02/10/2009 — CV2008007710 HOME OWNERS ASSOCIATION, SANDS SCOTTSDALE 02/10/2009 HON. SAM J. MYERS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/12/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
02/10/2009
Docket Code 351
Form V351
Page 1
CLERK OF THE COURT
HON. SAM J. MYERS
L. Firriello
Deputy
DIAMOND ALLIED SERVICES L L C
GEOFFREY S KERCSMAR
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION
TIMOTHY L MOULTON
FRANCES K BASEDEN
COURT ADMIN-CIVIL-ARB DESK
REMOVE ARBITRATOR
The Court has reviewed the letter from Frances K. Baseden dated February 3, 2009.
THE COURT FINDS that there is good cause to excuse Frances K. Baseden as the
appointed arbitrator in this case.
IT IS ORDERED excusing Frances K. Baseden as arbitrator in this matter and
forwarding this case to the Civil Court Administration/Arbitration Desk for appointment of a
new arbitrator.
This Court has further considered Frances K. Baseden's request to be removed from the
list now maintained by the Civil Court Administration/Arbitration desk.
THE COURT FINDS that there is good cause to remove Frances K. Baseden's name
from the list of potential arbitrators maintained by the Civil Court Administration/Arbitration
Desk. Therefore,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
02/10/2009
Docket Code 351
Form V351
Page 2
IT IS ORDERED that the Civil Court Administration/Arbitration Desk shall remove the
name of Frances K. Baseden as a potential arbitrator. However,
IT IS FURTHER ORDERED that should Frances K. Baseden return to Maricopa County
in active practice, she shall immediately notify the Civil Court Administration/Arbitration Desk
of her availability to serve as an arbitrator.
FILED: Letter from Frances K. Baseden
05/24/2010 — CV2008007710 HOME OWNERS ASSOCIATION, SANDS SCOTTSDALE 05/24/2010 HONORABLE L. GRANT View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/25/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
05/24/2010
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE L. GRANT
T. Soto
Deputy
DIAMOND ALLIED SERVICES L L C
GEOFFREY S KERCSMAR
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION
TIMOTHY L MOULTON
RICHARD R THOMAS
ORAL ARGUMENT SET
IT IS ORDERED setting Telephonic Oral Argument on Plaintiff’s Notice of Lodging
of Amended (Proposed) Final Judgment on June 7, 2010 at 9:30 a.m. (Time allotted: 30
minutes) before:
THE HONORABLE LARRY GRANT
SOUTHEAST ADULT FACILITY
222 EAST JAVELINA
COURTROOM 206
MESA AZ 85210
NOTE: Counsel for the Plaintiff is to initiate the telephonic Oral Argument by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division at (602) 506-5033 promptly at the scheduled time.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
05/24/2010
Docket Code 094
Form V000A
Page 2
IT IS FURTHER ORDERED as follows:
Any motion or stipulation for continuance must be filed with the Court no later than
four (4) court days prior to the date set for hearing. After that date, no continuances will be
granted except for extraordinary circumstances.
Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.
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 THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.
05/29/2008 — CV2008007710 HOME OWNERS ASSOCIATION, SANDS SCOTTSDALE 05/29/2008 HONORABLE PETER SWANN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/02/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
05/29/2008
Docket Code 530
Form V530
Page 1
CLERK OF THE COURT
HONORABLE PETER SWANN
D. Monroe
Deputy
DIAMOND ALLIED SERVICES L L C
GEOFFREY S KERCSMAR
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION
SANDS SCOTTSDALE HOME
OWNERS ASSOCIATION
NO ADDRESS ON RECORD
COURT ADMIN-CIVIL-ARB DESK
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
DOCKET-CIVIL-CCC
E-FILE CASE MANAGEMENT
FILE ROOM-CSC
FINANCIAL SERVICES-BILLING-CCC
CASE DESIGNATED FOR PARTICIPATION IN THE COURT'S E-FILING PROGRAM
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2007-140,
IT IS ORDERED that all pleadings in this case be electronically filed.
The electronic filing system will be available for use on June 12, 2008 and mandatory e-
filing will commence on July 3, 2008. Filing by conventional means may continue until this
mandatory date. ALL FILINGS NOT EFILED AFTER THE MANDATORY DATE WILL
NOT BE CONSIDERED BY THE DIVISION UNTIL PROPERLY EFILED. If service has not
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
05/29/2008
Docket Code 530
Form V530
Page 2
yet been completed as to some or all of the Defendants, then it is the Plaintiff's responsibility to
forward this minute entry to later appearing parties.
You may now choose to use the Clerk of Court hosted eFiling system, or one of the
Court's qualified eFiling service providers to electronically file your pleadings. Please visit the
following web site for more information on your options for eFiling.
http://www.clerkofcourt.maricopa.gov
To assist in the transition to eFiling, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the eFiling system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory eFiling
date. The web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp
Additionally, please be sure to review the eFiling Guidelines set forth by Administrative
Order 2007-140 at the following web site address:
https://efiling.clerkofcourt.maricopa.gov/efilingguidelines
Upon the mandatory eFiling date, all attorneys of record shall eFile all pleadings in
accordance with the guidelines set forth in Administrative Order 2007-140. Self-represented
parties or pro per litigants, and other case participants like Mediators, Arbitrators, and Special
Discovery Masters are strongly encouraged to eFile all pleadings. If a self-represented party, or
other case participant chooses to file their pleading in paper, they shall include a notation just
under the case number on the first page of the pleading that the case is an “EFILE CASE”.
The eFiling system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
Where filing fees may incur on an electronic filing, they may be paid by credit card at the
time of filing if the filing party choose to use a qualified eFiling service provider. If the filing
party chooses to use the Clerk of Court's hosted eFiling system, the filing party will be contacted
by the Clerk's Office by phone for credit card payment. If we are unable to process payment by
phone, the filing party will be billed by the Billing Unit of the Clerk of Superior Court.
eFiled Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
05/29/2008
Docket Code 530
Form V530
Page 3
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
The Court highly encourages filing parties to submit all proposed forms of order in a
Microsoft Word format to allow judicial officers to more efficiently manage their review and
ruling process.
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summary Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to
Defendant's Motion for Summary Judgment on Negligence." No response to a motion shall
contain a separate motion, except in the case of a cross-motion bearing the same designation.
06/22/2010 — CV2008007710 HOME OWNERS ASSOCIATION, SANDS SCOTTSDALE 06/22/2010 HONORABLE L. GRANT View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/23/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
06/22/2010
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE L. GRANT
T. Soto
Deputy
DIAMOND ALLIED SERVICES L L C
GEOFFREY S KERCSMAR
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION
TIMOTHY L MOULTON
RICHARD R THOMAS
MINUTE ENTRY
Courtroom SEF 206
9:30 a.m. This is the time set for Oral Argument on the lodged Judgment filed by
Plaintiff. Counsel Eric Hull participates on behalf of Plaintiff Diamond Allied Services who are
not present. Counsel Timothy Moulton participates on behalf of Defendant Sands Scottsdale
Home Owners Association who are not present.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Argument is heard on the lodged Judgment filed by Plaintiff and request for attorney
fees.
IT IS ORDERED taking this matter UNDER ADVISEMENT.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
9:44 a.m. Hearing concludes
08/20/2010 — CV2008007710 HOME OWNERS ASSOCIATION, SANDS SCOTTSDALE 08/20/2010 HONORABLE L. GRANT View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/23/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
08/20/2010
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE L. GRANT
T. Soto
Deputy
DIAMOND ALLIED SERVICES L L C
GEOFFREY S KERCSMAR
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION
TIMOTHY L MOULTON
RICHARD R THOMAS
MINUTE ENTRY
On or about April 7, 2010, Plaintiff Diamond Allied Services, LLC filed a notice of
Lodge Amended Proposals Final Judgment; the Court has received and reviewed that pleading.
On or about April 12, 2010, Defendant, the Sands Scottsdale Homeowners Association
filed Defendant’s Response to Plaintiff’s Notice of Lodging of Amended Proposed Final
Judgment as an objection; the Court has received and reviewed that pleading.
On June 22, 2010, the matter was set for Oral Argument before this Court during which
the parties argue the merits of their respective positions on the issue.
The Court has also reviewed the Notice of Acceptance of Offer of Judgment; the Offer of
Judgment of Plaintiff; Plaintiff’s Application for Fees and Costs;
Based upon the arguments of counsel, and the pleadings filed by the parties, the Court
finds that the offer of judgment clearly provides for a separate and independent award of
attorney's fees.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
08/20/2010
Docket Code 019
Form V000A
Page 2
Having reviewed Plaintiff's Application for an Award of Attorney's Fees, the Court finds
that an award of attorney's fees is appropriate as it was contemplated by the offer of judgment.
IT IS ORDERED that Defendant's Objection to Award of Attorney's Fees is overruled.
IT IS FURTHER ORDERED that Plaintiff is entitled to an award of attorney's fees in
the amount of $39,232.00 and costs and the amount of $2,242.00.
The Court is not inclined to award attorneys fees for the preparation of the Application
for Attorney's Fees.
IT IS FURTHER ORDERED that Plaintiff's Request for Additional Attorney’s Fees in
the amount of $7,928.00 is denied.
IT IS FURTHER ORDERED that Plaintiff shall submit an appropriate order to this
Court within 30 days from the date of this ruling.
10/07/2010 — CV2008007710 HOME OWNERS ASSOCIATION, SANDS SCOTTSDALE 10/07/2010 HONORABLE L. GRANT View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/08/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-007710
10/07/2010
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE L. GRANT
T. Soto
Deputy
DIAMOND ALLIED SERVICES L L C
GEOFFREY S KERCSMAR
v.
SANDS SCOTTSDALE HOME OWNERS
ASSOCIATION
TIMOTHY L MOULTON
RICHARD R THOMAS
SETTLEMENT/PLACED ON INACTIVE CALENDAR
The Court having been advised this case has settled,
IT IS ORDERED placing this matter on the inactive calendar for dismissal without further
notice on December 6, 2010 unless prior to said date a judgment is entered or filed, a stipulation
of dismissal is presented, or a motion to set and certificate of readiness is filed.
