Case Header

Maricopa County Superior Court Case CV2013-001187: public docket details, parties, minute entries, documents, and official source links for Sands Scottsdale Home Owners Association.

Case Number

CV2013-001187

County

Maricopa

Caption

Not captured

Filed

2/4/2013

Case Type

Civil

Judge

Mata, Julie

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/16/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-001187

01/15/2014

Docket Code 073
Form V000A
Page 1

CLERK OF THE COURT
HON. JOHN REA
L. Gilbert

Deputy

SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ

v.

SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN

MOTION WITHDRAWN

The Court is in receipt of Plaintiffs’ January 10, 2014 Notice of Withdrawal of Plaintiffs’
Motion to Postpone Evidentiary Hearing. Accordingly, Plaintiffs’ January 8, 2014 Motion is
considered withdrawn and no action will be taken.

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.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/12/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-001187

02/11/2014

Docket Code 078
Form V000A
Page 1

CLERK OF THE COURT
HON. JOHN REA
L. Gilbert

Deputy

SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ

v.

SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN

SETTLEMENT/PLACED ON INACTIVE CALENDAR

The Court having received the parties’ February 10, 2014 Joint Report Regarding
Mediation,

IT IS ORDERED vacating the Telephonic Status Conference set for March 5, 2014 and the
Evidentiary Hearing set for April 11, 2014.

IT IS FURTHER ORDERED placing this matter on the inactive calendar for dismissal
without further notice on March 31, 2014, unless prior to said date a judgment is entered or filed,
a stipulation of dismissal is presented, or a motion to set and certificate of readiness is filed.

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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/22/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
04/19/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on 1) Defendants’ February 27, 2013 Motion to
Dismiss and 2) Defendants February 27, 2013 Partial Motion to Dismiss re: Breach of Fiduciary
Duty and Punitive Damages on May 9, 2013 at 9:30 a.m. (time allotted: 30 minutes with the
time divided equally between the parties), before:
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
The proceeding will take place in the Superior Court’s “e-courtroom.” 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
04/19/2013
Docket Code 094
Form V000A
Page 2
proceedings for a $20.00 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 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 a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested 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 pleadings will be accepted if filed in combination with another.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
05/09/2013
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
MINUTE ENTRY
East Court Building – Courtroom 414
9:36 a.m. This is the time set for Oral Argument on 1) Defendants’ February 27, 2013
Motion to Dismiss and 2) Defendants’ February 27, 2013 Partial Motion to Dismiss re: Breach of
Fiduciary Duty and Punitive Damages. Plaintiff Sands Scottsdale Townhouses I & II is
represented by counsel, Steven W. Cheifetz and Jacob A. Kubart. Defendants are represented by
counsel, Chad Philip Miesen.
A record of the proceedings is made by audio/videotape in lieu of a court reporter.
Argument is presented.
For the reasons stated on the record,
IT IS ORDERED denying Defendants’ Motions.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
05/09/2013
Docket Code 005
Form V000A
Page 2
IT IS FURTHER ORDERED as follows:
Counsel/parties are to meet personally to discuss all of the matters set forth in Rule 16,
A.R.Cv.P. Counsel/parties shall prepare and file with the Court, no later than June 21, 2013, a
Joint Status/Scheduling Memorandum, and a form of Order, for discovery, motion and disclosure
deadlines.
If the parties agree to the dates, they should prepare an Order in the form set forth below,
containing the provisions which are applicable to their case. For example, paragraph 1 of the
Order set forth below need not be included in the parties’ proposed Order if the parties intend to
disclose their experts’ identity and opinions at the same time they disclose their experts’ areas of
testimony. Similarly, if the parties agree to simultaneously disclose the identity and opinions of
their expert witnesses, they need not include in their proposed Order the language set forth in
paragraph 2a. and b., below.
The proposed Order shall include specific dates (“December 5, 2009” is a specific date.
“90 days prior to trial” is a date in reference to a trial date and is not a specific date). All
applicable blanks should be filled in. Do not incorporate a firm trial date in the proposed
Order.
If counsel/parties are unable to agree on any of the items that are to be included in the
Order, the reasons for their inability to agree shall be set forth in their Scheduling Memorandum
and each shall prepare a separate proposed Order.
The Court will review the Joint Status/Scheduling Memorandum and Scheduling Order.
If all is in order, the Court will set a scheduling/status conference (via separate minute entry)
close to the discovery cutoff date. At the scheduling/status conference, if the parties have
completed discovery and are ready for trial, the Court will set firm dates for the final pretrial
management conference and the trial. If the parties are not ready for trial, the matter will be
placed on the Inactive Calendar for dismissal within 60 days.
If counsel/parties feel a pretrial conference is still necessary at this stage of the litigation,
they should address the reasons why in the first paragraph of the Joint Status/Scheduling
Memorandum.
If a Joint Status/Scheduling Memorandum and Scheduling Order are not timely
submitted, the Court will place the matter on the Inactive Calendar for dismissal.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
05/09/2013
Docket Code 005
Form V000A
Page 3
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
10:17 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
05/09/2013
Docket Code 005
Form V000A
Page 4
SCHEDULING ORDER FORMAT:
The Court has received and reviewed the parties’ Joint Status/Scheduling Memorandum
and proposed Scheduling Order.
In accordance therewith,
IT IS ORDERED as follows:
1.
The parties shall mutually and simultaneously disclose areas of expert testimony
by 5:00 p.m. on ________, 20__. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
20__.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
20__.
2.
The parties shall mutually and simultaneously disclose the identity and opinions
of their expert witnesses by 5:00 p.m. on ________, 20__. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 20__.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 20__.
3.
Any and all discovery requests shall be served by 5:00 p.m. on ________, 20__.
4.
The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________,
20__. [or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
20__.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 20__.
5.
The parties shall mutually and simultaneously disclose their rebuttal expert
witnesses and opinions by 5:00 p.m. on ________, 20__.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
05/09/2013
Docket Code 005
Form V000A
Page 5
6.
All discovery shall be concluded by 5:00 p.m. on ________, 20__.
7.
The parties shall have exchanged up-to-date final Rule 26.1 Supplemental
Disclosure Statements by 5:00 p.m. on ________, 20__. This Order does not
replace the parties’ obligation to seasonably disclose on an on-going basis under
Rule 26.1 as information becomes available.
8.
Settlement conference (choose one):
a.
PRIVATE MEDIATION
The parties shall participate in private mediation by 5:00 p.m. on ________,
20__;
All counsel/parties and their clients, or non-lawyer representatives who have
full and complete authority to settle this case, shall personally appear and
participate in good faith in this mediation, even if no settlement is expected.
The mediator may permit a non-lawyer representative to appear
telephonically if such appearance is requested and granted prior to the
hearing.
OR
b.
REFERRAL TO ADR FOR SETTLEMENT CONFERENCE
**Referral will be issued by Clerk via separate minute entry.**
The parties request a referral to the Court’s Alternative Dispute Resolution Office
(ADR) for the appointment of a judge pro tempore to conduct a settlement
conference. The parties request that the judge pro tempore conduct a settlement
conference not later than ________________, 20__. (NOTE: The ADR Office
requires a minimum of 90 days to set a conference date.)
9.
No expert witnesses, expert opinions, lay witnesses, or exhibits shall be used at
trial other than those disclosed in a timely manner, except for good cause shown
or written agreement of the parties.
10.
Should any discovery disputes arise, counsel/parties, prior to filing discovery
motions, shall meet and confer pursuant to Rule 37, Ariz.R.Civ.P. If the issues
are straightforward enough not to require briefing, counsel/parties
may

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
05/09/2013
Docket Code 005
Form V000A
Page 6
telephonically contact the Court to set up a telephonic conference to discuss any
remaining issues.
11.
The dates set forth in this Order are FIRM dates and will not be extended or
modified by this Court absent good cause. Lack of preparation will not ordinarily
be considered good cause.
12.
Rule 38.1 of Ariz.R.Civ.P. is waived unless and until otherwise ordered by the
Court.
A Telephonic Status/Scheduling Conference for the purpose of assigning a trial date will
be set via separate minute entry.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested 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 pleadings will be accepted if filed in combination with another.
_____________________
______________________________
Date
Honorable John C. Rea
Judge of the Superior Court

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/22/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
07/19/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
MINUTE ENTRY
IT IS ORDERED approving the dates and deadlines in the parties’ Joint
Status/Scheduling Memorandum electronically filed on June 20, 2013, all in accordance with the
formal written Joint Scheduling Order signed by the Court on July 18, 2013 and entered (filed)
by the Clerk on July 19, 2013.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. Copies of this order may be obtained
through AZTurboCourt.gov and from the Customer Service Center located at 601 W. Jackson
St., Phoenix, AZ 85003 once the order has been scanned and docketed by the Clerk of 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/22/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
07/19/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
MINUTE ENTRY
Pursuant to the parties’ Scheduling Order,
IT IS ORDERED setting a Telephonic Status/Scheduling Conference for the purpose of
assigning a trial date on January 8, 2014 at 9:00 a.m. (time allotted: 10 minutes).
Counsel/parties shall have their trial calendars available for the conference.
NOTE: Counsel for the Plaintiffs is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division (602-372-0382) at the scheduled time.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings
for a $20.00 charge. If a CD 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
07/19/2013
Docket Code 028
Form V000A
Page 2
payment of the fee and present both the receipt and the form to the 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 a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested 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 pleadings will be accepted if filed in combination with another.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/01/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
07/29/2013
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
MINUTE ENTRY
East Court Building – Courtroom 414
4:00 p.m. In chambers: This is the time set for Telephonic Conference on Defendants’
Emergency Motion for Protective Order. All parties appear telephonically. Plaintiff is
represented by counsel, Steven W. Cheifetz and Randal W. Studer, Jr. Defendant Sands
Scottsdale Home Owners Association is represented by counsel, Chad Philip Miesen.
A record of the proceedings is made by audio/videotape in lieu of a court reporter.
Discussion is held regarding the deposition of Mr. Sepersky.
IT IS ORDERED Mr. Sepersky shall make himself available for a deposition to be
conducted no later than close of business on Friday, August 2, 2013.
4:05 p.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
07/29/2013
Docket Code 029
Form V000A
Page 2
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/20/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
08/19/2013
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
MINUTE ENTRY
The Court received a letter from Helen Babian regarding this case. Ms. Babian is not a
party and the letter is ex parte. The Court will not consider or take action on the letter.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/29/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
08/27/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
C. Keller
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
MINUTE ENTRY
The Court has received and considered Plaintiffs’ Request to Exceed Page Limit for their
Motion for Summary Judgment on Count Four of their First Amended Verified Complaint for
Injunctive Relief and to Compel Fair Elections, filed August 21, 2013. Good cause having been
shown,
IT IS ORDERED granting Plaintiffs’ Request to Exceed Page Limit.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/12/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
09/11/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Plaintiffs’ July 30, 2013 Motion to Compel
on September 27, 2013 at 3:00 p.m. (time allotted: 20 minutes with the time divided equally
between the parties), before:
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
The proceeding will take place in the Superior Court’s “e-courtroom.” 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 $20.00 charge. If a CD or videotape is requested, please obtain a form from

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
09/11/2013
Docket Code 094
Form V000A
Page 2
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 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 a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested 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 pleadings will be accepted if filed in combination with another.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/26/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
09/25/2013
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
MINUTE ENTRY
The Court having granted the parties’ September 18, 2013 Stipulation to Extend
Deadlines Contained in Order Dated June 20, 2013,
IT IS ORDERED vacating the Telephonic Status/Scheduling Conference for the purpose
of assigning a trial date set for January 8, 2014 and resetting same to February 3, 2014 at 8:45
a.m. (time allotted: 10 minutes). Counsel/parties shall have their trial calendars available for
the conference.
NOTE: Counsel for the Plaintiffs is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division (602-372-0382) at the scheduled time.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings
for a $20.00 charge. If a CD is requested, please obtain a form from the courtroom clerk or from

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
09/25/2013
Docket Code 083
Form V000A
Page 2
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 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 a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested 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 pleadings will be accepted if filed in combination with another.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
09/26/2013
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
BARRY C SCHNEIDER
MINUTE ENTRY
The Court has been advised that the parties have stipulated to the appointment of a
Discovery Master, Barry C. Schneider. Accordingly,
IT IS ORDERED vacating the Oral Argument on Plaintiffs’ July 30, 2013 Motion to
Compel set for September 27, 2013.
IT IS FURTHER ORDERED referring said motion to the Discovery Master for ruling.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
09/27/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Plaintiffs’ August 21, 2013 Motion for
Summary Judgment on Count Four of Their First Amended Verified Complaint for Injunctive
Relief and to Compel Fair Elections on October 15, 2013 at 8:30 a.m. (time allotted: 30
minutes with the time divided equally between the parties), before:
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
The proceeding will take place in the Superior Court’s “e-courtroom.” 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
09/27/2013
Docket Code 094
Form V000A
Page 2
proceedings for a $20.00 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 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 a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested 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 pleadings will be accepted if filed in combination with another.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/18/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
10/15/2013
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
MINUTE ENTRY
East Court Building – Courtroom 414
8:30 a.m. This is the time set for Oral Argument on Plaintiffs’ August 21, 2013 Motion
for Summary Judgment on Count Four of Their First Amended Verified Complaint for
Injunctive Relief and to Compel Fair Elections. Plaintiffs are represented by counsel, Steven W.
Cheifetz and Jacob A. Kubert. Defendants are represented by counsel, Chad Philip Miesen and
Lindsey O. Stearns.
A record of the proceedings is made by audio/videotape in lieu of a court reporter.
Argument is presented.
IT IS ORDERED Defendants shall file a supplemental response solely on the legal issue
of the 6-2-1 amendment and the removal of cumulative voting violates Article IX, Section 2 of
the Declaration no later than October 29, 2013. Plaintiffs shall file a supplemental reply no later
than November 5, 2013. Upon receipt of said documents, this matter will be deemed submitted

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
10/15/2013
Docket Code 020
Form V000A
Page 2
and taken under advisement. If the legal issue does not prevail, the factual issues of whether or
not the 6-2-1 amendment and the removal of cumulative voting is unreasonable and unfair
remain and said issues will be addressed the evidentiary hearing set forth below.
IT IS FURTHER ORDERED setting an Evidentiary Hearing on 1) the issue of whether
or not the 35% quorum is impractical and attainable; and 2) (if necessary) the factual issues of
whether or not the 6-2-1 amendment and the removal of cumulative voting is unreasonable and
unfair on January 3, 2014 at 9:30 a.m. (time allotted: One (1) day) before:
HONORABLE JOHN REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
IT IS FURTHER ORDERED that all parties shall hand-deliver to the Clerk of this
Division all exhibits to be used at the hearing at least three (3) business days prior to the
hearing. 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. Upon submission of the
exhibits to the clerk, please provide one additional set in a binder for the Judge’s reference
during the hearing. Please contact the Clerk with any questions regarding procedures for
marking and submitting exhibits (602) 506-8806.
IT IS FURTHER ORDERED Counsel shall file, no later than December 30, 2013, a Joint
Hearing Statement signed by all counsel/parties.
a) Deposition Summary: 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
10/15/2013
Docket Code 020
Form V000A
Page 3
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) Final Trial Witnesses: The Joint Hearing Statement shall include an exhibit
titled: Final Hearing Witness List. This list shall contain the name 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.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings
for a $20.00 charge. If a CD 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 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 a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
9:22 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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/04/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
12/03/2013
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
MINUTE ENTRY
The Court having granted the parties’ November 26, 2013 Joint Motion to Modify
Scheduling Order, Stay Certain Proceedings, and Continue Evidentiary Hearing,
IT IS ORDERED vacating the Evidentiary Hearing set for January 3, 2014 and resetting
same to April 11, 2014 at 9:30 a.m. (time allotted: One (1) day) before:
HONORABLE JOHN REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
12/03/2013
Docket Code 003
Form V000A
Page 2
IT IS FURTHER ORDERED that all parties shall hand-deliver to the Clerk of this
Division all exhibits to be used at the hearing at least three (3) business days prior to the
hearing. 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. Upon submission of the
exhibits to the clerk, please provide one additional set in a binder for the Judge’s reference during
the hearing. Please contact the Clerk with any questions regarding procedures for marking and
submitting exhibits (602) 506-8806.
IT IS FURTHER ORDERED Counsel shall file, at least three (3) business days prior to
the hearing, a Joint Hearing Statement signed by all counsel/parties.
Deposition Summary: Counsel shall provide to the Court copies of any
a)
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) Final Trial Witnesses: The Joint Hearing Statement shall include an exhibit
titled: Final Hearing Witness List. This list shall contain the name 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.
The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
12/03/2013
Docket Code 003
Form V000A
Page 3
for a $20.00 charge. If a CD 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 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 a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.
IT IS FURTHER ORDERED vacating the Telephonic Status Conference set for
February 3, 2014 and resetting same to March 5, 2014 at 8:45 a.m. (time allotted: 10 minutes),
in this division.
HONORABLE JOHN C. REA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0382
NOTE: Counsel for the Plaintiffs is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division at the scheduled time.
The proceeding will take place in the Superior Court’s “e-courtroom.” 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 $20.00 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
12/03/2013
Docket Code 003
Form V000A
Page 4
receipt showing payment of the fee and present both the receipt and the form to the 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 a court reporter is required, the Court must receive a written request at least three (3)
court days before the commencement of the proceeding. Failure to timely request a court
reporter will be deemed consent to proceed without a court reporter.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested 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 pleadings will be accepted if filed in combination with another.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/12/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-001187
12/11/2013
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
SANDS SCOTTSDALE TOWNHOUSES I & I I,
et al.
STEVEN W CHEIFETZ
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION, et al.
CHAD PHILIP MIESEN
MINUTE ENTRY
The parties have filed supplemental memoranda on the issues of whether the 6-2-1
ByLaw and the removal of cumulative voting violated Article IX, section 2 of the Master
Declaration, which prohibits actions that would discriminate against any owner in favor of other
owners. The challenged provisions apply equally to all owners. They do not, on their face,
discriminate against Townhouse owners. As the Plaintiffs point out in their supplemental
memorandum, if there is evidence that an action has a disparate impact on an affected party,
there may be a finding of discrimination. The factual record does not establish a disparate
impact as a matter of law.
IT IS ORDERED Plaintiff’s Motion for Summary Judgment on the issues of the 6-2-1
ByLaw and removal of cumulative voting 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.

Documents