01/09/2018 — CV2015004103 M, L L C, A A 01/09/2018 HONORABLE KERSTIN LEMAIRE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/16/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
01/09/2018
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KERSTIN LEMAIRE
D. Charbagi
Deputy
ANGELA C WINIUS
TIMOTHY J CASEY
v.
A A M, L L C, et al.
LYNN M ALLEN
GARY L HUDSON JR.
CUSTODIAN OF RECORDS INSIGHT
IMAGING BILTMORE
2141 E CAMELBACK RD STE
110
PHOENIX AZ 85016
CUSTODIAN OF RECORDS PHOENIX
NEUROLOGICAL ASSOCIATES
5090 N 40TH ST STE 250
PHOENIX AZ 85018
MARC D BLEAMAN
MINUTE ENTRY
Courtroom 711 (ECB)
9:13 a.m. This is the time set for Telephonic Pretrial Trial Setting Conference. Plaintiff,
Angela C. Winius is represented by counsel, Timothy J. Casey. Defendant, AAM, LLC is
represented by counsel, Lynn M. Allen. Defendant, R&R Property Management, LLC is
represented by counsel, Gary L. Hudson. Defendant, Scottsdale Casitas Condominium
Association, Inc. is represented by counsel, Marc D. Bleamon. All parties appear telephonically.
A record of the proceeding is made digitally in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
01/09/2018
Docket Code 089
Form V000A
Page 2
Discussion is held regarding the status of the case. Plaintiff’s counsel has informed the
Court of their intent to file a Motion to Withdraw regarding Plaintiff’s Motion for Partial
Summary Judgment Re: Defendants’ claim that the Non-Party Pigeon Control Vendors are at
fault filed October 26, 2017. Plaintiff’s counsel has also informed the Court of their intent to file
a withdrawal in regards to Plaintiff’s application for Order to Show Cause Re: Custodian of
Records Deposition and Rule 30(b)(6), A.R.C.P videotaped oral deposition, as the parties are
working on a resolution.
Based on the matter presented,
IT IS ORDERED vacating the Order to Show Cause Return Hearing already set on
January 18, 2018, at 10:00 a.m., as the Court anticipates Plaintiff’s to file a withdrawal.
IT IS FURHTER ORDERED setting Oral Argument on February 16, 2018, at 1:30
p.m. (time allotted: 30 minutes) regarding Plaintiff’s Motion for Partial Summary Judgment
Re: Defendant Scottsdale Casitas Condominium Association, Inc.’s Non-Delegable Duty filed
October 26, 2017. Counsel and the parties, if representing themselves, are to appear in person
before:
THE HONORABLE KERSTIN LEMAIRE
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
7TH FLOOR, COURTROOM 711
PHOENIX, AZ 85003
PHONE: 602-506-8245
IT IS FURTHER ORDERED as follows:
1. Setting a Trial Management Conference on November 30, 2018, at 1:30 p.m. (time
allotted: 2 hours). Lead counsel for all parties must appear in person and cannot
appear telephonically.
2. Setting Trial to a Jury on January 7, 2019 at 9:00 a.m. for jury selection. The
remaining days of trial, January 8-10, January 14-17, and January 22-23, 2019,
will begin at 9:30 a.m. (time allotted: 10 days) in this division. PLEASE NOTE:
Trial will not proceed on Fridays as Friday is Law and Motion day for this division.
3.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
01/09/2018
Docket Code 089
Form V000A
Page 3
THE HONORABLE KERSTIN LEMAIRE
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W JEFFERSON
7TH FLOOR, COURTROOM 711
PHOENIX, AZ 85003
PHONE: 602-506-8245
Duties Prior to Trial
4. Dispositive Motions: All dispositive motions, including Rule 56 motions, shall be filed
no later than July 7, 2018.
5. Motions in Limine: All Motions in Limine shall be filed no later than November 9,
2018, and such motions must meet the test of State v. Superior Court, 108 Ariz. 396,
397; 499 P.2d 153 (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. 103(d). A written response to a Motion in Limine may be filed no later than
November 24, 2018. The Court may rule on Motions in Limine without oral argument.
No replies shall be filed. The parties must comply with Rule 7.2(a) Ariz.R.Civ.P., prior
to filing any Motion in Limine.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another. The motions in
Limine shall not exceed three pages in length and responses to motions in Limine shall not
exceed two pages.
6. Joint Pretrial Statement: Counsel shall file, no later than November 20, 2018, a Joint
Pretrial Statement signed by all counsel. In addition to the information required by Rule
16, the Joint Pretrial Statement shall include,
a) A Final Trial Witness List. This list shall contain the name of each witness a party
actually intends to call at Trial, the day on which they intend to call each witness
and the estimated time needed for direct, cross and re-direct examination (see
Witness Information Form attached).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
01/09/2018
Docket Code 089
Form V000A
Page 4
b) An agreed upon number of jurors to be seated as the final panel including any
alternates, whether or not the alternates will deliberate, and an agreed upon verdict
ratio in accordance with the number of jurors deliberating.
c) Whether or not the Rule of Exclusion of Witnesses is being invoked.
7. Jury Instructions and Voir Dire Questions: Counsel shall meet and agree on as many
proposed jury instructions as possible. Counsel shall file with their Joint Pretrial
Statement (counsel shall provide a copy of the jury instructions in Word format,
either by delivering a USB drive to the division or by e-mail to the division’s
Judicial Assistant before or at the Final Pretrial Management at
[email protected]):
a) Proposed voir dire questions.
b) A joint set of agreed-upon preliminary and final jury instructions and
proposed forms of verdicts.
c) Separate sets of requested instructions that have not been agreed upon.
Please read Rosen v. Knaub, 175 Ariz. 329; 85 P.2d 381 (1993) and the
RAJI Civil 3d Statement of Purpose and Approach before preparing
requests for non-RAJI instructions.
d) Standard Arizona Jury Instructions (RAJI) requests exactly as written may be
requested by listing the number and title of the instruction. If any modifications,
including the parties names, are made to the requested instruction, counsel shall
provide the modified instruction by e-mail in Word format to the division’s
Judicial
Assistant
([email protected]).
Each
instruction should cover only one subject and placed in order.
Duties at Trial Management Conference
8. Counsel shall be prepared to argue Motions in Limine if the Court deems necessary.
Counsel shall also be prepared to discuss:
a) Time limits in voir dire, opening statements, examination of witnesses
and closing arguments.
b) Preliminary jury instructions, mini opening statements and voir dire.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
01/09/2018
Docket Code 089
Form V000A
Page 5
c) Agreed-upon deposition summaries and excerpts from deposition
transcripts and the editing of any videotaped depositions.
d) Any special scheduling or equipment issues.
Exhibits
9. Counsel (and any self-represented party) shall deliver all trial exhibits to the
courtroom clerk no later than 3:00 p.m. on December 17, 2018 (any deviation
from this date must be approved by the division). For any questions you may
contact the Clerk at 602-506-1470 or [email protected].
a) Counsel shall submit two sets of their exhibits, one for marking and one for
the bench. The bench copy shall be submitted in a binder(s) with number tab
dividers. A list with a generic description of each exhibit should be provided.
The list should contain the case number, the caption, scheduled trial date and
the party submitting the exhibits.
b) Exhibits will be marked in numerical order per party, making it necessary to
mark all of one party’s exhibits before marking the other party’s. Defendant’s
exhibits numbering shall start at the next number following the last of
Plaintiff’s exhibits. If your list refers to an exhibit and it is not provided at the
time of marking, the numbers of all the following exhibits will be moved up.
The clerk cannot reserve numbers for exhibits that will be provided at a later
date. Exhibits will be marked as they are received. If Defendants exhibits are
received prior to Plaintiff’s exhibits, the Clerk may mark them first with
Plaintiff’s following.
c) The parties are directed to exchange the exhibits before submitting to the
court, and to the extent possible, remove any duplicate exhibits. If duplicate
exhibits are submitted, the clerk will remove the duplicates and the numbering
will be adjusted accordingly. To avoid confusion during trial, it is essential
that counsel avoid submitting duplicate exhibits. If counsel stipulate to any
exhibits being received in evidence, counsel shall provide a signed stipulation
as to said exhibits (lack of objection to an exhibit in the Joint Pretrial
Statement is not taken to signify that the exhibit is automatically received
in evidence).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
01/09/2018
Docket Code 089
Form V000A
Page 6
d) Each exhibit shall be stapled. If an exhibit is too large to be stapled, that
exhibit shall be securely fastened in order to prevent page separation
during witness/jury review. (Note: black binder clips are NOT
considered securely fastened. I suggest you use the silver two-prong
fasteners).
e) Exhibits should be separated by a colored sheet of paper or a tabbed divider
sheet. The colored sheet or tabbed divider shall reflect the number of the
exhibit and should be placed on top of the exhibit.
f) Counsel are strongly discouraged from marking exhibits they do not anticipate
using during trial. Counsel shall only submit those exhibits to the Clerk they
know will actually be used during trial. If counsel wish a document to be used
during the course of trial, that document can be marked as an exhibit at that
time.
g) If photographs are submitted for marking, each photograph must be marked as
an individual exhibit unless counsel have stipulated to a set of photographs
being submitted into evidence.
h) Blow-ups and large items may only be used for demonstrative purposes. You
may bring them to court to use during trial; however, if you would like them
to be marked as an exhibit, you must submit a smaller 8 ½ x 11 version of
the item.
i) Depositions will NOT be marked as exhibits. If you plan to read from a
deposition or use the deposition for impeachment purposes, you will need to
supply an ORIGINAL to the courtroom clerk for filing. Copies will not be
filed with the clerk.
10. One day's jury fees will be assessed unless the Court is notified of settlement before 2:00
p.m. on the judicial day before the Trial. Counsel are reminded to promptly notify the
Court of any settlement pursuant to Rule 5.3(d), Ariz.R.Civ.P.
11. 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
01/09/2018
Docket Code 089
Form V000A
Page 7
The trial will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings
for a $30.00 charge. If a CD is requested, please obtain a form from the courtroom clerk or from
the Self Service Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of
hearings or trial proceedings recorded previously, please call Electronic Records Services
at 602-506-7100. Should an official transcript be required, you may request that the court
prepare it. The party ordering the transcript must pay for it. To request a transcript, call 602-
506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.
NOTE: 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.
9:28 a.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
01/09/2018
Docket Code 089
Form V000A
Page 8
WITNESS INFORMATION FORM
Please note that there are approximately 5 hours of trial time per day excluding two 15-minutes
breaks and 1½ hours for lunch. It generally takes a half day to select a jury unless it’s a much
longer trial.
VOIR DIRE EXAMINATION
TIME ESTIMATE FOR:
PLAINTIFF(S) VOIR DIRE
DEFENDANT(S) VOIR DIRE
WITNESSES FOR PLAINTIFF(S)
WITNESS NAME
DIRECT &
RE-DIRECT
CROSS
1
2
3
4
5
6
DIRECT, RE-DIRECT & CROSS
TOTAL:_________________
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
01/09/2018
Docket Code 089
Form V000A
Page 9
WITNESSES FOR DEFENDANT(S)
WITNESS NAME
DIRECT &
RE-DIRECT
CROSS
1
2
3
4
5
6
DIRECT, RE-DIRECT & CROSS
TOTAL:_______________
TOTAL WITNESS TIME ESTIMATE:___________________________
TIME ESTIMATE FOR:
PLAINTIFF
DEFENDANT
OPENING STATEMENT
CLOSING ARGUMENT
1st:
2nd:
TOTAL ESTIMATED TRIAL TIME: * days
Estimate should not exceed * total hours (number of trial days x 5)
04/27/2018 — CV2015004103 M, L L C, A A 04/27/2018 HONORABLE KERSTIN LEMAIRE View Minute Entry ↑ top
- Source
- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
05/01/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
04/27/2018
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KERSTIN LEMAIRE
D. Charbagi
Deputy
ANGELA C WINIUS
TIMOTHY J CASEY
v.
A A M, L L C, et al.
LYNN M ALLEN
CHRISTOPHER M HANLON
CUSTODIAN OF RECORDS INSIGHT
IMAGING BILTMORE
2141 E CAMELBACK RD STE
110
PHOENIX AZ 85016
CUSTODIAN OF RECORDS PHOENIX
NEUROLOGICAL ASSOCIATES
5090 N 40TH ST STE 250
PHOENIX AZ 85018
MINUTE ENTRY
The court having received Defendant’s Notice of Settlement filed on April 24, 2018.
Accordingly,
IT IS ORDERED accepting the Notice of Settlement and placing this matter on the
Dismissal Calendar for dismissal on or after June 25, 2018, without further notice unless a
Judgment is entered or filed or a Stipulation for Dismissal is presented or the deadline is
otherwise extended by the Court for good cause shown.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
04/27/2018
Docket Code 375
Form V000A
Page 2
IT IS FURTHER ORDERED vacating the Oral Argument set for May 11, 2018, at
1:30 p.m
IT IS FURTHER ORDERED vacating the 10-Day Jury Trial scheduled to commence
on January 7, 2019, at 9:00 a.m., and the Final Pretrial Management Conference set for
November 30, 2018, at 1:30 p.m.
06/30/2015 — CV2015004103 M, L L C, A A 06/30/2015 HONORABLE CHRISTOPHER WHITTEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/01/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
06/30/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
A. Quintana
Deputy
ANGELA C WINIUS
TIMOTHY J CASEY
v.
A A M, L L C, et al.
MARC D BLEAMAN
ORDER OF THE COURT
The Court has Plaintiff Motion for Rule 16 Scheduling Conference filed on June 26,
2015. The parties are directed to Rules 16 and 38.1, which were amended effective April 15,
2014.
IT IS ORDERED that the parties file with the Court by 5:00 p.m. on August 14, 2015,
a joint report and proposed scheduling order that complies with Rule 16(b), Arizona Rules of
Civil Procedure and that is substantially in the form set forth in Forms 11-13, Ariz. R. Civ. P. 84,
Appendix of Forms. The Court will review the joint report and proposed scheduling order, and
may adopt or modify the proposed scheduling order, set a scheduling conference to resolve
disputed items, or resolve the disagreements without argument.
If, in addition to these submissions, the parties believe an in-person scheduling
conference would be beneficial, they should request one.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
06/30/2015
Docket Code 023
Form V000A
Page 2
Upon entry of a scheduling order, the court will set either a status conference or a trial-
setting conference under Rule 16(f), Arizona Rules of Civil Procedure.
***The parties are advised that The Honorable Christopher Whitten is temporarily
handling the civil calendar previously assigned to Honorable David Cunanan, who was
recently reassigned to a criminal division calendar. The Governor is expected to appoint a
new judge permanently to Honorable David Cunanan’s former civil calendar in the near
future. Upon appointment, all currently scheduled matters will be heard by the new
judicial officer and Honorable Christopher Whitten discontinue to consider any matters
assigned to this calendar.***
11/13/2017 — CV2015004103 M, L L C, A A 11/13/2017 HONORABLE KERSTIN LEMAIRE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/16/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-004103
11/13/2017
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KERSTIN LEMAIRE
D. Charbagi
Deputy
ANGELA C WINIUS
TIMOTHY J CASEY
v.
A A M, L L C, et al.
LYNN M ALLEN
CHRISTOPHER M HANLON
MINUTE ENTRY
Due to a conflict with the Court’s calendar,
IT IS ORDERED vacating the Telephonic Pretrial Trial Setting Conference set for
December 8, 2017, at 9:45 a.m., and resetting same to January 9, 2018, at 9:15 a.m. (time
allotted: 15 minutes) for the purpose of assigning a trial date and a final pretrial management
conference date if the case has not settled. Counsel shall have their trial calendars available.
Counsel for Plaintiff shall initiate the telephonic conference by first arranging the presence of all
other counsel on the conference call and by calling this division at: (602) 506-8245 promptly at
the scheduled time. The parties and counsel shall not be permitted to participate in
conferences via cell phones or speakerphone.
NOTE: All court proceedings are recorded digitally 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.
