01/06/2006 — CV2005092038 FITTING, BRENNDA 01/06/2006 HON. MARK F. ACETO View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-092038
01/06/2006
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Brady
Deputy
FILED: 01/10/2006
MARYLAND HEIGHTS GARDEN HOMES
ASSOCIATION
MARK E LINES
v.
BRENNDA FITTING
BRENNDA FITTING
6611 N 46TH DR
GLENDALE AZ 85301
ALTERNATIVE DISPUTE
RESOLUTION - CCC
MINUTE ENTRY
2:41 p.m. This is the time set for telephonic status conference. Mark Lines is present
telephonically on behalf of plaintiff. Brennda Fitting is present telephonically on own behalf.
A record of the proceeding is made by CD and videotape in lieu of a court reporter.
Alternative Dispute Resolution Deadline: 03/06/2006
IT IS ORDERED referring this matter to the Court’s Alternative Dispute
Resolution Office for the appointment of a Judge Pro Tempore to conduct a settlement
conference. Counsel and/or the parties are instructed that ADR will set the settlement
conference and therefore they should not contact the office of ADR. Counsel and/or the
parties will be notified by ADR by minute entry upon the appointment of a Judge Pro
Tempore and at that time should contact the appointed Judge Pro Tempore to arrange the
time and location for the settlement conference.
All counsel and their clients, or non-lawyer representatives who have full and complete
authority to settle this case, shall personally appear and participate in good faith in
ADR/Settlement Conference. Sanctions may be imposed for failure to participate in good faith.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-092038
01/06/2006
Docket Code 029
Form V000A
Page 2
The Court notes that Charley Gibbs is the spouse of Ms. Fitting. The Court also notes that
Mr. Gibbs is not a lawyer and therefore may not represent Ms. Fitting in this case. It is the
Court’s understanding that Mr. Gibbs may go with Defendant to the settlement conference,
however, the Court explicitly notes the Judge Pro Tem will have the discretion to exclude Mr.
Gibbs from the formal settlement conference discussions.
3:00 p.m. Hearing in chambers concludes.
E-COURTROOM POLICIES
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of the proceeding are available in the Self-Service Center and
in the JAVS courtrooms.
A person requesting a daily copy of CD or videotape must complete the appropriate
request form and pay the applicable fee to the Self-Service Center. Upon payment of the
appropriate fees through the Self-Service Center, a receipt will be issued which shall then be
presented to Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
Should a party wish to have a court reporter present for trial, a written request must be
received by the Court ten (10) court business days prior to the scheduled hearing.
05/04/2006 — CV2005092038 FITTING, BRENNDA 05/04/2006 HON. MARK F. ACETO View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-092038
05/04/2006
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Brady
Deputy
FILED: 05/08/2006
MARYLAND HEIGHTS GARDEN HOMES
ASSOCIATION
MARK E LINES
v.
BRENNDA FITTING
BRENNDA FITTING
6611 N 46TH DR
GLENDALE AZ 85301
DOROTHY Q PAINE
MINUTE ENTRY
Plaintiff has submitted a “Notice of Filing Provisional Settlement Agreement”. This
notice is dated My 2, 2006. Pursuant to the request included therein,
IT IS ORDERED continuing this case on the inactive calendar until October 23, 2006.
If a stipulation for dismissal and proposed form of Order are not submitted before that date, the
case will be dismissed without further notice.
DATED this 4th day of May, 2006.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
06/30/2005 — CV2005092038 FITTING, BRENNDA 06/30/2005 HON. MARK F. ACETO View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-092038
06/30/2005
Docket Code 022
Form J000
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
K. Stone
Deputy
FILED: 07/04/2005
MARYLAND HEIGHTS GARDEN HOMES
ASSOCIATION
CHARLES E MAXWELL
v.
BRENNDA FITTING, et al.
BRENNDA FITTING
6611 N 46 DR
GLENDALE AZ 85301
KAY W FITTING
6611 N 46 DR
GLENDALE AZ 85301
MINUTE ENTRY
1:46 p.m. This is the time set for return hearing on Plaintiff’s Petition for Order to Show
Cause. Counsel, Mark Lines for Charles E. Maxwell, is present on behalf of Plaintiff.
Defendants are neither present nor represented.
A record of this proceeding is made by CD and videotape in lieu of a court reporter.
LET THE RECORD REFLECT this matter was set for hearing at 1:30 p.m. It is now
1:47 p.m. and Defendants are not present nor have they contacted this division.
THE COURT FINDS the Defendants have waived their appearance at the hearing set this
date.
Discussion is held.
IT IS ORDERED granting Plaintiff’s Petition for Order to Show Cause.
IT IS ORDERED Plaintiff’s counsel shall present a formal written order for the Court’s
signature no later than 4:00 p.m. today.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-092038
06/30/2005
Docket Code 022
Form J000
Page 2
1:49 p.m. Hearing concludes.
LATER:
IT IS ORDERED settling and approving the formal written Preliminary Injunction
modified and signed by the Court on June 30, 2005 and filed by the Clerk on June 30, 2005.
E-COURTROOM POLICIES
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes regardless of when the copies are made. A fee of $20.00 will apply
to all copies requested, either on the day of the hearing or for hearings recorded on an earlier
date. Forms to request a recording of the proceeding are available in the Self-Service Center and
in the JAVS courtrooms.
A person requesting a daily copy of CD or videotape must complete the appropriate
request form and pay the applicable fee to the Self-Service Center. Upon payment of the
appropriate fees through the Self-Service Center, a receipt will be issued which shall then be
presented to Court staff for preparation of the CD or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
Should a party wish to have a court reporter present for trial, a written request must be
received by the Court ten (10) court business days prior to the scheduled hearing.
09/20/2005 — CV2005092038 FITTING, BRENNDA 09/20/2005 COMMISSIONER M. SCOTT MCCOY View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-092038
09/20/2005
Docket Code 023
Form J000
Page 1
CLERK OF THE COURT
COMMISSIONER M. SCOTT MCCOY
P. Odell
Deputy
FILED: 10/05/2005
MARYLAND HEIGHTS GARDEN HOMES
ASSOCIATION
CHARLES E MAXWELL
v.
BRENNDA FITTING, et al.
BRENNDA FITTING
6611 N 46TH DR
GLENDALE AZ 85301
JUDGE ACETO
MINUTE ENTRY
Counsel has advised the Court of a conflict with the oral argument concerning Plaintiff’s
Motion to Strike Defendant’s answer scheduled for today at 2:00 p.m. Because the Court does
not believe oral argument would be helpful, IT IS ORDERED denying Plaintiff’s request to
continue the oral argument.
IT IS FURTHER ORDERED denying the Motion to Strike. Rule 11(a) allows a
pleading not signed by a party to be stricken if not signed promptly after the omission is pointed
out. See Arizona Rules of Civil Procedure 11(a). Here, Plaintiff filed an application for entry of
default on June 23, 2005. Defendant, Brennda Fitting’s husband, signed and filed an “Answer to
Application for Default” on July 1, 2005. In that document, she responded to the allegations and
“Counts” of the complaint.
Plaintiff filed the pending Motion to Strike on July 18, 2005, and Defendant Brennda
Fitting filed a response thereto on August 2, 2005. She signed that brief and indicated the July 1,
2005 pleading was filed on her behalf. This is sufficient to satisfy Rule 11(a).
IT IS FURTHER ORDERED referring this case back to The Honorable Mark Aceto for
all further proceedings in this matter.
11/09/2005 — CV2005092038 FITTING, BRENNDA 11/09/2005 HON. MARK F. ACETO View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-092038
11/09/2005
Docket Code 041
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Brady
Deputy
FILED: 11/10/2005
MARYLAND HEIGHTS GARDEN HOMES
ASSOCIATION
CHARLES E MAXWELL
v.
BRENNDA FITTING, et al.
BRENNDA FITTING
6611 N 46TH DR
GLENDALE AZ 85301
MARK E LINES
MOTION FOR PARTIAL SUMMARY JUDGMENT
On October 6, 2005, Plaintiff filed a “Motion for Partial Summary Judgment Regarding
Liability for Breach of Contract and Foreclosure”. The Court has reviewed the pleadings.
Pursuant to Rule 7.1, the Court declines to schedule oral argument.
Plaintiff’s breach of contract and foreclosure claims pivot off of Plaintiff’s allegation that
Defendant Brennda Fitting is liable to Plaintiff for unpaid assessments. Defendant admits that
this allegation is true. As to the unpaid assessment allegation, there is no genuine issue of
material fact and Plaintiff is entitled to judgment as a matter of law. Therefore,
IT IS ORDERED granting partial summary judgment in favor of Plaintiff and against
Defendant Brennda Fitting regarding Plaintiff’s claim that Defendant is liable to Plaintiff for
some unpaid assessments.
TELEPHONIC SCHEDULING CONFERENCE
The Court wishes to discuss with the parties the topic of referral to some form of
alternative dispute resolution. Therefore, it is ordered setting a telephonic scheduling conference
on January 6, 2006 at 2:30 p.m.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-092038
11/09/2005
Docket Code 041
Form V000A
Page 2
NOTE: This division will place the conference call at the time of the hearing.
Further,
IT IS ORDERED that both Plaintiff’s counsel and Defendant Brennda Fitting participate
in the telephonic scheduling conference. Further,
IT IS ORDERED that Defendant Brennda Fitting contact this division no later than 48
hours before the telephonic scheduling conference to advise this division of the phone number to
use to contact her at the time of the telephonic scheduling conference. (If Defendant does not
have access to a phone, Defendant must appear in person, in Court for the telephonic scheduling
conference.)
The Court warns that failure to participate in the telephonic scheduling conference could
result in sanctions. For example, if Defendant fails to participate in the conference, the Court
could strike Defendant’s answer, enter default against Defendant, and order that said default be
effective as of the date of entry.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
11/29/2006 — CV2005092038 FITTING, BRENNDA 11/29/2006 HONORABLE CHRISTOPHER WHITTEN View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
12/01/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-092038
11/29/2006
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CHRISTOPHER WHITTEN
M. Brady
Deputy
MARYLAND HEIGHTS GARDEN HOMES
ASSOCIATION
MARK E LINES
v.
BRENNDA FITTING
BRENNDA FITTING
6611 N 46TH DR
GLENDALE AZ 85301
DOROTHY Q PAINE
ORDER OF DISMISSAL
A review of the file in this matter indicates the case was placed on the inactive calendar
for dismissal on October 23, 2006 by minute entry dated May 4, 2006. Accordingly,
IT IS ORDERED dismissing any remaining unadjudicated claims.
DATED this 29th day of November, 2006.
/ s / HONORABLE CHRISTOPHER WHITTEN
JUDICIAL OFFICER OF THE SUPERIOR COURT
