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Maricopa County Superior Court Case CV2009-035301: public docket details, parties, minute entries, documents, and official source links for Village At Grayhawk Owners Association.

Case Number

CV2009-035301

County

Maricopa

Caption

Not captured

Filed

11/13/2009

Case Type

Civil

Judge

Blanchard, John

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/07/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
01/05/2011
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
ANGELA L POTTS
v.
CAROLYNN DEGRACE, et al.
WILLIAM M KING
MATHIS BECKER
RULING
The Court having considered Plaintiff’s November 22, 2010 Motion to Enforce
Settlement Agreement (hereafter referred to as the “Motion”) and Defendant Griffin’s December
13, 2010 Joinder in Motion (“Joinder”), and good cause not appearing,
IT IS ORDERED denying the Motion and Joinder without prejudice to movants re-
filing, specifying the specific manner by which they wish for the Court to enforce their
agreement, and stating the specific legal authority that permits the Court to take the action they
request.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/20/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
01/18/2011
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
ANGELA L POTTS
v.
CAROLYNN DEGRACE, et al.
WILLIAM M KING
MATHIS BECKER
RULING
The Court having considered the January 12, 2011 Joint Motion to Enforce Rule 80(d)
Agreement, filed by Plaintiff and Defendant Estate of Griffin,
IT IS ORDERED granting the parties’ joint motion.
IT IS FURTHER ORDERED the parties shall submit a proposed form of judgment
within 30 days of the entry (filed) date of this minute entry.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/21/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
03/17/2011
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
ANGELA L POTTS
v.
CAROLYNN DEGRACE, et al.
WILLIAM M KING
MATHIS BECKER
DOCKET-CIVIL-CCC
ORDER OF THE COURT
On March 1, 2011 the Court electronically modified and granted the proposed Order and
Judgment submitted by counsel for the Estate of Cecil Griffin. However, believing the electronic
approval encountered irreparable difficulties that would prevent it from being released through
the eFile system, the Court signed a hard copy version of the modified order on March 1, 2011;
which was entered (filed) by the courtroom clerk on March 2, 2011. Thereafter, the Court was
notified that the electronic version was ultimately approved through the eFiling system, bearing a
file date of March 1, 2011; thereby causing two versions of the Order and Judgment to be
docketed in the file and sent to the parties. In order to clarify the record in this matter,
IT IS ORDERED vacating the March 1, 2011 electronic version of the Order and
Judgment filed by the clerk on March 1, 2011.
IT IS FURTHER ORDERED affirming the March 1, 2011 Order and Judgment filed by
the clerk on March 2, 2011 at 11:30 a.m.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/05/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
05/03/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
ANGELA L POTTS
v.
CAROLYNN DEGRACE, et al.
WILLIAM M KING
MATHIS BECKER
ALTERNATIVE DISPUTE
RESOLUTION - CCC
ORDER OF THE COURT
Pursuant to the parties’ April 28, 2010 Stipulation Requesting a Settlement Conference
and Extension to Respond to Pending Motion for Summary Judgment, and the May 1, 2010
Order granting same, electronically signed by the Court,
IT IS ORDERED the parties shall participate in a mandatory settlement conference.
This case is referred to the court’s Alternative Dispute Resolution Department 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 no later than September 1, 2010. The Office of Alternative Dispute
Resolution will not do the scheduling of the settlement conference so please do not contact that
office.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
05/03/2010
Docket Code 023
Form V000A
Page 2
All counsel and their clients, or non-lawyer representatives who have full and complete
authority to settle the case, shall personally appear and participate in good faith in the Settlement
Conference. Sanctions may be imposed for failure to participate.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/23/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
07/20/2010
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
ANGELA L POTTS
v.
CAROLYNN DEGRACE, et al.
WILLIAM M KING
MATHIS BECKER
MICHAEL E HENSLEY
ALTERNATIVE DISPUTE
RESOLUTION - CCC
ORDER SIGNED
The Court having considered the parties’ July 8, 2010 Stipulation to Extend the Deadline
of Settlement Conference, and good cause appearing,
IT IS ORDERED extending the Settlement Conference deadline in this matter to and
including November 1, 2010, all in accordance with the Order electronically signed by the Court
on July 16, 2010.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/30/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
07/28/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
ANGELA L POTTS
v.
CAROLYNN DEGRACE, et al.
WILLIAM M KING
MATHIS BECKER
ORDER OF THE COURT
The Court having considered the parties’ July 8, 2010 Stipulation to Extend on the
Inactive Calendar,
IT IS ORDERED that the parties shall submit a Joint Pretrial Memorandum as set forth
below.
The Court will review the Joint Pretrial Memorandum and proposed Scheduling Order
prescribed herein. The Court may adopt or modify the discovery and disclosure schedule order
and set a scheduling conference for purposes of setting a trial date. If counsel believe that a
pretrial conference is necessary at this stage of the litigation, they should address the reasons for
the need for a pretrial conference in the first paragraph of the Joint Pretrial Memorandum.
If the parties fail to file a timely memorandum, sanctions may issue pursuant to Rule
16(f).
IT IS FURTHER ORDERED:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
07/28/2010
Docket Code 023
Form V000A
Page 2
All counsel are directed to meet personally to discuss all of the matters set forth in Rule
16(b). Counsel shall prepare and file with the Court by 5 p.m. on August 31, 2010, a Joint
Pretrial Memorandum, and prepare a proposed order for Discovery and Disclosure deadlines.
The proposed order shall include dates for the following items and conform substantially with
the attached sample order.
1.
A date or dates for initial disclosures and/or to supplement disclosures made to
date.
2.
An initial and final date to propound written discovery requests that shall
include, as far as can reasonably be anticipated, any and all medical examinations
which may be required of any of the parties; the person or persons to conduct such
examinations; and all tangible evidence to be disclosed or exchanged.
3.
A date for the initial and final disclosure of all non-expert witnesses, and/or to
supplement disclosures made to date.
4.
A date for the initial and final disclosure of the identities, subject matter, and
reports of expert witnesses, and/or to supplement disclosures made to date.
5.
A date for completion of all depositions.
6.
A date by which any motions to amend the pleadings will be filed.
7.
A date by which all discovery motions will be filed.
8.
A date by which all dispositive or partially-dispositive motions shall be filed.
9.
A proposed date for a Mandatory Settlement Conference pursuant to Rule
16.1. Alternatively, the parties may propose a deadline by which they will
participate in private mediation.
10.
The anticipated length of trial.
If the parties agree as to the dates, they need only prepare, approve as to form, and submit
the proposed order attached hereto. If counsel are unable to agree on some or all of the items set
forth in the attached form of order, they shall submit their agreements in the form of the attached
form of order, and, as to any disagreements, state their separate proposals and reasons for any

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
07/28/2010
Docket Code 023
Form V000A
Page 3
disagreements. All proposed deadlines shall be set forth as calendar dates, and not in the
form “XX days before trial.”
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rules of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of courtesy, but to ensure that no party suffers
summary disposition on an issue by virtue of an extension as to which the Court is not aware.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
07/28/2010
Docket Code 023
Form V000A
Page 4
[Proposed] Scheduling Order
The Court having received the parties’ Joint Comprehensive Pretrial Conference
Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
(1)
Initial disclosures shall be exchanged by: (MM/DD/YYYY)
(2)
Written discovery shall be propounded by: (MM/DD/YYYY)
(3)
Written discovery shall be completed by: (MM/DD/YYYY)
(4)
Final non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(6)
Plaintiff’s final expert disclosures shall be served by: (MM/DD/YYYY)
Defendant’s final expert disclosures shall be exchanged by: (MM/DD/YYYY)
Rebuttal expert disclosures shall be exchanged by: (MM/DD/YYYY)
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
All discovery motions shall be filed by: (MM/DD/YYYY)
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
Dispositive Motions shall be filed by: (MM/DD/YYYY)
(11)
The parties remaining in this action shall participate in private mediation by
(MM/DD/YYYY). OR The parties remaining in this action shall participate in a
Mandatory Settlement Conference (ADR) by (MM/DD/YYYY) (Note: only one
of the preceding two options shall be included in the proposed order.)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
07/28/2010
Docket Code 023
Form V000A
Page 5
(12)
The following number of days will be required to pick a jury and try this matter:
____
(13)
The provisions of subsections (a) through (g) of Rule 38.1, ARCP, shall not apply
to this proceeding.
IT IS FURTHER ORDERED setting a telephonic Status Conference to be initiated by
the Plaintiff(s) in this matter on [counsel to leave this date blank] (time allotted: 15 minutes), in
this Division. All attorneys and any parties appearing telephonically shall appear on land lines
and not on cellular telephones. Additionally, counsel shall have their calendars available for
this proceeding.
THE HONORABLE HUGH E. HEGYI
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
6TH FLOOR, COURTROOM 611
PHOENIX, AZ 85003
602-506-3963 TEL
602-372-8636 FAX
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Any party may request the presence of a court reporter by contacting this division
(602-506-3963) three (3) court business days before the scheduled hearing.
IT IS FURTHER ORDERED that in no less than five days prior to the Status
Conference set herein, the parties shall submit a joint status report to the Court regarding the
history and status of the case and efforts at Alternative Dispute Resolution pursuant to ARCP
Rule 16(g).
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel
shall use good faith efforts to meet and confer in person or by telephone. If such conference is
unsuccessful, counsel are strongly urged to initiate a conference call with this Division to give it
an opportunity to attempt to decide the issues without the expense and delay of filing a motion to
compel or motion for protective order.

MOTIONS: Counsel are directed to send a copy of case or other authority (except
Arizona state appellate cases) referred to in a pleading to this Division at the time the pleading is
filed.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/25/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
08/23/2010
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
ANGELA L POTTS
v.
CAROLYNN DEGRACE, et al.
WILLIAM M KING
MATHIS BECKER
DOCKET-CIVIL-CCC
RULING
The Court having considered Plaintiff’s July 8, 2010 Motion for Substitution of
Defendant, no response having been received, and good cause appearing,
IT IS ORDERED granting the motion and ordering that the Estate of Cecil L. Griffin be
substituted in this action as Defendant in the place of Cecil L. Griffin.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/15/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
10/13/2010
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
ANGELA L POTTS
v.
CAROLYNN DEGRACE, et al.
WILLIAM M KING
MATHIS BECKER
RULING
The Court having considered Defendant Cecil Griffin’s July 20, 2010 Motion to Compel
(hereafter referred to as the “Motion”); Defendant Carolyn DeGrace’s August 30, 2010 Response
to the Motion (“Response”); no reply having been received; and it appearing from the Response
that Defendant Griffin has now received the production sought,
IT IS ORDERED denying the Motion as moot without prejudice.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/16/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
12/14/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
ANGELA L POTTS
v.
CAROLYNN DEGRACE, et al.
MATHIS BECKER
COURT ADMIN-CIVIL-ARB DESK
RULING
The Court having considered Plaintiff’s November 13, 2009 Certificate of Compulsory
Arbitration and Defendants’ December 10, 2009 Controverting Certificate,
THE COURT FINDS this matter is not subject to compulsory arbitration because it
requests declaratory relief.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/24/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
12/23/2009
Docket Code 530
Form V530
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
ANGELA L POTTS
v.
CAROLYNN DEGRACE, et al.
MATHIS BECKER
COURT ADMIN-CIVIL-ARB DESK
E-FILE CASE MANAGEMENT
CASE DESIGNATED FOR PARTICIPATION IN THE COURT'S E-FILING PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2007-140,
IT IS ORDERED that all pleadings in this case be electronically filed.
The electronic filing system will be available for immediate use and mandatory e-filing
will commence on January 25, 2010. Filing by conventional means may continue until this
mandatory date. ALL FILINGS NOT EFILED AFTER THE MANDATORY DATE MAY
NOT BE CONSIDERED BY THE DIVISION UNTIL PROPERLY EFILED.
IT IS FURTHER ORDERED if service has not yet been completed as to some or all of
the Defendants, then it is the Plaintiff's responsibility to forward this minute entry to later
appearing parties.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
12/23/2009
Docket Code 530
Form V530
Page 2
You may now choose to use the Clerk of Court hosted eFiling system, or one of the
Court's qualified eFiling service providers to electronically file your pleadings. Please visit the
following web site for more information on your options for eFiling.
http://www.clerkofcourt.maricopa.gov/efiling/default.asp
To assist in the transition to eFiling, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the eFiling system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory eFiling
date. The web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp
Additionally, please be sure to review the eFiling Guidelines set forth by Administrative
Order 2007-140 at the following web site address:
https://efiling.clerkofcourt.maricopa.gov/efilingguidelines
Upon the mandatory eFiling date, all attorneys of record shall eFile all pleadings in
accordance with the guidelines set forth in Administrative Order 2007-140. Self-represented
parties or pro per litigants, and other case participants like Mediators, Arbitrators, and Special
Discovery Masters are strongly encouraged to eFile all pleadings. If a self-represented party, or
other case participant chooses to file their pleading in paper, they shall include a notation just
under the case number on the first page of the pleading that the case is an “EFILE CASE”.
The eFiling system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
Where filing fees may incur on an electronic filing, they may be paid by credit card at the
time of filing if the filing party choose to use a qualified eFiling service provider. If the filing
party chooses to use the Clerk of Court's hosted eFiling system, the filing party is to pay at the
time the document is eFiled by calling 602-506-2565 to pay by phone with Visa or Mastercard,
or the fee is to be paid at the File Counter prior to eFiling a document that requires a fee. Please
do not mail checks for filing fees to the Clerk's Office. Bonds cannot be paid with credit card.
Documents will be rejected within two days if statutorily required fees are not paid.
eFiled Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-035301
12/23/2009
Docket Code 530
Form V530
Page 3
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
The Court strongly encourages filing parties to submit all proposed forms of order in
a Microsoft Word format because that format allows judicial officers to make minor changes to
an existing order and issue it electronically.
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summer Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to
Defendant's Motion for Summary Judgment on Negligence." No response to a motion shall
contain a separate motion, except in the case of a cross-motion bearing the same designation.

Documents