01/03/2012 — CV2011055990 I I COMMUNITY ASSOCIATION, SURPRISE FARMS 01/03/2012 HONORABLE LINDA H. MILES View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/06/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055990
01/03/2012
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDA H. MILES
L. Crawford
Deputy
ROBERT PROCTOR, et al.
EDWARD H BRITT
v.
SURPRISE FARMS I I COMMUNITY
ASSOCIATION, et al.
LYN ANNE BAILEY
ORDER SIGNED
IT IS ORDERED granting the parties’ Stipulation to Extend Deadline to File Response
to Motion to Dismiss With Prejudice [Pursuant] to Rule 12(b)(1) electronically filed on
December 8, 2011, all in accordance with the formal written Order re: Stipulation to Extend
Deadline to File Response to Motion to Dismiss With Prejudice Pursuant to Rule 12(b)(1) signed
by the Court on December 23, 2011 and entered (filed) by the clerk on January 3, 2012.
The Court was unable to process the Order electronically because it was submitted as an
exhibit to the Stipulation.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Copies of the order and self-addressed, stamped envelopes were
not available for mailing to the parties. 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055990
01/03/2012
Docket Code 022
Form V000A
Page 2
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 directs the Clerk's Office not to accept paper filings from attorneys in civil cases. Civil
cases must still be initiated on paper; however, subsequent documents must be eFiled through
AZTurboCourt unless an exception defined in the Administrative Order applies.
02/21/2012 — CV2011055990 I I COMMUNITY ASSOCIATION, SURPRISE FARMS 02/21/2012 HONORABLE LINDA H. MILES View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
03/01/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055990
02/21/2012
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDA H. MILES
C. Kelly
Deputy
ROBERT PROCTOR, et al.
EDWARD H BRITT
v.
SURPRISE FARMS I I COMMUNITY
ASSOCIATION, et al.
LYN ANNE BAILEY
MINUTE ENTRY
The Court has received and considered (1) Defendants’ Motion to Dismiss with Prejudice
Pursuant to Rule 12 (b)(1), and the Response and Reply thereto; and (2) Plaintiffs’ Motion to
Compel Arbitration, and the Response and Reply thereto.
THE COURT FINDS that Plaintiffs’ claims are subject to the mandatory alternative
dispute resolution procedures set forth in Article XV of the Declaration of Covenants,
Conditions, Restrictions, Assessments, Charges, Servitudes, Liens, Reservations and Easements
for Surprise Farms II (“Declaration”).
IT IS ORDERED granting Defendants’ Motion and dismissing this matter without
prejudice to the parties’ right to seek judgment on any award entered in arbitration between the
parties.
IT IS FURTHER ORDERED denying Plaintiffs’ Motion to Compel Arbitration because
there has been no refusal to arbitrate on the part of the Defendants.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-055990
02/21/2012
Docket Code 047
Form V000A
Page 2
This Court enters no ruling as to whether Plaintiffs’ Complaint in this case constitutes the
“Notice” contemplated by Section 15.3 of the Declaration. If the parties cannot resolve the issue
on their own or though mediation, the matter ultimately must be decided by an arbitrator
pursuant to Article XV of the Declaration.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
NOTICE: Due to rotation of judicial officers, effective June 20, 2012, all civil matters
assigned to the Honorable Linda H. Miles will be assumed by the Honorable Michael D. Gordon.
/S/ LINDA H. MILES
__________________________________
THE HONORABLE LINDA H. MILES
