04/06/2009 — CV2008016722 DRAPER, LEE 04/06/2009 HON. SAM J. MYERS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/08/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-016722
04/06/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. SAM J. MYERS
L. Firriello
Deputy
VILLAS ON NORTH MOUNTAIN
CONDOMINIUM ASSOCIATION, THE
BETH MULCAHY
v.
LEE DRAPER, et al.
LEE DRAPER
1601 WEST SUNNYSIDE DRIVE
UNIT #135
PHOENIX AZ 85029
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
C/O MARY DRUMMOND
2711 CENTERVILLE ROAD #400
WILMINGTON, DE 19808
MINUTE ENTRY
The Court has received Defendant’s Motion for Opportunity for Adversary Submissions
to Liability for Attorney’s Fees, Reference to Master and Plaintiff’s Response.
The Court having considered the record in this matter,
IT IS ORDERED denying Defendant’s Motion for Opportunity for Adversary
Submissions to Liability for Attorney’s Fees, Reference to Master.
IT IS FURTHER ORDERED denying Plaintiff’s request for additional attorneys’ fees.
08/26/2008 — CV2008016722 DRAPER, LEE 08/26/2008 HON. SAM J. MYERS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/27/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-016722
08/26/2008
Docket Code 530
Form V530
Page 1
CLERK OF THE COURT
HON. SAM J. MYERS
L. Firriello
Deputy
VILLAS ON NORTH MOUNTAIN
CONDOMINIUM ASSOCIATION, THE
BETH MULCAHY
v.
LEE DRAPER, et al.
LEE DRAPER
1601 WEST SUNNYSIDE DRIVE
UNIT #135
PHOENIX AZ 85029
COURT ADMIN-CIVIL-ARB DESK
DEPUTY CT ADMINISTRATOR,
COURTWIDE SERVICES
DOCKET-CIVIL-CCC
E-FILE CASE MANAGEMENT
FILE ROOM-CSC
FINANCIAL SERVICES-BILLING-CCC
E-FILING MINUTE ENTRY
The Superior Court is transitioning civil cases to an electronic filing system. Pursuant to
Administrative Order 2007-140,
IT IS ORDERED that all pleadings in this case be electronically filed.
The electronic filing system will be available for use on September 9, 2008 and
mandatory e-filing will commence on September 30, 2008. Filing by conventional means may
continue until this mandatory date. ALL FILINGS NOT EFILED AFTER THE MANDATORY
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-016722
08/26/2008
Docket Code 530
Form V530
Page 2
DATE WILL NOT BE CONSIDERED BY THE DIVISION UNTIL PROPERLY EFILED. If
service has not yet been completed as to some or all of the Defendants, then it is the Plaintiff's
responsibility to forward this minute entry to later appearing parties.
You may now choose to use the Clerk of Court hosted eFiling system, or one of the
Court's qualified eFiling service providers to electronically file your pleadings. Please visit the
following web site for more information on your options for eFiling.
http://www.clerkofcourt.maricopa.gov
To assist in the transition to eFiling, the Office of the Clerk of the Superior Court has
prepared instruction and training concerning the eFiling system. All parties and attorneys of
record in this case are strongly encouraged to study this material before the mandatory eFiling
date. The web site address for training materials is:
http://eventures.clerkofcourt.maricopa.gov/training.asp
Additionally, please be sure to review the eFiling Guidelines set forth by Administrative
Order 2007-140 at the following web site address:
https://efiling.clerkofcourt.maricopa.gov/efilingguidelines
Upon the mandatory eFiling date, all attorneys of record shall eFile all pleadings in
accordance with the guidelines set forth in Administrative Order 2007-140. Self-represented
parties or pro per litigants, and other case participants like Mediators, Arbitrators, and Special
Discovery Masters are strongly encouraged to eFile all pleadings. If a self-represented party, or
other case participant chooses to file their pleading in paper, they shall include a notation just
under the case number on the first page of the pleading that the case is an “EFILE CASE”.
The eFiling system can be accessed from any computer that has an Internet connection.
Free internet access terminals are available in the Superior Court Law Library, and other public
locations such as most public libraries.
Where filing fees may incur on an electronic filing, they may be paid by credit card at the
time of filing if the filing party choose to use a qualified eFiling service provider. If the filing
party chooses to use the Clerk of Court's hosted eFiling system, the filing party will be contacted
by the Clerk's Office by phone for credit card payment. If we are unable to process payment by
phone, the filing party will be billed by the Billing Unit of the Clerk of Superior Court.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-016722
08/26/2008
Docket Code 530
Form V530
Page 3
eFiled Orders from the Court will be distributed to attorneys in the same manner each
attorney has elected to receive Minute Entries from the Court. Attorneys may enroll with the
Clerk of the Court to receive their Minute Entries electronically via e-mail. The Minute Entry
Distribution Agreement form may be downloaded at:
http://www.clerkofcourt.maricopa.gov/forms.asp
The Court highly encourages filing parties to submit all proposed forms of order in a
Microsoft Word format to allow judicial officers to more efficiently manage their review and
ruling process.
Motion practice: The movant determines the caption of the filing and all captions on
subsequent related filings shall bear the same designation. For example, the filing of a motion
captioned "Defendant's Motion for Summary Judgment on Negligence" shall result in any
subsequent related filings referring to that title in the caption: "Plaintiff's Response to
Defendant's Motion for Summary Judgment on Negligence." No response to a motion shall
contain a separate motion, except in the case of a cross-motion bearing the same designation.
PLEASE NOTE: (Relating to Judge Sam J. Myers-Division 91)
It is not necessary to hand-file any documents in this Division that will be or have already
been e-filed, as it creates a duplicity for our staff. If a case has been designated as an e-File case,
then you need only e-File your documents. Please do not provide any paper copies to our
Division.
09/09/2009 — CV2008016722 DRAPER, LEE 09/09/2009 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/11/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-016722
09/09/2009
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
VILLAS ON NORTH MOUNTAIN
CONDOMINIUM ASSOCIATION, THE
BETH MULCAHY
v.
LEE DRAPER, et al.
LEE DRAPER
1601 WEST SUNNYSIDE DRIVE
UNIT #135
PHOENIX AZ 85029
RULING
The Court having considered Defendant’s August 12, 2009 pleading captioned, “Motion
for New Trial, Motion to Set Aside Default and Default Judgment” (hereafter referred to as the
“Motion”); Plaintiff’s August 14, 2009 Response to the Motion (“Response”); and no reply
having been received,
IT IS ORDERED denying the Motion for the reasons stated in Plaintiff’s Response.
09/22/2008 — CV2008016722 DRAPER, LEE 09/22/2008 HON. SAM J. MYERS View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/23/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-016722
09/22/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. SAM J. MYERS
L. Firriello
Deputy
VILLAS ON NORTH MOUNTAIN
CONDOMINIUM ASSOCIATION, THE
BETH MULCAHY
v.
LEE DRAPER, et al.
LEE DRAPER
1601 WEST SUNNYSIDE DRIVE
UNIT #135
PHOENIX AZ 85029
MINUTE ENTRY
The Court has read and considered Defendant Lee Draper’s Motion to Dismiss, and
Plaintiff’s Response. No reply was filed. Oral argument was not requested.
The Court will grant a motion to dismiss for failure to state a claim only if the plaintiff
would not be entitled to relief under any facts susceptible of proof in the statement of the claim.
Mohave Disposal, Inc. v. City of Kingman, 186 Ariz. 343, 346, 922 P.2d 308, 311 (1996). When
deciding a motion to dismiss for failure to state a claim, the trial court must assume as true the
facts alleged in the complaint and affirm the dismissal only if, as a matter of law, the plaintiff
would not be entitled to relief on any interpretation of those facts. Doe ex rel. Doe v. State, 200
Ariz. 174, ¶ 2, 24 P.3d 1269, 1270 (2001). The trial court must not speculate about hypothetical
facts that might entitle the plaintiff to relief. Cullen v. Koty-Leavitt Ins. Agency, Inc., 216 Ariz.
509, 168 P.3d 917 (Ariz.App. Div. 2, 2007).
IT IS ORDERED denying Defendant Lee Draper’s Motion to Dismiss.
12/01/2008 — CV2008016722 DRAPER, LEE 12/01/2008 HON. SAM J. MYERS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/02/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-016722
12/01/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. SAM J. MYERS
L. Firriello
Deputy
VILLAS ON NORTH MOUNTAIN
CONDOMINIUM ASSOCIATION, THE
BETH MULCAHY
v.
LEE DRAPER, et al.
LEE DRAPER
1601 WEST SUNNYSIDE DRIVE
UNIT #135
PHOENIX AZ 85029
MINUTE ENTRY
The Court has received Plaintiff’s Application for Default and Entry of Default, and
Defendant’s Response. Oral argument was not requested.
In his response, Defendant argues that Plaintiff’s Complaint fails to state a claim upon
which relief can be granted pursuant to Rule 12(b)(6), Arizona Rules of Civil Procedure. The
Court has already ruled against Defendant on that issue in the minute entry dated September 22,
2008.
The Court finds that Defendant has failed to plead or otherwise defend this action.
IT IS ORDERED granting Plaintiff’s Application for Default and Entry of Default.
