03/13/2017 — CV2016090830 SYSTEMS L L C, WATER SUBMETERING 03/13/2017 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/15/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-090830
03/13/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
WOODMAR I V ASSOCIATION INC
CHARLENE A CRUZ
v.
WATER SUBMETERING SYSTEMS L L C, et
al.
JAMES DAVID NOLAN
MARK K SAHL
CLINT G GOODMAN
ASHLEY N MOSCARELLO
MINUTE ENTRY
The Court has received and reviewed Defendants’ Motion to Compel and the Stipulation
to Extend Time to Respond to Motion to Compel. After a review of the Court’s docket, the
Court finds that the Motion to Compel and the Stipulation are moot.
IT IS FURTHER ORDERED affirming the Telephonic Status Conference set for
September 7, 2017 at 9:15 a.m. (15 minutes allotted).
03/21/2017 — CV2016090830 SYSTEMS L L C, WATER SUBMETERING 03/21/2017 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/23/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-090830
03/21/2017
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
WOODMAR I V ASSOCIATION INC
CHARLENE A CRUZ
v.
WATER SUBMETERING SYSTEMS L L C, et
al.
JAMES DAVID NOLAN
MARK K SAHL
CLINT G GOODMAN
ASHLEY N MOSCARELLO
CASE SET FOR DISMISSAL/
TELEPHONIC STATUS CONFERENCE VACATED
Defendants having filed a Notice of Settlement,
IT IS ORDERED that this matter will be dismissed on May 15, 2017, without further
notice unless prior to that date a Stipulated Judgment or a Stipulation for Dismissal together with
a proposed form of Order is submitted to the Court.
IT IS FURTHER ORDERED vacating the Telephonic Status Conference set for
September 7, 2017 at 9:15 a.m.
03/30/2016 — CV2016090830 SYSTEMS L L C, WATER SUBMETERING 03/30/2016 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-090830
03/30/2016
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
WOODMAR I V ASSOCIATION INC
CLINT G GOODMAN
v.
WATER SUBMETERING SYSTEMS L L C, et
al.
WATER SUBMETERING SYSTEMS
LLC
C/O ANTHONY ROSSETTI
3120 N 19TH AVE, STE 200
PHOENIX AZ 85015
UTILITY SUBMETERING SYSTEMS
LLC
C/O ANTHONY ROSSETTI
3120 N 19TH AVE, STE 200
PHOENIX AZ 85015
SCOTT L POTTER
MINUTE ENTRY
Courtroom 207 – SEA
2:30 p.m. This is the time set for Return Hearing re: Plaintiff’s Emergency Motion for
Temporary Restraining Order with Notice. Counsel, Clint G. Goodman, is present on behalf of
Plaintiff. Defendants are not present, however, Anthony Rossetti (General Manager) is present.
A record of the proceeding is made by audio and/or videotape in lieu of a court reporter.
The Court has reviewed the case file and the pleadings filed by the parties.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-090830
03/30/2016
Docket Code 056
Form V000A
Page 2
Counsel for Plaintiff advises the Court that he has not been able to effectuate proper
service on the Defendants but that he has made contact with Defendants and has provided,
through Mr. Rossetti, copies of the pleadings and attendant documents via email.
LET THE RECORD REFLECT Mr. Rossetti, a member of the Defendant LLC’s,
acknowledges that service is complete.
An LLC or Incorporated entity cannot appear in Court through a member or
representative of the LLC or Incorporated entity who is not an attorney. Further, it cannot appear
in propria persona. Ramada Inns, Inc. v. Lane and Bird Advertising, Inc., 102 Ariz. 127, 128
(1967). Thus, unless represented by an attorney authorized to practice in Arizona, an LLC or
Incorporated entity may not file pleadings or make arguments to the Court.
Based on the non-objection of Mr. Rosetti today,
IT IS ORDERED granting Plaintiff’s Emergency Motion for Temporary Restraining
Order with Notice.
IT IS ORDERED precluding the Defendants from collecting or interfering with the
Plaintiff’s collection of any funds from the unit owners within the Association as requested in
Plaintiff’s Emergency Motion.
The Court declines to require the posting of a bond at this time.
IT IS ORDERED directing counsel for Plaintiff to submit a form of Order consistent
with the Court’s orders and Plaintiff’s Emergency Motion for Temporary Restraining Order no
later than April 8, 2016.
IT IS ORDERED setting this matter for an Evidentiary Hearing re: Temporary
Restraining Order on April 15, 2016 at 4:00 p.m. (1 hour allotted) before:
HONORABLE DAVID TALAMANTE
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 207
222 E. JAVELINA
MESA, AZ 85210
IT IS ORDERED that counsel and self-represented litigants (“the parties”) are directed
to personally meet no later than April 8, 2016 to exchange exhibits and discuss the exhibits
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-090830
03/30/2016
Docket Code 056
Form V000A
Page 3
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 hearing.
IT IS FURTHER ORDERED that the parties shall deliver to the Clerk of this Division
all exhibits they will be introducing at the hearing, no later than noon on April 11, 2016.
Counsel shall present all exhibits with a written list of brief exhibit descriptions to the Clerk.
Exhibits shall not be placed in a notebook unless they are voluminous. 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 tabbed divider sheet. An enlargement may be used for demonstrative purposes;
however an 8 ½ x 11 size copy of the enlargement must be submitted with the other exhibits and
will be marked for demonstrative purposes only. (Enlargements will be released to the party
using said enlargement at the end of trial.) The exhibits will be marked by the Clerk in
consecutive order: Plaintiff’s exhibits marked first; Defendant’s exhibits 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 this time. 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 the hearing.
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.
2:47 p.m. Hearing concludes.
06/01/2017 — CV2016090830 SYSTEMS L L C, WATER SUBMETERING 06/01/2017 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/06/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-090830
06/01/2017
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
WOODMAR I V ASSOCIATION INC
CHARLENE A CRUZ
v.
WATER SUBMETERING SYSTEMS L L C, et
al.
JAMES DAVID NOLAN
MARK K SAHL
CLINT G GOODMAN
ASHLEY N MOSCARELLO
CASE DISMISSED
Following up on the Court’s Minute Entry dated March 21, 2017 and nothing having
been filed,
IT IS ORDERED dismissing this matter without prejudice.
