04/05/2021 — CV2020009331 AND CASUALTY COMPANY, ENCOMPASS PROPERTY 04/05/2021 HONORABLE ANDREW J. RUSSELL View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
04/09/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-009331
04/05/2021
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ANDREW J. RUSSELL
S. Motzer
Deputy
ENCOMPASS PROPERTY AND CASUALTY
COMPANY
ROGER L PETERSON
v.
BERLIN PRECISION CONSTRUCTION INC, et
al.
MERCEDES LAPORCHIA-CAMPBELL
JEFFREY L SMITH
COMM. RUSSELL
MINUTE ENTRY
The Court has reviewed and considered Defendant Red Mountain Roofing, LLC's Motion
to Compel Compliance with A.R.S. 12-2602. No Response has been filed, and the time for
doing so has passed. See Ariz. Rs. Civ. P. 7.1(a)(3) and 6(c). The Court may treat the failure to
respond to a motion as consent to the relief requested in that motion. See Ariz. R. Civ. P.
7.1(b). Good cause appearing,
IT IS ORDERED granting Defendant Red Mountain Roofing, LLC's Motion to Compel
Compliance with A.R.S. 12-2602.
IT IS FURTHER ORDERED that Plaintiff shall file and serve the required preliminary
expert opinion affidavit on or before April 23, 2021.
08/31/2021 — CV2020009331 AND CASUALTY COMPANY, ENCOMPASS PROPERTY 08/31/2021 HONORABLE JOAN M. SINCLAIR View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/01/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-009331
08/31/2021
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOAN M. SINCLAIR
S. Motzer
Deputy
ENCOMPASS PROPERTY AND CASUALTY
COMPANY
ROGER L PETERSON
v.
BERLIN PRECISION CONSTRUCTION INC, et
al.
JAMES L CSONTOS
JEFFREY L SMITH
KEELY L VERSTEGEN
JUDGE SINCLAIR
MINUTE ENTRY
The Plaintiff filed a Motion for Clarification on July 15, 2021 relative to an order
dismissing this case filed June 10, 2021. Defendants Lexington Avenue Condominium Owners
Association and Brown Community Management Inc. filed their Response on July 23,
2021. Defendant Berlin Precision Construction Inc. filed its Response on July 27, 2021. No reply
was filed. No good cause appearing,
IT IS ORDERED denying the Plaintiff’s Motion for Clarification.
10/07/2020 — CV2020009331 AND CASUALTY COMPANY, ENCOMPASS PROPERTY 10/07/2020 HONORABLE DANIEL J. KILEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/12/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-009331
10/07/2020
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
S. Motzer
Deputy
ENCOMPASS PROPERTY AND CASUALTY
COMPANY
DOUGLAS CRISP
v.
BERLIN PRECISION CONSTRUCTION INC, et
al.
JEFFREY L SMITH
JUDGE KILEY
MINUTE ENTRY
Along with the Complaint that it filed on August 6, 2020, Plaintiff Encompass Property
and Casualty Company filed a Certificate Re: Compulsory Arbitration certifying “that this case
is subject to compulsory arbitration.” Certificate Re: Compulsory Arbitration at p. 1 (emphasis
added).
Along with the Answer they filed on September 25, 2020, Defendants One Lexington
Avenue Condominium Association and Brown Community Management, Inc., filed a so-called
Response to Plaintiff’s Certificate Regarding Compulsory Arbitration in which they
controvert[] [the] Plaintiff’s certification that the largest award sought by the
Plaintiff, including punitive damages, but excluding interest, attorneys’ fees
and costs, exceeds the limits set by Local Rule for compulsory arbitration and
that this case is not subject to the Uniform Rules of Procedure for Arbitration.
[Defendants’] Response to Plaintiff’s Certificate Regarding Compulsory Arbitration at p. 2.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-009331
10/07/2020
Docket Code 056
Form V000A
Page 2
Because it is unclear whether the parties agree, or disagree, about whether this matter is
subject to compulsory arbitration,
IT IS ORDERED setting a telephonic Hearing to determine whether this matter is
subject to compulsory arbitration on October 22, 2020 at 3:00 p.m. (30 minutes allotted)
before this Division.
NOTE: Due to issues with COVID-19, counsel and self-represented parties are directed to
participate for said hearing by calling this Division’s bridge line promptly at the scheduled time.
Bridge Line:
602-506-9695 or 1-855-506-9695
Access Code:
953806
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.
