08/08/2023 — CV2023052947 HILBURN, AMY 08/08/2023 HONORABLE MICHAEL D. GORDON View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/09/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-052947
08/08/2023
Docket Code 087
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
C. Ladden
Deputy
AMY HILBURN
JONATHAN A DESSAULES
v.
STETSON VALLEY OWNERS ASSOCIATION,
et al.
OMAR CHAVEZ
5129 W TROTTER TRL
PHOENIX AZ 85083
JUDGE GORDON
MINUTE ENTRY
Before the Court is Plaintiff’s Application for an Order to Show Cause filed on August 1,
2023 and their Application and Memorandum in Support of Temporary Restraining Order and
Preliminary Injunction filed on August 1, 2023.
IT IS ORDERED that Defendants Stetson Valley Owners Association and Omar
Chavez are directed to appear virtually before this Court on September 14, 2023 at 8:45 a.m.
(time allotted: 15 minutes) to show cause why, if any, a temporary restraining order or
preliminary injunction should not be issued enjoining the Defendants from the acts specified in
Plaintiff’s Complaint. Counsel and any unrepresented parties shall appear by videoconference
through Court Connect for this conference.
Please join the hearing from your computer, tablet, or smartphone:
https://tinyurl.com/jbazmc-cvj16
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-052947
08/08/2023
Docket Code 087
Form V000A
Page 2
Telephonic appearances are generally discouraged, as better communication is facilitated
when all parties are visible. However, if a party is unable to participate by videoconference, they
may dial in using their telephone.
United States: +1 (917) 781-4590
Courtroom Conference ID: 826 490 596#
Use of the above link can be made easier by downloading the Microsoft Teams application first;
for more on the new platform, including an introduction video and participant guide, please
visit: https://superiorcourt.maricopa.gov/court-connect
This is a 15-minute return hearing only – no evidence will be taken. At the hearing,
the Court will determine whether an evidentiary hearing will be set.
IT IS FURTHER ORDERED that Plaintiff shall serve this minute entry, along with the
Summons, Complaint, Application for Temporary Restraining Order and Preliminary Injunction,
and Application and Memorandum in Support of Temporary Restraining Order and Preliminary
Injunction no later than 5:00 p.m. on September 7, 2023.
NOTE: All Court proceedings are recorded digitally and not by a court reporter. Pursuant
to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter
is not mandated by Arizona Supreme Court Rule 30, the party must submit a written request to
the assigned judicial officer at least ten (10) judicial days in advance of the hearing, and must
pay the authorized fee to the Clerk of the Court at least two (2) judicial days before the
proceeding. The fee is $140 for a half-day and $280 for a full day.
WARNING: Failure to appear on the date and time indicated above may result in
the Court summarily granting the injunctive relief being requested by the Plaintiff.
/ s / HONORABLE MICHAEL D. GORDON
HONORABLE MICHAEL D. GORDON
JUDGE OF THE SUPERIOR COURT
09/14/2023 — CV2023052947 HILBURN, AMY 09/14/2023 HONORABLE MICHAEL D. GORDON View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/18/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-052947
09/14/2023
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
C. Ladden
Deputy
AMY HILBURN
JONATHAN A DESSAULES
v.
STETSON VALLEY OWNERS ASSOCIATION,
et al.
JOSHUA M BOLEN
JUDGE GORDON
MINUTE ENTRY
NER – Courtroom 111
8:46 a.m. This is the time set for an Order to Show Cause Hearing on Plaintiff’s
Application and Memorandum in Support of Temporary Restraining Order and Preliminary
Injunction filed on August 1, 2023. Plaintiff is represented by counsel, Ashley Hill, appearing on
behalf of Jonathan A. Dessaules. Defendants are represented by counsel, Joshua Bolen. All
parties are present via Court Connect audio-video platform.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding case status and whether an Evidentiary Hearing is necessary.
Based on the matters presented,
IT IS ORDERED setting an Evidentiary Hearing on Plaintiff’s Application and
Memorandum in Support of Temporary Restraining Order and Preliminary Injunction filed on
August 1, 2023 for October 20, 2023 at 1:30 p.m. (time allotted: 3 hours) in this Division.
Counsel and the parties, if representing themselves, are to appear in person before:
The Honorable Michael D. Gordon
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-052947
09/14/2023
Docket Code 056
Form V000A
Page 2
Northeast Regional Court Center
Courtroom 111
18380 North 40th Street
Phoenix, Arizona 85032
Phone: 602-372-0762
PRE-HEARING STATEMENT. The parties shall file with the Court no later than 5:00
p.m. on October 13, 2023, a Pre-Hearing Statement, signed by all counsel (and any self-
represented party) and containing the following. This order modifies the requirements of Ariz. R.
Civ. P. 16(f).
1. List of Claims. The Joint Pretrial Statement must contain a list of all claims or causes of
action on which a relief is sought by any party.
2. No List of Issues. The requirements of Ariz. R. Civ. P. 16(f)(2)(A), (B) and (C) are
waived. The parties need not prepare a list of stipulations, agreed contested issues or
other issues considered material. Disputes over what issues are properly in the case will
be decided under Rule 26.1. The parties may, if they wish, submit one or more separate
stipulations regarding facts, evidence or other matters.
3. Witnesses. The Joint Pretrial Statement must include an exhibit entitled Witness List,
which must list each witness a party expects to call at trial (in person or by deposition)
and the day on which they expect to call that witness. If the Court finds that a party
unreasonably included witnesses not likely to be called at trial, it may consider
appropriate sanctions.
4. Trial Exhibits. As required by Rule 16(f)(2)(E), all trial exhibits must be listed in the
Joint Pretrial Statement along with objections. The Court typically resolves objections to
exhibits at trial, but objections must be listed in the Joint Pretrial Statement to be
preserved. If the Court finds that a party unreasonably included exhibits not likely to be
used at trial, it may consider appropriate sanctions.
5. Deposition Designations. Deposition designations and objections should not be
included in the Joint Pretrial Statement, but must be submitted to the Court three judicial
days before the start of trial. The Court will resolve deposition designations as follows:
By 4:00 p.m. the day before a party plans to read deposition testimony, that party must
provide the Court a hard copy of the deposition transcript with (1) the portions to be read
highlighted, (2) any counter-designations highlighted in a different color, and (3) any
objections written in the margin. The Court will rule on any objections by the next day.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-052947
09/14/2023
Docket Code 056
Form V000A
Page 3
If the party plans to play a video deposition, the transcript must be provided by 4:00 p.m.
two days before the deposition will be played.
6. Other Matters. The Joint Pretrial Statement must include the matters in Ariz. R. Civ. P.
16(f)(2)(H) - (M).
IT IS FURTHER ORDERED that the parties shall hand-deliver all exhibits for the
Evidentiary Hearing to this Division’s inbox at the entry to the Northeast Regional Court
no later than 12:00 p.m. on October 13, 2023. Please note the exhibits are due hard-copy,
not electronically.
For submitting paper exhibits, please adhere to the following guidelines:
1. Exhibits will be marked consecutively. The clerk cannot reserve numbers for exhibits
that will be provided at a later date. Any missing exhibits will not be considered and
the numbers of all following exhibits will be moved up. If Defendant’s exhibits are
received prior to Plaintiff’s exhibits, the clerk may mark them first with Plaintiff’s
exhibits following.
2. Original depositions will not be marked as an exhibit. Original depositions to be used
for impeachment purposes shall be provided to the clerk on the first day of trial to be
hand-filed.
3. Do not submit duplicate exhibits. It is essential that the parties confer to avoid
submitting duplicate exhibits.
4. If large charts or enlarged photos are anticipated to be used, please include a small
version (or photo) which can be marked as the exhibit. The charts and blow-ups are
used for demonstrative purpose only, are not marked as the exhibits, and are returned.
5. Each multiple page exhibit MUST be securely fastened together by staple or pronged
fasteners. DO NOT use paper clips, rubber bands, binder clips or submit loose
sheets of paper.
6. Do not put numbers on the exhibits themselves; instead, use a COLORED sheet
with the exhibit number on it. Place the colored sheet in front of each exhibit,
however, DO NOT staple or paper-clip it to the exhibit itself (this should be the
only loose sheet).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-052947
09/14/2023
Docket Code 056
Form V000A
Page 4
7. The parties are to provide a workable list of exhibits. The list should include a title or
description of each exhibit. (See blank sample of the following table as a reference).
Keep the descriptions of the exhibits simple (bank statement, article, letter, email,
etc.). Do not use a description that cannot be verified by looking at the first page of
document or item. Do not include Bates numbers in your description of the exhibits,
as they do not constitute a simple description.
8. If media files or video-recordings are anticipated to be submitted for marking, please
submit them on thumb-drives, not on a CD, and deliver them to the Clerk of Court at
the time of exhibit submission. A separate thumb-drive must be used for each file.
Exhibit
No.
Identified
By
Description
Should be verifiable when viewing the first page of the exhibit
Stipulated in
Evidence/Objection
PLEASE NOTE: Each party shall provide a binder of exhibits for the Court’s use.
Each exhibit shall be separated by numbered divider tabs.
Discussion is held regarding conducting expedited discovery prior to the Evidentiary
Hearing. Once an Answer has been filed, counsel may meet and confer and submit a proposed
scheduling order with discovery deadlines.
Discussion is held regarding service and the filing of Defendants’ Answer. Counsel
Bolen advises the Court that he intends to file an Answer next week. Counsel further advises the
Court that a stipulation has been reached with Defendant Chavez and he will be dismissed from
this matter.
8:54 a.m. Matter concludes.
NOTICE: Exhibits Marked But Not Offered
Exhibits submitted to the Court for an evidentiary hearing/trial that are marked as exhibits but are
not offered into evidence at the evidentiary hearing/trial will be destroyed following the hearing/trial,
unless a party requests that the evidence be returned at the conclusion of the hearing/trial. Such
requests must be filed with the Court and served on all parties in advance of the hearing or by no
later than the conclusion of the hearing/trial.
NOTE: All court proceedings are recorded digitally and not by a court reporter. Pursuant
to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a court reporter
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-052947
09/14/2023
Docket Code 056
Form V000A
Page 5
is not mandated by Arizona Supreme Court Rule 30, the party must submit a written request to the
assigned judicial officer at least ten (10) judicial days in advance of the hearing and must pay the
authorized fee to the Clerk of the Court at least two (2) judicial days before the proceeding. The
fee is $140 for a half-day and $280 for a full day.
10/03/2023 — CV2023052947 HILBURN, AMY 10/03/2023 HONORABLE MICHAEL D. GORDON View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/04/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-052947
10/03/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
E. Wong
Deputy
AMY HILBURN
JONATHAN A DESSAULES
v.
STETSON VALLEY OWNERS ASSOCIATION,
et al.
STETSON VALLEY OWNERS
ASSOCIATION
DELORES FERGUSON
8360 E VIA DE VENTURA BLVD #
L100
SCOTTSDALE AZ 85258
COMM. GIALKETSIS
JUDGE GORDON
DEFAULT REFERRAL
Before the Court is Plaintiff’s September 26, 2023, e-filed Application for Entry of Default
on Defendant Stetson Valley Owners Association against Defendant Stetson Valley Owners
Assocation in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).
The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Cynthia Gialketsis.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-052947
10/03/2023
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.
Pursuant to the Maricopa County eFiling Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the Application
for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit, and
Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet in paper to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form.
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp
