01/04/2017 — CV2015095462 B FLASH PROPERTIES L L C, T C 01/04/2017 HON. DAVID K. UDALL View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/06/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
01/04/2017
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
H. Bell
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
DREW M GULLY
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
Based on this matter being subject to Arbitration,
IT IS ORDERED vacating the Scheduling Order signed by the Court on December 13,
2016.
IT IS FURTHER ORDERED vacating the Trial Setting Conference set for March 10,
2017 at 9:00 a.m. in this division.
01/08/2018 — CV2015095462 B FLASH PROPERTIES L L C, T C 01/08/2018 HONORABLE JOSHUA D. ROGERS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/09/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
01/08/2018
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSHUA D. ROGERS
H. Bell
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
MINUTE ENTRY
The Court has received and reviewed the Stipulation to Judgment.
IT IS ORDERED approving and settling formal written Judgment against Defendant
signed by the Court on January 8, 2018, and filed (entered) by the Clerk on January 8, 2018.
No further matters remain in this case, therefore, this is a final Judgment entered pursuant
to Rule 54(c), Ariz.R.Civ.P.
03/21/2016 — CV2015095462 B FLASH PROPERTIES L L C, T C 03/21/2016 HON. DAVID K. UDALL View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
03/22/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
03/21/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
S. McCoy
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
The Court has received and considered Defendant’s Motion to Dismiss and Plaintiff’s
Response thereto. No Reply has been received. The Court has also received and reviewed
Defendant’s Motion for Summary Disposition of Motion to Dismiss and Defendant’s
Accelerated Motion for Reconsideration of Motion for Summary Disposition of Motion to
Dismiss. After consideration,
IT IS ORDERED denying Defendant’s Accelerated Motion for Reconsideration of
Motion for Summary Disposition of Motion to Dismiss.
IT IS FURTHER ORDERED denying Defendant’s Motion to Dismiss.
Dated this 21st day of March, 2016
/ s / HONORABLE DAVID K. UDALL
HONORABLE DAVID K. UDALL
JUDICIAL OFFICER OF THE SUPERIOR COURT
05/17/2017 — CV2015095462 B FLASH PROPERTIES L L C, T C 05/17/2017 HON. DAVID K. UDALL View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/19/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
05/17/2017
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
H. Bell
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
MINUTE ENTRY
The Court has received Defendant’s Appeal from Arbitration and Motion to Set for Trial
Setting filed May 16, 2017.
Pursuant to Rule 77(f), Ariz. R. of Civ. P., the parties shall have until August 5, 2017 to
complete discovery. Absent a showing of good cause, the Court will not extend the time for
discovery or allow a supplemental list of witnesses and exhibits to be filed.
The parties having previously participated in Arbitration, a settlement conference or
mediation is not ordered, unless specifically requested by the parties.
On August 25, 2017 at 10:30 a.m. (15 min. allotted), the court will conduct a telephonic
trial scheduling conference. Attorneys and self-represented parties shall have their trial
calendars available for the conference. Counsel for Plaintiff shall initiate the conference call by
arranging for the presence of all other counsel and self-represented parties, and by calling this
Division at 602-506-5514 at the scheduled time.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
05/17/2017
Docket Code 041
Form V000A
Page 2
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.
No stipulation of the parties that alters a filing deadline or a hearing date contained in this
scheduling order will be effective without an order of this court approving the stipulation. Dates
set forth in this order that govern court filings or hearings are FIRM dates and may be modified
only with this court’s consent and for good cause.
IT IS FURTHER ORDERED the parties shall submit a Joint Report, in the form attached
hereto, no later than August 8, 2017. Counsel shall upload and e-file all proposed orders in
WORD format to allow for possible modification by the Court if needed.
JOINT REPORT
Appeal from Arbitration
1.
Brief description of the case:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2.
Special case management: Special case management procedures are
appropriate: [ ] yes [ ] no
If “yes,” the following case management procedures are appropriate because:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
3.
Settlement: The parties having previously participated in Arbitration, a
settlement conference is not required, unless one is specifically requested by the parties.
4.
Readiness: This case will be ready for trial by __________________________
5.
Jury: A trial by jury is demanded [ ] yes [ ] no
6.
Length of Trial: The estimated length of trial is _______ days.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
05/17/2017
Docket Code 041
Form V000A
Page 3
7.
Summary jury: The parties agree to a summary jury trial. [ ] yes [ ] no
8.
Preference: This case is entitled to a preference for trial pursuant to following
statute or rule: _______________________________________
9.
Special requirements: [ ] At a pretrial conference and/or [ ] at trial, a party
will require:
[ ] disability accommodations (specify) ___________________________
[ ] an interpreter (specify language) ______________________________
10.
Other matters: Other matters that the parties wish to bring to the court’s
attention that may affect management of this case:
_________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
Dated this _____ day of _______________, 2017.
_______________________________
______________________________
For Plaintiff
For Defendant
Judge Sign
06/06/2016 — CV2015095462 B FLASH PROPERTIES L L C, T C 06/06/2016 HON. DAVID K. UDALL View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
06/10/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
06/06/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
The Court has received and reviewed the Defendant’s Rule 56(F) Motion and Affidavit
for Fifteen (15) Day Enlargement of Time to File Response to Motion for Summary Judgment.
Good cause appearing,
IT IS ORDERED granting the Defendants’ Motion for Enlargement of Time and
extending the deadline for Response to the Plaintiff’s Motion for Summary Judgment to June
16, 2016.
Dated this 6th day of June, 2016
/ s / HONORABLE DAVID K. UDALL
HONORABLE DAVID K. UDALL
JUDICIAL OFFICER OF THE SUPERIOR COURT
06/20/2016 — CV2015095462 B FLASH PROPERTIES L L C, T C 06/20/2016 HON. DAVID K. UDALL View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
06/21/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
06/20/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
The Court has received and reviewed Defendant’s Rule 56(F) Motion and Affidavit for
Three (3) Day Enlargement of Time to File Response to Motion for Summary Judgment. The
Court attempted to contact counsel for Plaintiff regarding their position on the Motion; however,
no response was received. Good cause appearing,
IT IS ORDERED granting Defendant’s Motion for a three-day enlargement of time and
extending the deadline for Defendant to file their Response to the Plaintiff’s Motion for
Summary Judgment to 5:00 p.m. on June 21, 2016.
Dated this 20th day of June, 2016
/ s / HONORABLE DAVID K. UDALL
HONORABLE DAVID K. UDALL
JUDICIAL OFFICER OF THE SUPERIOR COURT
08/08/2016 — CV2015095462 B FLASH PROPERTIES L L C, T C 08/08/2016 HON. DAVID K. UDALL View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/09/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
08/08/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
H. Bell
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
MINUTE ENTRY
The Court has received and reviewed Plaintiff’s Motion for Summary Judgment, filed
April 27, 2016; Plaintiff’s Separate Statement of Facts in Support of Plaintiff’s Motion for
Summary Judgment; Plaintiff’s Notice of Filing Affidavit of Shelly Phan, filed May 4, 2016;
Defendant’s Response In Opposition to Plaintiff’s Motion for Summary Judgment and Cross
Motion for Summary Judgment, filed June 21, 2016; Defendant’s Separate Statement of Facts in
Opposition to Plaintiff’s Motion for Summary Judgment and In Support of Defendant’s Cross
Motion for Summary Judgment; Plaintiff’s Reply to Its Motion For Summary Judgment and
Plaintiff’s Response to Defendant’s Cross Motion for Summary Judgment, filed June 27, 2016.
No reply has been filed as to Defendant’s Cross Motion for Summary Judgment.
IT IS ORDERED denying Plaintiff’s Motion for Summary Judgment, filed April 27,
2016.
IT IS FURTHER ORDERED denying Defendant’s Cross Motion for Summary
Judgment, filed June 21, 2016.
08/28/2017 — CV2015095462 B FLASH PROPERTIES L L C, T C 08/28/2017 HON. RANDALL H. WARNER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/29/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
08/28/2017
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
COURT ADMIN-CIVIL-CCC
JUDGE ROGERS
JUDGE UDALL
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable David Udall, who has disqualified
himself. The case was transferred to the Presiding Civil Judge for reassignment.
IT IS ORDERED reassigning this case to Civil Calendar CVJ-21, the Honorable Joshua
Rogers, for all further proceedings.
IT IS FURTHER ORDERED that any and all hearings set by the disqualified judge are
vacated, to be reset by the new division.
IT IS FURTHER ORDERED that the parties shall jointly file within 10 days of the
date of this minute entry, a notice with the new division listing any outstanding motions
(including the file dates), whether they are ripe for resolution, and any hearings that need to be
reset.
08/29/2017 — CV2015095462 B FLASH PROPERTIES L L C, T C 08/29/2017 HONORABLE JOSHUA D. ROGERS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/30/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
08/29/2017
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSHUA D. ROGERS
I. Ostrander
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
SCHEDULING CONFERENCE SET
This case has been re-assigned to this division. Before the Court is Defendant’s Appeal
from Arbitration and Motion to Set for Trial Setting filed on May 16, 2017.
Pursuant to Rule 77(a), Arizona Rules of Civil Procedure,
IT IS ORDERED setting this matter for telephonic Scheduling Conference on
September 12, 2017, at 8:45 a.m. (15 minutes allotted) for the purpose of selecting a trial date.
Counsel shall have their trial calendars available. Telephonic conference is set before:
The Honorable Joshua D. Rogers
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.1603
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
08/29/2017
Docket Code 041
Form V000A
Page 2
IT IS FURTHER ORDERED Plaintiff’s counsel shall initiate the telephonic conference
by first arranging the presence of all other counsel or self-represented parties on the call and then
calling this division at (602) 506.1603 promptly at the scheduled time. All parties appearing
telephonically must be joined in a single conference call and be prepared to hold until called
upon.
The call should be placed in an area with no background noise and not in a moving
vehicle. Failure to do so may prevent the parties from hearing the proceedings in the courtroom
and/or may prevent the Court from hearing the parties. State your name so there may be a clear
record as to which party is speaking.
The proceeding will take place in the Superior Court’s e-courtroom. A record of the
proceedings will be made digitally in lieu of a court reporter. Should you want an unofficial
copy of the proceedings, the parties or counsel may request a videotape or CD of the proceedings
for a $30.00 charge. If a CD or videotape 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) 506.710. 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.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting 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: 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.
09/12/2017 — CV2015095462 B FLASH PROPERTIES L L C, T C 09/12/2017 HONORABLE JOSHUA D. ROGERS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/13/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
09/12/2017
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSHUA D. ROGERS
I. Ostrander
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
STATUS/SCHEDULING CONFERENCE
TRIAL TO JURY SET
Courtroom 206 SEF
8:46 a.m. This is the time set for telephonic Status/Scheduling Conference to set trial.
Plaintiff Summer Place Terrace Homeowners Association, Inc., is represented telephonically by
counsel Brian W. Morgan. Defendant TCB Flash Properties, LLC, is represented telephonically
by counsel Matthew F. Leathers.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the status of the case. The parties advise the Court they are
prepared to set a trial date. Accordingly,
IT IS ORDERED as follows:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
09/12/2017
Docket Code 089
Form V000A
Page 2
1. Setting a Trial Management Conference on January 8, 2018, at 11:00 a.m. (30
minutes allotted). All parties must appear in person and cannot appear
telephonically.
2. Setting Trial to a Jury on January 16, 2018, at 9:30 a.m. (3 days allotted) before:
THE HONORABLE JOSHUA D. ROGERS
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.1603
Scheduled Trial days are January 16 – 18, 2018.
Trial hours are 9:30 a.m. to 4:30 p.m. daily. The Court will take two 15-minute recesses,
one in the morning and one in the afternoon. The lunch recess will be from 12:00 p.m. to 1:30
p.m.
Duties Prior to Trial
1. Dispositive Motions: All dispositive motions, including Rule 56 motions, shall be
filed no later than October 18, 2017.
2. Motions in Limine: All Motions in Limine shall be filed no later than December 18,
2017, and such motions must meet the test of State v. Superior Court, 108 Ariz. 396,
397; 499 P.2d 152 (1972). The primary purpose of a Motion in Limine is to avoid
disclosing to the jury prejudicial matters that may compel a mistrial. See also, Ariz. R.
Evid. 103(c). A written response to a Motion in Limine may be filed no later than ten
(10) calendar days thereafter. 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 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
09/12/2017
Docket Code 089
Form V000A
Page 3
3. Joint Pretrial Statement: Counsel shall file no later than January 2, 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).
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 invoked.
4. 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 (the Judge would appreciate counsel providing a copy of the jury
instructions request in Microsoft Word on CD):
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.
Recommended Arizona Jury Instructions (RAJI) need not be typed and may be
requested in the following manner: RAJI 3d Standard 1 - Duty of Jurors. Non-RAJI
instructions should be typed. Each instruction should cover only one subject.
Duties at the Trial Management Conference
1. Counsel shall be prepared to argue Motions in Limine if the Court deems necessary.
2. Counsel shall be prepared to discuss:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
09/12/2017
Docket Code 089
Form V000A
Page 4
a. Time limits in voir dire, opening statements, examination of witnesses, and closing
arguments.
b. Preliminary jury instructions, mini opening statements and voir dire.
c. Agreed-upon deposition summaries and excerpts from deposition transcripts and the
editing of any videotaped depositions.
d. Any special scheduling or equipment issues.
Procedures for Submitting Exhibits to be Marked for Trial
1. Provide an exhibit list with a brief description of each exhibit. The list should
contain the case number, the caption, the scheduled trial date, and the party
(Plaintiff/Defendant) submitting the exhibits. Counsel should confer and insure
there are NO duplicate exhibits submitted.
2. Exhibits will be marked numerically and consecutively.
a. Plaintiff’s exhibits are marked first, followed by Defendant’s. Accordingly, the
Defendant’s exhibits’ numbering shall start at the next number following the last
of Plaintiff’s exhibits. (For example, Plaintiff submits 82 exhibits, which are
marked as exhibits 1 through 82. Defendant submits 63 exhibits, which are
marked as exhibits 83 through 145.) Please do not combine the parties’ exhibits.
Each side’s exhibits must be submitted separately and in numerical order, with a
colored sheet of paper between each exhibit and with the corresponding exhibit
number thereon.
b. Do NOT use subsections of exhibits, e.g., 4a or 4.001. If subsections are used,
each subsection will be marked as the next consecutive number and your exhibit
list numbers will not match the Court’s exhibit list numbers. Please use only the
next consecutive number for each exhibit.
c. Do not leave blank spaces as numbers will not be held. If there is a blank, the
next exhibit shall be marked consecutively to the previously numbered exhibit.
3. Blow-ups and large items may only be used for demonstrative purposes during trial.
If you would like them to be marked as an exhibit, you must provide/submit an 8 ½ x
11” photo of the item for marking as an exhibit.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
09/12/2017
Docket Code 089
Form V000A
Page 5
4. Depositions are NOT marked as exhibits. Counsel shall present ORIGINAL
depositions for filing at the same time that exhibits are provided. ORIGINAL
depositions are filed in by the division clerk.
5. EXHIBITS MUST BE DELIVERED to Judge Rogers’ division clerk by 12:00
p.m. on January 2, 2018. If the clerk is unavailable, the exhibits may be given to
the bailiff or to the judicial assistant. The parties are directed to meet in person to
exchange exhibits before coming to court. The parties shall make sure that they do
not bring to the clerk a set of exhibits that include duplicate exhibits.
6. The parties are strongly discouraged from marking exhibits they do not
anticipate offering during trial. The parties shall include a section in the Joint
Pretrial Statement regarding exhibits that may be used during trial (and need
not be initially marked), separate and apart from those exhibits the parties know
will be offered and should be initially marked as trial exhibits in this case.
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 trial. Counsel are reminded to promptly notify the Court of any
settlement pursuant to Ariz. R. Civ. P. Rule 5.3(d).
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.
A trial date now having been set, the parties may, without leave of the Court, modify the
deadlines previously set in the previously filed Scheduling Order, using the trial date as a
guideline for the new dates. Should the parties reach an impasse in their discussions to modify
the deadlines, they may contact the Court for the setting of a telephonic status conference.
The trial will take place in the Superior Court’s e-courtroom. A record of the
proceedings will be made digitally 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
09/12/2017
Docket Code 089
Form V000A
Page 6
With this technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting 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.
8:49 a.m. Hearing concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
09/12/2017
Docket Code 089
Form V000A
Page 7
WITNESS INFORMATION FORM
WITNESSES FOR PLAINTIFF(S)
WITNESS NAME
DIRECT
CROSS
1
2
3
4
5
6
DIRECT & CROSS EXAMINATION TOTAL:
________________
WITNESSES FOR DEFENDANT(S)
WITNESS NAME
DIRECT
CROSS
1
2
3
4
5
6
DIRECT & CROSS EXAMINATION TOTAL:
________________
TOTAL WITNESS TIME ESTIMATE:
_______________________
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
09/12/2017
Docket Code 089
Form V000A
Page 8
TIME ESTIMATE FOR:
PLAINTIFF
DEFENDANT
OPENING STATEMENT
CLOSING ARGUMENT
1st:
2nd:
11/22/2016 — CV2015095462 B FLASH PROPERTIES L L C, T C 11/22/2016 HON. DAVID K. UDALL View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/30/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095462
11/22/2016
Docket Code 044
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
H. Bell
Deputy
SUMMER PLACE TERRACE HOMEOWNERS
ASSOCIATION INC
BRIAN W MORGAN
v.
T C B FLASH PROPERTIES L L C
MATTHEW F LEATHERS
DOCKET-CIVIL-SE
CASE REINSTATED
The Court has received and considered Plaintiff’s Motion to Reinstate Case, filed
October 28, 2016, the response, filed November 14, 2016 and the reply, filed November 15,
2016.
IT IS ORDERED granting the Motion to Reinstate Case all in accordance with the
formal written Order signed by the Court on November 17, 2016, and filed (entered) by the Clerk
on November 22, 2016.
IT IS FURTHER ORDERED this case is hereby reopened and reinstated on the active
calendar.
