01/08/2016 — CV2015093158 RANCH OWNERS ASSOCIATION, RED MOUNTAIN 01/08/2016 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/11/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-093158
01/08/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
RED MOUNTAIN RANCH OWNERS
ASSOCIATION
ALEXIS M FIREHAWK
v.
THERON SIMS JR., et al.
THERON SIMS JR.
3948 N RAINER
MESA AZ 85215
CHRISTINE SIMS
5131 N 40TH ST APT A117
PHOENIX AZ 85018
COMM. BENNY
MINUTE ENTRY
This Division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) CHRISTINE SIMS 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
Margaret Benny.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-093158
01/08/2016
Docket Code 023
Form V000A
Page 2
Pursuant to Supreme Court Administrative Order No. 2010-117, 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.
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
02/10/2016 — CV2015093158 RANCH OWNERS ASSOCIATION, RED MOUNTAIN 02/10/2016 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-093158
02/10/2016
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
RED MOUNTAIN RANCH OWNERS
ASSOCIATION
ALEXIS M FIREHAWK
v.
THERON SIMS JR., et al.
THERON SIMS JR.
3948 NORTH RAINER
MESA AZ 85215
CHRISTINE SIMS
5131 NORTH 40TH STREET
APT. A117
PHOENIX AZ 85018
MINUTE ENTRY
Courtroom 303 – SEA
9:07 a.m. This is the time set for Civil Default Hearing. Counsel Alexis Firehawk
appears on behalf of the Plaintiff Red Mountain Ranch Owners Association. Defendant Christine
Sims appears on her own behalf.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Alexis Firehawk and Christine Sims are sworn.
Counsel states her client’s position.
Christine Sims states her position.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-093158
02/10/2016
Docket Code 056
Form V000A
Page 2
9:16 a.m. LET THE RECORD REFLECT that Theron Sims Jr. is now present.
Theron Sims Jr. is sworn.
Discussion is held.
9:21 a.m. Court stands in recess.
9:41 a.m. Court reconvenes with respective counsel and parties present.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Counsel for Plaintiff advises the Court that she will be providing copies of the
calculations of the judgment amounts and copies of the ledgers to the Defendants upon return to
her office.
Discussion is held regarding service, the entry of default and filing fees.
Both Defendants are objecting to the amount of attorney fees and costs. Theron Sims
reports that he was not served. The Court advises Theron Sims that he may file a motion
regarding service and the Court will rule on any motions filed at the Evidentiary Hearing.
Based upon the matters presented herein,
THE COURT FINDS that the Defendants Theron Sims Jr. and Christine Sims are in
default.
IT IS ORDERED setting an Evidentiary Hearing regarding damages only for February
26, 2016 at 10:30 a.m. (1 hour and 30 minutes allotted) before:
COMMISSIONER MARGARET BENNY
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 303
222 E. JAVELINA
MESA, AZ 85210
Defendants may file motions as they pertain to this matter and are put on notice that any
filings may require filing fees to be paid through the Clerk of Court.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-093158
02/10/2016
Docket Code 056
Form V000A
Page 3
IT IS FURTHER ORDERED any evidence intended to be submitted as exhibits at the
time of the Evidentiary Hearing must be brought to Courtroom 303 on or before February 23,
2016 before 5:00 p.m. Exhibits are to be separated by a colored sheet of paper or by a divider
sheet along with an attached cover sheet listing the description of the exhibits. No duplicate
exhibits shall be presented for marking. If either party fails to comply with the steps for marking
exhibits, that party’s exhibits may be precluded from being marked for the hearing.
NOTE: All exhibits must be hand-delivered to this Division’s Judicial Staff at
Courtroom 303. Please call (602)506-3915 between the hours of 8:30 a.m. to 12:00 p.m. and
1:30 p.m. to 4:30 p.m. to arrange for pick up from Judicial Staff. Any exhibits dropped off
in the Commissioner’s mail box or at Court Administration without prior arrangements
with this Division will be rejected.
10:11 a.m. Matter concludes.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. All parties requesting to purchase a copy of a CD of a hearing in a
courtroom are directed to call 602-506-7100 (leave details on voice mail) or email your request
to: [email protected]
All court proceedings are recorded by audio and video method 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 a half-day and $280 for a full day.
02/26/2016 — CV2015093158 RANCH OWNERS ASSOCIATION, RED MOUNTAIN 02/26/2016 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-093158
02/26/2016
Docket Code 004
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
RED MOUNTAIN RANCH OWNERS
ASSOCIATION
ALEXIS M FIREHAWK
v.
THERON SIMS JR., et al.
THERON SIMS JR.
3948 NORTH RAINER
MESA AZ 85215
CHRISTINE SIMS
5131 NORTH 40TH STREET
APT. A117
PHOENIX AZ 85018
MINUTE ENTRY
Courtroom 303 – SEA
Prior to the commencement of today’s proceedings, Plaintiff’s exhibits 1 through 4 were
marked for identification.
10:42 a.m. This is the time set for Evidentiary Hearing regarding damages. Counsel
Alexis Firehawk appears on behalf of the Plaintiff Red Mountain Ranch Owners Association.
Defendant Theron Sims appears on his own behalf. No one else appears.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
The Court has received and reviewed all pleadings filed in this matter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-093158
02/26/2016
Docket Code 004
Form V000A
Page 2
Discussion is held regarding Christine Sims non-appearance.
Opening Statements are heard.
The witness, Don DeBaca, is sworn and testifies.
Plaintiff’s exhibits 1 and 2 are offered and received in evidence.
Discussion is held regarding the timely disclosure of witnesses, exhibits and timely
filings.
THE COURT FINDS that Defendant’s Motion to Set Aside is untimely. Therefore,
IT IS ORDERED denying Defendant’s Motion to Set Aside.
Due to time constraint,
IT IS ORDERED continuing the Evidentiary Hearing regarding damages to March 22,
2016 at 10:30 a.m. (1 hour and 30 minutes allotted), in this Division, Southeast Court Facility,
222 E. Javelina Avenue, Courtroom 303, Mesa, Arizona 85210.
LET THE RECORD REFLECT that Petitioner’s exhibits are retained by the Deputy
Clerk for use at the above continued hearing.
12:03 p.m. Matter concludes.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. All parties requesting to purchase a copy of a CD of a hearing in a
courtroom are directed to call 602-506-7100 (leave details on voice mail) or email your request
to: [email protected]
05/06/2016 — CV2015093158 RANCH OWNERS ASSOCIATION, RED MOUNTAIN 05/06/2016 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/09/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-093158
05/06/2016
Docket Code 092
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
RED MOUNTAIN RANCH OWNERS
ASSOCIATION
ALEXIS M FIREHAWK
v.
THERON SIMS JR., et al.
THERON SIMS JR.
3948 NORTH RAINER
MESA AZ 85215
CHRISTINE SIMS
5131 NORTH 40TH STREET
APT. A117
PHOENIX AZ 85018
ORDER RELEASING EXHIBITS
Pursuant to the Evidentiary Hearing held on February 23, 2016, and there being no
further need to retain Plaintiff’s exhibits in the custody of the Clerk of the Court,
IT IS ORDERED that the Clerk permanently release Plaintiff’s exhibits 3 and 4 to the
counsel/party causing them to be marked, or to their written designee. Counsel/party shall have
the right to refile relevant exhibits as needed in support of any appeal. Refiled exhibits must be
accompanied by a Notice of Refiling Exhibits and presented to the Exhibits Room of the Clerk’s
Office. The Court’s exhibit tag must remain intact on all refiled exhibits.
IT IS FURTHER ORDERED that counsel/party or written designee shall have thirty
(30) days from the date of this minute entry to take possession of the exhibits from the Clerk of
Courtroom 303; thereafter, the Clerk is authorized to dispose of the exhibits.
12/15/2015 — CV2015093158 RANCH OWNERS ASSOCIATION, RED MOUNTAIN 12/15/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/16/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-093158
12/15/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
RED MOUNTAIN RANCH OWNERS
ASSOCIATION
NIKITA VERMA PATEL
v.
THERON SIMS JR., et al.
THERON SIMS JR.
3948 N RAINER
MESA AZ 85215
CHRISTINE SIMS
NO ADDRESS ON RECORD
COMM. BENNY
MINUTE ENTRY
This Division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) THERON SIMS JR. 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
Margaret Benny.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-093158
12/15/2015
Docket Code 023
Form V000A
Page 2
Pursuant to Supreme Court Administrative Order No. 2010-117, 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.
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