Free Status Report - District Court of Arizona - Arizona

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Dan W. Goldfine (#018788) Adam Lang (#022545) SNELL & WILMER L.L.P. One Arizona Center 400 East Van Buren Street Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 Facsimile: (602) 382-6070 [email protected] [email protected] Attorneys for Plaintiffs and Counterdefendants and Third Party Defendants and

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

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Snell & Wilmer L.L.P.

Grant Woods, Esq. (#006106) GRANT WOODS, P.C. 1726 North Seventh Street Phoenix, Arizona 85006 Telephone: (602) 258-2599 Facsimile: (602) 258-5070 [email protected] Attorneys for Plaintiffs and Counterdefendants and Third Party Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Meritage Homes Corporation, a Maryland Corporation, formerly d/b/a Meritage Corporation, Hancock-MTH Builders, Inc., an Arizona corporation, Hancock-MTH Communities, Inc., an Arizona corporation, and currently d/b/a Meritage Homes Construction, Inc., an Arizona corporation, and Meritage Homes of Arizona, Inc., an Arizona corporation, Plaintiffs, v. Ricky Lee Hancock and Brenda Hancock, husband and wife; Gregory S. Hancock and Linda Hancock, husband and wife, Rick Hancock Homes L.L.C., an Arizona limited liability company; RLH Development, L.L.C., an Arizona limited liability company; and J2H2, L.L.C., an Arizona limited liability company, Defendants. Rick and Brenda Hancock, Case No. CV-04-0384-PHX-ROS JOINT INTERIM RULE 16 STATUS CONFERENCE MEMORANDUM (Assigned to the Honorable Roslyn O. Silver)

Case 2:04-cv-00384-ROS

Document 422

Filed 01/17/2007

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

Defendants, Counter-Claimants, and Third Party Plaintiffs, v. Meritage Homes Corporation, a Maryland Corporation, formerly d/b/a Meritage Corporation, Hancock-MTH Builders, Inc., an Arizona Corporation, Hancock-MTH Communities, Inc., an Arizona Corporation, an Arizona Corporation; and currently d/b/a Meritage Homes Construction, Inc., an Arizona Corporation, and Meritage Homes of Arizona, Inc., an Arizona Corporation; Steven J. Hilton and Suzanne Hilton, husband and wife; John R. Landon and Debi Landon, husband and wife; Scott Keeffe and Vicky Keeffe, husband and wife; Roger Zetah and Jane Doe Zetah, husband and wife; and James Arneson and Zane Arneson, husband and wife, Third Party Defendants. Pursuant to the Court's October 12, 2006 Scheduling Order, the Parties submit the following Interim Rule 16 Scheduling Order: I. DISCOVERY Fact and expert discovery is formally closed. A. Greg Hancock as an Expert 1. Counterdefendants and Third-Party Defendants' Position

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Snell & Wilmer L.L.P.

After the deadline for expert disclosures and on the eve of the close of discovery, Counterclaimants and Third-Party Plaintiffs disclosed an expert report of Greg Hancock. Immediately thereafter, Counterdefendants and Third-Party Defendants sought production of expert Greg Hancock's file materials. Counterclaimants and Third-Party Plaintiffs failed to produce expert Greg Hancock's file materials. A motion to compel is forthcoming, as soon as a meet and confer occurs. 2. Defendants, Counterclaimants and Third-Party Plaintiffs' Position

On December 22, 2006, Response to Request for Production of Documents was sent to Plaintiffs regarding Greg Hancock.

Case 2:04-cv-00384-ROS

Document 422- 2 - Filed 01/17/2007

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Greg Hancock was disclosed as an expert witness on October 10, 2006. At that time, his testimony was disclosed in detail. The disclosure was timely. A Notice of Errata was sent on November 17, 2006. B. Barb Sorget as an Expert 1. Plaintiffs, Counterdefendants and Third-Party Defendants' Position

Defendants are claiming Barb Sorget has been disclosed as an expert. Plaintiffs have asked for a copy of that disclosure. 8 9 10 Plaintiff requested information on when the information was sent. This was provided to 11 them on January 11, 2006. Today, Plaintiff requested another copy of the report.
LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

2.

Defendants' Position

Barb Sorget's report was disclosed to Plaintiff on November 30, 2005. Previously,

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Snell & Wilmer L.L.P.

II.

PENDING MOTIONS THAT ARE FULLY BRIEFED OR FURTHER RESOLUTION BY THE COURT IS NEEDED A. Counterdefendants and Third-Party Defendants' Motion to Dismiss Counterclaim and Third-Party Claims of Rick and Brenda Hancock (Item # 364) Plaintiffs' Proposed Order Mandating Robert Frisbee to Reimburse Meritage Costs Incurred in Pursuing Greg Hancock's Compliance with this Court's Dismissal Order (Items # 345, 267, 266) Plaintiffs' Motion to Stay Arbitration (Item # 330) Order of Sanctions Against Mr. Frisbee (Item # 266)

B.

C. D.

On January 18, 2006, the Court imposed sanctions against counsel for Greg Hancock, Mr. Frisbee, for the amount equaling the costs, expenses, and attorneys' fees incurred by Meritage in pursuing defendant Greg Hancock's compliance with this Court's May 12, 2005 Dismissal Order. On January 27, 2006, Meritage filed its Bill of Costs as ordered by the Court. Mr. Frisbee objected on February 2, 2006, and Meritage filed a reply on February 16, 2006, in support of its Bill of Costs. Accordingly, this issue has been fully briefed.

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III.

PENDING MOTIONS NOT FULLY BRIEFED A. Combined (1) Plaintiffs' Motion for Partial Summary Judgment, and (2) Counterdefendants' and Third-Party Defendants' Motion for Summary Judgment on Rick and Brenda Hancocks' Counter-Claims and Third-Party Claims (Item # 411) Motion for Summary Judgment Renewed by Rick Hancock (Item # 417) Motion for Summary Judgment Updated by Greg Hancock (Item # 414)

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

C. IV.

OTHER ISSUES A. Trial Date 1. Plaintiffs, Counterdefendants and Third-Party Defendants' Position

There are no foreseeable impediments for setting a date for a bench trial commencing at the first available time after May 15, 2007. Plaintiffs, Counterdefendants and Third-Party Defendants believe that the trial can be completed within 10 trial days. Plaintiffs, Counterdefendants and Third-Party Defendants disagree that defendants Greg Hancock and J2H2 demanded a jury trial. 2. Defendants, Counterclaimants and Third-Party Plaintiffs' Position

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Snell & Wilmer L.L.P.

The Defendants have demanded a jury trial. B. Pending Dates

The parties have stipulated to short extensions to motion practice to accommodate some efficiencies and a health issue of one of the attorneys. These extensions will necessarily impact the deadline for motions in limine and the set pretrial conference. The parties will be in a better position to evaluate how long or short the extension to these deadlines will need to be within a week of when Responses to Plaintiffs' motions for summary judgment are filed. At that time, the parties intend to file a stipulated motion with the Court. V. SETTLEMENT STATUS The parties have discussed settlement but have been unable to reach an agreement.

Case 2:04-cv-00384-ROS

Document 422- 4 - Filed 01/17/2007

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

DATED this 17th day of January, 2007. SNELL & WILMER L.L.P.

By s/ Dan W. Goldfine Dan W. Goldfine Adam Lang One Arizona Center Phoenix, AZ 85004-2202 Attorneys for Plaintiffs and Third Party Defendants and

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Case 2:04-cv-00384-ROS

Snell & Wilmer L.L.P.

By s/ Grant Woods Grant Woods GRANT WOODS, P.C. 1726 North Seventh Street Phoenix, AZ 85006 Attorneys for Plaintiffs and Third Party Defendants

By s/ Ivan Mathew Ivan K. Mathew Mathew & Mathew, P.C. 3000 N. Central Avenue, Suite 1730 Phoenix, Arizona 85004 Attorney for Defendant Rick Hancock

By s/ Robert Frisbee Robert M. Frisbee Frisbee & Bostock, PLC 1747 East Morton Avenue Suite 108 Phoenix AZ 85020 Attorney for Defendant Greg Hancock

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

CERTIFICATE OF SERVICE I hereby certify that on January 17, 2007, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Ivan K. Mathew Mathew & Mathew, P.C. 3000 N. Central Avenue, Suite 1730 Phoenix, Arizona 85004 Attorneys for Defendant Rick Hancock Robert M. Frisbee Frisbee & Bostock, PLC 1747 East Morton Avenue Suite 108 Phoenix AZ 85020 Attorneys for Defendant Greg Hancock Kenneth J. Sherk Timothy J. Burke Fennemore Craig, P.C. 3003 N. Central Ave. Suite 2600 Phoenix, AZ 85012-2913 Attorneys for Defendant Snell & Wilmer, L.L.P. in State Court Action

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Snell & Wilmer L.L.P.

s/ Adam E. Lang 17
1938878.1

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