01/19/2018 — CV2016051874 COMMUNITY ASSOCIATION, THE, LEGEND TRAIL 01/19/2018 HONORABLE SUSAN M. BRNOVICH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/22/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-051874
01/19/2018
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley
Deputy
THOMAS R EDEL
JONATHAN P IBSEN
v.
LEGEND TRAIL COMMUNITY
ASSOCIATION, THE, et al.
JAY ROSENTHAL
LIFE FITNESS BRUNSWICK
CORPORATION
NO ADDRESS ON RECORD
GARRETT OLEXA
ORDER SIGNED
TELEPHONIC STATUS CONFERENCE VACATED AND RESET
IT IS ORDERED approving and settling formal written First Amended Scheduling
Order electronically signed by the Court on January 19, 2018, and filed (entered) by the Clerk on
January 22, 2018.
IT IS FURTHER ORDERED vacating the January 31, 2018 Telephonic Pretrial
Status/Scheduling Conference and resetting same on March 9, 2018 at 9:00 a.m. (15 minutes
allotted) for the purpose of assigning a trial date and a final pretrial management conference date
if the case has not settled. Trial Counsel MUST be present for the above scheduled
conference. 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) 372-2020 promptly at the scheduled time. The parties
and counsel shall not be permitted to participate in conferences via cell phones or
speakerphone.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-051874
01/19/2018
Docket Code 083
Form V000A
Page 2
Please note: If either party fail to appear for the hearing scheduled above, this matter
could be dismissed.
01/25/2018 — CV2016051874 COMMUNITY ASSOCIATION, THE, LEGEND TRAIL 01/25/2018 HONORABLE SUSAN M. BRNOVICH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/29/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-051874
01/25/2018
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley
Deputy
THOMAS R EDEL
JONATHAN P IBSEN
v.
LEGEND TRAIL COMMUNITY
ASSOCIATION, THE, et al.
JAY ROSENTHAL
LIFE FITNESS BRUNSWICK
CORPORATION
NO ADDRESS ON RECORD
GARRETT OLEXA
CASE PLACED ON DISMISSAL CALENDAR
The Court having received a Notice of Settlement,
IT IS ORDERED finding all pending motions moot and placing this matter on the
Dismissal Calendar until March 30, 2018. This case will be dismissed on that date without
further notice, unless prior to said date a Judgment is entered or filed, a Stipulation for Dismissal
is presented, or a Motion to Set and Certificate of Readiness is filed. Any scheduled hearings are
vacated.
04/14/2017 — CV2016051874 COMMUNITY ASSOCIATION, THE, LEGEND TRAIL 04/14/2017 HONORABLE SUSAN M. BRNOVICH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/17/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-051874
04/14/2017
Docket Code 095
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley
Deputy
THOMAS R EDEL
JONATHAN P IBSEN
v.
LEGEND TRAIL COMMUNITY
ASSOCIATION, THE, et al.
JAY ROSENTHAL
LIFE FITNESS BRUNSWICK
CORPORATION
NO ADDRESS ON RECORD
GARRETT OLEXA
ORAL ARGUMENT VACATED AND RESET
Courtroom 112-NER
9:54 a.m. This is the time set for an emergency telephonic Status Conference. All parties
appear telephonically. Appearing on behalf of Plaintiff is counsel, Craig Cheney for Jonathan P.
Ibsen. Appearing on behalf of Defendants Legend Trail is counsel, Jay Rosenthal. Appearing on
behalf of Defendant Brunswick Corporation is counsel, Garret Olexa.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held. The Court is advised that Scott Richardson, counsel who was to
present oral argument on behalf of Plaintiff, has passed away. Upon request of counsel for
Plaintiff with no objection from Defendants,
IT IS ORDERED vacating the Oral Argument set for today’s date at 11:00 a.m.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-051874
04/14/2017
Docket Code 095
Form V000A
Page 2
IT IS FURTHER ORDERED resetting same for May 11, 2017 at 8:45 a.m. (1 hour
allotted). Counsel and any unrepresented parties shall appear in person for this hearing before:
THE HONORABLE JUDGE SUSAN BRNOVICH
SUPERIOR COURT OF ARIZONA
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH STREET
COURTROOM 112
PHOENIX, ARIZONA 85032
(602) 372-2020
9:58 a.m. Matter concludes.
04/18/2017 — CV2016051874 COMMUNITY ASSOCIATION, THE, LEGEND TRAIL 04/18/2017 HONORABLE SUSAN M. BRNOVICH View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/20/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-051874
04/18/2017
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley
Deputy
THOMAS R EDEL
JONATHAN P IBSEN
v.
LEGEND TRAIL COMMUNITY
ASSOCIATION, THE, et al.
JAY ROSENTHAL
LIFE FITNESS BRUNSWICK
CORPORATION
NO ADDRESS ON RECORD
GARRETT OLEXA
ORDER SIGNED
TELEPHONIC STATUS CONFERENCE SET
IT IS ORDERED approving and settling formal written Scheduling Order electronically
signed by the Court on April 18, 2017, and filed (entered) by the Clerk on April 19, 2017.
IT IS FURTHER ORDERED setting a Telephonic Pretrial Status/Scheduling
Conference on January 31, 2018 at 8:45 a.m. (15 minutes allotted) for the purpose of
assigning a trial date and a final pretrial management conference 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) 372-2020 promptly at the scheduled time. The parties and
counsel shall not be permitted to participate in conferences via cell phones or
speakerphone.
Please note: If either party fail to appear for the hearing scheduled above, this matter
could be dismissed.
05/11/2017 — CV2016051874 COMMUNITY ASSOCIATION, THE, LEGEND TRAIL 05/11/2017 HONORABLE SUSAN M. BRNOVICH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/17/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-051874
05/11/2017
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley
Deputy
THOMAS R EDEL
JONATHAN P IBSEN
v.
LEGEND TRAIL COMMUNITY
ASSOCIATION, THE, et al.
JAY ROSENTHAL
LIFE FITNESS BRUNSWICK
CORPORATION
NO ADDRESS ON RECORD
GARRETT OLEXA
UNDER ADVISMENT RULING
The Court has had the opportunity to review Watts v. Golden Age Nursing Home, 127
Ariz. 255, (1980). Based on that rationale, the Court finds that punitive damages are not
available on the wrongful death claims. Therefore,
IT IS ORDERED granting Brunswick Corporation’s Motion to Dismiss Punitive
Damages and granting Defendants Legend Trail Community Association, Legend Train Parcel
A. Homeowners Association, Legend Trail Parcel E, Homeowners Association and AAM,
LLC’s Motion for Partial Summary Judgment Regarding Punitive Damages.
IT IS FURTHER ORDERED that Plaintiff’s file their amended complaint no later than
May 26, 2017.
05/11/2017 — CV2016051874 COMMUNITY ASSOCIATION, THE, LEGEND TRAIL 05/11/2017 HONORABLE SUSAN M. BRNOVICH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/15/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-051874
05/11/2017
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley
Deputy
THOMAS R EDEL
JONATHAN P IBSEN
v.
LEGEND TRAIL COMMUNITY
ASSOCIATION, THE, et al.
JAY ROSENTHAL
LIFE FITNESS BRUNSWICK
CORPORATION
NO ADDRESS ON RECORD
GARRETT OLEXA
MATTER UNDER ADVISEMENT
Courtroom 112-NER
8:50 a.m. This is the time set for Oral Argument regarding Brunswick Corporation’s
Motion to Dismiss Plaintiff’s Claims for Wrongful Death and Punitive Damages and Defendants
Legend Trail Community Association, Legend Train Parcel A. Homeowners Association,
Legend Trail Parcel E, Homeowners Association and AAM, LLC’s Motion for Partial Summary
Judgment Regarding Punitive Damages. Present on behalf of Plaintiff is counsel, Jonathan P.
Ibsen. Present on behalf of Defendants Legend Trail Community Association, Legend Train
Parcel A. Homeowners Association, Legend Trail Parcel E. Homeowners Association and AAM,
LLC, is counsel, Jay Rosenthal. Appearing on behalf of Defendant Brunswick Corporation is
counsel, Garrett Olexa.
A record of the proceedings is made digitally in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-051874
05/11/2017
Docket Code 020
Form V000A
Page 2
Arguments are presented to the Court.
IT IS ORDERED granting Brunswick Corporation’s Motion to Dismiss the wrongful
death claim with leave to amend.
IT IS FURTHER ORDERED taking Brunswick Corporation’s Motion to Dismiss
Punitive Damages under advisement.
IT IS FURTHER ORDERED taking Defendants Legend Trail Community Association,
Legend Train Parcel A. Homeowners Association, Legend Trail Parcel E, Homeowners
Association and AAM, LLC’s Motion for Partial Summary Judgment Regarding Punitive
Damages under advisement.
9:35 a.m. Matter concludes.
