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Maricopa County Superior Court Case CV2014-012224

Case Header

Maricopa County Superior Court Case CV2014-012224: public docket details, parties, minute entries, documents, and official source links for One Lexington Avenue Condominium Owners Association.

Case Number
CV2014-012224
County
Maricopa
Caption
Not captured
Filed
9/26/2014
Case Type
Civil
Judge
Moskowitz, Frank
Location
Downtown
Official Court Record
Official Court Record

Parties

Party Relationship Attorney
Equus Development Corporation Defendant Melissa Lin
Jeffrey C Stone Inc Defendant Holly Davies
Lexington Avenue Limited Liability Partnership Defendant WENDY WEIGAND
Macdonald Development U S A Corporation Defendant WENDY WEIGAND
One Lexington Avenue Condominium Owners Association Plaintiff John Chaix
Windsor Century Plaza L L C Defendant Melissa Lin

Minute Entries

01/08/2015 — CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 01/08/2015 HONORABLE LORI HORN BUSTAMANTE View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/12/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

01/08/2015

Docket Code 066
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE LORI HORN BUSTAMANTE
T. Nosker

Deputy

ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
JOHN E CHAIX

v.

LEXINGTON AVENUE LIMITED LIABILITY
PARTNERSHIP
WENDY N WEIGAND

COURT ADMIN-CIVIL-CCC
JUDGE REA

MINUTE ENTRY

This case was previously assigned to the Honorable Bustamante, who has recused herself
due to a conflict. The case is transferred to the Presiding Civil Judge for reassignment.

01/12/2015 — CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 01/12/2015 HON. JOHN REA View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/13/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

01/12/2015

Docket Code 066
Form V000A
Page 1

CLERK OF THE COURT
HON. JOHN REA
L. Gilbert

Deputy

ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
JOHN E CHAIX

v.

LEXINGTON AVENUE LIMITED LIABILITY
PARTNERSHIP
WENDY N WEIGAND

COURT ADMIN-CIVIL-CCC
JUDGE BUSTAMANTE
JUDGE OBERBILLIG

CASE REASSIGNMENT - CIVIL PRESIDING JUDGE

This case was previously assigned to the Honorable Lori Bustamante, who has
disqualified herself. The case was transferred to the Presiding Civil Judge for reassignment.

IT IS ORDERED reassigning this case to Civil Calendar CVJ01, the Honorable Robert
Oberbillig, for all further proceedings.

Pending:
 Plaintiff’s December 19, 2014 Motion for Leave to File First
Amended Complaint

 The parties’ December 22, 2014 Joint Scheduling Report

 The parties’ December 22, 2014 Stipulated Scheduling Order

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

01/12/2015

Docket Code 066
Form V000A
Page 2

ATTENTION: If there are any matters pending and/or previously scheduled events
(oral argument, hearings, conferences, trial, etc.), counsel are directed to immediately
contact the newly assigned division to determine whether the new division is able to
maintain the current schedule in this matter.

02/01/2016 — CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 02/01/2016 HONORABLE DAVID B. GASS View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/03/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

02/01/2016

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID B. GASS
L. Stogsdill

Deputy

ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
JOHN E CHAIX

v.

LEXINGTON AVENUE LIMITED LIABILITY
PARTNERSHIP, et al.
WENDY N WEIGAND

HOLLY DAVIES
MELISSA LIN

DISMISSAL CALENDAR

The Court having been advised that this matter has settled,

IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal without
further notice on March 30, 2016, unless prior to said date a judgment is entered or filed, a
stipulation of dismissal is presented, or a motion to set and certificate of readiness is filed.

IT IS FURTHER ORDERED vacating the Telephonic Status/Scheduling Conference
on February 1, 2016 at 9:45 a.m. in this division.

02/04/2015 — CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 02/04/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/10/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

02/04/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
L. Stogsdill

Deputy

ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
JOHN E CHAIX

v.

LEXINGTON AVENUE LIMITED LIABILITY
PARTNERSHIP
WENDY N WEIGAND

MINUTE ENTRY

The Court has read the following:

 Plaintiff’s Motion for Leave to File First Amended Complaint electronically filed
December 19, 2014;
 Defendant’s Response to Motion for Leave to File First Amended Complaint
electronically filed January 12, 2015;
 Plaintiff’s Reply in Support of Motion for Leave to File First Amended Complaint
electronically filed January 26, 2015.

The Court is of the opinion that the parties have fully and adequately briefed the issue(s)
in their pleadings and, therefore, oral argument would not assist the Court. Consequently,
pursuant to Rule 7.1(c), Arizona Rule of Civil Procedure, the Court will resolve the motion
without oral argument.

The Motion is sufficient in establishing a legal basis for the Amendment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

02/04/2015

Docket Code 019
Form V000A
Page 2

IT IS ORDERED granting the Motion for Leave to File First Amended Complaint.

02/04/2015 — CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 02/04/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/10/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

02/04/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
L. Stogsdill

Deputy

ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
JOHN E CHAIX

v.

LEXINGTON AVENUE LIMITED LIABILITY
PARTNERSHIP
WENDY N WEIGAND

MINUTE ENTRY

This case has been reassigned to Judge Robert H. Oberbillig.

IT IS ORDERED approving and adopting all deadlines as Submitted on the Stipulated
Scheduling Order electronically filed December 22, 2014 with the exception of the Jury Trial
deadline of January 12, 2016.

IT IS FURTHER ORDERED setting this matter for a Telephonic Status/Scheduling
Conference on June 29, 2015, at 9:15 a.m., (time allotted: 15 minutes) 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:

JUDGE ROBERT H. OBERBILLIG
OLD COURT HOUSE
125 WEST WASHINGTON STREET
THIRD FLOOR – COURTROOM 309
PHOENIX, AZ 85003
(602) 506-2194

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

02/04/2015

Docket Code 023
Form V000A
Page 2

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 (602-506-2194) promptly at the scheduled time. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.

The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a moving vehicle or while in traffic.

NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting this
division three (3) court business days before the scheduled hearing.

PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected]. and to [email protected].

NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.

04/10/2015 — CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 04/10/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/14/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

04/10/2015

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
L. Stogsdill

Deputy

ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
JOHN E CHAIX

v.

LEXINGTON AVENUE LIMITED LIABILITY
PARTNERSHIP, et al.
WENDY N WEIGAND

MINUTE ENTRY

Due to a conflict with the Court’s calendar,

IT IS ORDERED vacating the Telephonic Status/Scheduling Conference set for June
29, 2015 at 9:15 a.m. and resetting the same for July 16, 2015 at 8:45 a.m. (time allotted: 15
minutes) for the purpose of selecting a trial date if the matter has not settled. Counsel shall have
their trial calendars available. The Telephonic Status/Scheduling Conference is set before:

JUDGE DAVID GASS
OLD COURT HOUSE
125 WEST WASHINGTON STREET
THIRD FLOOR – COURTROOM 309
PHOENIX, AZ 85003
(602) 372-3592**

**NOTE: Effective June 22, 2015, this Division’s calendar will be assigned to the
Honorable David Gass (telephone number: 602-372-3592), located in the Old Courthouse,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

04/10/2015

Docket Code 083
Form V000A
Page 2

Court Building, 125 W. Washington Street, Courtroom 309, Phoenix, Arizona, 85003.
Please contact the division after Judicial rotation to confirm division’s location and correct
email addresses.

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 (602-372-3592) promptly at the scheduled time. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.

The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a moving vehicle or while in traffic.

NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting this
division three (3) court business days before the scheduled hearing.

PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
e-mail
same
to
the
Court’s
Judicial
Assistant
at
[email protected]. and to [email protected].

NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.

07/16/2015 — CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 07/16/2015 HONORABLE DAVID B. GASS View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/21/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-012224

07/16/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID B. GASS
S. Brown

Deputy

ONE LEXINGTON AVENUE CONDOMINIUM
OWNERS ASSOCIATION
JOHN E CHAIX

v.

LEXINGTON AVENUE LIMITED LIABILITY
PARTNERSHIP, et al.
WENDY N WEIGAND

HOLLY DAVIES
MELISSA LIN

MINUTE ENTRY

The Court has received and considered the Joint Stipulation to File Second Amended
Complaint.

IT IS ORDERED granting the Joint Stipulation to File Second Amended Complaint.

Plaintiff shall file the Second Amended Complaint on or before July 31,
2015. Defendants shall file an answer pursuant to the Rules of Civil Procedure.

Documents

Type Title Content Type Size Source
minute_entry_pdf CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 01/08/2015 HONORABLE LORI HORN BUSTAMANTE View Minute Entry application/pdf 9.1 KB Document Source
minute_entry_pdf CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 01/12/2015 HON. JOHN REA View Minute Entry application/pdf 75.2 KB Document Source
minute_entry_pdf CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 02/01/2016 HONORABLE DAVID B. GASS View Minute Entry application/pdf 9.9 KB Document Source
minute_entry_pdf CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 02/04/2015 HON. ROBERT H. OBERBILLIG View Minute Entry application/pdf 94.6 KB Document Source
minute_entry_pdf CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 02/04/2015 HON. ROBERT H. OBERBILLIG View Minute Entry application/pdf 85.0 KB Document Source
minute_entry_pdf CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 04/10/2015 HON. ROBERT H. OBERBILLIG View Minute Entry application/pdf 148.0 KB Document Source
minute_entry_pdf CV2014012224 AVENUE CONDOMINIUM OWNERS ASSOCIATION, ONE LEXINGTON 07/16/2015 HONORABLE DAVID B. GASS View Minute Entry application/pdf 9.3 KB Document Source

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