07/07/2016 — CV2016094529 L L C, KWANG CO 07/07/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/20/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
07/07/2016
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
L. Popovic
Deputy
FOOTHILLS CLUB WEST COMMUNITY
ASSOCIATION
PENNY L KOEPKE
v.
KWANG CO L L C, et al.
CATHERINE MARIE PEARSON
RETURN HEARING
EVIDENTIARY HEARING SET
Courtroom 206 SEF
10:13 a.m. This is the time set for Return Hearing regarding Plaintiff’s Order to Show
Cause filed on June 27, 2016. Counsel Penny L. Koepke is present on behalf of Plaintiff.
Counsel Catherine Marie Pearson and Dominica J. Minore are present on behalf of Defendants,
who are not present. Counsel Ellen B. Davis is present as a potential intervenor on behalf of the
homeowners, who are present.
A record of the proceeding is made digitally in lieu of a court reporter.
Discussion is held regarding the status of the case.
IT IS ORDERED setting Evidentiary Hearing regarding Preliminary Injunction on
August 30, 2016, at 9:30 a.m. (one day allotted) before:
The Honorable Robert H. Oberbillig
Maricopa County Superior Court
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
07/07/2016
Docket Code 056
Form V000A
Page 2
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.2194
IT IS FURTHER ORDERED that all parties shall hand-deliver to the clerk of this
division by 12:00 p.m. on August 23, 2016, all exhibits to be used at the hearing. All hearing
exhibits shall have been exchanged prior to that time. Exhibits shall be accompanied with a
numbered list of each exhibit. Exhibits of fewer than 100 total shall be provided in a three-ring
binder, with each exhibit separated with a numeric tab. Exhibits of 101 or more either shall be
stapled or hole-punched, bound with an Acco clip, and separated with a blank sheet of colored
paper with the corresponding exhibit number thereon and provided in a banker’s box. No
duplicate exhibits shall be presented for marking. Exhibits are marked in numerical order per
party, making it necessary to mark all of one party’s exhibits before marking the other party’s.
Accordingly, Defendant’s exhibit numbering shall start at the next number following the last of
Plaintiff’s exhibits. For example, Plaintiff submits 10 exhibits, which are marked as exhibits 1
through 10, and Defendant submits 10 exhibits, which are marked as exhibits 11 through 20.
Exhibits must be stapled or bound prior to delivery to the clerk. A bench copy of all exhibits
must be provided, preferably in a three-ring notebook, with each exhibit separated with a
numeric tab. Please contact the clerk with any questions regarding procedures for marking and
submitting exhibits.
The parties/attorneys are advised that the failure to appear for the hearing may
result in sanctions, including dismissal of the action per Rule 16(F) of the Arizona Rules of
Civil Procedure.
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.
THIS IS A FIRM SETTING. A MOTION TO CONTINUE BASED ON LACK OF
PREPARATION WILL NOT BE GRANTED.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
07/07/2016
Docket Code 056
Form V000A
Page 3
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event
the party also should e-mail the pleading to this Court’s judicial assistant at
[email protected]. and to [email protected].
COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.
10:25 a.m. Matter concludes.
08/10/2016 — CV2016094529 L L C, KWANG CO 08/10/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/11/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
08/10/2016
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
FOOTHILLS CLUB WEST COMMUNITY
ASSOCIATION
PENNY L KOEPKE
v.
KWANG CO L L C, et al.
CATHERINE MARIE PEARSON
ORAL ARGUMENT SET
The Court has read Defendants’ Motion to Vacate the August 30, 2016 Preliminary
Injunction Hearing electronically filed on August 9, 2016.
Good cause appearing,
IT IS ORDERED setting telephonic Oral Argument on August 18, 2016, at 10:00
a.m. (30 minutes allotted) in this division.
Oral argument shall be limited to 30 minutes, with the time divided equally between the
parties. Counsel and the parties, if representing themselves, are to appear telephonically
before:
The Honorable Robert H. Oberbillig
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.2194
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
08/10/2016
Docket Code 094
Form V000A
Page 2
IT IS FURTHER ORDERED Defendants’ counsel shall initiate the telephonic
conference by first arranging the presence of all other counsel or self-represented parties on the
conference call and then calling this division (602.506.2194) promptly at the scheduled time. All
parties appearing telephonically must be joined in a single conference call and be prepared to
hold until called upon.
The call should be placed in an area with no background noise and not in a moving
vehicle. Failure to do so may prevent the parties from hearing the proceedings in the courtroom
and/or may prevent the Court from hearing the parties. State your name so there may be a clear
record as to which party is speaking.
The parties/attorneys are advised that failure to appear telephonically for the
hearing may result in sanctions, including dismissal of the action per Rule 16(F), Arizona
Rules of Civil Procedure.
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.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event
the
party
also
should
email
same
to
the
Court’s
judicial
assistant
at
[email protected]
and
to
the
Court’s
bailiff
at
[email protected].
COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.
08/18/2016 — CV2016094529 L L C, KWANG CO 08/18/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/22/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
08/18/2016
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
FOOTHILLS CLUB WEST COMMUNITY
ASSOCIATION
PENNY L KOEPKE
v.
KWANG CO L L C, et al.
CATHERINE MARIE PEARSON
ORAL ARGUMENT
Courtroom 206 SEF
10:00 a.m. This is the time set for telephonic oral argument regarding Defendants’
Motion to Vacate the August 30, 2016 Preliminary Injunction Hearing electronically filed on
August 9, 2016, Foothills Club West Community Association’s Response to Defendants’ Motion
to Vacate the August 30, 2016 Preliminary Injunction Hearing electronically filed on August 15,
2016, and Reply in Support of Defendants’ Motion to Vacate August 30, 2016 Hearing
electronically filed on August 17, 2016. Plaintiff is represented telephonically by counsel Penny
L. Koepke. Defendants are represented telephonically by counsel Catherine Marie Pearson.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held.
IT IS ORDERED denying Defendants’ Motion to Vacate the August 30, 2016
Preliminary Injunction Hearing.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
08/18/2016
Docket Code 005
Form V000A
Page 2
IT IS FURTHER ORDERED affirming Evidentiary Hearing regarding Plaintiff’s
request for Preliminary Injunction on August 30, 2016, at 9:30 a.m. (one day allotted).
Further discussion is held.
10:16 a.m. Hearing concludes.
08/25/2016 — CV2016094529 L L C, KWANG CO 08/25/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
08/25/2016
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
FOOTHILLS CLUB WEST COMMUNITY
ASSOCIATION
PENNY L KOEPKE
v.
KWANG CO L L C, et al.
CATHERINE MARIE PEARSON
HEARING SET
Courtroom 206 SEF
9:48 a.m. This is the time set for hearing regarding Plaintiff’s Application for a
Temporary Restraining Order Pending Preliminary Injunction Hearing. Plaintiff is represented
by counsel Penny L. Koepke and Austin Baillio. Defendants are represented by counsel
Catherine Marie Pearson.
A record of the proceedings is made digitally in lieu of a court reporter.
Defendants’ counsel addresses the Court.
Plaintiff’s counsel addresses the Court.
Discussion is held.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
08/25/2016
Docket Code 056
Form V000A
Page 2
IT IS ORDERED setting this matter for hearing on August 26, 2016, at 10:30 a.m. (30
minutes allotted) regarding Plaintiff’s Application for a Temporary Restraining Order Pending
Preliminary Injunction Hearing. The hearing is set before:
The Honorable Robert H. Oberbillig
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.2194
All court proceedings are recorded digitally 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.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
that party should also email the pleading to the Court’s judicial assistant at
[email protected]
and
to
the
Court’s
bailiff
at
[email protected].
COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.
9:56 a.m. Hearing concludes.
08/26/2016 — CV2016094529 L L C, KWANG CO 08/26/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/31/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
08/26/2016
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
FOOTHILLS CLUB WEST COMMUNITY
ASSOCIATION
PENNY L KOEPKE
v.
KWANG CO L L C, et al.
CATHERINE MARIE PEARSON
HEARING VACATED
Courtroom 206 SEF
10:29 a.m. This is the time set for hearing regarding Plaintiff’s Application for a
Temporary Restraining Order Pending Preliminary Injunction Hearing electronically filed on
August 25, 2016. Plaintiff is represented by counsel Penny L. Koepke. Defendants are
represented by counsel Catherine Marie Pearson.
A record of the proceedings is made digitally in lieu of a court reporter.
Plaintiff’s counsel provides an update to the Court.
Plaintiff’s counsel has confirmed that there is an agreement between Defendants and the
City of Phoenix regarding payment of the water bill/outstanding balance.
Defendants’ counsel addresses the Court.
Based upon the information presented, Plaintiff’s Application for a Temporary
Restraining Order Pending Preliminary Injunction Hearing and Plaintiff Foothills Club West’s
Application for a Preliminary Injunction are withdrawn.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
08/26/2016
Docket Code 002
Form V000A
Page 2
IT IS ORDERED vacating this hearing today.
IT IS FURTHER ORDERED vacating the Evidentiary Hearing set for August 30,
2016, at 9:30 a.m.
10:32 a.m. Hearing concludes.
10/17/2017 — CV2016094529 L L C, KWANG CO 10/17/2017 HONORABLE JOSHUA D. ROGERS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/19/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
10/17/2017
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSHUA D. ROGERS
I. Ostrander
Deputy
FOOTHILLS CLUB WEST COMMUNITY
ASSOCIATION
PENNY L KOEPKE
v.
KWANG CO L L C, et al.
CATHERINE MARIE PEARSON
WILLIAM L RUBIN
STATUS/SCHEDULING CONFERENCE
Courtroom 206 SEF
9:06 a.m. This is the time set for telephonic Status/Scheduling Conference to set trial.
Plaintiff Foothills Club West Community Association is represented telephonically by counsel
Austin Baillio. Defendant Kwang Co., LLC, Hiro Investment, LLC, Nectar Investment, LLC,
and Ahwatukee Golf Properties are represented telephonically by counsel Catherine Marie
Pearson. Counterdefendant Foothills Club West Community Association is represented
telephonically by counsel William L. Rubin.
A record of the proceedings is made digitally in lieu of a court reporter.
Counsel for Plaintiff provides an update to the Court.
LET THE RECORD REFLECT a sale is pending on the subject property; therefore,
the parties are not prepared to set this matter for trial at this time.
Discussion is held.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
10/17/2017
Docket Code 028
Form V000A
Page 2
IT IS ORDERED setting this matter for a telephonic Status/Scheduling Conference on
December 12, 2017, at 8:30 a.m. (15 minutes allotted) for the purpose of selecting a trial date
if the matter has not settled. Counsel shall have their trial calendars available. The telephonic
Status Conference is set before:
THE HONORABLE JOSHUA D. ROGERS
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.1603
IT IS FURTHER ORDERED Plaintiff’s counsel shall initiate the telephonic conference
by first arranging the presence of all other counsel or self-represented parties on the conference
call and then calling this division (602.506.1603) promptly at the scheduled time. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called upon.
The call should be placed in an area with no background noise and not in a moving
vehicle. Failure to do so may prevent the parties from hearing the proceedings in the courtroom
and/or may prevent the Court from hearing the parties. State your name so there may be a clear
record as to which party is speaking.
The proceeding will take place in the Superior Court’s e-courtroom. A record of the
proceedings will be made digitally in lieu of a court reporter. Should you want an unofficial
copy of the proceedings, the parties or counsel may request a videotape or CD of the proceedings
for a $30.00 charge. If a CD or videotape is requested, please obtain a form from the courtroom
clerk or from the Self-Service Center to request a daily copy of a court hearing or trial
proceeding being conducted. Pay the applicable fee at the Self-Service Center. Attach the
receipt showing payment of the fee and present both the receipt and the form to the bailiff. For
copies of hearings or trial proceedings recorded previously, please call Electronic Records
Services at (602) 506.710. Should an official transcript be required, you may request that the
court prepare it. The party ordering the transcript must pay for it. To request a transcript, call
(602) 506.7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.
With this technology, a court reporter is likely not required and the parties are
encouraged to experience the court's video recording system before requesting a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding in
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-094529
10/17/2017
Docket Code 028
Form V000A
Page 3
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.
PLEASE NOTE: This division requires that all motions, responses, replies and other
Court-requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.
9:09 a.m. Hearing concludes.
