01/31/2018 — CV2017055475 BROWN, WILLIAM M 01/31/2018 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/01/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
01/31/2018
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
1754 LAKEVIEW ESTATE DR
COLDSPRING TX 77331
v.
TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN
JUDGE STEPHENS
RULING
IT IS ORDERED Plaintiff’s Motion to Transfer Related Civil Case (CV2017-013317) is
denied.
01/31/2018 — CV2017055475 BROWN, WILLIAM M 01/31/2018 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
02/01/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
01/31/2018
Docket Code 079
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
1754 LAKEVIEW ESTATE DR
COLDSPRING TX 77331
v.
TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN
DOCKET - NE
CASE DISMISSED - PARTIAL
The fiduciary duties of HOA directors are owed to the HOA, not to individual HOA
members such as Mr. Brown.
IT IS THEREFORE ORDERED the Motion to Dismiss Board of Director Defendants
Laaveg, Tolk, Greig and Ellington is granted.
/s/ John R. Hannah
________________________
John R. Hannah
Judge of the Superior Court
01/31/2018 — CV2017055475 BROWN, WILLIAM M 01/31/2018 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
02/01/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
01/31/2018
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
1754 LAKEVIEW ESTATE DR
COLDSPRING TX 77331
v.
TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN
DOCKET - NE
CASE DISMISSED - PARTIAL
The plaintiff’s complaint does not state a claim against defendants Carpenter,
Hazlewood, Delgado & Bolen, PLC, Bolen and Patel. These defendants are named in the
caption only. The body of the complaint alleges nothing that they allegedly did wrong. It does
not even allege that they have a duty to Mr. Brown. Lawyers ordinarily owe no duty to an
opposing party.
IT IS ORDERED the Motion to Dismiss Defendants Bolen, Patel and Carpenter,
Hazlewood Delgado & Bolen, LLP is granted. The issue of attorneys’ fees is deferred to then
end of the case.
/s/ John R. Hannah
________________________
John R. Hannah
Judge of the Superior Court
06/04/2018 — CV2017055475 BROWN, WILLIAM M 06/04/2018 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Filed ***
06/06/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
06/04/2018
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
1754 LAKEVIEW ESTATE DR
COLDSPRING TX 77331
v.
TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN
MINUTE ENTRY
Before the Court are the parties’ filings pursuant to the order entered on October 27,
2017. The Court ordered the plaintiff to file a supplement to his Application for Order to Show
Cause “that specifies precisely what it is that he believes the defendants should have produced
that they have not produced and as to which the failure to produce is a violation of the
administrative law judge’s order.” The plaintiff submitted his filing, the defendant responded
and the plaintiff replied. The Court has delayed addressing the matter based on the plaintiff’s
request that the matter be stayed through April 2, 2018.
The Court now finds that the defendant has complied with the administrative law judge’s
order. The documents produced on October 27, 2017, the documents previously produced at the
time of the ALJ’s order in July and the information forwarded through the defendant’s attorney,
taken together, provide a complete and coherent answer to the questions posed by the plaintiff.
Even assuming for the sake of discussion that the plaintiff could prove that the defendant has not
acted in good faith in the past, and that its representatives have not been credible, the plaintiff
has not made a colorable showing that the defendant is likely to have additional responsive
information.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
06/04/2018
Docket Code 019
Form V000A
Page 2
IT IS THEREFORE ORDERED dismissing the Application for an Order to Show Cause
with prejudice.
Because the defendant arguably did not produce some of the responsive documents until
after the plaintiff had filed suit, the Court finds that the defendant is not the prevailing party for
purposes of A.R.S. sections 12-341 and 12-341.01. Even if it was, the Court in its discretion,
after considering the Associated Indemnity factors, would not award attorneys’ fees.
IT IS THEREFORE ORDERED the defendants’ request for an award of attorneys’ fees
and costs is denied.
No further matters are pending in this case. Judgment is entered pursuant to Ariz. R. Civ.
P. 54(c).
/s/ John R. Hannah
________________________
John R. Hannah
Judge of the Superior Court
09/08/2017 — CV2017055475 BROWN, WILLIAM M 09/08/2017 HON. RANDALL H. WARNER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/11/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
09/08/2017
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
D Arrieta
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DRIVE
SCOTTSDALE AZ 85266
v.
TERRAVITA COUNTRY CLUB INC, et al.
COURT ADMIN-CIVIL-CCC
JUDGE AIMEE ANDERSON
JUDGE HANNAH
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Aimee Anderson. A Notice of
Change of Judge has been filed by Plaintiff. The case was transferred to the Civil Presiding
Judge for reassignment.
IT IS ORDERED that this case be assigned to Civil Calendar CVJ-16, the Honorable
John Hannah, 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 20 days of the date of this order.
IT IS FURTHER ORDERED that any and all hearings set by the noticed judge are
vacated, to be reset by the new division.
IT IS FURTHER ORDERED that the parties shall jointly file within 10 days of the
date of this minute entry, a notice with the new division listing any outstanding motions
(including the file dates), whether they are ripe for resolution, and any hearings that need to be
reset.
10/18/2017 — CV2017055475 BROWN, WILLIAM M 10/18/2017 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/20/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
10/18/2017
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DRIVE
SCOTTSDALE AZ 85266-7029
v.
TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN
STATUS CONFERENCE SET
Courtroom 102 - NE
8:43 a.m. This is the time set for Return Hearing Re: Plaintiff’s Application for Order to
Show Cause. Plaintiff William M. Brown is present on his own behalf. Defendants Terravita
Country Club Inc., et al. are represented by counsel, Joshua M. Bolen.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held.
8:50 a.m. Court stands at recess.
9:05 a.m. Court reconvenes with respective parties and counsel present.
A record of the proceedings is made digitally in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
10/18/2017
Docket Code 028
Form V000A
Page 2
Discussion is held.
IT IS ORDERED setting a Status Conference on October 27, 2017 at 11:30 a.m. (15
minutes allotted) in this division. The parties may appear personally or by telephone (602) 372-
0759.
If Mr. Brown is satisfied that the defendant has satisfied the records disclosure
requirement of the administrative order, he should let the Court know and the hearing will be
vacated and the matter will be considered resolved. If it is not resolved to Mr. Brown’s
satisfaction, then the Court will set further proceedings, as may be necessary, at the status
conference.
9:10 a.m. Hearing concludes.
10/27/2017 — CV2017055475 BROWN, WILLIAM M 10/27/2017 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/31/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
10/27/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DRIVE
SCOTTSDALE AZ 85266-7029
v.
TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN
ORDER ENTERED BY COURT
Courtroom 102 - NE
11:31 a.m. This is the time set for Status Conference. Plaintiff William M. Brown is
present personally on his own behalf. Defendants Terravita Country Club Inc., et al. are
represented by counsel, Joshua M. Bolen, who appears telephonically.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held.
IT IS ORDERED that plaintiff shall file a supplement to his application within ten
business days of today’s date that specifies precisely what it is that he believes the defendants
should have produced that they have not produced and as to which the failure to produce is a
violation of the administrative law judge’s order.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
10/27/2017
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED that plaintiff’s supplement shall also state what has been
produced to the extent that that is necessary for the Court to understand the plaintiff’s position on
how the order remains not complied with.
IT IS FURTHER ORDERED that within ten business days after the plaintiff’s filing the
defendant shall file a response. The plaintiff will then have five business days in which to file a
reply. If the plaintiff believes (after receiving the response) that an evidentiary hearing is still
necessary the plaintiff may make a request for an evidentiary hearing in his reply and the Court
will take up the issue.
The Court will not address today the response date to the motions to dismiss. The parties
have stipulated to November 13, 2017 and that will be the due date absent further agreement
between the parties.
11:51 a.m. Hearing concludes.
11/07/2017 — CV2017055475 BROWN, WILLIAM M 11/07/2017 HONORABLE JOHN R. HANNAH JR View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/09/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-055475
11/07/2017
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOHN R. HANNAH JR
W. Tenoever
Deputy
WILLIAM M BROWN
WILLIAM M BROWN
6751 E AMBER SUN DRIVE
SCOTTSDALE AZ 85266-7029
v.
TERRAVITA COUNTRY CLUB INC, et al.
JOSHUA M BOLEN
RULING
The Court has reviewed and considered Plaintiff’s Motion for Extension of Time to File
Response(s) to Defendants’ Motions to Dismiss and Request for Expedited Consideration.
IT IS ORDERED Plaintiff’s Motion for Extension of Time to File Response(s) to
Defendants’ Motions to Dismiss is denied.
