06/13/2017 — CV2016017637 JENKINS, HENRY E 06/13/2017 HONORABLE CHRISTOPHER WHITTEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/15/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-017637
06/13/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
T. Cooley
Deputy
RIGGS RANCH MEADOWS HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
HENRY E JENKINS, et al.
HENRY E JENKINS
NO ADDRESS ON RECORD
MORTGAGE ELECTRONIC
REGISTRATION SYSTEM INC
NO ADDRESS ON RECORD
COMM. GARBARINO
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application for Default; Affidavit on Default
against Defendants, Henry E. Jenkins and Mortgage Electronic Registration System, Inc. in
the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above referenced
document(s).
The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
David W. Garbarino.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-017637
06/13/2017
Docket Code 023
Form V000A
Page 2
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.
IT IS FURTHER ORDERED, no further action will be taken by the assigned
Commissioner until the necessary filed documents and coversheet are delivered to the division.
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
08/28/2017 — CV2016017637 JENKINS, HENRY E 08/28/2017 HONORABLE CHRISTOPHER WHITTEN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/29/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-017637
08/28/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
T. Cooley
Deputy
RIGGS RANCH MEADOWS HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
HENRY E JENKINS, et al.
HENRY E JENKINS
2994 E MAHOGANY PL
CHANDLER AZ 85249
MINUTE ENTRY
The Court has received Plaintiff’s Motion for Summary Judgment Re: Lien Foreclosure,
filed June 30, 2017.
No response was filed. Good cause appearing,
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment Re: Lien
Foreclosure.
09/06/2017 — CV2016017637 JENKINS, HENRY E 09/06/2017 HONORABLE CHRISTOPHER WHITTEN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/08/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-017637
09/06/2017
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
T. Cooley
Deputy
RIGGS RANCH MEADOWS HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
HENRY E JENKINS, et al.
HENRY E JENKINS
2994 E MAHOGANY PL
CHANDLER AZ 85249
MINUTE ENTRY
A clerical error having been made,
IT IS ORDERED vacating the Court’s Minute Entry dated August 28, 2017, filed August
29, 2017, with docket code 023.
The Court has received Plaintiff’s Motion for Summary Judgment Re: lien Foreclosure,
filed June 30, 2017, Defendant’s Response to Motion for Summary Judgment, filed August 4,
2017, and Plaintiff’s Reply in Support of its Motion for Summary Judgment, filed August 24,
2017.
IT IS FURTHER ORDERED setting Oral Argument RE: Plaintiff’s Motion for Summary
Judgment Re: lien Foreclosure on September 21, 2017 at 9:00 a.m. (time allotted: 30 minutes)
in this division.
Honorable Christopher Whitten
125 W. Washington, Old Courthouse, Suite 201
Phoenix, Arizona 85003
(602) 372-1164
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-017637
09/06/2017
Docket Code 094
Form V000A
Page 2
A record of the proceedings will be made by videotape and CD in lieu of a court reporter.
Should you want an unofficial copy of the proceedings, the parties or counsel may request a
videotape or CD of the proceedings for a $30.00 charge. If a CD or videotape is requested,
please obtain a form from the courtroom clerk or from the Self Service Center to request a daily
copy of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self
Service Center. Attach the receipt showing payment of the fee and present both the receipt and
the form to the courtroom clerk or bailiff. For copies of hearings or trial proceedings
recorded previously, please call Electronic Records Services at 602-506-7100.
Should an official transcript be required, you may request that the court prepare it. The
party ordering the transcript must pay for it. To request a transcript call 602-506-7100 and
provide the date of the proceeding, the case number, the case caption, if the transcript is for an
appeal, and your name, address and telephone number. With this new technology, a court
reporter is likely not required and the parties are encouraged to experience the court's video
recording system before requesting a court reporter.
IF ANY ISSUES IN THE MOTION RELATE TO DISCOVERY PROBLEMS,
COUNSEL SHALL CONFER TO ATTEMPT TO RESOLVE THEIR DIFFERENCES OR TO
REDUCE THE AREAS OF DISPUTE. COUNSEL ARE REMINDED THAT THE COURT
WILL LIKELY IMPOSE SANCTIONS AGAINST THE LOSING PARTY IN ACCORDANCE
WITH RULE 37(a)(4), RULES OF CIVIL PROCEDURE.
IT IS FURTHER ORDERED:
Any motion or stipulation for continuance must be filed with the Court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
All memoranda and affidavits regarding the motion must be filed and copies lodged with
this division no later than four court days prior to the date set for hearing.
Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules Of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1 (b), A.R.C.P.
No agreement by the parties to modify the pleading schedule will be honored by the
Court unless the Court is notified and approves the parties’ agreement. Any such agreement
will not change the argument date without a court Order and will, in any event, require that all
motions are fully briefed and at issue not later than one full week before the argument date.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-017637
09/06/2017
Docket Code 094
Form V000A
Page 3
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.
09/19/2017 — CV2016017637 JENKINS, HENRY E 09/19/2017 HONORABLE CHRISTOPHER WHITTEN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/21/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-017637
09/19/2017
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
T. Cooley
Deputy
RIGGS RANCH MEADOWS HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
HENRY E JENKINS, et al.
HENRY E JENKINS
2994 E MAHOGANY PL
CHANDLER AZ 85249
MINUTE ENTRY
The Court has received the Plaintiff's "Motion to Continue Hearing," filed September 11,
2017. Although the body of the motion refers to a request to "continue this case for 10 days," the
Court assumes that the objective of the motion is to reschedule the oral argument on Plaintiff's
Motion for Summary Judgment, which is currently set for September 21, 2017.
Good cause appearing,
IT IS ORDERED vacating the oral argument on Plaintiff's Motion for Summary
Judgment set on September 21, 2017 and resetting same to October 2, 2017 at 10:00 a.m.
10/02/2017 — CV2016017637 JENKINS, HENRY E 10/02/2017 HONORABLE CHRISTOPHER WHITTEN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/06/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-017637
10/02/2017
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
C. Ramirez/T. Cooley
Deputy
RIGGS RANCH MEADOWS HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
HENRY E JENKINS, et al.
HENRY E JENKINS
2994 E MAHOGANY PL
CHANDLER AZ 85249
MINUTE ENTRY
Courtroom 201-OCH
10:11 a.m. This is the time set for Oral Argument re: Plaintiff’s Motion for Summary
Judgment Re: lien Foreclosure. Plaintiff is represented by counsel, Philip N Brown. Defendant
was not present nor was represented by counsel.
A record of the proceedings is made digitally in lieu of a court reporter.
The Court has considered Plaintiff’s Motion for Summary Judgment Re Lien Foreclosure
filed June 30, 2017, Defendant’s Response filed August 4, 2017, and Plaintiff’s Reply filed
August 24, 2017. Although the Defendant did not appear for it, an oral argument was scheduled
for October 2, 2017.
Defendant provides no evidence, in response to the motion, that any payment was ever
mailed – no cancelled check, no bank statement, no return receipt. Absent any such evidence, the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-017637
10/02/2017
Docket Code 005
Form V000A
Page 2
Court cannot require the forbearance on the HOA’s part that Mr. Jenkins apparently expected. It
is entitled to the full relief provided for in the CC&Rs. Accordingly,
IT IS ORDERED Plaintiff’s Motion for Summary Judgment Re Lien Foreclosure is
granted
10:12 a.m. Matter concludes.
