02/24/2015 — CV2013009362 COWLES, DAVID W 02/24/2015 HON. RANDALL H. WARNER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/26/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-009362
02/24/2015
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
DAVID W COWLES
MARK S BOSCO
v.
CHARLES HOSKINS
TIM COONS
NIKITA VERMA PATEL
RALPH W WILKERSON
STATUS CONFERENCE SET
Before the court are the following:
1. Cristina Joy Mesa’s October 13, 2014 Application for Release of Excess Proceeds;
2. Roger W. Brown’s (as the Chapter 7 Trustee) November 17, 2014 Application for
Release of Excess Proceeds;
3. Sundance Residential Homeowners Association, Inc.’s December 18, 2014
Application for Disbursement of Excess Proceeds;
4. Sundance Residential Homeowners Association, Inc.’s January 27, 2015 Application
for Attorneys’ Fees; and
5. Christina Mesa’s February 23, 2015 Request for Hearing Regarding Priority of
Claims.
IT IS ORDERED setting a telephonic status conference on March 20, 2015 at
8:45 a.m. (time allotted: 15 minutes) in this division for the purposes of discussing the
Applications and setting a hearing, if necessary. Counsel for Cristina/Christina Mesa shall
initiate the conference call to this division at 602-372-2966. All persons appearing shall appear
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-009362
02/24/2015
Docket Code 028
Form V000A
Page 2
on land lines and not on cellular phones, and shall not use the speakerphone features of their
telephones, in order to maximize all participants’ ability to hear and be heard. 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. Any party may request the presence of a court reporter by contacting this division
(602-372-2966) three (3) court business days before the scheduled hearing.
The parties are encouraged to view Judge Warner’s online profile of the Superior
Court’s website for additional information on appearing before Judge Warner.
03/10/2015 — CV2013009362 COWLES, DAVID W 03/10/2015 HON. RANDALL H. WARNER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/12/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-009362
03/10/2015
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
DAVID W COWLES
MARK S BOSCO
v.
CHARLES HOSKINS
TIM COONS
NIKITA VERMA PATEL
RALPH W WILKERSON
CONFERENCE TIME RESET
On the court’s own motion, due to a scheduling conflict,
IT IS ORDERED resetting the TIME of the telephonic status conference set for March
20, 2015 from 8:45 a.m. to 9:45 a.m. (time allotted: 15 minutes) in this division for the purposes
of discussing the competing Applications for Release of Excess Proceeds and setting a hearing, if
necessary. Counsel for Cristina/Christina Mesa shall initiate the conference call to this division
at 602-372-2966. All persons appearing shall appear on land lines and not on cellular phones,
and shall not use the speakerphone features of their telephones, in order to maximize all
participants’ ability to hear and be heard. 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. Any party may request the presence of a court reporter by contacting this division
(602-372-2966) three (3) court business days before the scheduled hearing.
03/20/2015 — CV2013009362 COWLES, DAVID W 03/20/2015 HON. RANDALL H. WARNER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/24/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-009362
03/20/2015
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
DAVID W COWLES
MARK S BOSCO
v.
CHARLES HOSKINS
TIM COONS
NIKITA VERMA PATEL
RALPH W WILKERSON
HEARING SET
Courtroom: ECB-512
9:55 a.m. This is the time set for a status conference for purposes of setting a hearing on
competing Applications for Excess Proceeds. Applicant Cristina Mesa (aka Christina Mesa) is
represented (telephonically) by Counsel Tim Coons. Applicant Sundance Residential
Homeowners Association, Inc. is represented (telephonically) by Counsel Nikita Verma Patel.
No other party is present or represented.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the type and necessity of a hearing to resolve the pending
Applications for Excess Proceeds.
Counsel for Applicant Mesa advises the court that he has conferred with Mr. Wilkerson
(counsel for Applicant Roger W. Brown, the bankruptcy trustee) and both parties are in
agreement that the HOA has first priority over the proceeds. Counsel further advises the court
that there is a dispute regarding the priority of the remaining two claims.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-009362
03/20/2015
Docket Code 056
Form V000A
Page 2
IT IS ORDERED setting a hearing on the Applications for Excess Proceeds filed by
Applicants Mesa and Brown for April 24, 2015 at 11:30 a.m. in this division. Counsel and the
parties, if representing themselves, are to appear in person before:
The Honorable Randall H. Warner
Maricopa County Superior Court
East Court Building
101 W. Jefferson
5th Floor, Courtroom 512
Phoenix, AZ 85003
Phone: 602-372-2966
Fax: 602-372-8746
The hearing shall be limited to thirty (30) minutes with the time divided equally
between the sides.
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Any party may request the presence of a court reporter by contacting this division
(602-372-2966) three (3) court business days before the scheduled hearing.
IT IS FURTHER ORDERED that any party may submit a brief on legal issues
pertaining to the hearing no later than April 17, 2015.
IT IS FURTHER ORDERED that the parties shall submit a stipulation and proposed
order regarding the HOA’s Application for Excess Proceeds.
9:59 a.m. Matter concludes.
04/21/2015 — CV2013009362 COWLES, DAVID W 04/21/2015 HON. RANDALL H. WARNER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/23/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-009362
04/21/2015
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
DAVID W COWLES
MARK S BOSCO
v.
CHARLES HOSKINS
TIM COONS
NIKITA VERMA PATEL
RALPH W WILKERSON
DISMISSAL CALENDAR
Before the court is the parties’ April 17, 2015 Notice of Settlement.
IT IS ORDERED setting this matter for dismissal on June 22, 2015. Unless a stipulated
judgment or a stipulation for dismissal, along with a proposed form of order, is submitted to the
court before that date, or the court otherwise extends the deadline for good cause shown, all
remaining claims and parties will be dismissed.
IT IS FURTHER ORDERED vacating the hearing set for April 24, 2015.
