02/14/2013 — CV2012016588 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 02/14/2013 HON. SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/15/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
02/14/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. SALLY SCHNEIDER DUNCAN
K. Carter
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
M J L COMPANIES L L C, et al.
LANDON W LOVELAND
COMM. BARTH
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application for Entry of Default against
Defendant(s) Lehman Brothers Bank FSB 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
Michael L. Barth.
IT IS ORDERED that all documents necessary to support the entry of a default judgment
must be e-filed.
Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
default coversheet and copies of the necessary filed documents to the Commissioner’s division
for the entry of a default judgment.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
02/14/2013
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED, no further action will be taken by the assigned
Commissioner until the necessary filed documents and coversheet are delivered to the division.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp
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.
03/06/2014 — CV2012016588 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 03/06/2014 HON. SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/07/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
03/06/2014
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. SALLY SCHNEIDER DUNCAN
C. Keller
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
M J L COMPANIES L L C, et al.
M J L COMPANIES L L C
NO ADDRESS ON RECORD
LEHMAN BROTHERS BANK F S B
NO ADDRESS ON RECORD
MINUTE ENTRY
The Court has received and considered Plaintiff’s Application for Attorneys’ Fees and
Costs, filed on January 28, 2014. No objection having been received,
IT IS ORDERED granting Plaintiff’s Application and awarding attorneys’ fees in the
amount of $8,479.50 and court costs in the amount of $447.00.
IT IS FURTHER ORDERED that Plaintiff shall lodge a form of judgment by
March 21, 2014.
Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.
05/06/2013 — CV2012016588 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 05/06/2013 HON. SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/07/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
05/06/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. SALLY SCHNEIDER DUNCAN
L. Bee/C. Castro
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
M J L COMPANIES L L C, et al.
M J L COMPANIES L L C
NO ADDRESS ON RECORD
LANDON W LOVELAND
COMM. BARTH
MINUTE ENTRY
This division has received the Plaintiff’s e-filed Application for Entry of Default against
Defendant(s) MJL Companies 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
Barth.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
Pursuant to Supreme Court Administration Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a default
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
05/06/2013
Docket Code 023
Form V000A
Page 2
coversheet and copies of the necessary filed documents to the commissioner’s division for the
entry of a default judgment.
IT IS FURTHER ORDERED, no further action will be taken by the assigned
commissioner until the necessary filed documents and coversheet are delivered to the division.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/Civil Department.forms.asp.
The parties/counsel can find additional information in the form of frequently asked
questions at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/hoDoI.asp.
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.
09/11/2013 — CV2012016588 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 09/11/2013 HON. SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/12/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
09/11/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. SALLY SCHNEIDER DUNCAN
C. Castro
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
M J L COMPANIES L L C, et al.
M J L COMPANIES L L C
NO ADDRESS ON RECORD
LEHMAN BROTHERS BANK F S B
NO ADDRESS ON RECORD
LANDON W LOVELAND
ORAL ARGUMENT SET
The Court is in receipt of Plaintiff’s Motion for Summary Judgment Against Town of
Buckeye, filed on July 9, 2013, and Defendant Town of Buckeye’s Response and Cross Motion
for Summary Judgment, filed on August 26, 2013.
IT IS ORDERED setting these matters for oral argument on October 23, 2013, at 10:00
a.m. in this division. Time allotted: 15 minutes. Counsel/parties shall appear in person.
HON. SALLY SCHNEIDER DUNCAN
Maricopa County Superior Court
Central Court Building
201 W. Jefferson, Courtroom 702
Phoenix, AZ 85003
Telephone number: 602-506-9042
IT IS FURTHER ORDERED that all pleadings shall be filed a minimum of five (5)
business days prior to oral argument. The Court will not consider a late filed pleading without
prior approval and may reschedule the oral argument at the Court’s convenience.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
09/11/2013
Docket Code 094
Form V000A
Page 2
Notice Regarding Substantive Motions: The Court will not accept omnibus motions,
responses and replies. All motions, responses and replies shall be filed on individual claims and
counts separately. Counsel shall not combine any motion with a responsive pleading. If omnibus
motions are filed, the Court reserves the right to reject the motions. No motion shall exceed the
page limitation without prior Court approval.
The parties are encouraged to view Judge Duncan’s online profile located at the Superior
Court’s website wwww.superiorcourt.maricopa.gov for additional information on appearing
before Judge Duncan.
NOTE: This Court utilizes FTR for an electronic record of the proceedings. However,
any party may request the presence of a court reporter by contacting the division three (3) court
business days before the scheduled hearing.
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.
10/22/2013 — CV2012016588 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 10/22/2013 HON. SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/23/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
10/22/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. SALLY SCHNEIDER DUNCAN
C. Castro
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
M J L COMPANIES L L C, et al.
M J L COMPANIES L L C
NO ADDRESS ON RECORD
LEHMAN BROTHERS BANK F S B
NO ADDRESS ON RECORD
LANDON W LOVELAND
ORDER TO FILE JOINT PROPOSED SCHEDULING ORDER
The Court is in receipt of Plaintiff’s Motion to Set and Certificate of Readiness, filed on
October 10, 2013. Accordingly,
IT IS ORDERED as follows:
Counsel and/or the parties shall meet in person to discuss all of the matters set forth in
Ariz. R. Civ. P. Rule 16(b). Counsel and/or the parties shall prepare and file with the Court, no
later than 5:00 p.m. on November 21, 2013, a Joint Proposed Scheduling Order, for discovery,
motion and disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form attached
hereto, containing the provisions which are applicable to their case.
The Joint Proposed Scheduling Order shall include specific dates (“June 5, 2012”, rather
than “45 days prior to trial”). Please do not incorporate a firm trial date in the proposed Order.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
10/22/2013
Docket Code 023
Form V000A
Page 2
This Court will set a firm trial date only after discovery has been completed and the parties have
in good faith participated in a mediation or settlement conference.
If counsel and/or the parties are unable to agree on any of the items that are to be included
in the Order, the reasons for their inability to agree shall be set forth in their proposed Order.
Once the initial Joint Pretrial Scheduling Memorandum is submitted, the Court will review
the Proposed Scheduling Order and schedule a telephonic pretrial status/scheduling conference
(via separate minute entry). At the telephonic pretrial status/scheduling conference, if the
parties have completed discovery and are ready for trial, the Court will set a firm date for
the Final Trial Management Conference and trial. If the parties are not ready for trial, the
matter may be placed on the Court’s calendar for dismissal.
If, at any time, the parties believe a telephonic or in-person pretrial conference is
necessary or warranted, they should address the reasons in the Joint Proposed Scheduling Order.
Notice Regarding Substantive Motions: The Court will not accept omnibus motions,
responses and replies. All motions, responses and replies shall be filed on individual claims and
counts separately. Counsel shall not combine any motion with a responsive pleading. If omnibus
motions are filed, the Court reserves the right to reject the motions. No motion shall exceed the
page limitation without prior Court approval.
If a Joint Proposed Scheduling Order is not timely submitted as ordered, the Court will
place the matter on the Court’s calendar for dismissal.
IT IS ORDERED if a Notice of Settlement is filed the Court will dismiss the case with
prejudice within thirty (30) days from the receipt of the Notice of Settlement.
IT IS FURTHER ORDERED if there is a pending status conference scheduled with the
Court, and the parties have settled the case, the parties must file a Motion to Vacate Telephonic
Pretrial Status/Scheduling Conference within three (3) business days prior to the Court
appearance or, in the alternative, shall be prepared to place a Rule 80(d) Agreement on the record.
COUNSEL SHALL E-FILE THE JOINT PROPOSED SCHEDULING ORDER IN
MICROSOFT WORD FORMAT TO ALLOW FOR POSSIBLE MODIFICATION BY
THE COURT.
The parties are encouraged to view Judge Duncan’s online profile located at the Superior
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
10/22/2013
Docket Code 023
Form V000A
Page 3
Court’s website wwww.superiorcourt.maricopa.gov for additional information on appearing
before Judge Duncan.
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
10/22/2013
Docket Code 023
Form V000A
Page 4
PROPOSED SCHEDULING ORDER
Ariz. R. Civ. P. Rule 16(b)
The Court having received the parties Joint Pretrial Scheduling Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
The parties shall mutually and simultaneously disclose areas of expert testimony by 5:00
1.
p.m. on __________. [OR]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on __________.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on __________.
The parties shall mutually and simultaneously disclose the identity and opinions of their
2.
expert witnesses by 5:00 p.m. __________. [OR]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by 5:00
p.m. on __________.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on __________.
Any and all discovery requests shall be served by 5:00 p.m. on __________.
3.
The parties shall disclose all non-expert testimony by 5:00 p.m. on __________. [OR]
4.
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on
__________.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
__________.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
10/22/2013
Docket Code 023
Form V000A
Page 5
The parties shall mutually and simultaneously disclose their rebuttal expert witnesses and
5.
opinions by 5:00 p.m. on __________.
All discovery shall be completed by 5:00 p.m. on __________.
6.
The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
7.
Statements by 5:00 p.m. on __________. This Order does not replace the parties’
obligation to seasonably disclose on an on-going basis under Rule 26.1 as information
becomes available.
The parties shall file dispositive motions no later than 5:00 p.m. on __________.
8.
Settlement conference (choose one):
9.
The parties shall participate in private mediation by (120 days out).
[OR]
IT IS ORDERED the parties shall participate in a Settlement Conference. This case is
referred to the Court's Office of Alternative Dispute Resolution for the appointment of a Judge
Pro Tempore to conduct a Settlement Conference. Counsel and/or the parties will receive a
minute entry from ADR appointing the Judge Pro Tempore. Counsel and any "pro per" parties
will contact the appointed Judge Pro Tempore to arrange the date, time and location for the
Settlement Conference. The Judge Pro Tempore is requested to conduct a Settlement
Conference no later than (120 days out). The Office of Alternative Dispute Resolution will not
do the scheduling of the Settlement Conference so please do not contact that office.
If counsel prefer to use a private mediator to conduct the Settlement Conference, a
Stipulation and Order re: Alternative to ADR must be presented to the Court no later than
5:00 p.m. on (90 days out).
All counsel and their clients, non-lawyer representatives and insurance adjusters
who have full and complete authority to settle the case, shall personally appear at the
settlement conference and participate in good faith even if no settlement is expected.
Sanctions may be imposed for failure to participate.
No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at trial other
10.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
10/22/2013
Docket Code 023
Form V000A
Page 6
than those disclosed in a timely manner, except for good cause shown or written
agreement of the parties.
Should any discovery disputes arise, counsel, prior to filing discovery motions, shall meet
11.
and confer pursuant to Rule 37, Ariz. R. Civ. P.
The dates set forth in this Order are FIRM dates and will not be extended or modified
12.
absent good cause. Lack of preparation will not ordinarily be considered good cause.
This case is removed from the Inactive Calendar and all requirements of Rule 38.1, Ariz.
13.
R. Civ. P., are waived unless and until otherwise ordered by the Court.
A Telephonic Pretrial Status/Scheduling Conference is set for __________, at _____
14.
a.m./p.m. for the purpose of setting a trial date if the case has not settled. Time allotted:
15 minutes. Counsel shall have their trial calendars available. Counsel for Plaintiff shall
initiate the conference call by first arranging the presence of all other counsel on the
conference call and by calling this division at: (602)506-9042 promptly at the scheduled
time. The call should be placed from a land-line telephone in an area with no background
noise as this will prevent the parties from hearing the proceedings in the courtroom. The
call may not be placed from a vehicle. Please do not call from a cellular telephone.
NOTE: This Court utilizes FTR for an electronic record of the proceedings. However,
any party may request the presence of a court reporter by contacting the division three (3) court
business days before the scheduled hearing.
Dated: __________
HON. SALLY SCHNEIDER DUNCAN
JUDICIAL OFFICER OF THE SUPERIOR COURT
10/23/2013 — CV2012016588 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 10/23/2013 HON. SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/25/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
10/23/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. SALLY SCHNEIDER DUNCAN
M. Nielsen
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
M J L COMPANIES L L C, et al.
M J L COMPANIES L L C
NO ADDRESS ON RECORD
LEHMAN BROTHERS BANK F S B
NO ADDRESS ON RECORD
LANDON W LOVELAND
MINUTE ENTRY
Courtroom 702 – Central Court Building
9:51 a.m. This is the time set for Oral Argument on Plaintiff’s Motion for Summary
Judgment Against Town of Buckeye, filed on July 9, 2013; and Defendant Town of Buckeye’s
Response and Cross Motion for Summary Judgment, filed on August 26, 2013. Plaintiff is
represented by counsel, Jason Miller. Defendant Town of Buckeye is represented by counsel,
Landon W. Loveland.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Oral argument is presented.
IT IS ORDERED denying Plaintiff’s Motion for Summary Judgment against Town of
Buckeye, filed on July 9, 2013.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
10/23/2013
Docket Code 019
Form V000A
Page 2
IT IS FURTHER ORDERED granting Defendant Town of Buckeye’s Cross Motion for
Summary Judgment, filed on August 26, 2013.
IT IS FURTHER ORDERED deny attorney fees.
The Court’s position is transaction privilege tax is real estate debt and governmental
charge and not a personal debt. The Town of Buckeye has a lien priority.
IT IS FURTHER ORDERED counsel shall submit a form of order consistent with the
Court’s ruling by the end of the day.
10:06 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.
12/10/2013 — CV2012016588 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 12/10/2013 HON. SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/11/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
12/10/2013
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HON. SALLY SCHNEIDER DUNCAN
C. Castro
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
M J L COMPANIES L L C, et al.
M J L COMPANIES L L C
NO ADDRESS ON RECORD
LEHMAN BROTHERS BANK F S B
NO ADDRESS ON RECORD
LANDON W LOVELAND
JUDGMENT SIGNED
The Court is in receipt of Defendant Town of Buckeye’s Notice of Lodging Proposed
Judgment, filed on October 29, 2013. Accordingly,
IT IS ORDERED entering judgment in this matter, all in accordance with the formal
written Judgment signed by the Court on December 5, 2013, and filed (entered) by the Clerk on
December 10, 2013.
Please note: The Court has signed a hard-copy version of the judgment provided with an
electronically filed pleading. Therefore, a copy for certification of the signed judgment was
placed in the division’s outbox for pickup. After the judgment has been scanned and docketed
by the Clerk of Court, additional copies of the judgment may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-016588
12/10/2013
Docket Code 049
Form V000A
Page 2
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.
