02/20/2015 — CV2014094501 O A, TANGLEWOOD H 02/20/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/24/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
02/20/2015
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
HELEN OXFORD
J ROGER WOOD
MINUTE ENTRY
Courtroom 207 – SEA
9:10 a.m. This is the time set for Telephonic Status Conference re: trial date. Counsel,
James Portman Webster, appears telephonically on behalf of Plaintiff. Counsel, J. Roger Wood,
appears telephonically on behalf of Defendant.
A record of the proceeding is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the issues of this case.
IT IS ORDERED staying this proceeding in terms of the filing deadlines and answers to
the counterclaim.
IT IS FURTHER ORDERED continuing this Telephonic Status Conference to consider
the submission of a Joint Report and proposed Scheduling Order on April 17, 2015 at 9:00 a.m.
(15 minutes allotted) in this Division.
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this Division at (602) 506-6251 promptly at the scheduled time.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
02/20/2015
Docket Code 083
Form V000A
Page 2
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 THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.
9:13 a.m. Conference concludes.
04/17/2015 — CV2014094501 O A, TANGLEWOOD H 04/17/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/21/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
04/17/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
HELEN OXFORD
J ROGER WOOD
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
Courtroom 207 – SEA
9:12 a.m. This is the time set for Telephonic Status Conference to consider the
submission of a Joint Report and proposed Scheduling Order. Counsel, James Portman Webster,
appears telephonically on behalf of Plaintiff. Counsel, J. Roger Wood, appears telephonically on
behalf of Defendant.
A record of the proceeding is made by audio and/or videotape in lieu of a court reporter.
The Court has reviewed the case file and the pleadings filed by the parties.
Counsel address the Court regarding the status of this case.
IT IS ORDERED directing the parties to exchange initial or updated disclosure
statements on or before May 18, 2015.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
04/17/2015
Docket Code 023
Form V000A
Page 2
Notwithstanding that Plaintiff stipulates to Defendant’s Counterclaim, counsel request
that the Court issue a Scheduling Order in this matter and refer the parties for a Settlement
Conference through ADR. Accordingly,
IT IS ORDERED that the parties shall participate in a mandatory Settlement
Conference. This case is referred to the Court’s Alternative Dispute Resolution for the
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
any “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 not later than July 16, 2015. The Office of Alternative Dispute Resolution
will not do the scheduling of the settlement conference so please do not contact that office.
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. Sanctions may be imposed for failure to participate.
IT IS FURTHER ORDERED as follows:
Counsel and/or the parties are to meet personally to discuss all of the matters set forth in
Rule 16(b), Ariz. R. Civ. P. Counsel and/or the parties shall prepare and file with the Court, no
later than 5:00 p.m. on June 1, 2015, a Joint Report and 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. For example, paragraph one
of the Order set forth below need not be included in the parties’ proposed Order if the parties
intend to disclose their experts’ identity and opinions at the same time they disclose their
experts’ areas of testimony. Similarly, if the parties agree to simultaneously disclose the identity
and opinions of their expert witnesses, they need not include in their proposed Order the
language set forth in paragraph 2a. and b., below.
The proposed Order shall include specific dates (01/01/2015 rather than 45 days from
close of discovery). Do not incorporate a firm trial date in the proposed Order.
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.
The Court will review the proposed Scheduling Order. If all is in order, the Court will set
a status conference close to the discovery cutoff date. At the status conference, if the parties
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
04/17/2015
Docket Code 023
Form V000A
Page 3
have completed discovery and are ready for trial, the Court will set firm dates for the final
pretrial management conference and the trial. If the parties are not ready for trial, the matter may
be placed on the Dismissal Calendar for dismissal within 60 days.
If counsel feel a pretrial conference is still necessary at this stage of the litigation, they
should address the reasons why in the first paragraph of the proposed Scheduling Order.
If a Joint proposed Scheduling Order is not timely submitted, the Court will place the
matter on the Dismissal Calendar.
[PROPOSED] SCHEDULING ORDER
The Court has reviewed the parties’ Joint Proposed Scheduling Order and adopts and/or
modifies the days as follows:
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 2015. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
2015.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
2015.
2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2015. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2015.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2015.
3. Any and all discovery requests shall be served by 5:00 p.m. on ________, 2015.
4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 2015.
[or]
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
04/17/2015
Docket Code 023
Form V000A
Page 4
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2015.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 2015.
5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2015.
6. All discovery shall be concluded by 5:00 p.m. on ________, 2015.
7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2015. This Order does not replace the parties’
obligation to seasonably disclose on an on-going basis under Rule 26.1 as information
becomes available.
8. Settlement conference (choose one):
The parties shall participate in private mediation by 5:00 p.m. on ________, 2015;
OR
The parties shall participate in a mandatory Settlement Conference. This case is
referred to the Court's Alternative Dispute Resolution for the 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
any "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 not later than (at least 90 days out), 2015. The
Office of Alternative Dispute Resolution will not do the scheduling of the settlement
conference so please do not contact that office. If counsel prefer to use a private
mediator to conduct the Settlement Conference, a Stipulation and Order re:
Alternative to ADR must be presented to the Court by 5:00 p.m. on ________, 2015.
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. Sanctions may be imposed for failure
to participate.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
04/17/2015
Docket Code 023
Form V000A
Page 5
9. 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.
10. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
________, 2015.
11. A Telephonic Pretrial Status/Scheduling Conference is set for ______, 2015 at
____a.m./p.m. (the Court will set this hearing date) for the purpose of assigning a
trial 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) 506-6251 promptly at the scheduled time.
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.
12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P.
13. The dates set forth in this Order are FIRM dates and will not be extended or modified
by this Court absent good cause. Lack of preparation will not ordinarily be
considered good cause.
Dated:
HONORABLE DAVID M. TALAMANTE
JUDICIAL OFFICER OF THE SUPERIOR COURT
9:16 a.m. Conference concludes.
06/24/2015 — CV2014094501 O A, TANGLEWOOD H 06/24/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/26/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
06/24/2015
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
HELEN OXFORD
J ROGER WOOD
STEPHEN C RICH
ALTERNATIVE DISPUTE
RESOLUTION - CCC
CASE SET FOR DISMISSAL/
TELEPHONIC STATUS CONFERENCE VACATED
The Court has received and reviewed the Settlement Conference Report dated June 12,
2015 (conference took place on June 9, 2015) indicating that the parties have reached a full
settlement.
IT IS ORDERED placing this matter on the Court’s dismissal calendar up to and
including August 24, 2015.
09/01/2015 — CV2014094501 O A, TANGLEWOOD H 09/01/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/03/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
09/01/2015
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
HELEN OXFORD
J ROGER WOOD
CASE DISMISSED
Following up on the Court’s minute entry dated June 24, 2015 and nothing having been
filed,
IT IS ORDERED dismissing this matter without prejudice.
09/19/2014 — CV2014094501 O A, TANGLEWOOD H 09/19/2014 HON. JOHN REA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/22/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
09/19/2014
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
HELEN OXFORD
HELEN OXFORD
2369 W HAZELWOOD #63
PHOENIX AZ 85015
COURT ADMIN-CIVIL-CCC
JUDGE TALAMANTE
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 Defendant. The case was transferred to the Presiding Civil Judge for
reassignment.
IT IS ORDERED that this case be assigned to Civil Calendar CVJ22, the Honorable
David Talamante, 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:
Plaintiff’s August 29, 2014 Motion to Dismiss for Failure to
State a Claim Upon Which Relief Can be Granted or a Request
for a More Definite Statement
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
09/19/2014
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.
09/23/2014 — CV2014094501 O A, TANGLEWOOD H 09/23/2014 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/29/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
09/23/2014
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
HELEN OXFORD
HELEN OXFORD
2369 W HAZELWOOD
#63
PHOENIX AZ 85015
MINUTE ENTRY
The Court has received and reviewed Defendant’s Motion for Extension of time to file a
response to Plaintiff’s Motion to Dismiss Defendant’s Counterclaim. After a review of the
Court’s docket,
THE COURT FINDS no indication of the filing of an answer or a counterclaim. The
Court will take no action on Plaintiff’s Motion or Defendant’s request for extension of time.
10/13/2014 — CV2014094501 O A, TANGLEWOOD H 10/13/2014 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/15/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
10/13/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
HELEN OXFORD
HELEN OXFORD
2369 W HAZELWOOD
#63
PHOENIX AZ 85015
MINUTE ENTRY
The Court has received Defendant’s Response to Motion to Dismiss by Plaintiff,
Counterclaim and Answer filed on October 7, 2014. The Court gives Plaintiff leave to
supplement their Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be
Granted or a Request for a More Definite Statement. Defendant may file a response to any
supplement that Plaintiff may file. The Court notes that it does not appear that Defendant has
copied Plaintiff on the Answer, Counterclaim or Response filed on October 7, 2014.
IT IS ORDERED directing the Court’s Judicial Assistant to forward a copy of these
pleadings along with this minute entry to the Plaintiff.
12/12/2014 — CV2014094501 O A, TANGLEWOOD H 12/12/2014 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/16/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
12/12/2014
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
TANGLEWOOD H O A
JAMES PORTMAN WEBSTER
v.
HELEN OXFORD
HELEN OXFORD
2369 W HAZELWOOD
#63
PHOENIX AZ 85015
TELEPHONIC STATUS CONFERENCE SET
On the Court’s own motion and following up on the minute entry of October 13, 2014,
IT IS ORDERED denying the Motion to Dismiss filed by Plaintiff.
IT IS FURTHER ORDERED directing the parties to confirm with the Court that they
have exchanged initial disclosure statements consistent with Rule 26.1 ARCP. Confirmation
shall be filed with the Court no later than January 15, 2015.
IT IS ORDERED setting this matter for a Telephonic Status Conference on February
20, 2015 at 9:00 a.m. (15 minutes allotted) in this Division.
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first arranging
the presence of all other counsel or self-represented parties on the conference call and by calling
this Division at (602) 506-6251 promptly at the scheduled time.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-094501
12/12/2014
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
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 division
three (3) court business days before the schedule hearing.
