01/21/2022 — CV2021018615 AT MCDOWELL MOUNTAIN HOMEOWNERS ASSOCIATION, CIMARRON HILLS 01/21/2022 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/26/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018615
01/21/2022
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley
Deputy
CIMARRON HILLS AT MCDOWELL
MOUNTAIN HOMEOWNERS ASSOCIATION
MARK K SAHL
v.
MICHELLE FORD
KEVIN R HARPER
HENRY NICKOLAS EICHER
JUDGE MAHONEY
EVIDENTIARY HEARING SET
East Court Building – Courtroom 411
10:19 a.m. This is the time set for a virtual Order To Show Cause Return Hearing on
Plaintiff’s Request For Preliminary and Permanent Injunctions, filed 12/8/21. Plaintiff is
represented by Counsel Mark K. Sahl and Henry Nicholas Eicher. Defendant is represented by
Counsel Kevin Harper. All appearances are virtual and/or telephonic via Court Connect/Microsoft
Teams.
A record of the proceedings is made digitally in lieu of a court reporter.
Mr. Harper advises the Court that he is representing the Defendant Michelle Ford and that
he filed her Answer and Counterclaim yesterday, 1/20/22, a copy of which was emailed to Court
staff just minutes ago. Plaintiff’s counsel confirm that they have received and reviewed
Defendant’s Answer and Counterclaim.
Discussion is held as to the claims set forth in Defendant’s Counterclaim.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018615
01/21/2022
Docket Code 056
Form V000A
Page 2
The Court has reviewed Plaintiff’s Verified Complaint, filed 12/7/21, and Plaintiff’s
Request for Preliminary And Permanent Injunctions, filed 12/8/21.
Mr. Harper informs the Court that counsel have conferred and have reached agreement on
how to proceed with this litigation. The Court inquires if counsel have discussed settlement. Mr.
Stahl informs the Court that the parties and counsel are involved in settlement negotiations. Mr.
Stahl states that he and defense counsel are requesting an Evidentiary Hearing consolidated with
Trial on the Merits in approximately 120 days. The Court urges counsel to continue settlement
discussions.
Discussion is held regarding setting an Evidentiary Hearing/Trial on the merits.
IT IS ORDERED setting an Evidentiary Hearing consolidated with Trial on the Merits on
6/1/22 at 9:00 a.m. (time allotted: 6 hours to be divided equally between the parties) before:
Honorable Margaret R. Mahoney
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 506-0387
The hearing hours will be as follows: 9:00 a.m. to 12:00 p.m., and 1:30 p.m. to 4:30 p.m.
IT IS FURTHER ORDERED that all parties shall hand-deliver to the Clerk of this
Division (1) all Exhibits to be used at the hearing and (2) a bench copy for the Court of all Exhibits
in a tabbed binder at least seven (7) business days prior to the hearing. Please contact the
Clerk with any questions regarding procedures for marking and submitting Exhibits (602)
506-7504. All hearing Exhibits shall have been exchanged prior to that time. Exhibits shall be
accompanied with a numbered list of each Exhibit and shall be separated with a blank sheet of
colored paper. No duplicate Exhibits shall be presented for marking. Exhibits are marked in
numerical order per party, making it necessary to mark all of one party’s Exhibits before marking
the other party’s. Accordingly, the Defendant’s Exhibits numbering shall start at the next number
following the last of Plaintiff’s Exhibits. (For example, Plaintiff submits 10 Exhibits, which are
marked Exhibit 1 through 10. Defendant submits 10 Exhibits, which are marked 11 through 20).
Exhibits must be stapled or bound together prior to delivery to the clerk.
IT IS FURTHER ORDERED counsel shall file and contemporaneously email to Court
staff at least five (5) business days prior to the hearing, a Joint Hearing Statement signed by all
counsel/parties.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018615
01/21/2022
Docket Code 056
Form V000A
Page 3
a) Deposition Summary (if applicable): Counsel shall provide to the Court
copies of any deposition transcripts to be read in place of live testimony.
The offering party will highlight the portions to be read, the other side will
highlight Rule 106 additions, and any objections for the Court to rule on
will be clearly marked in the margin. The parties are encouraged to agree
on narrative summaries of deposition testimony, using brief question and
answer excerpts only to emphasize very important testimony or to cover
areas of testimony that cannot be summarized to the satisfaction of all
counsel. No stipulation should be unreasonably refused.
b) Exhibit List and Final List of Witnesses: The Joint Hearing Statement shall
include an Exhibit titled: Exhibit List and Final List of Witnesses. The
Exhibit shall contain a list of each party’s exhibits and a list of the names
of each witness a party actually intends to call at the hearing, the day on
which they intend to call each witness and the estimated time needed for
direct, cross and re-direct examination.
NOTICE: Exhibits Marked But Not Offered
All exhibits (electronic or paper) not offered/received into evidence the day of the hearing will be
disposed of by the courtroom clerk, unless a party requests that the evidence be returned prior to
the conclusion of the hearing.
NOTE: All Court proceedings are recorded digitally 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.
10:33 a.m. Matter concludes.
* * * *
IT IS FURTHER ORDERED that when the Court so directs expressly, or when a filing
is time-sensitive, the parties shall also email it contemporaneously to all parties and Court staff,
when eFiling the document due to the processing time in the Clerk’s Office for all e-filed
documents.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018615
01/21/2022
Docket Code 056
Form V000A
Page 4
Email addresses for Court staff are as follows:
JA, Jennifer “JJ” Sommerville, [email protected]
Courtroom Assistant/Bailiff, Allison Gonzalez, [email protected]
PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court filings in this case must be submitted individually. Counsel shall not combine any motion
with a responsive pleading. All motions are to be filed separately and designated as such. No filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.
FOR ALL IN-PERSON APPEARANCES: Due to the spread of COVID-19, the
Arizona Supreme Court Administrative Order 2021-109 and the Maricopa County Superior Court
Administrative Order 2021-119 require all individuals entering a court facility in Maricopa
County to wear a mask or face covering at all times that they are inside the facility. Any person
who refuses to wear a mask or face covering as directed by court personnel will be denied access
to the facility. If a participant is denied physical access to a courthouse for refusing to wear a face
covering, the participant must contact the assigned judicial division to determine whether the
person can participate in the proceeding using an audio or video connection.
05/11/2022 — CV2021018615 AT MCDOWELL MOUNTAIN HOMEOWNERS ASSOCIATION, CIMARRON HILLS 05/11/2022 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/12/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018615
05/11/2022
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley
Deputy
CIMARRON HILLS AT MCDOWELL
MOUNTAIN HOMEOWNERS ASSOCIATION
MARK K SAHL
v.
MICHELLE FORD
KEVIN R HARPER
HENRY NICKOLAS EICHER
JUDGE MAHONEY
MINUTE ENTRY
In anticipation of the Trial on the Merits scheduled on 6/1/22 at 9:00 a.m. to 4:30 p.m., the
Court ordered on 1/21/22 a Joint Hearing Statement be filed no later than 5 business days before
6/1/22. As this proceeding is an actual Trial on the Merits, rather than a Joint Hearing Statement
the parties will need to file and contemporaneously email to Court staff a Joint Pretrial
Statement as provided in Rule 16(f) by no later than 5 p.m. on Thursday, 5/19/22.
LET THE RECORD REFLECT counsel have been notified of the foregoing via email
from Court staff on 5/11/22 at 4:06 p.m.
* * * *
IT IS FURTHER ORDERED that when the Court so directs expressly, or when a filing
is time-sensitive, the parties shall also email it contemporaneously to all parties and Court staff,
when eFiling the document due to the processing time in the Clerk’s Office for all e-filed
documents.
Email address for Court staff is as follows:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018615
05/11/2022
Docket Code 025
Form V000A
Page 2
JA, Jennifer “JJ” Sommerville, [email protected]
IT IS FURTHER ORDERED that any party who intends to ask the Court to vacate or
reset any scheduled hearing shall notify this Division of said request as soon as possible, and absent
extraordinary circumstances, in any event no later than two (2) full Court days before the scheduled
proceeding. Reasons for such a request may include, but are not limited to, the movant intends to
withdraw the motion which is set for hearing, the parties have resolved the issue, the motion has
become moot, or scheduling conflicts have arisen.
PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court filings in this case must be submitted individually. Counsel shall not combine any motion
with a responsive pleading. All motions are to be filed separately and designated as such. No filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other separate filings for review and
consideration as part of the pending filing.
NOTE: Every person should have a face covering in his/her possession because face
masks may be required at the discretion of the Judge.
05/17/2022 — CV2021018615 AT MCDOWELL MOUNTAIN HOMEOWNERS ASSOCIATION, CIMARRON HILLS 05/17/2022 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/18/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018615
05/17/2022
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
P. McKinley
Deputy
CIMARRON HILLS AT MCDOWELL
MOUNTAIN HOMEOWNERS ASSOCIATION
MARK K SAHL
v.
MICHELLE FORD
KEVIN R HARPER
HENRY NICKOLAS EICHER
JUDGE MAHONEY
CASE ON DISMISSAL CALENDAR
The Court has received the Notice of Settlement filed 5/13/22 by Plaintiff.
IT IS ORDERED setting this matter for dismissal on 7/17/22. Unless a Stipulated
Judgment or a Stipulation for Dismissal, along with a proposed form of Order, is submitted to the
Court before that date, or the Court otherwise extends the deadline for good cause shown, all
remaining claims and parties will be dismissed.
IT IS FURTHER ORDERED vacating all future hearing dates and deadlines, if any.
IT IS FURTHER ORDERED deeming any pending motions moot due to the parties’
settlement.
* * * *
IT IS FURTHER ORDERED that when the Court so directs expressly, or when a filing
is time-sensitive, the parties shall also email it contemporaneously to all parties and Court staff,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018615
05/17/2022
Docket Code 375
Form V000A
Page 2
when eFiling the document due to the processing time in the Clerk’s Office for all e-filed
documents.
Email address for Court staff is as follows:
JA, Jennifer “JJ” Sommerville, [email protected]
IT IS FURTHER ORDERED that any party who intends to ask the Court to vacate or
reset any scheduled hearing shall notify this Division of said request as soon as possible, and absent
extraordinary circumstances, in any event no later than two (2) full Court days before the scheduled
proceeding. Reasons for such a request may include, but are not limited to, the movant intends to
withdraw the motion which is set for hearing, the parties have resolved the issue, the motion has
become moot, or scheduling conflicts have arisen.
PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court filings in this case must be submitted individually. Counsel shall not combine any motion
with a responsive pleading. All motions are to be filed separately and designated as such. No filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other, separate filings for review and
consideration as part of the pending filing.
NOTE: Every person should have a face covering in his/her possession because face
masks may be required at the discretion of the Judge.
08/09/2022 — CV2021018615 AT MCDOWELL MOUNTAIN HOMEOWNERS ASSOCIATION, CIMARRON HILLS 08/09/2022 HONORABLE SCOTT BLANEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Filed ***
08/11/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018615
08/09/2022
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SCOTT BLANEY
P. McKinley
Deputy
CIMARRON HILLS AT MCDOWELL
MOUNTAIN HOMEOWNERS ASSOCIATION
MARK K SAHL
v.
MICHELLE FORD
KEVIN R HARPER
HENRY NICKOLAS EICHER
JUDGE BLANEY
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
By Minute Entry dated May 17, 2022 and filed May 18, 2022, this case was placed on the
Dismissal Calendar for dismissal on July 17, 2022 unless by that date a Stipulated Judgment or a
Stipulation for Dismissal, along with a proposed form of Order, was submitted to the Court or
the Court otherwise extended the deadline for good cause shown. The date has passed and no
such actions have been taken.
IT IS THEREFORE ORDERED dismissing this case without prejudice.
/s/ HONORABLE SCOTT BLANEY
__________________________________________
HONORABLE SCOTT BLANEY
JUDICIAL OFFICER OF THE SUPERIOR COURT
