02/01/2013 — CV2011020165 I HOMEOWNERS ASSOCIATION, THE, PALMS I 02/01/2013 HONORABLE MARK H. BRAIN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
02/04/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
02/01/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
A. Melchert
Deputy
PALMS I I HOMEOWNERS ASSOCIATION,
THE
BETH MULCAHY
v.
J L K REAL ESTATE INVESTMENT
CORPORATION
J ROGER WOOD
COMERICA BANK
SPECIAL SERVICES DEPT MC 4765
P O BOX 2249
SAN JOSE CA 95109-2249
DWAYNE M FARNSWORTH
MINUTE ENTRY
The Court has reviewed defendant’s Application for Attorneys’ Fees, Sanctions and
Costs (filed December 19, 2012), as well as plaintiff’s response (no reply has been filed). The
Application is DENIED. By way of brief explanation, the Court notes that the stipulated
judgment is in the nature of a settlement agreement, but says absolutely nothing about defendant
reserving the right to make a claim for fees, costs or sanctions, and defendant has provided
nothing to the contrary. Moreover, a claim for fees must be made within 20 days under Rule
54(g). The stipulated judgment was entered more than two months before the application was
filed, and is thus untimely.
IT IS FURTHER ORDERED signing this minute entry as a formal written Order of the
Court.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
02/01/2013
Docket Code 019
Form V000A
Page 2
/ s / HONORABLE MARK H. BRAIN
HONORABLE MARK H. BRAIN
JUDICIAL OFFICER OF THE SUPERIOR COURT
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
04/11/2012 — CV2011020165 I HOMEOWNERS ASSOCIATION, THE, PALMS I 04/11/2012 HONORABLE MARK H. BRAIN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/12/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
04/11/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
T. Nosker
Deputy
PALMS I I HOMEOWNERS ASSOCIATION,
THE
BETH MULCAHY
v.
J L K REAL ESTATE INVESTMENT
CORPORATION
J L K REAL ESTATE INVESTMENT
CORPORATION
C/O JOEL KAPLAN
6730 E MCDOWELL RD #136
SCOTTSDALE AZ 85257
COMM. MORROW
MINUTE ENTRY
This division has received an e-filed Application/Motion for Default Judgment. No
action will be taken by this division on the above referenced document. The parties are advised
that commissioners handle Rule 55(b) default judgment proceedings and that such proceedings in
this matter are to be heard by Commissioner Morrow.
IT IS ORDERED that all documents necessary to support the entry of a default judgment
must be e-filed.
Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
default coversheet and copies of the necessary filed documents to the Commissioner’s division
for the entry of a default judgment.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
04/11/2012
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED that no further action will be taken by the assigned
commissioner until the necessary filed documents and coversheet are delivered to the
commissioner.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
05/02/2012 — CV2011020165 I HOMEOWNERS ASSOCIATION, THE, PALMS I 05/02/2012 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/04/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
05/02/2012
Docket Code 004
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
C. Boos
Deputy
PALMS I I HOMEOWNERS ASSOCIATION,
THE
BETH MULCAHY
v.
J L K REAL ESTATE INVESTMENT
CORPORATION
J L K REAL ESTATE INVESTMENT
CORPORATION
C/O JOEL KAPLAN
6730 E MCDOWELL RD. #136
SCOTTSDALE AZ 85257
MINUTE ENTRY
Courtroom: OCH 001.
9:18 a.m. This is the time set for Default Hearing. Counsel, Charlene Cruz, is present on
behalf of Plaintiff. Defendant, JLK Real Estate Investment Corporation, Joel Kaplan, is present
on his own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held.
IT IS ORDERED continuing today’s Default Hearing to May 21, 2012 at 1:30 p.m., to
allow Defendant sufficient time to obtain counsel in this matter. The hearing will be at the
following location;
Maricopa County Superior Court
Old Court House
125 W. Washington
Courtroom 001
Phoenix, AZ 85003
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
05/02/2012
Docket Code 004
Form V000A
Page 2
9:28 a.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
07/06/2012 — CV2011020165 I HOMEOWNERS ASSOCIATION, THE, PALMS I 07/06/2012 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/10/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
07/06/2012
Docket Code 046
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
S. Stulz
Deputy
PALMS I I HOMEOWNERS ASSOCIATION,
THE
BETH MULCAHY
v.
J L K REAL ESTATE INVESTMENT
CORPORATION
J ROGER WOOD
JOEL KAPLAN
6730 E. MCDDOWELL RD
#136
SCOTTSDALE AZ 85251
MINUTE ENTRY
IT IS ORDERED setting Hearing on Objection to Garnishment filed by the Judgment
Debtor, Joel Kaplan, on July 12, 2012 at 3:00 p.m. in this division:
Maricopa County Superior Court
Old Court House
125 W. Washington
Courtroom 001
Phoenix, AZ 85003
LET THE RECORD REFLECT that notification of the above hearing is given to:
Judgment Creditor via: electronic mail and minute entry.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
07/06/2012
Docket Code 046
Form V000A
Page 2
Judgment Debtor via: electronic mail and minute entry.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
07/12/2012 — CV2011020165 I HOMEOWNERS ASSOCIATION, THE, PALMS I 07/12/2012 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/16/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
07/12/2012
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
S. Stulz
Deputy
PALMS I I HOMEOWNERS ASSOCIATION,
THE
BETH MULCAHY
v.
J L K REAL ESTATE INVESTMENT
CORPORATION
J ROGER WOOD
MINUTE ENTRY
Courtroom: OCH 001.
2:56 p.m. This is the time set for a Garnishment Hearing. Plaintiff/Judgment Creditor is
represented by counsel, Kristen Rosenbeck. Counsel, James Roger Wood, is present with
Defendant/Judgment Debtor, Joel Kaplan.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding Defendant/Judgment Debtor’s Motion to Set Aside Default.
On the Courts own motion,
IT IS ORDERED quashing the Writ of Garnishment in this matter.
To allow the parties to brief the issues as stated on the record,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
07/12/2012
Docket Code 005
Form V000A
Page 2
IT IS FURTHER ORDERED Plaintiff/Judgment Creditor’s briefing shall be filed no later
than close of business, July 17, 2012 with Defendant/Judgment Debtor’s reply filed no later than
close of business, July 27, 2012. All documents filed shall be exchanged between the parties
via fax, email, or hand delivery to avoid the mailing delay.
Discussion is held regarding an agreement to stay the enforcement of the Judgment.
IT IS FURTHER ORDERED staying the enforcement of Judgment pending a ruling on
Defendant/Judgment Debtor’s Motion to Set Aside Default Judgment.
Counsel for the Defendant/Judgment Debtor shall submit a proposed form of Order to
Quash the Writ of Garnishment for the Court’s review and signature within ten days hereof.
3:10 p.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
09/18/2012 — CV2011020165 I HOMEOWNERS ASSOCIATION, THE, PALMS I 09/18/2012 HONORABLE MARK H. BRAIN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/21/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-020165
09/18/2012
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK H. BRAIN
T. Nosker
Deputy
PALMS I I HOMEOWNERS ASSOCIATION,
THE
BETH MULCAHY
v.
J L K REAL ESTATE INVESTMENT
CORPORATION
J ROGER WOOD
COMERICA BANK
SPECIAL SERVICES DEPT MC 4765
P O BOX 2249
SAN JOSE CA 95109-2249
DWAYNE M FARNSWORTH
RULING MINUTE ENTRY
The Court has reviewed the motion to set. Because the matter is subject to arbitration,
the motion is DENIED.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
