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Maricopa County Superior Court Case CV2012-094261: public docket details, parties, minute entries, documents, and official source links for Bolen, Joshua – DOB: N/A.

Case Number

CV2012-094261

County

Maricopa

Caption

Not captured

Filed

6/1/2012

Case Type

Civil

Judge

Valenzuela, Michael

Location

Southeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/10/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
01/09/2013
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
4 A A R HOLDINGS L L C
NO ADDRESS ON RECORD
SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
JOHNSON BANK
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
FORANGE L L C
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
MINUTE ENTRY
IT IS ORDERED setting this matter for an Evidentiary Hearing and Default Hearing on
March 25, 2013 at 1:30 p.m. (Time allotted: 3 hours for Evidentiary Hearing and 15
minutes for the Default Hearing) before:
THE HONORABLE EMMET J. RONAN
SUPERIOR COURT OF ARIZONA

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
01/09/2013
Docket Code 056
Form V000A
Page 2
SOUTHEAST COURTHOUSE
COURTROOM 205
222 E. JAVELINA
MESA, AZ 85210
IT IS FURTHER ORDERED any evidence intended to be submitted as exhibits at the
time of the Evidentiary Hearing must be brought to Courtroom 205 at least two (2) business days
prior to the hearing, along with an attached cover sheet listing the description of the exhibits.
NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION 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 ***

01/21/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

01/20/2015

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS

MINUTE ENTRY

The Court has previously scheduled a Final Pretrial Conference. Amended Rule 16(g)
provides for the scheduling of a Trial Management Conference. The Court hereby gives notice
that it will also hold a Trial Management Conference at the time set for the Final Pretrial
Conference in this case.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

02/20/2015

Docket Code 026
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS

MINUTE ENTRY

Courtroom 203-SEA

3:00 p.m. This is the time set for Pretrial Conference/Trial Management Conference in
this case. Counsel, Lindsey O. Stearns, is present for Plaintiffs Troon Ridge Estates III & IV
Homeowners Association; Delgado; O’Connor and Bolen. Counsel, Elijah W. Rosov, is present
for Defendants Forange, LLC. Defendant (sole member of Forange, LLC), Michael Ripson, is
present with counsel, Elijah W. Rosov.

Prior to commencement of today’s proceeding, Plaintiff’s Exhibits 1-7 and Defendants’
Exhibits 8-27 were marked for identification.

4:20 p.m. Counsel and Mr. Ripson are present in the courtroom.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

02/20/2015

Docket Code 026
Form V000A
Page 2

A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.

IT IS ORDERED setting another Trial Management Conference for March 5, 2015 at
1:30 p.m.

IT IS ORDERED that the following be present in court for the Trial Management
Conference: Plaintiff’s trial counsel; Defendant’s trial counsel; the person or people who have
full settlement authority for Plaintiff; and Mr. Michael Ripson.

Discussion is held regarding Count II.

4:23 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/04/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
CV 2012-018064
03/01/2013
Docket Code 053
Form V053
Page 1
CLERK OF THE COURT
HONORABLE RUTH H. HILLIARD
T. Soto
FOR HONORABLE EMMET RONAN
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
4 A A R HOLDINGS L L C
NO ADDRESS ON RECORD
SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
JOHNSON BANK
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
FORANGE L L C
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
DOCKET-CIVIL-SE
CASE CONSOLIDATION
On Motion of Plaintiff's,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
CV 2012-018064
03/01/2013
Docket Code 053
Form V053
Page 2
IT IS ORDERED consolidating cause numbers CV2012-094261 and CV 2012-018064
under cause number CV 2012-094261 for all further proceedings.
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 ***

03/09/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

03/05/2015

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
LINDSEY O STEARNS

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD

MINUTE ENTRY

Courtroom 203-SEA

1:30 p.m. This is the time set for Trial Management Conference in this case. Counsel,
Lindsey Stearns is present for plaintiffs. Counsel, Elijah W. Rosov is present for the Forange,
LLC defendants. Michael Ripson is present as the agent for Forange, LLC.

3:44 p.m. A record of the proceedings is made by audio and/or videotape in lieu of a
court reporter.

Court and counsel discuss the case off the record both in chambers and in the courtroom.

IT IS ORDERED setting a Telephonic Status Conference for March 9, 2015 at 1:30
p.m. before:

HONORABLE MARK F. ACETO
SOUTHEAST ADULT FACILITY

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

03/05/2015

Docket Code 028
Form V000A
Page 2

COURTROOM 203
222 EAST JAVELINA
MESA AZ 85210

NOTE: Plaintiff shall be responsible for initiating the conference call by calling this
division at 602-506-5261, with all participating parties and counsel on the line, at the date and
time specified above. Counsel who will be lead counsel at trial must participate in the
Telephonic Status Conference.

3:47 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/10/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

03/09/2015

Docket Code 004
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
LINDSEY O STEARNS

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262

MINUTE ENTRY

The court has received and reviewed the parties’ Stipulation to Continue Telephonic
Status Conference electronically filed March 9, 2015 in this case.

IT IS ORDERED accepting the stipulation, all in accordance with the formal written
Order signed by the Court on March 9, 2015 and entered (filed) by the clerk on March 9, 2015.

IT IS FURTHER ORDERED vacating the Telephonic Status Conference currently set
on March 9, 2015 and resetting same to March 11, 2015 at 2:00 p.m. before:

HONORABLE MARK F. ACETO
SOUTHEAST ADULT FACILITY
COURTROOM 203
222 EAST JAVELINA

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

03/09/2015

Docket Code 004
Form V000A
Page 2

MESA AZ 85210

NOTE: Plaintiff shall be responsible for initiating the conference call by calling this
division at 602-506-5261, with all participating parties and counsel on the line, at the date and
time specified above. Counsel who will be lead counsel at trial must participate in the
Telephonic Status Conference.

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.

FILED: Order, signed 3/9/15

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/13/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

03/11/2015

Docket Code 081
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
LINDSEY O STEARNS

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262

MINUTE ENTRY

On March 11, 2015, the parties filed a “Stipulation Regarding Dismissal of Action”. The
court accepts this stipulation.

Under the circumstances,

IT IS ORDERED vacating the trial that had been scheduled for March 18, 2015.

With respect to Count I, regarding plaintiff’s claim that plaintiff is entitled to foreclose on
the subject property, the court finds in favor of defendants. Further,

IT IS ORDERED establishing April 3, 2015 as the deadline for application for fees and
costs. Finally,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

03/11/2015

Docket Code 081
Form V000A
Page 2

IT IS ORDERED placing the case on the Dismissal Calendar for dismissal on April 13,
2015. Unless an application for an award of fees and costs is submitted to the Court before that
date, all remaining unadjudicated claims will be dismissed without further notice.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/12/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

03/11/2015

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
LINDSEY O STEARNS

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262

MINUTE ENTRY

Courtroom 203-SEA

2:18 p.m. This is the time set for Telephonic Status Conference in this case. Counsel,
Lindsey O. Stearns participates for plaintiff. Counsel, Elijah W. Rosov participates for
defendant.

Court and counsel discuss the status of the case. Counsel reports that they have filed a
stipulation.

2:24 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/21/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
03/20/2013
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RUTH H. HILLIARD
T. Soto
FOR HONORABLE EMMET RONAN
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
4 A A R HOLDINGS L L C
NO ADDRESS ON RECORD
SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
JOHNSON BANK
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
FORANGE L L C
NO ADDRESS ON RECORD
LINDSEY N O'CONNOR
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
MINUTE ENTRY
The Court has received an Expedited Stipulation to Continue Evidentiary Hearing and
Default Hearing Scheduled for Monday, March 25, 2013 at 1:30 p.m. and Request to Reset
Hearing. Good cause appearing,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
03/20/2013
Docket Code 003
Form V000A
Page 2
IT IS ORDERED vacating the Evidentiary/Default Hearing on March 25, 2013 at 1:30
p.m. and resetting same on July 8, 2013 at 1:30 p.m. before:
THE HONORABLE DAVID K. UDALL
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 205
222 E. JAVELINA
MESA, AZ 85210
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 ***

03/26/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

03/25/2015

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
LINDSEY O STEARNS

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262

MINUTE ENTRY

Pursuant to a request filed on March 25, 2015,

IT IS ORDERED extending the deadline for applications for fees and costs to April 27,
2015.

In order to ensure that this judge has a fair opportunity to rule on requests for fees and
costs before he rotates off of the calendar,

IT IS ORDERED as follows:

 All pleadings regarding applications for fees and costs must be electronically
delivered to adverse counsel.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

03/25/2015

Docket Code 376
Form V000A
Page 2

 The deadline for responses to applications for fees and costs is May 11, 2015.

 The deadline for any reply in support of an application for fees and costs is May
18, 2015.

Further,

IT IS ORDERED continuing this case on the Dismissal Calendar for dismissal on May
7, 2015. Unless an application for an award of fees and costs is submitted to the court before
that date, all remaining unadjudicated claims will be dismissed without further notice.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/29/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

04/27/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
LINDSEY O STEARNS

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262

MINUTE ENTRY

Courtroom 203-SEA

5:00 p.m. This is the time set for Telephonic Status Conference. Counsel, Lindsey O.
Stearns, participates for plaintiff. Counsel, Elijah W. Rosov, participates for defendant(s).

This matter comes on in the courtroom off the record.

On defendant’s request and there being no opposition,

IT IS ORDERED extending the deadline for applications for fees and costs to May 8,
2015.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

04/27/2015

Docket Code 019
Form V000A
Page 2

In order to ensure that this judge has a fair opportunity to rule on requests for fees and
costs before he rotates off of the calendar,

IT IS ORDERED as follows:

 All pleadings regarding applications for fees and costs must be electronically
delivered to adverse counsel.

 The deadline for responses to applications for fees and costs is May 22, 2015.

 The deadline for any reply in support of an application for fees and costs is May
29, 2015.

Further,

IT IS ORDERED continuing this case on the Dismissal Calendar for dismissal on May
15, 2015. Unless an application for an award of fees and costs is submitted to the court before
that date, all remaining unadjudicated claims will be dismissed without further notice.

5:10 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/11/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

05/07/2015

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
LINDSEY O STEARNS

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
JOSHUA M BOLEN

MINUTE ENTRY

The court has received and reviewed the parties’ Expedited Stipulation to Extend Filing
Deadlines and Request to Continue on Dismissal Calendar.

IT IS ORDERED accepting the stipulation electronically filed on May 6, 2015, all in
accordance with the formal written order signed by the court on May 7, 2015 and entered (filed)
by the clerk on May 7, 2015.

IT IS FURTHER ORDERED extending the date for simultaneous filing of fee
applications to May 15, 2015. Further,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

05/07/2015

Docket Code 376
Form V000A
Page 2

IT IS ORDERED continuing this case on the Dismissal Calendar for dismissal on May
21, 2015. Unless an application for an award of fees and costs is submitted to the court before
that date, all remaining unadjudicated claims will be dismissed without further notice.

Please note: The court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the clerk of court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the public access terminals
at the clerk of court’s offices located throughout Maricopa County.

FILED: Order, signed 5/7/15

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/12/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

05/09/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
K. Gilmet

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
JOHNSON BANK
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS
ANDREW J VAN LOON
COMM. BENNY

MINUTE ENTRY

This division has received Plaintiff’s e-filed Application/Affidavit for Default Judgment
against Defendant(s) Forange, LLC, 4AAR Holdings, LLC, Johnson Bank, Scottsdale
Mountain Community Association, and Citibank (South Dakota), N.A. in the above-
captioned case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

05/09/2014

Docket Code 023
Form V000A
Page 2

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
Margaret Benny.

IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.

Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
default coversheet and copies of the necessary filed documents to the Commissioner’s division
for the entry of a default judgment.

IT IS FURTHER ORDERED, no further action will be taken by the assigned
Commissioner until the necessary filed documents and coversheet are delivered to the division.

The parties/counsel can find the 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

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/16/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

06/09/2015

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
LINDSEY O STEARNS

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
BRADLEY R JARDINE

MINUTE ENTRY

On April 8, 2015, attorney Bradley Jardine filed a “Motion for Attorney’s Fees” on
behalf of Troon Ridge Estates III & IV Homeowners Association (the “HOA”). On May 15,
2015, attorney Lindsey Stearns filed an “Application in Support of Attorney’s Fees and Costs”
on behalf of the HOA. On May 15, 2015, attorney Elijah Rosov filed an “Application for an
Award of Attorneys’ Fees” on behalf of Forange. On May 15, 2015, Mr. Rosov also filed a
“Notice and Amendment”. Through this document, Forange seeks an award of costs. The court
has reviewed the pleadings.

The court makes note of the following:

 On June 1, 2012, the HOA filed a complaint against Forange.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

06/09/2015

Docket Code 376
Form V000A
Page 2

 On December 10, 2012, Forange filed a complaint against the HOA.

 The two complaints were ultimately consolidated under one cause number.

 This case can be divided into four parts: (1) the HOA’s claim for unpaid
assessments (asserted in count 1 of the HOA’s complaint); (2) the HOA’s claim
for lien foreclosure (also asserted in count 1 of the HOA’s complaint); (3) the
HOA’s allegations that Forange violated certain aspects of the CC&Rs (asserted
in count 2 of the HOA’s complaint); and (4) Forange’s claims that the HOA
recorded a groundless document (asserted in Forange’s complaint).

 As noted above, the first part of this case was the HOA’s claim for unpaid
assessments. Regarding this part of the case, the HOA ultimately succeeded in
obtaining the relief it sought. More specifically, on July 23, 2013 (13 months
after the HOA filed its complaint), Forange finally paid the previously unpaid
assessments.

 The second part of the case was the HOA’s lien foreclosure claim. Forange
prevailed on this part of the case.

 The third part of the case was the HOA’s allegations that Forange was guilty of
CC&R violations. This part of the case was ultimately dismissed pursuant to
agreement of the parties. That said, the parties did not agree who was the
successful party regarding this part of the case.

 Regarding the third part of the case, the HOA obtained none of the relief it
sought.1 Additionally, Forange obtained the precise result it was seeking, i.e.
dismissal. Given all of the circumstances (including but not limited to those
discussed in this minute entry), the court finds Forange to be the successful party
regarding the third part of this case.

 The fourth part of this case was Forange’s claims that the HOA had recorded
groundless documents. The HOA was the successful party on this part of the
case.

1 The “Stipulation Regarding Dismissal” did recite that the “Declaration applies to [Forange’s] Property….” While
plaintiff might suggest this to be a victory, it is not. Forange never claimed that the Declaration did not apply to
Forange’s Property. The “Stipulation Regarding Dismissal” also recited that the “Property is currently in
compliance with the Declaration….” While plaintiff might suggest this to be a victory, it is not. From Forange’s
perspective, this was simply a statement that Forange had been and continued to be in compliance with the
Declaration.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

06/09/2015

Docket Code 376
Form V000A
Page 3

COSTS

The HOA succeeded on parts of this consolidated case. Likewise, Forange succeeded on
parts of this consolidated case.

A.R.S.§12-341 makes it mandatory that the successful party to a civil action recover from
its adversary all taxable costs. Where there are multiple claims, the trial court has discretion to
determine the prevailing party. Hooper v. Truly Nolen, 171 Ariz. 692, 695 (App. 1992).

After considering all of the circumstances, the court finds Forange to be the prevailing
party in this consolidated case and

IT IS ORDERED awarding taxable costs to Forange in the amount of $994.05.2

FEES REGARDING UNPAID ASSESSMENTS

The court makes note of the following:

 As noted above, the HOA succeeded on the first part of the case, i.e. the HOA’s
claim for unpaid assessments.

 The CC&Rs generally mandate an award of fees to a party who has successfully
prosecuted a claim to enforce the CC&Rs. That said, a party seeking to recover
fees must establish the amount of fees incurred.

 The HOA has not established the amount of fees incurred regarding prosecution
of its unpaid assessment claim.3

Under the circumstances,

IT IS ORDERED denying the HOA’s application for an award of fees pursuant to the
CC&Rs as to the HOA’s claim for unpaid assessments.

FORANGE’S COMPLAINT

2 Forange sought an award of costs in this amount through a “Notice and Amendment” filed on May 15, 2015.
3 The amount of fees incurred in the prosecution of this part of the case is minimal. Further, the HOA has not
established specifically what fees were incurred regarding this as opposed to some other part of the case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

06/09/2015

Docket Code 376
Form V000A
Page 4

The HOA argues that the claims in Forange’s complaint arose out of contract. Based on
A.R.S. §12-341.01, the HOA seeks an award of fees regarding these claims.

The court finds that the claims in Forange’s complaint do not arise out of contract. For
this reason,

IT IS ORDERED denying the HOA’s claim for an award of fees based on §12-341.01
regarding the claims in Forange’s complaint.

FORANGE’S CLAIM FOR FEES

The court makes note of the following:

 The claims in the HOA’s complaint arise out of contract.

 As noted above, the court has determined that Forange is the prevailing party.

 Forange prevailed on some, but not all of the claims in this consolidated case.

 An award of fees pursuant to §12-341.01 “should be made to mitigate the burden
of the expense of litigation to establish a just claim or a just defense. It need not
equal or relate to the attorney fees actually paid or contracted….” §12-341.01(B).

 In deciding what amount of fees to award, the court may consider the Warner4
factors. See Moedt v. General Motors Corp., 204 Ariz. 100, ¶20 (App. 2002).
The court has considered these factors.

CONCLUSION

As noted above, costs are awarded to Forange in the amount of $994.05. Further, the
HOA’s request for an award of attorney fees is denied. Further, in order to mitigate the burden
of the expense of litigation to establish just defenses,

IT IS ORDERED awarding attorney fees to Forange in the amount of $18,000.00.5

4 Associated Indem. Corp. v. Warner, 143 Ariz. 567 (1985).
5 The court has obviously awarded less fees to Forange than it reportedly incurred. For example, the court assumes
that it has discretion to award fees to Forange incurred while it was represented by attorney Van Loon. That said, in
the exercise of its discretion, the court has declined to award such fees to Forange.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

06/09/2015

Docket Code 376
Form V000A
Page 5

CONTINUANCE ON DISMISSAL CALENDAR

IT IS ORDERED continuing the case on the Dismissal Calendar for dismissal on July 7,
2015. Unless a proposed form of judgment is submitted to the court before that date, all
remaining unadjudicated claims will be dismissed without further notice.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/09/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
07/05/2013
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. JOHN REA
L. Gilbert
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
4 A A R HOLDINGS L L C
C/O MICHAEL D RIPSON
11424 E SAND HILLS
SCOTTSDALE AZ 85255
SCOTTSDALE COMMUNITY
ASSOCIATION
C/O AAM LLC/LAURA ZIFF
1600 W BROADWAY RD STE 200
TEMPE AZ 85282
BRADLEY R JARDINE
KENT E CAMMACK
WILLIAM G RIDENOUR
CITIBANK
7920 NW 110TH ST
KANSAS CITY MO 64153
COURT ADMIN-CIVIL-CCC
JUDGE ACETO
JUDGE UDALL
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable David Udall, who has disqualified
himself. The case was transferred to the Presiding Civil Judge for reassignment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
07/05/2013
Docket Code 066
Form V000A
Page 2
IT IS ORDERED reassigning this case to Civil Calendar CVJ21, the Honorable Mark F.
Aceto, for all further proceedings.
Pending:
N/A
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: 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 ***
08/09/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
08/07/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
ANDREW J VAN LOON
SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
JOHNSON BANK
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
LINDSEY N O'CONNOR
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
MINUTE ENTRY
The Court has received and reviewed the parties’ Stipulated Extension to File Response
to Motion to Enforce and Request for Rule 11 Sanctions in this case.
IT IS ORDERED accepting the Stipulation electronically filed on July 29, 2013, all in
accordance with the formal written Order signed by the Court on August 6, 2013 and entered
(filed) by the clerk on August 7, 2013.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
08/07/2013
Docket Code 022
Form V000A
Page 2
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
FILED: Order, signed 8/6/2013

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/13/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

08/11/2014

Docket Code 079
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
C/O AAM, LLC
1600 W. BROADWAY RD., STE. 200
TEMPE AZ 85282
GARY N LENTO
CITIBANK SOUTH DAKOTA N A
7920 NW 110TH ST.
KANSAS CITY MO 64153
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS
ANDREW J VAN LOON
BRADLEY R JARDINE
DOCKET-CIVIL-SE

ORDER OF DISMISSAL

The Court has received and reviewed the parties’ Stipulation Regarding Lien Priority and
Stipulation to Dismiss Defendant Johnson Bank electronically filed on July 15, 2014 in this case.

IT IS ORDERED dismissing with prejudice any remaining unadjudicated claims as to
Johnson Bank only.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

08/11/2014

Docket Code 079
Form V000A
Page 2

FILED: Order Regarding Lien Priority and Order of Dismissal of Defendant Johnson Bank,
signed 8/11/14

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/14/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

08/12/2014

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

GARY N LENTO
CITIBANK SOUTH DAKOTA N A
7920 NW 110TH ST.
KANSAS CITY MO 64153
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS
ANDREW J VAN LOON

MINUTE ENTRY

The Court makes note of the following:

 CV2012-018064 has been consolidated with CV2012-094261.

 On February 5, 2014, Forange filed a “Motion for Partial Summary Judgment”.
This motion relates exclusively to the claims asserted by Forange in the
Complaint it filed in CV2012-018064.

 Forange named as Defendants in the Complaint it filed in CV2012-018064 the
following: Troon Ridge HOA; attorney Javier Delgado; attorney Joshua Bolen;
and attorney Lindsey Stearns (formerly Lindsey O’Connor). In this Minute Entry,
these parties will be collectively referred to as “Defendants”.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

08/12/2014

Docket Code 019
Form V000A
Page 2

 On March 12, 2014, Defendants filed a Cross-motion for Summary Judgment.
Through this “Cross-motion”, Defendants move for Summary Judgment on all
claims asserted against them in the Complaint filed by Forange in CV2012-
018064.

 The Court has reviewed the pleadings.

 Pursuant to Rule 7.1, the Court declines to schedule oral argument.

MOTION TO STRIKE

On June 4, 2014, Forange filed a “Motion to Strike”. Regarding this motion, the Court
has reviewed the pleadings.

The Court makes note of the following:

 In their “Motion for Summary Judgment”, Defendants characterize the request for
information that is the subject of the pending motions as “trickery and an attempt
to avoid a contractual obligation….”

 In its “Response to Cross-motion”, Forange did not address this “trickery”
argument.

 In their “Reply in Support of …Cross-motion”, Defendants made a further
“trickery” argument in the paragraph beginning on the bottom of page 4.

Under the circumstances,

IT IS ORDERED granting in part Forange’s “Motion to Strike”. More specifically,

IT IS ORDERED striking the paragraph beginning on the bottom of page 4 of
Defendants’ “Reply in Support of…Cross-motion”.

IT IS ORDERED denying the remainder of Forange’s “Motion to Strike”.

MOTIONS FOR SUMMARY JUDGMENT

The Court makes note of the following:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

08/12/2014

Docket Code 019
Form V000A
Page 3

 A.R.S. §33-1807 creates a lien for unpaid assessments in favor of HOAs.

 Regarding such liens, subsection I of this statute provides that HOAs must furnish
payoff statements within 10 days of a request made by a unit owner, a lienholder,
or an escrow agent.

 Subsection I provides a special penalty provision regarding requests made by
escrow agents. In this regard, the subsection provides that failure to furnish a
payoff statement within 10 days of a request by an escrow agent shall extinguish
any lien for unpaid assessments.

 In this case, the following facts are undisputed: an escrow agent requested a
payoff statement regarding the lien asserted against the subject unit. This request
was not made in the context of any pending sale, transfer, lease, or other
transaction regarding the subject unit. Rather, the escrow agent made the request
simply because somebody asked her to.

 While the Court’s ruling in no way hinges on this, the Court makes note of the
following as an aside: as a unit owner, Forange had the right to demand and
receive a payoff statement within 10 days pursuant to the statute. The only
rational reason to request the lien amount information through an escrow agent
was the hope that the HOA would not timely respond and thereby set the stage for
an argument that the lien was extinguished.

 The pivotal issue is this: what is the intent of §33-1807 (I)?1 Is the statute
designed to imbue escrow agents with the magical ability to make liens disappear
for no other reason than that they are escrow agents? Or is the statute designed to
facilitate sales and other transactions involving condominium units by providing
that HOAs must either timely respond to requests for payoff statements or lose
their liens? In other words, is the statute intended to apply only when an escrow
agent is taking action regarding a pending escrow transaction?

 Neither the language of the statute nor logic support a conclusion that the statute
was intended to give special powers to escrow agents just because….

 Statutes must have a rational interpretation, to be collected not only from the
words used, but from the policy which may be reasonably supposed to have
dictated the enactment. Mahoney v. Maricopa County, 49 Ariz. 479, 491 (1937).

1 Both sides agree that this issue should be resolved as a matter of law.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

08/12/2014

Docket Code 019
Form V000A
Page 4

The penalty provision in question was certainly dictated by the intention to ensure
that HOAs timely respond to requests for payoff statement in the context of an
actual pending escrow transaction.

Given all of the circumstances, including but not limited to those discussed above,

IT IS ORDERED as follows:

 Forange’s “Motion for Partial Summary Judgment” is denied.

 Defendants’ “Motion for Summary Judgment” is granted.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/25/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

08/21/2014

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS
ANDREW J VAN LOON

MINUTE ENTRY

The Court makes note of the following:

 On February 5, 2014, Forange filed a “Motion for Partial Summary Judgment”.
In that motion, Forange did not seek summary judgment on any claim for attorney
fees.

 On March 12, 2014, the HOA and its attorneys (“Defendants”) filed a “Cross-
Motion for Summary Judgment”. Therein, Defendants did not argue that they
were entitled to attorney fees as a matter of law. That said, in the last sentence of
that motion, Defendants requested an award of fees.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

08/21/2014

Docket Code 019
Form V000A
Page 2

 On August 12, 2014, the Court ruled on the above-discussed motions.

 On August 18, 2014, Forange filed a “Motion for Clarification”. Therein,
Forange accurately notes that the Court did not comment in its summary judgment
ruling on Defendants’ request for an award of fees.

 In its “Motion for Partial Summary Judgment”, Forange did not seek summary
judgment on Defendants’ attorney fee claim. That said, Forange now strangely
seeks through its “Motion for Clarification” what would in essence be summary
judgment in favor of Forange on Defendants’ claim for attorney fees.

For purposes of clarification, the Court notes that it has always been the Court’s intention
to rule on any request for an award of attorney fees after all claims in this consolidated case have
been resolved.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/25/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

08/22/2014

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS
BRADLEY R JARDINE

MINUTE ENTRY

Courtroom 203-SEA

10:33 a.m. This is the time set for Telephonic Status Conference in this case. Troon
Ridge and Homeowners Association Plaintiffs are not present but are represented by counsel,
Bradley Jardine and Lindsey Stearns. Defendant(s) 4AAR Holdings and Forange are not present
but are represented by counsel, Elijah W. Rosov.

This matter comes on in the courtroom off the record.

Court and counsel discuss the status of the case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

08/22/2014

Docket Code 028
Form V000A
Page 2

IT IS ORDERED as follows:

 The parties shall participate in private mediation by 5:00 p.m. on September 30,
2014.

All counsel and their clients, or non-lawyer representatives who have full and
complete authority to settle the case, shall personally appear and participate
in good faith in the Mediation. Sanctions may be imposed for failure to
participate.

 A Telephonic Status Conference is set for October 17, 2014 at 2:30 p.m.
Counsel who will be lead counsel at trial must participate in the Telephonic Status
Conference. Counsel must have their trial calendars available during this
conference.

NOTE: Plaintiff shall be responsible for initiating the conference call by calling
this division at 602-506-5261, with all participating parties and counsel on the
line, at the date and time specified above.

10:40 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/27/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
08/26/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
KENT E CAMMACK
SCOTTSDALE COMMUNITY
ASSOCIATION
C/O AAM, LLC ATTN: L. ZIFF
1600 W. BROADWAY RD., STE. 200
TEMPE AZ 85282
WILLIAM G RIDENOUR
CITIBANK SOUTH DAKOTA N A
7920 NW 110TH STREET
KANSAS CITY MO 64153
LINDSEY N O'CONNOR
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
ANDREW J VAN LOON
MINUTE ENTRY
MOTION TO ENFORCE
On July 9, 2013, Plaintiff filed a “Motion to Enforce Settlement and Request for Rule 11
Sanctions”. The Court has reviewed the pleadings. Pursuant to Rule 7.1, the Court declines to
schedule oral argument.
The Court makes note of the following:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
08/26/2013
Docket Code 023
Form V000A
Page 2
•
Forange and its related entities (“Forange”) made an offer in a letter dated April
16, 2013.
•
Plaintiff now argues that it accepted this offer through an email dated April 30,
2013.
•
In reality, through the April 30, 2013 email, Plaintiff did not accept the offer
made by Forange on April 16, 2013. Rather, the April 30 email includes a new
settlement proposal, which would require payment of $500 more by Forange than
outlined in the April 16 proposal.
Under the circumstances,
IT IS ORDERED denying the above-identified motion.

Michael K. Jeanes, Clerk of Court
*** Filed ***
08/27/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
08/26/2013
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
KENT E CAMMACK
SCOTTSDALE COMMUNITY
ASSOCIATION
C/O AAM, LLC ATTN: L. ZIFF
1600 W. BROADWAY RD. STE. 200
TEMPE AZ 85282
WILLIAM G RIDENOUR
CITIBANK SOUTH DAKOTA N A
7920 NW 110TH STREET
KANSAS CITY MO 64153
LINDSEY N O'CONNOR
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
ANDREW J VAN LOON
MINUTE ENTRY
On Court’s own motion,
IT IS ORDERED placing this case on the inactive calendar for dismissal on November
8, 2013. Unless a proper “Motion to Set and Certificate of Readiness” is filed before that date,
all unadjudicated claims will be dismissed without further notice.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
08/26/2013
Docket Code 078
Form V000A
Page 2
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/13/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
09/12/2012
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
4 A A R HOLDINGS L L C
NO ADDRESS ON RECORD
SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
JOHNSON BANK
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL RIPSON
11424 E SANDHILLS RD
SCOTTSDALE AZ 85255
MINUTE ENTRY
Courtroom SEF 205
9:32 a.m. This is the time set for Order to Show Cause. Counsel, Lindsay O’Conner, is
present on behalf of Plaintiff, Troon Ridge Estates III & IV Homeowners Association, who is not
present. Member of 4 A A R Holdings, LLC, Micahel Ripson, is present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
09/12/2012
Docket Code 056
Form V000A
Page 2
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The Court is advised that the parties have conferred and did not reach any agreements.
IT IS ORDERED Defendant has until October 12, 2012 to obtain counsel to represent
the LLC. If Defendant hires counsel, a Notice of Appearance shall be filed no later than October
12, 2012.
IT IS FURTHER ORDERED setting this matter for an Evidentiary Hearing on
December 17, 2012 at 2:00 p.m. (Time allotted: 3 hours) before:
THE HONORABLE EMMET J. RONAN
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 205
222 E. JAVELINA
MESA, AZ 85210
IT IS FURTHER ORDERED any evidence intended to be submitted as exhibits at the
time of the Evidentiary Hearing must be brought to Courtroom 205 at least two (2) business days
prior to the hearing, along with an attached cover sheet listing the description of the exhibits.
NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION 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.
9:41 a.m. Hearing concludes

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/22/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

09/18/2014

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
T. Haaser

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS
BRADLEY R JARDINE

MINUTE ENTRY

Courtroom 203 – SEA

2:59 p.m. This is the time set for Telephonic Status Conference. Counsel Lindsey
Stearns and Bradley Jardine appear telephonically on behalf of the Plaintiff Troon Ridge Estates
III & IV Homeowners Association. Counsel Elijah Rosov appears telephonically on behalf of the
Defendants 4 A A R Holdings LLC., and Forange LLC. No one else appears.

A record of the proceedings is made by CD/videotape in lieu of a court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

09/18/2014

Docket Code 029
Form V000A
Page 2

The parties agree that this judge may caucus (i.e. speak separately) with each side about
settlement. In the event the case does not settle, the parties further agree that this judge may
remain on the case.

3:00 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

10/17/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
BRADLEY R JARDINE

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
C/O AAM, LLC, ATTN: LAURA ZIFF
1600 W. BROADWAY RD., STE. 200
TEMPE AZ 85282
CITIBANK SOUTH DAKOTA N A
7920 NW 110TH STREET
KANSAS CITY MO 64153
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS

MINUTE ENTRY

Courtroom 203-SEA

2:30 p.m. This is the time set for Telephonic Status Conference in this case. The
Homeowners Association is not present but is represented by counsel, Bradley Jardine and
Lindsey O. Stearns. Defendant(s) 4 A AR Holdings, LLC and Forange, LLC are not present but
are represented by counsel, Elijah W. Rosov.

This matter comes on in the courtroom off the record.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

10/17/2014

Docket Code 023
Form V000A
Page 2

On September 1, 2014 Forange, LLC filed a Motion for Evidentiary Hearing and …
Motion for Sanctions.

IT IS ORDERED denying the relief requested by Forange in that motion.

With respect to the HOA’s Motion to Quash,

IT IS ORDERED that the HOA may file a response no later than October 27, 2014.

Ms. Stearns is heard. Mr. Jardine no longer participates in the proceeding. The Court
and counsel caucus.

3:30 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Filed ***
11/01/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
10/31/2013
Docket Code 084
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
4 A A R HOLDINGS L L C
NO ADDRESS ON RECORD
SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
JOHNSON BANK
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS
ANDREW J VAN LOON
MINUTE ENTRY
Pursuant to a request filed on October 22, 2013,
IT IS ORDERED continuing this case on the Inactive Calendar for dismissal on
December 20, 2013. Unless Rule 38.1 is suspended or a proper “Motion to Set and Certificate
of Readiness” is filed before that date, all unadjudicated claims will be dismissed without further
notice.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
10/31/2013
Docket Code 084
Form V000A
Page 2
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Filed ***
11/01/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
10/31/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
4 A A R HOLDINGS L L C
NO ADDRESS ON RECORD
SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
JOHNSON BANK
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS
ANDREW J VAN LOON
MINUTE ENTRY
ORDER TO FILE JOINT PROPOSED SCHEDULING ORDER
The Court having reviewed Plaintiff’s Request for Rule 16(b) Scheduling Conference,
filed on October 22, 2013,
IT IS ORDERED as follows:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
10/31/2013
Docket Code 023
Form V000A
Page 2
•
Counsel and/or the parties are to meet personally to discuss all of the matters set
forth in Rule 16(b), Ariz. R. Civ. P. The parties shall then jointly file with the
Court no later than 5:00 p.m. on December 2, 2013; a document entitled either
“Joint Proposed Scheduling Order” or “Alternative Proposed Scheduling Orders”.
•
Any proposed scheduling order must be in the form attached hereto and must at a
minimum address all topics in that form.
•
Counsel must upload and e-file all proposed orders in Word format to allow for
possible modification by the Court.
•
The Court fully expects, to the extent possible, that the parties will reach
agreement regarding proposed deadlines. If agreement is reached, all that need be
filed is a “Joint Proposed Scheduling Order”.
•
If agreement is not reached, the parties must jointly file a document entitled
“Alternative Proposed Scheduling Orders” and attach thereto each party’s
proposed scheduling order, specifying at the top of each attached order who
proposed the order. (Therein, the parties may explain why they have been unable
to reach agreement.)
•
If any party feels that a Rule 16 Comprehensive Pretrial Conference is necessary
at this stage of the litigation, in the first paragraph of the party’s “Proposed
Scheduling Order”, the party must request that a conference be set and explain
the reason for the request.
[PROPOSED] SCHEDULING ORDER
The Court having reviewed the parties’ Proposed Scheduling Order(s),
IT IS ORDERED as follows:
•
The deadline for service of written discovery requests is 5:00 p.m. on
_____________.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
10/31/2013
Docket Code 023
Form V000A
Page 3
•
The deadlines for disclosure established by Rule 26.1, ARCP (including
the obligation to seasonably supplement prior disclosures) remain in full
force and effect. The deadlines established in this order in no way
supersede the obligation to make earlier disclosure required by Rule 26.1.
•
The deadline for disclosure of non-expert witnesses is 5:00 p.m. on
_____________.
•
The deadline for disclosure of expert witnesses and their opinions is 5:00
p.m. on _____________.
•
The deadline for disclosure of rebuttal expert witnesses and their opinions
is 5:00 p.m. on _____________.
•
The deadline for completion of discovery is 5:00 p.m. on _____________.
•
The deadline for final supplementation of Rule 26.1 disclosure is 5:00
p.m. on _____________.
•
[Private Mediation or Settlement Conference with a judge pro tem (choose
one)]
The parties shall participate in private mediation by 5:00 p.m. on
_____________.
OR
The parties shall participate in a mandatory Settlement Conference. This
case is referred to the Court’s Alternative Dispute Resolution for
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 “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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
10/31/2013
Docket Code 023
Form V000A
Page 4
requested to conduct a settlement conference no later than (propose a
date at least 90 days out). The Office of Alternative Dispute Resolution
will not do the scheduling of the settlement conference so please do not
contact that office.
If the parties decide to use a private mediator, they must forthwith advise
the Office of Alternative Dispute Resolution and any judge pro tempore
who has been assigned to conduct the settlement conference.
Additionally, private mediation must be completed by the deadline
established above.
All counsel and their clients, or non-lawyer representatives who have
full and complete authority to settle the case, shall personally appear
and participate in good faith in the Settlement Conference/Mediation.
Sanctions may be imposed for failure to participate.
•
No expert witnesses, expert opinions, lay witnesses, or exhibits shall be
used at trial other than those disclosed in a timely manner, except for good
cause shown or written agreement of the parties.
•
The deadline for filing dispositive or partially dispositive motions is 5:00
p.m. on _____________ or 140 days before trial, whichever comes first.
•
A Telephonic Status Conference is set for _____________ at
_____________. Counsel who will be lead counsel at trial must
participate in the Telephonic Status Conference. Counsel must have their
trial calendars available during this conference.
NOTE: Plaintiff shall be responsible for initiating the conference call by
calling this division at 602-506-5261, with all participating parties and
counsel on the line, at the date and time specified above.
•
If mediation or a settlement conference will not be completed before the
above discussed Telephonic Status Conference, counsel must file a Notice
no later than seven days before the conference. In the Notice, counsel

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
10/31/2013
Docket Code 023
Form V000A
Page 5
must (1) explain why mediation or a settlement conference has not been
completed and (2) advise of the date on which private mediation or a
settlement conference is scheduled.
•
If mediation or a settlement conference has not been completed before the
Telephonic Status Conference, the Court will consider imposing sanctions.
•
The deadlines established by this Order are firm and will not be extended
or modified by the Court absent good cause. Lack of preparation will not
ordinarily be considered good cause.
•
This case is removed from the Inactive Calendar and all requirements of
Rule 38.1, ARCP, are waived unless and until otherwise ordered by the
Court.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/05/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

11/04/2014

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
L. Mooney/K. Tiero

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS

MINUTE ENTRY

On October 10, 2014, Forange filed a pleading that includes a “ Motion For Leave To
Submit Cross-Motion For Partial Summary Judgment re Count 1 – Lien Foreclosure” (“Motion
For Leave”). The Court has reviewed Forange’s motion.1

The deadline for dispositive motions was August 28, 2014. Given all of the
circumstances, including but not limited to the dispositive motion deadline,

IT IS ORDERED denying Forange’s “Motion For Leave”.

1 At the time of this ruling, the Court has neither reviewed nor seen any response to Forange’s “Motion For Leave”.
The Court is ruling based on its review of Forange’s “Motion For Leave” and on the Court’s knowledge of this case.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/05/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

11/04/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
L. Mooney/K. Tiero

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS

MINUTE ENTRY

On September 24, 2014, Carpenter, Hazelwood, Delgado and Bolen filed a “Motion to
Quash”. The Court has reviewed the pleadings. For the reasons argued by the movant,

IT IS ORDERED granting the “Motion to Quash”.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/25/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

11/24/2014

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
C/O AAM, LLC ATTN: LAURA ZIFF
1600 W. BROADWAY RD., STE. 200
TEMPE AZ 85282
CITIBANK SOUTH DAKOTA N A
7920 NW 110TH STREET
KANSAS CITY MO 64153
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS

MINUTE ENTRY

On August 28, 2014, Defendants filed a “Motion for Partial Summary Judgment”. The
Court has reviewed the pleadings.

Defendants have not established that they are entitled to judgment as a matter of law.
Therefore,

IT IS ORDERED denying Defendants’ “Motion for Partial Summary Judgment”.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/25/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

11/24/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
C/O AAM, LLC; ATTN: LAURA ZIFF
1600 W. BROADWAY RD., STE. 200
TEMPE AZ 85282
CITIBANK SOUTH DAKOTA N A
7920 NW 110TH STREET
KANSAS CITY AZ 64153
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS

MINUTE ENTRY

On August 28, 2014, Plaintiff filed a “Motion for Partial Summary Judgment”. The
Court has reviewed the pleadings. Pursuant to Rule 7.1, the Court declines to schedule oral
argument.

The Court makes note of the following:

 For a time, Defendants did not timely pay assessments.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

11/24/2014

Docket Code 023
Form V000A
Page 2

 Plaintiff’s “First Amended Complaint” includes a claim for foreclosure of its
assessment lien. Through the pending motion, Plaintiff seeks summary judgment
on this claim.

 A.R.S. §33-1807(A) controls. It provides that an assessment lien may be
foreclosed only if the owner “has been” delinquent on the assessment for a period
of one year or in the amount of one thousand two hundred dollars or more.

 While late fees and attorney fees and costs may ultimately be rolled into the lien,
the statute excludes such amounts from being considered in determining whether
the right to foreclose exists. Rather, pursuant to the statute, only the delinquent
assessment amount is considered when determining whether the right to foreclose
exists.

 In grammatical terms, the phrase “has been” is an example of the “present perfect
continuance tense”. The phrase “has been” denotes a condition that started in the
past and continues in the present.

 In this case, after Plaintiff initiated this lawsuit, Defendant paid off the delinquent
assessment amount.

 Plaintiff argues that §33-1807(A) is a foreclosure friendly statute. More
specifically, Plaintiff argues that once a Complaint with a foreclosure claim is
filed, the homeowner cannot avoid foreclosure by paying off the delinquent
assessments. The Court rejects this argument.

Under the circumstances,

IT IS ORDERED denying Plaintiff’s “Motion for Partial Summary Judgment”.1

1 Among other things, through Count One, Plaintiff seeks a monetary judgment for penalties and fees related to
assessments. By denying Plaintiff’s “Motion for Partial Summary Judgment”, the Court in no way suggests that
Plaintiff’s claim for penalties and fees related to assessments is not viable.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/25/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

11/24/2014

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
C/O AAM, LLC; ATTN: L. ZIFF
1600 W. BROADWAY RD., STE. 200
TEMPE AZ 85282
CITIBANK SOUTH DAKOTA N A
7920 NW 110TH STREET
KANSAS CITY MO 64153
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS

MINUTE ENTRY

TELEPHONIC STATUS CONFERENCE SET

IT IS ORDERED setting a Telephonic Status Conference for December 16, 2014 at
11:00 a.m. before:

HONORABLE MARK F. ACETO
SOUTHEAST ADULT FACILITY
COURTROOM 203
222 EAST JAVELINA

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

11/24/2014

Docket Code 089
Form V000A
Page 2

MESA AZ 85210

NOTE: Plaintiff shall be responsible for initiating the conference call by calling this
division at 602-506-5261, with all participating parties and counsel on the line, at the date and
time specified above. Counsel who will be lead counsel at trial must participate in the
Telephonic Status Conference.

The Court is not mandating that counsel who defended the HOA against counterclaims
participate in this Telephonic Status Conference.

BENCH TRIAL SETTING
FINAL PRETRIAL CONFERENCE SETTING

IT IS ORDERED AS FOLLOWS:

TRIAL

This matter is set for a Bench Trial on March 18, 2015 at 9:30 a.m. before:

THE HONORABLE MARK F. ACETO
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 203
222 E. JAVELINA
MESA, AZ 85210

Estimated length of trial: 1 day.

FINAL PRETRIAL CONFERENCE

This matter is set for Final Pretrial Conference on February 20, 2015 at 3:00 p.m.

ADDITIONAL ORDERS

IT IS FURTHER ORDERED as follows:

Motions in Limine. Rule 7.2, ARCP, applies to any motion in limine to be filed in this

case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

11/24/2014

Docket Code 089
Form V000A
Page 3

Compliance with Rule 16(g). The parties must comply with Rule 16(g), ARCP, except

for the portions relating to jurors, voir dire, jury instructions, and verdict forms.

Elements of Claims or Defenses. (A) As an attachment to the Joint Pretrial Statement,

any party asserting a claim or affirmative defense must submit a Memorandum setting

forth the following regarding each claim or affirmative defense: (1) the elements (i.e.

proof requirements)1, (2) whether some burden of proof other than preponderance

applies, and (3) the legal authority supporting the foregoing. (B) In the event an

opposing party takes the position that anything stated in the above referred-to

Memorandum is incorrect, that party must file no later than ten calendar days before trial

an Opposing Memorandum which sets out (1) what portion of the Memorandum the

party disagrees with, and (2) the legal authority which supports this position. Because the

Court will be relying on these Memoranda, failure to timely submit an Opposing

Memorandum will be deemed to be a waiver of the right to contest the elements of a

claim or defense.

Witness Information Form. The parties must jointly prepare a Witness Information

Form in the form specified below. In addition to the names of witnesses, the parties must

provide estimates of the length of each witness’s testimony. The Witness Information

Form must be filed as an attachment to the Joint Pretrial Statement.

Findings by the Court. Any party requesting that the Court make specific

determinations pursuant to Rule 52(a), ARCP, must do both of the following: (1) request

in a timely Joint Pretrial Statement that the Court make “Findings of Fact and

Conclusions of Law” and (2) submit to the Court no later than ten calendar days before

trial proposed “Findings of Fact and Conclusions of Law”. If any part of this order is not

complied with, any request for “Findings of Fact and Conclusions Of Law” will be

deemed waived.

Court reporter requests. Any party requesting that a court reporter be present for trial

must include this request in the joint pretrial statement.

Presence at Final Pretrial Conference. Lead trial counsel and any self-represented

party must be present in court for the Final Pretrial Conference.

Marking exhibits. No later than the deadline for the joint pretrial statement, each
party must present to the clerk of this division both (1) all exhibits that party will
use at this trial and (2) a written list with a brief description of each exhibit.

1 This obligation may be satisfied by citing an applicable RAJI.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

11/24/2014

Docket Code 089
Form V000A
Page 4

Exhibits are assigned a number and are not designated as plaintiffs or defendants. The
clerk will mark the exhibits in an order that corresponds to the above described lists, but
not necessarily as anticipated by the parties, e.g. if defendant’s exhibits arrive first, a
defense exhibit might be identified as Exhibit 1. If the parties desire input and
foreknowledge regarding precise exhibit numbers to be assigned by the court, they should
arrange for a joint meeting with the division’s clerk no later than the deadline for the joint
pretrial statement at which time party representatives will provide their exhibits and the
above described lists.

An enlargement may be used for demonstrative purposes; however an 8 ½ x 11 size copy

of the enlargement must be submitted with the other exhibits. Placeholders will not be

accepted and exhibit numbers will not be reserved for exhibits not initially presented.

The parties shall ensure that there are no duplicate exhibits. Failure to follow the

procedure for submitting trial exhibits may result in the exclusion of the party’s exhibits

at trial.

Counsel must provide an extra copy of the exhibits (3 hole punched) for use by the judge.

Courtroom equipment. Please contact this Division’s Judicial Assistant well in advance
of trial to discuss logistics regarding your electronic presentation equipment at (602) 506-
5261.

WITNESS INFORMATION FORM

WITNESSES FOR PLAINTIFF(S)

WITNESS NAME
DIRECT
CROSS
1

2

3

4

DIRECT & CROSS TOTAL: _________________

WITNESSES FOR DEFENDANT(S)

WITNESS NAME
DIRECT
CROSS
1

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

11/24/2014

Docket Code 089
Form V000A
Page 5

2

3

4

DIRECT, REDIRECT & CROSS TOTAL: _______________

TOTAL WITNESS TIME ESTIMATE: ___________________________

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/13/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
12/12/2012
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE EMMET RONAN
T. Soto
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
4 A A R HOLDINGS L L C
NO ADDRESS ON RECORD
SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
JOHNSON BANK
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
FORANGE L L C
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
MINUTE ENTRY
The Court has considered Plaintiff’s Motion to Strike the Answer of Defendant 4AAR
Holdings, LLC filed on November 28, 2012 by Michael D. Ripson, pro per. Mr. Ripson appeared
on behalf of Defendant 4AAR Holdings, LLC at the Order to Show Cause hearing on September
12, 2012. This Court advised him that he could not represent the LLC, that it could only be

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
12/12/2012
Docket Code 926
Form V000A
Page 2
represented by an attorney. The Court gave Mr. Ripson until October 12, 2012 to hire an
attorney. As of this date, no attorney has entered a Notice of Appearance on behalf of 4AAR
Holdings, LLC.
A corporation cannot appear in an action unrepresented by an attorney. A corporation
cannot appear in court by an officer who is not an attorney, and it cannot appear “in propria
persona”.
IT IS ORDERED striking from the record the Answer of Defendant 4AAR Holdings,
LLC filed on November 28, 2012 by Michael Ripson.
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 ***

12/17/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

12/16/2014

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN

v.

4 A A R HOLDINGS L L C, et al.
ELIJAH W ROSOV

SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS

MINUTE ENTRY

Courtroom 203-SEA

11:00 a.m. This is the time set for Telephonic Status Conference in this case.
Defendant(s) 4 A A R Holdings, LLC and Defendant Forange, LLC are represented by Elijah W.
Rosov. Defendant(s) Delgado, O’Connor and Bolen are represented by Lindsey O. Stearns.
There are no other appearances.

This matter comes on in the courtroom off the record.

Court and counsel discuss the status of the case.

Court and Ms. Stearns caucus.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2012-094261

12/16/2014

Docket Code 029
Form V000A
Page 2

Court and Mr. Rosov caucus.

Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/19/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
12/17/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
TROON RIDGE ESTATES I I I & I V
HOMEOWNERS ASSOCIATION
JOSHUA M BOLEN
v.
4 A A R HOLDINGS L L C, et al.
4 A A R HOLDINGS L L C
NO ADDRESS ON RECORD
SCOTTSDALE COMMUNITY
ASSOCIATION
NO ADDRESS ON RECORD
JOHNSON BANK
NO ADDRESS ON RECORD
CITIBANK SOUTH DAKOTA N A
NO ADDRESS ON RECORD
MICHAEL D RIPSON
28695 N 94TH PL
SCOTTSDALE AZ 85262
LINDSEY O STEARNS
ANDREW J VAN LOON
MINUTE ENTRY
The Court has received and reviewed the parties’ Joint Proposed Scheduling Order
electronically filed on December 16, 2013.
IT IS ORDERED imposing deadlines and other orders in accordance with the formal
written Order signed by the Court on December 17, 2013 and entered (filed) by the clerk on
December 17, 2013. Because the Court may not have adopted all of the proposals of the parties,
the parties should review the Court’s signed Order.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-094261
12/17/2013
Docket Code 023
Form V000A
Page 2
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
IT IS FURTHER ORDERED setting a Telephonic Status Conference for August 22,
2014 at 10:30 a.m. before:
HONORABLE MARK F. ACETO
SOUTHEAST ADULT FACILITY
COURTROOM 203
222 EAST JAVELINA
MESA AZ 85210
NOTE: Plaintiff shall be responsible for initiating the conference call by calling this
division at 602-506-5261, with all participating parties and counsel on the line, at the date and
time specified above.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
FILED: Scheduling Order, signed 12/17/2013

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