01/04/2023 — CV2021013330 ASSOCIATION, GRAYHAWK COMMUNITY 01/04/2023 HONORABLE JOSEPH P. MIKITISH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/06/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013330
01/04/2023
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH P. MIKITISH
E. Wolf
Deputy
GRAYHAWK COMMUNITY ASSOCIATION
CURTIS S EKMARK
v.
MICHAEL BRUCKLIER
MICHAEL BRUCKLIER
21122 N 75TH ST LOT 58
SCOTTSDALE AZ 85255
KELLIE J CALLAHAN
JUDGE MIKITISH
MINUTE ENTRY
The Court has received, reviewed, and considered the Parties’ Stipulation to Dismiss, filed
December 22, 2022. Good cause appearing,
IT IS ORDERED dismissing the above-entitled action with prejudice, each party to bear
their own attorney’s fees and costs, all in accordance with the formal written Order of Dismissal
signed by the Court January 4, 2023, and filed (entered) by the Clerk January 4, 2023.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. After the order has been scanned and docketed by the Clerk of Court,
additional
copies
of
the
order
will
be
available
through
ECR
Online
at
www.clerkofcourt.maricopa.gov and from the Public Access Terminals at the Clerk of Court’s
offices located throughout Maricopa County.
05/24/2022 — CV2021013330 ASSOCIATION, GRAYHAWK COMMUNITY 05/24/2022 HONORABLE JOSEPH P. MIKITISH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/25/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013330
05/24/2022
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH P. MIKITISH
E. Wolf
Deputy
GRAYHAWK COMMUNITY ASSOCIATION
CURTIS S EKMARK
v.
MICHAEL BRUCKLIER
MICHAEL BRUCKLIER
21122 N 75TH ST LOT 58
SCOTTSDALE AZ 85255
KELLIE J CALLAHAN
JUDGE MIKITISH
MINUTE ENTRY
The Court has received and reviewed Plaintiff’s Motion for Summary Judgment, and
accompanying Statement of Facts, filed January 21, 2022; Defendant’s Response thereto, filed
March 16, 2022; and the Reply, filed March 28, 2022. The Court has also received and reviewed
Plaintiff’s Motion for Summary Disposition pursuant to Ariz. R. Civ. P. 7.1(b). Therefore,
IT IS ORDERED setting a virtual Oral Argument Hearing for June 16, 2022 at 10:00
a.m. (time allotted: 1 hour) regarding Plaintiff’s Motion for Summary Judgment, filed January
21, 2022.
The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join my meeting from your computer, tablet or smartphone.
www.tinyurl.com/jbazmc-cvj12
You can also dial in using your phone (audio only)
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013330
05/24/2022
Docket Code 094
Form V000A
Page 2
+1 (917) 781-4590
Phone Conference ID: 508 176 593#
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/
NOTE: If a message is received stating that the courtroom is locked, stay on the line. The
previous hearing has not concluded. Once the prior hearing has concluded, admission shall be
granted into the virtual courtroom.
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.
If the parties are not familiar with the courtroom’s technology, they are encouraged to set
up an appointment with the court’s technology liaison at (602) 506-3269.
Pursuant to the Declaration of Emergency *COVID19* issued by Governor Ducey on
March 11, 2020, and consistent with Arizona Supreme Court Administrative Order 2020-114
issued on July 15, 2020, and Amended Administrative Order 2020-078 issued by Joseph C. Welty,
Presiding Judge of this Court, on May 29, 2020, the proceeding is being conducted electronically
using the Court Connect virtual audio-video platform. All participants, including the parties, their
lawyers, and the witnesses, are appearing electronically.
Consistent with the most recent Administrative Orders issued by the Arizona Supreme
Court and Joseph C. Welty, Presiding Judge of this Court, the proceeding is being conducted
electronically using the Court Connect audio-video platform. All participants, including the
patient, the lawyers, and the witnesses, are appearing electronically. The official record is
being maintained using the FTR system.
06/07/2022 — CV2021013330 ASSOCIATION, GRAYHAWK COMMUNITY 06/07/2022 HONORABLE JOSEPH P. MIKITISH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/08/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013330
06/07/2022
Docket Code 095
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH P. MIKITISH
E. Wolf
Deputy
GRAYHAWK COMMUNITY ASSOCIATION
CURTIS S EKMARK
v.
MICHAEL BRUCKLIER
MICHAEL BRUCKLIER
21122 N 75TH ST LOT 58
SCOTTSDALE AZ 85255
KELLIE J CALLAHAN
JUDGE MIKITISH
MINUTE ENTRY
The Court has received, reviewed, and considered Plaintiff’s Expedited Motion to Continue
Oral Argument Hearing Scheduled for Thursday, June 16, 2022 at 10:00 a.m. and Request to Reset
Hearing, filed June 6, 2022. Good cause appearing,
IT IS ORDERED approving and settling Plaintiff’s Expedited Motion to Continue Oral
Argument Hearing Scheduled for Thursday, June 16, 2022 at 10:00 a.m. and Request to Reset
Hearing all in accordance with the formal written Order Vacating Oral Argument Hearing
Scheduled for Thursday, June 16, 2022 at 10:00 a.m. and Resetting signed by the Court June 6,
2022 and filed (entered) electronically by the Clerk June 7, 2022.
In accordance with the aforementioned Order Vacating Oral Argument Hearing Scheduled
for Thursday, June 16, 2022 at 10:00 a.m. and Resetting,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013330
06/07/2022
Docket Code 095
Form V000A
Page 2
IT IS ORDERED vacating the virtual Oral Argument Hearing scheduled for June 16,
2022, and resetting the same for July 7, 2022 at 11:00 a.m. (time allotted: 1 hour) in this division
regarding Plaintiff’s Motion for Summary Judgment, filed January 21, 2022.
The hearing(s) will be held by phone/video conference via the Court Connect platform.
Please join my meeting from your computer, tablet or smartphone.
www.tinyurl.com/jbazmc-cvj12
You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 508 176 593#
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/
NOTE: If a message is received stating that the courtroom is locked, stay on the line. The
previous hearing has not concluded. Once the prior hearing has concluded, admission shall be
granted into the virtual courtroom.
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.
If the parties are not familiar with the courtroom’s technology, they are encouraged to set
up an appointment with the court’s technology liaison at (602) 506-3269.
Pursuant to the Declaration of Emergency *COVID19* issued by Governor Ducey on
March 11, 2020, and consistent with Arizona Supreme Court Administrative Order 2020-114
issued on July 15, 2020, and Amended Administrative Order 2020-078 issued by Joseph C. Welty,
Presiding Judge of this Court, on May 29, 2020, the proceeding is being conducted electronically
using the Court Connect virtual audio-video platform. All participants, including the parties, their
lawyers, and the witnesses, are appearing electronically.
Consistent with the most recent Administrative Orders issued by the Arizona Supreme
Court and Joseph C. Welty, Presiding Judge of this Court, the proceeding is being conducted
electronically using the Court Connect audio-video platform. All participants, including the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013330
06/07/2022
Docket Code 095
Form V000A
Page 3
patient, the lawyers, and the witnesses, are appearing electronically. The official record is
being maintained using the FTR system.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. After the order has been scanned and docketed by the Clerk of Court,
additional
copies
of
the
order
will
be
available
through
ECR
Online
at
www.clerkofcourt.maricopa.gov and from the Public Access Terminals at the Clerk of Court’s
offices located throughout Maricopa County.
07/28/2022 — CV2021013330 ASSOCIATION, GRAYHAWK COMMUNITY 07/28/2022 HONORABLE JOSEPH P. MIKITISH View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/03/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013330
07/28/2022
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH P. MIKITISH
E. Wolf
Deputy
GRAYHAWK COMMUNITY ASSOCIATION
CURTIS S EKMARK
v.
MICHAEL BRUCKLIER
MICHAEL BRUCKLIER
21122 N 75TH ST LOT 58
SCOTTSDALE AZ 85255
KELLIE J CALLAHAN
JUDGE MIKITISH
MINUTE ENTRY
East Court Building – Courtroom 913
1:46 p.m. This is the time set for a virtual Oral Argument regarding Plaintiff’s Motion for
Summary Judgment, filed January 21, 2022. Plaintiff Grayhawk Community Association is
represented by counsel of record, Curtis S. Ekmark. Defendant Michael Brucklier is present on his
own behalf. Plaintiff’s representative, David Van Omen, is also present. All participants are
present virtually via Court Connect.
A record of the proceeding is made digitally in lieu of a court reporter.
Based upon the argument presented, and for the reasons as stated on the record,
IT IS ORDERED denying Plaintiff’s Motion for Summary Judgment. The Parties are
encouraged to meet and confer in good faith regarding the remaining issues as raised during the
course of the hearing.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013330
07/28/2022
Docket Code 005
Form V000A
Page 2
2:13 p.m. Matter concludes.
12/17/2021 — CV2021013330 ASSOCIATION, GRAYHAWK COMMUNITY 12/17/2021 HONORABLE JOSEPH P. MIKITISH View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
12/20/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013330
12/17/2021
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOSEPH P. MIKITISH
E. Wolf
Deputy
GRAYHAWK COMMUNITY ASSOCIATION
CURTIS S EKMARK
v.
MICHAEL BRUCKLIER
MICHAEL BRUCKLIER
21122 N 75TH ST LOT 58
SCOTTSDALE AZ 85255
JUDGE MIKITISH
RULING
Plaintiff’s Motion for Judgment on the Pleadings
The Court has received, reviewed, and considered the Plaintiff, Grayhawk Community
Association's (“Grayhawk”), Motion for Judgment on the Pleadings, filed October 8, 2021. No
response was filed by the Defendant. Grayhawk filed a Motion for Summary Disposition on
October 28, 2021.
In its Motion, Grayhawk argues that the Defendant, Michael Brucklier (“Mr. Brucklier”),
failed to submit a proper answer and submitted a letter that does not deny any of the critical
allegations in the complaint.
Mr. Brucklier filed his answer on October 1, 2021 denying the allegations in the first ten
(10) paragraphs of the Complaint, as provided on the form of answer that he utilized. The form
indicated that "if you need more space, add an attachment labeled "Civil Answer," and continue
consecutive numbering." Mr. Brucklier’s answer did not add answers to paragraphs 11 through 21
of the complaint. The form, however, did provide "Defendant's General Denial: Defendant denies
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013330
12/17/2021
Docket Code 019
Form V000A
Page 2
anything stated in the Complaint that Defendant has not specifically admitted, qualified, or
denied."
Mr. Brucklier's Answer does provide a narrative at the end. The Court does not interpret
the narrative to be an admission to allegations of the Complaint. Therefore, judgment on the
pleadings is not appropriate.
Based on the foregoing, and finding no good cause to support the motion,
IT IS ORDERED denying the Plaintiff’s Motion for Judgment on the Pleadings.
