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Maricopa County Superior Court Case CV2012-050858: public docket details, parties, minute entries, documents, and official source links for Bellasera Community Association Inc.

Case Number

CV2012-050858

County

Maricopa

Caption

Not captured

Filed

3/1/2012

Case Type

Civil

Judge

Cushner, Quintin

Location

Northeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/08/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
01/07/2013
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE
v.
BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH
UNDER ADVISEMENT RULING
Having taken under advisement Plaintiffs’ Motion for Partial Summary Judgment, the
Court finds there are no issues of material fact that would preclude the entry of summary
judgment and finds, as a matter of law, there is an easement by necessity.
Accordingly,
IT IS ORDERED GRANTING Plaintiffs’ Motion for Partial Summary Judgment on
Counts 1 and 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 ***

01/15/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

01/14/2014

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH

EVIDENTIARY HEARING SET

3:02 p.m. Courtroom 108 NE. This is the time set for Telephonic Conference Re:
Plaintiffs’ Application for Temporary Restraining Order and Preliminary Injunction, filed
January 13, 2014. Appearing telephonically on behalf of Plaintiffs is counsel, Roger T.
Hargrove. Appearing telephonically on behalf of Defendant is counsel, Lindsey O. Stearns,
appearing on behalf of counsel, Jason E. Smith.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Procedural issues are discussed.

IT IS ORDERED setting Evidentiary Hearing Re: Plaintiffs’ Application for Temporary
Restraining Order and Preliminary Injunction on January 22, 2014 at 1:30 p.m. for 3 hours in
this Division at Northeast Regional Court Center, 18380 North 40th Street, Courtroom 108,
Phoenix, Arizona 85032.

IT IS FURTHER ORDERED the parties shall exchange exhibits and witness lists and
submit their exhibits for marking to this Division no later than 3:00 p.m. on January 17, 2014.

3:07 p.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

01/14/2014

Docket Code 056
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 ***

01/23/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

01/22/2014

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH

STIPULATION REACHED
HEARING VACATED

Prior to the commencement of the hearing, Plaintiffs’ exhibits 1 through 15 are marked
for identification.

2:34 p.m. Courtroom 108 NE. This is the time set for Evidentiary Hearing Re:
Plaintiffs’ Application for Temporary Restraining Order and Preliminary Injunction, filed
January 13, 2014. Appearing on behalf of Plaintiffs are counsel, Roger T. Hargrove and Jenna
Rose Swiren. Appearing on behalf of Defendant are counsel, Jason E. Smith and Lindsey
Stearns.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Counsel respond to questions of the Court.

2:57 p.m. Court stands at recess to allow the parties to discuss their options.

3:31 p.m. Court reconvenes with respective counsel present.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

01/22/2014

Docket Code 005
Form V000A
Page 2

The parties advise that they have reached a stipulation which is set forth on the record as
follows: When Bellasera Community Association reaches the point that they have approval to
go forward to enter into a contractual relationship with Verizon, they will give Plaintiffs five
business days notice so that Plaintiffs can proceed to take action in the court if they think it is
appropriate.

Based on the parties’ stipulation,

IT IS ORDERED vacating today’s Evidentiary Hearing.

IT IS FURTHER ORDERED AFFIRMING the April 21 and 22, 2014 trial dates.

IT IS FURTHER ORDERED that the parties shall participate in private mediation no
later than March 10, 2014. Plaintiffs having no objection, Defendant’s insurance representative
may appear telephonically for the mediation.

IT IS FURTHER ORDERED that pursuant to the parties’ stipulation, Defendant shall
give Plaintiffs at least five business days notice prior to entering into any contract with Verizon
and give Plaintiffs immediate notice of any approval received for the Board of Directors to enter
into a contract with Verizon.

3:38 p.m. Matter concludes.

IT IS ORDERED releasing all exhibits not offered in evidence to the party causing them
to be marked.

ISSUED: Exhibit Release Form (1)

FILED: Exhibit Worksheet

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 ***

02/27/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

02/26/2014

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH

MINUTE ENTRY

On the Court's own motion,

IT IS ORDERED setting Telephonic Hearing Re: possibly resetting trial date on
February 26, 2014, at 2:30 p.m. The court will initiate the call.

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

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 ***

02/27/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

02/26/2014

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH

BRIEFING SCHEDULE AND ORAL ARGUMENT SET
TELEPHONIC STATUS CONFERENCE SET

2:34 p.m. Courtroom 108 NE. This is the time set for Telephonic Status Conference.
Appearing telephonically on behalf of Plaintiffs are counsel, Roger T. Hargrove and Jenna Rose
Swiren. Appearing telephonically on behalf of Defendant are counsel, Jason E. Smith and
Lindsey Stearns.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

The parties state their positions.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

02/26/2014

Docket Code 028
Form V000A
Page 2

IT IS ORDERED:

 No later than March 7, 2014, Plaintiffs shall file a formal written Response to
Defendant’s Motion for Leave of Court to File Motion for Partial Summary
Judgment, filed February 24, 2014.

 The optional Reply shall be filed no later than 12:00 p.m. on March 10, 2014.

 The parties shall exchange their filings by e-mail or fax and shall fax them to this
Division (602-506-5361) by the above dates and times.

 Setting Telephonic Status Conference Re: outcome of settlement conference and
setting potential Oral Argument Re: Defendant’s Motion for Leave of Court to
File Motion for Partial Summary Judgment on March 11, 2014 at 10:00 a.m. for
30 minutes. Counsel for Plaintiff(s) shall initiate the telephonic conference by
first arranging the presence of all other counsel/parties on the conference call and
by calling this Division at 602-372-0762 promptly at the scheduled time.

2:43 p.m. Matter concludes.

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

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 ***
02/28/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
02/27/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE
v.
BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH
MINUTE ENTRY
The Court is in receipt of Plaintiffs’ Notice of Lodging form of Judgment and
Defendant’s Objection thereto.
IT IS ORDERED setting this matter for Oral Argument on March 11, 2013, at 8:30
a.m., for 30 minutes, in this Division at Northeast Regional Court Center, 18380 North 40th
Street, Courtroom 108, Phoenix, Arizona 85032.
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 ***
03/08/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
03/07/2013
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE
v.
BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH
MINUTE ENTRY
IT IS ORDERED that Plaintiff shall file a written response to Defendant's Motion for
Reconsideration, filed March 5, 2013, no later than March 18, 2013.
IT IS FURTHER ORDERED vacating the March 11, 2013, Oral Argument.
IT IS FURTHER ORDERED setting Oral Argument on March 22, 2013, at 1:30 p.m.,
for 30 minutes, to address: (1) Defendant's Motion for Reconsideration Re: Minute Entry Dated
January 7, 2013; and (2) Plaintiffs’ Notice of Lodging Form of Judgment and Defendant’s
objection thereto.
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 ***

03/10/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

03/07/2014

Docket Code 078
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
K. Hartley

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH

CASE PLACED ON INACTIVE CALENDAR

The Court having received a Notice of Settlement,

IT IS ORDERED accepting the Notice of Settlement and placing this matter on the
Inactive Calendar for dismissal on April 7, 2014 without further notice unless prior to said date
proper materials resolving this matter are filed. Any scheduled hearings are vacated.

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/14/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
03/13/2013
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE
v.
BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH
ORAL ARGUMENT RESET
11:33 a.m. Courtroom 108 NE. This is the time set for Telephonic Conference Re:
Defendant’s Motion to Continue Oral Argument. Appearing telephonically on behalf of
Plaintiffs is counsel, Roger T. Hargrove. Appearing telephonically on behalf of Defendant is
counsel, Lindsey Stearns, who is appearing on behalf of counsel, Jason Smith.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held.
There being no objection,
IT IS ORDERED GRANTING Defendant’s Motion to Continue.
Accordingly,
IT IS ORDERED vacating the March 22, 2013, Oral Argument and resetting same on
April 8, 2013, a 8:30 a.m., for 30 minutes, in this Division at Northeast Regional Court Center,
18380 North 40th Street, Courtroom 108, Phoenix, Arizona 85032.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
03/13/2013
Docket Code 003
Form V000A
Page 2
11:35 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 ***
04/09/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
04/08/2013
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE
v.
BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH
MATTER UNDER ADVISEMENT
8:29 a.m. Courtroom 108 NE. This is the time set for Oral Argument Re: Defendant’s
Motion for Reconsideration Re: Minute Entry Dated January 7, 2013, filed March 5, 2013.
Appearing on behalf of Plaintiffs is counsel, Roger T. Hargrove. Appearing on behalf of
Defendant is counsel, Jason E. Smith.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is heard.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
04/08/2013
Docket Code 020
Form V000A
Page 2
IT IS ORDERED:
•
No later than April 27, 2013, Plaintiffs shall file a First Amended Complaint
setting forth the theories, in separate counts, with respect to declaratory judgment
of an express easement and the creation of an easement by necessity. Plaintiffs’
Motion for Summary Judgment will be allowed to stand on the First Amended
Complaint.
•
Plaintiff may allege an additional count with respect to interference with an
easement.
•
No later than May 7, 2013, Defendant shall file its Answer to Plaintiffs’ First
Amended Complaint.
•
No later than May 17, 2013, Plaintiffs shall file a supplemental brief to their
original Motion for Summary Judgment addressing: (1) whether the existence of
at least one additional access way to the property would preclude the entry of
summary judgment on the claim for an easement by necessity; and (2) whether
recordation in a plat of an easement is sufficient to grant an expressed easement
when that easement is not reflected in the deed.
•
No later than May 27, 2013, Defendant shall file its responsive supplemental
brief.
•
Defendant’s Motion for Reconsideration is deemed under advisement effective
May 27, 2013.
Argument is heard on the request for attorney's fees.
9:04 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 ***

04/09/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

04/08/2014

Docket Code 084
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH

CASE CONTINUED INACTIVE CALENDAR

IT IS ORDERED GRANTING Plaintiffs’ Motion To Continue On The Inactive
Calendar, filed April 4, 2014.

Accordingly,

IT IS ORDERED continuing this matter on the Inactive Calendar until May 9, 2014,
when the case will be automatically dismissed without further notice unless prior to said date
appropriate action is taken.

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/30/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

04/29/2014

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH

FRANCIS J SLAVIN

MINUTE ENTRY

Having received Putative Intervenors’ (Viscontis), Motion to Intervene (oral argument
requested), filed April 23, 2014, and the parties’ Stipulation to Dismiss With Prejudice, filed
April 21, 2014,

IT IS ORDERED setting this matter for Oral Argument on May 23, 2014, at 4:00 p.m.,
for 30 minutes, in this Division at Northeast Regional Court Center, 18380 North 40th Street,
Courtroom 108, Phoenix, Arizona 85032.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/05/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

05/01/2014

Docket Code 095
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
SCOTT CARPENTER

FRANCIS J SLAVIN

MINUTE ENTRY

Having been advised that Plaintiffs’ counsel has a calendar conflict, and Defendant
having no objection,

IT IS ORDERED vacating the May 23, 2014, Oral Argument and resetting same on May
28, 2014, at 9:00 a.m., for 30 minutes in this Division at Northeast Regional Court Center,
18380 North 40th Street, Courtroom 108, Phoenix, Arizona 85032.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

05/19/2014

Docket Code 095
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
SCOTT CARPENTER

FRANCIS J SLAVIN

MINUTE ENTRY

Defendant’s counsel having a calendar conflict, and Plaintiff’s counsel having no
objection,

IT IS ORDERED vacating the May 28, 2014, Oral Argument and resetting same on June
5, 2014, at 10:00 a.m., for 30 minutes in this Division at Northeast Regional Court Center,
18380 North 40th Street, Courtroom 108, Phoenix, Arizona 85032.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/09/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

06/05/2014

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
SCOTT CARPENTER

FRANCIS J SLAVIN

MATTER UNDER ADVISEMENT

9:59 a.m. Courtroom 108 NE. This is the time set for Oral Argument Re: Putative
Intervenors’ (Viscontis) Motion to Intervene, filed April 23, 2014. Appearing on behalf of
Plaintiffs Labadi Family Limited Partnership and Osuji Family Limited Partnership are counsel,
Roger T. Hargrove and Jenna Rose Swiren. Appearing on behalf of Defendant Bellasera
Community Association is counsel, Scott Carpenter. Appearing on behalf of Putative
Intervenors Daniel Visconti and Ramona Visconti are counsel, Francis J. Slavin and Daniel J.
Slavin.

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

Argument is heard.

IT IS ORDERED taking this matter under advisement.

10:51 a.m. Matter concludes.

FILED: Declaration of Daniel Visconti

Michael K. Jeanes, Clerk of Court

*** Filed ***

06/09/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-050858

06/05/2014

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW

Deputy

LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE

v.

BELLASERA COMMUNITY ASSOCIATION
INC
SCOTT CARPENTER

FRANCIS J SLAVIN

JUDGMENT OF DISMISSAL
UNDER ADVISEMENT RULING

Pursuant to the parties' Stipulation to Dismiss, and good cause appearing,

IT IS ORDERED DISMISSING this case with prejudice, with each party to bear its own
costs and attorney fees.

IT IS FURTHER ORDERED DENYING Putative Interveners Daniel and Ramona
Visconti’s Motion to Intervene, filed April 23, 2014. This Judgment of Dismissal resolves all
matters and is entered under Rule 54(c) of the Arizona Rules of Civil Procedure.

/s/ Michael D. Gordon

_____________________________

MICHAEL D. GORDON
JUDGE OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/15/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
07/10/2013
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE
v.
BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH
UNDER ADVISEMENT RULING
Pending before the Court is Defendant’s Motion for Reconsideration Re: Minute Entry
Dated January 7, 2013.
The Court ordered a response, heard further oral argument and
subsequently ordered further briefing. The matter is fully briefed and ready for ruling.
In the Court’s January 7, 2013 minute entry, the Court concluded that there was no
material question of fact that precluded summary judgment on Counts 1 and 2 of the Complaint,
filed March 1, 2012. That Complaint alleged, in Count 1, quiet title for easement and, in Count
2, an implied easement. Because the Defendant’s filings raised the question of easement by
necessity, not an implied easement (upon which the Court relied on in the January 7th minute
entry), the Court permitted Plaintiffs to amend the Complaint to allege such an easement. They
also alleged damages for interference with the putative easements. Thus, with the Court’s
permission, the First Amended Complaint (FAC) was filed April 17, 2013.
Plaintiffs seek permanent access to their 12-acre property (“Plaintiffs’ Property”) from
either Scottsdale Road or Lone Mountain Road and seek to confirm and enforce an easement

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
07/10/2013
Docket Code 926
Form V000A
Page 2
through Defendant’s subdivision (“Defendant’s Subdivision”). Because Plaintiffs’ subdivision
is gated, they seek access through the guard gates through Defendants’ private roads.
Background:
•
In 1979, Plaintiffs’ predecessors-in-interest sold property which now consists, in part, of
Defendant’s entire Subdivision.
•
The Plaintiffs claim, and there is no factual dispute, that its predecessors-in-interest
expressly reserved utilities’ easement for Plaintiffs’ Property.
•
While the 1979 Deed transferring the property did not specifically mention the now-
disputed ingress/egress easement (referred to herein as “Access Easement”), Plaintiffs’
lawsuit claims that was precisely the intent of Plaintiffs’ predecessors-in-interest.1
•
The Amended Complaint further alleges that Plaintiffs’ property, prior to the 1979
transfer, was regularly accessed through west and southern portions of Defendant’s
Subdivision, supporting Plaintiffs’ theory that there existed an implied easement.
•
In November 1996, the City of Scottsdale Development Review Board, provided a
preliminary plan which granted an Access Easement to Plaintiffs’ Property in the
Southeast corner of Defendant’s Subdivision.
•
In June 1997, Defendant’s owner recorded plats dividing Defendant’s Subdivision into 5
parcels (A-E); each of the five parcels, in turn, consisted of multiple tracts—each
dedicated Tract “A” as the common roads within the parcels.
•
The final Plats for Parcels A-D, through “Note 18,” referred to the 1979 Deed and each
state that each tract is subject to the easement “for utilities and rights incident thereto” for
Plaintiffs’ property.
•
The final Plat for parcel E also refers to Note 18 but adds an non-exclusive easement
across Tract A and the “access and utility easement as shown with Tract B” are
dedicated to Plaintiffs’ Property. That Access Easement is insufficient to give Plaintiffs
access to the Plaintiffs’ property.
Plaintiffs seek declaratory relief on their claims for express easement (FAC, I), Implied
Easement (FAC, I & II) and (easement by necessity (FAC, I & V). Their claim for an express
easement relies in large part on the 1979 deed, the Preliminary Plat filed with the Scottsdale
Development Board and the ambiguous language platted in parcels A-E (“for utilities and rights
incident thereto”). Their claim for easement by necessity rests on the allegations that their
property is landlocked that requires access through Defendant’s subdivision. Plaintiffs’ claim
for an easement by implication rests on the entirety of circumstances that they believe leaves no

1 The utilities easement reserved “access to utilities if, as and when such utilities are provided to any other
contiguous parcels or lots in Said Section 23 (with sufficient capacity reasonable to serve the 12-acre parcel for
residential uses).”

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
07/10/2013
Docket Code 926
Form V000A
Page 3
reasonable inference other than that the parties intended the Access Easement. They seek
declaratory relief, injunctive relief and damages.
The Court finds that, contrary to its January 7, 2013 minute entry, there are questions of
material fact that preclude summary judgment. While the Court must enforce the parties’ intent
with respect to the 1979 Deed and subsequent recorded plats: (1) the Court cannot find as a
matter of law that recorded plats expressly created an Access Easement. While there may be
very persuasive evidence (e.g., 1979 Deed, the preliminary plat and the ambiguous language in
Plats A-D) that supports Plaintiff’s theory of an implied easement, the parties’ intent remains a
material question of fact; and (2) the question of whether there exists an easement by necessity
turns on whether Plaintiffs’ property had access through property outside of Defendant’s
Subdivision when the property was sold in 1979.
This is not to say that Plaintiffs’ evidence is weak, strong or otherwise. Rather, it lends
itself to conflicting interpretations that the Court cannot not resolve at a summary judgment
proceeding. Thus, the Court concludes that summary judgment, entered on January 7, 2013, was
improvidently granted.
IT IS ORDERED THAT Defendants’ Motion for Reconsideration is GRANTED.

IT IS FURTHER ORDERED setting this matter for a Telephonic Status Conference on
July 24, 2013 at 8:30 a.m. for 15 minutes to determine: (1) whether further discovery and
deadlines need to be set; and (2) to set a trial in this matter. Counsel for Plaintiff(s) shall initiate
the telephonic conference by first arranging the presence of all other counsel/parties on the
conference call and by calling this Division at 602-372-0762 promptly at the scheduled time.
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 ***
07/25/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
07/24/2013
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE
v.
BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH
BENCH TRIAL SET
PRETRIAL MANAGEMENT CONFERENCE SET
ORAL ARGUMENT SET (Motions In Limine)
8:32 a.m. Courtroom 108 NE. This is the time set for Telephonic Status Conference Re:
(1) whether further discovery and deadlines need to be set; and (2) to set a trial in this matter.
Appearing telephonically on behalf of Plaintiffs is counsel, Roger T. Hargrove. Appearing
telephonically on behalf of Defendant is counsel, Lindsey Stearns, appearing on behalf of
counsel, Jason E. Smith.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The parties state their positions.
Defendant having no objection,
IT IS ORDERED GRANTING Plaintiffs’ request to file a second amended complaint to
include a claim for quiet title. Plaintiffs shall file their second amended complaint no later than
August 7, 2013.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
07/24/2013
Docket Code 089
Form V000A
Page 2
IT IS FURTHER ORDERED:
•
The parties are precluded from filing any dispositive motions, absent leave of
Court.
•
Amended disclosure statements are due by September 30, 2013.
•
Final disclosures shall be exchanged by February 28, 2014.
•
Depositions shall be completed by March 28, 2014.
IT IS FURTHER ORDERED setting this matter for a Trial to the Court on April 21 and
22, 2014, from 8:30 a.m. to 4:30 p.m. each day in this Division at Northeast Regional Court
Center, 18380 North 40th Street, Courtroom 108, Phoenix, Arizona 85032.
THIS IS A FIRM TRIAL SETTING. If counsel have any pre-existing conflicts
with said trial date, they shall notify the Court, in writing, within five (5) days
from today's date.
IT IS FURTHER ORDERED setting a Oral Argument Re: Motions In Limine and
Pretrial Management Conference on April 11, 2014 at 10:00 a.m. for 1 hour in this Division.
The lead trial counsel for each party is required to attend. Self-represented litigants are also
required to attend. Except as stated above, parties are not required to attend. Failure of any trial
counsel or any self-represented litigant to attend the Pretrial Management Conference may result
in sanctions.
IT IS FURTHER ORDERED that any and all motions in limine shall be filed no later
than March 7, 2014 and shall be hand-delivered to opposing counsel. Such motions must meet
the test of State v. Superior Court, 108 Ariz. 396, 397, 499 P.2d 152 (1972) (“The primary
purpose of a motion in limine is to avoid disclosing to the jury prejudicial matters which may
compel a mistrial”). See also, Ariz. R. Evid. Rule 103(c). Written responses to motions in limine
shall be filed no later than March 14, 2014 and hand-delivered to opposing counsel. Replies
shall not be allowed absent leave of Court. Prior to filing a motion in limine, the parties must
meet and confer in accordance with Ariz.R.Civ.P. Rule 7.2(a) to attempt to resolve issues to
be raised by such motion, and any motion in limine must include a certification that they
have done so. Failure to meet and confer prior to the filing of a motion in limine may result in
sanctions.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
07/24/2013
Docket Code 089
Form V000A
Page 3
At the Pretrial Management Conference, counsel for each party and any self-represented
litigants shall be prepared to discuss:
A.
Stipulations and objections regarding witnesses and exhibits.
B.
Agreed-upon deposition summaries and excerpts from deposition transcripts
and/or videotaped depositions.
C.
Any special witness scheduling, interpreter or equipment-related issues.
D.
The allocation of trial time per party.
E.
Status of settlement efforts.
IT IS FURTHER ORDERED no less than five (5) judicial days prior to the Pretrial
Management Conference, the parties shall file:
A.
A Joint Pretrial Statement meeting the requirements of Rule 16(d), Arizona Rules
of Civil Procedure. Witness and exhibit lists shall contain no surprises. Any
information revealed for the first time on the witness or exhibit lists will be
inadmissible at trial. Objections, if any, to witnesses and/or exhibits, and the
reasons for such objections, are also to be set forth. Any objections not so
included are waived. The Pretrial Statement also shall identify all deposition or
other transcribed testimony that may be offered at trial, other than for
impeachment, by reference to page and line numbers. Objections, if any, to such
testimony, and the reasons for such objections, are also to be set forth. The Court
also shall be provided with copies of those parts of any such testimony to which
objection is made. Any objections not so included are waived.
B.
A statement by each party identifying all expert witnesses, the opinions of said
experts, and a description of the factual/substantive basis for each such opinion.
Opinions of experts shall not be supplemented at trial.
C.
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.
D.
A completed Witness Information Form (see attached). Counsel for each party
and any self-represented litigants shall meet no later than 7 days prior to the
Pretrial Management Conference to complete the Form. The parties shall set
forth the name of each witness and the estimated time required for direct and

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
07/24/2013
Docket Code 089
Form V000A
Page 4
cross-examination. Time estimates also shall be set forth for opening statements
and closing arguments.
*** ATTORNEYS AND ASSISTANTS---PLEASE READ THE FOLLOWING
PARAGRAPHS CAREFULLY***
Except for illustrative exhibits made during trial, lists of all exhibits to be offered at trial
shall be exchanged no later than 30 days prior to trial.
Trial counsel and self-represented
litigants (“the parties”) are directed to personally meet no later than 14 days prior to trial to
exchange trial exhibits and discuss the exhibits prior to submitting them to the Court. At this
meeting, the parties’ shall attempt to agree on authenticity, foundation, and admission of the
exhibits to shorten the time spent on exhibits during the trial.
At the time of the Pretrial Management Conference, the parties shall present to the
courtroom clerk all exhibits they will be introducing at trial. Counsel shall present all
exhibits with a written list of brief exhibit descriptions to the Clerk. Each exhibit shall be clipped
or bound if too large to be stapled. Exhibits are to be separated by a colored sheet of paper or by
a divider sheet. An enlargement of an exhibit may be used at trial for demonstrative purposes.
However, an 8-1/2 x 11 size copy of the enlargement must be submitted to be marked as the
exhibit. The enlargement will not be marked and will be returned to counsel at the end of trial.
The exhibits will be marked by the Clerk in consecutive order: Plaintiff’s exhibits will be
marked first; Defendant’s exhibits will be marked second. Exhibits are assigned numbers in a
serial fashion. Placeholders will not be accepted and exhibit numbers will not be reserved for
exhibits not presented at the Pretrial Management Conference. The parties shall ensure that
there are no duplicate exhibits. Failure to follow the procedure for submitting trial exhibits
may result in the exclusion of that party’s exhibits at trial.

NOTE: Counsel shall advise the clerk, by signed stipulation or on the record, which
exhibits may be marked directly into evidence. Original depositions shall be provided to
the clerk prior to trial. Please note depositions are not marked as exhibits but are retained
by the clerk for record purposes. The depositions will be available to counsel and the
Court during the trial.
NOTE: Counsel are advised that if they intend to use laptop computers and/or the
Court’s document camera during trial, they should make an appointment to meet with
FTR personnel (602-372-7876) at least one week in advance of trial to ensure compatibility
of their equipment and obtain answers to technical questions.
Counsel also shall provide, on the first day of trial, a JOINT notebook containing
copies of ALL marked exhibits for the Court’s use during trial.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
07/24/2013
Docket Code 089
Form V000A
Page 5
NOTE: All Court proceedings are recorded by audio method and not by a court reporter.
Any party may request the presence of a court reporter by contacting the Division (602-372-
0762) three (3) court days before the scheduled proceeding.
Attachment: Witness Information Form
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.
8:50 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
07/24/2013
Docket Code 089
Form V000A
Page 6
WITNESS INFORMATION FORM
WITNESSES FOR PLAINTIFF(S)
WITNESS NAME
DIRECT
AND
REDIRECT
CROSS
1
2
3
4
5
6
DIRECT, REDIRECT & CROSS TOTAL: _________________
WITNESSES FOR DEFENDANT(S)
WITNESS NAME
DIRECT
AND
REDIRECT
CROSS
1
2
3
4
5
6
DIRECT, REDIRECT & CROSS TOTAL: _______________

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
07/24/2013
Docket Code 089
Form V000A
Page 7
TOTAL WITNESS TIME ESTIMATE: ___________________________
TIME ESTIMATE FOR:
PLAINTIFF
DEFENDANT
OPENING STATEMENT
CLOSING ARGUMENT
1st:
2nd:

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/01/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
10/30/2012
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE
v.
BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH
MINUTE ENTRY
The Court is in receipt of Plaintiffs’ Motion for Partial Summary Judgment (Oral
Argument Requested), filed October 16, 2012.
IT IS ORDERED setting this matter for Oral Argument on December 14, 2012, at 1:30
p.m., for 30 minutes, in this Division at Northeast Regional Court Center, 18380 North 40th
Street, Courtroom 108, Phoenix, Arizona 85032.
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 ***
12/17/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-050858
12/14/2012
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
LABADI FAMILY LIMITED PARTNERSHIP, et
al.
ROGER T HARGROVE
v.
BELLASERA COMMUNITY ASSOCIATION
INC
JASON E SMITH
MATTER UNDER ADVISEMENT
1:32 p.m. Courtroom 108 NE. This is the time set for Oral Argument Re: Plaintiffs’
Motion for Partial Summary Judgment, filed October 16, 2012. Appearing on behalf of
Plaintiffs is counsel, Roger T. Hargrove. Appearing on behalf of Defendant is counsel, Jason E.
Smith and Lindsey N. O’Connor.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is heard.
IT IS ORDERED taking this matter under advisement.
1:50 p.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.

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