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Maricopa County Superior Court Case CV2014-053595: public docket details, parties, minute entries, documents, and official source links for Terravita Community Association Inc.

Case Number

CV2014-053595

County

Maricopa

Caption

Not captured

Filed

6/17/2014

Case Type

Civil

Judge

Ponce, Adele

Location

Downtown

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/09/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

01/08/2015

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

RALPH BIANCO, et al.
J ROGER WOOD

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

ORAL ARGUMENT SET

The Court has reviewed the materials filed in support of and in opposition to Defendants
Terravita Country Club’s Partial Motion to Dismiss filed September 22, 2014.

IT IS ORDERED setting Oral Argument on the above-noted Motion for January 27,
2015 at 10:00 a.m. (1 hour allotted). Counsel and any unrepresented parties shall appear in
person for this hearing before:

THE HONORABLE JUDGE THOMAS LECLAIRE
SUPERIOR COURT OF ARIZONA
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH STREET
COURTROOM 112
PHOENIX, ARIZONA 85032
(602) 372-3849

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/30/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

01/27/2015

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

RALPH BIANCO, et al.
J ROGER WOOD

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

MINUTE ENTRY

Courtroom 112-NE

10:00 a.m. This is the time set for Oral Argument regarding Defendant Terravita Country
Club’s Partial Motion to Dismiss. Present on behalf of Plaintiffs is counsel, J Roger Wood.
Present on behalf of Defendant Terravita Country Club Inc. is counsel, Joshua M. Bolen.

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

Arguments are presented to the Court.

IT IS ORDERED taking Defendant Terravita Country Club’s Partial Motion to Dismiss
Counts, II, III, V and VI under advisement.

11:03 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/02/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

02/25/2016

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

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 April 22, 2016. 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.

IT IS FURTHER ORDERED vacating the Pretrial Status Conference previously set for
March 30, 2016 at 9:00 a.m.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/06/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

03/05/2015

Docket Code 073
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

RALPH BIANCO, et al.
J ROGER WOOD

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK

ORDER SIGNED

IT IS ORDERED granting Plaintiffs’ Voluntary Withdrawal of Second Amended
Complaint, filed February 27, 2015, all in accordance with the formal written Order of Voluntary
Withdrawal of Second Amended Complaint signed by the Court on March 2, 2015, and filed
(entered) by the Clerk on March 5, 2015.

Please note: The Court has signed a hard-copy version of the order. After the order has
been scanned and docketed by the Clerk of Court, copies of this order may be available through
ECR Online at clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public
Access Terminals at the Clerk of Court’s offices located throughout Maricopa County.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/30/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

03/27/2015

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

RALPH BIANCO, et al.
J ROGER WOOD

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

UNDER ADVISEMENT RULING

This matter comes before the Court on Defendants’ Partial Motion to Dismiss Counts II,
IV, V, and VI. The Court has reviewed the filings, considered the arguments of counsel, and the
applicable law.

For the reasons set forth on the record on January 27, 2015 at the Oral Argument,
Defendants’ Motion and Reply, the legal reasoning of which the Court adopts, and for the
reasons set forth herein, the Motion is GRANTED.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

03/27/2015

Docket Code 926
Form V000A
Page 2

The Court notes further that the Complaint is largely premature. Even if Plaintiffs had
the authority to challenge the determinations of Terravita Country Club, Inc. (“TCC”), the TCC
has taken no permanent action in the contested matter. It has not implemented any changes to
the courts at the County Club. It has only appointed an ad hoc group to study whether “Pickle
Ball” courts ought to be incorporated with the existing multi-use courts (tennis, basketball). As
noted at the hearing, the Court does not sit as an overseer of the activities of private entities. To
do so would invite the Court to adjudicate endless minor matters to which some members of the
Country Club may or may not agree. Such examples include selection of paint colors, shrub
removal or planting, changes in furniture, adding or removing drapery or other window
coverings. The Court is not required and is unwilling to serve in that role.

Further, since there has been no permanent action taken by the TCC, even if the Court
were inclined to become involved, there is nothing to adjudicate. The issue of whether to adapt
the present multi-use courts to include pickle ball is merely in discussion. The Court fails to find
that matters at the discussion phase are actionable.

Therefore,

IT IS ORDERED that Defendants Partial Motion to Dismiss Counts II, IV, V, and VI
of the Verified First Amended Complaint is GRANTED.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/22/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

04/21/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

RALPH BIANCO, et al.
J ROGER WOOD

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

MINUTE ENTRY

The Court has received an enveloped that was postmarked April 11, 2015, from
American Title Insurance Company.

IT IS ORDERED rejecting the above mentioned as it is an ex parte communication.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/30/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

04/29/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

RALPH BIANCO, et al.
J ROGER WOOD

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

MINUTE ENTRY

The Court has received materials in support and opposition to Plaintiffs’ Motion for
Leave of Court to Amend filed March 10, 2015.

The Court will hold its ruling on the Motion to Amend pending decision of the Court on
the Motion for Summary Judgment.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/04/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

05/01/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

RALPH BIANCO, et al.
J ROGER WOOD

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

MINUTE ENTRY

The Court has received an envelope containing a CD-R and photos from an anonymous
sender.

IT IS ORDERED rejecting the ex parte communication and the items will be disposed of.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/02/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

06/30/2015

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
T. Pavia

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

ORAL ARGUMENT SET

The Court has reviewed the materials filed in support of and in opposition to Plaintiff’s
Motion for Additional Time; Defendant Terravita Community Association’s Motion for
Summary Disposition; Defendant Terravita Community Association’s Motion for Summary
Judgment and Plaintiff’s Motion to Strike.

IT IS ORDERED setting Oral Argument on the above-noted Motion(s) for July 31, 2015
at 10:00 a.m. (1 hour allotted). Counsel and any unrepresented parties shall appear in person
for this hearing before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

06/30/2015

Docket Code 094
Form V000A
Page 2

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

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/15/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

07/14/2014

Docket Code 079
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
K. Hartley

Deputy

RALPH BIANCO, et al.
J ROGER WOOD

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

DOCKET-CIVIL-CCC

PARTIAL CASE DISMISSAL
ORDER SIGNED

IT IS ORDERED granting Plaintiffs’ Rule 41 Voluntary Dismissal of Defendants
Leyshock, Deardorff, Waxman, Prettyman, Gargano, Perlmutter and Summer With Prejudice
July 8, 2014, all in accordance with the formal written Order signed by the Court on July 10,
2014, and filed (entered) by the Clerk on July 14, 2014.

Please note: The Court has signed a hard-copy version of the order. After the order has
been scanned and docketed by the Clerk of Court, copies of this order may be available through
ECR Online at clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public
Access Terminals at the Clerk of Court’s offices located throughout Maricopa County.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/04/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

07/31/2015

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK

MATTER UNDER ADVISEMENT

Courtroom 112-NE

10:13 a.m. This is the time set for Oral Argument regarding Plaintiff’s Motion for
Additional Time to Supplement Response to Defendant TCA’s Motion for Summary Judgment;
Defendant Terravita Community Association’s Motion for Summary Disposition; Defendant
Terravita Community Association’s Motion for Summary Judgment and Plaintiffs’ Motion to
Strike Defendants’ Answer to Plaintiffs’ Verified Complaint. Present on behalf of Plaintiffs
Ralph Bianco, Wayne Holsinger and Gary Nelson are counsel, Erin Selene Iungerich and Roger
Wood. Present on behalf of Terravita Country Club, Inc. is counsel, Joshua M. Bolen. Present
on behalf of Defendant Terravita Community Association, Inc. is counsel, Curtis S. Ekmark.

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

Arguments are present to the Court.

The parties did not argue the Plaintiffs’ Motion to Strike Defendants’ Answer to
Plaintiffs’ Verified Complaint during today’s Oral Argument. The Court will review the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

07/31/2015

Docket Code 020
Form V000A
Page 2

pleadings and determine whether an oral argument would be necessary or if a ruling can be made
on the pleadings.

IT IS ORDERED taking the above matters under advisement.

10:59 a.m. Matters conclude.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/04/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

08/03/2015

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK

UNDER ADVISEMENT RULING

This matter was taken under advisement after oral argument on July 31, 2015. The Court
has considered Defendant Terravita Community Association, Inc.’s Motion for Summary
Judgment, the filings of the parties, oral argument, and the authorities cited.

Summary judgment is appropriate if, after reviewing the facts in the light most favorable
to the non-moving party (the Plaintiff here), no genuine issues of material fact remain. See, e.g.,
Joseph v. Markovitz, 27 Ariz. App. 122, 551 P.2d 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.” See, e.g., Southwest Pet Products, Inc. v. Koch Ind., 273 F.Supp. 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. See,
e.g., Executive Towers v. Leonard, 7 Ariz. App. 331, 439 P.2d 303 (1968).

The Court finds genuine issues of material fact exist that preclude the Court from
granting the Motion for Summary Judgment. Specifically, the question of whether Tract G is a
common area in Terravita Country Club, whether the plaintiffs’ have use rights over that area. If
the plaintiffs’ have voting rights over changes in Tract G, then there is a legitimate question as to

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

08/03/2015

Docket Code 926
Form V000A
Page 2

whether Terravita Community Association has an obligation to enforce the covenants, conditions
or restrictions affecting their property rights.

Therefore,

IT IS ORDERED that Defendant Terravita Community Association, Inc.’s Motion for
Summary Judgment is DENIED.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/12/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

08/11/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
J ROGER WOOD

MINUTE ENTRY

The Court has received and reviewed Plaintiffs’ Motion to Strike Defendants’ Answers to
Plaintiffs’ Verified Complaint filed May 11, 2015, Defendants’ Response and Plaintiffs’ Reply.

IT IS ORDERED denying Plaintiffs’ Motion to Strike Defendants’ Answers to Plaintiffs’
Verified Complaint.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/20/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

10/19/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

MINUTE ENTRY

The Court has reviewed Plaintiff's Joint Scheduling Report and Defendants Objection.

IT IS ORDERED that the parties submit a report that is legitimately Joint no later than
October 30, 2015. If the parties are unable to agree, then they may file separate reports but must
indicate the attempts made to effectuate a joint report as contemplated under the Arizona Rules
of Civil Procedure.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

10/19/2015

Docket Code 023
Form V000A
Page 2

** PLEASE NOTE ALL PROPOSED SCHEDULING ORDERS ARE TO BE SUBMITTED IN
WORD FORMAT. IF THE PROPOSED ORDERS ARE NOT SUBMITTED IN WORD
FORMAT, THE SCHEDULING ORDER WILL BE REJECTED.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/30/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

10/29/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

MINUTE ENTRY

The Court has reviewed Plaintiff's Motion for Reconsideration of Under Advisement
Ruling filed on September 4, 2015. Pursuant to Rule 7.1, Defendants may file a response on or
before November 9, 2015.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/13/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

11/12/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

MINUTE ENTRY

The Court has received Plaintiff’s Motion for Reconsideration of Under Advisement
Ruling and Defendants’ Response.

IT IS ORDERED denying Plaintiff’s Motion for Reconsideration.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/18/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

11/17/2015

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

SCHEDULING CONFERENCE SET

The Court is in receipt of Defendant’s Scheduling Report.

On the Court’s own motion,

IT IS ORDERED setting this matter for a Scheduling Conference on December 7, 2015
at 9:30 a.m. (time allotted: 30 minutes) in this division before:

JUDGE SUSAN BRNOVICH
SUPERIOR COURT OF ARIZONA
NORTHEAST REGIONAL COURT CENTER
18380 NORTH 40TH STREET
COURTROOM 112
PHOENIX, ARIZONA 85032

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/09/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

12/07/2015

Docket Code 027
Form J000
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
L. Carlson

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

SCHEDULING CONFERENCE

Courtroom 112-NE

9:31 a.m. This is the time set for Scheduling Conference. Counsel Erin Iungerich is
present on behalf of Plaintiffs. Counsel Joshua Bolen is present on behalf of Defendant Terravita
Country Club, Inc. Counsel Curtis Ekmark is present on behalf of Defendant Terravita
Community Association, Inc.

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

Statements are presented by counsel.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

12/07/2015

Docket Code 027
Form J000
Page 2

There being no objection,

IT IS ORDERED approving and settling the formal written “Defendants’ Scheduling
Order” signed by the Court on December 7, 2015, and filed (entered) by the clerk on December
7, 2015.

9:34 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/17/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

12/16/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE THOMAS L. LECLAIRE
M. MINKOW

Deputy

RALPH BIANCO, et al.
J ROGER WOOD

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266
WILLIAM BROWN
6751 E AMBER SUN DR
SCOTTSDALE AZ 85266

MINUTE ENTRY

The Court is in receipt of correspondence from William Brown.

The Court cannot consider correspondence submitted by a non-party to an action and the
letter is rejected.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/23/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

12/21/2015

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

MINUTE ENTRY

On the Court’s own motion,

IT IS ORDERED setting a Telephonic Pretrial Status/Scheduling Conference on March
30, 2016 at 9:00 a.m. 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 2014-053595

12/21/2015

Docket Code 028
Form V000A
Page 2

Please note: If either party fail to appear for the hearing scheduled above, this matter
could be dismissed.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/23/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

12/22/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley

Deputy

RALPH BIANCO, et al.
ERIN SELENE IUNGERICH

v.

TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN

CURTIS S EKMARK
SALLY FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
DON FOSTER
6572 E SLEEPY OWL WAY
SCOTTSDALE AZ 85266
JOHN WALKER
6724 E SOARING EAGLE WAY
SCOTTSDALE AZ 85266

MINUTE ENTRY

The Court has received Plaintiffs’ Request for Ruling on Motion for Leave of Court to
Amend filed March 10, 2015. The Court thanks the parties for bringing it to the Court’s
attention that the pervious judge did not rule on the Motion prior to leaving the bench.

The Court has read Plaintiffs’ Motion for Leave of Court to Amend, Defendant Terravita
Community Associations, Inc.’s Opposition to Plaintiffs’ Motion for Leave to Amend, and
Plaintiffs’ Response to Defendants’ Opposition to Plaintiffs’ Motion for Leave to Amend.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-053595

12/22/2015

Docket Code 023
Form V000A
Page 2

IT IS ORDERED granting Plaintiffs’ Motion for Leave of Court to Amend. Plaintiff
shall file the amended complaint no later than December 30, 2015.

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