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Maricopa County Superior Court Case CV2011-018801: public docket details, parties, minute entries, documents, and official source links for Grayhawk Community Association.

Case Number

CV2011-018801

County

Maricopa

Caption

Not captured

Filed

10/19/2011

Case Type

Civil

Judge

Blanchard, John

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/17/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
04/16/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
SCHAUMBURG BANK & TRUST COMPANY
N A
ANTHONY CALI
v.
ARCITERRA NOTE FUND I I INVESTMENT
COMPANY L L C, et al.
JIMMIE W PURSELL JR.
COMM. VATZ
ORDER OF THE COURT
This Division has received Plaintiff’s April 12, 2012 e-filed Application for Entry of
Default against Defendants Arciterra Note Fund II Investment Company, LLC, Arciterra DPF
LeTourneau, LLC, and Arciterra Realty, LLC in the above-captioned case.
IT IS ORDERED referring this matter to Commissioner Benjamin Vatz.
IT IS FURTHER ORDERED no action will be taken by the assigned Commissioner
until the necessary filed documents and coversheet discussed below are delivered to that
Commissioner by the Plaintiff.
IT IS FURTHER ORDERED all documents necessary to support Plaintiff’s request for
the entry of a default judgment shall, in addition, be e-filed.
In the Maricopa County Superior Court, Rule 55(b) Default Judgment proceedings are
assigned to Commissioners. In order to allow the Commissioners to consider the extraordinarily

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
04/16/2012
Docket Code 023
Form V000A
Page 2
large number of default proceedings that come before them, parties are required to submit a
particular form cover sheet, together with the documents required by that cover sheet, in hard
copy directly to the chambers of the assigned Commissioner.
The parties/counsel can find the required default judgment coversheet on the Court’s
website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp
NOTE: Effective June 25, 2012, this Division’s calendar will be assigned to the
Honorable Randall Warner (telephone number: 602-372-2966), located in the East Court
Building, 101 West Jefferson, Suite 512, Phoenix, Arizona 85003.
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.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/08/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-018801

05/06/2014

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard

Deputy

SCHAUMBURG BANK & TRUST COMPANY
N A
ANTHONY CALI

v.

ARCITERRA NOTE FUND I I INVESTMENT
COMPANY L L C, et al.
JIMMIE W PURSELL JR.

STATUS CONFERENCE SET

Courtroom: ECB-512

9:03 a.m. This is the time set for status conference. Plaintiff Schaumburg Bank & Trust
Company, NA is represented (telephonically) by Counsel Scott A. Klundt (appearing in place of
Anthony Cali). Defendants ArciTerra Note Fund II Investment Company, LLC; ArciTerra DPF
LeTourneau, LLC and ArciTerra Realty Company, LLC are represented (telephonically) by
Counsel Jimmie W. Pursell, Jr. 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.

The court has reviewed the parties’ April 29, 2014 Joint Status Report.

Discussion is held regarding the status of the case and the progress of the parties’
settlement negotiations.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-018801

05/06/2014

Docket Code 028
Form V000A
Page 2

IT IS ORDERED setting an in-person status conference on July 11, 2014 at 8:30 a.m.
(time allotted: 30 minutes) in this division for the purposes of discussing the parties’ progress
towards settlement, the status of discovery, and the progress of this matter towards trial. Counsel
shall have their calendars available for this proceeding.

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

IT IS FURTHER ORDERED that, no less than five days before the conference set
above, the parties shall file a joint status report containing (1) a very brief description of the case;
(2) a statement of the status of discovery and other pertinent matters; (3) a list of pending
motions or other matters, whether at issue or not; (4) the status of alternative dispute resolution;
(5) when the parties anticipate the case will be ready for trial; and (6) how many trial days the
parties estimate will be needed.

IT IS FURTHER ORDERED that each party shall have a party representative present
at the status conference. If the representative is out of town, the representative may appear by
telephone

Discussion is held regarding the pending summary judgment motion filed by Plaintiff on
July 19, 2013.

IT IS ORDERED affirming the current response deadline of May 15, 2014. If the
parties agree to extend the response deadline, they may do so informally but the court requests
that the parties file a notice advising the court of the new response date or contact the court’s
judicial assistant to advise her of the new response deadline.

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.

9:10 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/30/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-018801

06/26/2014

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard

Deputy

SCHAUMBURG BANK & TRUST COMPANY
N A
ANTHONY CALI

v.

ARCITERRA NOTE FUND I I INVESTMENT
COMPANY L L C, et al.
JIMMIE W PURSELL JR.

CONFERENCE RESET

Due to a scheduling conflict of counsel,

IT IS ORDERED vacating the status conference set for July 11, 2014 and resetting this
matter for an in-person status conference on July 18, 2014 at 9:00 a.m. (time allotted: 30
minutes) in this division for the purposes of discussing the parties’ progress towards settlement,
the status of discovery, and the progress of this matter towards trial. Counsel shall have their
calendars available for this proceeding.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-018801

06/26/2014

Docket Code 083
Form V000A
Page 2

IT IS FURTHER ORDERED that, no less than five days before the conference set
above, the parties shall file a joint status report containing (1) a very brief description of the case;
(2) a statement of the status of discovery and other pertinent matters; (3) a list of pending
motions or other matters, whether at issue or not; (4) the status of alternative dispute resolution;
(5) when the parties anticipate the case will be ready for trial; and (6) how many trial days the
parties estimate will be needed.

IT IS FURTHER ORDERED that each party shall have a party representative present
at the status conference. If the representative is out of town, the representative may appear by
telephone.

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.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-018801

07/17/2014

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard

Deputy

SCHAUMBURG BANK & TRUST COMPANY
N A
ANTHONY CALI

v.

ARCITERRA NOTE FUND I I INVESTMENT
COMPANY L L C, et al.
JIMMIE W PURSELL JR.

DISMISSAL CALENDAR

Before the court is Defendants’ Notice of Settlement, dated July 17, 2014.

IT IS ORDERED setting this matter for dismissal on September 2, 2014. 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 status conference set for July 18, 2014.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/27/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
08/23/2012
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Carter
Deputy
SCHAUMBURG BANK & TRUST COMPANY
N A
ANTHONY CALI
v.
ARCITERRA NOTE FUND I I INVESTMENT
COMPANY L L C, et al.
JIMMIE W PURSELL JR.
RULING
Before the court is Plaintiff’s June 18, 2012, Motion for Partial Summary Judgment. No
response having been filed and good cause appearing,
IT IS ORDERED granting the Motion.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/26/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
10/25/2011
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
SCHAUMBURG BANK & TRUST COMPANY
N A
ANTHONY CALI
v.
ARCITERRA NOTE FUND I I INVESTMENT
COMPANY L L C, et al.
ARCITERRA NOTE FUND I I
INVESTMENT COMPANY L L C
NO ADDRESS ON RECORD
HEARING VACATED
The Court having received Plaintiff’s Notice of Change of Judge, electronically filed
October 21, 2011,
IT IS ORDERED vacating the Order to Show Cause Return Hearing set for
November 29, 2011 at 9:00 a.m.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/28/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
10/27/2011
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
R. Aguilera
Deputy
SCHAUMBURG BANK & TRUST COMPANY
N A
ANTHONY CALI
v.
ARCITERRA NOTE FUND I I INVESTMENT
COMPANY L L C, et al.
ARCITERRA NOTE FUND I I
INVESTMENT COMPANY L L C
NO ADDRESS ON RECORD
GRAYHAWK COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
RETREAT VILLAGE ASSOCIATION
AT GRAYHAWK, THE
NO ADDRESS ON RECORD
ARCITERRA REALTY L L C
NO ADDRESS ON RECORD
ARCITERRA D P F LETOURNEAU L L
C
NO ADDRESS ON RECORD
COURT ADMIN-CIVIL-CCC
JUDGE FOSTER
JUDGE HEGYI
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable George Foster. A Notice of Change
of Judge has been filed by Plaintiff. The case was transferred to the Presiding Civil Judge for
reassignment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
10/27/2011
Docket Code 066
Form V000A
Page 2
IT IS ORDERED that this case be assigned to Civil Calendar CVJ17, the Honorable
Hugh Hegyi, for all further proceedings. If any objections to the Notice of Change of Judge are
filed, the noticed judge retains jurisdiction to hear and decide the objections. Any objections
must be filed and a copy delivered to the noticed judge within twenty days of the date of this
order.
Pending:
⋅Application for Appointment of Receiver
⋅Order to Show Cause Hearing to be reset by new division
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.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/01/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
10/30/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
SCHAUMBURG BANK & TRUST COMPANY N
A
ANTHONY CALI
v.
ARCITERRA NOTE FUND I I INVESTMENT
COMPANY L L C, et al.
JIMMIE W PURSELL JR.
STATUS CONFERENCE SET
On the court’s own motion,
IT IS ORDERED setting an in-person status conference on December 13, 2013 at
10:30 a.m. (time allotted: 15 minutes) in this division for the purposes of discussing the progress
of this matter and determining whether the matter is ready to set trial. Counsel shall have their
calendars available for this proceeding.
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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
10/30/2013
Docket Code 028
Form V000A
Page 2
Fax: 602-372-8746
IT IS FURTHER ORDERED that in no less than five (5) days prior to the status
conference set herein, the parties shall submit a joint status report to the court that includes (1) a
very brief description of the case; (2) the status of discovery and other pertinent matters; (3) a list
of pending motions or other matters, whether at issue or not; (4) the status of alternative dispute
resolution; (5) when the parties anticipate the case will be ready for trial; and (6) how many trial
days the parties estimate will be needed.
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.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/17/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
11/15/2011
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
K. Ballard
Deputy
SCHAUMBURG BANK & TRUST COMPANY
N A
ANTHONY CALI
v.
ARCITERRA NOTE FUND I I INVESTMENT
COMPANY L L C, et al.
JIMMIE W PURSELL JR.
GRAYHAWK COMMUNITY
ASSOCIATION
C/O CAPITAL CONSULTANTS MGMT
8360 E VIA DE VENTURA STE L-100
SCOTTSDALE AZ 85258
RETREAT VILLAGE ASSOCIATION
AT GRAYHAWK, THE
C/O CAPITAL CONSULTANTS MGMT
8360 E VIA DE VENTURA STE L-100
SCOTTSDALE AZ 85258
DOCKET-CIVIL-CCC
HEARING
Courtroom: ECB-611
9:21 a.m. This is the time set for Order to Show Cause Return Hearing regarding
Plaintiff’s October 19, 2011 Application for Appointment of Receiver. Plaintiff Schaumburg
Bank & Trust Company, N.A. is represented by Counsel Scott A. Klundt and Anthony P. Cali.
With Messrs. Klundt and Cali is Tim Huff, a representative of the proposed Receiver, Case, Huff
& Associates, Inc. Defendants Arciterra Note Fund II Investment Company, LLC, Arciterra

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
11/15/2011
Docket Code 005
Form V000A
Page 2
DPF Letourneau, LLC, and Arciterra Realty, LLC are represented (telephonically) by Counsel
Jimmie W. Pursell, Jr. 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.
Plaintiff’s counsel advises the Court that the parties have reached an agreement with
regard to the appointment of a receiver with the appearing Defendants. With regard to the
remaining Defendants, Grayhawk Community Association and The Retreat Village Association
at Grayhawk, counsel indicates that they are finalizing a judgment with those Defendants and
have been advised that they also do not oppose the appointment of a receiver in this matter.
Affidavits of service with regard to the Grayhawk Defendants are provided to the Court
for review. As it appears the documents were filed at the night depository and have not yet
appeared in the Docket,
IT IS ORDERED directing the courtroom clerk to file the copies of the Affidavits of
Service in this matter.
FILED: Affidavits of Service (2)
Plaintiff requests to proceed with today’s hearing by default with respect to the
Grayhawk Defendants based on their failure to appear today.
IT IS ORDERED granting that request.
On the parties’ agreement,
IT IS FURTHER ORDERED approving and settling the formal written Order
Appointing Receiver (appointing Case, Huff & Associates, Inc.) signed by the Court on
November 15, 2011 and filed (entered) by the clerk on November 15, 2011.
9:37 a.m. Matter concludes.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/17/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
12/13/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
SCHAUMBURG BANK & TRUST COMPANY
N A
ANTHONY CALI
v.
ARCITERRA NOTE FUND I I INVESTMENT
COMPANY L L C, et al.
JIMMIE W PURSELL JR.
ALTERNATIVE DISPUTE
RESOLUTION - CCC
STATUS CONFERENCE SET
Courtroom: ECB-512
10:32 a.m. This is the time set for status conference. Plaintiff Schaumburg Bank & Trust
Company, NA is represented by Counsel Scott A. Klundt (appearing in place of Anthony Cali).
Defendants ArciTerra Note Fund II Investment Company, LLC; ArciTerra DPF LeTourneau,
LLC and ArciTerra Realty Company, LLC are represented by Counsel Jimmie W. Pursell, Jr.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The court has reviewed the parties’ December 5, 2013 Amended Joint Status Report.
Discussion is held regarding the claims in this case and the briefing regarding the pending
summary judgment motion.
At the request of counsel,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
12/13/2013
Docket Code 028
Form V000A
Page 2
IT IS ORDERED referring this case to the Superior Court’s Alternative Dispute
Resolution Department 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 conference. The judge pro
tempore is requested to conduct a settlement conference no later than April 15, 2014.
The
Office of Alternative Dispute Resolution will not do the scheduling of the settlement conference
so please do not contact that office.
All counsel and their clients, or non-lawyer representatives who have full and complete
authority to settle the case, and all self-represented parties must personally appear and
participate in good faith in the settlement conference. Sanctions may be imposed for failure to
participate.
IT IS FURTHER ORDERED extending the deadline for Defendants to respond to
Plaintiff’s July 19, 2013 Motion for Partial Summary Judgment to May 1, 2014.
IT IS FURTHER ORDERED setting a telephonic status conference on May 6, 2014 at
9:00 a.m. (time allotted: 15 minutes) in this division for the purpose of discussing the status of
discovery, alternative dispute resolution, and the progress of this matter towards trial. Plaintiff’s
counsel 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.
IT IS FURTHER ORDERED that in no less than five (5) days prior to the status
conference set herein, the parties shall submit a joint status report to the court that includes (1) a
very brief description of the case; (2) the status of discovery and other pertinent matters; (3) a list
of pending motions or other matters, whether at issue or not; (4) the status of alternative dispute
resolution; (5) when the parties anticipate the case will be ready for trial; and (6) how many trial
days the parties estimate will be needed.
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.
10:38 a.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-018801
12/13/2013
Docket Code 028
Form V000A
Page 3
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.

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