05/27/2025 — CV2024037171 HOLM, WILLIAM D 05/27/2025 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/28/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-037171
05/27/2025
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
A. Walker
Deputy
YUKON HELICOPTERS INC
TONY CALIENDO
v.
WILLIAM D HOLM, et al.
DONALD WILSON JR.
JUDGE HANNAH
MINUTE ENTRY
The First Amended Complaint features pointless repetition and excessive, unnecessary
detail, but so did the original Complaint that the defendants have already answered. The Motion
to Dismiss thus appears intended more to make a point than to obtain the relief requested.
IT IS ORDERED the Motion to Dismiss is denied.
06/30/2025 — CV2024037171 HOLM, WILLIAM D 06/30/2025 HONORABLE JOSEPH KREAMER View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
07/01/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-037171
06/30/2025
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
A. Walker
Deputy
YUKON HELICOPTERS INC
MICK LEVIN
v.
WILLIAM D HOLM, et al.
DONALD WILSON JR.
JOHN K WITTWER
TONY CALIENDO
DOCKET CV TX
JUDGE KREAMER
ORDER SIGNED
The Court has received and reviewed plaintiff’s Ex Parte Application to Withdraw as
Counsel of Record with Client Consent, filed June 27, 2025.
Good cause appearing,
IT IS ORDERED approving/granting plaintiff’s Ex Parte Application to Withdraw as
Counsel of Record with Client Consent, all in accordance with the formal written Order Granting
Ex Parte Application to Withdraw as Counsel of Record with Client Consent signed by the Court
June 30, 2025, and filed (entered) by the Clerk June 30, 2025.
IT IS FURTHER ORDERED permitting Tony Caliendo, Daniel Nies, and the law firm
of Orangewood Law Group, PLC to withdraw as counsel of record for plaintiff, Yukon
Helicopters, Inc.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-037171
06/30/2025
Docket Code 022
Form V000A
Page 2
IT IS FURTHER ORDERED that all future correspondence, minute entries, notices and
copies of pleadings should be sent directly to plaintiff’s new counsel, Mick Levin, of Mick Levin
PLC shall
Please note: The court has signed a paper copy of the order which was originally provided
electronically. After the order has been scanned and docketed by the Clerk of Court, copies of this
order will be available through the ECR online at www.clerkofcourt.maricopa.gov or through
www.AZTurboCourt.gov and from the Public Access Terminals at the Clerk of Court’s offices
located throughout Maricopa County.
NOTICE TO PARTIES AND COUNSEL
This case has been reassigned effective June 30, 2025 to Judge Joseph Kreamer. The
telephone number for Judge Kreamer’s Division is 602-372-1764. Proceedings will continue to
be conducted in the East Court Building, 101 West Jefferson, Courtroom 811, Phoenix, Arizona
85003, or via Court Connect at the previously provided link.
07/01/2025 — CV2024037171 HOLM, WILLIAM D 07/01/2025 HONORABLE JOSEPH KREAMER View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
07/02/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-037171
07/01/2025
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
A. Walker
Deputy
YUKON HELICOPTERS INC
MICK LEVIN
v.
WILLIAM D HOLM, et al.
DONALD WILSON JR.
JOHN K WITTWER
JUDGE KREAMER
MINUTE ENTRY
The Court has received plaintiff’s Notice of Withdrawal of Motion for Leave to Amend,
filed June 4, 2025.
IT IS ORDERED deeming the Motion for Leave to Amend, filed June 4, 2025 withdrawn.
08/05/2025 — CV2024037171 HOLM, WILLIAM D 08/05/2025 HONORABLE JOSEPH KREAMER View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/06/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-037171
08/05/2025
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
J. Zinkowich
Deputy
YUKON HELICOPTERS INC
MICK LEVIN
v.
WILLIAM D HOLM, et al.
DONALD WILSON JR.
JOHN K WITTWER
JUDGE KREAMER
MINUTE ENTRY
The Court has received and reviewed Defendant Tolliver Law Firm, P.C.’s (“Tolliver”)
May 23, 2025, Motion to Dismiss, Plaintiff’s Response in opposition, Defendants Holms’ and
Jones, Skelton & Hochuli’s Response in opposition, and Defendant Tolliver’s Reply. Defendant
Tolliver’s Motion argues that dismissal of Tolliver is appropriate because Plaintiff’s claim
against Tolliver is based on a claim that Tolliver is vicariously liable for the acts of Defendant
Dugger, and the Court “can take judicial notice of public records” showing that at the time of
alleged negligence Dugger was no longer Tolliver’s employee. According to Tolliver, this
establishes that “Tolliver cannot be vicariously liable.”
The Court disagrees with Tolliver’s analysis. First, the facts that Tolliver wants the Court
to accept are outside the pleadings. While it is true that this Court may take judicial notice of
facts that “are not subject to reasonable dispute” (see Rule 201, Arizona Rules of Evidence),
Tolliver asks the Court to assume a Complaint filed by the Office of Disciplinary Counsel for the
State of Montana, which alleges that Dugger filed a substitution of counsel notice, itself
establishes as an undisputed fact that Dugger was no longer Tolliver’s employee. This Court will
not automatically assume that facts alleged in other records are true. See, e.g., Scottsdale
Memorial Health Systems, Inc. v. Clark, 157 Ariz. 461, 468 (1988). And, even if it were true, the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-037171
08/05/2025
Docket Code 019
Form V000A
Page 2
mere filing of a notice that Dugger had started his own firm before the alleged negligence
occurred does not automatically lead to the legal conclusion that Dugger was no longer an
employee of Tolliver. It is legally possible for an attorney to establish their own practice, while
at the same time being employed by another firm. Thus, while Tolliver may eventually establish
a lack of vicarious liability, it has not yet done so.
Second, the First Amended Complaint and soon to be operative Third Amended
Complaint1 both allege independent negligence by Tolliver. Accordingly, even if the Court were
to take judicial notice of Dugger’s exit date and attach legal significance to it, an independent
claim would remain.
IT IS ORDERED for the reasons set forth above, Defendant Tolliver’s Motion to
Dismiss is denied.
1 Plaintiff filed a Motion for Leave to File Third Amended Complaint on June 30, 2025. Defendant Tolliver’s
Response stated that if the Court denies Tolliver’s Motion to Dismiss, Tolliver does not oppose the amendment.
Accordingly, the Court will grant the Motion to Amend by separate Minute Entry.
08/11/2025 — CV2024037171 HOLM, WILLIAM D 08/11/2025 HONORABLE JOSEPH KREAMER View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/12/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-037171
08/11/2025
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH KREAMER
A. Walker
Deputy
YUKON HELICOPTERS INC
MICK LEVIN
v.
WILLIAM D HOLM, et al.
DONALD WILSON JR.
JOHN K WITTWER
JUDGE KREAMER
MINUTE ENTRY
The Court has received and reviewed Plaintiff Yukon Helicopters, Inc.’s June 30, 2025,
Motion for Leave to File Third Amended Complaint, and Defendant Tolliver Law Firm, P.C.’s
Response. For the reasons set forth in the Motion, the Motion for Leave to File Third Amended
Complaint is granted.
The operative Complaint in this matter is now the Third Amended Complaint, attached to
Plaintiff’s June 30, 2025, Motion.
