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Maricopa County Superior Court Case CV2014-009496: public docket details, parties, minute entries, documents, and official source links for Sun Lakes Homeowners Association # 1 Inc.

Case Number

CV2014-009496

County

Maricopa

Caption

Not captured

Filed

7/8/2014

Case Type

Civil

Judge

Blaney, Scott

Location

Downtown

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

02/23/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil

Deputy

COLETTE MCNALLY
JACOB A KUBERT

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
ROBERT GRASSO JR.

MINUTE ENTRY

The Court has read and considered Plaintiff’s Motion for Summary Judgment to Restore
Plaintiff’s Right to Participate in Executive Sessions filed December 12, 2014, Defendant’s
Opposition to Plaintiff’s Motion for Summary Judgment to Restore Plaintiff’s Right to
Participate in Executive Sessions filed January 30, 2015, and Plaintiff's Reply in Support of
Motion for Summary Judgment to Restore Plaintiff's Right to Participate in Executive Sessions
filed February 12, 2015.

Although both parties requested oral argument, the Court finds that oral argument would not
assist in ruling on the issues and is unnecessary. For that reason, the request for oral argument is
denied.

Rule 56(c) of the Arizona Rules of Civil Procedure provides that the Court may grant a
motion for summary judgment only if there “is no genuine issue of material fact….” Any
evidence or reasonable inference contrary to fact which the moving party needs to show his
entitlement to judgment will preclude summary judgment. United Bank of Arizona v. Allyn, 167
Ariz. 191 (Ct.App. 1990). If there are material facts upon which reasonable people could reach

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

02/23/2015

Docket Code 019
Form V000A
Page 2

different conclusions, summary judgment is not appropriate. Gold Insurance Company v.
Grishom, 126 Ariz. 123 (1980).

In making a determination on a motion for summary judgment, the court should consider
the evidence and state the facts in the light most favorable to the party opposing the summary
judgment and indulge in all reasonable inferences in support thereof. City of Tucson v.
Sanderson, 104 Ariz. 151 (1969). Moreover, courts have long held that the interests of justice are
best served by a trial on the merits. Comacho v. Gardner, 104 Ariz. 555 (1969).

The Court finds that there are a number of material facts in dispute that precludes the
granting of summary judgment prior to trial.

Accordingly

IT IS ORDERED denying Plaintiff’s Motion for Summary Judgment to Restore
Plaintiff’s Right to Participate in Executive Sessions.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/23/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

03/20/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil

Deputy

COLETTE MCNALLY
JACOB A KUBERT

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
ROBERT GRASSO JR.

MINUTE ENTRY

The Court having received and considered Plaintiff’s Motion for Reconsideration filed
March 13, 2015,

IT IS ORDERED denying Plaintiff’s Motion.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/12/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

05/11/2015

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil

Deputy

COLETTE MCNALLY
JACOB A KUBERT

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
ROBERT GRASSO JR.

MINUTE ENTRY

The Court having received Plaintiff’s Application for Preliminary Injunction Pursuant to
Ariz. R. Civ. P. 65(a) and Request for an Expedited Evidentiary Hearing,

IT IS ORDERED setting a Telephonic Status Conference on May 12, 2015 at 9:15 a.m.
(time allotted: 15 minutes), in this division before,

Honorable James T. Blomo
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 372-4537

NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division at the scheduled time.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

05/11/2015

Docket Code 028
Form V000A
Page 2

The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD 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 602-506-7100. 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 new 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. If a court reporter is required, the Court must receive a written request at least three
(3) court days before the commencement of the proceeding. Failure to timely request a court
reporter will be deemed consent to proceed without a court reporter.

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.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/14/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

05/12/2015

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil

Deputy

COLETTE MCNALLY
JACOB A KUBERT

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
ROBERT GRASSO JR.

MINUTE ENTRY

Courtroom 411 – East Court Building

9:18 a.m. This is the times set for a Telephonic Status Conference. Plaintiff is
represented by counsel, Steven W. Cheifetz. Defendant is represented by counsel, Jenny J.
Winkler .

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

Discussion is held with the Court.

IT IS ORDERED setting an Evidentiary Hearing on Plaintiff’s Application for
Preliminary Injunction on August 12. 2015 at 9:00 a.m. (time allotted: 4 hours) before:

Honorable James T. Blomo
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 372-4537

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

05/12/2015

Docket Code 056
Form V000A
Page 2

IT IS FURTHER ORDERED that all parties shall hand-deliver to the Clerk of this
Division all exhibits to be used at the hearing at least three (3) business days prior to the
hearing. All hearing exhibits shall have been exchanged prior to that time. Exhibits shall be
accompanied with a numbered list of each exhibit and shall be separated with a blank sheet of
colored paper. 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, the Defendant’s exhibits numbering shall start at the next number
following the last of Plaintiff’s exhibits. (For example, Plaintiff submits 10 exhibits, which are
marked Exhibit 1 through 10. Defendant submits 10 exhibits, which are marked 11 through 20).
Exhibits must be stapled or bound together prior to delivery to the clerk. Upon submission of the
exhibits to the clerk, please provide one additional set in a binder for the Judge’s reference
during the hearing. Please contact the Clerk with any questions regarding procedures for
marking and submitting exhibits (602) 506-7504.

IT IS FURTHER ORDERED Counsel shall file, at least three (3) business days prior to
the hearing, a Joint Hearing Statement signed by all counsel/parties.

a) Deposition Summary: Counsel shall provide to the Court copies of any
deposition transcripts to be read in place of live testimony. The offering
party will highlight the portions to be read, the other side will highlight
Rule 106 additions, and any objections for the Court to rule on will be
clearly marked in the margin. The parties are encouraged to agree on
narrative summaries of deposition testimony, using brief question and
answer excerpts only to emphasize very important testimony or to cover
areas of testimony that cannot be summarized to the satisfaction of all
counsel. No stipulation should be unreasonably refused.

b) Final Trial Witnesses: The Joint Hearing Statement shall include an
exhibit titled: Final Hearing Witness List. This list shall contain the
name of each witness a party actually intends to call at the hearing, the
day on which they intend to call each witness and the estimated time
needed for direct, cross and re-direct examination.

The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by audio and CD in lieu of a court reporter. Should you want an
unofficial copy of the proceedings, the parties or counsel may request a CD of the proceedings
for a $30.00 charge. If a CD 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

05/12/2015

Docket Code 056
Form V000A
Page 3

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 602-506-7100. 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 new 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. If a court reporter is required, the Court must receive a written request at least 3 court
days before the commencement of the proceeding. Failure to timely request a court reporter will
be deemed consent to proceed without a court reporter.

9:22 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/03/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

06/02/2016

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil

Deputy

COLETTE MCNALLY
STEVEN W CHEIFETZ

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
JENNY J WINKLER

MINUTE ENTRY

On the Court’s own motion, due to a scheduling conflict,

IT IS ORDERED vacating the Telephonic Pre-Trial Conference currently set for June
14, 2016 and resetting same to August 10, 2016 at 9:15 a.m. (time allotted: 15 minutes) in this
division before,

Honorable James T. Blomo
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 372-4537

NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division at the scheduled time.

Clerk of the Superior Court

*** Electronically Filed ***

07/23/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

07/17/2020

Docket Code LED
Form EXHCVREL
Page 1

CLERK OF THE COURT
EXHIBITS UNIT
J. Baldon (Exh)

Deputy

COLETTE MCNALLY
STEVEN W CHEIFETZ

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
JENNY J WINKLER

NOTICE REGARDING DISPOSITION OF EXHIBITS

The Clerk of the Superior Court is in possession of exhibits in the above captioned case.
This case has been reviewed pursuant to Rules of Court Criminal Procedure, Rule 28.1; Superior
Court - Local Rules of Maricopa County, Rule 2.8(d); Rules of Civil Appellate Procedures, Rule
11(a)(6); and is not subject to further modification.

To claim your exhibits, please call 602-372-2284 to make an appointment. Appointments
are available Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. If the
exhibits need to be retained, a request must be made in writing within ten (10) days of the
mailing of this notice.

The subject exhibits will not be eligible for release until 08/05/2020 and must be
collected by 09/21/2020 or the exhibits shall be disposed. The following party(ies) have exhibits
that need to be collected: Plaintiff and Defendant. Exhibits may only be released to the party
which presented the exhibits. For further verification please contact the Exhibits Unit at 602-
372-2284.

This notice serves as the only written notification regarding disposition of these exhibits.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/21/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

07/20/2016

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil

Deputy

COLETTE MCNALLY
STEVEN W CHEIFETZ

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
ROBERT GRASSO JR.

MINUTE ENTRY

The Court having received a Notice of Conflict with August 10, 2016 Pretrial Conference
and Request to Reset Said Conference filed by Defendant on July 18, 2016,

IT IS ORDERED vacating the Telephonic Pre-Trial Conference set for August 10, 2016
and resetting same to August 23, 2016 at 9:00 a.m. (time allotted: 15 minutes) in this division
before,

Honorable James T. Blomo
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 372-4537

NOTE: Counsel for the Defendant is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division at the scheduled time.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/07/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

08/05/2015

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil

Deputy

COLETTE MCNALLY
JACOB A KUBERT

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
JENNY J WINKLER

MINUTE ENTRY

The Court having received a request from counsel for guidance from the Court to resolve
a dispute,

IT IS ORDERED setting a Telephonic Status Conference on August 10, 2015 at 9:45
a.m. (time allotted: 15 minutes), in this division before,

Honorable James T. Blomo
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 372-4537

NOTE: Counsel for the Defendant is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division at the scheduled time.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

08/05/2015

Docket Code 028
Form V000A
Page 2

The proceeding will take place in the Superior Court’s “e-courtroom.” A record of the
proceedings will be made by videotape and CD 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 602-506-7100. 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 new 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. If a court reporter is required, the Court must receive a written request at least three
(3) court days before the commencement of the proceeding. Failure to timely request a court
reporter will be deemed consent to proceed without a court reporter.

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.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/17/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

08/10/2015

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
T. DeRaddo

Deputy

COLETTE MCNALLY
STEVEN W CHEIFETZ

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
JENNY J WINKLER

MINUTE ENTRY

East Court Building – Courtroom 411

9:46 a.m. This is the time set for a Telephonic Status Conference. Appearing on behalf
of Plaintiff is counsel, Steve Cheifetz. Appearing on behalf of Defendant is counsel, Jenny J.
Winkler.

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

Discussion is held regarding the status of the case and issues to which the parties could
not agree. The parties disagree about the information that needs to be included in the Joint
Pretrial Statement.

Further discussion is held regarding the May 12, 2015 Minute Entry with respect to the
addition of witnesses and exhibits.

IT IS ORDERED that the parties shall add notes to their Joint report indicating which
items are in disagreement.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

08/10/2015

Docket Code 029
Form V000A
Page 2

Defendant informs the Court that Plaintiff is seeking injunctive relief on two items as
follows:

1. Plaintiff seeks to compel the Homeowner’s Association to allow her to participate in
the Executive Sessions of the Board of Directors; and
2. To Halt the Alleged Violations of the Open Meeting Laws by the Association.

Defendant asserts that there has not been enough time to conduct discovery, given the
late notice of these issues. Defendant requests guidance from the Court.

Plaintiff asserts that she is being harmed by the practices of the Defendant, and feels that
the Minutes are relevant and show prejudice to Plaintiff. Also, Plaintiff requests that the open
meeting minutes be admitted at the Evidentiary Hearing on August 12, 2015.

LET THE RECORD REFLECT that the Court’s focus at the Evidentiary Hearing
regarding the preliminary injunction will be whether or not Ms. McNally can participate in
executive sessions.

Discussion is held regarding and Plaintiff’s Motion for Summary Judgment with respect
to Defendant’s expert witness. Plaintiff’s re-urge their objection that Defendant’s expert not be
allowed to testify.

IT IS ORDERED that Mr. Carpenter’s testimony at the Evidentiary Hearing not be
precluded.

10:02 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/17/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

08/12/2015

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
T. DeRaddo

Deputy

COLETTE MCNALLY
STEVEN W CHEIFETZ

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
JENNY J WINKLER

ALTERNATIVE DISPUTE
RESOLUTION - CCC

EVIDENTIARY HEARING
REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION (ADR)

East Court Building – Courtroom 411

Prior to the proceedings, Plaintiff’s Exhibits 1-37 and Defendant’s exhibits 38-66 were
marked for identification.

9:15 a.m. This is the time set for an Evidentiary Hearing regarding Plaintiff Collette
McNally’s Application for Preliminary Injunction, filed on April 29, 2015. Plaintiff, Collette
McNally is present and represented by counsel, Steve Cheifetz and Jacob Kubert. Appearing on
behalf of Defendant is counsel, J. Winkler.

Court Reporter, Jeanne Kappedal, is present. A record of the proceedings is not made by
audio and/or videotape.

Plaintiff invokes the rule of exclusion. Discussion is held as to Richard Willis Schwartz
remaining in the courtroom.

LET THE RECORD REFLECT that Richard Willis Schwartz will remain in the
courtroom.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

08/12/2015

Docket Code 005
Form V000A
Page 2

Colette McNally, Richard Willis Schwartz, Jane Gail Cournoyer and Scott Carpenter are
simultaneously sworn as witnesses.

The parties stipulate to the admission of the following Exhibits for the Evidentiary
Hearing only, but not for trial purposes:

Plaintiff’s Exhibits 1-37; Defendant’s Exhibits 38-59; and Defendant’s Exhibits 61-66.

Plaintiff makes Opening Statements.

Defendant makes Opening Statements.

Plaintiff’s case.

Colette McNally takes the witness stand and testifies.

Defense counsel unseals and refers to the original deposition of Colette McNally.

FILED: Original deposition of Colette McNally, taken on January 15, 2015.

Jeannie Martens is sworn and testifies.

The witness is excused.

The Plaintiff rests.

Defendant’s case.

Richard Willis Schwartz takes the stand and testifies.

Defendant’s Exhibit 60 is received in evidence.

The Court admonishes the people sitting in the gallery area that no outbursts or comments
will be allowed.

The witness steps down.

Janis Cournoyer takes the witness stand and testifies.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

08/12/2015

Docket Code 005
Form V000A
Page 3

The witness is excused.
Scott Carpenter takes the stand and testifies.

12:00 p.m. The court stands at recess.

1:31 p.m. Court reconvenes with the parties and respective counsel present.

Court Reporter, Jeanne Kappedal is present. A record of the proceedings is not made by
audio and/or videotape.

Scott Carpenter resumes the stand and continues to testify.

Discussion is held regarding legal matters associated with Homeowner Association Laws.

The witness is excused.

Defense rests.

Rebuttal.

Colette McNally again takes the witness stand and continues to testify.

Ms. McNally steps down.

Closing arguments are presented by the parties.

Discussion is held regarding executive session topics and a possible remedy regarding
injunctive relief for Ms. McNally that would both protect and limit each side.

After careful consideration of the evidence and testimony presented,

IT IS ORDERED denying Plaintiff’s request for Preliminary Injunction.

At request of counsel and good cause appearing,

IT IS ORDERED the parties shall participate in a mandatory settlement conference.
This case is referred to the Court’s Alternative Dispute Resolution for the appointment of a judge
pro tempore to conduct a settlement conference. Counsel and/or the parties will receive a minute
entry from ADR appointing the judge pro tempore. Counsel and any “pro per” parties will
contact the appointed judge pro tempore to arrange the date, time, and location for the settlement

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

08/12/2015

Docket Code 005
Form V000A
Page 4

conference. The judge pro tempore is requested to conduct a settlement conference not later than
November 10, 2015. The Office of Alternative Dispute Resolution will not do the scheduling of
the settlement conference so please do not contact that office. If counsel prefer to use a private
mediator to conduct the settlement conference, a Stipulation and Order re: Alternative to ADR
must be presented to the Court by no later than 5:00 p.m. on October 12, 2015. All counsel and
their clients, or non-lawyer representatives who have full and complete authority to settle the
case, shall personally appear and participate in good faith in the Settlement Conference.
Sanctions may be imposed for failure to participate.

Please note: If one or both parties fail to appear at the scheduled Settlement Conference,
the party failing to appear may be assessed a No Show Fee of $100.00.

IT IS FURTHER ORDERED that the parties shall submit a Scheduling Order and Joint
Report within 3 weeks, or no later than September 2, 2015.

At the request of the parties,

IT IS ORDERED sealing all exhibits designated as “Confidential,” not to be opened
until further order of the Court, as follows:

Plaintiff’s Exhibits Nos: 9, 10, 12, 13, 14, 15-29, 31-35; and
Defendant’s Exhibits Nos: 43, 45-49, 53, 55 and 60.

2:40 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

10/25/2016

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil

Deputy

COLETTE MCNALLY
STEVEN W CHEIFETZ

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
ROBERT GRASSO JR.

MINUTE ENTRY

The Court having read and considered Defendant’s Motion for Summary Judgment filed
July 29, 2016, Defendant’s Statement of Facts in Support of Defendant’s Motion for Summary
Judgment filed July 29, 2016, Plaintiff’s Response to Defendant’s Motion for Summary
Judgment filed September 21, 2016, Plaintiff’s Response to Defendant Sun Lakes Homeowners
Association #1, Inc.’s Statement of Facts and Plaintiff’s Counter Statement of Facts filed
September 21, 2016, and Defendant’s Reply in Support of Motion for Summary Judgment filed
October 19, 2016,

IT IS ORDERED denying Defendant’s Motion for Summary Judgment.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/20/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

11/18/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil

Deputy

COLETTE MCNALLY
STEVEN W CHEIFETZ

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
JENNY J WINKLER

MINUTE ENTRY

The Court has read and considered Defendant/Appellee's Motion for Order Requiring
Plaintiff/Appellant to Order and Pay for Transcript of Entire Proceeding and Plaintiff/Appellant's
Response to Motion for Order Requiring Her to Order and Pay for Transcript of Entire
Proceeding and Notice of Intention Not to Order Pursuant to ARCAP 11(c)(4)(B).

The Court finds that a full and complete record of the entire proceedings is inecessary
and n the interst of justice.

Accordingly,

IT IS ORDERED granting Defendant/Appellee's Motion for Order Requiring
Plaintiff/Appellant to Order and Pay for Transcript of Entire Proceeding.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-009496

11/29/2016

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JAMES T. BLOMO
G. Verbil

Deputy

COLETTE MCNALLY
STEVEN W CHEIFETZ

v.

SUN LAKES HOMEOWNERS ASSOCIATION
# 1 INC
ROBERT GRASSO JR.

CASE ON DISMISSAL CALENDAR

The Court has received a Notice of Settlement.

IT IS ORDERED setting this matter for dismissal on January 3, 2017. 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 all future hearings.

Documents