Case Header

Maricopa County Superior Court Case CV2003-019231: public docket details, parties, minute entries, documents, and official source links for Troon North Association.

Case Number

CV2003-019231

County

Maricopa

Caption

Not captured

Filed

10/7/2003

Case Type

Civil

Judge

Pineda, Susanna

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

01/05/2005

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 01/07/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
EDWARD J RIBADENEIRA

MINUTE ENTRY

The Motion for Reconsideration is denied.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

01/05/2005

Docket Code 025
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 01/07/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
EDWARD J RIBADENEIRA

MINUTE ENTRY

Pursuant to Notice of Settlement, this matter has been settled as to the Crescent Club
Defendants, only.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

01/06/2004

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 01/09/2004

TROON NORTH ASSOCIATION
TRAYLOR E RICHARDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
CRESCENT CLUB INVESTORS I LTD
C/O JOSEPH W MITCHELL
3773 CHERRY CREEK DR STE 575
DENVER CO 80209

GREGORY G MCGILL
GREGORY L MILES

MINUTE ENTRY

IT IS ORDERED setting oral argument for February 10, 2004 at 8:30 a.m. in this
division re: Ribadab Defendants’ (1) Motion for Partial Summary Judgment; and (2) Motion to
Quash Lis Pendens.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

01/07/2005

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 01/11/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
EDWARD J RIBADENEIRA

MINUTE ENTRY

The Court is inclined to vacate the hearing date of February 18, 2005, as this case is on
appeal. Counsel shall inform the Court of the reasons to continue processing of this case when
some parties are in the appellate court. Piecemeal litigation is not cost effective.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

01/11/2005

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 01/13/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
EDWARD J RIBADENEIRA

MINUTE ENTRY

9:00 a.m. This is the time set for oral argument re: Defendants’ Motion for Summary
Judgment by Hutchings, Thomas and Loughran. Plaintiff is represented by counsel, Frederick E.
Davidson, Robin M. Wolfhard and Brian G. Lester. Defendants Hutchings, Loughran and
Thomas are represented by counsel, Gregory G. McGill. Defendant Michael R. Hutchings is
present.

Court Reporter, Karen Bolton, is present.

Defendants’ Motion for Summary Judgment by Hutchings, Thomas and Loughran is
argued to the Court.

Plaintiff’s Cross-Motion for Summary Judgment is argued to the Court.

IT IS ORDERED taking these matters under advisement.

10:00 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

01/19/2006

Docket Code 084
Form V000A
Page 1

CLERK OF THE COURT
JUDGE PRO TEM COLLEEN L. FRENCH
K. Ballard
FOR HONORABLE KENNETH L. FIELDS
Deputy

FILED: 01/23/2006

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.

GREGORY G MCGILL

INACTIVE CALENDAR

The Court has reviewed Plaintiff’s Motion to Continue Action on Inactive Calendar.

IT IS ORDERED granting the motion and continuing this matter on the Inactive Calendar
for dismissal on March 15, 2006 without further notice unless prior to said date a Judgment is
entered or filed or a Stipulation for Dismissal is presented.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

01/20/2005

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 01/24/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
EDWARD J RIBADENEIRA
GREGORY L MILES

MINUTE ENTRY

IT IS ORDERED approving and settling formal written Supersedeas Bond signed by the
Court on January 20, 2005 and filed (entered) by the Clerk on January 20, 2005.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/30/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
01/22/2007
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
T. Melius
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA
SWANSON OIL & GAS INC
C/O THE ROEMER OIL COMPANY
1200 17TH ST STE 2350
DENVER CO 80202
DISCOVER RESORTS ARIZONA L L C
C/O DOUGLAS R VANDE KROL
7333 E DOUBLETREE RANCH #200
SCOTTSDALE AZ 85258
GREGORY G MCGILL
EDWARD J RIBADENEIRA
MICHAEL E GERITY
MINUTE ENTRY
9:25 a.m. This is the time set for Oral Argument on the Motion for Attorneys fees in this
matter. Plaintiff is represented by counsel, Frederick E. Davidson. Defendants are represented
by counsel, Michael E. Gerity.
Court reporter, Michael Babicky, is present.
Arguments are presented to the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
01/22/2007
Docket Code 020
Form V000A
Page 2
IT IS ORDERED taking this matter under advisement.
9:54 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/31/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
01/25/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
T. Melius
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA
SWANSON OIL & GAS INC
C/O THE ROEMER OIL COMPANY
1200 17TH ST STE 2350
DENVER CO 80202
DISCOVER RESORTS ARIZONA L L C
C/O DOUGLAS R VANDE KROL
7333 E DOUBLETREE RANCH #200
SCOTTSDALE AZ 85258
GREGORY G MCGILL
EDWARD J RIBADENEIRA
MICHAEL E GERITY
MINUTE ENTRY
This matter was taken under advisement following oral argument on January 22, 2007 on
the Court of Appeals Remand of May 1, 2006 to this Court for a determination on whether the
Association is entitled to attorney’s fees under section 7.04 of the Plaintiff’s CC&R’s.
The Court finds that the underlying issue of whether the Association properly
commenced legal action was decided by Judge O’Melia in his June 7, 2004 Order. He held that
“…the Defendants ceased the alleged illegal activities many months before the lawsuit was
filed.” It is clear to this Court that no “lot …[was] is being used in a manner which violates this

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
01/25/2007
Docket Code 019
Form V000A
Page 2
declaration” and that the Defendants were not “failing to perform any of its obligations….”
(CC&R’s 7.04).
Therefore,
IT IS ORDERED that the Association (Plaintiff) is not entitled to attorneys’ fees.
As the Court of Appeals rejected any argument for attorneys’ fees other than any
available under the Plaintiff Association’s CC & R’s, this Court will make no further order
regarding attorneys’ fees and will not reexamine an award under any statutory authority. Each
party is responsible for its own attorneys’ fees and costs.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

02/03/2005

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 02/07/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
EDWARD J RIBADENEIRA

MINUTE ENTRY

After considering the memoranda and arguments of counsel, the Court makes the
following rulings:

1. The Motions to Strike Verifications filed by each side are denied.

2. IT IS ORDERED granting the defendant Thomas and Loughran’s Motion for
Summary Judgment.

3. IT IS ORDERED denying Hutching’s Motion for Summary Judgment.

4. IT IS ORDERED denying the plaintiff’s Cross-Motion for Summary
Judgment.

5. If there is a lis pendens against Loughran, it shall be removed.

6. Thomas and Loughran are entitled to their taxable costs; no attorney fees.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

02/09/2005

Docket Code 002
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 02/11/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
EDWARD J RIBADENEIRA

MINUTE ENTRY

The Motion to Extend Discovery is moot, and the February 18, 2005 hearing is vacated.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

02/10/2004

Docket Code 002
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 02/12/2004

TROON NORTH ASSOCIATION
TRAYLOR E RICHARDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
GREGORY L MILES

MINUTE ENTRY

Court having been advised that the parties have settled the Motion for Summary
Judgment issue and the Motion to Quash Lis Pendens,

IT IS ORDERED vacating oral argument set for February 10, 2004 in this division.

IT IS FURTHER ORDERED counsel are to submit any motions for attorney’s fees no
later than February 16, 2004, and a hearing date will be set.

The above is all in accordance with formal written Order signed by the Court on February
9, 2004.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

02/15/2005

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 02/17/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL

MINUTE ENTRY

IT IS ORDERED denying Plaintiff’s Motion for Expedited Telephonic Status
Conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

02/17/2005

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 02/21/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
EDWARD J RIBADENEIRA

MINUTE ENTRY

IT IS ORDERED setting telephonic pretrial conference for February 23, 2005 at 10:00
a.m. in this division. Counsel for the plaintiff to initiate the conference call.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

02/19/2004

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 02/23/2004

TROON NORTH ASSOCIATION
TRAYLOR E RICHARDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
GREGORY L MILES

MINUTE ENTRY

IT IS ORDERED setting oral argument for April 8, 2004 at 8:30 a.m. in this division re:
(1) Defendants’ Motion for Damages and Attorneys’ Fees; and (2) Plaintiff’s Application for
Attorneys’ Fees.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

02/23/2005

Docket Code 064
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 02/25/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.

GREGORY G MCGILL

MINUTE ENTRY

10:00 a.m. This is the time set for status conference. Plaintiff is represented
telephonically by counsel, Frederick E. Davidson. Defendant Hutchings is represented
telephonically by counsel, Gregory G. McGill.

Court reporter is not present.

Status conference is held.

Counsel agree to waive a jury trial and proceed with a bench trial.

IT IS ORDERED vacating trial set for March 1, 2005 and resetting same to May 23,
2005 at 9:30 a.m. (1-2 day bench trial).

Counsel to advise the Court by April 1, 2005 whether or not this case has been settled.

10:35 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

03/15/2005

Docket Code 064
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 03/17/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.

GREGORY G MCGILL

MINUTE ENTRY

Pursuant to Plaintiff’s Motion to Reset Trial and good cause appearing,

IT IS ORDERED vacating trial set for May 23, 2005 and resetting same to June 28, 2005
at 9:30 a.m. in this division, all in accordance with formal written Order signed by the Court on
March 14, 2005.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
03/15/2006
Docket Code 078
Form V078A
Page 1
CLERK OF THE COURT
HON. COLIN F. CAMPBELL
M. Sahli
Deputy
FILED: 03/17/2006
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA
GREGORY G MCGILL
EDWARD J RIBADENEIRA
INACTIVE CALENDAR
On Motion of Plaintiff,
IT IS ORDERED continuing this matter on the Inactive Calendar for dismissal on
May 15, 2006 without further notice unless prior to that date a proper Judgment is entered or
filed, a Stipulation for Dismissal is presented, or a Motion to Set and Certificate of Readiness is
filed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/29/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
03/26/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
E. Parrish
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA
SWANSON OIL & GAS INC
C/O THE ROEMER OIL COMPANY
1200 17TH ST STE 2350
DENVER CO 80202
DISCOVER RESORTS ARIZONA L L C
C/O DOUGLAS R VANDE KROL
7333 E DOUBLETREE RANCH #200
SCOTTSDALE AZ 85258
GREGORY G MCGILL
EDWARD J RIBADENEIRA
RULING
The Court has received and considered Plaintiff’s Motion for Reconsideration re: Minute
Entry Decision Dated January 25, 2007. Accordingly,
IT IS ORDERED denying said Motion.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

04/06/2005

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 04/08/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.

GREGORY G MCGILL

MINUTE ENTRY

After considering the memoranda, the Motion to Dismiss Count Two is denied. Also, the
defendant Hutchings needs to furnish the requested documents.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

04/08/2004

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 04/13/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
TERESITA T MERCADO

GREGORY G MCGILL
AMY KUNZ SWANER
DAVID MILES PLLC
1550 E MCKELLIPS RD
STE 101
MESA AZ 85203

MINUTE ENTRY

8:35 a.m. This is the time set for oral argument re: Plaintiff’s Application for Attorney
Fees and Ribadab Defendants’ Motion for Damages and Attorneys Fees. Plaintiff is represented
by counsel, Frederick E. Davidson. Ribadab Defendants are represented by counsel, Amy Kunz
Swaner. Defendant Crescent Club Investors I, Ltd. is represented by counsel, Teresita T.
Mercado. Defendants Hutchings and Loughrans are represented telephonically by counsel,
Gregory G. McGill.

Court reporter is not present.

Plaintiff’s Application for Attorney Fees is argued to the Court.

Ribadab Defendants’ Motion for Damages and Attorney Fees is argued to the Court.

IT IS ORDERED taking these matters under advisement.

9:20 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

05/10/2005

Docket Code 064
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 05/12/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
GREGORY G MCGILL

MINUTE ENTRY

On the Court’s own motion,

IT IS ORDERED vacating trial set for June 28, 2005 and resetting same to July 25, 2005
at 9:30 a.m. in this division.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/12/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
05/11/2009
Docket Code 019
Form J000
Page 1
CLERK OF THE COURT
COMMISSIONER MITCH MICHKOWSKI
E. Gonzales
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA
SWANSON OIL & GAS INC
C/O THE ROEMER OIL COMPANY
1200 17TH ST STE 2350
DENVER CO 80202
DISCOVER RESORTS ARIZONA L L C
C/O DOUGLAS R VANDE KROL
7333 E DOUBLETREE RANCH #200
SCOTTSDALE AZ 85258
GREGORY G MCGILL
EDWARD J RIBADENEIRA
FINANCIAL SERVICES-CCC
BOND FOR COSTS ON APPEAL – EXONERATED/RELEASED
In conjunction with the filing of a Notice of Appeal, a cash bond in the amount of
$500.00 was posted pursuant to Rule 10, Arizona Rules of Civil Appellate Procedure. The
appeal has been terminated, the Superior Court has not issued orders for the disposition of the
bond and the bond remains under the control of the Clerk of the Court.
Under the circumstances, on the Court’s own Motion,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
05/11/2009
Docket Code 019
Form J000
Page 2
IT IS ORDERED that the cash bond previously posted be exonerated/released to the
party who posted it unless the Court receives an objection on or before June 2, 2009.
May 11, 2009
/s/ COMMISSIONER MITCH MICHKOWSKI
Date
Court Commissioner
The application of the /s/ designation satisfies the Court’s approval and signature of this minute
entry.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

05/24/2005

Docket Code 079
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 05/26/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.

GREGORY G MCGILL
GARY J JABURG

MINUTE ENTRY

Pursuant to stipulation, defendant Arizona Leisure, Inc., is dismissed from this case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

05/26/2005

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 05/30/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.

GREGORY G MCGILL

MINUTE ENTRY

Plaintiff’s second request for fees and costs is denied. Attorney fees and costs will be
decided at the conclusion of the case.

Mr. Thomas may be deposed. The deposition will have a 60 minute time limit.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

06/07/2004

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 06/11/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
TERESITA T MERCADO

GREGORY G MCGILL
AMY KUNZ SWANER
DAVID MILES PLLC
1550 E MCKELLIPS RD
STE 101
MESA AZ 85203

MINUTE ENTRY

The Court has considered all of the memoranda submitted in respect to the issues of
damages and/or attorney fees. The Court also considered the exhibits and arguments of counsel.

The Court makes the following rulings:

It is clear from the evidence submitted that the Defendants ceased the alleged illegal
activities many months before the lawsuit was filed. Actually, there was approximately 7-8
months between the time the letter was sent and the time the lawsuit was filed. The evidence is
clear that the letter was not received by the appropriate property owners.

It is also clear that the lis pendens filed in this case was not proper or legal lis pendens,
and therefore the Defendants are entitled to the minimum of $5,000.00 pursuant to the statute as
damages. The Court is unclear as to whether there are three or four lis pendens at issue. The
parties should be able to determine that issue.

IT IS THEREFORE ORDERED denying the Plaintiff’s request for attorney fees and
allowing the Defendants’ request for attorney fees in the amount of $4,200.00.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

06/10/2005

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 06/14/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.

GREGORY G MCGILL

MINUTE ENTRY

The May 26th order is clear. Fees and costs will be considered at the conclusion of the
case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
06/29/2006
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. COLIN F. CAMPBELL
M. Sahli
Deputy
FILED: 07/03/2006
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA
GREGORY G MCGILL
EDWARD J RIBADENEIRA
MINUTE ENTRY
The Court having received Plaintiff’s Request for Status Conference in Light of Court of
Appeals’ Memorandum Decision 1 CA-CV 04-0839 Dated February 28, 2006 and Mandate,
IT IS ORDERED setting Status Conference for August 23, 2006 at 8:45 a.m. in this
division.
The Hon. Colin F. Campbell
Maricopa County Superior Court
125 W. Washington
Old Courthouse, Courtroom 309
Phoenix, AZ 85003
(602) 506-3837

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

07/08/2004

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 07/12/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
GREGORY L MILES

MINUTE ENTRY

Defendants shall respond to the Plaintiff’s Motion for Reconsideration.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

07/21/2005

Docket Code 066
Form V000A
Page 1

CLERK OF THE COURT
THE HONORABLE ANNA M. BACA
P. Brown

Deputy

FILED: 07/22/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

SWANSON OIL & GAS INC
C/O THE ROEMER OIL COMPANY
1200 17TH ST STE 2350
DENVER CO 80202
DISCOVER RESORTS ARIZONA L L C
C/O DOUGLAS R VANDE KROL
7333 E DOUBLETREE RANCH #200
SCOTTSDALE AZ 85258
GREGORY G MCGILL
EDWARD J RIBADENEIRA

CASE REASSIGNMENT - CIVIL PRESIDING JUDGE

This case was previously assigned to the Honorable Glenn Davis. A Notice of
Change of Judge has been filed by Defendant Hutchings. The case was transferred to the
Presiding Civil Judge for reassignment.

IT IS ORDERED that this case be assigned to Civil Calendar CVJ-12, the Honorable
Kenneth L. Fields, for all further proceedings. If any objections to the Notice of Change of
Judge are filed, the noticed judge retains jurisdiction to hear and decide the objections. Any
objections must be filed and a copy delivered to the noticed judge within twenty days of the date
of this order.

cc: Judge Fields

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

07/28/2005

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 08/01/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

SWANSON OIL & GAS INC
C/O THE ROEMER OIL COMPANY
1200 17TH ST STE 2350
DENVER CO 80202
DISCOVER RESORTS ARIZONA L L C
C/O DOUGLAS R VANDE KROL
7333 E DOUBLETREE RANCH #200
SCOTTSDALE AZ 85258
GREGORY G MCGILL
EDWARD J RIBADENEIRA

STATUS CONFERENCE SET

This case having been newly assigned to this Court,

IT IS ORDERED setting a telephonic Status Conference for August 15, 2005 at 4:30
p.m. in this division. PLAINTIFF IS DIRECTED TO INITIATE THE CALL to this
Division. Telephone number 602-506-2060.

ELECTRONIC ("E") COURTROOM

A record of the proceedings may be made by videotape in lieu of a court reporter. (See Notice
below) Should an official transcript be required, you may request that the Court prepare it. The
party ordering the transcript must pay for it. 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

07/28/2005

Docket Code 028
Form V000A
Page 2

If a court reporter is required, a written request must be received by the Court at least 48
hours before the hearing.

NOTICE

New Fee for Copies of Electronically Recorded Proceedings

Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of superior
court proceedings digitally recorded and provided on compact Disc (CD) and for each copy of a
superior court proceeding provided on videotape. The fee is due when the CD or videotape is
picked up. Cash and in-state checks will be accepted for payment. Please make checks payable
to: Clerk of the Superior Court.

Blank, unused CDs and videotapes will not be accepted in lieu of payment.

Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.

Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]

Request for Daily Copy of Electronically Recorded Proceedings

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 fee and present both the receipt and the form to
the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
please call Electronic Records Services at 602-506-7100.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

08/03/2005

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 08/05/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

SWANSON OIL & GAS INC
C/O THE ROEMER OIL COMPANY
1200 17TH ST STE 2350
DENVER CO 80202
DISCOVER RESORTS ARIZONA L L C
C/O DOUGLAS R VANDE KROL
7333 E DOUBLETREE RANCH #200
SCOTTSDALE AZ 85258
GREGORY G MCGILL
EDWARD J RIBADENEIRA

DEADLINE SET/MOTION TAKEN UNDER ADVISEMENT

The Court has under advisement the Plaintiff’s Motion for Reconsideration re: Court’s
Minute Entry dated 02/03/05, filed 02/07/05 or Motion for Clarification. The Court will
reconsider the earlier decision and defendants may file a Response no later than August 19,
2005. No reply will be filed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

08/15/2005

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE KENNETH L. FIELDS
D. Whitford

Deputy

FILED: 08/23/2005

TROON NORTH ASSOCIATION

FREDERICK E DAVIDSON
BRIAN G LESTER

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

SWANSON OIL & GAS INC
C/O THE ROEMER OIL COMPANY
1200 17TH ST STE 2350
DENVER CO 80202
DISCOVER RESORTS ARIZONA L L C
C/O DOUGLAS R VANDE KROL
7333 E DOUBLETREE RANCH #200
SCOTTSDALE AZ 85258
GREGORY G MCGILL
EDWARD J RIBADENEIRA

STATUS CONFERENCE

ORAL ARGUMENT SET

4:35 p.m. (IN CHAMBERS) This is the time set for a telephonic Status Conference.
Plaintiff is represented by counsel Brian G. Lester. Defendant Hutchings is present
telephonically with counsel Gregory G. McGill.

The proceedings are recorded electronically by CD and videotape in lieu of a court
reporter.

The case status is discussed. When the Court receives the Defendant’s response to
Plaintiffs’ Motion for Reconsideration, the matter will be deemed submitted and taken under
advisement.

The Court will schedule oral argument on Plaintiff’s Motion to Compel.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

08/15/2005

Docket Code 094
Form V000A
Page 2

Judge Donald Daughton will schedule the matter for a two-day bench trial.

4:45 p.m. Conference concludes.

LATER:

IT IS ORDERED setting oral argument for October 3, 2005 at 11:30 a.m. on the
following motion:

• Plaintiffs’ Motion to Compel

Before:

The Honorable Kenneth Fields

Maricopa County Superior Court

East Court Building

Courtroom 414
Phoenix, AZ 85003
PHONE: 602-506-2060

ELECTRONIC ("E") COURTROOM

A record of the proceedings may be made by videotape in lieu of a court reporter. Should an
official transcript be required, you may request that the Court prepare it. The party ordering the
transcript must pay for it. 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, a written request must be received by the Court at least 48
hours before the hearing.

NOTICE

New Fee for Copies of Electronically Recorded Proceedings

Effective Monday, January 27, 2003, a fee of $20.00 will be charged for each copy of superior
court proceedings digitally recorded and provided on compact Disc (CD) and for each copy of a
superior court proceeding provided on videotape. The fee is due when the CD or videotape is
picked up. Cash and in-state checks will be accepted for payment. Please make checks payable
to: Clerk of the Superior Court.

Blank, unused CDs and videotapes will not be accepted in lieu of payment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

08/15/2005

Docket Code 094
Form V000A
Page 3

Beginning Monday, January 27, 2003, the pick up location for CD or videotape copies of
superior court proceedings recorded in downtown Phoenix will be the court’s Self Service Center
located in the Law Library on the first floor of the East Court Building. Fees will be collected at
the Self Service Center. Copies of superior court proceedings recorded at the court’s Southeast
Facility in Mesa and at the court’s Northwest Facility in Surprise may be picked up, and fees
paid, at the Self Service Centers at those locations.

Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, 602-
506-7100 or [email protected]

Request for Daily Copy of Electronically Recorded Proceedings

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 fee and present both the receipt and the form to
the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously,
please call Electronic Records Services at 602-506-7100.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

08/16/2004

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 08/18/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
GREGORY L MILES

MINUTE ENTRY

The Court has considered both Motions for Reconsideration, and both motions are
denied.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

08/19/2005

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HON. COLIN F. CAMPBELL
E. Schneider

Deputy

FILED: 08/23/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

MICHAEL HUTCHINGS, et al.
GREGORY G MCGILL

JUDGE FIELDS

MINUTE ENTRY

In Chambers:

9:30 a.m. This is the time set for a status conference. Plaintiff Troon North Association
is represented by Frederick E. Davidson. Defendant Michael Hutchings (the only remaining
Defendant) is represented by Gregory McGill.

No court reporter is present.

Discussion is held.

THIS IS A NON-UNIFORM TRIAL SETTING ORDER. PLEASE READ CAREFULLY FOR
COMPLIANCE.

IT IS ORDERED:

1.
This matter is set for trial to the Court on Monday, November 7, 2005 at
9:30 a.m. in this division.

NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the
division three (3) court business days before the scheduled hearing.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

08/19/2005

Docket Code 089
Form V000A
Page 2

PLEASE NOTE: JUDGE CAMPBELL IS LOCATED IN THE OLD
COURTHOUSE, 125 W. WASHINGTON, SUITE 309, PHOENIX, ARIZONA 85003
(TELEPHONE NUMBER (602) 506-3837).

Estimated length of trial: 2 days

THIS IS A FIRM TRIAL SETTING. A MOTION TO CONTINUE BASED ON LACK
OF PREPARATION WILL NOT BE GRANTED.

2.
A Trial Management Conference will be set at the time of oral argument on the
pending motions.

The joint pretrial statement in accordance with Rule 16(d), A.R.C.P., is due by
5:00 p.m., September 30, 2005. If the joint pretrial statement is not filed by September 30,
2005, each side will pay $50 per day to the Clerk of the Court until it is submitted. This is
without prejudice to the Court ruling that one party is at fault and only that party is to be
sanctioned. In addition to the information required by Rule 16(d), counsel are to identify
in/with the joint pretrial statement all deposition or other transcribed testimony that may be
offered at trial. The proposed testimony is to be identified by reference to page and line
numbers. Objections, if any, to such testimony, and the reasons for such objections, re also to
be set forth.

3.
No less than five (5) judicial days prior to the Trial Management Conference,
counsel (or the parties) shall file:

A.
Any trial memoranda (optional), which will be in lieu of post-trial briefs unless
otherwise requested by the Court at the conclusion of the trial.

B.
Proposed findings of fact and conclusions of law (if a request for findings of fact
and conclusions of law has been or will be filed).

4.
All dispositive motions shall be filed no later than thirty (30) days prior to the trial
management conference.

5.
At least one week before trial, the trial lawyers shall make an appointment for
themselves or their knowledgeable assistants to meet with the Clerk of this division before
3:00 p.m. two (2) court days before trial, presenting all exhibits. The exhibits will be marked
serially as they are listed in the pretrial statement – plaintiff’s first, defendant’s second. Please
advise the Clerk, referring specifically to the pretrial statement, which exhibits may be marked
directly in evidence.

6.
All documents and pleadings described above shall be delivered or telefaxed to
opposing counsel on the date they are delivered to the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

08/19/2005

Docket Code 089
Form V000A
Page 3

IT IS FURTHER ORDERED granting Defendant an extension to September 16, 2005 to
file a Response to Plaintiff’s Motion for Reconsideration re: Court’s Minute Entry dated
February 3, 2005, filed February 7, 2005, or Motion for Clarification. No Reply will be filed.

IT IS FURTHER ORDERED setting oral argument on Monday, September 19, 2005 at
1:30 p.m. on the following pending motions:

1.
Plaintiff’s Motion to Compel (this Court vacates oral argument previously set for
October 3, 2005 at 11:30 a.m. before Judge Fields).

2.
Plaintiff’s Motion for Reconsideration re: Court’s Minute Entry dated February 3,
2005, filed February 7, 2005, or Motion for Clarification.

3.
Plaintiff’s Motion for Sanctions for Failure to Disclose Unfavorable Information.

4.
Plaintiff’s Motion that Facts be Taken as Established for Failure to Comply with
Discovery Order.

5.
Plaintiff’s Motion for Default Judgment of Discover Resort Arizona, LLC

6.
Plaintiff’s Motion for Default Judgment of Discover Resorts, Inc.

7.
Defendant Hutchings’ Objection to Motion for Default Judgment Against
Discovery Resorts Entities and Plaintiff’s Motion to Strike.

If the parties’ Motions contain citations to out-of-state cases, that party shall
provide the Court with copies of those cases.

NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the
division three (3) court business days before the scheduled hearing.

NOTE: JUDGE CAMPBELL IS LOCATED IN THE OLD COURTHOUSE, 125
W. WASHINGTON, SUITE 309, PHOENIX, ARIZONA 85003 (TELEPHONE NUMBER
(602) 506-3837).

10:00 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/25/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
08/23/2006
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. COLIN F. CAMPBELL
M. Sahli
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA
GREGORY G MCGILL
EDWARD J RIBADENEIRA
MINUTE ENTRY
8:46 a.m. In chambers. This is the time set for Status Conference. Plaintiff is
represented by counsel, Brian Lester and Chad Kaffer. Defendant Michael Hutchings and his
counsel, Gregory McGill appear telephonically. Defendants Ribadab are represented by counsel,
Michael Garrity.
No court reporter is present.
Discussion is held re the status of Defendant Michael Hutchings in the case. The parties
agree that Mr. Hutchings has been dismissed from the case.
IT IS ORDERED as follows:
Plaintiffs shall file the appropriate brief in this matter no later than October 31, 2006.
Defendants shall file a response no later than November 16, 2006.
Plaintiffs shall file a reply no later than December 1, 2006.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
08/23/2006
Docket Code 094
Form V000A
Page 2
IT IS FURTHER ORDERED setting oral argument for December 12, 2006 at
8:30 a.m. before:
Honorable Colin F. Campbell
Maricopa County Superior Court
125 W. Washington
Old Courthouse, Courtroom 309
Phoenix, AZ 85003
(602) 506-3837
Counsel’s arguments are limited to five (5) minutes per side. If additional time is
requested, counsel shall contact the Court.
If the parties’ Motions contain citations to out-of-state cases, that party shall
provide the Court with copies of those cases.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

09/08/2004

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 09/10/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY L MILES
GREGORY G MCGILL

MINUTE ENTRY

A Motion to Set and Certificate of Readiness for Trial having been filed, in addition to
Controverting Certificate,

IT IS ORDERED:

1.
This matter is set for trial to a jury on March 1, 2005 at 9:30 a.m. in this
division.

Estimated length of trial is: 3-4 days.

Discovery may continue to 60 days before trial.

THIS IS A FIRM TRIAL SETTING.

2.
The joint pretrial statement in accordance with Rule 16, Rules of Procedure, is
due by 5:00 p.m., five days prior to trial. In addition to the information required
by Rule 16, counsel are to identify in/with the joint pretrial statement all
deposition or other transcribed testimony that may be offered at trial. The
proposed testimony is to be identified by reference to page and line numbers.
Objections, if any, to such testimony, and the reasons for such objections, are also
to be set forth.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

09/08/2004

Docket Code 089
Form V000A
Page 2

3.
No less than five (5) judicial days prior to trial, counsel (or the parties) shall file:

A.
Requested jury instructions and any voir dire questions counsel
request that the Court ask.

B.
Any trial memoranda (optional) which will be in lieu of post-trial
briefs, unless otherwise requested by the Court at the conclusion of
the trial.

C.
Motions in limine, which must meet the test of State v. Superior
Court, 108 Ariz. 396, 499 P.2d 152 (1972): “The primary purpose
of a motion in limine is to avoid disclosing to the jury prejudicial
matters which may compel a mistrial.”

D.
Proposed findings of fact and conclusions of law (if a request for
findings of fact and conclusions of law has been or will be filed).

4.
Written response to a motion in limine may be filed no later than noon of the day
before trial.

5.
All motions (except motions in limine) shall be filed no later than seventy-five
(75) days prior to trial so they can be scheduled, briefed, argued and decided prior
to trial.

6.
At least one week before trial, the trial lawyers shall make an appointment for
themselves or their knowledgeable assistants to meet with the Clerk of this
division before the trial, presenting all exhibits. The exhibits will be marked
serially, plaintiff’s first and defendant’s second.

7.
Opinions of experts fairly sought and revealed in deposition or other discovery
shall not be supplemented at trial.

8.
The witness and exhibit lists shall contain no surprises; any information sought by
other discovery devices and revealed for the first time on the witness or exhibit
lists will be inadmissible at trial.

9.
All documents and pleadings described above shall be delivered or telefaxed to
opposing counsel on the date they are delivered to the Court.

10.
Jurors get upset if they have to wait, so counsel shall make sure that they have
witnesses available to fill the day.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

09/08/2004

Docket Code 089
Form V000A
Page 3

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

09/12/2005

Docket Code 079
Form V000A
Page 1

CLERK OF THE COURT
JUDGE PRO TEM GLENN M. DAVIS
D. Glab

Deputy

FILED: 09/15/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

SWANSON OIL & GAS INC
C/O THE ROEMER OIL COMPANY
1200 17TH ST STE 2350
DENVER CO 80202
DISCOVER RESORTS ARIZONA L L C
C/O DOUGLAS R VANDE KROL
7333 E DOUBLETREE RANCH #200
SCOTTSDALE AZ 85258
GREGORY G MCGILL
EDWARD J RIBADENEIRA

CASE DISMISSED (PARTIAL)

IT IS ORDERED dismissing With Prejudice all claims by plaintiffs against Defendants
Crescent Club Investors I, Ltd., Judy W. Grimes, Marcia L. Forman, Richard D. Doermer, marda
Properties, LLC, Private Retreats Whitewing, LLC, Daniel E. Cohn, Annette C. Coggio, John
and Kathryn Riess, Sandra J. Autrey, Michael and Carol Rolfs, David R. and Patricia L. Laube,
Frank J. and Erin M. Martorella, and Harry H. Diamond, Inc. with each party to bear its own
attroneys’ fees and costs incurred, all in accordance with the Order of Dismissal With Prejudice
signed by the Court August 29, 2005, and entered (filed) by the Clerk on September 12, 2005.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

09/19/2005

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
HON. COLIN F. CAMPBELL
E. Schneider

Deputy

FILED: 09/21/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.

GREGORY G MCGILL

MINUTE ENTRY

1:38 p.m. This is the time set for oral argument on pending motions. Plaintiff is
represented by Frederick E. Davidson and Brian G. Lester. Defendant Michael Hutchings is
present and represented by counsel Gregory G. McGill.

Court Reporter: Amy Prellwitz-Fuller

Discussion is held about the relief requested by Plaintiff and Defendant’s defenses.

Argument is presented on the following motions:

1.
Plaintiff’s Motion for Order Compelling Discovery.

2.
Plaintiff’s Motion for Reconsideration re: Court’s Minute Entry dated
February 3, 2005, filed February 7, 2005, or Motion for Clarification.

3.
Plaintiff’s Motion for Sanctions for Failure to Disclose Unfavorable Information.

4.
Plaintiff’s Motion that Facts be Taken as Established for Failure to Comply with
Discovery Order.

Defendant Hutchings’ Objection to Plaintiff’s Motion for Default Judgment Against
Discover Resorts Entities and Plaintiff’s Motion to Strike is also pending.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

09/19/2005

Docket Code 056
Form V000A
Page 2

2:55 p.m. Court stands at recess.

3:31 p.m. Court reconvenes with respective counsel and Defendant Hutchings present.

Court Reporter: Amy Prellwitz-Fuller

The record should reflect that the Court talked with counsel in chambers.

IT IS ORDERED setting an evidentiary hearing on the issue of sanctions on Monday,
October 17, 2005 at 1:30 p.m. Each side will have one (1) hour to present their case.

NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the
division three (3) court business days before the scheduled hearing.

NOTE: JUDGE CAMPBELL IS LOCATED IN THE OLD COURTHOUSE, 125
W. WASHINGTON, SUITE 309, PHOENIX, ARIZONA 85003 (TELEPHONE NUMBER
(602) 506-3837).

IT IS FURTHER ORDERED that, prior to the evidentiary hearing, counsel shall provide
to the Court a binder containing copies of the pleadings that were before Judge O’Melia on the
summary judgment motions and also provide copies of Judge O’Melia’s rulings.

3:37 p.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

09/23/2004

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 09/27/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
GREGORY L MILES

MINUTE ENTRY

The Controverting Certificate is denied. The case is set for trial on March 1, 2005.
Discovery may continue until 60 days before trial.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/26/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
10/25/2006
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. COLIN F. CAMPBELL
M. Sahli
Deputy
TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON
v.
CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA
GREGORY G MCGILL
EDWARD J RIBADENEIRA
MICHAEL E GERITY
MINUTE ENTRY
The Court having received Stipulation to Extend Briefing and Oral Argument Schedule,
IT IS ORDERED granting the Stipulation.
IT IS FURTHER ORDERED approving and settling formal written Order signed by the
Court this date and filed (entered) by the Clerk this date.
IT IS FURTHER ORDERED setting oral argument for January 22, 2007 at 9:00 a.m.
before:
Honorable Colin F. Campbell
Maricopa County Superior Court
125 W. Washington
Old Courthouse, Courtroom 309
Phoenix, AZ 85003
(602) 506-3837

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2003-019231
10/25/2006
Docket Code 094
Form V000A
Page 2
Counsel’s arguments are limited to five (5) minutes per side. If additional time is
requested, counsel shall contact the Court.
If the parties’ Motions contain citations to out-of-state cases, that party shall
provide the Court with copies of those cases.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

10/28/2004

Docket Code 049
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 11/01/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
TERESITA T MERCADO

GREGORY G MCGILL
GREGORY L MILES

MINUTE ENTRY

The Court has considered the memoranda and awards the Ribadab Defendants $2,840.25
as fees and costs. The Judgment is signed by the Court on October 27, 2004 and filed (entered)
by the Clerk on October 28, 2004.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

11/07/2005

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HON. COLIN F. CAMPBELL
M. Sahli

Deputy

FILED: 11/09/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL

EVIDENTIARY HEARING
MINUTE ENTRY

10:00 a.m. This is the time set for Evidentiary Hearing. Plaintiff is represented by
counsel, Frederick Davidson and Brian Lester. Defendant Michael Hutchings is present with
counsel, Gregory McGill.

A recording of this proceeding is made by CD (FTR) in lieu of a court reporter.

Plaintiff’s exhibits 1 through 9, inclusive, are marked for identification.

Michael Hutchings is sworn and testifies.

Plaintiff’s exhibits 10, 1l and 12 are marked for identification.

Plaintiff’s exhibits 13 through 16, inclusive are marked for identification.

Plaintiff’s exhibits 17 through 20, inclusive are marked for identification

The witness is excused.

Brian Lester is sworn and testifies.

Plaintiff’s exhibits 21 through 23, inclusive are marked for identification.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

11/07/2005

Docket Code 005
Form V000A
Page 2

The witness is excused.

James Hunsberger is sworn and testifies.

Defendant’s exhibit 24 is marked for identification.

11:18 a.m. Court stands at recess.

11:31 a.m. Court reconvenes with respective parties and counsel present.

A recording of this proceeding is made by CD (FTR) in lieu of a court reporter.

The witness resumes the stand and testifies further.

Defendant’s exhibit 25 is marked for identification.

Defendant’s exhibits 24 and 25 are received in evidence.

Plaintiff’s exhibits 1 through 23, inclusive, are received in evidence.

Defendant’s exhibits 26 and 27 are marked for identification.

Defendant’s exhibits 28 and 29 are marked for identification.

Defendant’s exhibit 29 is received in evidence.

IT IS ORDERED continuing Evidentiary Hearing to Tuesday, November 8, 2005 at
8:30 a.m. in this division.

Discussion is held re Trial date for Preliminary Injunction.

IT IS ORDERED setting Trial to the Court for Friday, December 9, 2005 at 9:30 a.m.
in this division.

THE HONORABLE COLIN F. CAMPBELL
125 W. WASHINGTON, SUITE 309
PHOENIX, ARIZONA 85003
(602)506-3837

IT IS FURTHER ORDERED as follows:

No less than five (5) judicial days prior to the trial, counsel (or the parties) shall file:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

11/07/2005

Docket Code 005
Form V000A
Page 3

A.
Any trial memoranda (optional), which will be in lieu of post-trial briefs unless
otherwise requested by the Court at the conclusion of the trial.

B.
Proposed findings of fact and conclusions of law (if a request for findings of fact
and conclusions of law has been or will be filed).

C. At least one week before trial, the trial lawyers shall make an appointment for
themselves or their knowledgeable assistants to meet with the Clerk of this division before
10:00 a.m. two (2) court days before trial, presenting all exhibits. The exhibits will be marked
serially as they are listed in the pretrial statement – plaintiff’s first, defendant’s second. Please
advise the Clerk, referring specifically to the pretrial statement, which exhibits may be marked
directly in evidence.

11:52 a.m. Court stands at recess until 8:30 a.m. on November 8, 2005.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

11/08/2005

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HON. COLIN F. CAMPBELL
M. Sahli

Deputy

FILED: 11/10/2005

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL

EVIDENTIARY HEARING
MINUTE ENTRY
DAY TWO

8:35 a.m. Evidentiary Hearing continues from November 7, 2005. Plaintiff is
represented by counsel, Frederick Davidson and Brian Lester. Defendant Michael Hutchings is
present with counsel, Gregory McGill.

A recording of this proceeding is made by CD (FTR) in lieu of a court reporter.

James Hunsberger resumes the stand and testifies further.

The witness is excused.

9:19 a.m. Court stands at recess.

11:03 a.m. Court reconvenes with respective parties and counsel present.

A recording of this proceeding is made by CD (FTR) in lieu of a court reporter.

The Court is advised that the parties have reached an agreement on the issues, which is
stated on the record.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

11/08/2005

Docket Code 005
Form V000A
Page 2

Pursuant to Rule 80(d), Rules of Civil Procedure, the agreement having been made in
open Court, it is binding on the parties and effective this date.

IT IS ORDERED the Court shall retain jurisdiction in this matter.

IT IS FURTHER ORDERED the parties shall submit a Stipulated Injunction for the
Court’s signature.

IT IS FURTHER ORDERED vacating Bench Trial set for December 9, 2005 in this
division.

IT IS FURTHER ORDERED placing this matter on the Inactive Calendar for dismissal
on January 15, 2006 without further notice unless prior to that date a proper Judgment is entered
or filed, a Stipulation for Dismissal is presented, or a Motion to Set and Certificate of Readiness
is filed.

11:13 a.m. Matter concludes.

The hearing having been completed and there being no further need to retain the exhibits
not offered in evidence in the custody of the Clerk of Court,

IT IS ORDERED that the Clerk permanently release all exhibits not offered in evidence
to the counsel/party causing them to be marked or their written designee. Counsel/party or
written designee 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 Exhibit Department of the Clerk’s Office. The Court’s exhibit tag must remain intact on all
refiled exhibits.

ISSUED: Exhibit Release Form (1)

FILED: Hearing Worksheet; Exhibit Worksheet

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

11/15/2004

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 11/17/2004

TROON NORTH ASSOCIATION
ROBIN M WOLFHARD

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
GREGORY L MILES

MINUTE ENTRY

IT IS ORDERED setting oral argument for January 11, 2005 at 9:00 a.m. in this
division re: (1) Defendants’ Motion for Summary Judgment by Hutchings, Thomas and
Loughran; and (2) Defendant Thomas’ Motion to Strike Affidavit of Plaintiff’s Ex-Attorney
Traylor Richardson.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

11/24/2004

Docket Code 077
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 12/01/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
GREGORY L MILES

MINUTE ENTRY

The Court has considered the memoranda. The Motion for Clarification is granted, and
an amended Judgment is signed. The October 27, 2004 Judgment is vacated. Sorry for the
confusion.

FILED: Amended Judgment Awarding Damages and Attorneys Fees signed by the Court
on November 22, 2004 and filed (entered) by the Clerk on November 24, 2004.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

11/24/2004

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 12/01/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
GREGORY L MILES

MINUTE ENTRY

The Court has considered the memoranda on the Plaintiff’s Motion for a Supersedeas
Bond and Stay of the Judgment. Bond shall be in the amount of $30,000.00.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

12/16/2004

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 12/20/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
TERESITA T MERCADO

GREGORY G MCGILL
EDWARD J RIBADENEIRA

MINUTE ENTRY

IT IS ORDERED setting oral argument for February 18, 2005 at 10:00 a.m. in this
division re: Plaintiff’s Motion to Extend Discovery Deadline.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2003-019231

12/20/2004

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MICHAEL J. O'MELIA
A. Beery

Deputy

FILED: 12/22/2004

TROON NORTH ASSOCIATION
FREDERICK E DAVIDSON

v.

CRESCENT CLUB INVESTORS I LTD, et al.
BRIAN A CABIANCA

GREGORY G MCGILL
EDWARD J RIBADENEIRA

MINUTE ENTRY

Without response, the Motion to Perpetuate Testimony Pending Appeal is denied.

Documents