04/25/2023 — CV2021053042 HAMPLE, ROBERT L 04/25/2023 HONORABLE MELISSA IYER JULIAN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
04/26/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-053042
04/25/2023
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MELISSA IYER JULIAN
A. Delgado
Deputy
ROBERT L HAMPLE
ZACHARY EVAN MUSHKATEL
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION, et al.
JOHN T SHOAF
PATRICK C GORMAN
JUDGE JULIAN
DISMISSAL CALENDAR
On the Court’s own Motion,
IT IS ORDERED directing the parties to file an amended joint report and proposed
amended scheduling order on or before May 22, 2023.
IT IS FURTHER ORDERED placing this matter on the Dismissal Calendar until May
31, 2023. 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 the directives above.
08/23/2022 — CV2021053042 HAMPLE, ROBERT L 08/23/2022 HONORABLE MELISSA IYER JULIAN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
08/24/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-053042
08/23/2022
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MELISSA IYER JULIAN
A. Delgado
Deputy
ROBERT L HAMPLE
ZACHARY EVAN MUSHKATEL
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
JOHN T SHOAF
JUDGE JULIAN
UNDER ADVISEMENT RULING
RE: Motion to Preclude Untimely Expert Opinions
Pending before this Court is Defendant’s Motion to Preclude Untimely Expert Opinions
Pursuant to Rule 37, filed July 5, 2022. Plaintiff responded to the motion on July 29, 2022 and
Defendant filed its reply brief on August 10, 2022. This court does not find that oral argument
would assist the court in a resolution of the issues which are well documented in the parties’
respective briefing.
The parties previously stipulated to extend their expert disclosure deadlines on a staggered
basis with Plaintiff’s expert report being due on May 13, 2022. Defendant’s expert report was due
June 3, 2022 and the rebuttal deadline was set for June 22, 2022. Plaintiff did not submit his expert
report within the May 13, 2022 deadline. Rather, Plaintiff waited until after Defendant’s expert
report was timely issued and disclosed his own expert report from Todd Springer on June 21, 2022,
only on day before the rebuttal deadline and too late for defendant to prepare a rebuttal
opinion. Accordingly, defendant’s motion seeks to exclude Mr. Springer’s opinions under Rule
37(c)(1).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-053042
08/23/2022
Docket Code 019
Form V000A
Page 2
While the Court agrees that Plaintiff’s late disclosure violates the extended scheduling
deadline, there is no prejudice to the defense in permitting the late disclosure so long as the
defendant’s rebuttal deadline is extended. Given that a trial has not been set in this matter, the
court finds that it can extend defendant’s rebuttal deadline without prejudice to the resolution of
this case.
IT IS THEREFORE ORDERED denying Defendant’s Motion to Preclude Untimely
Expert Opinions Pursuant to Rule 37, filed July 5, 2022.
IT IS FURTHER ORDERED extending the deadline for Defendant to provide any
rebuttal expert opinions to Mr. Springer’s June 21, 2022 report from June 22, 2022 to September
23, 2022.
10/07/2022 — CV2021053042 HAMPLE, ROBERT L 10/07/2022 HONORABLE MELISSA IYER JULIAN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
10/13/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-053042
10/07/2022
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MELISSA IYER JULIAN
A. Delgado
Deputy
ROBERT L HAMPLE
ZACHARY EVAN MUSHKATEL
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
JOHN T SHOAF
JUDGE JULIAN
ORDER GRANTING MOTION TO AMEND COMPLAINT AND
STATUS CONFERENCE SET
Courtroom 108 – Northeast Regional Court Center
9:59 a.m. This is the time set for a Trial Setting Conference via Court Connect. Plaintiff,
Robert Hample, is represented by counsel Zachary Mushkatel. Defendant, Ventana Lakes
Property Owners Association, is represented by counsel John Shoaf. All participants appear
virtually via the Court Connect platform.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the pending motions.
In light of the Motion to Amend,
IT IS ORDERED granting Defendant’s Motion to Extend Dispositive Motion Deadlines.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-053042
10/07/2022
Docket Code 028
Form V000A
Page 2
The Court has reviewed Plaintiff’s August 10, 2022, Motion for Leave to Amend
Complaint Adding Beverly Jenkins as a Defendant, Defendant’s August 29, 2022, Response, and
Plaintiff’s September 6, 2022, Reply. The Motion having been fully briefed,
IT IS FURTHER ORDERED granting Plaintiff’s August 10, 2022, Motion for Leave to
Amend Complaint Adding Beverly Jenkins as a Defendant.
IT IS FURTHER ORDERED that Plaintiff shall file the Amended Complaint by no later
than October 14, 2022, and have service completed by no later than November 4, 2022.
IT IS FURTHER ORDERED setting a Status Conference on December 9, 2022, at 10:30
a.m. (time allotted: 15 minutes) in this Division.
Please join the hearing via:
https://tinyurl.com/Courtroom108
You can also dial in using your phone.
Phone: +1 917-781-4590 and Conference ID: 929 847 029#
Use of the above link can be made easier by downloading the Microsoft Teams application first;
for more on the new platform, including an introduction video and participant guide, please
visit: https://superiorcourt.maricopa.gov/court-connect
IT IS FURTHER ORDERED that, no less than five (5) days before the conference set
above, the parties shall file a joint status report containing (1) a very brief description of the case;
(2) a statement of the status of discovery and other pertinent matters; (3) a list of pending motions
or other matters, whether at issue or not; (4) the status of alternative dispute resolution; (5) when
the parties anticipate the case will be ready for trial; and (6) how many trial days the parties
estimate will be needed.
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.
10:06 a.m. Matter concludes.
12/09/2022 — CV2021053042 HAMPLE, ROBERT L 12/09/2022 HONORABLE MELISSA IYER JULIAN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
12/13/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-053042
12/09/2022
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MELISSA IYER JULIAN
A. Delgado
Deputy
ROBERT L HAMPLE
ZACHARY EVAN MUSHKATEL
v.
VENTANA LAKES PROPERTY OWNERS
ASSOCIATION
JOHN T SHOAF
PATRICK C GORMAN
JUDGE JULIAN
STATUS CONFERENCE HELD
Courtroom 108 – Northeast Regional Court Center
10:29 a.m. This is the time set for a Status Conference regarding the status of the case.
Plaintiff, Robert Hample, is represented by counsel Zachary Mushkatel. Defendant, Ventana
Lakes Property Owners Association, is represented by counsel John Shoaf. Defendant, Beverly
Jenkins, is represented by counsel Patrick Gorman. All participants appear virtually via the Court
Connect platform.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the case following the filing of the Motion to Amend
Complaint Adding Beverly Jenkins as a Defendant.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-053042
12/09/2022
Docket Code 029
Form V000A
Page 2
IT IS ORDERED that counsel shall submit a Proposed Amended Joint Report and
Scheduling Order in light of the additional Defendant. The Court will set a Trial Setting
Conference once it receives the updated deadlines.
10:31 a.m. Matter concludes.
