2 CA-CV 2012-0063 COHEN v. LOVITT & TOUCHE, INC.

Consolidated Number/s:
2 CA-CV 2012-0157 COHEN v. GREENWICH INSURANCE COMPANY

Department: B
County: Pima
Cause Numbers: C20092552

Ted B. Borek

Submitted: 07/20/2013 At Issue Date: 07/19/2013 At Issue Number: 2012-02519

Party/Attorney Information
Party Information Attorney Information
CR OPERATING, L.L.C., an Arizona limited liability company
JERROLD COHEN, a married man
MELVIN ZUCKERMAN, a married man
Plaintiffs/Counterdefendants/Appellants


Richard A. Brown
GABROY, ROLLMAN & BOSSE, P.C.
Retained

Richard M. Rollman
GABROY, ROLLMAN & BOSSE, P.C.
Retained

John Gabroy
GABROY, ROLLMAN & BOSSE, P.C.
Retained


LOVITT & TOUCHE, INC., an Arizona corporation
Defendant/Counterclaimant/Appellee

Jasmina Richter
SANDERS & PARKS, P.C.
Retained

Shanks Leonhardt
SANDERS & PARKS, P.C.
Retained

Garrick Gallagher
SANDERS & PARKS, P.C.
Retained

Filings, Dues and Continuances
Document Type Due Date Document Title Filing Date Attorney/Firm Type
Notice of Appeal    Notice of Appeal filed 3/27/2012  04/24/2012  Rollman, Richard M.   Filing
Motion    Joint Moiton to Remand to Trial Court  08/16/2012  Rollman, Richard M.   Filing
Motion    Joint Motion to Remand to Trial Court  08/29/2012  Richter, Jasmina   Filing
Record    NOTIFICATION OF ELECTRONIC RECORD  07/27/2012    Filing
Record    EXHIBITS - 1 Env. and trans. letter  08/30/2012    Filing
Supplemental Certificate    SUPP. CERT. - 1 Vol. (Order Granting Joint Motion to Enter Second Amended Judgment and Second Amended Judgment) and trans. letter  08/30/2012    Filing
Supplemental Certificate    SUPP. CERT. - 1 Vol. (Status Conference Minute Entry and Order Vacating Order Dated 8/23/2012...) and trans. letter  09/28/2012    Filing
Stipulation     Stipulation to Dismiss  10/03/2012  Rollman, Richard M.   Filing
Motion to Consolidate Appeals    Motion to Consolidate Appeals (Motion for Procedural Order)  10/19/2012  Rollman, Richard M.   Filing
Stipulation     Joint Stipulation/Motion to Extend Time for Filing of Opening Brief  11/19/2012  Rollman, Richard M.   Filing
Opening Brief    Appellants Opening Brief  01/14/2013  Rollman, Richard M.   Filing
Stipulation     Joint Stipulation/Motion to Extend Time for Filing of Answering Brief  02/21/2013  Richter, Jasmina   Filing
Answering Brief    Appellees Answering Brief  04/01/2013  Richter, Jasmina   Filing
Stipulation     Joint Stipulation/Motion to Extend Time for Filing of Reply Brief  04/25/2013  Rollman, Richard M.   Filing
Request for Oral Argument    Request for Oral Argument  04/29/2013  Rollman, Richard M.   Filing
Reply/Cross-Answering Brief    Appellants Reply Brief  04/29/2013  Rollman, Richard M.   Filing
Notice of Supplemental Authority    Supplemental Citation of Authority  07/03/2013  Rollman, Richard M.   Filing
Motion    Motion to Expand the Record by Appellee Lovitt & Touche, Inc.  07/15/2013  Richter, Jasmina   Filing
Record    SEALED DOCUMENTS/EXHIBITS - 1 Box (contains 12 envelopes) and trans. letter  07/19/2013    Filing
Opening Brief  01/14/2013  Opening Brief    Rollman, Richard M.   Due
Answering Brief  04/01/2013  Answering Brief    Richter, Jasmina   Due
Answering Brief  02/28/2013  Answering Brief    Judge, Thomas   Due
Answering Brief  03/25/2013  Answering Brief    Judge, Thomas   Due
Reply Brief  04/29/2013  Reply Brief    Rollman, Richard M.   Due
Supplemental Certificate  07/25/2013  Supplemental Certificate      Due
Petition for Review to Supreme Court  10/07/2013  Petition for Review to Supreme Court      Due
Motion for Reconsideration  09/23/2013  Motion for Reconsideration      Due
Calendar and Decision Information
OA Request Due OA Request By OA Request Result OA Filed OA Date OA Time OA Type Decision Type Decision Date Result Type
05/13/2013  Rollman, Richard M.    04/29/2013  07/10/2013  2:00   Opinion  09/06/2013  Reversed and Remanded  
Mandate
Mandate Date Mandate Vacated Date
11/19/2013   
MR/PR Outcome
MR Outcome MR Outcome Date PR Outcome PR Outcome Date
       
Ticklers
Tickler Date Due Date Description
No ticklers available for this case.
Proceedings
Type Date Proceeding
Receipts  05/02/2012  Appellant/JERROLD COHEN; $280.00; Receipt Number: 6785; Check Rec'd from: GABROY, ROLLMAN & BOSSE (RICHARD M. ROLLMAN) for JERROLD COHEN 
Receipts  05/29/2012  Appellee / GREENWICH INSURANCE COMPANY $140.00; Receipt Number: 6808; Check Rec'd from: Thomas J. Judge (THOMPSON, LOSS & JUDGE, LLP) for GREENWICH INSURANCE COMPANY 
Receipts  05/29/2012  Appellee / THE HARTFORD (for Twin City Fire Ins. Co.) $140.00; Receipt Number: 6809; Check Rec'd from: LEWIS BRISBOIS BISGAARD & SMITH for THE HARTFORD (for Twin City Fire Ins. Co.) 
Receipts  05/30/2012  Appellee / LOVITT & TOUCHE, INC $140.00; Receipt Number: 6810; Check Rec'd from: Garrick L. Gallagher (SANDERS & PARKS) for LOVITT & TOUCHE, INC 
Record  07/27/2012  Filed: NOTIFICATION OF ELECTRONIC RECORD. (Filed by Pima County Superior Court) 
Record  08/06/2012  Filed: EXHIBITS - 1 Env. and trans. letter. (Filed by Pima County Superior Court) 
Record  08/30/2012  Filed: SUPP. CERT. - 1 Vol. (Order Granting Joint Motion to Enter Second Amended Judgment and Second Amended Judgment) and trans. letter. (Filed by Pima County Superior Court) 
Record  09/28/2012  Filed: SUPP. CERT. - 1 Vol. (Status Conference Minute Entry and Order Vacating Order Dated 8/23/2012...) and trans. letter. (Filed by Pima County Superior Court) 
Record  07/19/2013  Filed: SEALED DOCUMENTS/EXHIBITS - 1 Box (contains 12 envelopes) and trans. letter. (Filed by Pima County Superior Court) 
Briefs  01/14/2013  Filed: Appellants Opening Brief. (Filed by Richard M. Rollman) (e-filer) 
Briefs  04/01/2013  Filed: Appellees Answering Brief. (Filed by Jasmina Richter) (e-filer) 
Briefs  04/29/2013  Filed: Appellants Reply Brief. (Filed by Richard M. Rollman) (e-filer) 
Briefs  07/03/2013  Filed: Supplemental Citation of Authority. (Filed by Richard M. Rollman) (e-filer) 
All Other  04/24/2012  Filed: Notice of Appeal filed 3/27/2012. (Filed by Richard M. Rollman) 
All Other  08/16/2012  Pursuant to Joint Motion to Remand to Trial Court, ORDERED: The parties’ (Jerrold Cohen, Melvin Zuckerman and CR Operating, L.L.C., Greenwich Insurance Company, and Twin City Fire Insurance Company) Joint Motion to Remand to Trial Court is GRANTED. ORDERED: This appeal is suspended and jurisdiction is revested in the superior court to and including September 04, 2012, to permit the parties to obtain a ruling from the superior court pursuant to the Joint Motion to Remand to Trial Court. FURTHER ORDERED: If such an order is filed, the Clerk of the Pima County Superior Court shall forward it on or before September 04, 2012 as a supplement to the record on appeal.  
All Other  08/16/2012  Filed: Joint Motion to Remand to Trial Court. (Filed by Richard M. Rollman) (e-filer) 
All Other  08/29/2012  Filed: Joint Motion to Remand to Trial Court. (Filed by Jasmina Richter) (e-filer) 
All Other  09/10/2012  Pursuant to Joint Motion to Remand to Trial Court, filed August 29, 2012, ORDERED: The parties' (Lovitt & Touche, Inc., Jerrold Cohen, Melvin Zuckerman, CR Operating, L.L.C., Greenwich Insurance Company, and Twin City Fire Insurance Company) Joint Motion to Remand to Trial Court is GRANTED. FURTHER ORDERED: This appeal is suspended and jurisdiction is revested in the superior court to and including October 01, 2012, to permit the parties to obtain a ruling from the superior court pursuant to the Joint Motion to Remand to Trial Court. FURTHER ORDERED: If such an order is filed, the Clerk of the Pima County Superior Court shall forward it on or before October 01, 2012 as a supplement to the record on appeal.  
All Other  10/03/2012  Filed: Stipulation to Dismiss. (Filed by Richard M.Rollman) 
All Other  10/03/2012  Pursuant to the Stipulation to Dismiss, ORDERED: The stay of this appeal entered April 24, 2012, is vacated. FURTHER ORDERED: The above-entitled appeal, having settled pursuant to the Arizona Appellate Settlement Conference Program, is DISMISSED as to appellees Greenwich Insurance Company and Twin City Fire Insurance Company/The Hartford only. Pursuant to this Court’s order dated June 18, 2012, this appeal continues as to appellee Lovitt & Touché, Inc. Judges Espinosa and Kelly concurring.  
All Other  10/17/2012  The Record on Appeal in the above-entitled cause was received in the Court of Appeals, Division Two, from the Clerk of the Superior Court of Pima County, FURTHER ORDERED: Appellant(s)' Opening Brief, pursuant to Rule 15(a), Rules of Civil Appellate Procedure, 17B A.R.S., shall be filed within forty days of this Order. FURTHER ORDERED: BRIEFS NOT IN COMPLIANCE WITH ARIZ. R. CIV. APP. P. 14, 17B A.R.S., WILL BE STRICKEN. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west-westbriefsnotification@thomson.com  
All Other  10/19/2012  Filed: Motion to Consolidate Appeals (Motion for Procedural Order). (Filed by Richard M. Rollman) (e-filer) 
All Other  10/23/2012  Pursuant to Motion to Consolidate Appeals (Motion for Procedural Order), and there being no opposition, ORDERED: Motion to Consolidate Appeals (Motion for Procedural Order) is GRANTED. FURTHER ORDERED: The above-entitled appeal, 2 CA-CV 2012-0063 will be consolidated with the forthcoming appeal filed September 19, 2012 from the third amended judgment.  
All Other  11/19/2012  Filed: Joint Stipulation/Motion to Extend Time for Filing of Opening Brief. (Filed by Richard M. Rollman) (e-filer) 
All Other  11/26/2012  Pursuant to Joint Stipulation/Motion to Extend Time for Filing of Opening Brief, and good cause having been shown, ORDERED: The time for filing Appellant’s Opening Brief is extended to and including December 26, 2012. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  12/03/2012  Trans letter 
All Other  12/05/2012  Pursuant to Motion to Consolidate Appeals, ORDERED: Appeal Nos. 2 CA-CV 2012-0063 and 2 CA-CV 2012-0157 are hereby consolidated for all purposes on appeal. All further pleadings filed with this court shall reflect all cause numbers as follows: 2 CA-CV 2012-0063 2 CA-CV 2012-0157 Cons. FURTHER ORDERED: Time for filing Appellant's Opening Brief for the consolidated appeal is extended to and including January 14, 2013. FURTHER ORDERED: Appellee(s)' fee (as to 2 CA-CV 2012-0157) in the Court of Appeals, Division Two, is $140.00, ($280.00 if Appellee has filed a cross-appeal), pursuant to A.R.S. 12-321. Fees must be paid in cash or check made payable to the Court of Appeals. NO FILINGS BY APPELLEE WILL BE ACCEPTED UNTIL THE APPELLEE(S)' FEE IS PAID. ***** Counsel should be aware that briefs filed with the court are automatically sent to Thomson-West Publishing for inclusion in its brief bank service. If counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  02/21/2013  Filed: Joint Stipulation/Motion to Extend Time for Filing of Answering Brief. (Filed by Jasmina Richter) (e-filer) 
All Other  02/22/2013  Pursuant to Joint Stipulation/Motion to Extend Time for Filing of Opening Brief, and good cause having been shown, ORDERED: The time for filing Appellee’s Answering Brief, as to Lovitt & Touche, Inc., is extended to and including April 01, 2013. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  03/13/2013  The Answering Brief not being timely filed in accordance with requirements of Ariz. R. Civ. App. P. 15(a), 17B A.R.S., ORDERED: Appellee, as to Greenwich Insurance Company, is granted an extension of time to and including March 25, 2013, to file an Answering Brief. Should a debatable issue be determined by the Court to be present, failure by Appellee to file an Answering Brief may be considered as confession of error. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  04/25/2013  Filed: Joint Stipulation/Motion to Extend Time for Filing of Reply Brief. (Filed by Richard M. Rollman) (e-filer) 
All Other  04/29/2013  Filed: Request for Oral Argument. (Filed by Richard M. Rollman) (e-filer) 
All Other  04/29/2013  Pursuant to Joint Stipulation/Motion to Extend Time for Filing of Opening Brief, and good cause having been shown, ORDERED: The time for filing Appellant’s Reply Brief is extended to and including April 29, 2013, date said brief was filed. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  05/03/2013  This appeal is at issue. ORDERED: Oral argument shall be conducted before Division Two of the Court of Appeals in its third-floor Courtroom in the State Office Complex, 400 West Congress Street, North Building, Tucson, Arizona, on July 10, 2013 at 2:00 p.m. Each side may have twenty-five minutes to be heard. ***** FURTHER ORDERED: Counsel may stipulate to a telephonic oral argument and shall file with the Court any such stipulation and notify the Clerk of the Court in writing within ten days from the date of this order. The Court will reset the matter for telephonic oral argument. ORAL ARGUMENTS ARE NOW DIGITALLY RECORDED AND WILL BE AVAILABLE ONLINE THE DAY AFTER ARGUMENT ON THE WEBSITE http://www.appeals2.az.gov  
All Other  05/07/2013  Copy of hearing order signed by Richard M. Rollman 
All Other  05/09/2013  Copy of hearing order signed by Jasmina Richter 
All Other  07/10/2013  SIGN-IN SHEET 
All Other  07/11/2013  On the court's own motion, ORDERED: The Pima County Superior Court Clerk shall forward to this court on or before July 25, 2013, under Supplemental Certificate: ALL SEALED DOCUMENTS/EXHIBITS  
All Other  07/15/2013  Filed: Motion to Expand the Record by Appellee Lovitt & Touche, Inc.. (Filed by Jasmina Richter) (e-filer) 
All Other  07/16/2013  Pursuant to Motion to Expand the Record by Appellee Lovitt & Touche, Inc., and the court having ordered the trial court to transmit all the sealed documents and exhibits by order dated July 11, 2013, ORDERED: Motion to Expand the Record by Appellee Lovitt & Touche, Inc. is denied as moot.  
All Other  07/19/2013  SUBMITTED 
All Other  09/06/2013  OPINION - REVERSED AND REMANDED - Eckerstrom with Espinosa and Miller. (10) 
All Other  11/19/2013  MANDATE ISSUED; return receipt requested. 
All Other  11/19/2013  Notice to Mead