02/04/2014 — CV2013014446 EQUESTRIAN RANCH COMMUNITY ASSOCIATION, WILL ROGERS 02/04/2014 HONORABLE MICHAEL J. HERROD View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/06/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
02/04/2014
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL J. HERROD
L. Stogsdill
Deputy
STEVEN PIPER, et al.
J ROGER WOOD
v.
WILL ROGERS EQUESTRIAN RANCH
COMMUNITY ASSOCIATION
AUGUSTUS H SHAW IV
RULING
The Court has reviewed Plaintiffs/Counterdefendants’ Motion to Dismiss Counterclaim
for Failure to State a Claim electronically filed January 7, 2014, Response to Motion to Dismiss
electronically filed January 16, 2014 and Plaintiffs/Counterdefendants’ Reply in Support of
Motion to Dismiss Counterclaim for Failure to State a Claim electronically filed January 28,
2014.
No oral argument is necessary.
IT IS ORDERED denying Plaintiffs/Counterdefendants’ Motion to Dismiss
Counterclaim for Failure to State a Claim.
IT IS FURTHER ORDERED that Defendant/Counterclaimant shall file an Amended
Complaint stating its claim more definitely.
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 2013-014446
02/04/2014
Docket Code 019
Form V000A
Page 2
02/20/2015 — CV2013014446 EQUESTRIAN RANCH COMMUNITY ASSOCIATION, WILL ROGERS 02/20/2015 HONORABLE JAMES T. BLOMO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/24/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
02/20/2015
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil
Deputy
STEVEN PIPER, et al.
J ROGER WOOD
v.
WILL ROGERS EQUESTRIAN RANCH
COMMUNITY ASSOCIATION
AUGUSTUS H SHAW IV
MINUTE ENTRY
Courtroom 411 – East Court Building
11:01 a.m. This is the time set for Oral Argument on Plaintiffs’ Motion for Summary
Judgment and Defendant/Crossclaimant’s Motion for Summary Judgement. Plaintiffs are
present and are represented by counsel, J. Roger Wood. Defendants are represented by counsel,
Augustus H. Shaw, IV and Lydia Linsmeier.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Counsel present oral argument to the Court.
IT IS ORDERED taking Defendant’s Motion for Summary Judgment under advisement.
IT IS FURTHER ORDERED denying Plaintiffs’ Motion for Summary Judgment.
11:27 a.m. Matter concludes.
03/02/2015 — CV2013014446 EQUESTRIAN RANCH COMMUNITY ASSOCIATION, WILL ROGERS 03/02/2015 HONORABLE JAMES T. BLOMO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/06/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
03/02/2015
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil
Deputy
STEVEN PIPER, et al.
J ROGER WOOD
v.
WILL ROGERS EQUESTRIAN RANCH
COMMUNITY ASSOCIATION
AUGUSTUS H SHAW IV
UNDER ADVISEMENT RULING
The Court has before it, following oral argument, Defendant’s Verified Motion for
Summary Judgment filed August 6, 2014, Plaintiff’s Response to Defendant’s Verified Motion
for Summary Judgment and Plaintiff’s Cross-Motion for Summary Judgment filed September 14,
2015, Defendant’s Reply in Support of Verified Motion for Summary Judgment and Response to
Cross-Motion for Summary Judgment filed October 20, 2014, and Plaintiff’s Reply in Support of
Verified Cross-Motion for Summary Judgment filed October 29, 2014.
At the conclusion of oral argument on February 20, 2015 the Court denied Plaintiff’s
Cross-Motion for Summary Judgment.
Rule 56(c) of the Arizona Rules of Civil Procedure provides that the Court may grant a
motion for summary judgment only if there “is no genuine issue of material fact….” Any
evidence or reasonable inference contrary to fact which the moving party needs to show his
entitlement to judgment will preclude summary judgment. United Bank of Arizona v. Allyn, 167
Ariz. 191 (Ct.App. 1990). If there are material facts upon which reasonable people could reach
different conclusions, summary judgment is not appropriate. Gold Insurance Company v.
Grishom, 126 Ariz. 123 (1980).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
03/02/2015
Docket Code 926
Form V000A
Page 2
In making a determination on a motion for summary judgment, the court should consider
the evidence and state the facts in the light most favorable to the party opposing the summary
judgment and indulge in all reasonable inferences in support thereof. City of Tucson v.
Sanderson, 104 Ariz. 151 (1969). Moreover, courts have long held that the interests of justice are
best served by a trial on the merits. Comacho v. Gardner, 104 Ariz. 555 (1969).
In this case the Court finds that based on the pleadings, affidavits, statements and
argument of counsel that if a person decides to keep a horse in the community barn they agree to
participate in the barn’s program. While the document may be inartfully drafted, the plain
meaning is clear. If you choose to board a horse you agree to the barn’s programs.
In addition, the Court finds that there are no material facts in dispute as to Counts 1, 2, 3,
and 4.
Accordingly,
IT IS ORDERED granting Defendant’s Verified Motion for Summary Judgment.
04/29/2015 — CV2013014446 EQUESTRIAN RANCH COMMUNITY ASSOCIATION, WILL ROGERS 04/29/2015 HONORABLE JAMES T. BLOMO View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/30/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
04/29/2015
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil
Deputy
STEVEN PIPER, et al.
J ROGER WOOD
v.
WILL ROGERS EQUESTRIAN RANCH
COMMUNITY ASSOCIATION
AUGUSTUS H SHAW IV
MINUTE ENTRY
The Court has read and considered Counterclaimant’s Motion for Summary Judgment
filed March 17, 2015. No response has been filed by the Counterdefendants.
Pursuant to Rule 56(e)(4) and Rule 7.1 of the Rules of Civil Procedure the Court finds
that Counterclaimant’s Motion for Summary Judgment is uncontested, supported by the facts and
appropriate.
Accordingly,
IT IS ORDERED granting Counterclaimant’s Motion for Summary Judgment.
05/11/2015 — CV2013014446 EQUESTRIAN RANCH COMMUNITY ASSOCIATION, WILL ROGERS 05/11/2015 HONORABLE JAMES T. BLOMO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/14/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
05/11/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil
Deputy
STEVEN PIPER, et al.
J ROGER WOOD
v.
WILL ROGERS EQUESTRIAN RANCH
COMMUNITY ASSOCIATION
AUGUSTUS H SHAW IV
MINUTE ENTRY
The Court having read and considered Plaintiffs’ Motion for Reconsideration and
Request to Extend the Summary Judgment Briefing Schedule,
IT IS ORDERED that Defendant shall file a Response to Plaintiffs’ Motion within 10
days of the date of this minute entry.
05/12/2015 — CV2013014446 EQUESTRIAN RANCH COMMUNITY ASSOCIATION, WILL ROGERS 05/12/2015 HONORABLE JAMES T. BLOMO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/13/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
05/12/2015
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil
Deputy
STEVEN PIPER, et al.
J ROGER WOOD
v.
WILL ROGERS EQUESTRIAN RANCH
COMMUNITY ASSOCIATION
AUGUSTUS H SHAW IV
CASE ON DISMISSAL CALENDAR
The Court has received a Notice of Settlement.
IT IS ORDERED setting this matter for dismissal on June 16, 2015. Unless a stipulated
judgment or a stipulation for dismissal, along with a proposed form of order, is submitted to the
court before that date, or the court otherwise extends the deadline for good cause shown, all
remaining claims and parties will be dismissed.
08/11/2014 — CV2013014446 EQUESTRIAN RANCH COMMUNITY ASSOCIATION, WILL ROGERS 08/11/2014 HONORABLE JAMES T. BLOMO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/13/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
08/11/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
S. Uppendahl
Deputy
STEVEN PIPER, et al.
J ROGER WOOD
v.
WILL ROGERS EQUESTRIAN RANCH
COMMUNITY ASSOCIATION
AUGUSTUS H SHAW IV
COMM. MORROW
MINUTE ENTRY
This division has received Application for Entry of Default of Counterclaim against
Plaintiffs/Counterdefendants 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
James Morrow.
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 2013-014446
08/11/2014
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/howDoI.asp
09/22/2014 — CV2013014446 EQUESTRIAN RANCH COMMUNITY ASSOCIATION, WILL ROGERS 09/22/2014 HONORABLE JAMES T. BLOMO View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/26/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
09/22/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil
Deputy
STEVEN PIPER, et al.
J ROGER WOOD
v.
WILL ROGERS EQUESTRIAN RANCH
COMMUNITY ASSOCIATION
AUGUSTUS H SHAW IV
MINUTE ENTRY
The Court having received and considered Defendant’s Motion to Strike Plaintiff’s
Response to Defendant’s Verified Motion for Summary Judgment filed September 15, 2014,
IT IS ORDERED denying Defendant’s Motion to Strike Plaintiff’s Response to
Defendant’s Verified Motion.
11/18/2014 — CV2013014446 EQUESTRIAN RANCH COMMUNITY ASSOCIATION, WILL ROGERS 11/18/2014 HONORABLE JAMES T. BLOMO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/19/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
11/18/2014
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil
Deputy
STEVEN PIPER, et al.
J ROGER WOOD
v.
WILL ROGERS EQUESTRIAN RANCH
COMMUNITY ASSOCIATION
AUGUSTUS H SHAW IV
ORAL ARGUMENT SET
The Court is in receipt of Defendant/Counterclaimant’s Verified Motion for Summary
Judgment filed August 6, 2014, Defendant’s Separate Statement of Facts in Support of Verified
Motion for Summary Judgment filed August 6, 2014, Defendant’s Request for Summary
Disposition on Summary Judgment Motion Pursuant to Rule 7.1 filed September 12, 2014,
Plaintiffs’ Response to Defendant’s Verified Motion for Summary Judgment and Plaintiffs’
Cross-Motion for Summary Judgment filed September 14, 2014, Plaintiffs’ Controverting
Statement of Facts and Separate Statement of Facts in Support of Their Cross-Motion for
Summary Judgment filed September 14, 2014, Plaintiff Janet Piper’s Affidavit in Support of
Plaintiffs’ Cross-Motion for Summary Judgment filed September 15, 2014, Defendant’s Reply in
Support of Verified Motion for Summary Judgment and Response to Cross-Motion for Summary
Judgment filed October 20, 2014, Defendant’s Controverting Statement of Facts in Support of
Reply in Support of Verified Motion for Summary Judgment and Response to Cross-Motion for
Summary Judgment filed October 20, 2014, and Plaintiffs’ Reply in Support of Verified Cross-
Motion for Summary Judgment filed October 29, 2014.
IT IS ORDERED setting Oral Argument on the above on January 30, 2015 at 11:00
a.m. (time allotted: 30 minutes with the time divided equally between the parties), before:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
11/18/2014
Docket Code 094
Form V000A
Page 2
HONORABLE JAMES T. BLOMO
EAST COURT BUILDING
101 WEST JEFFERSON, COURTROOM 411
PHOENIX, AZ 85003-2202
TELEPHONE NUMBER: (602) 372-4537
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the
proceedings for a $30.00 charge. If a CD or videotape 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.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
12/02/2014 — CV2013014446 EQUESTRIAN RANCH COMMUNITY ASSOCIATION, WILL ROGERS 12/02/2014 HONORABLE JAMES T. BLOMO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/08/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
12/02/2014
Docket Code 095
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil
Deputy
STEVEN PIPER, et al.
J ROGER WOOD
v.
WILL ROGERS EQUESTRIAN RANCH
COMMUNITY ASSOCIATION
AUGUSTUS H SHAW IV
MINUTE ENTRY
On the Court’s own Motion,
IT IS ORDERED vacating the Oral Argument currently set for January 30, 2015 and
resetting same to February 20, 2015 at 11:00 a.m. (time allotted: 30 minutes with the time
divided equally between the parties) before,
Honorable James T. Blomo
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 372-4537
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the
proceedings for a $30.00 charge. If a CD or videotape 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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-014446
12/02/2014
Docket Code 095
Form V000A
Page 2
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.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
