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Maricopa County Superior Court Case CV2007-053132: public docket details, parties, minute entries, documents, and official source links for Canterra At Squaw Peak Condominium Association Inc.

Case Number

CV2007-053132

County

Maricopa

Caption

Not captured

Filed

11/16/2007

Case Type

Civil

Judge

Gordon, Michael

Location

Northeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/13/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
01/04/2010
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
BRIAN J FOSTER
JURY TRIAL RESET
The court has considered Defendant’s Motion to Continue Trial and Plaintiff’s Response.
IT IS ORDERED granting Defendant’s Motion to Continue Trial.
IT IS FURTHER ORDERED vacating the Trial to a Jury set for January 19, 2010 at
9:00 a.m. and resetting the same on March 1, 2010 at 9:00 a.m. in this division.
Estimated length of trial is: 5 days.
IT IS FURTHER ORDERED vacating the Final Pretrial Conference/Oral Argument on
Motions in Limine set for January 8, 2010 at 9:00 a.m. and resetting the same on February 19,
2010 at 9:00 a.m. in this division (time allotted: 1 hour).

IT IS FURTHER ORDERED that no later than February 22, 2010, counsel or their
designated representative shall deliver all trial exhibits along with a list of exhibit descriptions to
the clerk of this division. All trial exhibits shall have been exchanged prior to that time. No
duplicate exhibits shall be presented for marking. The exhibits will be marked numerically and

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
01/04/2010
Docket Code 064
Form V000A
Page 2
consecutively. Plaintiff(s) exhibits will be marked first followed by Defendant(s). Exhibits will
be marked as they are received. The clerk cannot reserve numbers for exhibits that will be
provided at a later date. Subsections of exhibits will be marked as the next available number.
Do NOT use subsections of exhibits (ex. 4a or 4.1). Please use the next consecutive number.
Please DO NOT place exhibits in 3-ring binders when submitting them to the court.
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 this
division three (3) court days before the scheduled hearing.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/12/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
01/06/2009
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Plaintiff’s Motion for Partial Summary
Judgment on the Issue of Liability and Defendants’ Cross Motion for Summary Judgment
for January 23, 2009 at 1:30 p.m. (1 hour allotted) before:
JUDGE BRIAN R. HAUSER
NORTHEAST REGIONAL COURT CENTER
18380 N. 40TH STREET
COURTROOM 109
PHOENIX, ARIZONA 85032
(602) 506-6086

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/20/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
01/14/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
RULING
The court has considered plaintiff's motion to strike defendants’ notice of non-party at
fault and the reply. Defendants failed to e-file their response and failed to correct that error
despite being advised by minute entry of the need to e-file their response. For good cause
shown,
IT IS ORDERED granting the motion to strike defendants’ notice of non-party at fault.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/25/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
01/20/2010
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
BRIAN J FOSTER
RULING
The court has considered Defendant’s Motion to Reconsider Denial of Defendant’s
Motion to Exclude Undisclosed Evidence, the Response and the Reply.
IT IS ORDERED denying Defendant’s motion to reconsider denial of Defendant’s
motion to exclude undisclosed evidence.
IT IS FURTHER ORDERED that Plaintiff shall disclose and deliver to Defendant copies
of all evidence it will offer at trial in support of its claim for consequential damages no later than
February 10, 2010. Any evidence of consequential damages not so produced shall not be
admitted at trial.
LET THE RECORD REFLECT that counsel have been sent a copy of this minute entry
by facsimile transmission this date.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/29/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
01/26/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
RULING
IT IS ORDERED granting Defendants’ motion to reconsider order granting plaintiff’s
motion to strike defendants’ notice of non-party at fault. The motion to strike will be deemed
submitted after the filing of a response and reply.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/02/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
01/29/2010
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
BRIAN J FOSTER
ORDER ENTERED BY COURT
The court has received Defendant’s Notice of Errata Regarding Oral Argument on
Motion to Dismiss.
IT IS ORDERED lodging Defendant’s Notice of Errata Regarding Oral Argument on
Motion to Dismiss as a motion to reconsider with a response and reply permitted.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/03/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
01/30/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
RULING
The court has considered plaintiff’s motion to strike defendants’ notice of non-party at
fault, the response and reply.
IT IS ORDERED granting the motion.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/09/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/05/2009
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
MATTER UNDER ADVISEMENT
9:26 a.m. This is the time set for Oral Argument on Plaintiff’s Motion for Partial
Summary Judgment on the Issue of Liability and Defendant’s Cross Motion for Summary
Judgment. Plaintiff is represented by counsel, Brian M. Bergin. Defendant Canterra at Squaw
Peak Condominium Association is represented by counsel, Mark A. Holmgren.
Court Reporter, Melody O’Donnell, is present as well as a record of the proceedings
being made by audio and/or videotape.
Arguments are heard.
IT IS ORDERED taking this matter under advisement.
10:09 a.m. Hearing concludes.
LATER:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/05/2009
Docket Code 020
Form V000A
Page 2
IT IS ORDERED denying plaintiff’s motion for partial summary judgment on liability.
There are numerous questions of fact regarding whether the Association defendant timely
performed its duties under the CC&R’s.
IT IS FURTHER ORDERED granting defendant’s motion for summary judgment on
plaintiff’s non-contract claims as they are barred by the applicable statutes of limitations. No
reasonable jury could find other than that plaintiff’s loss or injury occurred on October 17, 2005
when the defendant Association declared that there would be no repairs to the defective
balconies until the litigation between the Association and the developer was concluded. If the
defendant Association breached its obligation under the CC&R’s or otherwise failed to satisfy its
duty to plaintiff with respect to the defective balcony, such breach or failure first occurred then.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/17/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/16/2010
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
STATUS CONFERENCE SET
The court having received Defendant’s Motion to Continue Trial,
IT IS ORDERED setting a Telephonic Status Conference on February 17, 2010 at 9:30
a.m. (15 minutes allotted) in this division. Counsel for the Defendant is to initiate the phone
conference (602) 506-6086.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/19/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/17/2010
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
STATUS CONFERENCE HELD
9:45 a.m. This is the time set for Telephonic Status Conference Re: Defendant’s Motion
to Continue Trial. Plaintiff Dominick Abatemarco is present and represented by counsel, Brian
M. Bergin. Defendant is represented by counsel, Mark A. Holmgren.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Arguments are heard.
IT IS ORDERED denying Defendant’s Motion to Continue Trial.
IT IS FURTHER ORDERED that the newly discovered expert is precluded unless the
issue is raised by the Defendant at trial.
The court expects cooperation of the parties with respect to scheduling the remaining
depositions prior to trial.
9:55 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/17/2010
Docket Code 029
Form V000A
Page 2
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/26/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/19/2010
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
PRETRIAL CONFERENCE RESET
Defense counsel’s office having mis-calendared today’s hearing,
IT IS ORDERED vacating the Final Pretrial Conference/Oral Argument on Motions in
Limine set for February 19, 2010 at 9:00 a.m. and resetting the same to February 22, 2010 at
8:30 a.m. in this division.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/01/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/22/2010
Docket Code 027
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
PRETRIAL CONFERENCE HELD
8:32 a.m. This is the time set for Final Pretrial Conference/Oral Argument on Motions in
Limine. Plaintiff is present and represented by counsel, Brian M. Bergin, Ken Frakes and Brian
Foster. Defendant is represented by counsel, Mark A. Holmgren, Josh Bolen and Kellie
Callahan.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Trial to a jury is confirmed for: March 1, 2010 at 9:00 a.m. The estimated length of
trial is: 5 days.
Trial protocol is discussed.
Counsel agree that the jury in this case will consist of eight jurors plus one alternate
juror. Seven of the nine jurors will be necessary to return a verdict in this case. Counsel further
agree that the alternate juror can deliberate.
Each side will have five peremptory strikes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/22/2010
Docket Code 027
Form V000A
Page 2
IT IS ORDERED directing counsel to file and exchange their proposed voir dire
questions no later than February 26, 2010.
IT IS FURTHER ORDERED affirming the court’s previous order that all trial exhibits
shall be delivered to this division’s clerk no later than 5:00 p.m. today.
Defendant is requesting a court reporter. The court will put in a request for a court
reporter but counsel are informed that there is no guarantee that one will be available for trial.
Both sides invoke the Rule of Exclusion of Witnesses.
Motions in limine are argued.
IT IS ORDERED denying Plaintiff’s First Motion in Limine to Exclude all Evidence and
Testimony Regarding Advice Given by Dicks Coglianese Lipson & Shuquem, PC.
IT IS FURTHER ORDERED deeming Plaintiff’s Motion in Limine to Exclude All
Extrinsic Evidence and Testimony Regarding Greg Yurkiw’s Knowledge of the Subject
Balcony’s Defects and the Association’s Instruction to Stay off the Balconies as moot.
IT IS FURTHER ORDERED deeming Defendant’s Motion to Strike Plaintiff’s Motion
in Limine Regarding Testimony of Greg Yurkiw as moot.
IT IS FURTHER ORDERED denying Defendant’s Motion in Limine to Exclude
Appraisal Opinion of Jan Sell Regarding “As Is” Value of Plaintiff’s Unit.
IT IS FURTHER ORDERED denying Defendant’s Motion in Limine Regarding Value
“As If Unaffected.”
IT IS FURTHER ORDERED granting Defendant’s Motion in Limine Regarding “Non-
Delegable Duty.”
IT IS FURTHER ORDERED deeming Defendant’s Motion in Limine Regarding
Mortgage Principal Payments as moot.
IT IS FURTHER ORDERED taking Defendant’s Motion in Limine Regarding Other
Balconies under advisement.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/22/2010
Docket Code 027
Form V000A
Page 3
Discussion is held regarding jury selection, bench conferences, offers of proof,
examination of witnesses, making objections, and questions from the jury.
9:07 a.m. Hearing concludes.
LATER:
IT IS ORDERED granting Defendant’s Motion in Limine Regarding Other Balconies.
IT IS FURTHER ORDERED, pursuant to Rule 42(b), Arizona Rules of Civil Procedure,
that the issue of whether the court’s preliminary injunction ought to be made final with respect to
other balconies shall be determined in a separate hearing, set upon request of any party.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/04/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/25/2008
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
EVIDENTIARY HEARING HELD
Prior to the commencement of Trial, Plaintiff’s exhibit numbers 1-22 and Defendants’
exhibit numbers 23-38 are marked for identification.
1:33 p.m. This is the time set for Evidentiary Hearing Re: Application for Preliminary
Injunction. Plaintiff, Dominick Abatemarco, is present and represented by counsel, Brian M.
Bergin. Defendants’ representative, Eric Hayes, is present and represented by counsel, Mark A.
Holmgren.
Court Reporter, Kim Hannan, is present.
Upon stipulation of counsel,
Plaintiff’s exhibit numbers 1-22 and Defendants’ exhibit numbers 23-38 are received in
evidence subject to any duplicative exhibits being withdrawn.
Opening statements.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/25/2008
Docket Code 005
Form V000A
Page 2
Plaintiff’s case:
Dominick Abatemarco is sworn and testifies.
2:51 p.m. Court stands at recess.
3:12 p.m. Court reconvenes with respective parties and counsel present.
Court Reporter, Kim Hannan, is present.
Eric Hayes is sworn and testifies.
Plaintiff rests.
Defendants move for a directed verdict.
IT IS ORDERED denying Defendants’ motion for directed verdict.
The witness is excused.
Defendants rest.
Closing arguments.
IT IS ORDERED taking this matter under advisement.
4:40 p.m. Hearing concludes.
FILED: Exhibit Worksheet.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/01/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/25/2010
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
STATUS CONFERENCE SET
The court having received Plaintiff’s Emergency Motion to Strike/Motion in Limine Re
Late Disclosed Expert Opinions,
IT IS ORDERED setting a Telephonic Status Conference on February 26, 2010 at 9:00
a.m. (15 minutes allotted) in this division. Counsel for the Plaintiff is to initiate the phone
conference (602) 506-6086.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/01/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/26/2010
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
The court has considered Defendant’s Notice of Errata Regarding Oral Argument on
Motion to Dismiss, Plaintiff’s Response and Defendant’s Reply.
IT IS ORDERED denying Defendant’s motion to reconsider regarding counts one and
eight.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/03/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/26/2010
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
STATUS CONFERENCE HELD
9:05 a.m. This is the time set for Telephonic Status Conference. Plaintiff is represented
by counsel, Brian M. Bergin and Ken Frakes. Defendant is represented by counsel, Mark A.
Holmgren, Josh Bolen and Kellie Callahan.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Discussion is held regarding Plaintiff’s Emergency Motion to Strike/Motion in Limine
Re Late Disclosed Expert Opinions.
IT IS ORDERED granting this motion regarding Mr. Josephson’s testimony about this
late disclosed opinion.
IT IS FURTHER ORDERED that the court will address the Freslon issue at trial on
objection if any new opinion is raised.
9:14 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
02/26/2010
Docket Code 029
Form V000A
Page 2
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/05/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/01/2010
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
TRIAL MINUTE ENTRY
DAY 1
Prior to the commencement of trial, Plaintiff’s exhibit numbers 1-172, 274 and
Defendant’s exhibit numbers 173-273 are marked for identification. The exhibits are
admitted/offered/released as shown in the Exhibit Worksheet filed herein.
FILED: Depositions of Greg Yurkiw dated January 19, 2010, Dominick Abatemarco
dated December 18, 2009, Jan Alan Sell dated February 3, 2010, Eric Hayes dated January 27,
2010, David Dillon dated February 1, 2010, Elaine Acosta dated February 3, 2010 and Jean-
Marc R. Freslon dated February 18, 2010.
9:23 a.m. Trial to a Jury. Plaintiff Dominick Abatemarco is present and represented by
counsel, Brian M. Bergin, Ken Frakes and Catherine Adams. Defendant is represented by
counsel, Mark A. Holmgren, Josh Bolen, Kellie Callahan and Javier Delgado.
The prospective jury panel is present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/01/2010
Docket Code 012
Form V000A
Page 2
Voir dire examination of prospective jurors.
The following jurors are excused for hardship: 20, 21, 23, 27 and 31.
Hardships of jurors and strikes for cause are discussed.
The following jurors are excused for cause: 14.
10:20 a.m. Court stands at recess.
10:58 a.m. Court reconvenes with respective parties and counsel present. The
prospective jury panel is present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
The names of the trial jurors in this cause are read by the clerk.
Preliminary Jury Instructions are read.
Upon stipulation of counsel, Plaintiff’s exhibit number 117 is received in evidence.
Opening statements.
11:58 a.m. Court stands at recess.
1:30 p.m. Court reconvenes with respective parties and counsel present.
The jury is not present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Discussion is held regarding juror numbers 2 and 9. Counsel stipulate that juror numbers
2 and 9 may be dismissed and that five of the seven jurors will be necessary to return a verdict in
this case.
1:34 p.m. Court stands at recess.
1:42 p.m. Court reconvenes with respective parties and counsel present.
The jury is present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/01/2010
Docket Code 012
Form V000A
Page 3
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Plaintiff’s case:
Dominick Abatemarco is sworn and testifies.
Plaintiff’s exhibit number 3 is received in evidence.
Plaintiff’s exhibit number 94 is received in evidence.
Plaintiff’s exhibit number 74 is received in evidence.
3:03 p.m. Court stands at recess.
3:18 p.m. Court reconvenes with respective parties and counsel present.
The jury is present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Dominick Abatemarco resumes the stand and testifies further.
The witness is excused.
Portions of the videotaped deposition of Elaine Acosta dated February 3, 2010 are played
for the jury.
4:52 p.m. The jury is excused while court remains in session.
Let the record reflect the court has received written questions from the jury. Court and
counsel discuss the same off the record and out of the hearing of the jury.
4:53 p.m. Court stands at recess until 9:30 a.m. on March 2, 2010.
FILED: Defendants’ Designation of Transcript Portions From Videotaped Deposition of
Elaine Acosta, Jury List, Preliminary Jury Instructions, Juror Question.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/05/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/02/2010
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
TRIAL MINUTE ENTRY
DAY 2
9:33 a.m. Trial to a jury continues from March 1, 2010. Plaintiff Dominick Abatemarco
is present and represented by counsel, Brian M. Bergin and Ken Frakes. Defendant is
represented by counsel, Mark A. Holmgren, Josh Bolen and Kellie Callahan.
The jury is present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Plaintiff’s case continues:
Eric Hayes is sworn and testifies.
Plaintiff’s exhibit number 4 is received in evidence.
10:49 a.m. Court stands at recess.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/02/2010
Docket Code 012
Form V000A
Page 2
Let the record reflect the court has received a written question from the jury. The court
shows the question to counsel for follow-up.
11:08 a.m. Court reconvenes with respective parties and counsel present.
The jury is present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Eric Hayes resumes the stand and testifies further.
The witness is excused.
11:57 a.m. Court stands at recess.
1:35 p.m. Court reconvenes with respective parties and counsel present.
The jury is present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Dominic Petrocelli is sworn and testifies.
Plaintiff’s exhibit number 110 is received in evidence.
Plaintiff’s exhibit number 141 is received in evidence.
The witness is excused.
Jan Alan Sell is sworn and testifies.
3:18 p.m. Court stands at recess.
3:35 p.m. Court reconvenes with respective parties and counsel present.
The jury is present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Jan Alan Sell resumes the stand and testifies further.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/02/2010
Docket Code 012
Form V000A
Page 3
The witness is excused.
Plaintiff rests.
3:42 p.m. The jury is excused while court remains in session.
Defendant moves for directed verdict.
IT IS ORDERED denying Defendant’s motions for directed verdict.
3:46 p.m. The jury is present.
Defendant’s case:
Eric Hayes, previously sworn, resumes the stand and testifies further.
Plaintiff’s exhibit number 274 is received in evidence.
The witness is excused.
4:28 p.m. The jury is excused while court remains in session.
Discussion is held regarding scheduling.
4:30 p.m. Court stands at recess until 9:30 a.m. on March 3, 2010.
FILED: Juror Question, Deposition of Dominick Abatemarco dated February 21, 2008.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/05/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/03/2010
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
TRIAL MINUTE ENTRY
DAY 3
Prior to the commencement of trial,
FILED: Defendants’ Objection to Plaintiff’s Proposed Jury Instructions, Defendant’s
Designation of Transcript Portions from Deposition of Greg Yurkiw, and Addendum to
Defendants’ Proposed Jury Instructions.
9:27 a.m. Trial to a jury continues from March 2, 2010. Plaintiff Dominick Abatemarco
is present and represented by counsel, Brian M. Bergin and Ken Frakes. Defendant is
represented by counsel, Mark A. Holmgren, Josh Bolen and Kellie Callahan.
The jury is not present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Discussion is held regarding deposition designations.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/03/2010
Docket Code 012
Form V000A
Page 2
9:29 a.m. The jury is present.
Defendant’s case continues:
Michael Dicks is sworn and testifies.
Plaintiff’s exhibit number 275 is marked for identification.
Let the record reflect the court has received written questions from the jury. Court and
counsel discuss the same off the record and out of the hearing of the jury.
The witness testifies further.
The witness is excused.
Portions of the deposition of Greg Yurkiw dated January 19, 2010 are read to the jury.
David Dillon is sworn and testifies.
10:50 a.m. Court stands at recess.
11:05 a.m. Court reconvenes with respective parties and counsel present.
The jury is present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
David Dillon resumes the stand and testifies further.
The witness is excused.
Defendant rests.
11:11 a.m. The jury is excused while court remains in session.
Plaintiff moves for directed verdict.
IT IS ORDERED denying Plaintiff’s motion for directed verdict.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/03/2010
Docket Code 012
Form V000A
Page 3
11:14 a.m. The jury is excused until 11:00 a.m. on March 4, 2010.
11:16 a.m. Court stands at recess.
11:37 a.m. Court reconvenes with respective parties and counsel present.
The jury is not present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Court and counsel settle the final jury instructions.
12:28 p.m. Court stands at recess until 10:30 a.m. on March 4, 2010.
FILED: Deposition of Greg Yurkiw dated January 19, 2010 and Juror Question.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/10/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/04/2010
Docket Code 012
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
TRIAL MINUTE ENTRY
DAY 4
10:40 a.m. Trial to a Jury continues from March 3, 2010. Plaintiff Dominick
Abatemarco is present and represented by counsel, Brian M. Bergin and Ken Frakes. Defendant
is represented by counsel, Mark A. Holmgren, Josh Bolen and Kellie Callahan.
The jury is not present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Court and counsel discuss the final jury instructions.
10:42 a.m. Court stands at recess.
10:54 a.m. Court reconvenes with respective parties and counsel present.
The jury is present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/04/2010
Docket Code 012
Form V000A
Page 2
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
The Final Jury Instructions, except for the closing instruction, are read.
Closing arguments.
The closing Jury Instruction is read.
12:04 p.m. The jury retires in charge of sworn bailiff to consider their verdicts.
3:49 p.m. Court reconvenes with respective parties and counsel present.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
The jury is all present in the jury box and by their foreperson return into court their
verdicts, which are read and recorded by the clerk and are as follows:
"We, the Jury, duly empanelled and sworn in the above-entitled action, upon our oaths,
do find in favor of Plaintiff Dominick Abatemarco on his claim for breach of the implied duty of
good faith and fair dealing and find the full damages to be $50,000. Signed Juror #1, #7, #4, #8,
#6 and #5.”
"We, the Jury, duly empanelled and sworn in the above-entitled action, upon our oaths,
do find in favor of Plaintiff Dominick Abatemarco on his claim for breach of the CC&R’s and
find the full damages to be $40,000. Signed Juror #1, #7, #4, #8, #6 and #5.”
"We, the Jury, duly empanelled and sworn in the above-entitled action, upon our oaths,
do find in favor of Defendant Canterra at Squaw Peak Condominium Association, Inc. on
Plaintiff’s claim for breach of the statutory duty to repair. Signed Juror #5, Foreperson.”
The jurors reply that these are their true verdicts.
The jury is thanked by the court and excused from further consideration of this cause.
3:53 p.m. Trial concludes.
IT IS ORDERED that the jury fees be assessed against Defendant Canterra at Squaw
Peak Condominium Association, Inc. in the sum of $615.60 all in accordance with the formal
written Judgment for Jury Fees signed by the court on March 4, 2010 and filed (entered) by the
clerk on March 4, 2010.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/04/2010
Docket Code 012
Form V000A
Page 3
There being no further need to retain the exhibits not offered in evidence in the custody
of the Clerk of the 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 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 take immediate
possession of all exhibits referenced above.
ISSUED: Exhibit Release Forms (2).
FILED: Exhibit Worksheet, Final Jury Instructions, and Verdicts (3).
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/16/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/10/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
The court has considered Plaintiff’s Motion for Reconsideration.
IT IS ORDERED denying Plaintiff’s Motion for Reconsideration.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/25/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/20/2009
Docket Code 023
Form V960
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
EDM-QC-CCC
Paper Filing Rejected
The Court takes notice that Defendant filed an Application for Attorneys' Fees, Affidavit
of Attorneys’ Fees, Statement of Costs and Motion for Entry of Judgment on Less Than All
Claims on March 17, 2009 in paper form rather than having eFiled the documents.
Pursuant to the Court's minute entry of September 2, 2008, this case was designated for
mandatory eFiling. Therefore,
IT IS ORDERED that the above-named documents be stricken from the case record and
removed from the case docket and imaging system.
IT IS FURTHER ORDERED that Defendant shall eFile the documents if they wish the
Court to consider them as part of this case.
The eFile system may be accessed at the following Internet address:
http://www.clerkofcourt.maricopa.gov/efiling/default.asp

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
03/20/2009
Docket Code 023
Form V960
Page 2
If the Defendant eFiles the documents named above, the Court will consider the filing
date to be:
The date the documents are eFiled.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/10/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
04/09/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
UNDER ADVISEMENT RULING
The Court having conducted an Evidentiary Hearing on Plaintiff’s Application for
Preliminary Injunction; having considered the memoranda of the parties and legal authorities
cited therein; having reviewed the evidence presented at said Hearing; and good cause appearing,
the Court enters the following findings of fact, conclusions of law and orders:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.
On or about March 1, 1998, Plaintiff, Dominick Abatemarco (“Abatemarco”)
purchased condominium unit number 226 at the Canterra at Squaw Peak
Condominium Complex (the “complex”), located 1747 E. Northern Avenue,
Phoenix, Arizona. Abatemarco is a full time resident at the complex, and is
current in the payment of his homeowner’s association dues.
2.
Many of the units within the complex and common areas have construction
defects including defective and dangerous balconies. The homeowners
association (“association”) has filed a construction defects lawsuit against the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
04/09/2008
Docket Code 019
Form V000A
Page 2
builder of the complex, which has apparently resulted in a likely settlement which
will be inadequate to cover needed association repairs.
3.
Abatemarco’s balcony is currently in need of substantial repair, as are the
balconies of many other homeowners within the complex.
4.
A.R.S. §33-1255(C)(1) provides that unless the declaration of a homeowners
association provides otherwise, common expenses associated with the
maintenance, repair or replacement of limited common elements are to be equally
assessed against only the units to which the limited common element is assigned.
In the immediate case, Abatemarco’s balcony, and other similarly situated
balconies within the complex are limited common elements.
5.
In the case at bar, Section 4.2 of the declarations of the association specifically
provides that the maintenance, repair and replacement of limited common
elements is the responsibility of the association and pursuant to Section 6.7, the
association is required to equally assess all unit owners for the costs of any
needed repair.
6.
Defendant’s closing argument suggesting that the Complaint in this matter was
not verified until two weeks prior to the Hearing and accordingly, should not be
considered, is without merit. The Complaint has been belatedly verified.
7.
While the association is clearly responsible for the repair and/or needed
replacement of Abatemarco’s balcony, this Court is without authority to compel
the association to do so by imposing the necessary assessment to facilitate such
remediation, by way of preliminary or permanent injunction. The reason for this
is that the Plaintiff has an adequate remedy at law. Doing so would also violate
the spirit, if not the letter of the declarations of the association by giving priority
to the repair of Plaintiff’s balcony and not doing so for the benefit of all similarly
situated homeowners.
8.
If Abatemarco wishes to proceed in having the balcony repaired, he may do so at
his own expense, and amend the immediate Complaint, if necessary, to seek
money damages against the association as reimbursement to him for the repairs
which the association is obligated to make pursuant to Arizona law.
ORDERS

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
04/09/2008
Docket Code 019
Form V000A
Page 3
Now therefore, IT IS ORDERED denying Plaintiff’s Application for Preliminary
Injunction.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/22/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
04/17/2008
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
TELEPHONIC PRETRIAL SCHEDULING CONFERENCE SET
The Court has received Defendants’ Request for Scheduling Conference.
IT IS ORDERED setting a Telephonic Pretrial Scheduling Conference for May 7, 2008
at 8:45 a.m., in this division (602) 506-5806. Counsel for the Plaintiff shall initiate the
telephone call. Counsel are advised that all parties shall use a landline and that no party will be
allowed to appear by cell phone.
IT IS FURTHER ORDERED that by May 2, 2008, the parties shall submit to the Court a
Joint Pretrial Memorandum setting forth the following:
1. The parties proposed schedule for additional discovery including
depositions and all other discovery pursuant to the rules of procedure or
as agreed upon by the parties. NOTE: The date for disclosure of non-
expert witnesses must be at least forty-five days before the completion of
discovery.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
04/17/2008
Docket Code 041
Form V000A
Page 2
2. The parties' proposed schedule for disclosure of expert witnesses and
designation pursuant to Rule 26(b)(4). NOTE: The disclosure should
be within ninety days of the scheduling conference except upon a
showing of good cause.
3. The parties' proposed schedule for any agreed upon amendments to the
pleadings and any requested amendments to the pleadings.
4. The parties' proposed date for a settlement conference.
5. The parties' proposed date for trial. NOTE: The parties should come to
the scheduling conference with the trial calendars of the attorneys
responsible for trial.
If there are any discovery disputes, they must be filed with the Court by motion at least ten
days prior to the scheduling conference. A response must be filed not less than three days prior to
the conference. No reply will be filed. The Court will assess any appropriate sanction if the Court
finds that any party or attorney engaged in unreasonable, groundless, abusive or obstructionist
discovery.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/27/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
04/21/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
The court has considered Plaintiff’s Second Motion for Reconsideration/Clarification.
IT IS ORDERED denying Plaintiff's Second Motion for Reconsideration/Clarification.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/26/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
04/22/2010
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Plaintiff’s Application for Award of
Attorneys’ Fees and Expenses and Defendant’s Application for Attorneys’ Fees on June 4, 2010
at 9:00 a.m. (1 hour allotted) before:
JUDGE BRIAN R. HAUSER
NORTHEAST REGIONAL COURT CENTER
18380 N. 40TH STREET
COURTROOM 109
PHOENIX, ARIZONA 85032
(602) 506-6086
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 this
division three (3) court days before the scheduled hearing.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/09/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
05/07/2008
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
JURY TRIAL SET
8:49 a.m. This is the time set for Telephonic Pretrial Scheduling Conference. Plaintiff is
represented by counsel, Brian M. Bergin. Defendants are represented by counsel, Mark A.
Holmgren.
A recording of this proceeding is being made by CD (FTR) in lieu of a court reporter.
Discussion is held.
IT IS ORDERED:
1.
Adopting the stipulated deadlines set forth in the parties’ Joint Pretrial
Memorandum filed on or about May 1, 2008.
The parties having advised the Court that they anticipate participating in a private
mediation,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
05/07/2008
Docket Code 089
Form V000A
Page 2
IT IS ORDERED that the parties shall complete a private mediation by November 21,
2008. If they are unable to schedule a private mediation by September 26, 2008, they shall
notify the Court, in writing, and advise the Court if they wish the Court to appoint a judge pro
tem through the Court’s Alternative Dispute Resolution Office to conduct a settlement
conference.
IT IS FURTHER ORDERED:

1. This matter is set for Trial to a Jury on January 26, 2009 at 9:00 a.m.
Estimated length of trial is: 4 days.
THIS IS A FIRM TRIAL SETTING. If counsel have any pre-existing conflicts with said
trial date, they shall notify the Court, in writing, within five (5) days from today's date.
Counsel are advised that as of June 18, 2008, Judge Brian R. Hauser will assume this
calendar and all future hearings will take place in Courtroom 109 of the Northeast Regional
Court Complex (602) 506-6086.

2. The joint pretrial statement in accordance with Rule 16(d), Arizona Rules of Civil
Procedure, is due by 5:00 p.m. on December 19, 2008. 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, are also to be set forth. Exhibits for trial shall be consecutively numbered
and presented to the Clerk for marking in accord with the joint pretrial statement. Please
DO NOT place exhibits in a notebook when submitting them to the Court.
3. Motions in limine shall be due no later than December 19, 2008. Said motions 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."
4. Responses to motions in limine shall be due no later than December 26, 2008. No
replies shall be filed.
5. 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
05/07/2008
Docket Code 089
Form V000A
Page 3
The Judge would appreciate counsel providing a copy of the jury instruction
requests on IBM-compatible double-sided, high density 3.5 inch diskettes, in
Microsoft Word.
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. 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).
6. All motions (except motions in limine) shall be filed no later than September 26,
2008 so they can be scheduled, briefed, argued and decided prior to trial.
7. Any PowerPoint or other computer presentations to be used by any expert witness
during their testimony shall be disclosed at the time of their expert report and in no event any
later than 30 days prior to the taking of their deposition. Any PowerPoint or other computer
presentations to be used by counsel in their opening statements or closing arguments shall be
disclosed no later than the date that the Joint Pretrial Statement is filed with the Court.

8. 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 (602-372-
7725) to present all exhibits and a list of exhibit descriptions. All trial exhibits shall have been
exchanged prior to that time. 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 at trial. Please DO NOT place exhibits in a notebook when
submitting them to the Court.
9. Opinions of experts fairly sought and revealed in deposition or other discovery shall
not be supplemented at trial.
10. 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.
11. All documents and pleadings described above shall be hand-delivered, telefaxed or e-
mailed to opposing counsel on the date they are delivered to the Court.
8:54 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
05/08/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
The court has considered Defendant’s Motion for Entry of Judgment on Less Than All
Claims, Defendant’s Application for Attorneys’ Fees, Plaintiff’s response and the reply.
IT IS ORDERED denying Defendant's motion for entry of judgment on less than all
claims. McAlister v. Citibank, 171 Ariz. 207 (App. 1992).

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/13/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
05/08/2009
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
ORAL ARGUMENT SET
The court has received Defendants’ Motion to Exclude Expert Opinions and Request for
Frye Hearing Regarding Opinions of Jan Sell.
IT IS ORDERED setting Oral Argument on Defendants’ Motion to Exclude Expert
Opinions and Request for Frye Hearing Regarding Opinions of Jan Sell in conjunction with the
Oral Argument on Motions in Limine and Final Pretrial Conference previously set for May 22,
2009 at 9:00 a.m. in this division.
Counsel are reminded that a paper copy needs to be submitted to this court if the pleading
is 10 pages or more.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/22/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
05/19/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
The court has considered Defendant’s Motion for Clarification.
IT IS ORDERED denying Defendant’s Motion for Clarification.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/29/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
05/22/2009
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
TRIAL RESET
9:00 a.m. This is the time set for Final Pretrial Conference. Plaintiff is represented by
counsel, Brian M. Bergin and Brian J. Foster. Defendant is represented by counsel, Mark A.
Holmgren, J. Roger Wood and Kellie J. Callahan.
Court Reporter, Melody O’Donnell, is present as well as a record of the proceedings
being made by audio and/or videotape.
Trial to a Jury is confirmed for June 1, 2009 at 9:00 a.m. in this division. The estimated
length of trial is: 4 days.
Trial protocol is discussed.
Each side will have five preemptory strikes.
Counsel agree that the jury in this case will consist of eight jurors plus one alternate
juror. Seven of the nine jurors will be necessary to return a verdict in this case. Counsel further
agree that the alternate juror can deliberate.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
05/22/2009
Docket Code 064
Form V000A
Page 2
Discussion is held regarding jury selection, bench conferences, offers of proof,
examination of witnesses, making objections, and questions from the jury.
The Rule of Exclusion of Witnesses is invoked.
Discussion is held regarding Plaintiff’s Motion for Order to Show Cause and how it
affects the June 1, 2009 trial date.
IT IS ORDERED vacating the Trial to a Jury set for June 1, 2009 and resetting the same
to October 28, 2009 at 9:30 a.m. in this division. Estimated length of trial: 5 days.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Amend Complaint and Plaintiff’s
Motion for Order to Show Cause are considered lodged for response and reply at this time.
IT IS FURTHER ORDERED that the court will withhold ruling on the pending motions
in limine until the time of the next Final Pretrial Conference.
IT IS FURTHER ORDERED setting a Final Pretrial Conference/Oral Argument on
Motions in Limine for October 16, 2009 at 9:00 a.m. (1 hour allotted) in this division.
IT IS FURTHER ORDERED that no later than October 21, 2008, the trial lawyers shall
make an appointment for themselves or their knowledgeable assistants to meet with the Clerk of
this division (602-372-7723) to present all exhibits and a list of exhibit descriptions. All trial
exhibits shall have been exchanged prior to that time. 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 at trial. Please DO NOT place
exhibits in a notebook when submitting them to the Court.
IT IS FURTHER ORDERED taking Defendant’s request for the parties to participate in
mandatory private mediation under advisement.
9:33 a.m. Hearing concludes.
LATER:
IT IS ORDERED that the parties shall participate in a settlement conference through
private mediation by August 31, 2009.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/04/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
05/28/2009
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
STATUS CONFERENCE SET
Pursuant to the letter dated May 22, 2009 from Brian J. Foster,
IT IS ORDERED setting a Telephonic Status Conference to discuss resetting the trial
date on June 17, 2009 at 9:00 a.m., in this division. Counsel for the Plaintiff is to initiate the
phone conference (602) 506-6086.
LET THE RECORD REFLECT that counsel have been sent a copy of this minute entry
by facsimile transmission this date.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/05/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/02/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
ORDER ENTERED BY COURT
The Court having received Plaintiff’s Motion for Reconsideration/Clarification, and good
cause appearing,
IT IS ORDERED that a response to Plaintiff’s Motion for Reconsideration/Clarification
shall be filed no later than June 13, 2008.
IT IS FURTHER ORDERED that no reply and no oral argument will be required at this
time.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/07/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/04/2010
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
JUDGMENT SIGNED
Courtroom 109 - NE
9:05 a.m. This is the time set for Oral Argument on Plaintiff’s Application for Award of
Attorneys’ Fees and Expenses and Defendant’s Application for Attorneys’ Fees. Plaintiff
Dominick Abatemarco is present and represented by counsel, Brian M. Bergin and Kenneth M.
Frakes. Defendant Canterra at Squaw Peak Condominium Association, Inc. is represented by
counsel, Mark A. Holmgren and Joshua M. Bolen.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Arguments are heard.
IT IS ORDERED taking Plaintiff’s Application for Award of Attorneys’ Fees and
Expenses and Defendant’s Application for Attorneys’ Fees under advisement.
9:35 a.m. Hearing concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/04/2010
Docket Code 049
Form V000A
Page 2
LATER:
The court has considered each party’s application for attorneys’ fees and costs.
The court must determine which party was successful in the litigation and then determine
a reasonable amount of fees and costs to be awarded. The purpose of the fees statute, A.R.S. §
12-341.01(A) is remedial and the successful prosecution or defense of a claim are both entitled to
consideration and weight in the exercise of the court’s discretion. Schwartz v. Farmers Ins. Co.
of AZ, 166 Ariz. 33 (App. 1990).
At trial the jury returned verdicts in favor of plaintiff totaling $90,000 on his claims for
breach of contract and breach of the covenant of good faith and fair dealing. The jury found for
defendant on plaintiff’s claim for breach of the statutory duty to repair. All of the plaintiff’s tort
claims and his claim for punitive damages were dismissed by the court before trial. The trial
ended two years and four months (not three years as asserted by plaintiff) after the complaint was
filed. A considerable amount of litigation involved plaintiff’s application for injunctive relief to
require defendant to repair his and all the other balconies. Plaintiff obtained injunctive relief and
defendant has repaired the defective balconies as a result of plaintiff’s efforts, at least in large
part. By any reasonable measure of success, plaintiff has been successful in this significant
aspect of the case. The damages aspect of the litigation is problematical, however.
In his twice amended complaint, plaintiff alleged numerous tort causes of action and a
punitive damages claim in addition to the contractual-based claims for relief. All of the tort
claims and the claim for punitive damages were dismissed before trial. On these claims,
defendant clearly is the successful party. Because of this, defendant contends it is the successful
party in this case and it should be awarded its attorneys’ fees and costs. Defendant contends that
under either the percentage of success factor or totality of the litigation test it is the victor. Id. at
38. On a purely mathematical basis, defendant is correct that more claims were dismissed than
went to trial and so on a percentage basis, defendant prevailed. But considering the totality of
the circumstances, including the injunctive relief awarded to him, plaintiff prevailed in the case.
Plaintiff successfully sued to recover damages caused by the faulty construction which defendant
resisted repairing despite its duty under the CC&R’s. Plaintiff also sued to compel defendant to
undertake the repairs and he was successful in that claim, as well. On balance, considering the
claims won and lost by plaintiff, the court finds him to be the successful party and finds him
entitled to attorneys’ fees and costs. Moreover, the CC&R’s provide for an award of reasonable
attorneys’ fees and costs to a party who prevails in an action to enforce any of its provisions.
The jury verdict that defendant breached the CC&R’s is conclusive on this point.
Only reasonable attorneys’ fees are to be awarded to the successful party. Plaintiff’s
request for $523,825.50 in attorneys’ fees for services rendered by the Rose Law Group, P.C., is

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/04/2010
Docket Code 049
Form V000A
Page 3
unreasonable. The additional request for $67,650.00 from Snell & Wilmer, LLP is similarly
unreasonable and the total of the two fee applications, $591,475.50, is patently unreasonable.
This case was over-litigated even when the court considers the intractable positions the
parties took throughout its course. The record is replete with repetitive motions to dismiss,
motions for summary judgment, motions to strike, motions to exclude, motions to file sur-replies
and emergency motions that were anything but emergencies. Furthermore, plaintiff’s time
entries contain scores of hours devoted to the constant review and revision of drafts of pleadings
that are well beyond the norm for a case with this lack of complexity.
Of particular concern is the application for attorneys’ fees from the Snell & Wilmer firm.
The work represented by this application is duplicative of the inflated charges in the Rose Law
Group’s application. Further, the application reflects no effort to assign any of the work to a
lower rate partner or associate to mitigate the cost of representation.
Based on its presiding over this action through trial, the court finds the plaintiff’s fee
applications excessive and unreasonable. The court finds that an appropriate award for
reasonable attorneys’ fees is $250,000.00 and costs of $60,818.24 all in accordance with the
formal written Judgment signed by the Court on June 4, 2010 and filed (entered) by the Clerk on
June 4, 2010. This case exemplifies the profligacy that results when one is spending someone
else’s money.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/23/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/17/2009
Docket Code 064
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
TRIAL RESET
9:02 a.m. This is the time set for Telephonic Status Conference to discuss resetting the
Trial date. Plaintiff is represented by counsel, Brian M. Bergin and Brian Foster. Defendant is
represented by counsel, Mark A. Holmgren.
Court Reporter, Melody O’Donnell, is present as well as a record of the proceedings
being made by audio and/or videotape.
Discussion is held.
IT IS ORDERED vacating the 5-day Trial to a Jury set for October 28, 2009 at 9:30 a.m.
and resetting the same to January 19, 2010 at 9:00 a.m. in this division.
IT IS FURTHER ORDERED that no later than January 12, 2010, the trial lawyers shall
make an appointment for themselves or their knowledgeable assistants to meet with the Clerk of
this division (602-372-7723) to present all exhibits and a list of exhibit descriptions. All trial
exhibits shall have been exchanged prior to that time. No duplicate exhibits shall be presented
for marking. If either party fails to comply with the steps for marking exhibits, that

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/17/2009
Docket Code 064
Form V000A
Page 2
party’s exhibits may be precluded from being marked at trial. Please DO NOT place
exhibits in a notebook when submitting them to the Court.
IT IS FURTHER ORDERED vacating the Final Pretrial Conference/Oral Argument on
Motions in Limine set for October 16, 2009 at 9:00 a.m. and resetting the same to January 8,
2010 at 9:00 a.m. (1 hour allotted) in this division.
IT IS FURTHER ORDERED setting Oral Argument on Plaintiff’s Motion for Order to
Show Cause on June 30, 2009 at 10:00 a.m. (30 minutes allotted) in this division.
9:08 a.m. Hearing concludes.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/25/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/22/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
The court has considered Plaintiff’s Motion to Amend Complaint, the response and the
reply.
IT IS ORDERED denying oral argument on Plaintiff's motion to file an amended
complaint.
IT IS FURTHER ORDERED granting the motion.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/01/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/27/2008
Docket Code 081
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
TRIAL VACATED
The court has determined that its current trial calendar contains numerous trial settings
that are in conflict with other trial settings or are no longer needed. The historical method of
setting trials on this calendar renders illusory the court’s ability to ensure that a trial will start on
the date set.
This division has decided to manage the trial calendar in accordance with the practices of
the overwhelming majority of civil divisions of the court. That practice dictates that no more
than one trial be set on any day, thus providing attorneys and litigants with certainty that the trial,
once set, will not be continued due to congestion of the court calendar.
Accordingly, for all trials set September 1, 2008 and after,
IT IS ORDERED vacating the trial date, and any associated final pretrial conference
setting and oral argument on motions in limine.
IT IS FURTHER ORDERED that the parties shall submit a Joint Pretrial Memorandum
as set forth below.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/27/2008
Docket Code 081
Form V000A
Page 2
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 still believe that a
pretrial conference is still 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:
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 5:00 p.m. on August 1, 2008, 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.
An agreed upon schedule and date for completion of non-expert depositions.
As far as can reasonably be anticipated, each party shall set forth the depositions
they anticipate taking and the approximate time required for each; any and all
medical examinations which may be required of any of the parties; the person or
persons to conduct such examinations; all requests for production; and all tangible
evidence to be disclosed or exchanged.
2.
A date for the final disclosure of the identities subject matters and reports of
expert witnesses, and/or to supplement disclosures made to date.
3.
A date or dates for the initial and final disclosure of all non-expert witnesses,
and/or to supplement disclosures made to date.
4.
A date by which all written discovery will be propounded and concluded.
Further, counsel shall set forth any written discovery outstanding and a date when it
will be complete.
5.
The position of each counsel on whether the Rule 38.1 time limits should be
waived.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/27/2008
Docket Code 081
Form V000A
Page 3
6.
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.
7.
A date for completion of all discovery, including expert discovery.
8.
A date by which all dispositive or partially-dispositive motions shall be filed.
9.
A proposed trial date agreed upon by all counsel and anticipated length of trial.
If the parties agree as to the dates, they need to only prepare and submit the proposed
order attached hereto. If counsel are unable to agree on any of the items set forth in the attached
form of order, the reasons for their inability to agree shall be set forth in the Pretrial
Memorandum and each shall prepare a separate proposed order. 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 professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/27/2008
Docket Code 081
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)
The identities and subject areas of expert testimony shall be disclosed by:
(MM/DD/YYYY)
(3)
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)
(4)
Final Non-expert disclosures shall be exchanged by: (MM/DD/YYYY)
(5)
Written discovery shall be propounded by: (MM/DD/YYYY)
(6)
Dispositive Motions shall be filed by: (MM/DD/YYYY)
(7)
Depositions shall be completed by: (MM/DD/YYYY)
(8)
Discovery shall be completed by: (MM/DD/YYYY)
(9)
Any motions to amend pleadings shall be filed by: (MM/DD/YYYY)
(10)
The parties remaining in this action shall participate in comprehensive mediation
by (MM/DD/YYYY).
IT IS FURTHER ORDERED setting a Telephonic Status Conference in this matter on
[counsel to leave this date blank], (time allotted: 15 minutes), in this Division. Counsel for the
Plaintiff shall initiate the phone conference.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/27/2008
Docket Code 081
Form V000A
Page 5
HONORABLE BRIAN R. HAUSER
MARICOPA COUNTY SUPERIOR COURT
NORTHEAST REGIONAL COURT COMPLEX
18380 N. 40th St.
COURTROOM 109
PHOENIX, AZ 85032
602-506-6086 TEL
IT IS FURTHER ORDERED that in no less than five days prior to the Status Conference
set herein, the parties shall submit a Joint Statement pursuant to ARCP 16(d) and report to the
Court the history and status of the efforts at Alternative Dispute Resolution pursuant to ARCP
Rule 16(g).
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel
are directed to confer pursuant to ARCP 26(g). If such conference is unsuccessful, counsel are
directed to initiate a conference call with this Division BEFORE filing a motion to compel or
motion for protective order.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/01/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/29/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
The court has considered Defendant’s Motion for Leave of Court to File Motion for
Summary Judgment, no response has been filed.
IT IS ORDERED granting Defendant’s Motion for Leave of Court to File Motion for
Summary Judgment.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/06/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/30/2009
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
BRIAN J FOSTER
MATTER UNDER ADVISEMENT
10:01 a.m. This is the time set for Oral Argument on Plaintiff’s Motion for Order to
Show Cause. Plaintiff is represented by counsel, Brian M. Bergin and Brian J. Foster.
Defendant is represented by counsel, Mark A. Holmgren.
Court Reporter, Melody O’Donnell, is present as well as a record of the proceedings
being made by audio and/or videotape.
Arguments are heard.
IT IS ORDERED taking Plaintiff’s Motion for Order to Show Cause under advisement.
10:19 a.m. Hearing concludes.
LATER:
IT IS ORDERED denying Plaintiff’s Motion for Order to Show Cause. These issues will
be considered at trial.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
06/30/2009
Docket Code 020
Form V000A
Page 2
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Filed ***
07/10/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
07/09/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
RULING AND PRELIMINARY INJUNCTION
The Court having reviewed Plaintiff’s Motion for Reconsideration/Clarification and the
Response and Reply filed incident thereto; and good cause appearing,
IT IS ORDERED granting said Motion in part, this Court finding that Plaintiff does not
have an adequate remedy at law. Notwithstanding this finding, this Court cannot give Plaintiff
priority over other similarly situated homeowners who have defectively dangerous balconies. To
do so would itself violate the Association’s CC&R’s. Now therefore,
IT IS ORDERED that the Canterra at Squaw Peak Condominium Association is
mandatorily enjoined and compelled to promulgate and approve a remediation plan and funding
mechanism to repair all balconies within the Association pursuant to Sections 3.5 and 4.2 of the
CC& R's to be filed with the Court on or before September 12, 2008. Plaintiff shall have until
September 26, 2008, to file any objections to the proposed plan.
IT IS FURTHER ORDERED that all such repairs shall be completed on or before
December 31, 2009.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
07/09/2008
Docket Code 019
Form V000A
Page 2
/s/ Paul A. Katz
________________________
Paul A. Katz
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/08/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
08/06/2008
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
STATUS CONFERENCE SET;
SCHEDULING ORDER ENTERED
The Court having received the parties’ Joint Pretrial Memorandum,
IT IS ORDERED entering the following schedule for disclosure as set forth unless the
parties obtain written modifications by the Court:
(1)
The areas of expert testimony shall be disclosed by: (August 8, 2008)
(2)
The identities and opinions of expert witnesses shall be disclosed by: (August 22,
2008)
(3)
Final non-expert disclosures shall be exchanged by: (August 15, 2008)
(4)
Dispositive motions shall be filed by: (November 15, 2008)
(5)
Discovery shall be completed by: (November 7, 2008)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
08/06/2008
Docket Code 028
Form V000A
Page 2
(6)
The parties remaining in this action shall participate in comprehensive mediation
by (November 21, 2008).
IT IS FURTHER ORDERED setting a Telephonic Status Conference in this matter on
December 4, 2008 at 9:15 a.m., (time allotted: 15 minutes), in this Division. Counsel for the
Plaintiff shall initiate the conference call.
HONORABLE BRIAN R. HAUSER
MARICOPA COUNTY SUPERIOR COURT
NORTHEAST REGIONAL COURT COMPLEX
18380 N. 40th St.
COURTROOM 109
PHOENIX, AZ 85032
602-506-6086 TEL
IT IS FURTHER ORDERED that in no less than five days prior to the Status Conference
set herein, the parties shall submit a Joint Statement pursuant to ARCP 16(d) and report to the
Court the history and status of the efforts at Alternative Dispute Resolution pursuant to ARCP
Rule 16(g).
DISCOVERY DISPUTES: In the event of any dispute concerning discovery, counsel are
directed to confer pursuant to ARCP 26(g). If such conference is unsuccessful, counsel are
directed to initiate a conference call with this Division BEFORE filing a motion to compel or
motion for protective order.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/19/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
08/15/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
RULING
The court having received and reviewed the Motion to Dismiss Claims against Individual
Defendants,
IT IS ORDERED denying the Motion to Dismiss Claims against Individual Defendants.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/24/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
08/18/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
The court has considered Defendant’s Motion to Quash Subpoena, the absence of a
response and the record as a whole.
For good cause shown,
IT IS ORDERED granting Defendant’s Motion to Quash Subpoena.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/02/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
08/28/2008
Docket Code 530
Form V530H
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
B. Lambert
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
COURT ADMIN-CIVIL-ARB DESK
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 is currently available for use and mandatory eFiling will
commence on October 1, 2008. Filing by conventional means may continue until this mandatory
date. ALL FILINGS NOT EFILED AFTER THE MANDATORY DATE WILL NOT BE
CONSIDERED BY THE DIVISION UNTIL PROPERLY EFILED.
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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
08/28/2008
Docket Code 530
Form V530H
Page 2
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
The e-filing system web site address is https://efiling.clerkofcourt.maricopa.gov. The site
contains supplemental training and other reference materials, including contact names and phone
numbers, to assist with any questions.
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 will be contacted
by the Clerk's Office by phone for credit card payment. If we are unable to process payment by
phone, the filing party will be billed by the Billing Unit of the Clerk of Superior Court.
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
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
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE COURT.
ADDITIONALLY, THE PARTIES SHALL PROVIDE THIS DIVISION WITH HARD
COPIES OF ANY DISPOSITIVE MOTIONS, THE RESPONSES, REPLIES AND ANY
FILED DOCUMENT THAT EXCEEDS 10 PAGES, INCLUDING ANY EXHIBITS AND
ATTACHMENTS.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
08/28/2008
Docket Code 530
Form V530H
Page 3
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 Summary 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/24/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
09/21/2010
Docket Code 073
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN J FOSTER
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
BRIAN M BERGIN
MOTION WITHDRAWN
The Court has received Defendant’s Notice of Withdrawal of Motion for Leave to
Interplead Funds.
IT IS ORDERED that said motion is withdrawn and deemed moot.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/27/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
09/24/2010
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER GERALD PORTER
L. Slaughter
Deputy
DOMINICK ABATEMARCO
BRIAN J FOSTER
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
COMMUNITY ASSOCIATION BANC
NS AZ-4002-064
P O BOX 64084
PHOENIX AZ 85082-4084
MINUTE ENTRY
The Court has received and considered Objection to Garnishment and Request for
Hearing and Motion for Order to Show Cause Hearing Re: Contempt and Motion for Sanctions.
IT IS ORDERED setting Oral Argument on September 28, 2010, at 11:00 a.m. in this
Division.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/07/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
09/28/2010
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER GERALD PORTER
L. Slaughter
Deputy
DOMINICK ABATEMARCO
BRIAN J FOSTER
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
COMMUNITY ASSOCIATION BANC
NS AZ-4002-064
P O BOX 64084
PHOENIX AZ 85082-4084
MARICOPA COUNTY CREDITOR
NO ADDRESS ON RECORD
U B S FINANCIAL SERVICES INC
NO ADDRESS ON RECORD
HEARING VACATED
Courtroom 105-NE
11:37 a.m. This is the time set for Oral Argument. Plaintiff, Dominick Abatemarco, is
neither present nor represented by counsel. Counsel for Defendant, Mark Holmgren is present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
09/28/2010
Docket Code 002
Form V000A
Page 2
Counsel Holmgren advises the Court that the parties have reached an agreement. Same is
discussed.
Good cause appearing,
IT IS THEREFORE ORDERED vacating Oral Argument set this date.
IT IS ORDERED granting Judgment Against Garnishee Community Association Banc;
all in accordance with the formal written Judgment signed by the Court on September 28, 2010,
and entered (filed) by the Clerk on September 28, 2010.
11:39 a.m. Hearing 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/06/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
10/02/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
RULING
The court has considered Defendants’ Motion to Quash Subpoenas, Plaintiff’s Response
and Defendants’ Reply.
IT IS ORDERED denying Defendants’ Motion to Quash Subpoenas.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/15/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
10/07/2008
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
L. Slaughter
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
MINUTE ENTRY
The Court has received Defendants’ Withdrawal of Motion to Reconsider.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/26/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
10/21/2009
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
ORDER ENTERED BY COURT
The court has considered Plaintiff’s Motion for Leave to File Sur-Reply to Defendant’s
Reply in Support of Motion to Dismiss Second Amended Complaint.
IT IS ORDERED granting Plaintiff’s Motion for Leave to File Sur-Reply to Defendant’s
Reply in Support of Motion to Dismiss Second Amended Complaint.
IT IS FURTHER ORDERED that Defendant may file an additional pleading responding
to the matters raised in the sur-reply. No other pleadings shall be filed in connection with the
motion to dismiss the second amended complaint.
The court has also considered Plaintiff’s Motion to Strike New Facts Asserted in Exhibits
Attached to Defendant’s Reply In Support of Motion for Summary Judgment Re: Damages.
IT IS ORDERED denying Plaintiff’s Motion to Strike New Facts Asserted in Exhibits
Attached to Defendant’s Reply In Support of Motion for Summary Judgment Re: Damages.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
10/21/2009
Docket Code 023
Form V000A
Page 2
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/26/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
10/21/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
The court has considered Plaintiff’s Motion for Rule 56(f) Relief.
IT IS ORDERED denying oral argument on Plaintiff’s motion for Rule 56 (f) relief.
IT IS FURTHER ORDERED granting Plaintiff’s motion for Rule 56(f) relief.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/31/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
10/27/2008
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
T. Ross
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
MINUTE ENTRY
Pursuant to the minute entry dated August 28, 2008, all pleadings are to be e-filed with
hard copies delivered to this division only if the pleading, including attachments or exhibits,
exceeds 10 pages or any dispositive motions, responses and replies. The Court has received
Defendants’ motion to stay pending appeal filed on October 10, 2008. This motion was not
properly filed and will not be considered until it is electronically filed. Once the motion is e-
filed and a reply has been e-filed or time has passed for filing a reply, the Court will consider the
pleadings.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/02/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
11/01/2010
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER GERALD PORTER
T. Ross
Deputy
DOMINICK ABATEMARCO
BRIAN J FOSTER
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
COMMUNITY ASSOCIATION BANC
COMMUNITY ASSOCIATION BANC
NS AZ-4002-064
P O BOX 64084
PHOENIX AZ 85082-4084
STATUS CONFERENCE SET
The Court has received and reviewed the Request for Entry of Unopposed Judgment
Against Garnishee filed by Brian Foster, counsel for the Plaintiff.
On the Court’s own motion,
IT IS ORDERED setting a Status Conference on November 16, 2010 at 1:30 p.m.,
before Commissioner Gerald Porter at the following location:
Maricopa County Superior Court
Northeast Regional Court Center
Courtroom 105
18380 N. 40th Street

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
11/01/2010
Docket Code 028
Form V000A
Page 2
Phoenix, Arizona 85032
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/05/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
11/03/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
RULING
The court having considered defendants’ motion to stay pending appeal,
IT IS ORDERED denying defendants’ motion to stay pending appeal.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/23/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
11/18/2009
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
BRIAN J FOSTER
ORAL ARGUMENT SET
IT IS ORDERED granting Defendant’s Motion for Accelerated Briefing Schedule and
Ruling on Defendant’s Motion to Exclude Undisclosed Evidence. Response to the motion is due
on November 27, 2009 by 5:00 p.m., no reply shall be filed.
IT IS FURTHER ORDERED setting Oral Argument on Defendant’s Motion to Dismiss
Second Amended Complaint, Defendant’s Motion for Summary Judgment Re: Damages and
Defendant’s Motion to Exclude Undisclosed Evidence on December 1, 2009 at 10:00 a.m. (1
hour allotted) before:
JUDGE BRIAN R. HAUSER
NORTHEAST REGIONAL COURT CENTER
18380 N. 40TH STREET
COURTROOM 109
PHOENIX, ARIZONA 85032
(602) 506-6086

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
11/18/2009
Docket Code 094
Form V000A
Page 2
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 this division three (3)
court days before the scheduled hearing.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/25/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
11/21/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
ORDER ENTERED BY COURT
On August 28, 2008 the court ordered that all documents in this case be electronically
filed effective October 1, 2008. Plaintiff has failed to comply with that order. Accordingly,
IT IS ORDERED rejecting Plaintiff’s Motion to Strike Defendants’ Notice of Non-Party
at Fault. Said filing shall not be deemed submitted until it is filed in accordance with the court’s
order.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/06/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
11/30/2007
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HON. PAUL A KATZ
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
EVIDENTIARY HEARING SET
1:33 p.m. This is the time set for Order to Show Cause Return Hearing Re: Plaintiff’s
Application for Preliminary Injunction. Plaintiff is represented by counsel, Brian M. Bergin.
Defendant Canterra at Squaw Peak Condominium Association, Inc. is represented by counsel,
Mark A. Holmgren.
Court Reporter, Kim Hannan, is present.
Discussion is held.
IT IS ORDERED setting an Evidentiary Hearing for February 25, 2008 at 1:30 p.m.
before:
JUDGE PAUL A. KATZ
Northeast Regional Court Center
18380 N. 40th Street
Courtroom 111
Phoenix, AZ 85032

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
11/30/2007
Docket Code 056
Form V000A
Page 2
(602) 506-5806
IT IS FURTHER ORDERED that by February 11, 2008, counsel will have exchanged
any exhibits that they intend to offer at the scheduled evidentiary hearing and a list of witnesses
together with a brief summary of what they expect them to testify to.
IT IS FURTHER ORDERED that by February 11, 2008, counsel will file any
supplemental briefs or memoranda in support of their respective positions together with any
supporting affidavits or declarations.
IT IS FURTHER ORDERED that both sides shall hand-deliver to the Clerk of this
Division all exhibits to be used at the hearing at least two (2) business days prior to the
hearing. Exhibits shall be accompanied with a numbered list of each exhibit and shall be
separated with a blank sheet of colored paper. All hearing exhibits shall have been exchanged
prior to that time. 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 at the hearing.
IT IS FURTHER ORDERED that if by December 14, 2007, the parties have been
unable to reach an agreement with respect to the sequencing or completion of disclosure and
discovery, they shall notify the Court and the Court will conduct a Pretrial Conference for
purposes of establishing those deadlines.
1:52 p.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/07/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
12/01/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
9:59 a.m. This is the time set for Oral Argument on Defendant’s Motion to Dismiss
Second Amended Complaint, Defendant’s Motion for Summary Judgment Re: Damages and
Defendant’s Motion to Exclude Undisclosed Evidence. Plaintiff is represented by counsel, Brian
M. Bergin. Defendant is represented by counsel, Mark A. Holmgren.
A record of the proceedings is being made by CD (FTR) in lieu of a court reporter.
Arguments are heard.
IT IS ORDERED taking Defendant’s Motion to Dismiss Second Amended Complaint,
Defendant’s Motion for Summary Judgment Re: Damages and Defendant’s Motion to Exclude
Undisclosed Evidence.
Plaintiff makes an oral request to perform additional inspections of other balconies.
IT IS ORDERED taking Plaintiff’s request to perform additional inspections under
advisement.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
12/01/2009
Docket Code 019
Form V000A
Page 2
10:51 a.m. Hearing concludes.
LATER:
IT IS ORDERED denying Defendant’s motion to exclude undisclosed evidence.
IT IS FURTHER ORDERED granting Defendant’s motion to dismiss counts three
through six, nine and ten of the second amended complaint. The court finds the economic loss
rule applicable in this case since Plaintiff has full relief available on his contract theories and he
has suffered no personal injury or property damage separate from the subject of the alleged
breach of contract.
IT IS FURTHER ORDERED denying Defendant’s motion for summary judgment except
as to count seven, punitive damages, which is dismissed. The facts in favor of punitive damages
clearly fall below the threshold necessary to sustain those damages especially in light of the
enhanced level of proof required.
IT IS FURTHER ORDERED denying Plaintiff’s request for additional visual or
destructive testing on property not owned by Plaintiff.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/05/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
12/02/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
ORDER ENTERED BY COURT
On August 28, 2008 the court ordered that all documents in this case be electronically
filed effective October 1, 2008. Defendants have failed to comply with that order. Accordingly,
IT IS ORDERED rejecting Defendants’ Response to Plaintiff’s Motion to Strike Notice
of Non-Party at Fault. Said filing shall not be deemed submitted until it is filed in accordance
with the court’s order.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/10/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
12/04/2008
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Bobrowski
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
JURY TRIAL SET
9:13 a.m. This is the time set for Telephonic Status Conference. Plaintiff is represented
by counsel, Brian M. Bergin. Defendants are represented by counsel, Mark A. Holmgren.
Court Reporter, Melody O’Donnell, is present.
Discussion is held.
IT IS ORDERED:

1. This matter is set for Trial to a Jury on June 1, 2009 at 9:00 a.m.
Estimated length of trial is: 4 days.
THIS IS A FIRM TRIAL SETTING. If counsel have any pre-existing conflicts with said
trial date, they shall notify the Court, in writing, within five (5) days from today's date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
12/04/2008
Docket Code 089
Form V000A
Page 2
Setting a Final Pretrial Conference/Oral Argument on Motions in Limine for May 22,
2009 at 9:00 a.m. in this division (time allotted: 1 hour).

2. The joint pretrial statement in accordance with Rule 16(d), Arizona Rules of Civil
Procedure, is due by 5:00 p.m. on May 4, 2009. 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, are also to be set forth. Exhibits for trial shall be consecutively numbered
and presented to the Clerk for marking in accord with the joint pretrial statement.
3. Motions in limine shall be due no later than May 4, 2009. Said motions 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."
4. Responses to motions in limine shall be due no later than May 11, 2009. No replies
shall be filed.
5. 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.
The Judge would appreciate counsel providing a copy of the jury instruction
requests on a CD in Microsoft Word.
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. 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).
6. Any PowerPoint or other computer presentations to be used by any expert witness
during their testimony shall be disclosed at the time of their expert report and in no event any
later than 30 days prior to the taking of their deposition. Any PowerPoint or other computer
presentations to be used by counsel in their opening statements or closing arguments shall be
disclosed no later than the date that the Joint Pretrial Statement is filed with the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
12/04/2008
Docket Code 089
Form V000A
Page 3
7. 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 (602-372-
7723) to present all exhibits and a list of exhibit descriptions. All trial exhibits shall have been
exchanged prior to that time. 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 at trial. Please DO NOT place exhibits in a notebook when
submitting them to the Court.
8. Opinions of experts fairly sought and revealed in deposition or other discovery shall
not be supplemented at trial.
9. 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.
10. All documents and pleadings described above shall be hand-delivered, telefaxed or e-
mailed to opposing counsel on the date they are delivered to the Court.
9:19 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/10/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
12/05/2008
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC, et al.
MARK A HOLMGREN
ORDER ENTERED BY COURT
On August 28, 2008 the court ordered that all documents in this case be electronically
filed effective October 1, 2008. Defendants have failed to comply with that order. Accordingly,
IT IS ORDERED rejecting Defendants’ Response to Plaintiff’s Motion for Partial
Summary Judgment Re: Liability and Cross Motion for Summary Judgment. Said filing shall
not be deemed submitted until it is filed in accordance with the court’s order. The court will
retain the copy that was delivered on October 22, 2008 unless changes are made to the document
before it is e-filed. The parties are reminded that the August 28, 2008 minute entry also states:
ADDITIONALLY, THE PARTIES SHALL PROVIDE THIS DIVISION WITH HARD
COPIES OF ANY DISPOSITIVE MOTIONS, THE RESPONSES, REPLIES AND
ANY FILED DOCUMENT THAT EXCEEDS 10 PAGES, INCLUDING ANY
EXHIBITS AND ATTACHMENTS.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/17/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-053132
12/10/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
RULING
The court has considered Defendant’s Motion to Reconsider Denial of Defendant’s
Motion to Exclude Undisclosed Evidence.
IT IS ORDERED permitting a response and reply to Defendant's Motion to Reconsider
Denial of Defendant’s Motion to Exclude Undisclosed Evidence.
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 2007-053132
12/22/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN R. HAUSER
W. Tenoever
Deputy
DOMINICK ABATEMARCO
BRIAN M BERGIN
v.
CANTERRA AT SQUAW PEAK
CONDOMINIUM ASSOCIATION INC
MARK A HOLMGREN
BRIAN J FOSTER
RULING
The court has considered Plaintiff’s Motion for Reconsideration of the December 1, 2009
Ruling.
IT IS ORDERED denying Plaintiff’s Motion for Reconsideration of the December 1,
2009 Ruling.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

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