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Maricopa County Superior Court Case CV2021-001504

Case Header

Maricopa County Superior Court Case CV2021-001504: public docket details, parties, minute entries, documents, and official source links for Camelback Village Improvement Association Inc.

Case Number
CV2021-001504
County
Maricopa
Caption
Not captured
Filed
1/27/2021
Case Type
Civil
Judge
Moskowitz, Frank
Location
Downtown
Official Court Record
Official Court Record

Parties

Party Relationship Attorney
Camelback Village Improvement Association Inc Plaintiff Jonathan Ebertshauser
Stephanie Hoffman Defendant Mark DePasquale

Minute Entries

01/10/2022 — CV2021001504 HOFFMAN, STEPHANIE 01/10/2022 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

01/11/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

01/10/2022

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz

Deputy

CAMELBACK VILLAGE IMPROVEMENT
ASSOCIATION INC
JONATHAN D EBERTSHAUSER

v.

STEPHANIE HOFFMAN
MARK J DEPASQUALE

JUDGE J. SMITH

MINUTE ENTRY

East Court Building – Courtroom 814

9:24 a.m. This is the time set for a telephonic Status Conference. Plaintiff, Camelback
Village Improvement Association Inc., is represented by counsel, Jonathan D. Ebertshauser.
Defendant, Stephanie Hoffman, is represented by counsel, Mark J. Depasquale.

A record of the proceedings is made digitally in lieu of a court reporter.

Mr. Ebertshauser informs the Court that Defendant submitted all requested applications
and are now before the board for review. Mr. Ebertshauser states concerns with the balcony
modifications and delays in this matter, if there are still concerns as to damages or applications,
Plaintiff may submit a request for an evidentiary hearing.

Mr. Depasquale objects to setting an evidentiary hearing prior to the repairs being made
and requests that the Court set another status conference. Discussion is held thereon.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

01/10/2022

Docket Code 029
Form V000A
Page 2

The Court encourages counsel to continue to work together. The Court will not set another
status conference at this time. If a party is not meeting their obligations under the settlement
agreement or a dispute arises, counsel shall notify this division.

The Court notes that the parties structured their settlement agreement so that any disputes
about complying with said agreement come before this judicial officer. The Court informs the
parties that this judicial officer will not be able to intervene past the middle of June 2022.

9:34 a.m. Matter concludes.

05/06/2021 — CV2021001504 HOFFMAN, STEPHANIE 05/06/2021 HONORABLE CHRISTOPHER COURY View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

05/10/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

05/06/2021

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Stogsdill

Deputy

CAMELBACK VILLAGE IMPROVEMENT
ASSOCIATION INC
NICOLE PAYNE

v.

STEPHANIE HOFFMAN
MARK J DEPASQUALE

MINUTE ENTRY

Courtroom 914 - ECB

9:06 a.m. This is the time set for a Return Hearing re: Plaintiff’s Order to Show Cause
and request for an injunction. Plaintiff is represented by counsel, Jonathan D. Ebertshauser
(appearing in place of Nicole Payne.) Defendant is represented by counsel, Mark J. Depasquale.
The parties appear via the Court Connect platform.

A record of the proceedings is made digitally in lieu of a court reporter.

The Court discloses he worked in the late 1990’s with defense counsel.

Plaintiff’s counsel shall advise the Court by May 14, 2021 if they want the Court to
recuse based on this disclosure.

Discussion is held regarding Plaintiff’s request for a Preliminary Injunction.

The Court suggests the possibility of a Settlement Conference to attempt to resolve this
matter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

05/06/2021

Docket Code 005
Form V000A
Page 2

Counsel requests time to discuss the Court’s suggestion with their clients and if this Court
will conduct the Settlement Conference, or have another division do so, by May 17, 2021.

Further discussion is held regarding how to proceed and streamline this matter.

Good cause appearing,

IT IS ORDERED setting this matter for a Telephonic Scheduling Conference on July
15, 2021 at 9:15 a.m. (time allotted: 15 minutes.) The Telephonic Scheduling Conference is set
before:

Honorable Christopher A. Coury

East Court Building, Courtroom 914

101 West Jefferson Street
Phoenix, AZ 85003
(602) 372-3876

2IT IS FURTHER ORDERED that this hearing will be held through the Court Connect
platform. In the week prior to this hearing, counsel and self-represented parties will be emailed
information about how to access and participate in the hearing on the Court Connect platform.

IT IS FURTHER ORDERED directing all counsel and self-represented parties to review
the docket in this matter and to ensure that they have current, accurate email addresses on file with
the Court in this case.

IT IS FURTHER ORDERED directing all counsel and self-directed parties to contact
this division three business days before the hearing if an email containing contact information for
the Court Connect hearing has not been received. The contact information for this division is
[email protected].

LET THE RECORD REFLECT that information about the Court Connect platform can
be found at https://jbazmc.sharepoint.com/sites/CourtConnect. All counsel and self-represented
parties are encouraged to acquaint themselves with this platform in advance of the next court
hearing.

NOTE: All court proceedings are recorded digitally and not by a court reporter. Pursuant
to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a court
reporter is not mandated by Arizona Supreme Court Rule 30, the party must submit a
written request to the assigned judicial officer at least ten (10) judicial days in advance of

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

05/06/2021

Docket Code 005
Form V000A
Page 3

the hearing, and must pay the authorized fee to the Clerk of the Court at least two (2)
judicial days before the proceeding. The fee is $140 for a half-day and $280 for a full day.
Failure to timely request and/or pay the fee for a court reporter will be deemed consent to
proceed without a court reporter.

PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected].

NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.

9:24 Matter concludes.

IMPORTANT NOTICE REGARDING ONLINE PROFILE

Judge Coury maintains an online profile that answers many questions about courtroom
and division procedures. Litigants and their attorneys should familiarize themselves with the
online profile. You can find the online profile at the following link:

http://www.superiorcourt.maricopa.gov/JudicialBiographies/judges/profile.asp?jdgID=27
2&jdgUSID=9683.

The Arizona Constitution requires the Arizona Commission on Judicial
Performance Review to conduct performance evaluations of superior court judges.
The Commission is asking for your help to evaluate Maricopa County Superior
Court judges currently undergoing performance review. After your hearing, if the
judge you are in front of is undergoing review, a survey will be emailed to you
and you can take the survey online. The survey is conducted by the Docking
Institute of Public Affairs at Fort Hays State University and is anonymous and
confidential. Your participation in the review process is important! More
information on Judicial Performance Review can be found at www.azjudges.info.

La Constitución de Arizona exige que la Comisión de la Evaluación del
Desempeño Judicial realice evaluaciones de desempeño de los jueces de los
tribunales superiores. La comisión pide su ayuda para evaluar a los jueces del
Tribunal Superior del Condado de Maricopa a quienes actualmente se les está
evaluando su desempeño. Después de su audiencia, si el juez ante el cual
comparece está sometido a una evaluación se le enviará por correo electrónico

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

05/06/2021

Docket Code 005
Form V000A
Page 4

una encuesta que usted podrá tomar por Internet. La encuesta es realizada por el
Docking Institute of Public Affairs de la Fort Hays State University y se mantiene
anónima y confidencial. ¡Su participación en el proceso de la evaluación es
importante! Para obtener más información sobre la evaluación del desempeño
judicial, diríjase a www.azjudges.info.

05/27/2021 — CV2021001504 HOFFMAN, STEPHANIE 05/27/2021 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

05/28/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

05/27/2021

Docket Code 028
Form J000
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
M. Brickman

Deputy

CAMELBACK VILLAGE IMPROVEMENT
ASSOCIATION INC
JONATHAN D EBERTSHAUSER

v.

STEPHANIE HOFFMAN
MARK J DEPASQUALE

JUDGE J. SMITH

MINUTE ENTRY

Upon agreement of the parties,

IT IS ORDERED setting a Settlement Conference before Judge James D Smith on June
9, 2021 at 1:30 p.m. (3 hours allotted).

IT IS FURTHER ORDERED individual settlement memoranda will be due June 2, 2021
by 4:00 p.m. Please email or hand-deliver your memorandum to this division by that deadline. If
you attach 50 pages or greater to your memorandum, sequentially paginate the exhibits and cite to
those pages in the memorandum.

This hearing will be conducted through the new Court Connect program offered by the
Superior Court of Arizona in Maricopa County. This new and innovative program allows Court
participants to appear in an online, rather than a physical, courtroom. Hearings are preferably
conducted by videoconference but can also be conducted by phone. Lawyers (and self-representing
litigants) are responsible for distributing this notice to anyone who will be appearing on their
behalf. All participants must use the web link or the dial in information below to participate.

Participants: Please follow the steps below to participate in the proceeding which will be
conducted remotely.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

05/27/2021

Docket Code 028
Form J000
Page 2

1. Click the link listed below (or enter the link in the browser of your computer/device).

2. Enter your full name and role in name field.

3. Wait for the facilitator to admit you to the proceeding (note that you may wait to be
admitted and the Court may not be able to communicate with you while you wait).
https://tinyurl.com/jbazmc-cvj10

Dial-in Information: +1 917-781-4590
Dial-in Access Code: 803 526 856 #

For privacy purposes, you can block your phone number by dialing *67

To ensure an optimal experience, please review the brief Court Connect training prior to
the hearing: https://superiorcourt.maricopa.gov/virtual-justice/

NOTE: All court proceedings are recorded digitally and not by a court reporter. Pursuant
to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter
is not mandated by Arizona Supreme Court Rule 30, the party must submit a written request to the
assigned judicial officer at least ten (10) judicial days in advance of the hearing, and must pay the
authorized fee to the Clerk of the Court at least two (2) judicial days before the proceeding. The
fee is $140 for up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.

06/11/2021 — CV2021001504 HOFFMAN, STEPHANIE 06/11/2021 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

06/14/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

06/11/2021

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz

Deputy

CAMELBACK VILLAGE IMPROVEMENT
ASSOCIATION INC
JONATHAN D EBERTSHAUSER

v.

STEPHANIE HOFFMAN
MARK J DEPASQUALE

JUDGE COURY
JUDGE J. SMITH

MINUTE ENTRY

The parties resolved this matter in a video settlement conference June 9, 2021. Defendant’s
counsel agreed to prepare the initial draft of the settlement agreement.

IT IS ORDERED denying as moot all pending motions or applications for provisional
remedies.

IT IS FURTHER ORDERED placing the matter on the dismissal calendar through
September 9, 2021.

09/16/2021 — CV2021001504 HOFFMAN, STEPHANIE 09/16/2021 HONORABLE CHRISTOPHER COURY View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Filed ***

09/17/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

09/16/2021

Docket Code 047
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE CHRISTOPHER COURY
L. Gilbert

Deputy

CAMELBACK VILLAGE IMPROVEMENT
ASSOCIATION INC
JONATHAN D EBERTSHAUSER

v.

STEPHANIE HOFFMAN
MARK J DEPASQUALE

JUDGE COURY

JUDGMENT OF DISMISSAL

Pursuant to the Court’s June 11, 2021 Minute Entry, this case was on the Dismissal
Calendar for dismissal on September 9, 2021, unless specified action was taken before a certain
date. The date has passed, and the action has not been taken. Good cause appearing,

IT IS ORDERED dismissing this case without prejudice for lack of prosecution as to any
unadjudicated claims/parties.

Dated: September 16, 2021

/s/ Christopher A. Coury

HONORABLE CHRISTOPHER A. COURY
JUDICIAL OFFICER OF THE SUPERIOR COURT

11/19/2021 — CV2021001504 HOFFMAN, STEPHANIE 11/19/2021 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

11/22/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

11/19/2021

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz

Deputy

CAMELBACK VILLAGE IMPROVEMENT
ASSOCIATION INC
JONATHAN D EBERTSHAUSER

v.

STEPHANIE HOFFMAN
MARK J DEPASQUALE

JUDGE J. SMITH

MINUTE ENTRY

At the request of counsel and good cause appearing,

IT IS ORDERED setting a telephonic Status Conference regarding settlement in this
matter, for December 17, 2021 at 10:30 a.m. (15 minutes reserved) before:

THE HONORABLE JAMES D. SMITH
MARICOPA SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8th FLOOR-COURTROOM 814
PHOENIX, AZ 85003
(602) 372-5945

NOTE: Counsel are directed to participate for said conference by calling this division’s
bridge line promptly at the scheduled time.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

11/19/2021

Docket Code 028
Form V000A
Page 2

Bridge Line:
602-506-9695 (In-State)
1-855-506-9695 (Out-of-State)

Access Code:
621848

NOTE: All court proceedings are recorded digitally and not by a court reporter. Pursuant
to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter
is not mandated by Arizona Supreme Court Rule 30, the party must submit a written request to the
assigned judicial officer at least ten (10) judicial days in advance of the hearing, and must pay the
authorized fee to the Clerk of the Court at least two (2) judicial days before the proceeding. The
fee is $140 for up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.

12/06/2021 — CV2021001504 HOFFMAN, STEPHANIE 12/06/2021 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

12/08/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

12/06/2021

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz

Deputy

CAMELBACK VILLAGE IMPROVEMENT
ASSOCIATION INC
JONATHAN D EBERTSHAUSER

v.

STEPHANIE HOFFMAN
MARK J DEPASQUALE

JUDGE J. SMITH

MINUTE ENTRY

On the Court's own motion,

IT IS ORDERED vacating the telephonic Status Conference set for December 17, 2021
at 10:30 a.m., and resetting same to December 17, 2021 at 11:00 a.m. (15 minutes reserved)
before:

THE HONORABLE JAMES D. SMITH
MARICOPA SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
8th FLOOR-COURTROOM 814
PHOENIX, AZ 85003
PHONE: 602-372-5945

NOTE: Counsel and the parties, if representing themselves, are directed to participate for
said conference by calling this division’s bridge line promptly at the scheduled time.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

12/06/2021

Docket Code 003
Form V000A
Page 2

Bridge Line:
602-506-9695 (In-State)
1-855-506-9695 (Out-of-State)

Access Code:
621848

NOTE: All court proceedings are recorded digitally and not by a court reporter. Pursuant
to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter
is not mandated by Arizona Supreme Court Rule 30, the party must submit a written request to the
assigned judicial officer at least ten (10) judicial days in advance of the hearing, and must pay the
authorized fee to the Clerk of the Court at least two (2) judicial days before the proceeding. The
fee is $140 for up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.

12/17/2021 — CV2021001504 HOFFMAN, STEPHANIE 12/17/2021 HONORABLE JAMES D. SMITH View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

12/20/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

12/17/2021

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES D. SMITH
K. Treftz

Deputy

CAMELBACK VILLAGE IMPROVEMENT
ASSOCIATION INC
JONATHAN D EBERTSHAUSER

v.

STEPHANIE HOFFMAN
MARK J DEPASQUALE

JUDGE J. SMITH

MINUTE ENTRY

East Court Building – Courtroom 814

10:59 a.m. This is the time set for a telephonic Status Conference regarding settlement in
this matter. Plaintiff, Camelback Village Improvement Association Inc., is represented by counsel,
Jonathan D. Ebertshauser. Defendant, Stephanie Hoffman, is represented by counsel, Mark J.
Depasquale.

A record of the proceedings is made digitally in lieu of a court reporter.

Mr. Ebertshauser informs the Court that Defendant has not been compliant with the parties’
settlement agreement and requests sanctions against Defendant. Mr. Depasquale objects to
sanctions against Defendant. Discussion is held thereon.

The Court expects that, before the next hearing, Defendant will have complied with the
Settlement Agreement’s provision about submitting to Plaintiff qualified bids for the repairs. If
Defendant has not submitted qualified bids, then the Court may impose sanctions, which could
include additional attorneys’ fees, a per-day monetary sanction, etc.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2021-001504

12/17/2021

Docket Code 028
Form V000A
Page 2

Pursuant to the discussion held and by agreement of the parties,

IT IS ORDERED setting a telephonic Status Conference for January 10, 2022 at 9:15
a.m. (15 minutes reserved) in this division. Clients are not required to participate.

NOTE: Counsel are directed to participate for said conference by calling this division’s
bridge line promptly at the scheduled time.

Bridge Line:
602-506-9695 (In-State)
1-855-506-9695 (Out-of-State)

Access Code:
621848

11:12 a.m. Matter concludes.

NOTE: All court proceedings are recorded digitally and not by a court reporter. Pursuant
to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter
is not mandated by Arizona Supreme Court Rule 30, the party must submit a written request to the
assigned judicial officer at least ten (10) judicial days in advance of the hearing, and must pay the
authorized fee to the Clerk of the Court at least two (2) judicial days before the proceeding. The
fee is $140 for up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.

Documents

Type Title Content Type Size Source
minute_entry_pdf CV2021001504 HOFFMAN, STEPHANIE 01/10/2022 HONORABLE JAMES D. SMITH View Minute Entry application/pdf 118.6 KB Document Source
minute_entry_pdf CV2021001504 HOFFMAN, STEPHANIE 05/06/2021 HONORABLE CHRISTOPHER COURY View Minute Entry application/pdf 138.6 KB Document Source
minute_entry_pdf CV2021001504 HOFFMAN, STEPHANIE 05/27/2021 HONORABLE JAMES D. SMITH View Minute Entry application/pdf 155.0 KB Document Source
minute_entry_pdf CV2021001504 HOFFMAN, STEPHANIE 06/11/2021 HONORABLE JAMES D. SMITH View Minute Entry application/pdf 127.4 KB Document Source
minute_entry_pdf CV2021001504 HOFFMAN, STEPHANIE 09/16/2021 HONORABLE CHRISTOPHER COURY View Minute Entry application/pdf 116.0 KB Document Source
minute_entry_pdf CV2021001504 HOFFMAN, STEPHANIE 11/19/2021 HONORABLE JAMES D. SMITH View Minute Entry application/pdf 121.9 KB Document Source
minute_entry_pdf CV2021001504 HOFFMAN, STEPHANIE 12/06/2021 HONORABLE JAMES D. SMITH View Minute Entry application/pdf 122.5 KB Document Source
minute_entry_pdf CV2021001504 HOFFMAN, STEPHANIE 12/17/2021 HONORABLE JAMES D. SMITH View Minute Entry application/pdf 123.7 KB Document Source

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