06/04/2019 — CV2019006642 ASSOCIATION, SPRINGFIELD COMMUNITY 06/04/2019 HON. SHERRY K. STEPHENS View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
06/05/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-006642
06/04/2019
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. SHERRY K. STEPHENS
T. DeRaddo
Deputy
SPRINGFIELD COMMUNITY ASSOCIATION
ERIN E MCMANIS
v.
WILLIAM W ENGLE, et al.
KRISTIN M. ROEBUCK
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE STEPHENS
CONSOLIDATED TRIAL ON THE MERITS SET
REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION OFFICE
East Court Building - Courtroom 712
8:30 a.m. This is the time set for a return hearing on an Order to Show Cause why
Defendants, William W. Engle and Sharon D. Engle should not have a permanent injunction
entered against them. Appearing on behalf of Plaintiff, Springfield Community Association, is
counsel, Erin E. McManis. Appearing on behalf of Defendants, William W. Engle and Sharon
D. Engle, is counsel, Kristin Roebuck.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the status of the matter and regarding discovery.
Plaintiff requests that an evidentiary permanent injunction hearing and trial on the merits
be held together.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-006642
06/04/2019
Docket Code 089
Form V000A
Page 2
Discussion is held regarding settlement efforts. The parties report that they are amenable
to participating in a settlement conference.
IT IS ORDERED referring this case 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 15, 2019. 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.
TRIAL INFORMATION
IT IS FURTHER ORDERED setting a consolidated Trial on the Merits and Evidentiary
Hearing re permanent injunction hearing on October 2, 2019 at 9:00 a.m. (Time allotted: One
day)
IT IS FURTHER ORDERED setting a telephonic Final Trial Management Conference
on September 18, 2019 at 9:00 a.m. (Time allotted: 30 minutes)
Honorable Sherry Stephens
Maricopa County Superior Court
101 W. Jefferson, East Court Building, Suite 712
Phoenix, 85003
(602) 506-4818
DUTIES PROR TO FINAL TRIAL MANAGEMENT CONFERENCE
A Joint Pretrial Statement (JPTS) must be filed no later than September 12, 2019. 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:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-006642
06/04/2019
Docket Code 089
Form V000A
Page 3
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)
Whether or not the Rule of Exclusion of Witnesses is being invoked.
Findings of Fact and Conclusions of Law: This matter is set for a trial to the bench. Any
party who requests Rule 52 Findings of Fact and Conclusions of Law shall file a written request
no later than thirty (30) days prior to trial. A party who makes this request shall file Proposed
Findings of Fact and Conclusions of Law no later than twenty (20) days after the trial concludes,
unless otherwise ordered by the Court. Any party who did not request Rule 52 findings may file
its own Proposed Findings of Fact and Conclusion of Law by the same deadline. In addition to
filing the Proposed Findings of Fact and Conclusions of Law, an electronic version in Word or
Word-compatible format shall be provided to the Division’s Judicial Assistant. If Proposed
Findings of Fact and Conclusions of Law are not filed as ordered, the request shall be deemed
waived.
DUTIES AT TRIAL MANAGEMENT CONFERENCE
Counsel/parties shall be prepared to discuss:
Agreed-upon deposition summaries and excerpts from deposition transcripts and the
editing of any videotaped depositions.
Any special scheduling or equipment issues.
Any information contained in the Joint Pretrial Statement.
EXHIBITS
The parties shall refer to the last page of the minute entry for information regarding the
proper procedures for submitting exhibits to be marked for trial in this division. Please contact
the Clerk of this division at 602-506-1471 for further information.
No later than September 18, 2019, all parties shall deliver their exhibits to the clerk (any
deviation from this date must be approved by the clerk). The parties are directed to meet in
person to exchange the exhibits before coming to court and, to the extent possible, remove any
duplicate exhibits. The clerk will not hold or reserve exhibit numbers for any party. If an exhibit
has not been submitted by the time of marking, the clerk will assign the next exhibit with that
number.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-006642
06/04/2019
Docket Code 089
Form V000A
Page 4
IT IS ORDERED that any exhibit in excess of 20 pages shall be bates stamped.
Exhibits are marked in numerical order per party, making it necessary to mark all of one
party’s exhibits before marking the other party’s. Accordingly, the Defendant’s exhibits
numbering shall start at the next number following the last of Plaintiff’s exhibits. Please do not
combine the parties’ exhibits. Each side’s exhibits must be submitted separately and in numerical
order.
If the parties stipulate to any exhibits being received in evidence, the parties shall provide
a signed stipulation as to said exhibits (lack of objection to an exhibit in the Joint Pretrial
Statement is not taken to signify that the exhibit is automatically received in evidence). If
large demonstrative exhibits are submitted for marking, a smaller version, such as a photograph,
must also be provided in case the exhibit is received in evidence.
With regard to trial exhibits, the parties are strongly discouraged from marking exhibits
they do not anticipate offering during trial. Each exhibit must be separately and securely bound by
a staple, prong, or in a binder of some sort. Exhibits not securely bound or are bound with only a
binder clip or rubber bands will not be accepted and will be returned.
One day's jury fees will be assessed unless the Court is notified of settlement before 2:00 p.m.
on the judicial day before the Trial. The parties are reminded to promptly notify the Court of any
settlement pursuant to Rule 5.3(d), Ariz.R.Civ.P.
8:45 a.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-006642
06/04/2019
Docket Code 089
Form V000A
Page 5
WITNESS INFORMATION FORM
Please note that there are approximately 5 hours of trial time per day excluding two 15-minutes
breaks and 1½ hours for lunch. It generally takes a half day to select a jury unless it’s a much
longer trial.
VOIR DIRE EXAMINATION, OPENING STATEMENT AND CLOSING ARGUMENT
TIME ESTIMATE FOR:
PLAINTIFF’S OPENING STATEMENT
DEFENDANT’S OPENING STATEMENT
PLAINTIFF(S) VOIR DIRE
DEFENDANT(S) VOIR DIRE
PLAINTIFF’S CLOSING
DEFENDANT’S CLOSING
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-006642
06/04/2019
Docket Code 089
Form V000A
Page 6
GUIDELINES WHEN PREPARING EXHIBITS
Exhibits will be marked consecutively. If your list refers to an exhibit and that exhibit is
not provided at the time of marking, the numbers of all following exhibits will be moved up. In
addition, Do not submit duplicate exhibits, to avoid confusion during trial, it is essential that
counsel confer to avoid submitting duplicate exhibits. The clerk cannot reserve numbers for
exhibits that will be provided at a later date. Exhibits will be marked as they are received. If
Defendant’s exhibits are received prior to Plaintiff’s exhibits, the clerk may mark them first with
Plaintiff’s exhibits following. 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 to be hand-filed by the clerk.
Counsel are to provide a workable list of exhibits. The list should include a title or
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 slip sheet with the exhibit number on it should
be placed in front of each exhibit. DO NOT staple the colored slip sheet to the exhibit.
Note: Please provide a binder of exhibits for the court. Separate exhibits with dividers.
Each multiple page exhibit must be securely fastened together by staple or other
means (do not submit loose sheets of paper, except for the colored slip sheet). NO PAPER
CLIPS, BINDER CLIPS, OR RUBBER BANDS may be used. If Acco fasteners are used
they must be long enough to fasten securely.
Exhibit Description Information:
The descriptions should be verifiable when viewing the first page of the exhibit.
If counsel are submitting large charts, blow-ups or maps, please include a small version (or
photo) 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.
If photo(s) will be marked, submit those not stipulated too individually.
For additional assistance in preparation of exhibits contact the clerk at 602-506-1471.
Exhibit
No.
Identified
By
Description
Stipulated in
Evidence/Objection
06/05/2019 — CV2019006642 ASSOCIATION, SPRINGFIELD COMMUNITY 06/05/2019 HON. SHERRY K. STEPHENS View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/06/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-006642
06/05/2019
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. SHERRY K. STEPHENS
T. DeRaddo
Deputy
SPRINGFIELD COMMUNITY ASSOCIATION
ERIN E MCMANIS
v.
WILLIAM W ENGLE, et al.
KRISTIN M. ROEBUCK
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE STEPHENS
MINUTE ENTRY
At the request of the Alternative Dispute Resolution Office,
IT IS ORDERED extending the date for the parties to participate in a settlement
conference with a Judge Pro Tempore from August 15, 2019 to September 5, 2019.
08/26/2019 — CV2019006642 ASSOCIATION, SPRINGFIELD COMMUNITY 08/26/2019 HON. SHERRY K. STEPHENS View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/27/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-006642
08/26/2019
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HON. SHERRY K. STEPHENS
A. Durda
Deputy
SPRINGFIELD COMMUNITY ASSOCIATION
ERIN E MCMANIS
v.
WILLIAM W ENGLE, et al.
KRISTIN M. ROEBUCK
COURT ADMIN-CIVIL-ARB DESK
JUDGE STEPHENS
DISMISSAL CALENDAR
The Court is advised this case has been settled.
IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal on October
28, 2019 without further notice unless prior to said date Judgment is entered or filed or a Stipulation
for Dismissal is presented.
IT IS FURTHER ORDERED vacating any previous order placing/continuing this matter
on the inactive/dismissal calendar.
IT IS FURTHER ORDERED any pending motions are hereby deemed moot.
IT IS FURTHER ORDERED vacating the trial management conference set on September
18, 2019 at 9:00 a.m. in this division.
IT IS FURTHER ORDERED vacating the order to show cause return hearing set on
October 2, 2019 at 9:00 a.m. in this division.
