02/21/2017 — CV2016016278 FRY JR., JAMES P 02/21/2017 JUDGE PRO TEM CAROLYN K. PASSAMONTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/24/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-016278
02/21/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PRO TEM CAROLYN K.
PASSAMONTE
P. Roe
FOR HONORABLE HUGH HEGYI
Deputy
JAMES P FRY JR., et al.
JONATHAN A DESSAULES
v.
CIRCLE G RANCHES 4 HOMEOWNERS
ASSOCIATION
EDITH I RUDDER
MINUTE ENTRY
The Court has read and considered Defendant’s Motion to Dismiss, filed 12-28-16,
Response and Reply. Defendant requests dismissal of the complaint with prejudice, in part
because independent of the Court action, Defendant has approved Plaintiff’s already constructed
chicken coop.
Analysis
Arizona is a notice pleading state. See Coleman v. City of Mesa, 284 P.3d 863, 867 (Ariz.
2012). A petition or complaint will survive dismissal if it states a claim on which relief can be
granted. See id. All well-pled allegations are presumed true and all reasonable inferences are
drawn from those alleged facts, “but mere conclusory statements are insufficient.” See id.
Dismissal is appropriate “only if as a matter of law Plaintiff would not be entitled to relief under
any interpretation of the facts susceptible of proof.” See id. Such a finding is appropriate here.
A motion to dismiss must be resolved based on the pleadings. See id. If the parties raise
matters outside the pleading, the motion to dismiss becomes a motion for summary judgment.
See id. However, exhibits to a complaint or related public records are not outside the pleading, so
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-016278
02/21/2017
Docket Code 023
Form V000A
Page 2
such documents do not convert “a Rule 12(b)(6) motion into a summary judgment motion.” See
id. A motion to dismiss may be granted “only if as a matter of law plaintiffs would not be
entitled to relief under any interpretation of the facts susceptible of proof.” See id.
Such a finding is not appropriate here. The Complaint presents sufficient "well-pled"
facts to satisfy Plaintiffs’ burden as set forth in Coleman, 230 Ariz. at 356, 284 P.3d at 867.
Defendant also argues matters outside the pleadings, including action taken by Defendant
subsequent to the filing of the Complaint, which they claim would render the complaint moot.
IT IS THEREFORE ORDERED denying Defendant’s Motion to Dismiss. Any answer
to the complaint shall be filed in accordance with the Arizona Rules of Civil Procedure.
IT IS FURTHER ORDERED any award of attorney fees and costs regarding this
motion will abide the final resolution of this matter.
06/07/2017 — CV2016016278 FRY JR., JAMES P 06/07/2017 JUDGE PRO TEM CAROLYN K. PASSAMONTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/08/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-016278
06/07/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PRO TEM CAROLYN K.
PASSAMONTE
T. DeRaddo
FOR HON. HUGH HEGYI
Deputy
JAMES P FRY JR., et al.
JONATHAN A DESSAULES
v.
CIRCLE G RANCHES 4 HOMEOWNERS
ASSOCIATION
EDITH I RUDDER
ALTERNATIVE DISPUTE
RESOLUTION - CCC
REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION
Pursuant to the request of the parties in their Joint Report and Proposed Scheduling
Order, filed on May 26, 2017,
IT IS ORDERED referring this case to the Court’s Alternative Dispute Resolution
Office 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 not later than September 6, 2017. The Office of Alternative
Dispute Resolution will not do the scheduling of the settlement conference so please do not
contact that office.
All counsel and their clients, or non-lawyer representatives who have full and complete
authority to settle this case, shall personally appear and participate in good faith in this settlement
conference even if no settlement is expected.
07/13/2017 — CV2016016278 FRY JR., JAMES P 07/13/2017 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/17/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-016278
07/13/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
S. Brown
Deputy
JAMES P FRY JR., et al.
JONATHAN A DESSAULES
v.
CIRCLE G RANCHES 4 HOMEOWNERS
ASSOCIATION
EDITH I RUDDER
WALTER ANTON ULRICH
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
The Court has considered the parties’ June 29, 2017 Stipulation to Participate in Private
Mediation and Cancel Court Appointed Judge Pro Tempore.
IT IS ORDERED, granting the Stipulation all in accordance with the formal written
Order signed by the Court on July 14, 2017 and filed (entered) by the Clerk on July 14, 2017 .
12/13/2016 — CV2016016278 FRY JR., JAMES P 12/13/2016 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/20/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-016278
12/13/2016
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
T. Cooley
Deputy
JAMES P FRY JR., et al.
JONATHAN A DESSAULES
v.
CIRCLE G RANCHES 4 HOMEOWNERS
ASSOCIATION
EDITH I RUDDER
MINUTE ENTRY
The Court has received Defendant’s Expedited Motion for Entry Upon Land Pursuant to
Rule 34, ARCP and Request for Extension of Time to File Responsive Pleading Pending
Completion of Site Inspection, (hereinafter referred to as “Motion”) and Plaintiff’s December 7,
2016 Response.
IT IS ORDERED setting a 30 minute oral argument on Defendant’s Motion for
December 15, 2016 at 10:00 a.m. before this Division.
12/15/2016 — CV2016016278 FRY JR., JAMES P 12/15/2016 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/16/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-016278
12/15/2016
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
T. DeRaddo
Deputy
JAMES P FRY JR., et al.
JONATHAN A DESSAULES
v.
CIRCLE G RANCHES 4 HOMEOWNERS
ASSOCIATION
EDITH I RUDDER
MINUTE ENTRY
East Court Building – Courtroom 714
10:03 a.m. This is the time set for oral argument regarding Defendant’s Expedited
Motion for Entry Upon Land Pursuant to Rule 34, ARIZ. R. Civ. P., and Request for Extension
of Time to File Responsive Pleading Pending Completion of Site Inspection, filed on December
1, 2016. Plaintiff, Katherine K. Fry is present and represented by counsel, Jonathan A.
Dessaules. Defendant is represented by counsel, Edith I. Rudder.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held.
IT IS ORDERED the Defendants may have access to view and measure the structure on
Plaintiffs’ property beginning at 3 p.m. on December 21, 2016.
Discussion is held regarding when Defendant must file its response to the Complaint.
IT IS ORDERED that Defendant’s responsive pleading shall be filed by 5 p.m. within
seven (7) calendar days after the site inspection.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-016278
12/15/2016
Docket Code 005
Form V000A
Page 2
IT IS FURTHER ORDERED that the Defendant e-mail a courtesy copy of the responsive
pleading to Plaintiffs’ counsel at the time of the filing.
10:22 a.m. Matter concludes.
