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Maricopa County Superior Court Case CV2012-005216: public docket details, parties, minute entries, documents, and official source links for Sun City Grand Community Association Inc.

Case Number

CV2012-005216

County

Maricopa

Caption

Not captured

Filed

3/20/2012

Case Type

Civil

Judge

Moskowitz, Frank

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

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

CV 2012-005216

01/13/2014

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
T. Nosker

Deputy

DILLIONS GRAND L L C, et al.
NEAL G HORENSTEIN

v.

SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN C HENDRICKS

MINUTE ENTRY

OCH-Courtroom 309

8:43 a.m. This is the time set for Telephonic Status Conference. Plaintiffs are
represented by counsel, Neal G. Horenstein. Defendants are represented by counsel, John C.
Hendricks. All parties appear telephonically.

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

Discussion is held regarding a settlement proposal to be discussed on January 30, 2014.
Counsel requests an extension of deadlines. Therefore,

IT IS ORDERED extending the scheduling deadlines as follows:

1. Defendants will disclose the identity and opinions of their experts by March 7, 2014.
2. All rebuttal experts shall be submitted by April 30, 2014.
3. Discovery shall be completed by May 30, 2014.
4. Substantive motions shall be filed by June 30, 2014.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-005216

01/13/2014

Docket Code 028
Form V000A
Page 2

IT IS FURTHER ORDERED setting this matter for a Telephonic Status Conference on
February 19, 2014 at 9:00 a.m., for the purpose of selecting a trial date if the case has not
settled. Counsel shall have their trial calendars available. Telephonic Conference is set before:

JUDGE ROBERT H OBERBILLIG
OLD COURT HOUSE
125 WEST WASHINGTON STREET
THIRD FLOOR – COURTROOM 309
PHOENIX, AZ 85003
(602) 506-2194

IT IS FURTHER ORDERED Plaintiff’s counsel shall initiate the telephonic conference
by first arranging the presence of all other counsel or self-represented parties on the conference
call and then calling this division (602-506-2194) promptly at the scheduled time. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.

The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a moving vehicle or while in traffic.

NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting this
division three (3) court business days before the scheduled hearing.

PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected].

NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.

8:51 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 ***

02/24/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-005216

02/19/2014

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
T. Nosker

Deputy

DILLIONS GRAND L L C, et al.
NEAL G HORENSTEIN

v.

SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN C HENDRICKS

JURY TRIAL SET
TRIAL MANAGEMENT CONFERENCE SET

OCH – Courtroom 309

8:55 a.m. This is the time set for a Telephonic Status/Scheduling Conference. Plaintiffs
are represented by counsel, Neal G. Horenstein. Defendant, Sun City Grand Community
Association Inc., is represented by counsel, John C. Hendricks. All parties appear
telephonically.

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

Discussion is held regarding case status and scheduling.

IT IS ORDERED as follows:

1. Setting a Final Pretrial Management Conference on November 24, 2014 at
10:00 a.m. (allotted time: 60 minutes) in this division. All counsel and/or parties
representing themselves must appear in person and cannot appear telephonically.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-005216

02/19/2014

Docket Code 089
Form V000A
Page 2

2. Setting a 4-Day Jury Trial on December 2, 2014 at 9:00 a.m. before:

JUDGE ROBERT H OBERBILLIG
OLD COURT HOUSE
125 WEST WASHINGTON STREET
THIRD FLOOR – COURTROOM 309
PHOENIX, AZ 85003
(602) 506-2194

Scheduled Trial days are December 2 – 5, 2014.

The Court instructs counsel to appear at 9:00 a.m. on the first day of trial.

NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting the division
three (3) court business days before the scheduled hearing.

DUTIES PRIOR TO THE FINAL PRETRIAL CONFERENCE

3. MOTIONS IN LIMINE. All Motions in Limine shall be filed no later than 5:00 p.m.
on November 4, 2014 and 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. 103(c). A written Response to a Motion in Limine may be filed no
later than ten (10) calendar days thereafter. The Court may rule on Motions in Limine
without oral argument. No Replies shall be filed. Prior to filing a Motion in Limine,
counsel are to confer and attempt to resolve those issues. Counsel shall further certify to
the Court the efforts made to resolve those issues before filing a Motion in Limine. The
parties must comply with Rule 7.2(a) Ariz.R.Civ.P., prior to filing any Motion in
Limine. Any Motion in Limine filed without the movant having first complied with
Rule 7.2(a), will be stricken by the Court.

4. JOINT PRETRIAL STATEMENT. Counsel shall deliver to the trial judge no later
than 5:00 p.m. on November 17, 2014 a copy of the Joint Pretrial Statement signed
by all counsel.
a) Deposition Summary: In addition to the information required by Rule
16(d), counsel shall at the Final Pretrial Conference provide to the Court
copies of any deposition transcripts to be read to the jury. 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-005216

02/19/2014

Docket Code 089
Form V000A
Page 3

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: In addition to the information required by Rule
16(d), the Joint Pretrial Statement shall include an exhibit titled: Final
Trial Witness List. This list shall contain the name of each witness a
party actually intends to call at trial, the day on which they intend to call
each witness and the estimated time needed for direct, cross and re-direct
examination.

5. JURY INSTRUCTIONS; VOIR DIRE QUESTIONS. Counsel shall meet and agree
on as many proposed jury instructions as possible. Counsel shall deliver to the trial
judge, with their Joint Pretrial Statement, copies of:
a) Proposed voir dire questions.
b) A joint set of agreed-upon preliminary and final jury instructions and
proposed forms of verdicts.
c) Separate sets of requested instructions that have not been agreed upon.
Please read Rosen v. Knaub, 175 Ariz. 329; 85 P.2d 381 (1993) and the
RAJI Civil 3d Statement of Purpose and Approach before preparing
requests for non-RAJI instructions.

Recommended Arizona Jury Instructions (RAJI) need not be typed and may be requested in
the following manner: RAJI 4th Edition (civil) - Duty of Jurors. Non-RAJI instructions should be
typed. Each instruction should cover only one subject.

Any jury instructions not delivered with the Joint Pretrial Statement will be deemed waived
by the Court, unless the Court concludes that good cause exists for the untimely submission.

DUTIES AT FINAL PRETRIAL CONFERENCE

6. At the Final Pretrial Conference, counsel shall be prepared to discuss:
a) Time limits in voir dire, opening statements, examination of witnesses
and closing arguments.
b) Stipulations for the foundation and authenticity of exhibits.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-005216

02/19/2014

Docket Code 089
Form V000A
Page 4

c) Preliminary jury instructions, juror notebooks (counsel shall bring any
proposed juror notebooks to the conference), mini opening statements
and voir dire.
d) Agreed-upon deposition summaries and excerpts from deposition
transcripts and the editing of any videotaped depositions.
e) Use of short-trial or summary jury trial.
f) Any special scheduling or equipment issues.

7. Exhibits are due to this division’s clerk by 12:00 p.m. on November 17, 2014.
Counsel shall meet and confer regarding authenticity, foundation, and admission of
exhibits to expedite the process during trial. Counsel shall also confer to eliminate
any duplicate exhibits. During trial, please advise the clerk, on the record, which
exhibits may be marked directly into evidence. Counsel are advised that exhibits
should be received into evidence prior to asking witnesses to testify regarding the
substance of the exhibit. See attached Exhibit Submission Instructions.

8. One day's jury fees will be assessed unless the court is notified of settlement before
2:00 p.m. on the judicial day before the trial. Counsel are reminded to promptly notify
the court of any settlement pursuant to Rule 5.1(c), Ariz.R.Civ.P.

9. 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.

PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected].

NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.

8:58 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 2012-005216

02/19/2014

Docket Code 089
Form V000A
Page 5

Procedures for Submitting Exhibits to be Marked for Jury Trial

 Please provide an exhibit list with a brief description of each exhibit. The list should
contain the case number, the caption, scheduled trial date and the party
(Plaintiff/Defendant) submitting the exhibits.
 Counsel should confer and do the following:
 indicate on the exhibit list which exhibits have been stipulated in evidence
 insure that there are NO duplicate exhibits submitted
 Exhibits will be marked numerically and consecutively.
 Plaintiff’s exhibits are marked first followed by Defendant’s.
 Do NOT use subsections of exhibits (ex: 4a or 4.001). If subsections are used,
each subsection will be marked as the next consecutive number and your exhibit
list numbers will not match the Court’s exhibit list numbers. Please use only the
next consecutive number for each exhibit.
 Do not leave blank spaces as we will not hold numbers. If there is a blank, the
next exhibit shall be marked consecutively to the previously numbered exhibit.
 Exhibits should be submitted in 3-Ring binders and separated by a numbered tabbed
divider sheet. 3-Ring binders should not be 100% full. The tabbed divider shall reflect
the number of the exhibit and should be placed on top of the exhibit. Exhibits should be
stapled or clipped. DO NOT STAPLE THE DIVIDER TO THE EXHIBIT.
 Blow-ups and large items may only be used for demonstrative purposes during trial. If
you would like them to be marked as an exhibit, you must provide/submit an 8 ½ x 11
photo of the item to be marked.
 Depositions are NOT marked as exhibits. Counsel shall present ORIGINAL
depositions for filing at the same time that they provide their exhibits. ORIGINAL
depositions are filed in by the division Clerk.
 A bench copy of all exhibits marked for trial may be provided for the Court’s use during
trial. If providing a bench copy, please submit exhibits in a binder, following the
instructions for submitting exhibits to be marked.
 EXHIBITS MUST BE DELIVERED by 12:00 p.m. on November 17, 2014 to Judge
Oberbillig’s Division Clerk. If the Clerk is unavailable, the exhibits may be given
to the Bailiff, or Judicial Assistant.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/05/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
04/03/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
T. Nosker
Deputy
DILLIONS GRAND L L C, et al.
NEAL G HORENSTEIN
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN C HENDRICKS
LYN ANNE BAILEY
ORAL ARGUMENT SET
The Court has read the following:
•
Defendants’ Motion for Partial Summary Judgment electronically filed on
February 6, 2013;
•
Defendants’ Statement of Facts in Support of Motion for Partial Summary
Judgment electronically filed on February 6, 2013;
•
Plaintiffs’ Response to Defendants’ Motion for Partial Summary Judgment
electronically filed on March 6, 2013;
•
Plaintiffs’ Statement of Facts in Opposition to Defendants Motion for Partial
Summary Judgment electronically filed on March 6, 2013;
•
Defendants’ Reply in Support of Motion for Partial Summary Judgment
electronically filed on March 26, 2013;
•
Defendants’ Response to Plaintiff’s Statement of Facts in Opposition to
Defendants’ Motion for Partial Summary Judgment electronically filed on March
26, 2013.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
04/03/2013
Docket Code 094
Form V000A
Page 2
Good cause appearing,
IT IS ORDERED setting Oral Argument on April 17, 2013 at 9:00 a.m., in this
division.
Oral argument shall be limited to 30 minutes with the time divided equally between the
parties. Counsel and the parties, if representing themselves, are to appear in person before:
JUDGE ROBERT H. OBERBILLIG
OLD COURT HOUSE
125 WEST WASHINGTON STREET
THIRD FLOOR – COURTROOM 309
PHOENIX, AZ 85003
(602) 506-2194
The parties/attorneys are advised that the failure to appear for the hearing may
result in sanctions, including dismissal of the action per Rule 16(F), Ariz. R. Civ. P.
NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting the division
three (3) court business days before the scheduled hearing.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected].
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/23/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
04/17/2013
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
T. Nosker
Deputy
DILLIONS GRAND L L C, et al.
NEAL G HORENSTEIN
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN C HENDRICKS
MINUTE ENTRY
OCH-Courtroom 309
9:07 a.m. This is the time set for Oral Argument on Def. Plaintiffs are represented by
counsel, Neal G. Horenstein. Plaintiffs’ representatives, Richard Dillion and George Valdez, are
present. Defendants are represented by counsel, John C. Hendricks.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is heard.
For the reasons stated on the record,
IT IS ORDERED granting Defendants’ Motion for Partial Summary Judgment as to
breach of contract claim.
IT IS FURTHER ORDERED denying Defendants’ Motion for Partial Summary
Judgment as to defamation claim, except that the Court finds the November 2011 email was part

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
04/17/2013
Docket Code 005
Form V000A
Page 2
of the broad general release executed on December 7, 2011 and therefore, the email is not
actionable herein.
9:38 a.m. Further discussions continue, off the record.
IT IS ORDERED as follows:
Counsel and/or the parties are to meet personally to discuss all of the matters set forth in
Rule 16(b), Ariz. R. Civ. P. Counsel and/or the parties shall prepare and file with the Court, no
later than 5:00 p.m. on May 7, 2013, a Joint proposed Scheduling Order, for discovery, motion
and disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form attached
hereto, containing the provisions which are applicable to their case. For example, paragraph one
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 (06/05/2013 rather than 45 days from
close of discovery). Do not incorporate a firm trial date in the proposed Order.
If counsel 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 proposed Order.
The Court will review the proposed Scheduling Order. If all is in order, the Court will set
a status conference close to the discovery cutoff date. At the 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 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 proposed Scheduling Order.
If a Joint proposed Scheduling Order is not timely submitted, the Court will place the
matter back on the Inactive Calendar for dismissal.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
04/17/2013
Docket Code 005
Form V000A
Page 3
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.
9:52 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.
[PROPOSED] SCHEDULING ORDER
The Court has reviewed the parties’ Joint Proposed Scheduling Order and adopts and/or
modifies the days as follows:
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 2013/2014. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
2013/2014.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
2013/2014.
2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2013/2014. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2013/2014.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2013/2014.
3. Any and all discovery requests shall be served by 5:00 p.m. on ________,
2013/2014.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
04/17/2013
Docket Code 005
Form V000A
Page 4
4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________,
2013/2014. [or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2013/2014.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 2013/2014.
5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2013/2014.
6. All discovery shall be concluded by 5:00 p.m. on ________, 2013/2014.
7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2013/2014. 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):
The parties shall participate in private mediation by 5:00 p.m. on ________,
2013/2014;
OR
The parties shall participate in a mandatory Settlement Conference. This case is
referred to the Court's Alternative Dispute Resolution for the appointment of a judge
pro tempore to conduct a settlement conference. Counsel and/or the parties will
receive a minute entry from ADR appointing the judge pro tempore. Counsel and
any "pro per" parties will contact the appointed judge pro tempore to arrange the date,
time, and location for the settlement conference. The judge pro tempore is requested
to conduct a settlement conference not later than (at least 90 days out), 2013/2014.
The Office of Alternative Dispute Resolution will not do the scheduling of the
settlement conference so please do not contact that office. If counsel prefer to use a
private mediator to conduct the Settlement Conference, a Stipulation and Order re:
Alternative to ADR must be presented to the Court by 5:00 p.m. on ________,
2013/2014.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
04/17/2013
Docket Code 005
Form V000A
Page 5
All counsel and their clients, or non-lawyer representatives who have full and
complete authority to settle the case, shall personally appear and participate in
good faith in the Settlement Conference. Sanctions may be imposed for failure
to participate.
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. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
________, 2013/2014.
11. A Telephonic Pretrial Status/Scheduling Conference is set for ______, 2013/2014
at ____a.m./p.m. for the purpose of assigning a trial date if the case has not settled.
Counsel shall have their trial calendars available. Counsel for Plaintiff shall initiate
the telephonic conference by first arranging the presence of all other counsel on the
conference call and by calling this division at: (602) 506-2194 promptly at the
scheduled time.
NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting
the division three (3) court business days before the scheduled hearing.
12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P.
13. 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.
14. This case is removed from the Inactive Calendar and all requirements of Rule 38.1,
Ariz.R.Civ.P., are waived unless and until otherwise ordered by the Court.
Dated:
HONORABLE ROBERT H. OBERBILLIG
JUDICIAL OFFICER OF THE SUPERIOR COURT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
04/17/2013
Docket Code 005
Form V000A
Page 6

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/24/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
07/23/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
T. Nosker
Deputy
DILLIONS GRAND L L C, et al.
NEAL G HORENSTEIN
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN C HENDRICKS
LYN ANNE BAILEY
MINUTE ENTRY
At the request of counsel,
IT IS ORDERED setting this matter for a Telephonic Status Conference on July 25,
2013 at 8:45 a.m., to address a discovery dispute before:
JUDGE ROBERT H OBERBILLIG
OLD COURT HOUSE
125 WEST WASHINGTON STREET
THIRD FLOOR – COURTROOM 309
PHOENIX, AZ 85003
(602) 506-2194
IT IS FURTHER ORDERED Plaintiff’s counsel shall initiate the telephonic conference
by first arranging the presence of all other counsel or self-represented parties on the conference
call and then calling this division (602-506-2194) promptly at the scheduled time. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
07/23/2013
Docket Code 028
Form V000A
Page 2
The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a moving vehicle or while in traffic.
NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting this
division three (3) court business days before the scheduled hearing.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected].
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/29/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
07/25/2013
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
T. Nosker
Deputy
DILLIONS GRAND L L C, et al.
NEAL G HORENSTEIN
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN C HENDRICKS
MINUTE ENTRY
OCH-Courtroom 309
8:48 a.m. This is the time set for Telephonic Status Conference. Plaintiffs are
represented by counsel, Neal G. Horenstein. Defendant, Sun City Grand Community
Association Inc., is represented by counsel, John C. Hendricks. All parties appear
telephonically.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding discovery dispute.
For the reasons stated on the record,
IT IS ORDERED requiring the Plaintiff to produce financial information from 2010 to
the present.
8:55 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
07/25/2013
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 ***
09/12/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
09/10/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
S. Brown
Deputy
DILLIONS GRAND L L C, et al.
NEAL G HORENSTEIN
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN C HENDRICKS
STATUS CONFERENCE SET
Courtroom 309 – Old Courthouse
8:29 a.m. This is the time set for a telephonic scheduling/status conference. Plaintiffs are
represented by counsel, Neal Horenstein. Defendants are represented by counsel, John
Hendricks.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held on the pending Motion to Compel Compliance with Discovery Order
and Request for Sanctions. The Court notes the parties are working together to resolve the issues
brought forth in the motion. Accordingly,
IT IS ORDERED Defendant’s Motion to Compel and Request for Sanctions are deemed
moot at this time.
Argument is presented on Plaintiffs’ Motion for Partial Summary Judgment filed July 3,
2013. For the reasons stated on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
09/10/2013
Docket Code 028
Form V000A
Page 2
IT IS ORDERED denying Plaintiffs’ Motion for Partial Summary Judgment.
Discussion is held regarding extending current deadlines. Based thereon, the Court
extends the following deadlines:
IT IS ORDERED the parties shall complete private mediation no later than
November 29, 2013.
IT IS FURTHER ORDERED Defendants will disclose the identity and opinions of
their expert witnesses by December 31, 2013.
IT IS FURTHER ORDERED rebuttal experts shall be disclosed by February 14, 2014.
IT IS FURTHER ORDERED discovery shall be completed by March 31, 2014.
IT IS FURTHER ORDERED substantive motions shall be filed by April 30, 2014.
IT IS FURTHER ORDERED setting this matter for a follow-up Telephonic Status
Conference on December 9, 2013 at 9:15 a.m., for the purpose of selecting a trial date if the
case has not settled. Counsel shall have their trial calendars available. The Telephonic
Conference is set before:
JUDGE ROBERT H OBERBILLIG
OLD COURT HOUSE
125 WEST WASHINGTON STREET
THIRD FLOOR – COURTROOM 309
PHOENIX, AZ 85003
(602) 506-2194
IT IS FURTHER ORDERED Plaintiff’s counsel shall initiate the telephonic conference
by first arranging the presence of all other counsel or self-represented parties on the conference
call and then calling this division (602-506-2194) promptly at the scheduled time. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.
The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a moving vehicle or while in traffic.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
09/10/2013
Docket Code 028
Form V000A
Page 3
NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting this
division three (3) court business days before the scheduled hearing.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected].
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.
8:46 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 ***
12/13/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
12/09/2013
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
T. Nosker
Deputy
DILLIONS GRAND L L C, et al.
LISA M BOROWSKY
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
BRUCE W LORBER
SUSAN GRACE DANA
RICHARD A SEGAL
MINUTE ENTRY
The parties have advised the Court that they are attempting to settle this matter and would
like to reset the Telephonic Status Conference set this date. Accordingly,
IT IS ORDERED vacating the Telephonic Status/Scheduling Conference set for
December 9, 2013 at 9:15 a.m.
IT IS FURTHER ORDERED resetting this matter for a Telephonic Status/Scheduling
Conference on January 13, 2014 at 8:45 a.m., for the purpose of selecting a trial date if the case
has not settled. Counsel shall have their trial calendars available. Telephonic Conference is set
before:
JUDGE ROBERT H OBERBILLIG
OLD COURT HOUSE
125 WEST WASHINGTON STREET
THIRD FLOOR – COURTROOM 309

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
12/09/2013
Docket Code 003
Form V000A
Page 2
PHOENIX, AZ 85003
(602) 506-2194
IT IS FURTHER ORDERED Plaintiff’s counsel shall initiate the telephonic conference
by first arranging the presence of all other counsel or self-represented parties on the conference
call and then calling this division (602-506-2194) promptly at the scheduled time. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.
The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a moving vehicle or while in traffic.
NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting this division
three (3) court business days before the scheduled hearing.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected].
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/17/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
12/16/2013
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
T. Nosker
Deputy
DILLIONS GRAND L L C, et al.
NEAL G HORENSTEIN
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN C HENDRICKS
LYN ANNE BAILEY
LISA M BOROWSKY
BRUCE W LORBER
SUSAN GRACE DANA
RICHARD A SEGAL
MINUTE ENTRY
A clerical error having been made,
IT IS ORDERED correcting this Court’s minute entry dated December 9, 2013, Page 1,
to reflect the correct endorsements of the following:
Neal G. Horenstein
John C. Hendricks
Lyn Anne Bailey
in place and instead of the incorrect endorsements of:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
12/16/2013
Docket Code 021
Form V000A
Page 2
Lisa M. Borowsky
Bruce W. Lorber
Susan Grace Dana
Richard A. Segal
The balance of the minute entry is correct and remains in full force and effect and reads as
follows:
The parties have advised the Court that they are attempting to settle this matter and would
like to reset the Telephonic Status Conference set this date. Accordingly,
IT IS ORDERED vacating the Telephonic Status/Scheduling Conference set for
December 9, 2013 at 9:15 a.m.
IT IS FURTHER ORDERED resetting this matter for a Telephonic Status/Scheduling
Conference on January 13, 2014 at 8:45 a.m., for the purpose of selecting a trial date if the case
has not settled. Counsel shall have their trial calendars available. Telephonic Conference is set
before:
JUDGE ROBERT H OBERBILLIG
OLD COURT HOUSE
125 WEST WASHINGTON STREET
THIRD FLOOR – COURTROOM 309
PHOENIX, AZ 85003
(602) 506-2194
IT IS FURTHER ORDERED Plaintiff’s counsel shall initiate the telephonic conference
by first arranging the presence of all other counsel or self-represented parties on the conference
call and then calling this division (602-506-2194) promptly at the scheduled time. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.
The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a moving vehicle or while in traffic.
NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting this division

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
12/16/2013
Docket Code 021
Form V000A
Page 3
three (3) court business days before the scheduled hearing.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected].
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/28/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-005216
12/27/2012
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
C. Danos
Deputy
DILLIONS GRAND L L C, et al.
NEAL G HORENSTEIN
v.
SUN CITY GRAND COMMUNITY
ASSOCIATION INC, et al.
JOHN C HENDRICKS
LYN ANNE BAILEY
COURT ADMIN-CIVIL-CCC
JUDGE OBERBILLIG
JUDGE REA
MINUTE ENTRY
This case is currently assigned to the Honorable John Rea (CVJ14).
Court Administration having identified this case for reassignment,
IT IS ORDERED that effective January 1, 2013, this case be reassigned to the
Honorable Robert Oberbillig (CVJ01).
All hearings set on or after January 1, 2013 shall be heard before the Honorable Robert
Oberbillig.
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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