Paul Retains A Lawyer To Defend Agasint Rule 11 Sanctions Apr 4 2012

Michael K.
Jeanes, Clerk of Court

*** Electronically Filed ***
04/09/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2010-010049 04/04/2012
CLERK OF THE COURT

HON. JOHN REA L. Gilbert
Deputy
PETER J WORKUM, et al. JEFFREY M PROPER
v.
SELECT PORTFOLIO SERVICING INC, et al. SEAN K MCELENNEY
BRIAN HOLOHAN
MINUTE ENTRY
East Court Building – Courtroom 414
9:00 a.m. This is the time set for Status Conference re: Defendant Select Portfolio
Servicing, Inc.’s (“SPS”) December 2, 2012 Motion for Rule 11 Sanctions and Defendant SPS’s
December 16, 2011 Motion to Enjoin Paul Conant from Engaging in Ex Parte Communications
with Potential Witnesses in This Matter, and for Permission to Directly Contact Certain Former
Law Firm Employees. Plaintiffs are represented by counsel, Jeffrey M. Proper. Defendant SPS
is represented by counsel, Sean K. McElenney and Gregory B. Iannelli. Attorney Paul A.
Conant is present and represented by counsel, Brian Holohan.
A record of the proceedings is made by audio/videotape in lieu of a court reporter.
Discussion is held and argument is presented.
As to Plaintiffs’ February 27, 2012 Motion for Enlargement of Time Within Which to
Respond to Defendant’s Renewed Motion for Partial Summary Judgment,
Docket Code 056 Form V000A Page 1

MARICOPA COUNTY
CV 2010-010049 04/04/2012
IT IS ORDERED granting Plaintiffs’ Motion. Plaintiffs shall file their response no later
than April 16, 2012. Defendant shall file its reply within the time permitted by A.R.Cv.P. Once
the matter is fully briefed, the matter will be deemed submitted for decision.
Counsel for Paul Conant requests an evidentiary hearing on Defendant’s Motion for Rule
11 Sanctions. Accordingly,
IT IS ORDERED setting an Evidentiary Hearing on Defendant’s December 2, 2011

Motion for Rule 11 Sanctions on June 19, 2012 at 9:30 a.m. (time allotted: One (1) day (5 ½
hours)) before:
HONORABLE JOHN REA

MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
IT IS FURTHER ORDERED that all parties shall hand-deliver to the Clerk of this
Division all exhibits to be used at the hearing at least three (3) business days prior to the
hearing. All hearing exhibits shall have been exchanged prior to that time. Exhibits shall be
accompanied with a numbered list of each exhibit and shall be separated with a blank sheet of
colored paper. No duplicate exhibits shall be presented for marking. Exhibits are marked in
numerical order per party, making it necessary to mark all of one party’s exhibits before marking
the other party’s. Accordingly, the Defendant’s exhibits numbering shall start at the next number
following the last of Plaintiff’s exhibits. (For example, Plaintiff submits 10 exhibits, which are
marked Exhibit 1 through 10. Defendant submits 10 exhibits, which are marked 11 through 20).
Exhibits must be stapled or bound together prior to delivery to the clerk. Please contact the
Clerk with any questions regarding procedures for marking and submitting exhibits (602) 506-
8806.
IT IS FURTHER ORDERED Counsel shall file, at least three (3) business days prior to
the hearing, a Joint Hearing Statement signed by all counsel/parties.
a) Deposition Summary: Counsel shall provide to the Court copies of any

deposition transcripts to be read in place of live testimony. The offering
party will highlight the portions to be read, the other side will highlight
Rule 106 additions, and any objections for the Court to rule on will be
clearly marked in the margin. The parties are encouraged to agree on
MARICOPA COUNTY
CV 2010-010049 04/04/2012
narrative summaries of deposition testimony, using brief question and

answer excerpts only to emphasize very important testimony or to cover
areas of testimony that cannot be summarized to the satisfaction of all
counsel. No stipulation should be unreasonably refused.
b) Final Trial Witnesses: The Joint Hearing Statement shall include an exhibit
titled: Final Hearing Witness List. This list shall contain the name of each
witness a party actually intends to call at the hearing, the day on which they
intend to call each witness and the estimated time needed for direct, cross and
re-direct examination.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings
for a $20.00 charge. If a CD is requested, please obtain a form from the courtroom clerk or 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. Should an official transcript be required, you may request that the court
prepare it. The party ordering the transcript must pay for it. To request a transcript, call 602-
506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.
With this new technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. If a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
IT IS FURTHER ORDERED Plaintiffs shall respond to Defendant’s Subpoenas no later

than April 10, 2012.
IT IS FURTHER ORDERED Plaintiffs shall respond to Defendant’s Motion for Rule 11

Sanctions no later than April 27, 2012.
IT IS FURTHER ORDERED the parties shall exchange their lists of witnesses and
exhibits no later than April 27, 2012.
Mr. Conant now being represented by counsel,

MARICOPA COUNTY
CV 2010-010049 04/04/2012
IT IS ORDERED Defendant SPS’s December 16, 2011 Motion to Enjoin Paul Conant
from Engaging in Ex Parte Communications with Potential Witnesses in This Matter, and for
Permission to Directly Contact Certain Former Law Firm Employees is now moot.
9:24 a.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.

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Michael K.

Jeanes, Clerk of Court

CLERK OF THE COURT

PETER J WORKUM, et al. JEFFREY M PROPER

SELECT PORTFOLIO SERVICING INC, et al. SEAN K MCELENNEY

East Court Building – Courtroom 414

A record of the proceedings is made by audio/videotape in lieu of a court reporter.

Discussion is held and argument is presented.

Docket Code 056 Form V000A Page 1

IT IS ORDERED setting an Evidentiary Hearing on Defendant’s December 2, 2011

HONORABLE JOHN REA

a) Deposition Summary: Counsel shall provide to the Court copies of any

narrative summaries of deposition testimony, using brief question and

IT IS FURTHER ORDERED Plaintiffs shall respond to Defendant’s Subpoenas no later

IT IS FURTHER ORDERED Plaintiffs shall respond to Defendant’s Motion for Rule 11

Mr. Conant now being represented by counsel,

9:24 a.m. Matter concludes.

Docket Code 056 Form V000A Page 4

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