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Maricopa County Superior Court Case CV2014-096361: public docket details, parties, minute entries, documents, and official source links for Pueblo Verde Community Association.

Case Number

CV2014-096361

County

Maricopa

Caption

Not captured

Filed

10/15/2014

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 ***

01/29/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

01/28/2015

Docket Code 028
Form V000A
Page 1

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

Deputy

AUBREY MITCHELL
ADAM W BARLOW

v.

LIGHTHOUSE MANAGEMENT L L C, et al.
MICHAEL W HERZOG

MINUTE ENTRY

The Court has received and reviewed the parties’ Joint Report electronically filed on
January 23, 2015.

IT IS ORDERED imposing deadlines and other orders in accordance with the formal
written Order signed by the Court on January 27, 2015 and entered (filed) by the clerk on
January 28, 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 ORDERED setting a Telephonic Status Conference for June 27, 2016 at 8:45
a.m. before:

HONORABLE ROBERT OBERBILLIG1
SOUTHEAST ADULT FACILITY
COURTROOM 203
222 EAST JAVELINA
MESA AZ 85210

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 2014-096361

01/28/2015

Docket Code 028
Form V000A
Page 2

NOTE: Plaintiff shall be responsible for initiating the conference call by calling this
division at 602-506-2194, with all participating parties and counsel on the line, at the date and
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 1/27/15

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/02/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

01/30/2015

Docket Code 023
Form V000A
Page 1

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

Deputy

AUBREY MITCHELL
ADAM W BARLOW

v.

LIGHTHOUSE MANAGEMENT L L C, et al.
MICHAEL W HERZOG

MINUTE ENTRY

On January 27, 2015, Plaintiff filed a “Motion for Leave to Amend Complaint and Alter
Caption”. There being no opposition,

IT IS ORDERED granting leave to Plaintiff to file the proposed amended Complaint.
Further,

IT IS ORDERED that Plaintiff file and serve said amended Complaint on Defendants
already in the case by no later than 11 calendar days after this minute entry is filed by the Clerk
of the Court.

SERVICE DEADLINE

Regarding the newly added Defendant and any other previously unserved Defendant,

IT IS ORDERED establishing the deadline for service to be March 31, 2015. Unless
service is accomplished and proof of service is filed before that date, all claims against unserved
Defendants will be dismissed without further notice.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/20/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

02/19/2015

Docket Code 023
Form V000A
Page 1

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

Deputy

AUBREY MITCHELL
ADAM W BARLOW

v.

LIGHTHOUSE MANAGEMENT L L C, et al.
MICHAEL W HERZOG

E L S CONSTRUCTION INC
NO ADDRESS ON RECORD

MINUTE ENTRY

On February 9, 2015, Plaintiff filed a “Motion for Leave to File Second Amended
Complaint and Alter Caption”. There being no opposition,

IT IS ORDERED granting leave to Plaintiff to file the proposed amended Complaint.
Further,

IT IS ORDERED that Plaintiff file and serve said amended Complaint on Defendants
already in the case by no later than 11 calendar days after this minute entry is filed by the Clerk
of the Court.

SERVICE DEADLINE

Regarding the newly added Defendant and any other previously unserved Defendant,

IT IS ORDERED extending the deadline for service to April 21, 2015. Unless service
is accomplished and proof of service is filed before that date, all claims against unserved
Defendants will be dismissed without further notice.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

03/23/2015

Docket Code 019
Form V000A
Page 1

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

Deputy

AUBREY MITCHELL
ADAM W BARLOW

v.

LIGHTHOUSE MANAGEMENT L L C, et al.
MICHAEL W HERZOG

E L S CONSTRUCTION INC
ATTN JAMES CASTINE
3329 E SOUTHERN AVE
PHOENIX AZ 85040

MINUTE ENTRY

The court makes note of the following:

 Among others, plaintiff named ELS Construction, Inc. as a defendant.

 On February 19, 2015, a “Response to Complaint” was filed on behalf of ELS
Construction, Inc. (“Defendant ELS”). This document was signed by James
Castine. James Castine is not an attorney authorized to practice law in Arizona.

 On February 20, 2015, the Lighthouse and Pueblo Verde Defendants filed a
“Motion to Strike ‘Response to Complaint’ of ELS Construction, Inc.”

 Defendant ELS is a corporation. A corporation cannot practice law. A
corporation cannot appear in court through a stockholder or other representative
who is not an attorney. Further, it cannot appear in propria persona. Ramada
Inns, Inc., v Lane and Bird Advertising, Inc., 102 Ariz. 127, 128 (1967). Thus,
unless represented by an attorney authorized to practice law in Arizona, a
corporation may not file pleadings, make arguments to the court, or participate in
court proceedings.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

03/23/2015

Docket Code 019
Form V000A
Page 2

Under the circumstances,

IT IS ORDERED striking the “Response to Complaint” filed on behalf of Defendant
ELS on February 19, 2015.

On court’s own motion,

IT IS ORDERED extending to April 24, 2015 the deadline for Defendant ELS to file an
answer or to otherwise properly respond to plaintiff’s complaint. As noted above, any answer or
other response must be signed by an attorney authorized to practice law in Arizona.

The court warns of the following:

 Going forward, any document filed on behalf of Defendant ELS not signed by an
attorney authorized to practice law in Arizona will have no legal significance.

 The court does not intend to delay the progression of this case. Further, it is quite
unlikely that the above identified deadline will be further extended. Thus, if
Defendant ELS intends to defend against plaintiff’s claim, time is of the essence
regarding efforts to retain an attorney.

 If an answer or other proper response to plaintiff’s complaint is not timely filed on
behalf of Defendant ELS, pursuant to the rules, plaintiff will be allowed to pursue
default judgment against Defendant ELS.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/18/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

05/17/2016

Docket Code 094
Form V000A
Page 1

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

Deputy

AUBREY MITCHELL, et al.
ADAM W BARLOW

v.

LIGHTHOUSE MANAGEMENT L L C, et al.
MICHAEL W HERZOG

JOHN M DICARO
BENJAMIN R EID

ORAL ARGUMENT SET

The Court has read the following:

 Defendant Tot Lot Services, Inc.’s Motion for Summary Judgment electronically filed
on February 15, 2016;
 Plaintiffs’ Response to Defendant Tot Lot Services’ Motion for Summary Judgment
and Plaintiffs’ Countermotion for Partial Summary Judgment against Defendants
Lighthouse Management, LLC and Pueblo Verde Community Association on the
Issues of Non-Delegable Duty and Vicarious Liability electronically filed on March 4,
2016;
 Plaintiffs’ Controverting Statement of Facts Opposing Defendant Tot Lot Services’s
Statement of Facts Re: Motion for Summary Judgment electronically filed on March
4, 2016;

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

05/17/2016

Docket Code 094
Form V000A
Page 2

 Plaintiffs’ Statement of Facts in Support of Their Motion to Establish Non-Delegable
Duty and Vicarious Liability electronically filed on March 4, 2016;
 Defendant Lighthouse Management, LLC and Pueblo Verde Community
Association’s Response to Defendant Tot Lot Services, Inc.’s Motion for Summary
Judgment electronically filed on March 16, 2016;
 Defendant Lighthouse Management, LLC and Pueblo Verde Community
Association’s Response to Defendant Tot Lot Services, Inc.’s Statement of Facts and
Supplemental Facts electronically filed on March 16, 2016;
 Response of Defendants Lighthouse Management, LLC and Pueblo Verde Community
Association to Plaintiffs’ Countermotion for Summary Judgment on the Issues of
Non-Delegable Duty and Vicarious Liability electronically filed on April 6, 2016;
 Response of Defendants Lighthouse Management, LLC and Pueblo Verde Community
Association to Plaintiffs’ Statement of Facts in Support of Their Motion to Establish
Non-Delegable Duty and Vicarious Liability and Additional Facts electronically filed
on April 6, 2016;
 Defendant Tot Lot Services, Inc.’s Reply in Support of Its Motion for Summary
Judgment electronically filed on April 11, 2016;
 Plaintiffs’ Reply in Support of Their Countermotion for Partial Summary Judgment
against Defendants Lighthouse Management, LLC and Pueblo Verde Community
Association on the Issues of Non-Delegable Duty and Vicarious Liability
electronically filed on May 9, 2016; and
 Plaintiffs’ Supplemental Statement of Facts in Support of Their Motion to Establish
Non-Delegable Duty and Vicarious Liability electronically filed on May 9, 2016.

Good cause appearing,

IT IS ORDERED setting Oral Argument on June 7, 2016, at 11:00 a.m. (45 minutes
allotted) in this division.

Oral argument shall be limited to 45 minutes, with the time divided equally between the
parties. Counsel and the parties, if representing themselves, are to appear in person.

IT IS FURTHER ORDERED vacating Status/Scheduling Conference set on May 19,
2016, and resetting same on June 7, 2016, to be heard following oral argument, if necessary.
Counsel shall have their trial calendars available. Oral argument and Status/Scheduling
Conference are set before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

05/17/2016

Docket Code 094
Form V000A
Page 3

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 ***

06/14/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

06/07/2016

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
S. McCoy

Deputy

AUBREY MITCHELL, et al.
ADAM W BARLOW

v.

LIGHTHOUSE MANAGEMENT L L C, et al.
MICHAEL W HERZOG

JOHN M DICARO
BENJAMIN R EID
DAVID C POTTS

ORAL ARGUMENT/
ORAL ARGUMENT SET

Courtroom 206 – SEA

11:02 a.m. This is the time set for Oral Argument regarding the following:

Defendant Tot Lot Services, Inc.’s Motion for Summary Judgment electronically filed
on February 15, 2016;
Plaintiffs’ Response to Defendant Tot Lot Services’ Motion for Summary Judgment
and Plaintiffs’ Countermotion for Partial Summary Judgment against Defendants
Lighthouse Management, LLC and Pueblo Verde Community Association on the Issues of
Non-Delegable Duty and Vicarious Liability electronically filed on March 4, 2016;
Plaintiffs’ Controverting Statement of Facts Opposing Defendant Tot Lot Services’s
Statement of Facts Re: Motion for Summary Judgment electronically filed on March 4,
2016;


SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

06/07/2016

Docket Code 094
Form V000A
Page 2

Plaintiffs’ Statement of Facts in Support of Their Motion to Establish Non-Delegable
Duty and Vicarious Liability electronically filed on March 4, 2016;
Defendant Lighthouse Management, LLC and Pueblo Verde Community
Association’s Response to Defendant Tot Lot Services, Inc.’s Motion for Summary
Judgment electronically filed on March 16, 2016;
Defendant Lighthouse Management, LLC and Pueblo Verde Community
Association’s Response to Defendant Tot Lot Services, Inc.’s Statement of Facts and
Supplemental Facts electronically filed on March 16, 2016;
Response of Defendants Lighthouse Management, LLC and Pueblo Verde
Community Association to Plaintiffs’ Countermotion for Summary Judgment on the
Issues of Non-Delegable Duty and Vicarious Liability electronically filed on April 6,
2016;
Response of Defendants Lighthouse Management, LLC and Pueblo Verde
Community Association to Plaintiffs’ Statement of Facts in Support of Their Motion to
Establish Non-Delegable Duty and Vicarious Liability and Additional Facts
electronically filed on April 6, 2016;
Defendant Tot Lot Services, Inc.’s Reply in Support of Its Motion for Summary
Judgment electronically filed on April 11, 2016;
Plaintiffs’ Reply in Support of Their Countermotion for Partial Summary Judgment
against Defendants Lighthouse Management, LLC and Pueblo Verde Community
Association on the Issues of Non-Delegable Duty and Vicarious Liability electronically
filed on May 9, 2016; and
Plaintiffs’ Supplemental Statement of Facts in Support of Their Motion to Establish
Non-Delegable Duty and Vicarious Liability electronically filed on May 9, 2016.

Plaintiffs are represented by counsel, Adam W. Barlow. Counsel, Michael W. Herzog,
appears on behalf of Defendants, Lighthouse Management, LLC and Pueblo Verde Community
Association. Counsel, David C. Potts, appears on behalf of Defendant, ELS Construction, Inc.
Counsel, Benjamin R. Eid, appears on behalf of Defendant, Tot Lot Services, Inc.

A record of the proceedings is made digitally in lieu of a court reporter.

Oral argument is presented on Defendant Tot Lot Services, Inc.’s Motion for Summary
Judgment.

For the reasons set forth on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

06/07/2016

Docket Code 094
Form V000A
Page 3

IT IS ORDERED denying Defendant Tot Lot Services, Inc.’s Motion for Summary
Judgment.

Oral argument is presented on Plaintiffs’ Countermotion for Partial Summary Judgment
against Defendants Lighthouse Management, LLC and Pueblo Verde Community Association on
the Issues of Non-Delegable Duty and Vicarious Liability.

For the reasons set forth on the record,

IT IS ORDERED denying Plaintiffs’ Countermotion for Partial Summary Judgment.

11:26 a.m. The Court stands at recess.

11:45 a.m. Court reconvenes. Plaintiffs are represented by counsel, Adam W. Barlow.
Counsel, Michael W. Herzog, appears on behalf of Defendants, Lighthouse Management, LLC
and Pueblo Verde Community Association. Counsel, David C. Potts, appears on behalf of
Defendant, ELS Construction, Inc. Counsel, Benjamin R. Eid, appears on behalf of Defendant,
Tot Lot Services, Inc.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding the Motion of Defendants Lighthouse Management, LLC and
Pueblo Verde Community Association in Limine to Exclude Testimony of Plaintiff’s Witness J.
Roger Wood, Esq. electronically filed April 13, 2016 and the Response thereto.

For the reasons set forth on the record,

IT IS ORDERED directing plaintiffs’ counsel to file a Supplemental Response to the
Motion of Defendants Lighthouse Management, LLC and Pueblo Verde Community Association
in Limine to Exclude Testimony of Plaintiff’s Witness J. Roger Wood, Esq. no later than July 1,
2016. The parties are also directed to notify the Court if a stipulation regarding said Motion is
reached.

IT IS FURTHER ORDERED setting this matter for a Status/Scheduling Conference in
conjunction with Oral Argument re: Motion of Defendants Lighthouse Management, LLC and
Pueblo Verde Community Association in Limine to Exclude Testimony of Plaintiff’s Witness J.
Roger Wood, Esq. on Wednesday, July 6, 2016, at 10:30 a.m. (45 minutes allotted). For the
purpose of selecting a trial date if the matter has not settled, counsel shall have their trial
calendars available. This matter is set before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

06/07/2016

Docket Code 094
Form V000A
Page 4

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

Oral argument shall be limited to 45 minutes, with the time divided equally between the
parties. Counsel and the parties, if representing themselves, are to appear in person.

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 $140.00 for a half day
and $280.00 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.

11:52 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/30/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-096361

06/29/2016

Docket Code 375
Form V000A
Page 1

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

Deputy

AUBREY MITCHELL, et al.
ADAM W BARLOW

v.

LIGHTHOUSE MANAGEMENT L L C, et al.
MICHAEL W HERZOG

JOHN M DICARO
BENJAMIN R EID

DISMISSAL CALENDAR

The Court has received Plaintiff’s Notice of Settlement electronically filed on June 28,
2016.

IT IS ORDERED placing this matter on the Dismissal Calendar, for dismissal without
further notice on August 29, 2016, unless prior thereto a judgment is entered or filed, a stipulation
of dismissal is presented, or a motion to set and certificate of readiness is filed.

IT IS FURTHER ORDERED vacating all pending hearings.

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