05/31/2012 — CV2012003943 RABER, JASON M 05/31/2012 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/01/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-003943
05/31/2012
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
R. Aguilera
Deputy
BELL WEST RANCH HOMEOWNERS
ASSOCIATION
MELISSA S LAVONIER
v.
JASON M RABER, et al.
JASON M RABER
17031 W BRIDLINGTON LN
SURPRISE AZ 85374
KELLI LYN RABER
17031 WEST BRIDLINGTON LANE
SURPRISE AZ 85374
RULING
The Court has read the following:
•
Plaintiff’s Motion for Summary Judgment electronically filed on April 23, 2012;
•
Plaintiff’s Statement of Facts electronically filed on April 23, 2012;
•
Plaintiff’s Notice of Filing Original Declaration of Michael Boyce electronically
filed on April 24, 2012
Defendants, who are not represented by counsel, have failed to respond in any manner to
Plaintiff’s Motion and their time for doing so under Rule 7.1(a), Ariz.R.Civ.P., has expired.
Pursuant to Rule 7.1(b), Ariz.R.Civ.P., the Court finds that Defendants’ unexplained inaction
should be deemed to be a consent to the granting of the Motion. Accordingly, and as Plaintiff’s
Motion and the record in this case establish that Plaintiff is entitled as a matter of law to the
relief it is seeking,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-003943
05/31/2012
Docket Code 019
Form V000A
Page 2
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment.
IT IS FURTHER ORDERED that Plaintiff’s counsel shall submit an appropriate form
of Judgment for the Court’s review and signature by June 20, 2012.
IT IS FURTHER ORDERED that any application for attorney’s fees and costs shall be
submitted with the proposed form of Judgment by the June 20, 2012 deadline.
Defendants shall file any responses/objections thereto in accordance with the
Ariz.R.Civ.P.
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
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.
07/06/2012 — CV2012003943 RABER, JASON M 07/06/2012 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/17/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-003943
07/06/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
R. Aguilera
Deputy
BELL WEST RANCH HOMEOWNERS
ASSOCIATION
MELISSA S LAVONIER
v.
JASON M RABER, et al.
JASON M RABER
17031 W BRIDLINGTON LN
SURPRISE AZ 85374
KELLI LYN RABER
17031 WEST BRIDLINGTON LANE
SURPRISE AZ 85374
MINUTE ENTRY
The Court has read the following:
•
Plaintiff’s Application for Attorneys’ Fees and Costs electronically filed on June
7, 2012;
•
Plaintiff’s counsel’s Statement of Costs and Notice of Taxation of Costs
electronically filed on June 7, 2012;
•
Declaration in Support of Plaintiff’s Application for Attorneys’ Fees and Costs
electronically filed on June 7, 2012
•
Defendants’ Release from All Amounts Claimed to be Owed Prior to January
2013 electronically filed on June 11, 2012;
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-003943
07/06/2012
Docket Code 023
Form V000A
Page 2
•
Plaintiff’s Reply in Support of Application for Attorneys’ Fees and Costs
electronically filed on June 27, 2012
THE COURT FINDS the fee application is reasonable in amount and legally
appropriate per Article IX, Section 9.07 of the Declaration.
IT IS ORDERED awarding Bell West Ranch HOA fees of $2095.10 and costs of
$602.00.
IT IS FURTHER ORDERED that Plaintiff’s counsel shall submit an appropriate form
of Judgment for the Court’s review and signature by July 26, 2012.
Defendant shall file any responses/objections thereto in accordance with the Arizona
Rules of Civil Procedure.
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
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.
