01/08/2019 — CV2016054885 A A FIRE & CASUALTY INSURANCE COMPANY, C S 01/08/2019 HONORABLE CYNTHIA J. BAILEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/10/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
01/08/2019
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CYNTHIA J. BAILEY
A. Wood
Deputy
C S A A FIRE & CASUALTY INSURANCE
COMPANY
DOUGLAS M SCHUMACHER
v.
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION, et al.
ROBERT GRASSO JR.
COURT ADMIN-CIVIL-ARB DESK
JUDGE BAILEY
MINUTE ENTRY
The Court having received a Notice of Settlement,
IT IS ORDERED placing this matter on the Dismissal Calendar until March 8,
2019. The matter will thereafter be dismissed, without further notice, unless prior to that date the
parties take affirmative action to remove the matter from the Dismissal Calendar such as by
complying with Civil Rule 16 or submitting a judgment or order to dismiss.
05/30/2018 — CV2016054885 A A FIRE & CASUALTY INSURANCE COMPANY, C S 05/30/2018 HONORABLE AIMEE L. ANDERSON View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
05/31/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
05/30/2018
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE AIMEE L. ANDERSON
K. Hartley
Deputy
C S A A FIRE & CASUALTY INSURANCE
COMPANY
DOUGLAS M SCHUMACHER
v.
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION, et al.
ROBERT GRASSO JR.
MINUTE ENTRY
IT IS ORDERED approving and settling the formal written Amended Scheduling Order
signed by the Court on May 27, 2018, and filed (entered) by the Clerk on May 30, 2018.
Please note: The Court has signed a hard-copy version of the order. 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.
07/25/2018 — CV2016054885 A A FIRE & CASUALTY INSURANCE COMPANY, C S 07/25/2018 HONORABLE CYNTHIA J. BAILEY View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
07/30/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
07/25/2018
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CYNTHIA J. BAILEY
A. Wood
Deputy
C S A A FIRE & CASUALTY INSURANCE
COMPANY
DOUGLAS M SCHUMACHER
v.
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION, et al.
ROBERT GRASSO JR.
JUDGE BAILEY
MINUTE ENTRY
On the Court's own motion,
IT IS ORDERED vacating the Telephonic Pre-Trial Status Conference set August 31,
2018 and resetting same for September 5, 2018 at 9:00 a.m. (15 minutes), in this division.
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)506-5121 at
least five minutes before the scheduled time. The parties and counsel shall not be
permitted to participate in conferences via cell phones or speakerphone.
08/24/2018 — CV2016054885 A A FIRE & CASUALTY INSURANCE COMPANY, C S 08/24/2018 HONORABLE CYNTHIA J. BAILEY View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
08/28/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
08/24/2018
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CYNTHIA J. BAILEY
A. Wood
Deputy
C S A A FIRE & CASUALTY INSURANCE
COMPANY
DOUGLAS M SCHUMACHER
v.
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION, et al.
ROBERT GRASSO JR.
JUDGE BAILEY
MINUTE ENTRY
Due to the unavailability of the Court and on the court’s own motion,
IT IS ORDERED vacating the telephonic trial setting conference set for September 5,
2018 and resetting same for September 10, 2018 at 9:00 a.m. (15 minutes allotted), in this
division.
09/10/2018 — CV2016054885 A A FIRE & CASUALTY INSURANCE COMPANY, C S 09/10/2018 HONORABLE CYNTHIA J. BAILEY View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
09/14/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
09/10/2018
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CYNTHIA J. BAILEY
A. Wood
Deputy
C S A A FIRE & CASUALTY INSURANCE
COMPANY
DOUGLAS M SCHUMACHER
v.
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION, et al.
PARI K SCROGGIN
JUDGE BAILEY
MINUTE ENTRY
Courtroom 108-NE
9:05 a.m. This is the time set for a Telephonic Trial Setting Conference. Counsel
Douglas Schumacher is present on behalf of Plaintiff CSAA Fire & Casualty Insurance
Company. Counsel Pari Scroggin is present on behalf of Defendant Discovery at the Orchard
Homeowners Association, et al.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion held regarding mediation.
IT IS ORDERED setting a 4-Day Jury Trial on January 28-31, 2019. Trial hours are as
follows: from 9:30 a.m. to 4:30 p.m., before:
THE HONORABLE JUDGE CYNTHIA BAILEY
SUPERIOR COURT OF ARIZONA
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
09/10/2018
Docket Code 089
Form V000A
Page 2
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH STREET
COURTROOM 108
PHOENIX, ARIZONA 85032
THIS IS A FIRM TRIAL SETTING.
Please note that normal trial days in this division are Monday through Thursday. First day
shall commence at 9:30 a.m., each day after will commence at 9:00 a.m. (unless otherwise
ordered). The lunch break will be taken at 12:00 p.m., with the afternoon session to begin promptly
at 1:30 p.m. A fifteen (15) minute break will be taken both mid-morning and mid-afternoon, with
the trial day to end at 4:30 p.m.
IT IS FURTHER ORDERED setting a Final Pretrial Management Conference on
November 30, 2018 at 10:00 a.m. (1 hour allotted). The Pretrial Management Conference shall
be governed by the Pretrial Management Orders issued this date. Trial counsel and/or the parties
shall attend this conference in person.
IT IS FURTHER ORDERED all trial exhibits shall be submitted for marking not later
than January 18, 2019.
No information disclosed after the dates contained in the order may be used at the trial
absent court order on motion and affidavit.
The proceedings will take place in the Superior Court’s new “e-courtroom.” A record of
the proceedings will often, but not always, be made by FTR in lieu of a court reporter. If a court
reporter is required, the Court must receive a written request prior to the Trial Management
Conference set. Failure to timely request a court reporter will be deemed consent to proceed
without 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 Self Center to request a daily copy of a court hearing or trial proceeding
being conducted and pay the applicable fee. Should an official transcript be required, you may
request that the court prepare it. The party ordering the transcript must pay for it.
If the parties are not familiar with the courtroom’s technology, they are encouraged to set
up an appointment with the court’s technology liaison at 602.372.7876.
9:16 a.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
09/10/2018
Docket Code 089
Form V000A
Page 3
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
09/10/2018
Docket Code 089
Form V000A
Page 4
PRETRIAL STATEMENT ORDERS
1. IT IS ORDERED that the Joint Pretrial Statement (JPTS) in accordance with Rule
16(d), Arizona Rules of Civil Procedure (ARCP) is due in this division by 5:00 p.m., November
19, 2018.
2. IT IS FURTHER ORDERED the Joint Pretrial Statement shall contain the following:
(A) Stipulations of material fact and law;
(B) Such contested issues of fact and law as counsel can agree are material or applicable;
(C) A separate statement by each party of other issues of fact and law believed by that
party to be material;
(D) A list of witnesses intended to be used by each party during trial. Each party shall list
any objections to a witness and the basis for that objection. No witness shall be used at the trial
other than those listed, except for good cause shown. Witnesses whose testimony will be received
by deposition testimony only will be so indicated;
(E) Each party’s final list of exhibits to be used at trial for any purpose, including
impeachment. Plaintiffs shall deliver copies of all of their exhibits to all parties twenty days before
the final pretrial conference. All other parties shall deliver copies of all their exhibits to all parties
fifteen days before the final pretrial conference. Any exhibit that cannot be reproduced must be
made available for inspection to all parties on or before the deadlines stated above. Each party
shall list any objections to an exhibit and the basis for that objection. No exhibit shall be used at
the trial other than those listed, except for good cause shown. The parties shall indicate any
exhibits which the parties stipulate can be admitted into evidence, such stipulations being subject
to court approval;
(F) A statement by each party indicating any proposed deposition summaries or
designating portions of any deposition testimony to be offered by that party at trial, other than for
impeachment purposes. Deposition testimony shall be designated by transcript page and line
numbers. A copy of any proposed deposition summary and written transcript of designated
deposition testimony should be filed with the Joint Pretrial Statement. Each party shall list any
objections to the proposed deposition summaries and designated deposition testimony shall be
used at trial other than that designated or counter-designated or for impeachment purposes;
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
09/10/2018
Docket Code 089
Form V000A
Page 5
(G) A brief statement of the case to be read to the jury during voir dire. If the parties
cannot agree on this statement, then each party shall submit a separate statement to the judge who
will decide the contents of the statement to be read to the jury;
(H) Technical equipment needed or interpreters requested;
(I) The number of jurors and alternates agreed upon, whether the alternates may deliberate,
and the number of jurors required to reach a verdict;
(J) Whether any party will invoke Rule 615 of the Arizona Rules of Evidence regarding
exclusion of witnesses from the courtroom; and
(K) A brief description of settlement efforts.
3.
IT IS FURTHER ORDERED that at the time of filing the joint pretrial statement,
both parties shall submit a joint draft proposed final jury instructions, in Word, with all case
citations and RAJI references removed from the draft. In the event that the parties disagree on a
particular jury instruction, both parties’ proposed jury instruction shall be included in the draft
proposed jury instructions with the notation “Disputed” in the name of the instruction.
4.
IT IS FURTHER ORDERED each party who will be submitting a trial
memorandum shall file such memorandum five days before the final pretrial conference, or if no
conference is scheduled, five days before the trial.
MOTIONS IN LIMINE
Pursuant to Rule 7.2(a) ARCP, counsel shall meet and confer to discuss and identify any
disputed evidentiary issues that are anticipated to be the subject of motions in limine. The parties
are directed to provide the court with a written report of agreements reached at the conference so
that the court can enforce such agreements. At the time of filing any motions in limine, counsel
shall also provide the court notice that counsel have met in person prior to the filing of said motions
in limine or the motion(s) may be stricken.
Motions in limine shall be filed only in accordance with Rule 7.2, ARCP. Motions in
limine shall be filed thirty (30) days before the PTMC and such motions must meet the test of State
v. Superior Court, 108 Ariz. 396, 397, 499 P.2d 152 (1972). No “prophylactic” motions in limine
may be filed. A written response to a motion in limine may be filed no later than ten (10) days
thereafter. The Court will rule on the motions in limine without oral argument. If the Court wishes
to hear argument, the argument will be heard at the PTMC. No replies shall be filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
09/10/2018
Docket Code 089
Form V000A
Page 6
Unless prior written leave of Court is obtained for good cause shown, no party may
file more than three (3) motions in limine, including all subparts. The parties shall not file
motions denominated as “in limine” that are, in substance, late-filed motions for summary
judgment.
DISPOSITIVE MOTIONS
All motions, other than motions in limine, shall be filed not later than ninety (90) days
prior to the date set for trial unless otherwise ordered by the court.
Notices of Settlement
In accordance with the provisions of ARCP 41(a), to be effective, any Notice of
Settlement or Dismissal providing for resolution of one or more pending claims that is filed
after service by the opposing party’s answer or dispositive motion, must be signed by each
affected party (or appropriate counsel) prosecuting or defending against the claim(s) covered
by the Notice. Each filed Notice shall state whether it resolves all pending issues in the case
and constitutes a representation to the Court that the claims subject to the Notice have been
fully resolved with respect to Notice signatories, and that the only further relief to be sought
with respect to such claims is entry of an order that each signatory confirms is consistent
with the agreement that gave rise to filing of the Notice.
IT IS FURTHER ORDERED that the Time Estimates for Trial attached hereto shall be
submitted on the same date as the parties’ Joint Pretrial Statement as ordered herein.
ATTACHED: SAMPLE FORMAT FOR TIME ESTIMATE FORM AND EXHIBIT
PROCEDURES
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
09/10/2018
Docket Code 089
Form V000A
Page 7
CAUSE NUMBER
CASE CAPTION
PLAINTIFF'S COUNSEL
DEFENDANT'S COUNSEL
(NOTE: Add additional lines as needed for additional parties and or witnesses.)
TIME ESTIMATES FOR TRIAL
Opening Statement and Closing Argument
PLAINTIFF'S OPENING STATEMENT
DEFENDANT'S OPENING
PLAINTIFF'S CLOSING
DEFENDANT'S CLOSING
PLAINTIFF'S REBUTTAL
Estimate of Time for Witness Examination
PLAINITIFF'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
Estimate of Time for Witness Examination
DEFENDANT'S
WITNESSES
DIRECT
EXAMINATION
CROSS
EXAMINATION
REDIRECT
EXAMINATION
The foregoing are based on the best estimates of counsel of the time reasonably needed to
complete the necessary examination of the witnesses listed.
____________________________________
Counsel for Plaintiff
___________________________________
Counsel for Defendant
GUIDELINES FOR COUNSEL WHEN PREPARING EXHIBITS FOR USE IN COURT
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
09/10/2018
Docket Code 089
Form V000A
Page 8
COUNSEL PLEASE READ
Exhibits are due to the Court not later than January 18, 2019.
If Defendant’s exhibits are received prior to Plaintiff’s exhibits, the Clerk may mark them
first with Plaintiff’s exhibits following.
Exhibits will be marked consecutively, Plaintiff’s exhibits are marked first and then
Defendant’s exhibits. The clerk cannot reserve numbers for exhibits that will be provided at a
later date. To avoid confusion during trial, it is essential that counsel avoid submitting duplicate
exhibits. The clerk cannot reserve numbers for exhibits that will be provided at a later date. Do
not list “Any and all exhibits listed by ….” Depositions will not be marked as an exhibit. Original
depositions to be used for impeachment purposes shall be provided to the clerk on the first day of
trial/hearing to be hand-filed by the clerk.
*******If a party is submitting more than 100 exhibits, that party shall submit those
exhibits in three-ring, tabbed binders.********
****Each multiple page exhibit must be securely fastened together by staple or other
means. NO PAPER CLIPS, BINDER CLIPS, OR RUBBER BANDS may be used. If Acco
fasteners are used they must be long enough to fasten securely.****
Counsel are to provide a workable list of exhibits. The list should include a description of
each exhibit. (See blank sample of an exhibit table below as a reference.) Do not put numbers on
the exhibits; however a colored sheet of paper with the exhibit number on it should be placed
in front of each exhibit.
Exhibit Description Information:
The descriptions should be verifiable when viewing the first page of the exhibit.
Letter designations such as 5A, 5B, etc. shall not be used.
No bates stamp references or number of pages in documents should be used.
If counsel are submitting large charts, blow-ups or maps, please include a small version
which can be marked as the exhibit and can go into the jury if in evidence. The blow-ups, charts
and/or maps can be used as demonstrative but will not be marked as exhibits and will be returned
to counsel.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
09/10/2018
Docket Code 089
Form V000A
Page 9
For additional assistance in preparation of exhibits contact the courtroom clerk at 602-372-
7732.
Sample of List of Exhibits to be provided to the courtroom clerk:
EXHIBIT LIST
Exhibit
No.
Identi-
fied By
Description
Stipulated in
Evidence/
Objection
11/30/2018 — CV2016054885 A A FIRE & CASUALTY INSURANCE COMPANY, C S 11/30/2018 HONORABLE CYNTHIA J. BAILEY View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
12/05/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
11/30/2018
Docket Code 027
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CYNTHIA J. BAILEY
A. Wood
Deputy
C S A A FIRE & CASUALTY INSURANCE
COMPANY
DOUGLAS M SCHUMACHER
v.
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION, et al.
ROBERT GRASSO JR.
JUDGE BAILEY
MINUTE ENTRY
Courtroom 108-NE
10:23 a.m. This is the time set for Trial Management Conference. Counsel Douglas
Schumacher is present on behalf of Plaintiff CSAA Fire & Casualty Insurance Company.
Counsel Robert Grasso Jr is present on behalf of Defendant Discovery at the Orchard
Homeowners Association et al.
A record of the proceedings is made digitally in lieu of a court reporter.
Motions in limine are argued.
IT IS ORDERED denying Defendants’ Motion in Limine #1 re: Plaintiff’s Experts filed
on October 31, 2018.
IT IS FURTHER ORDERED granting Defendants’ Motion in Limine #2 re: Non-Existent
Exhibit.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
11/30/2018
Docket Code 027
Form V000A
Page 2
Trial to a Jury is confirmed for: January 28, 2019 at 9:30 a.m. The estimated length of
trial is: 4 days. Trial hours are as follows: 9:30 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m. each
day.
Trial protocol is discussed.
Counsel agree that the jury in this case will consist of eight jurors plus one alternate juror.
The alternate juror will deliberate.
The Court will conduct standard voir dire. Counsel may anticipate 15-20 minutes of
follow-up questioning.
The Court uses the struck method for jury selection.
Each side will have five peremptory strikes.
The Rule of Exclusion of Witnesses will be invoked.
With respect to deposition designations that are to be offered at trial other than for
impeachment purposes, the Court will resolve objections as follows. At least 24 hours before a
party plans to read deposition testimony, that party shall provide the Court with a hard copy of the
deposition transcript with the designated portions highlighted in one color, cross-designations
highlighted in another color, and the objections written in the margins so the Court can rule on the
objections.
IT IS ORDERED that with respect to any exhibit that counsel wish to present to the jury
in opening, either the parties are to have an agreement in advance that the exhibit is admitted or
the issue shall be brought to the Court’s attention on the morning that the trial starts.
IT IS FURTHER ORDERED affirming the Court’s previous order that all trial exhibits
shall be delivered to this division’s clerk no later than 5:00 p.m. on January 18, 2019.
Discussion is held regarding jury selection, time estimates, bench conferences, offers of
proof, examination of witnesses, making objections, and questions from the jury.
With respect to disclosure objections, counsel should be prepared to show the Court any
pertinent correspondence concerning disclosures and discovery.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
11/30/2018
Docket Code 027
Form V000A
Page 3
Let the record reflect that both sides were provided copies of the Court’s standard
preliminary jury instructions and voir dire script for review.
10:55 a.m. Hearing concludes.
12/05/2018 — CV2016054885 A A FIRE & CASUALTY INSURANCE COMPANY, C S 12/05/2018 HONORABLE CYNTHIA J. BAILEY View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
12/07/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
12/05/2018
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CYNTHIA J. BAILEY
A. Wood
Deputy
C S A A FIRE & CASUALTY INSURANCE
COMPANY
DOUGLAS M SCHUMACHER
v.
DISCOVERY AT THE ORCHARD
HOMEOWNERS ASSOCIATION, et al.
ROBERT GRASSO JR.
JUDGE BAILEY
MINUTE ENTRY
The Court has reviewed the materials filed in support of and in opposition to Defendant’s
Motion for Summary Judgment filed on September 4, 2018.
IT IS ORDERED setting Oral Argument on the above-noted Motion(s) for January 8,
2019 at 10:00 a.m. (30 minutes allotted). Counsel and any unrepresented parties shall appear in
person for this hearing before:
THE HONORABLE CYNTHIA BAILEY
MARICOPA COUNTY SUPERIOR COURT
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH ST., COURTROOM 108
PHOENIX, AZ 85032
PHONE: 602-506-5121
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-054885
12/05/2018
Docket Code 094
Form V000A
Page 2
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.
