03/06/2023 — CV2022010019 MARTIN, PATRICK D 03/06/2023 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
03/07/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
03/06/2023
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
PATRICK D MARTIN, et al.
JESSE VASSALLO LOPEZ
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
ANDREW R PESHEK
JUDGE HANNAH
STATUS CONFERENCE SET
The Court having received and considered Defendant’s Controverting Certificate
Regarding Compulsory Arbitration, filed February 24, 2023,
IT IS ORDERED setting a virtual Status Conference on March 22, 2023, at 8:45 a.m. in
this division.
HONORABLE JOHN HANNAH
JUDICIAL OFFICER OF THE SUPERIOR COURT
EAST COURT BUILDING
COURTROOM 811
101 W. JEFFERSON
PHOENIX, AZ 85003
(602) 372-0759
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
03/06/2023
Docket Code 028
Form V000A
Page 2
The Court is utilizing a virtual platform called Court Connect for online hearings. An auto-
generated e-mail with a link to the online “courtroom” has been sent to local counsel of record,
who should forward it to co-counsel, clients or client representatives, and others who will
participate in the hearing. You may forward the link to anyone who wants to attend the hearing,
but please advise the Court if you expect more than a few spectators so that we can make any
technical adjustments that may be necessary. If for some reason you did not receive the e-mail,
please advise the Court. The hearing may also be joined using the following
link: tinyurl.com/jbazmc-cvj07; or appearances may be made by telephone, by calling 1-917-781-
4590,
conference
ID
759-563-74#.
For
further
information,
please
visit: https://superiorcourt.maricopa.gov/court-connect/
The physical courtroom (Courtroom 811, East Court Building, 101 W, Jefferson, Phoenix,
AZ) is open and accessible for most hearings. Attorneys and parties may choose to appear in
person; and spectators are always welcome in the courtroom at public hearings. If an in-person
appearance at a scheduled online hearing is anticipated, we ask as a courtesy that you let us know
in advance so we can ensure that the appearance is accommodated.
This is a 15-minute proceeding. The Court will determine if more time is needed. If there
is a failure to appear, the Court may make such orders as are just, including granting the relief
requested by the party who does appear.
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.
The Arizona Constitution requires the Arizona Commission on Judicial Performance
Review to conduct performance evaluations of superior court judges. The Commission is asking
for your help to evaluate Maricopa County Superior Court judges currently undergoing
performance review. After your hearing, if the judge you are in front of is undergoing review, a
survey will either be given to you by court staff or will be emailed to you and you can take the
survey online. The survey is conducted by the Docking Institute of Public Affairs at Fort Hays
State University and is anonymous and confidential. Your participation in the review process is
important! More information on Judicial Performance Review can be found at
www.azjudges.info.
03/22/2023 — CV2022010019 MARTIN, PATRICK D 03/22/2023 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
03/23/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
03/22/2023
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
PATRICK D MARTIN, et al.
JESSE VASSALLO LOPEZ
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
ANDREW R PESHEK
JUDGE HANNAH
MINUTE ENTRY
East Court Building – Courtroom 811
8:46 a.m. This is the time set for a virtual Status Conference. Plaintiffs, Patrick D. Martin
and Sherrie A. Martin, are represented by counsel, Jesse Vassallo Lopez. Defendant, Optima
Camelview Village Condominium Association, is represented by counsel, Andrew R. Peshek. All
parties appear via the Court Connect platform.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding Defendant’s Controverting Certificate Regarding Compulsory
Arbitration, filed February 24, 2023.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
03/22/2023
Docket Code 029
Form V000A
Page 2
For the reasons as stated on the record,
The Court finds this case is not subject to Compulsory Arbitration.
IT IS ORDERED that the parties meet and confer and submit a Joint Report and proposed
Scheduling Order.
8:54 a.m. Matter concludes.
05/12/2023 — CV2022010019 MARTIN, PATRICK D 05/12/2023 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/15/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
05/12/2023
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
PATRICK D MARTIN, et al.
JESSE VASSALLO LOPEZ
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
ANDREW R PESHEK
JUDGE HANNAH
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 January 30, 2024, at 8:45 a.m. (time allotted: 15 minutes) in this
division, before:
HONORABLE JUDGE JOHN HANNAH
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8TH FLOOR, COURTROOM 811
PHOENIX, AZ 85003
602-372-0759
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
05/12/2023
Docket Code 026
Form V000A
Page 2
Counsel/parties shall have their trial calendars available for the conference.
The Court is utilizing a virtual platform called Court Connect for online hearings. An auto-
generated e-mail with a link to the online “courtroom” has been sent to local counsel of record,
who should forward it to co-counsel, clients or client representatives, and others who will
participate in the hearing. You may forward the link to anyone who wants to attend the hearing,
but please advise the Court if you expect more than a few spectators so that we can make any
technical adjustments that may be necessary. If for some reason you did not receive the e-mail,
please advise the Court. The hearing may also be joined using the following
link: tinyurl.com/jbazmc-cvj07; or appearances may be made by telephone, by calling 1-917-781-
4590,
conference
ID
759-563-74#.
For
further
information,
please
visit: https://superiorcourt.maricopa.gov/court-connect/
The physical courtroom (Courtroom 811, East Court Building, 101 W, Jefferson, Phoenix,
AZ) is open and accessible for most hearings. Attorneys and parties may choose to appear in
person; and spectators are always welcome in the courtroom at public hearings. If an in-person
appearance at a scheduled online hearing is anticipated, we ask as a courtesy that you let us know
in advance so we can ensure that the appearance is accommodated.
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, Gail Cody, 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:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
05/12/2023
Docket Code 026
Form V000A
Page 3
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, Gail Cody, 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 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. The number of motions
in limine is limited to four (4) per side.
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
05/12/2023
Docket Code 026
Form V000A
Page 4
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.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
05/12/2023
Docket Code 026
Form V000A
Page 5
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 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,
Tomi
Polvorosa,
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, Gail Cody,
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.
05/12/2023 — CV2022010019 MARTIN, PATRICK D 05/12/2023 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/15/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
05/12/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
PATRICK D MARTIN, et al.
JESSE VASSALLO LOPEZ
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
ANDREW R PESHEK
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE HANNAH
MINUTE ENTRY
Pursuant to the Scheduling Order signed by the Court on May 11, 2023, and filed (entered)
by the clerk on May 15, 2023,
IT IS ORDERED that the parties participate in a mandatory settlement conference. This
case is referred to the Court’s Alternative Dispute Resolution (ADR) Department for the
appointment of a judge pro tempore to conduct a settlement conference. The judge pro tempore is
requested to conduct the settlement conference no later than September 8, 2023.
IT IS FURTHER ORDERED that no later than June 9, 2023, the parties file with the
Court a Joint Request and Certification of Readiness for Setting Settlement Conference Under
Rule 16(i), Ariz. R. Civ. P. The Joint Request and Certification of Readiness for Setting Settlement
Conference Under Rule 16(i), Ariz. R. Civ. P. is available through the Law Library Resource
Center website: https://tinyurl.com/CV-JointReq-English; https://tinyurl.com/CV-JointReq-
Spanish
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
05/12/2023
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED that failure to file a Joint Request and Certification of
Readiness for Setting Settlement Conference will result in the Court vacating the ADR referral for
appointment of a judge pro tempore, with leave for the parties to seek another ADR referral upon
completion of the certification process.
06/20/2023 — CV2022010019 MARTIN, PATRICK D 06/20/2023 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/21/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
06/20/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
PATRICK D MARTIN, et al.
JESSE VASSALLO LOPEZ
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
ANDREW R PESHEK
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE HANNAH
MINUTE ENTRY
By minute entry dated May 12, 2023, and in accordance with AO 2023-009, this Court
directed parties to submit their certification as to their readiness to proceed with their ADR
settlement conference by no later than June 9, 2023. The certification has not been submitted.
IT IS THEREFORE ORDERED vacating the ADR referral. The parties may seek a new
ADR referral at such time they can certify their ability to proceed.
06/26/2023 — CV2022010019 MARTIN, PATRICK D 06/26/2023 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/27/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
06/26/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
PATRICK D MARTIN, et al.
JESSE VASSALLO LOPEZ
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
ANDREW R PESHEK
ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE HANNAH
MINUTE ENTRY
The Court is in receipt of the parties’ Joint Request and Certification of Readiness for
Setting Settlement Conference Under Rule 16(i), Ariz. R. Civ. P.
IT IS ORDERED that the parties participate in a mandatory settlement conference. This
case is referred to the Court’s Alternative Dispute Resolution (ADR) Department for the
appointment of a judge pro tempore to conduct a settlement conference. The judge pro tempore is
requested to conduct the settlement conference no later than September 30, 2023.
08/07/2023 — CV2022010019 MARTIN, PATRICK D 08/07/2023 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/08/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-010019
08/07/2023
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
PATRICK D MARTIN, et al.
JESSE VASSALLO LOPEZ
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
ANDREW R PESHEK
JUDGE HANNAH
DISMISSAL CALENDAR
The Court has read defendant’s Notice of Settlement filed on August 3, 2023. Based on
the Notice of Settlement,
IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal without
further notice on or after October 6, 2023, if the parties have neither filed a stipulation to dismiss
nor asked to have the case restored to the active calendar.
IT IS FURTHER ORDERED vacating trial setting conference set January 30, 2024, at
8:45 a.m. in this division.
