08/25/2016 — CV2015006710 ESTATES HOMEOWNERS ASSOCIATION, ROVEY FARM 08/25/2016 HON. DANIEL G. MARTIN View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/29/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-006710
08/25/2016
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HON. DANIEL G. MARTIN
T. DeRaddo
Deputy
ROVEY FARM ESTATES HOMEOWNERS
ASSOCIATION
CHANDLER W TRAVIS
v.
ORLANDO A GUTIERREZ
MARK BAINBRIDGE
DISMISSAL CALENDAR
The Court is advised this case has been settled.
IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal on October
24, 2016 without further notice unless prior to said date Judgment is entered or filed or a
Stipulation for Dismissal is presented.
IT IS FURTHER ORDERED vacating any previous order placing/continuing this matter
on the inactive/dismissal calendar.
IT IS FURTHER ORDERED any pending motions are hereby deemed moot.
IT IS FURTHER ORDERED vacating the trial setting conference set on January 9, 2017
at 8:45 a.m. in this division.
10/21/2016 — CV2015006710 ESTATES HOMEOWNERS ASSOCIATION, ROVEY FARM 10/21/2016 HON. DANIEL G. MARTIN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-006710
10/21/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. DANIEL G. MARTIN
J. Eaton
Deputy
ROVEY FARM ESTATES HOMEOWNERS
ASSOCIATION
CHANDLER W TRAVIS
v.
ORLANDO A GUTIERREZ
MARK BAINBRIDGE
MINUTE ENTRY
Pending before the Court are the parties’ respective applications for attorney’s fees and
costs. The parties were able to resolve the underlying lawsuit, but were not able to agree as to
which party (if any) is entitled to an award of fees and costs. Accordingly, the parties entered a
stipulation for the submission of that issue to the Court. Having now considered all of the
matters presented,
The Court finds that Plaintiff is the prevailing party. At its core, this matter arose from
Defendant’s decision to construct a batting cage on his property without having first obtained
permission from Plaintiff as he was required to do under the applicable Declaration of
Covenants, Conditions and Restrictions. Defendant’s actions were the primary contributor to the
filing of the lawsuit, and through that litigation Plaintiff successfully enforced the Declaration.
Accordingly, Plaintiff is entitled to an award of fees and costs.
As to the amount of fees and costs,
IT IS ORDERED awarding Plaintiff fees in the amount of $7,425.00 and costs in the
amount of $429.00.
IT IS FURTHER ORDERED that Plaintiff shall submit a proposed Judgment not later
than thirty (30) days from the filing date of this Order.
