s Alternative Dispute Resolution Office for
appointment of a judge pro tempore to conduct a settlement conference.
Counsel and/or the parties will receive a minute entry from ADR
appointing the judge pro tempore. Counsel and “pro per” parties will
contact the appointed judge pro tempore to arrange the date, time, and
location for the settlement conference. The judge pro tempore is
requested to conduct a settlement conference no later than (propose a
date at least 90 days out). The Office of Alternative Dispute Resolution
will not do the scheduling of the settlement conference so please do not
contact that office.

If the parties decide to use a private mediator, they must forthwith advise
the Office of Alternative Dispute Resolution and any judge pro tempore
who has been assigned to conduct the settlement conference.
Additionally, private mediation must be completed by the deadline
established above.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

11/20/2014

Docket Code 023
Form V000A
Page 4

All counsel and their clients, or non-lawyer representatives who have
full and complete authority to settle the case, shall personally appear
and participate in good faith in the Settlement Conference/Mediation.
Sanctions may be imposed for failure to participate.

 No expert witnesses, expert opinions, lay witnesses, or exhibits shall be
used at trial other than those disclosed in a timely manner, except for good
cause shown or written agreement of the parties.

 The deadline for filing dispositive or partially dispositive motions is 5:00
p.m. on _____________ or 140 days before trial, whichever comes first.

 A Telephonic Status Conference is set for _____________ at
_____________. Counsel who will be lead counsel at trial must
participate in the Telephonic Status Conference. Counsel must have their
trial calendars available during this conference.

NOTE: Plaintiff shall be responsible for initiating the conference call by
calling this division at 602-506-5261, with all participating parties and
counsel on the line, at the date and time specified above.

 If mediation or a settlement conference will not be completed before the
above discussed Telephonic Status Conference, counsel must file a Notice
no later than seven days before the conference. In the Notice, counsel
must (1) explain why mediation or a settlement conference has not been
completed and (2) advise of the date on which private mediation or a
settlement conference is scheduled.

 If mediation or a settlement conference has not been completed before the
Telephonic Status Conference, the Court will consider imposing sanctions.

 The deadlines established by this Order are firm and will not be extended
or modified by the Court absent good cause. Lack of preparation will not
ordinarily be considered good cause.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-093315

11/20/2014

Docket Code 023
Form V000A
Page 5


This case is removed from the Inactive Calendar and all requirements of
Rule 38.1, ARCP, are waived unless and until otherwise ordered by the
Court.

/ s / HON. MARK F. ACETO

JUDICIAL OFFICER OF THE SUPERIOR COURT

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