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Maricopa County Superior Court Case CV2023-000397: public docket details, parties, minute entries, documents, and official source links for Power Ranch Community Association.

Case Number

CV2023-000397

County

Maricopa

Caption

Not captured

Filed

1/9/2023

Case Type

Civil

Judge

Whitten, Christopher

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Clerk of the Superior Court

*** Electronically Filed ***

01/18/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

01/12/2024

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRADLEY ASTROWSKY
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
KYLE A VON JOHNSON

v.

WOODCREST EAST L L C, et al.
F ROBERT CONNELLY II

ERICA L MORTENSON
JUDGE ASTROWSKY

HEARING SET

The Court having reviewed Plaintiff/Counterdefendant’s Request for Preliminary and
Permanent Injunctions, filed December 15, 2023, and Defendants’ Response to Request for
Preliminary and Permanent Injunction, filed January 8, 2024.

IT IS ORDERED setting a remote** Order to Show Cause Return Hearing on January
19, 2024 at 10:00 a.m. (time allotted: 15 minutes) to be held in conjunction with the scheduled
Rule 56(d) Relief hearing set at the same time.

This is a 15-minute proceeding with the Court. The Court will determine if more time is
needed. All parties, whether represented by attorneys or not, must appear remotely. 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.

NO FORMAL EVIDENCE WILL BE TAKEN AT THIS RETURN HEARING. The
purpose of the return hearing is to determine a date for an evidentiary hearing on plaintiff’s

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

01/12/2024

Docket Code 056
Form V000A
Page 2

application for a preliminary injunction and whether the preliminary injunction proceeding may
be consolidated with a trial on the merits.

FAILURE TO APPEAR MAY RESULT IN THE COURT SIGNING AN INJUNCTION
ORDER AGAINST THE DEFENDANTS.

WARNING: FAILURE TO APPEAR BEFORE THE COURT FOR THE
HEARING WILL RESULT IN THE ISSUANCE OF SANCTIONS UP TO AND
INCLUDING THE ISSUANCE OF A BENCH WARRANT.

**Please note that the Court is utilizing a virtual platform called Court Connect. This platform
will be used for all remote hearings, even if the hearing is telephonic (audio) only. An auto-
generated e-mail has been sent to local counsel of record. If for some reason you did not receive
the e-mail, please advise the Court. You may join the hearing using the following link:
tinyurl.com/jbazmc-cvj04, or you may appear via telephone by calling 1-917-781-4590,
conference
ID#
828
262
029#.

For
further
information,
please
visit:
https://superiorcourt.maricopa.gov/court-connect/

Clerk of the Superior Court

*** Electronically Filed ***

01/24/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

01/19/2024

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRADLEY ASTROWSKY
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
KYLE A VON JOHNSON

v.

WOODCREST EAST L L C, et al.
F ROBERT CONNELLY II

ERICA L MORTENSON
JONATHAN A DESSAULES
JUDGE ASTROWSKY

MINUTE ENTRY

East Court Building – Courtroom 413

10:00 a.m. This is the time set for Oral Argument regarding Defendants’ Request for Rule
56(D) Relief and for Expedited Hearing, filed January 11, 2024, and a Return Order to Show Cause
hearing regarding Plaintiff/Counterdefendant’s Request for Preliminary and Permanent
Injunctions, filed December 15, 2023. Plaintiff/Counterdefendant Power Ranch Community
Association
is
represented
by
counsel
of
record,
Kyle
A.
Von
Johnson.
Defendant/Counterclaimant Woodcrest East, LLC is represented by counsel of record, F. Robert
Connelly II and Jonathan A. Dessaules. Defendant/Counterclaimant Woodcrest Village East
Condominium Association is represented by counsel of record, Erica L. Mortenson. No other
parties appear. All appearances are virtual.

A record of the proceedings is made digitally in lieu of a court reporter.

Argument is presented to the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

01/19/2024

Docket Code 056
Form V000A
Page 2

LET THE RECORD REFLECT that the parties have stipulated to the following: Power
Ranch Community Association did not give written approval for Woodcrest Village East
Condominium Association’s governing documents specifically the declaration that was recorded
for Woodcrest Village East Condominium Association.

For the reasons set forth on the record,

IT IS ORDERED that the agreement as stated on the record is a stipulation of fact agreed
upon by the parties, therefore if the case were to go to trial, this would be a stipulated fact that
would be read to the jury as a stipulated fact. Furthermore, this is not a fact that can be contested
in any future Rule 56 motion.

As a result of the above stipulation, Plaintiff/Counterdefendant withdraws its request for
Rule 56 Motion for Partial Summary Judgement, filed December 15, 2023, which makes
Defendants/Counterclaimants’ Request for Rule 56(D) relief, filed January 11, 2024, moot.

Further discussion is held regarding Defendants’ Request for Preliminary and Permanent
Injunctions.

Argument is presented to the Court.

IT IS FURTHER ORDERED setting an in-person Evidentiary/Preliminary Injunction
Hearing on March 22, 2024 at 9:00 a.m. (time allotted: 2 days) with the time divided equally
between the parties, before this division.

The Honorable Bradley Astrowsky
Maricopa County Superior Court
East Court Building
101 West Jefferson
4th Floor, Courtroom 413
Phoenix, AZ 85003
Phone: 602-372-2048

Specifically, hearing days and times are as follows: March 22, 2024 from 9:00 a.m. to
noon and 1:30 p.m. to 4:30 p.m.; and March 29, 2024 from 10:30 a.m. to noon and 1:30 p.m. to
3:30 p.m.

Each side is limited to discovery related to the preliminary and permanent injunction issues.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

01/19/2024

Docket Code 056
Form V000A
Page 3

IT IS FURTHER ORDERED that counsel shall meet and confer and regarding
plaintiff’s claims and attempt to resolve any disputed issues.

In the interest of time, the parties are directed to provide a courtesy copy of any filings to
the Court’s Judicial Assistant, Stephanie Pham, at [email protected].

10:34 a.m. Matter concludes.

SUBMISSION OF EXHIBITS PRIOR TO HEARING

The parties are reminded to notify the court promptly of any settlement pursuant to Rule
5.3(d), Ariz.R.Civ.P.

Counsel (and any self-represented party) shall present exhibits to the Clerk of the Court
no later than 12:00 p.m. (noon) on March 8, 2024.

For electronic exhibit submission, please visit,
https://www.clerkofcourt.maricopa.gov/services/exhibits-submission. The webpage will
provide instructions and guidance for electronic submission as well as locations for in-person
submission of exhibits.

o
Exhibits shall be marked serially by number, plaintiff’s first; defendant’s exhibit
numbers will begin where plaintiff’s numbers end.
o
The exhibits must have a cover sheet reflecting:

The case number;

The caption;

Which party’s exhibits are being submitted;

The judicial officer;

The date of the hearing.
o
Confer with the other party to eliminate duplicate exhibits before presenting to the
clerk.
o
Do not skip numbers, or describe exhibits as “blank” or “withdrawn”; do not
“reserve” numbers for items not submitted to the clerk.
o
Separate exhibits by a colored sheet of paper with the exhibit number on front.
o
Do not mark affidavits and/or depositions as exhibits. Original depositions may
be submitted to the division clerk to be filed and will be available for use during
the trial.
o
Submitted documents are limited to 300 MB. If larger than 300 MB you may be
required to submit in multiple parts.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

01/19/2024

Docket Code 056
Form V000A
Page 4

If there are any questions regarding exhibits, please contact the division clerk, Caralee H.
Lockhart, at 602.506.6928 or by email at: [email protected] .

NOTICE: Exhibits Marked But Not Offered

Exhibits submitted to the court for an evidentiary hearing/trial, whether through hard
copy or submitted electronically, that are marked as exhibits but are not offered into evidence at
the evidentiary hearing will be destroyed following the hearing/trial, unless a party requests that
the evidence be returned at the conclusion of the hearing. Such requests must be filed with the
Court and served on all parties in advance of the hearing or by no later than the conclusion of the
hearing.

IT IS FURTHER ORDERED that all motions, responses, replies and other Court
requested filings in this case must be submitted individually. Counsel shall not combine any
motion with a responsive pleading. All motions are to be filed separately and designated as such.
No pleadings will be accepted if filed in combination with another.

Pursuant to Rule 8.1(f)(4) any motions to dismiss must attach a good faith consultation
certificate.

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.

Clerk of the Superior Court

*** Electronically Filed ***

02/14/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

02/13/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRADLEY ASTROWSKY
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
JOSEPH A CADA

v.

WOODCREST EAST L L C
WOODCREST EAST L L C
1635 N GREENFIELD RD STE 115
MESA AZ 85205

COMM. CRONIN
JUDGE ASTROWSKY

ORDER ENTERED BY COURT

This division has received plaintiff’s February 9, 2023 e-filed Application for Entry of
Default, against defendant Woodcrest East, 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
Mary Cronin.

IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

02/13/2023

Docket Code 023
Form V000A
Page 2

Pursuant to the Maricopa County e-Filing 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

The parties/counsel can find additional information regarding the default judgment
process at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/

Clerk of the Superior Court

*** Electronically Filed ***

03/12/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

03/11/2024

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRADLEY ASTROWSKY
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
KYLE A VON JOHNSON

v.

WOODCREST EAST L L C, et al.
F ROBERT CONNELLY II

ERICA L MORTENSON
JUDGE ASTROWSKY

TRIAL SETTING CONFERENCE RESET

Due to a calendar conflict and on the Court's own motion,

IT IS ORDERED vacating the remote** Trial Setting Conference set June 4, 2024 at 9:15
a.m. and resetting same to June 28, 2024 at 11:00 a.m. (time allotted: 15 minutes) before this
division. Counsel are requested to appear five minutes prior to the scheduled hearing.

Counsel shall have their trial calendars available.

**Please note that the Court is utilizing a virtual platform called Court Connect. An auto-
generated e-mail has been sent to local counsel of record. If for some reason you did not receive
the e-mail, please advise the Court. You may join the hearing using the following link:
tinyurl.com/jbazmc-cvj04, or you may appear via telephone by calling 1-917-781-4590,
conference ID# 828 262 029#. If the parties need assistance or have any questions, they may
contact
the
Court’s
Judicial
Assistant,
Stephanie
Pham,
at
[email protected].

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

03/11/2024

Docket Code 083
Form V000A
Page 2

PLEASE NOTE: Effective June 21, 2024, Judge Christopher Whitten will assume this
Division’s civil calendar. Telephone: 602-372-1164.

Clerk of the Superior Court

*** Electronically Filed ***

03/12/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

03/11/2024

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRADLEY ASTROWSKY
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
KYLE A VON JOHNSON

v.

WOODCREST EAST L L C, et al.
F ROBERT CONNELLY II

ERICA L MORTENSON
JUDGE ASTROWSKY

EVIDENTIARY HEARING RESET

On the Court’s own motion,

IT IS ORDERED vacating the Evidentiary Hearing on March 29, 2024 at 9:00 a.m. and
resetting same to April 12, 2024 at 10:30 a.m. (3.5 hours allotted) before this division. Counsel
are requested to appear five minutes prior to the scheduled hearing.

Counsel and the parties, if representing themselves, are to appear in person before:

Honorable Brad Astrowsky
Maricopa County Superior Court
East Court Building
4th Floor, Courtroom 413
101 West Jefferson
Phoenix AZ 85003
(602) 372-2048

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

03/11/2024

Docket Code 003
Form V000A
Page 2

IT IS FURTHER ORDERED affirming the Evidentiary Hearing on March 22, 2024 at
9:00 a.m. in this division.

In the interest of time, the parties are directed to provide a courtesy copy of any filings to
the Court’s Judicial Assistant, Stephanie Pham, at [email protected].

If there are any questions regarding exhibits, please contact the division clerk, Caralee H.
Lockhart, at 602.506.6928 or by email at: [email protected] .

NOTICE: Exhibits Marked But Not Offered

Exhibits submitted to the court for an evidentiary hearing/trial, whether through hard copy
or submitted electronically, that are marked as exhibits but are not offered into evidence at the
evidentiary hearing will be destroyed following the hearing/trial, unless a party requests that the
evidence be returned at the conclusion of the hearing. Such requests must be filed with the Court
and served on all parties in advance of the hearing or by no later than the conclusion of the hearing.

IT IS FURTHER ORDERED that all motions, responses, replies and other Court
requested filings in this case must be submitted individually. Counsel shall not combine any
motion with a responsive pleading. All motions are to be filed separately and designated as such.
No pleadings will be accepted if filed in combination with another. Pursuant to Rule 8.1(f)(4) any
motions to dismiss must attach a good faith consultation certificate.

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.

If the parties are not familiar with the courtroom’s technology, they are encouraged to set
up an appointment with the court’s technology liaison at 602.506.3269.

PLEASE NOTE: Effective June 21, 2024, Judge Christopher Whitten will assume this
Division’s civil calendar. Telephone: 602-372-1164.

Clerk of the Superior Court

*** Electronically Filed ***

05/14/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

05/13/2024

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRADLEY ASTROWSKY
P. McKinley

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN

v.

WOODCREST EAST L L C, et al.
F ROBERT CONNELLY II

ERICA L MORTENSON
KYLE A VON JOHNSON
JUDGE ASTROWSKY

STATUS CONFERENCE RESET

On the Court's own motion, due to a conflict on this Court's calendar,

IT IS ORDERED vacating the remote** Status Conference set for May 22, 2024 at 8:45
a.m. and resetting same to May 22, 2024 at 9:15 a.m. (time allotted: 15 minutes) before this
division. Counsel are requested to appear five minutes prior to the scheduled hearing.

**Please note that the Court is utilizing a virtual platform called Court Connect. This
platform will be used for all remote hearings, even if the hearing is telephonic (audio) only. An
auto-generated e-mail has been sent to local counsel of record. If for some reason you did not
receive the e-mail, please advise the Court. You may join the hearing using the following link:
tinyurl.com/jbazmc-cvj04, or you may appear via telephone by calling 1-917-781-4590,
conference
ID#
828
262
029#.

For
further
information,
please
visit:
https://superiorcourt.maricopa.gov/court-connect/

Clerk of the Superior Court

*** Electronically Filed ***

05/24/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

05/22/2024

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRADLEY ASTROWSKY
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN

v.

WOODCREST EAST L L C, et al.
F ROBERT CONNELLY II

ERICA L MORTENSON
KYLE A VON JOHNSON
JONATHAN A DESSAULES
JUDGE ASTROWSKY

MINUTE ENTRY

East Court Building – Courtroom 413

9:15 a.m. This is the time set for a Status Conference regarding the parties’ Stipulation to
Continue Evidentiary Hearing Regarding Plaintiff’s Request for Preliminary and Permanent
Injunctions and Request to Set a Status Conference, filed May 3, 2024. Plaintiff, Power Ranch
Community Association, is represented by counsel, Chad Philip Miesen and Kyle A. Von Johnson.
Defendant, Woodcrest East, LLC, is represented by counsel, F. Robert Connelly II, and Jonathan
A. Dessaules. Defendant, Woodcrest Village East Condominium Association, is represented by
counsel, Erica L. Mortenson. All appearances are virtual.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding the status of the case, newly discovered information, and the
pending motions.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

05/22/2024

Docket Code 089
Form V000A
Page 2

Plaintiff withdraws his request for a Preliminary Injunction with no objections from
Defendants.

For the reasons set forth on the record,

IT IS ORDERED the parties shall disclose any and all additional recently discovered
evidence no later than close of business on June 12, 2024.

IT IS FURTHER ORDERED granting Plaintiff’s Motion for Leave to File Motion for
Summary Judgment, filed May 7, 2024.

IT IS FURTHER ORDERED parties are granted leave to supplement their already filed
briefs, but such supplements are to be limited to the newly discovered evidence.

IT IS FURTHER ORDERED setting a remote** Oral Argument on all pending Motions
for Summary Judgment on August 30, 2024 at 9:00 a.m. (time allotted: 1 hour) with the time
divided equally between the parties, before this division. Counsel are requested to appear five
minutes prior to the scheduled hearing.

IT IS FURTHER ORDERED vacating the remote** Trial Setting Conference set on June
28, 2024 at 11:00 a.m. and resetting same to May 22, 2023 at 9:15 a.m before this division.

IT IS FURTHER ORDERED setting this matter for a 5-day Jury Trial beginning on
February 24, 2025 at 9:00 a.m. (concluding by 4:30 p.m. on March 3, 2025) in this division.

The Honorable Christopher Whitten
Maricopa County Superior Court
East Court Building
101 West Jefferson
4th Floor, Courtroom 413
Phoenix, AZ 85003
Phone: 602-372-1164

Trial days in this matter will be as follows: February 24, 25, 26, 27 and March 3, 2025 with
the time divided equally between the parties.

Trial hours are normally 9:30 a.m. to 4:30 p.m. (with a lunch recess from noon to 1:30 p.m.
and two 15-minute recesses), daily. However, jury selection begins at 9:00 a.m. on March 3,
2025.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

05/22/2024

Docket Code 089
Form V000A
Page 3

The trial will concern both the request for a permanent injunction and a trial on the merits
of the other claims. The Court shall determine the request for injunctive relief and the jury shall
address all other claims. Whether the parties desire the jury to serve as an advisory jury on the
request for injunctive relief is something the parties should meet and confer to discuss and address
in their Joint Pretrial Statement.

IT IS FURTHER ORDERED setting a remote** Final Trial Management conference for
February 7, 2025 at 9:00 a.m. (time allotted: one hour) in this division. All counsel (and any
self-represented party) shall appear remotely unless otherwise ordered.

**Please note that the Court is utilizing a virtual platform called Court Connect. An auto-
generated e-mail has been sent to local counsel of record. If for some reason you did not receive
the e-mail, please advise the Court. You may join the hearing using the following link:
tinyurl.com/jbazmc-cvj04, or you may appear via telephone by calling 1-917-781-4590,
conference ID# 828 262 029#. If the parties need assistance or have any questions, they may
contact the Court’s Judicial Assistant after June 21, 2024, Jackie Hernandez, at
[email protected].

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.

9:34 a.m. Matter concludes.

Based on the trial setting, the court sets the following deadlines and makes the following
orders. The dates set forth in this order are firm dates and will not be extended or modified by this
court absent good cause. Lack of preparation will not ordinarily be considered good cause.

DUTIES BEFORE THE FINAL TRIAL MANAGEMENT CONFERENCE

MOTIONS IN LIMINE. All motions in limine shall be filed no later than 5:00 p.m. on
January 17, 2025. Written responses to motions in limine may be filed no later than 10 calendar
days after service of the motion. No replies shall be filed. The court may hear argument at the final
trial management conference or may rule without oral argument. The parties must comply with Ariz.
R. Civ. P. Rule 7.2(a) before filing any motion in limine. There is no limit to the number of motions
in limine filed. The parties are limited to one issue for each motion filed. The parties are discouraged

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

05/22/2024

Docket Code 089
Form V000A
Page 4

from filing a Motion In Limine simply to request that the other party comply with the law when there
is no reason to believe the other party won’t comply with same.

JOINT PRETRIAL STATEMENT. The parties shall file with the court no later than 5:00
p.m. on January 31, 2025, a Joint Pretrial Statement, signed by all counsel (and any self-
represented party) and submit a copy in WORD format to the Court’s Judicial Assistant, containing
the following: This order modifies the requirements of Ariz. R. Civ. P. 16(f).

NOTE: The failure to timely file and submit a Joint Pre-Trial Statement may result in the
Court’s need to vacate and continue your trial setting. Accordingly, kindly make it a priority to
timely file and submit same.

1.
List of Claims. The Joint Pretrial Statement must contain a list of all claims or causes
of action on which a verdict is sought by any party. Such list shall specify (1) the cause of action
(e.g., breach of contract, negligence, etc.), (2) each party asserting that cause of action, and (3) each
party against whom that cause of action is asserted.

2
No List of Issues. The requirements of Ariz. R. Civ. P. 16(f)(2)(A), (B) and (C) are
waived. The parties need not prepare a list of stipulations, agreed contested issues or other issues
considered material. Disputes over what issues are properly in the case will be decided under Rule
26.1. The parties may, if they wish, submit one or more separate stipulations regarding facts, evidence
or other matters.

3.
Summary of the Case for Jury Selection. The Joint Pretrial Statement must include
an agreed-upon brief (generally less than 200 words) summary of the case for jury selection purposes.
If the parties cannot agree, they must submit separate proposed summaries.

4.
Final Trial Witnesses. The Joint Pretrial Statement must include an exhibit entitled
Final Trial Witness List, which must list each witness a party expects to call at trial (in person or by
deposition) and the day on which they expect to call that witness. If the court finds that a party
unreasonably included witnesses not likely to be called at trial, it may consider appropriate sanctions.

5.
Trial Exhibits. As required by Rule 16(f)(2)(E), all trial exhibits must be listed in the
Joint Pretrial Statement along with objections. The court typically resolves objections to exhibits at
trial, but objections must be listed in the Joint Pretrial Statement to be preserved. If the court finds
that a party unreasonably included exhibits not likely to be used at trial, it may consider appropriate
sanctions.

6.
Deposition Designations. Deposition designations and objections should not be
included in the Joint Pretrial Statement, but must be filed with the court three judicial days before the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

05/22/2024

Docket Code 089
Form V000A
Page 5

start of trial. The court will resolve deposition designations as follows. By 3:00 p.m. the day before
a party plans to read deposition testimony, that party must provide the court a hard copy of the
deposition transcript with (1) the portions to be read highlighted in one color, (2) any counter-
designations highlighted in a different color, and (3) any objections written in the margin. The court
will rule on any objections by the next day. If the party plans to play a video deposition, the transcript
must be provided by 3:00 p.m. three (3) days before the deposition will be played.

7.
Other Matters. The Joint Pretrial Statement must include the matters in Ariz. R. Civ.
P. 16(f)(2)(H-M).

JURY INSTRUCTIONS; VOIR DIRE. The parties shall meet and agree on as many
proposed jury instructions as possible. The parties shall file with the court, with their Joint Pretrial
Statement, copies of:

1.
Proposed voir dire questions.

2.
Agreed-upon preliminary and final jury instructions and proposed forms of
verdicts.

3.
Separate sets of requested instructions that have not been agreed upon. Recommended
Arizona Jury Instructions (“RAJI”) may be referred to name without reprinting, but if
the RAJI contains options for the court the party should indicate which options it is
requesting.

Jury instructions not requested by the final trial management conference will be deemed
waived unless good cause exists for the untimely request.

SETTLEMENT. The parties are reminded to notify the court promptly of any settlement
pursuant to Ariz. R. Civ. P. 5.3(d). 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.

TRIAL MANAGEMENT CONFERENCE

At the final trial management conference, the parties shall be prepared to discuss:

1.
The claims and parties as to which a verdict is sought.

2.
The time designated for trial and, if necessary, time limits.

3.
Any scheduling or equipment issues.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

05/22/2024

Docket Code 089
Form V000A
Page 6

4.
Voir dire and the jury questionnaire.

5.
Any special issues regarding exhibits or deposition designations.

6.
Preliminary jury instructions.

7.
The case summary for jury selection purposes.

8.
Motions in limine.

9.
The potential for settlement before trial.

TRIAL EXHIBITS

This Division uses Case Center, a state-wide electronic exhibit portal. All exhibits shall be
electronically submitted through Case Center. When the case has been initiated by the Clerk of
Court, the attorney of record and any self-represented party will receive an email invitation to the
case created in Case Center. The attorney of record is responsible for inviting through Case Center
any co-counsel or staff who need access to the case.

Counsel and any self-represented party shall upload all trial exhibits to Case Center no
later than 3:00 p.m. on February 10, 2025.

For uploading exhibits to Case Center, please adhere to the following guidelines:

1. Exhibits must be appropriately titled. Any exhibit title containing derogatory or prejudicial
information will be renamed by the Clerk.

2. Do not put exhibit numbers in your exhibit titles. Case Center will assign an exhibit number
to each exhibit upon upload, and will number Plaintiff’s exhibits and Defendant’s exhibits
separately (e.g., Plaintiff’s exhibit 1; Defendant’s exhibit 1, etc.).

3. Do not submit duplicate exhibits. It is essential that the parties confer to avoid
submitting duplicate exhibits.

4. Original Depositions will not be marked as an exhibit. Original depositions to be used for
impeachment purposes shall be provided in paper form to the Clerk on the first day of the
hearing/trial to be hand-filed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

05/22/2024

Docket Code 089
Form V000A
Page 7

5. If large charts or blow-ups are anticipated to be used, please include a small version (or
photo) which can be marked as the exhibit. The charts and blow-ups are used for
demonstrative purpose only, are not marked as the exhibits, and are returned.

The Court, Clerk, and all counsel and self-represented parties will have access to the
exhibits through Case Center. The Court will not have paper copies of exhibits available for
witnesses. Counsel may use the Case Center presentation software or may use their own trial
presentation software to present exhibits to witnesses and the jury, as long as counsel can avow
that the exhibits they present are true and accurate copies of the Court’s exhibits. These matters
will be discussed further at the Final Trial Management Conference.

For further information about Case Center and training materials:
 https://digitalevidence.azcourts.gov/
 https://www.azcourts.gov/digitalevidence/Training/Attorney-and-Self-
Represented-Litigants

For assistance in preparation of exhibits contact the Courtroom Clerk: contact Caralee H.
Lockhart at [email protected] or 602-506-6928.

PLEASE NOTE: Effective June 21, 2024, Judge Christopher Whitten will assume this
Division’s civil calendar. Telephone: 602-372-1164.

Clerk of the Superior Court

*** Electronically Filed ***

07/16/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

07/12/2024

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN

v.

WOODCREST EAST L L C, et al.
F ROBERT CONNELLY II

ERICA L MORTENSON
JUDGE WHITTEN

STATUS CONFERENCE SET

This case is currently set for Trial on February 24, 2025, with a Final Trial Management
Conference set for February 7, 2025 at 9:00 a.m.

In other cases, this division is currently setting trial too far removed from the date of the
Trial Scheduling Conference.

As this case was set for trial by another Judge (due to judicial rotations), it would be
beneficial to know more about this case. The Status Conference scheduled below is set for that
purpose.

Please file a short, joint pleading with the Court at least five (5) days prior to the Status
Conference which briefly describes the nature of the case, the procedural history of the case and
any alternative dispute resolution efforts made by the parties. In addition to filing the pleading,
please
send
a
copy
to
the
Division
Judicial
Assistant,
Jackie
Hernandez
at
[email protected].

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

07/12/2024

Docket Code 028
Form V000A
Page 2

IT IS ORDERED setting a remote** Status Conference regarding the status of the case,
as described above, on July 26, 2024 at 11:30 a.m. (time allotted: 15 minutes) with the time
divided equally between the parties, before this division. Counsel are requested to appear five
minutes prior to the scheduled hearing.

**Please note that the Court is utilizing a virtual platform called Court Connect. This
platform will be used for all remote hearings, even if the hearing is telephonic (audio) only. An
auto-generated e-mail has been sent to local counsel of record. If for some reason you did not
receive the e-mail, please advise the Court. You may join the hearing using the following link:
tinyurl.com/jbazmc-cvj04, or you may appear via telephone by calling 1-917-781-4590,
conference
ID#
828
262
029#.

For
further
information,
please
visit:
https://superiorcourt.maricopa.gov/court-connect/

The proceedings will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made digitally in lieu of a court reporter. Should you want an unofficial copy
of the proceedings, the parties or counsel may request a digital copy of the proceedings for a $30.00
charge. For copies of hearings or trial proceedings recorded previously, please call Electronic
Records Services at 602-506-7100.

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.

Clerk of the Superior Court

*** Electronically Filed ***

07/20/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

07/19/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRADLEY ASTROWSKY
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
KYLE VON JOHNSON

v.

WOODCREST EAST L L C, et al.
JANE H WILLIAMS

ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE ASTROWSKY

ORDER ENTERED BY COURT

Pursuant to the Scheduling Order electronically signed by the Court on July 19, 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 October 27, 2023.

IT IS FURTHER ORDERED that no later than July 31, 2023 the parties shall 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 2023-000397

07/19/2023

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.

Clerk of the Superior Court

*** Electronically Filed ***

08/07/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

07/26/2024

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN

v.

WOODCREST EAST L L C, et al.
F ROBERT CONNELLY II

ERICA L MORTENSON
KYLE A VON JOHNSON
JUDGE WHITTEN

MINUTE ENTRY

East Court Building – Courtroom 413

11:33 a.m. This is the time set for a Status Conference regarding an update on the status of
the case. Plaintiff, Power Ranch Community Association, is represented by counsel, Kyle Von
Johnson on behalf of counsel of record Chad Philip Miesen. Defendant, Woodcrest East LLC, is
represented by counsel, F. Robert Connelly, II. Defendant, Woodcrest Village East Condominium
Association, is represented by counsel, Erica L. Mortenson. All appearances are virtual.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding the status of the case and the status of the supplemental brief
as discussed in the Trial Setting Conference on May 24, 2024.

For the reasons set forth on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

07/26/2024

Docket Code 094
Form V000A
Page 2

IT IS ORDERED affirming the Oral Argument regarding all dispositive motions on
August 30, 2024 at 9:00 a.m. in this division.

IT IS FURTHER ORDERED Plaintiff’s supplemental brief shall be filed no later than
August 2, 2024, the Response shall be filed no later than August 16, 2024, and the Reply shall
be filed no later than August 23, 2024.

IT IS FURTHER ORDERED the Plaintiff’s supplemental brief shall filed be limited to
seventeen (17) pages, the Response shall be limited to seventeen (17) pages, and the Reply shall
be limited to five (5) pages.

In the interest of time, please email a courtesy copy to this division’s Judicial Assistant
Jackie Hernandez at [email protected].

11:41 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

08/10/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

08/09/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRADLEY ASTROWSKY
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
KYLE A VON JOHNSON

v.

WOODCREST EAST L L C, et al.
JANE H WILLIAMS

ALTERNATIVE DISPUTE
RESOLUTION - CCC
JUDGE ASTROWSKY

MINUTE ENTRY

The Court has received the parties’ Stipulated Motion to Vacate Order to Alternative
Dispute Resolution, filed July 31, 2023. Accordingly,

IT IS ORDERED vacating the Order for referral to the Court’s Alternative Dispute
Resolution Department for the appointment of a judge pro tempore, by Minute Entry dated July
19, 2023 and filed July 20, 2023.

IT IS FURTHER ORDERED vacating the Order to file a Joint Request and
Certification of Readiness for Setting Settlement Conference Under Rule 16(i), Arizona Rules of
Civil Procedure by July 31, 2023, by Minute Entry dated July 19, 2023 and filed July 20, 2023.

Clerk of the Superior Court

*** Electronically Filed ***

08/21/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

08/20/2024

Docket Code 095
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN

v.

WOODCREST EAST L L C, et al.
F ROBERT CONNELLY II

ERICA L MORTENSON
KYLE A VON JOHNSON
JONATHAN A DESSAULES
JUDGE WHITTEN

ORAL ARGUMENT RESET

The Court has received the parties’ Stipulation to Reset Oral Argument, filed August 16,
2024. Good cause appearing,

IT IS ORDERED vacating the remote Oral Argument set for August 26, 2024 and
resetting to an in-person Oral Argument on September 10, 2024 at 10:30 a.m. (time allotted: 1
hour) in this division, before:

THE HONORABLE CHRSTOPHER WHITTEN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON, 4TH FLOOR, COURTROOM 413
PHOENIX, AZ 85003
PHONE: 602-372-1164

Clerk of the Superior Court

*** Electronically Filed ***

09/10/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

09/06/2024

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
C. Lockhart

Deputy

POWER RANCH COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN

v.

WOODCREST EAST L L C, et al.
F ROBERT CONNELLY II

ERICA L MORTENSON
KYLE A VON JOHNSON
JONATHAN A DESSAULES
JUDGE WHITTEN

CASE ON DISMISSAL CALENDAR

A Notice of Settlement has been received. Accordingly,

IT IS ORDERED setting this matter for dismissal on November 6, 2024. Unless prior to
that date a stipulated judgment or a stipulation for dismissal, along with a proposed form of order,
is submitted to the Court, or the Court otherwise extends the deadline for good cause, all remaining
claims and parties will be dismissed.

IT IS FURTHER ORDERED vacating the Oral Argument set for September 10, 2024 at
10:30 a.m. in this division.

IT IS FURTHER ORDERED vacating the Final Trial Management Conference set for
February 7, 2025 at 9:00 a.m..

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2023-000397

09/06/2024

Docket Code 375
Form V000A
Page 2

IT IS FURTHER ORDERED vacating the 5-day Jury Trial set for February 24, 2025 at
9:00 a.m. in this division.

IT IS FURTHER ORDERED deeming any pending motions moot due to the parties’
settlement.

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