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Maricopa County Superior Court Case CV2001-021556: public docket details, parties, minute entries, documents, and official source links for Lindita Homeowners Association.

Case Number

CV2001-021556

County

Maricopa

Caption

Not captured

Filed

12/12/2001

Case Type

Civil

Judge

Arbitration 01 | Minder

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
01/06/2003
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CARI A. HARRISON
S. Stewart
Deputy
FILED: 01/14/2003
SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES
v.
PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL
ROBERT J TRAICA
CRAIG H KAUFMAN
CRAIG M COLBY
BRADLEY ELECTRIC, INC
1415 E GUADALUPE SUITE 104
TEMPE AZ 85283
ORAL ARGUMENT SET
On Court’s own motion,
IT IS ORDERED setting a telephonic Oral Argument on Plaintiff’s Motion for
Reconsideration of the Court’s Order Granting the Holub’s Motion to Stay for January 10,
2003, at 9:30 a.m. The allotted time is 15 minutes.
NOTE: Plaintiff shall initiate the call to the Court at (602) 506-0967 at the time of
the hearing.
IT IS FURTHER ORDERED allowing Defendants’ opportunity to submit a response
no later than 5:00 p.m. on January 9, 2003.
IT IS FURTHER ORDERED setting Oral Argument on Defendants’ Motion to Dismiss
for January 31, 2003, at 10:30 a.m. The allotted time is 15 minutes. Counsel shall appear in
person.
LET THE RECORD REFLECT that a copy of this minute entry was sent to all counsel
noted above via facsimile transmission on January 7, 2003.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
01/10/2003
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CARI A. HARRISON
S. Stewart
Deputy
FILED: 01/17/2003
SUNSTATE EQUIPMENT CO LLC
JOSHUA GRABEL
v.
PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL
SCOTT A KLUNDT
STEVEN FEOLA
DAVID M COLBY
BRADLEY ELECTRIC INC
1415 E GUADALUPE SUITE 104
TEMPE AZ 85283
ORAL ARGUMENT
9:35 a.m. IN CHAMBERS. This is the time set for oral argument on Plaintiff’s Motion
for Reconsideration. Plaintiff is represented by counsel, Joshua Grabel. Defendant Phase II
Concepts, Inc. is represented by counsel, John A. O’Neill. Defendant Phase I Properties, Inc. is
represented by counsel, Seven Feola.
No Court Reporter is present.
Argument is heard regarding the Court’s ruling granting Defendant Holub’s Motion to
Stay Plaintiff’s Motion for Partial Summary Judgment pending the ruling on the Motion to
Dismiss.
IT IS ORDERED taking this matter under advisement.
9:45 a.m. Matter concludes.
Later:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
01/10/2003
Docket Code 094
Form V000A
Page 2
After further consideration, the Court finds that both the Defendant’s Motion to Dismiss
and the Plaintiff’s Motion for Partial Summary Judgment should be heard at the same time.
IT IS ORDERED vacating the oral argument on the Motion to Dismiss set for January
31, 2003, and resetting it in conjunction with the oral argument on the Motion for Partial
Summary Judgment on February 7, 2003, at 2:30 p.m. The allotted time is 30 minutes.
IT IS FURTHER ORDERED that Defendants shall file a response to the Motion for
Partial Summary Judgment and deliver or fax it to the Plaintiff by 5:00 p.m. on January 31,
2003. The reply shall be delivered or faxed by 5:00 p.m. on February 5, 2003.
LET THE RECORD REFLECT that a copy of this minute entry was sent to all counsel
noted above via facsimile transmission on this date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2001-021556

01/20/2004

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
A. Reinhart

Deputy

FILED: 01/27/2004

SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES

v.

PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL

SCOTT A KLUNDT
STEPHEN G MONTOYA
ROBERT J TRAICA

MINUTE ENTRY

On the Court’s own motion,

IT IS ORDERED setting oral argument on February 20, 2004, at 2:30 p.m. (Allotted
Time: 30 minutes) re: Crossclaimant Phase II’s Motion to Vacate Arbitration and Motion to
Dismiss Action.

This division encourages telephonic hearings. Counsel are to contact this division to
confirm their telephonic appearance a few days prior to hearing and provide the court with a
phone number to be reached at for the hearing.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
02/07/2003
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CARI A. HARRISON
S. Stewart
Deputy
FILED: 02/12/2003
SUNSTATE EQUIPMENT CO LLC
JOSHUA GRABEL
v.
PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL
SCOTT A KLUNDT
ROBERT J TRAICA
ORAL ARGUMENT
2:30 p.m. This is the time set for oral argument on Plaintiff’s Motion for Reconsideration
and Defendants’ Motion to Dismiss. Plaintiff is represented by counsel, Joshua Grabel.
Defendant Phase II Concepts, Inc. and Holub are represented by counsel, John A. O’Neill.
Court Reporter, Scott Coniam, is present.
Arguments are presented to the Court.
IT IS ORDERED taking these matters under advisement.
3:08 p.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
02/10/2003
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CARI A. HARRISON
S. Stewart
Deputy
FILED: 02/12/2003
SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES
v.
PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL
SCOTT A KLUNDT
ROBERT J TRAICA
DAVID M COLBY
BRADLEY ELECTRIC INC
1415 E GUADALUPE SUITE 104`
TEMPE AZ 85283
DALE EVANS
AKAYLA CUSTOM HOMES INC
7556 E KIVA
MESA AZ 85028
TRIAL DATE SET
A Motion to Set and Certificate of Readiness having been filed in this case,
IT IS ORDERED, as follows:
TRIAL
This matter is set for a Trial to the Court on June 9, 2003, at 9:30 a.m.
Estimated length of trial: 2 days.
THIS IS A FIRM TRIAL SETTING.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
02/10/2003
Docket Code 089
Form V000A
Page 2
DISCLOSURE AND DISCOVERY
Discovery Cutoff
All discovery shall be completed no later than April 10, 2003.
MOTIONS
All motions shall be filed no later than March 11, 2003.
Counsel are advised this division does not have an assigned court reporter. Counsel shall
contact this division three days in advance of a scheduled hearing date at (602) 506-0967 to
request a court reporter if they determine one is necessary.
FINDINGS OF FACT/MEMORANDA
No later than June 4, 2003, counsel (or the parties) shall file and provide this division with
copies of the following:
Findings of Fact
Any 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).
Trial Memoranda
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.
EXHIBITS
Both parties shall present all exhibits to the Clerk of this division no later than three (3)
days prior to the trial or hearing date. If the total number of exhibits (all parties’ exhibits
combined) exceeds 100, the exhibits must be presented no less than one week prior to the
trial or hearing date. In addition to the exhibits, a written list of exhibit descriptions shall be
provided either in hard copy or disk format.
NOTICE OF SETTLEMENT
Counsel and the parties are reminded of their obligation to give prompt notice of any
settlement to the Court in accordance with Rule 5.1(c), Arizona Rules of Civil Procedure, and
Maricopa County Local Rules 2.10(b) and 3.6(c).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2001-021556

02/20/2004

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
M. Johnson

Deputy

FILED: 02/25/2004

SUNSTATE EQUIPMENT CO LLC

v.

PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL

SCOTT A KLUNDT
STEPHEN G MONTOYA
ROBERT J TRAICA

MINUTE ENTRY

2:28 p.m. This is the time of hearing defendant/crossclaimant Phase II’s motion to
vacate arbitration and dismiss action (on basis plaintiff’s claims against Phase I and Phase II
were settled and the only matter left is the cross claim of Phase II and Holub against Phase I for
indemnity and Phase II agrees to dismiss its cross claim now; also apparently an argument that
Phase I is not entitled to any judgment against Phase II as a matter law). The court realizes that
plaintiff is now out of the case. Counsel John A. O’Neill is present telephonically on behalf of
defendant Phase II. Counsel Steven Feola is present in person on behalf of defendant Phase I.

Court Reporter Lorraine Chalkey is present.

After discussion and the court realizing it does not have a file and no longer has Phase II
motion and that it never received a response from Phase I,

IT IS ORDERED continuing the hearing to March 15, 2004 at 8:15 a.m. (15 min.). In
the interim Phase II’s motion will be given to the court as well as Phase I response and Phase II
will file a reply to the response. Mr. Feola will fax a copy of the response to the court and
counsel on this coming Monday.

2:35 p.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2001-021556

03/15/2004

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
J. Pinter

Deputy

FILED: 03/17/2004

SUNSTATE EQUIPMENT CO LLC

v.

PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL

STEVEN FEOLA
CHARLES E BURI
COURT ADMIN-CIVIL-ARB DESK

MINUTE ENTRY

8:20 a.m. IN CHAMBERS: This is the time set for oral argument re: Cross-claimant
Phase II’s Motion to Dismiss and Phase I’s Alternative Motion to Amend it’s Cross-Claim, if the
court believes the indemnity claim against Phase II is not properly pleaded. Counsel John A.
O’Neill is present telephonically on behalf of defendant Phase II Concepts, Inc., and counsel,
Steven Feola is present on behalf of defendant Phase I Properties, Inc.

Court Reporter Lorraine Chalkey is present.

Discussion is held among court and counsel.

IT IS ORDERED as follows:

1.
Denying Phase II’s Motion to Dismiss for reasons stated by the court as stated
on the record.
2.
Granting Phase I’s Motion to Amend Cross-Claim in part, in that the court
broadens the term “judgment” to refer to any payment made by Phase I to
Sunstate. The court is of the view that Phase II had sufficient notice of an
implied indemnity, and the court feels that at this phase there is implied
indemnity in this case. This is without prejudice to motions for summary
judgment and further briefing on the issue.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2001-021556

03/15/2004

Docket Code 019
Form V000A
Page 2

3.
Referring this matter back to the Arbitration Desk for appointment of a new
arbitrator. Mr. Buri has done yeoman work as arbitrator in this case, and feels
he can no longer operate impartially (according to the lawyers present this
date). Mr. Buri is now relieved as arbitrator in this matter with appreciation
for his service.

8:25 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
03/17/2003
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CARI A. HARRISON
S. Stewart
Deputy
FILED: 03/21/2003
SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES
v.
PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL
SCOTT A KLUNDT
ROBERT J TRAICA
DAVID M COLBY
BRADLEY ELECTRIC INC
1415 E GUADALUPE SUITE 104
TEMPE AZ 85283
DALE EVANS
AKAYLA CUSTOM HOMES INC
7556 E KIVA
MESA AZ 85028
RULING
The Court has considered the Defendants Phase II Concepts, Inc. and Steven Holub and
Jane Doe Holub’s Motion to Dismiss, the Plaintiff’s Response and Cross-Motion for Summary
Judgment, the Defendants’ Reply and Response and the Plaintiffs’ Reply on the Cross-Motion.
The Court finds that the date to effect service of process was appropriately extended and
that no prejudice resulted to Defendants by the extension. Furthermore, Plaintiff could simply
re-file this cause of action as the statute of limitations has not expired.
The parties have submitted affidavits in support of their positions on the Cross-Motion
for Summary Judgment. The Court finds that there are issues of fact that preclude entry of
judgment as a matter of law.
IT IS ORDERED DENYING Defendants’ Motion to Dismiss and Plaintiff’s Motion for
Summary Judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
04/11/2003
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CARI A. HARRISON
S. Stewart
Deputy
FILED: 04/18/2003
SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES
v.
PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL
SCOTT A KLUNDT
ROBERT J TRAICA
DAVID M COLBY
BRADLEY ELECTRIC IN
1415 E GUADALUPE SUITE 104
TEMPE AZ 85283
DALE EVANS
AKAYLA CUSTOM HOMES INC
7556 E KIVA
MESA AZ 85028
RULING
The Court has considered the Plaintiff Sunstate Equipment Co., LLC’s Motion for
Summary Judgment and Default Judgment on Lien Foreclosure Claim and Motion for Summary
Disposition of the Motion. There has been no response filed. Accordingly, pursuant to Rule
7.1(b) of the Arizona Rules of Civil Procedure, the Court will rule summarily on the motion.
With good cause appearing,
IT IS ORDERED granting judgment in favor of Plaintiff and against Defendants on the
lien foreclosure claim. Plaintiff shall submit a proposed judgment consistent with this order
including the amounts to be recovered. Plaintiff shall submit an application for attorney’s fees
and costs with the judgment.

SUPERIOR COURT OF ARIZONA *** FILED ***
MARICOPA COUNTY 06/13/2002
06/12/2002
CLERK OF THE COURT
FORM V000A
HON. EDWARD O. BURKE
B. Navarro
Deputy
CV 2001-021556
Docket Code 066
Page 1
FILED: _________________
SUNSTATE EQUIPMENT CO LLC
JOSHUA GRABEL
v.
PHASE II CONCEPTS INC, et al.
ROBERT J TRAICA
SCOTT A KLUNDT
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to Honorable Cathy M.
Holt, who has disqualified herself. The case was transferred to
the Civil Presiding Judge for reassignment.
IT IS ORDERED that this case be assigned to Civil Calendar
CVJ15,
the
Honorable
Cari
A.
Harrison
for
all
further
proceedings.
Motions pending: Plaintiff’s Motion to Extend Time Limit
for Service of Process Pursuant to Rule 4(i)
cc: Judge Harrison

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
06/16/2003
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CARI A. HARRISON
M. L. Smith
Deputy
FILED: 06/24/2003
SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES
v.
PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL
SCOTT A KLUNDT
ROBERT J TRAICA
ORAL ARGUMENT SET
IT IS ORDERED setting oral argument on Sunstate Equipment Co., LLC’s Application
for Attorneys’ Fees for July 31, 2003 at 9:00 a.m. in this division.
The allotted time is 15 minutes.
Note: Counsel and the parties are informed that effective June 23, 2003, Judge Harrison’s
calendar will be assumed by Judge Robert L. Gottsfield. Judge Gottsfield’s division will be
located in the Old Courthouse, 125 W. Washington, Suite 202, Phoenix, AZ 85003.
If counsel are going to be citing or relying upon cases from jurisdictions other than
Arizona, copies of the cases shall be submitted to the Court with the filings of counsel.
Counsel are advised this division does not have an assigned court reporter. Counsel shall
contact this division three days in advance of a scheduled hearing date at (602) 506-0967 to
request a court reporter if they determine one is necessary.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
06/30/2003
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
M. Johnson
Deputy
FILED: 07/02/2003
SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES
v.
PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL
SCOTT A KLUNDT
ROBERT J TRAICA
MINUTE ENTRY
Based on unopposed motion of plaintiff to continue trial from August 11, 2003 to a date
in September,
IT IS ORDERED granting motion and vacating trial on August 11, 2003 and resetting
same to September 22, 2003 at 9:30 a.m. (2 days to the court).
IT IS FURTHER ORDERED setting telephonic pretrial conference on September 17,
2003 at 9:00 a.m. (15 min.). The court will need a joint pretrial statement the day before said
pretrial.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
07/31/2003
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
M. Johnson
Deputy
FILED: 08/11/2003
SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES
v.
PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL
SCOTT A KLUNDT
ROBERT J TRAICA
MINUTE ENTRY
This is the time set of hearing motion for attorney’s fees. The court was advised
previously that the issue of attorney’s fees has been resolved,
IT IS ORDERED vacating the hearing set this date.
The court understands that any orders presented to the court in the past should not be
signed and that a new form of order will be presented to the court.
IT IS FURTHER ORDERED affirming trial date of September 22, 2003 at 9:30 a.m. (2
day bench trial) and comprehensive pretrial conference set on September 17, 2003 at 9:00 a.m.
(15 min.). The comprehensive pretrial conference will be telephonic.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2001-021556

09/01/2004

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
L. Muhammad

Deputy

FILED: 09/06/2004

SUNSTATE EQUIPMENT CO LLC

v.

PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL

STEVEN FEOLA
STEVEN LLOYD GOODMAN

COURT ADMIN-CIVIL-ARB DESK

MINUTE ENTRY

IN CHAMBERS

8:30 a.m. This is the time of telephonic status conference requested by Phase I. Only
Phase I and Phase II remain in the case. Present on conference telephone are John A. O’Neill on
behalf of Phase II and Steven Feola on behalf of Phase I.

Court reporter: Mike Haley.

After discussion,

IT IS ORDERED that staff will contact the Arbitration Office to have an arbitrator
appointed pursuant to this Court’s minute entry order of March 15, 2004.

Hearing in Chambers concludes.

LATER:

The Court has now learned that Steven Lloyd Goodman has been appointed as the new
arbitrator and that there was a problem with the December 2003 appointment of an arbitrator in
this case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2001-021556
09/02/2003
Docket Code 350
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
T. Melius
Deputy
FILED: 09/11/2003
SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES
v.
PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL
SCOTT A KLUNDT
ROBERT J TRAICA
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
The Court has received and read Defendant Crossclaimant Phase II’s Motion to vacate
trial date and appoint arbitrator, and there being no objection by any remaining party,
IT IS ORDERED as follows:
1. Sending this matter to the Arbitration Office for appointment of an arbitrator as soon
as possible.
2. Vacating trial date set for September 22, 2003 at 9:30 a.m. and the Comprehensive
Pretrial Conference date set for September 17, 2003 at 9:00 a.m.
3. Approving, signing, filing formal Order this date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2001-021556

09/16/2003

Docket Code 002
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
M. Johnson

Deputy

FILED: 09/23/2003

SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES

v.

PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL

MINUTE ENTRY

Pursuant to plaintiff’s counsel’s request and there being no objection,

IT IS ORDERED vacating the hearing set this date.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2001-021556

12/15/2003

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
M. Johnson

Deputy

FILED: 12/24/2003

SUNSTATE EQUIPMENT CO LLC
FRANCES J HAYNES

v.

PHASE II CONCEPTS INC, et al.
JOHN A O'NEILL

SCOTT A KLUNDT
STEPHEN G MONTOYA
ROBERT J TRAICA
CHARLES E BURI

MINUTE ENTRY

Based on motion and good cause appearing,

IT IS ORDERED excusing Charles E. Buri as Arbitrator herein and requesting the
Arbitration Office to appoint a new arbitrator.

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