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Maricopa County Superior Court Case CV2013-007758: public docket details, parties, minute entries, documents, and official source links for Desert Peak Homeowners Association.

Case Number

CV2013-007758

County

Maricopa

Caption

Not captured

Filed

5/28/2013

Case Type

Civil

Judge

Coury, Christopher

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/06/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

01/05/2017

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAWN M. BERGIN
L. Nelson

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
EMILY H MANN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
ALEXIS M FIREHAWK

DISMISSAL CALENDAR

The Court having received Defendant’s Notice of Settlement, filed on December 22,
2016,

IT IS ORDERED accepting the Notice of Settlement and placing this matter on the
Dismissal Calendar for dismissal on or after February 22, 2017, without further notice unless a
Judgment is entered or a Stipulation for Dismissal is filed.

IT IS FURTHER ORDERED deeming any pending motions moot.

IT IS FURTHER ORDERED vacating all future hearing dates and deadlines including
the 1-day Bench Trial scheduled on January 17, 2017 in this division.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/26/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

02/21/2014

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
M. Nielsen

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
TROY B STRATMAN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
JOSHUA M BOLEN

MINUTE ENTRY

Courtroom 303 – Old Courthouse

10:07 a.m. This is the time set for Oral Argument regarding Plaintiff’s Motion for
Summary Judgment, filed on August 9, 2013 and Defendant’s Cross Motion for Summary
Judgment, filed on December 3, 2013. Plaintiff is represented by counsel Troy B. Stratman and
John F. Fyke. Defendant is represented by counsel, Joshua M. Bolen.

Court Reporter, Hilda Lopez, is present.

Discussion is held regarding case status.

Oral argument is presented.

IT IS ORDERED taking this matter under advisement.

10:36 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

02/21/2014

Docket Code 020
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 ***

03/11/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

03/05/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
M. Nielsen

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
TROY B STRATMAN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
JOSHUA M BOLEN

MINUTE ENTRY

The Court is in receipt of Plaintiff’s Request for Rule 16(B) Comprehensive Pretrial
Conference, filed on February 24, 2014 and Plaintiff’s Notice of Errata RE: Request for Rule
16(B), filed on February 26, 2014.

IT IS ORDERED granting Plaintiff’s Request for Withdrawal of Request for Rule
16(B).

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/10/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

03/09/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAWN M. BERGIN
L. Nelson

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
EMILY H MANN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
ALEXIS M FIREHAWK

MINUTE ENTRY

Counsel having advised in its Stipulation to Continue on Dismissal Calendar filed on
February 21, 2017, that a settlement has been reached,

IT IS ORDERED that counsel or written designee shall have (30) thirty days from the
date of this minute entry to take possession of the exhibits from the courtroom clerk’s office;
thereafter, the Clerk is authorized to dispose of the exhibits. The Clerk, Laura Nelson may be
contacted at (602)506-1485 or via email at [email protected].

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

04/08/2016

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAWN M. BERGIN
C. EWELL

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
TROY B STRATMAN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
ALEXIS M FIREHAWK

BENCH TRIAL SET

East Court Building – Courtroom 713

10:00 a.m. This is the time set for a Trial Setting Conference. Counsel, Emily H. Mann
(appearing in place of Troy B. Stratman), is present on behalf of the Plaintiff. Counsel, Alexis
G. Firehawk, is present on behalf of the Defendant. All parties are appearing telephonically.

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

Plaintiff’s counsel advises that the parties participated in a mediation, but it was
unsuccessful. Discovery is on track.

IT IS ORDERED:

l. Setting a Trial Management Conference on October 7, 2016 at 3:00 p.m.

2. This matter is set for Trial to the Court on October 31, 2016 beginning at 9:30 a.m.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

04/08/2016

Docket Code 089
Form V000A
Page 2

Length of trial: One (1) Day.

Before:

THE HONORABLE DAWN BERGIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W JEFFERSON
7TH FLOOR, COURTROOM 713
PHOENIX, AZ 85003
602-372-2961 TEL

DUTIES PRIOR TO THE TRIAL MANAGEMENT CONFERENCE

IT IS ORDERED that the dispute resolution procedures outlined below shall apply to
the following circumstances: (1) the parties have a discovery dispute that needs to be addressed;
(2) one party seeks to compel another party to take some action; or (3) a party intends to seek
sanctions against another party. Under any of these circumstances, counsel for the movant shall
contact the Court’s Judicial Assistant and all other counsel to advise them of his/her request for a
telephonic hearing. The moving party shall, by close of the following business day, email or
fax to the Court’s Judicial Assistant a one-page summary of the dispute. The opposing parties
shall email or fax a responsive one-page summary within two business days of receiving the
movant’s summary. No exhibits shall be included with the summaries. If, after reviewing a
summary, the Court determines that it needs additional documents, division staff will contact the
attorneys. The summaries will be filed with the clerk by the Court. Once the Court receives a
summary from each party, the Court’s Judicial Assistant will contact the parties to schedule a
telephonic conference. The email address for the Court’s Judicial assistant, Susan Whitaker, is
[email protected], and the fax number for the Division is 602-372-8566.

IT IS FURTHER ORDERED that pursuant to Rule 7.2(b), all motions in limine shall be
filed no later than 5:00 p.m. on September 7, 2016.

IT IS FURTHER ORDERED that no party shall include more than one motion in a
single filing and shall not combine a response and motion in one filing.

IT IS FURTHER ORDERED that motions in limine shall not exceed three pages in
length and responses to motions in limine shall not exceed two pages.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

04/08/2016

Docket Code 089
Form V000A
Page 3

1. JOINT PRETRIAL STATEMENT. Counsel shall file with the Court no later than
5:00 p.m. on September 23, 2016, a Joint Pretrial Statement signed by all counsel.

a) Deposition Summary: In addition to the information required by Rule
16(d), counsel shall at the Trial Management Conference provide to the
Court copies of any deposition transcripts to be used at trial.
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.

DUTIES AT TRIAL MANAGEMENT CONFERENCE

2. At the Trial Management Conference, counsel shall be prepared to discuss:

a) Stipulations for the foundation and authenticity of exhibits.

b) Agreed-upon deposition summaries and excerpts from deposition
transcripts and the editing of any videotaped depositions.

c) Use of short-trial or summary jury trial.

d) Any special scheduling or equipment issues.

3. 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.

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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

04/08/2016

Docket Code 089
Form V000A
Page 4

PROCEDURES FOR SUBMITTING EXHIBITS TO BE MARKED

Exhibits are due to the clerk no later than 5:00 p.m. on October 7, 2016. The parties
shall contact the division clerk at 602-506-1485 to make arrangements for delivering exhibits.

Counsel shall submit two sets of their exhibits, one for marking and one for the
bench. The bench copy shall be submitted in a binder(s) with number tab dividers.

Depositions will NOT be marked as exhibits. If you plan to read from a deposition
or use the deposition for impeachment purposes, you will need to supply an ORIGINAL to
the courtroom clerk for filing. Copies will not be filed with the clerk.

 A list with a generic description of each exhibit should be provided. The list should
contain the case number, the caption, scheduled trial date and the party submitting the
exhibits.

 Exhibits will be marked numerically and consecutively. If your list refers to an
exhibit and it is not provided at the time of marking, the numbers of all following
exhibits will be moved up. In addition, if duplicate exhibits are submitted, the clerk
will remove the duplicate and the numbering will be adjusted accordingly. To avoid
confusion during trial, it is essential that counsel avoid submitting duplicate exhibits.
The clerk cannot reserve numbers for exhibits that will be provided at a later date.
Exhibits will be marked as they are received. If Defendant’s exhibits are received
prior to Plaintiff’s exhibits, the Clerk may mark them first with Plaintiff’s exhibits
following.

 Each exhibit shall be stapled. If an exhibit is too large to be stapled, that exhibit shall
be securely fastened in order to prevent page separation during witness/jury
review. (Note: Black binder clips are NOT considered securely fastened. I
suggest you use the silver two-prong fasteners).

 Exhibits should be separated by a colored sheet of paper or a tabbed divider sheet.
The colored sheet or tabbed divider shall reflect the number of the exhibit and should
be placed on top of the exhibit.

 Counsel are strongly discouraged from marking exhibits they do not anticipate using
during trial. Counsel shall only submit those exhibits to the Clerk they know will
actually be used during trial. If counsel wish a document to be used during the course
of trial, that document can be marked as an exhibit at that time.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

04/08/2016

Docket Code 089
Form V000A
Page 5

 Blow-ups and large items may only be used for demonstrative purposes. You may
bring them to court to use during trial; however, if you would like them to be marked
as an exhibit, please submit an 8 ½ x 11 photo of the item.

10:04 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/17/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

04/15/2014

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
M. Nielsen

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
TROY B STRATMAN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
JOSHUA M BOLEN

UNDER ADVISMENT RULING

This matter came before the Court for Oral Argument on February 21, 2014 regarding
Plaintiff’s Motion for Summary Judgment, filed August 9, 2013; and Defendant’s Cross-Motion
for Summary Judgment, filed December 3, 2013. The matter was taken under advisement.

The Court has considered the matters presented.

Summary Judgment is appropriate if, after reviewing the facts in the light most favorable
to the non-moving party, no genuine issues of material fact remain. Joseph v. Markovitz, 27
Ariz. App. 122, 551 P.2nd 571 (App 1976). “A ‘genuine’ issue of material fact is one that a
reasonable jury, on the record before the court, could resolve in favor of either party”.
Southwest Pet Products, Inc. v. Koch Ind., 273 F.Supp. 2d 1041, 1050 (D.Ariz.2003) (citations
omitted). Even where the facts are undisputed, a genuine dispute as to conflicting inferences to
be drawn from them precludes an award of summary judgment. Executive Towers v. Leonard, 7
Ariz. App. 331,439 P.2d 303 (1968). Evidence creating even the “slightest doubt” about the
facts may be insufficient to withstand a motion for summary judgment. Orme School v Reeves,
166 Ariz. 301, 309 (1990).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

04/15/2014

Docket Code 926
Form V000A
Page 2

The Plaintiff is a planned community. The Defendant is a condominium community. The
Parties agree they have operated pursuant to an “Access, Maintenance and Common Area
Easement and Use Fee Agreement” since it was originally recorded in September 2006. This
Agreement was amended and recorded by the Parties in July 2012. Pursuant to the terms, the
Defendants are granted a permanent and perpetual easement over the Plaintiff’s common areas in
exchange for an annual use fee and related costs. The Defendant condominium community
operates under Covenants, Conditions and Restrictions which specifically outlines the Use Fee
Agreement. The Parties further agree the Defendant ceased making payments to the Plaintiff
effective May 2013 after a history of making payments without issue since 2008.

There is no dispute there was a contact between the Parties and that the Defendant stopped
performing under the contract. The Plaintiff argues that as a result, the Defendant has breached
the Agreement and owes fees together with interest and related costs. The Defendant argues that
Arizona law permits them to unilaterally terminate the agreement under the circumstances.

The question before the Court is whether A.R.S. s33-1245 grants the Defendant the ability
to unilaterally terminate the contact under the circumstances presented. The Parties agree that
the contract issue is purely a legal issue that can be decided by the Court. The Defendant seeks
a ruling from the Court that the contact can be properly terminated and is otherwise
unenforceable because it is not bona fide and is unconscionable.

Pursuant to A.R.S. § 33-1245, an association may terminate the following contracts “if
entered into before the board of directors elected by the unit owners pursuant to A.R.S. § 33-
1243(G) takes office: (i) any management contract or employment contract; (ii) any other
contract or lease between the association and a declarant or an affiliate of a declarant; or (iii) any
contract or lease that is not bona fide or was unconscionable to the unit owner at the time entered
into under the circumstances then prevailing.” A.R.S. § 33-1243(G) provides that “not later than
the termination of any period of declarant control the unit owners shall elect a board of directors
of a least three members, at least a majority of whom must be unit owners.”

The Court is persuaded by the Plaintiff’s position that the provisions of A.R.S. § 33-1245
are inapplicable. The Agreement was never entered into between the Plaintiff and the
Defendant. It was entered into by Plaintiff and the owner of the property on which the
Defendant Association was later created. The Agreement set aside a portion of property which
could be enjoyed by all residents and consequently would be maintained by all. Prior to any
condominium purchase, individual members of the Defendant Association were on notice of the
Use Fee Agreement and accepted its benefits and requirements upon purchase of their property.
The Use Fee Agreement is a restrictive covenant designed to maintain common property
enjoyment. There has been nothing presented to the Court to show that it is unconscionable or

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

04/15/2014

Docket Code 926
Form V000A
Page 3

that it was not executed in good faith, without fraud or deceit. Everyone who is entitled to
enjoyment of the property is subject to the fee.

Therefore,

IT IS ORDERED granting the Plaintiff’s Motion for Summary Judgment, filed August 9,
2013 and denying the Defendant’s Cross-Motion for Summary Judgment, filed December 3,
2013.

IT IS FURTHER ORDERED Plaintiff’s shall lodge an order for the Court’s
consideration no later than May 12, 2014.

Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/08/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

05/07/2014

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
JUDGE PRO TEM COLLEEN L. FRENCH
M. Nielsen

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
TROY B STRATMAN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
JOSHUA M BOLEN

MINUTE ENTRY

The Court is in receipt of Defendant’s Motion for Reconsideration of This Court’s Order
of April 15, 2014, filed on May 5, 2014.

IT IS ORDERED denying Defendant’s Motion for Reconsideration of This Court’s
Order of April 15, 2014, filed on May 5, 2014.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/23/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

06/19/2014

Docket Code 049
Form V000A
Page 1

CLERK OF THE COURT
JUDGE PRO TEM COLLEEN L. FRENCH
T. Springston

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
TROY B STRATMAN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
JOSHUA M BOLEN

JUDGMENT SIGNED

IT IS ORDERED granting Judgment in favor of Plaintiff Desert Peak Homeowners
Association, all in accordance with the formal written Judgment electronically signed by the
Court on June 16, 2014, and filed (entered) by the Clerk on June 20, 2014.

FILED: Judgment

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/05/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

07/01/2016

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAWN M. BERGIN
L. Nelson

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
EMILY H MANN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
ALEXIS M FIREHAWK

RULING

The Court has reviewed the parties’ Stipulated Motion to Extend Deadlines filed on June
27, 2016. The Court entered the first Scheduling Order in this case on March 4, 2016. On May
16, 2016, the parties filed a stipulated motion to extend the pretrial deadlines by approximately
six weeks. The Court granted that motion and issued an Amended Scheduling Order on May 20,
2016. Now, only six weeks later, the parties have filed another stipulated motion to extend the
pretrial deadlines by four to five weeks. No reasons were provided for the requested extensions.

IT IS THEREFORE ORDERED denying the Stipulated Motion to Extend Deadlines
filed on June 27, 2016.

The Court also advises the parties that under no circumstances will it extend the deadline
for dispositive motions in light of the October 31, 2016 trial date.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/05/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-007758
09/03/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
M. Nielsen
Deputy
DESERT PEAK HOMEOWNERS
ASSOCIATION
TROY B STRATMAN
v.
PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
JOSHUA M BOLEN
MINUTE ENTRY
The Court is in receipt of Defendant’s Motion for Rule 56(f) Relief, filed August 30,
2013; Defendant’s Affidavit of Counsel in Support of Defendant’s Motion for Rule 56(f) Relief,
filed August 30, 2013.
IT IS ORDERED setting Telephonic Status Conference on September 12, 2013 at 9:00
a.m. (15 minutes)
THE HONORABLE MARIA DEL MAR VERDIN
MARICOPA COUNTY SUPERIOR COURT
OLD COURTHOUSE
125 WEST WASHINGTON
3RD FLOOR, COURTROOM 303
PHOENIX, AZ 85003
602-506-2603 TEL

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-007758
09/03/2013
Docket Code 028
Form V000A
Page 2
Plaintiff shall initiate the conference call.
NOTE: Counsel shall be available for the conference call on a telephone land line and
not on cellular phones, in order to maximize all participants’ ability to hear and be heard.
Note: Counsel shall have their calendars available for this proceeding.
The Plaintiff is directed to file a response to the Motion no later than September 11,
2013.
If a court reporter is required, the Court must receive a written request at least 48 hours
before the commencement of the proceeding. Failure to timely request a court reporter will be
deemed consent to proceed without a court reporter.
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 ***
09/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-007758
09/12/2013
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
M. Nielsen
Deputy
DESERT PEAK HOMEOWNERS
ASSOCIATION
TROY B STRATMAN
v.
PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
JOSHUA M BOLEN
MINUTE ENTRY
OCH – Courtroom 303
9:01 a.m. This is the time set for a telephonic status conference in regards to Defendant’s
Motion for Rule 56(f) Relief, filed August 30, 2013. Plaintiff is represented by counsel, Troy B.
Stratman. Defendant is represented by counsel, Alexis Firehawk.
Court Reporter, Hilda Lopez, is present.
Discussion is held regarding status of the case.
IT IS ORDERED Plaintiff shall file response to Defendant’s Motion for Rule 56(f)
Relief, no later than 5:00 p.m. on October 8, 2013.
IT IS FURTHER ORDERED Defendant shall file reply no later than 5:00 p.m. on
October 22, 2013.
The Court will review and may schedule an oral argument if indicated.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-007758
09/12/2013
Docket Code 029
Form V000A
Page 2
9:10 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 ***
09/18/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-007758
09/17/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
M. Nielsen
Deputy
DESERT PEAK HOMEOWNERS
ASSOCIATION
TROY B STRATMAN
v.
PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
JOSHUA M BOLEN
MINUTE ENTRY
A clerical error having been made,
IT IS ORDERED correcting the minute entry dated September 12, 2013,
to indicate Defendant shall file response to Plaintiff’s Motion for Summary Judgment filed,
August 19, 2013, no later than 5:00 p.m. on October 8, 2013, in place and instead of Plaintiff
shall file response to Defendant’s Motion for Rule 56(f).
IT IS FURTHER ORDERED Plaintiff shall file reply no later than 5:00 p.m. on
October 22, 2013, in place and instead of Defendant shall reply no later than 5:00 p.m. on
October 22, 2013.
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 ***

10/13/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

10/07/2016

Docket Code 027
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAWN M. BERGIN
L. Nelson

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
EMILY H MANN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
ALEXIS M FIREHAWK

MINUTE ENTRY

Courtroom ECB-713:

3:00 p.m. This is the time set for Trial Management Conference. Plaintiff, Desert Peak
Homeowners Association, is represented by counsel, Emily H. Mann and Troy B. Stratman.
Defendant, The Pinnacle at Desert Peak Condominium Association, is represented by counsel,
Alexis G. Firehawk and Joshua M. Bolen.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding the impact of the Arizona Court of Appeals’ Decision dated
December 8, 2015 on this case.

Argument is heard on (1) Defendant’s Motion in Limine Precluded Damages filed
September 6, 2016; and (2) Plaintiff Desert Peak Homeowners Association’s Motion in Limine
filed September 7, 2016.

For the reasons set forth on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

10/07/2016

Docket Code 027
Form V000A
Page 2

IT IS ORDERED denying Defendant’s Motion in Limine Re: Precluded Damages,
which seeks to preclude Plaintiff from asserting any damages claims other than 34.8% of the cost
of actual use of the common areas.

IT IS FURTHER ORDERED granting Plaintiff Desert Peak Homeowners
Association’s Motion in Limine precluding the testimony of defense expert Charles Maxwell.

IT IS FURTHER ORDERED denying the request for reimbursement of expert
expenses that Defendant may have incurred in connection with Plaintiff Desert Peak
Homeowners Association’s Motion in Limine.

IT IS FURTHER ORDERED counsel shall have until 5:00 p.m. on October 24, 2016,
to submit Trial Briefs. Each pleading shall not exceed 10 pages in length.

Argument is heard regarding the “offset claim” which Defendant would like to claim as a
defense, and which Plaintiff’s counsel believes may pose a potential conflict, due to the fact that
Defendant’s firm historically represented Plaintiff in 2009 and 2010. Counsel shall contact the
Arizona Bar Ethics Committee regarding the potential conflict and file a Notice apprising this
Court of their findings.

3:38 p.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/03/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

11/02/2016

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAWN M. BERGIN
L. Nelson

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
EMILY H MANN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
ALEXIS M FIREHAWK

STATUS CONFERENCE SET

The Court having received the parties’ Stipulated Motion to Continue Trial Scheduled
for October 31, 2016 filed on October 19, 2016, and the parties’ Stipulated Motion to Extend
Deadline for Trial Briefs filed October 21, 2016,

IT IS ORDERED setting a Telephonic Status Conference on November 7, 2016 at
9:30 a.m. (15 minutes) to discuss the aforementioned Motions.

THE HONORABLE DAWN BERGIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W JEFFERSON
7TH FLOOR, COURTROOM 713
PHOENIX, AZ 85003
602-372-2961 TEL

Plaintiff shall initiate the conference call.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

11/02/2016

Docket Code 028
Form V000A
Page 2

NOTE: Counsel shall be available for the conference call on a telephone land line and
not on cellular phones, in order to maximize all participants’ ability to hear and be heard.

Note: Counsel shall have their calendars available for this proceeding.

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.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/09/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

11/07/2016

Docket Code 064
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAWN M. BERGIN
L. Nelson

Deputy

DESERT PEAK HOMEOWNERS
ASSOCIATION
EMILY H MANN

v.

PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
ALEXIS M FIREHAWK

BENCH TRIAL RESET

Courtroom ECB-713:

9:33 a.m. This is the time set for Status Conference. Plaintiff, Desert Peak Homeowners
Association, is telephonically represented by counsel, Troy B. Stratman. Defendant, Pinnacle at
The Desert Peak Condominium Association, is telephonically represented by counsel, Alexis
M.Firehawk and Joshua M. Bolen.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding case status and future scheduling including the parties’
Stipulated Motion to Continue Trial Scheduled for October 31, 2016 and the parties’ Stipulated
Motion to Extend Deadline for Trial Briefs.

IT IS ORDERED granting the parties’ Stipulated Motion to Continue the Trial date.

THEREFORE IT IS ORDERED vacating the 1-day Bench Trial scheduled on October
31, 2016 and resetting same on January 17, 2017 at 9:30 a.m. before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

11/07/2016

Docket Code 064
Form V000A
Page 2

THE HONORABLE DAWN BERGIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W JEFFERSON
7TH FLOOR, COURTROOM 713
PHOENIX, AZ 85003
602-372-2961

IT IS FURTHER ORDERED granting the parties’ Stipulated Motion to Extend
Deadline for Trial Briefs. Counsel shall file their Trial Briefs with the Court no later than 5:00
p.m. on January 9, 2017.

PROCEDURES FOR SUBMITTING EXHIBITS TO BE MARKED

Exhibits are due to the clerk no later than 5:00 p.m. on January 9, 2017. The parties
shall contact the division clerk at 602-506-1485 at least two weeks prior to trial to make
arrangements for delivering exhibits.

Counsel shall submit two sets of their exhibits, one for marking and one for the
bench. The bench copy shall be submitted in a binder(s) with number tab dividers.

Depositions will NOT be marked as exhibits. If you plan to read from a deposition
or use the deposition for impeachment purposes, you will need to supply an ORIGINAL to
the courtroom clerk for filing. Copies will not be filed with the clerk.

 A list with a generic description of each exhibit should be provided. The list should
contain the case number, the caption, scheduled trial date and the party submitting the
exhibits.

 Exhibits will be marked numerically and consecutively. If your list refers to an
exhibit and it is not provided at the time of marking, the numbers of all following
exhibits will be moved up. In addition, if duplicate exhibits are submitted, the clerk
will remove the duplicate and the numbering will be adjusted accordingly. To avoid
confusion during trial, it is essential that counsel avoid submitting duplicate exhibits.
The clerk cannot reserve numbers for exhibits that will be provided at a later date.
Exhibits will be marked as they are received. If Defendant’s exhibits are received
prior to Plaintiff’s exhibits, the Clerk may mark them first with Plaintiff’s exhibits
following.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-007758

11/07/2016

Docket Code 064
Form V000A
Page 3

 Each exhibit shall be stapled. If an exhibit is too large to be stapled, that exhibit shall
be securely fastened in order to prevent page separation during witness/jury
review. (Note: Black binder clips are NOT considered securely fastened. I
suggest you use the silver two-prong fasteners).

 Exhibits should be separated by a colored sheet of paper or a tabbed divider sheet.
The colored sheet or tabbed divider shall reflect the number of the exhibit and should
be placed on top of the exhibit.

 Counsel are strongly discouraged from marking exhibits they do not anticipate using
during trial. Counsel shall only submit those exhibits to the Clerk they know will
actually be used during trial. If counsel wish a document to be used during the course
of trial, that document can be marked as an exhibit at that time.

 Blow-ups and large items may only be used for demonstrative purposes. You may
bring them to court to use during trial; however, if you would like them to be marked
as an exhibit, please submit an 8 ½ x 11 photo of the item.

9:38 a.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/12/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-007758
12/10/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
M. Nielsen
Deputy
DESERT PEAK HOMEOWNERS
ASSOCIATION
TROY B STRATMAN
v.
PINNACLE AT DESERT PEAK
CONDOMINIUM ASSOCIATION, THE
JOSHUA M BOLEN
MINUTE ENTRY
The Court having received Plaintiff’s Separate Statement of Facts in Support of Motion
for Summary Judgment, filed August 19, 2013; Plaintiff’s Motion for Summary Judgment, filed
August 19, 2013; Defendant’s Response to Plaintiff’s Separate Statement of Facts in Support of
Motion for Summary Judgment and Defendant’s Controverting Statement of Facts, filed October
8, 2013; Defendant’s Response to Plaintiff’s Motion for Summary Judgment and Defendant’s
Cross Motion for Summary Judgment, filed October 8, 2013; Plaintiff’s Controverting Statement
of Facts, filed November 15, 2013; Plaintiff’s Reply in Support of Motion for Summary
Judgment and Response to Defendant’s Cross-Motion for Summary Judgment, filed November
15, 2013; and Defendant’s Reply in Support of Defendant’s Cross Motion for Summary
Judgment, filed December 3, 2013.
IT IS ORDERED setting Oral Argument on Plaintiff’s Motion for Summary Judgment,
filed August 19, 2013 and Defendant’s Cross Motion for Summary Judgment, filed December 3,
2013 on February 21, 2014 at 10:00 a.m. in this division.
Oral argument shall be limited to thirty (30) minutes with the time divided equally
between the parties. Counsel and the parties, if representing themselves, are to appear in person
before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-007758
12/10/2013
Docket Code 094
Form V000A
Page 2
THE HONORABLE MARIA DEL MAR VERDIN
MARICOPA COUNTY SUPERIOR COURT
OLD COURTHOUSE
125 WEST WASHINGTON
3RD FLOOR, COURTROOM 303
PHOENIX, AZ 85003
602-506-2603 TEL
If a court reporter is required, the Court must receive a written request at least 48 hours
before the commencement of the proceeding. Failure to timely request a court reporter will be
deemed consent to proceed without a court reporter.
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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