01/14/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 01/14/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/19/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
01/14/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
S. LaFontaine
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
COMM. BARTH
MINUTE ENTRY
This division has received Plaintiff’s, HSBC Bank USA National Association, e-filed
Application for Entry of Default electronically filed, January 6, 2016, against Defendant(s),
Antoinette S. Salazar, Iris Shifflett as Trustee of the ASX Trust dated August 31, 2007, Iris
Shifflett as Trustee of ASX II Trust dated January 5, 2015 and Terramar Homeowners’
Association, in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above referenced
document(s).
The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Barth.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
01/14/2016
Docket Code 023
Form V000A
Page 2
Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
default coversheet and copies of the necessary filed documents to the Commissioner’s division
for the entry of a default judgment.
IT IS FURTHER ORDERED, no further action will be taken by the assigned
Commissioner until the necessary filed documents and coversheet are delivered to the division.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp
01/22/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 01/22/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
01/22/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
M. Scott
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
TERRAMAR HOMEOWNERS
ASSOCIATION
C/O KAREN KASS
17787 N. PERIMETER DR, A111
SCOTTSDALE AZ 85255
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
ANTOINETTE S SALAZAR
6789 W. TETHER TRAIL
PEORIA AZ 85383
IRIS SHIFFLETT
1576 E. JASPER COURT
BLDG. E
GILBERT AZ 85296
MINUTE ENTRY
The Court has considered Defendants’ Motion for an Order to Dismiss Plaintiff’s
Complaint and Plaintiff’s Response thereto. Defendants having presented matters outside the
pleadings,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
01/22/2016
Docket Code 019
Form V000A
Page 2
IT IS ORDERED that Defendants having presented matters outside the pleadings, and
therefore Defendants’ Motion for an Order to Dismiss Plaintiff’s Complaint is treated as a
motion for summary judgment pursuant to Ariz.R.Civ.P. 56. Defendants shall file a statement of
facts in accordance with Rule 56(c)(3) and 56(e) by February 26, 2016. Plaintiff and Defendants
shall then file a response and reply, respectively, in accordance with the time frames set forth in
Rule 56(c)(2).
01/22/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 01/22/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
01/22/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
M. Scott
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
TERRAMAR HOMEOWNERS
ASSOCIATION
C/O KAREN KASS
17787 N. PERIMETER DR STE A111
SCOTTSDALE AZ 85255
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
ANTOINETTE S SALAZAR
6789 W TETHER TRAIL
PEORIA AZ 85383
IRIS SHIFFLETT
1576 E. JASPER COURT
BLDG. E
GILBERT AZ 85296
MINUTE ENTRY
The court has considered Plaintiff’s Motion to Dismiss Counterclaim. Counterclaimants
have failed to respond. This Court deems said noncompliance with Ariz.R.Civ.P. 7.1(b) as
consent to the relief requested. However the Court also finds that Plaintiff’s Motion has merit
and that the “counterclaims” alleged are not independent causes of action.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
01/22/2016
Docket Code 023
Form V000A
Page 2
IT IS ORDERED granting Plaintiff’s Motion to Dismiss Counterclaim and dismissing
without prejudice any and all of the counterclaims asserted.
03/21/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 03/21/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/24/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
03/21/2016
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
M Patrick/S. Brown
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
MINUTE ENTRY
The court having considered Fred A. Cerra (individually and as Trustee for ASX Trust
dated August 31, 2007) and Andrew Salazar’s Emergency Motion for an Order of Summary
Judgment Without a hearing,
IT IS ORDERED denying the foregoing motions. Plaintiff timely responded to the
“Verified Motion for Summary Judgment pursuant to Ariz. R. Civ. P. 56(a).”
IT IS FURTHER ORDERED setting an Oral Argument on the Verified Motion for
Summary Judgment pursuant to Ariz. R. Civ. P. 56(a) for May 20, 2016 at 9:00 a.m. (1 hour
reserved) before:
The Honorable Karen Mullins
Maricopa County Superior Court
OLD COURTHOUSE, THIRD FLOOR
125 West Washington Street, Courtroom 309
Phoenix, AZ 85003
Phone: 602-372-1160
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
03/21/2016
Docket Code 094
Form V000A
Page 2
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.
04/05/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 04/05/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
04/05/2016
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
M Patrick/S. Brown
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
MINUTE ENTRY
The Court has received and reviewed Defendants’ Motion for an Order to Dismiss
Plaintiff’s Complaint filed December 30, 2015.
IT IS ORDERED setting Oral Argument on Defendants’ Motion for an Order to
Dismiss Plaintiff’s Complaint for June 3, 2016 at 8:30 a.m. (1 hour reserved) before:
The Honorable Karen Mullins
Maricopa County Superior Court
OLD COURTHOUSE, THIRD FLOOR
125 West Washington Street, Courtroom 309
Phoenix, AZ 85003
Phone: 602-372-1160
04/14/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 04/14/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/19/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
04/14/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
M Patrick
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
VACATING MINUTE ENTRY
A clerical error having been made in that Oral Argument on the Verified Motion for
Summary Judgment pursuant to Ariz. R. Civ. P. 56(a) is already set for May 20, 2016 at 9:00
a.m. (1 hour reserved) before:
The Honorable Karen Mullins
Maricopa County Superior Court
OLD COURTHOUSE, THIRD FLOOR
125 West Washington Street, Courtroom 309
Phoenix, AZ 85003
Phone: 602-372-1160
IT IS ORDERED that the foregoing oral argument is affirmed.
IT IS FURTHER ORDERED vacating the minute entry with case number CV 2015-
008598, dated April 5, 2016 and filed on April 12, 2016, with docket code 094, in its entirety and
said minute entry is considered null and void.
04/25/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 04/25/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/27/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
04/25/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
M Patrick
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
MINUTE ENTRY
Defendants/Counter-Plaintiffs Andrew J. Salazar and Fred A. Cerra are hereby instructed
not to file discovery papers with the Clerk, in accordance with Ariz. R. Civ. P. 5(g)(2)(B).
04/26/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 04/26/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/28/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
04/26/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
M Patrick
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
MINUTE ENTRY
The Court has considered Defendant Andrew Salazar’s Motion for an Order to Dismiss
Plaintiff’s Entry of Default Judgment and Plaintiff’s response thereto,
IT IS ORDERED deeming Defendant Andrew Salazar’s Motion for an Order to Dismiss
Plaintiff’s Entry of Default Judgment moot as no default has been entered against Defendant,
Andrew Salazar.
05/20/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 05/20/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/24/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
05/20/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
M Patrick
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
Courtroom: 309 (OCH)
9:00 a.m. This is the time set for Oral Argument regarding Defendants’ Motion for an
Order to Dismiss Plaintiff’s Complaint filed December 30, 2015. Plaintiff, HSBC Bank USA
National Association, is represented by counsel, Jason Sherman. Defendants, Andrew J. Salazar
and Fred A. Cera, are present on their own behalf.
A record of the proceedings is made digitally in lieu of a court reporter.
Argument is heard.
For the reasons stated on the record,
IT IS ORDERED denying Defendants’ Motion for Summary Judgment.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
05/20/2016
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED denying Plaintiff’s Cross-Motion for Summary Judgment
IT IS FURTHER ORDERED this case is referred to the Court’s Alternative Dispute
Resolution Office 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 August 22, 2016. 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 this case, shall personally appear and participate in good faith in this
settlement conference even if no settlement is expected.
9:20 a.m. Matter concludes.
11/14/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 11/14/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
11/14/2016
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
P. Roe
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
THIS IS A TRIAL SETTING ORDER
PLEASE READ CAREFULLY FOR COMPLIANCE
Courtroom: 814 (ECB)
8:48 a.m. This is the time set for Telephonic Status Conference to set Trial. Plaintiff,
HSBC Bank USA National Association, is represented telephonically by counsel, Lydia Reed
Tulin. Defendants, Andrew J Salazar and Fred A Cerra are present telephonically on their own
behalf.
A record of the proceedings is made digitally in lieu of a court reporter.
Based on discussion held,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
11/14/2016
Docket Code 089
Form V000A
Page 2
IT IS ORDERED correcting the Court’s May 20, 2016 Minute Entry with regards to
Defendant’s Verified Motion for Summary Judgment Pursuant to Ariz.R.Civ.P. 56(a) Plaintiff’s
Cross-Motion for Summary Judgment was denied. Plaintiff’s Motion to Strike , filed April 25,
2016 was granted.
IT IS ORDERED setting this matter for a 3 day jury trial for July 17-19, 2017 at 9:30
a.m. before:
THE HONORABLE KAREN A. MULLINS
MARICOPA SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8th FLOOR-COURTROOM 814
PHOENIX, AZ 85003
PHONE: 602-372-1160
Trial days are normally 9:30 a.m. to 4:30 p.m., Monday through Thursday.
This is a firm trial setting. A motion to continue based on lack of preparation will
ordinarily not be granted.
IT IS FURTHER ORDERED setting a Final Trial Management Conference for June
30, 2017 at 11:00 a.m. (time allotted: 1 hour). Trial Counsel shall appear in person for the
Conference. Any self-represented party shall appear in person for the Conference. This minute
entry Order sets forth tasks that must be completed by Trial counsel. Any party that is self-
represented is advised that all tasks imposed upon “counsel” in this minute entry Order apply to
self-represented litigants.
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.
8:56 a.m. Conference concludes.
Based upon the foregoing trial setting,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
11/14/2016
Docket Code 089
Form V000A
Page 3
IT IS ORDERED:
PRETRIAL PROCEEDINGS
Motions in limine shall be filed no later than June 1, 2017. Motions in limine may and
shall be filed only in accordance with Ariz.R.Civ.P. 7.2. Prior to filing any motion in limine,
the parties through counsel must meet and confer to attempt to resolve issues to be raised
by such motions, and any motions in limine must include a certification that counsel have
so conferred. Unless prior written leave of Court is obtained for good cause shown, no party
may file more than three (3) motions in limine. The parties shall not file motions denominated as
“in limine” that are, in substance, late-filed motions for summary judgment. All motions in
limine, whether filed before or after the date of this minute entry, will be considered at the
pretrial management conference unless counsel advises the Court that a compelling reasons exist
to resolve any such motion at an earlier date.
PRETRIAL STATEMENT AND MANAGEMENT CONFERENCE DUTIES
A Joint Pretrial Statement (JPTS) must be filed no later than June 23, 2017. In addition
to the materials required by Ariz.R.Civ.P. 16(g), counsel shall meet prior to the Final Trial
Management Conference in order to discuss and prepare the following, which shall be filed with
or included in the JPTS:
A.
Proposed voir dire questions.
B.
A completed Witness Information Form (attached), setting forth a list of
all witnesses each party intends to call at trial in the order in which the
party intends to call the witness, together with the estimated time needed
for direct, cross, and redirect examinations.
C.
A joint set of agreed-upon jury instructions and verdict forms. Each party
shall provide separate sets of any requested instructions that have not been
agreed upon. (Please review Rosen v. Knaub, 175 Ariz. 329, 857 P.2d 381
(1993) and the RAJI Civil 4th Statement of Purpose and Approach before
requesting non-RAJI instructions.) Recommended Arizona Jury
Instructions (RAJI (Civil) 4th) need not be retyped, but may be listed by
name and number, such as:
RAJI Preliminary 1 - - Duty of Jurors
RAJI Standard 2 - - Burden of Proof
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
11/14/2016
Docket Code 089
Form V000A
Page 4
RAJI Negligence 1 - - Violation of Statute
NON-RAJI INSTRUCTIONS shall be typed in Word Format, numbered
consecutively, one per page, with legal authority in support of the
instruction. A CD of any non-RAJI instructions shall be provided to this
Division. (No CD is required for RAJI instructions.)
D.
A brief statement of the claims for inclusion in RAJI Preliminary 14 –
Claims Made and Issues To Be Proved.
E.
A stipulated brief summary of the case, to be read by the court during voir
dire.
F.
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 Ariz.R.Civ.P. 32(a) together with any
testimony to be offered by an opposing/other party. 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 or brief excerpts of questions and
answers, the parties should confer and prepare agreed-upon summaries.
G.
A list of all marked exhibits containing a brief description of each exhibit
and any objections to such exhibits. Any objection not so included is
waived.
H.
Copies of all expert disclosures made pursuant to Ariz.R.Civ.P. 26.1(a)(6).
At the Final Trial Management Conference, counsel who will try the case shall appear and
be prepared to discuss and resolve:
A.
Allocation of trial time among the parties and, if appropriate, time limits
for voir dire, opening statements, witness examinations, and closing
arguments;
B.
Stipulations regarding witnesses testimony and the admission of exhibits;
C.
Jury instructions, juror notebooks, and verdict forms;
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
11/14/2016
Docket Code 089
Form V000A
Page 5
D.
Deposition summaries and excerpts from depositions including objections
thereto;
E.
Scheduling, equipment, or interpreter issues;
F.
Status of settlement negotiations;
G.
Motions in limine; and
H.
Other matters addressed in the JPTS.
One day’s jury fees will be assessed against the parties (evenly divided) unless the court
is notified of settlement by 2:00 p.m. on the judicial day before trial. Counsel are reminded to
promptly notify the Court of any settlement pursuant to Rule 5.1(c)
PLEASE READ THE FOLLOWING FURTHER INSTRUCTIONS CAREFULLY
Exhibits to be offered at trial shall be delivered to the Division clerk no later than June
26, 2017. If you have any questions regarding the guidelines set forth below or anything
related to exhibits, contact this division’s clerk at (602) 372-1153.
Exhibits should be submitted to the clerk separated by a tabbed and numbered divider.
Staple or otherwise secure each individual exhibit so that pages do not become separated.
If an exhibit is too heavy or large for a hanging file folder, place it in a binder. Exhibits
not securely bound or bound with binder clips, paper clips, or rubber bands will not be
accepted.
The list of exhibits should contain the case number and caption, the scheduled trial date,
the party submitting the exhibits, the exhibit number, and a simple description of the
exhibit. Keep the descriptions of the exhibits simple. Do not use a description that
cannot be verified by looking at the document or item. Do not include Bates numbers in
your description of the exhibits.
Exhibits shall be marked numerically and consecutively beginning with Plaintiff’s
exhibits and continuing sequentially with Defendant’s exhibits (e.g. Plaintiff’s exhibits 1,
2, 3, Defendant’s exhibits 4, 5, 6). Do not skip numbers. Numbers will not be skipped
or saved in anticipation of additional exhibits not yet submitted. Any missing or skipped
exhibits shall be designated as “Unused.” Additional exhibits, if necessary, may be
marked during the course of trial.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
11/14/2016
Docket Code 089
Form V000A
Page 6
Counsel shall eliminate duplication of exhibits; duplicate exhibits will not be marked. If
duplicate exhibits exist and they are removed by the clerk and not marked, the court’s
numbering will not be consistent with the numbering counsel provided. Counsel shall,
therefore, confer regarding exhibits to ensure that there are no duplicates.
Do not list depositions on the exhibit description list because depositions are not marked
as exhibits. Original depositions shall be provided to the clerk at the time of trial for
filing directly into the court record. Counsel shall retain a copy of the depositions for
their use during the trial. The original depositions remain with the clerk to be used as
reference by the trial judge during testimony.
Posterboards and large items may only be used for demonstrative purposes. Counsel shall
advise opposing/other counsel of any demonstrative posterboards or other items at least
three (3) judicial days prior to trial. Counsel may bring posterboards and large items to
court to use during trial, however, if counsel intends any posterboards or large items
marked as an exhibit, they must provide the clerk with an 8-1/2 x 11 photograph/copy of
the item and include the photograph/copy in the submitted list of exhibits. Courtroom 309
is not an e-courtroom. No equipment is available in the courtroom except a large screen
that may be used at trial for projection of images. Equipment to project images, however,
is the sole responsibility of the parties. Court staff is not available or trained to assist any
party with any equipment you may bring or use at trial.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
11/14/2016
Docket Code 089
Form V000A
Page 7
WITNESS INFORMATION FORM
WITNESSES FOR PLAINTIFF(S)
WITNESS NAME
DIRECT
CROSS
1
2
3
4
DIRECT & CROSS TOTAL: _________________
WITNESSES FOR DEFENDANT(S)
WITNESS NAME
DIRECT
CROSS
1
2
3
4
DIRECT & CROSS TOTAL: _________________
TOTAL WITNESS TIME ESTIMATE: ___________________________
TIME ESTIMATE FOR:
PLAINTIFF
DEFENDANT
OPENING STATEMENT
CLOSING ARGUMENT
1ST: 2nd:
12/02/2016 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 12/02/2016 HONORABLE KAREN A. MULLINS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/05/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
12/02/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KAREN A. MULLINS
P. Roe
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
CORRECTING MINUTE ENTRY
A clerical error having been made,
IT IS ORDERED correcting Minute Entry dated May 20, 2016, page 1, paragraph 1,
sentence 1, to read: This is the time set for Oral Argument regarding Defendant’s Verified
Motion for Summary Judgment pursuant to Ariz. R. Civ. P. 56(a) and Plaintiff’s Cross Motion
for Summary Judgment.
IT IS FURTHER ORDERED adding the following paragraph to reflect a ruling made
on the record, but previously omitted in the May 20, 2016 Minute Entry:
IT IS ORDERED granting Plaintiff’s Motion to Strike, filed April 25, 2016.
12/23/2015 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 12/23/2015 COMMISSIONER MARGARET LABIANCA View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/28/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
12/23/2015
Docket Code 005
Form J000
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET LABIANCA
R. Walder
FOR HONORABLE KAREN A. MULLINS
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
MINUTE ENTRY
Courtroom: OCH 207
3:13 p.m. This is the time set for Appearance Hearing regarding the Verified Petition for
a Preliminary Injunction Pursuant to ARCP 65(a)(2), filed December 23, 2015.
Respondents/Petitioners Fred Cerra and Andrew Salazar are present on their own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Andrew Salazar and Fred Cerra are sworn and testify.
Discussion is held with the Court regarding Notice.
IT IS ORDERED denying the Petition, without prejudice, for lack of Notice.
3:20 p.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
12/23/2015
Docket Code 005
Form J000
Page 2
LATER:
The Court notes that the Verified Petition presented was not yet filed with the Court.
12/24/2015 — CV2015008598 B C BANK U S A NATIONAL ASSOCIATION, H S 12/24/2015 COMMISSIONER ARYEH D. SCHWARTZ View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/28/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
12/24/2015
Docket Code 005
Form J000
Page 1
CLERK OF THE COURT
COMMISSIONER ARYEH D. SCHWARTZ
R. Walder
FOR HONORABLE KAREN A. MULLINS
Deputy
H S B C BANK U S A NATIONAL
ASSOCIATION
LYDIA REED TULIN
v.
ANDREW J SALAZAR, et al.
ANDREW J SALAZAR
6789 W TETHER TR
PEORIA AZ 85383
FRED A CERRA
6789 W TETHER TR
PEORIA AZ 85383
MINUTE ENTRY
Courtroom: OCH 209
11:31 a.m. This is the time set for Appearance Hearing regarding the Verified Petition for
a Preliminary Injunction Pursuant to ARCP 65(a)(2), filed December 24, 2015.
Respondents/Petitioners Andrew Salazar and Fred Cerra are present on their own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Andrew Salazar and Fred Cerra are sworn.
Discussion is held with the Court regarding Notice.
Fred Cerra advises the Court that a copy of the Verified Petition, Affidavit, and Notice of
Filing were hand-delivered to the office of Counsel Tulin on December 23, 2015, by way of
leaving the documents with the firm’s receptionist.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-008598
12/24/2015
Docket Code 005
Form J000
Page 2
Further discussion is held.
11:52 a.m. The Court stands at recess.
12:08 p.m. Court reconvenes with the parties present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Further discussion is held.
The Court addresses the parties regarding the possibility of other forms of relief and the
need for bond.
The Court will recess until 1:30 p.m.
12:17 p.m. The Court stands at recess.
1:34 p.m. Court reconvenes. The parties do not appear.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The Court notes that the parties are not present.
The Court further notes that it has received a note left on the Division door indicating that
the date of the trustee sale has been postponed to January 28, 2016.
Based upon the note and the Petitioners’ failure to appear, the Court considers the
Petition abandoned. Therefore,
IT IS ORDERED denying the Petition without prejudice.
1:35 p.m. Matter concludes.
FILED: Note
