01/21/2020 — CV2019000449 GASS, MARY ANN 01/21/2020 HON. TERESA SANDERS View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/22/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
01/21/2020
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HON. TERESA SANDERS
M. Hines/A. Walker
Deputy
LAKE PARK VILLAGE I HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
MARY ANN GASS, et al.
KEVIN R HARPER
COURT ADMIN-CIVIL-ARB DESK
JUDGE SANDERS
DISMISSAL CALENDAR
The Court having read Defendant’s Notice of Settlement filed on January 15, 2020,
IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal on March
23, 2020, without prejudice and without further notice, unless prior to said date a judgment is
entered or filed or a stipulation of dismissal is presented.
IT IS FURTHER ORDERED vacating the Trial Scheduling Conference on July 16, 2020
at 9:15 a.m. in this division.
03/22/2019 — CV2019000449 GASS, MARY ANN 03/22/2019 HON. TERESA SANDERS View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
03/25/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
03/22/2019
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. TERESA SANDERS
A. Durda
Deputy
LAKE PARK VILLAGE I HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
MARY ANN GASS, et al.
COMM. GARBARINO
JUDGE SANDERS
MINUTE ENTRY
This Court has received Plaintiff’s e-filed Application/Motion for Default against
defendant(s), U.S. Bank National Association, N.D., 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
David Garbarino.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
03/22/2019
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.
Pursuant to the Maricopa County eFiling Guidelines, Section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
and Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet, in paper to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form.
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp
04/24/2019 — CV2019000449 GASS, MARY ANN 04/24/2019 HON. TERESA SANDERS View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
04/25/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
04/24/2019
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. TERESA SANDERS
A. Durda
Deputy
LAKE PARK VILLAGE I HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
MARY ANN GASS, et al.
KEVIN R HARPER
COMM. GARBARINO
JUDGE SANDERS
MINUTE ENTRY
This Court has received Plaintiff’s e-filed Application/Motion for Default against
defendant(s), Midland Funding, LLC, 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
David Garbarino.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
04/24/2019
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.
Pursuant to the Maricopa County eFiling Guidelines, Section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
and Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet, in paper to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form.
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp
10/24/2019 — CV2019000449 GASS, MARY ANN 10/24/2019 HON. TERESA SANDERS View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/25/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
10/24/2019
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HON. TERESA SANDERS
A. Durda
Deputy
LAKE PARK VILLAGE I HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
MARY ANN GASS, et al.
KEVIN R HARPER
JUDGE SANDERS
TELEPHONIC TRIAL SCHEDULING CONFERENCE SET
Pursuant to the parties’ Scheduling Order electronically filed and granted by the Court,
IT IS ORDERED setting a Telephonic Trial Scheduling Conference for the purpose of
assigning a trial date on July 16, 2020 at 9:15 a.m. (time allotted: 15 minutes) in this division,
before:
HONORABLE JUDGE TERESA SANDERS
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 811
PHOENIX, AZ 85003
602-506-4791
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
10/24/2019
Docket Code 041
Form V000A
Page 2
Counsel/parties shall have their trial calendars available for the conference.
NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division’s courtroom directly at 602-506-4791 at the scheduled time.
PRETRIAL ORDERS
The Court having been assigned to this case, the parties shall make note of the pretrial
orders identified below. To the extent that the orders are inconsistent with any order that has
been entered in this matter, including any scheduling order, this minute entry controls and the
inconsistent language in any such previous order is vacated.
Discovery Disputes:
If a discovery dispute needs judicial intervention, the parties must first comply with Rule
37’s meet and confer provision. Absent resolution, counsel for the movant shall email the
Court’s Judicial Assistant, Loretta Velarde, at [email protected], and all
other counsel to advise them of his/her request for a telephonic hearing. Each party shall
thereafter email the Court’s Judicial Assistant a three-page summary of the dispute with each
party entitled to submit one and one-half pages of that text, pursuant to Rule 26(d)(2). Please
make certain all parties are copied on the email. The emails will be filed with the clerk. Once
the Court receives a summary from each party and a certification of compliance with Rule 37,
the judicial assistant will email the parties to schedule a telephonic conference with the judge.
Motion Practice:
Do not combine pleadings. (Responses, replies, cross motions, etc., should each be filed
as a separate pleading).
A proposed order/judgment must be attached as a Word doc. using the proper turbo court
code. All stipulations, joint scheduling reports, unopposed motions, etc., MUST contain a
proposed order. If your system is not allowing you to attach a Word order, you must email a
copy to this division’s Judicial Assistant, Loretta Velarde, at
[email protected], and she can attach it on our end.
ALL motions are held for a briefing period. If you need a determination sooner than a
normal briefing period would allow, please do the following: 1. Speak with opposing counsel to
make certain if they have an objection. If there is no objection, file a stipulation. 2. E-file the
motion and email the filed document in Word format to the judicial assistant and opposing
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
10/24/2019
Docket Code 041
Form V000A
Page 3
counsel. 3. Indicate that you are asking for a shortened briefing schedule and when you need a
ruling. 4. The Court will review your request and email all parties with a briefing schedule if
necessary.
If the parties have agreed to an extension of time for filing responses/replies, email my
judicial assistant regarding the agreement. Otherwise, the Court may assume that no
responses/replies will be filed and rule without the benefit of the response/reply.
Unless another order in this cause establishes a date-certain deadline, the deadline for
filing a summary judgment motion is 120 days before the trial management conference. The
parties are limited to filing one motion for summary judgment. No modification, including a
stipulated modification, of this deadline and filing limit will be honored absent a motion
explaining why the deadline or filing limit is impractical in the circumstances.
Motions in Limine:
The granting or denial of a motion in limine turns on whether the admission of evidence
reaches the level of reversible error or a mistrial. Motions in limine are not granted “except
upon a clear showing of non-admissibility.” The parties shall not file motions denominated as
“in limine” that are, in substance, late-filed motions for summary judgment.
1. Page Limit and Format: Neither the motion in limine nor the response may exceed
three pages, including the caption. Showing that the motion has merit should not require more
than that. Motions in limine shall be consecutively numbered in the caption identifying the party
filing it and the subject of the motion; e.g. “Defendant’s Motion in Limine No. 1 Re: Insurance
Agreement,” and shall deal with one discrete subject per motion. Do not respond to more than
one motion in limine in each response.
Any motion in limine or response to such a motion should begin with a simple declarative
sentence that identifies the evidence that is the subject of the motion, with the understanding that
the broader the scope of the evidence to be excluded, the less likely it is that a motion in limine
will be granted. The remainder of the motion or response should then explain why a mistrial or
reversible error would or would not result if the motion is denied, with citations to authority that
have reached the same conclusion in the same or similar circumstances (this also applies to
motions in limine based on any failure to disclose, keeping in mind that nondisclosure implicates
Ariz. R. Civ. P. 37(c)). If the motion is unable to explain why its denial would result in a
mistrial or reversible error, the remainder should then demonstrate persuasively what efficiency,
economy, or other benefit is to be gained by granting the motion.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
10/24/2019
Docket Code 041
Form V000A
Page 4
2. Rule 7.2: Motions in limine shall be filed 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.
3. Deadlines: The deadline for motions in limine is 30 days before the final pretrial
management conference. In both instances, responses must be filed 15 days after service, and no
replies should be filed unless requested.
4. Under Advisement: Although motions in limine will be considered as quickly as the
court’s schedule permits, they will not be taken under advisement any sooner than 15 days before
the start of the trial, regardless of when they are filed. If the parties believe that a ruling on such
a motion early in the case will facilitate settlement, they should notify this division (by telephone
at 602-506-4791 or e-mail to the judicial assistant) and every effort will be made to decide the
issue as soon as time allows.
Daubert Motions:
Any motion brought for a Daubert hearing or brought under Ariz.R.Evid. 702, shall be
filed at least 120 days before the Final Trial Management Conference. Failure to file such a
motion by this date shall constitute a waiver of (1) any objection that the expert is not qualified
to render expert testimony, and/or (2) any objection that any opinion of the expert should be
excluded under Ariz.R.Evid. 702.
Miscellaneous Issues:
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 up to three hours and $280 for any hearing in excess of three
hours. This fee does not include preparation of transcripts.
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 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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
10/24/2019
Docket Code 041
Form V000A
Page 5
hearings or trial proceedings recorded previously, please call Electronic Records Services
at 602-506-7100.
Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.
Oral Argument/Trial time will be divided equally between Plaintiff and Defendant.
If you are not familiar with this division’s electronic equipment, please make an
appointment with this division’s bailiff, Kay Fleminger, via email at
[email protected], to test the equipment at least one week prior to your
hearing.
Preferred communication with this division is via email to the judicial assistant, Loretta
Velarde, at [email protected]. We are able to respond much quicker to an
email. Please make sure you endorse all parties involved in the case.
All inquiries regarding exhibit procedures should be directed to this division’s courtroom
clerk at (602) 506-1375.
10/24/2019 — CV2019000449 GASS, MARY ANN 10/24/2019 HON. TERESA SANDERS View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/25/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-000449
10/24/2019
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. TERESA SANDERS
A. Durda
Deputy
LAKE PARK VILLAGE I HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ
v.
MARY ANN GASS, et al.
KEVIN R HARPER
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE SANDERS
MINUTE ENTRY
Pursuant to the Scheduling Order signed by the Court on October 24, 2019 and filed (entered)
by the clerk on October 25, 2019,
IT IS ORDERED the parties shall participate in a mandatory Settlement Conference. This
case is referred to the Court’s Alternative Dispute Resolution 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 February
10, 2020. The Office of Alternative Dispute Resolution will not do the scheduling of the settlement
conference so please do not contact that office.
IT IS FURTHER ORDERED all counsel and their clients, or non-lawyer
representatives who have full and complete authority to settle the case, shall personally
appear and participate in good faith in the Settlement Conference. Sanctions may be
imposed for failure to participate.
