06/09/2003 — CV2002014672 ASSOCIATION, LANDINGS HOMEOWNERS 06/09/2003 HON. GARY E. DONAHOE View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-014672
06/09/2003
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. GARY E. DONAHOE
D. Fitzpatrick
Deputy
FILED: 06/16/2003
LANDINGS HOMEOWNERS ASSOCIATION
ALLISON B MURRAY
v.
BRIAN K MOORE, et al.
CHARLES L FIRESTEIN
ORAL ARGUMENT SET
Pending before the Court is Plaintiff’s “Motion for Summary Judgment.” The Court has
considered the pleadings. Oral argument is requested. Because the pleadings are so
comprehensive and the issue so narrow, the Court does not believe oral argument will assist the
Court in resolving the issue. However, if any party wishes oral argument after reviewing this
minute entry, that party or its attorney should, within ten days of the “filed” date on this minute
entry, arrange and initiate a conference call with all other counsel to this Court’s Judicial
Assistant (Jennine, 602-506-3712) to schedule a mutually convenient time for oral argument.
Because Defendant admits that he owes some amount of assessments, but disputes the
amount actually owed,
IT IS HEREBY ORDERED granting, in part, Plaintiff’s “Motion for Summary
Judgment” and finding that (1) Defendant Moore is delinquent in paying some portion of his
assessments, (2) the Association has a right to a Judgment and Decree of Foreclosure once the
amount is established, and (3) the Association has a right to a deficiency judgment against
Defendant Moore personally should the property be sold at a foreclosure sale.
IT IS FURTHER ORDERED setting an evidentiary hearing before this Court at 101 W.
Jefferson, Courtroom 412, Phoenix, Arizona on July 18, 2003 at 1:30 p.m. for the purpose of
establishing the amount of the delinquency. (Time limit: 2 hours.)
Judge Thomas Dunevant will be taking this calendar in mid-June, 2003, so he will hear
this case.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-014672
06/09/2003
Docket Code 094
Form V000A
Page 2
The proceeding will take place in the Superior Court’s new “e-courtroom.” A record of
the proceedings will be made by videotape and CD in lieu of a court reporter. Should you want
an unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of
the proceedings for a $20.00 charge. Should an official transcript be required, you may request
that the court prepare it. The party ordering the transcript must pay for it. To request a
transcript, call 602-506-7100 and provide the date of the proceeding, the case number, the case
caption, if the transcript is for an appeal, and your name, address and telephone number. With
this new technology, a court reporter is likely not required and the parties are encouraged to
experience the court's video recording system before requesting a court reporter. If a court
reporter is required, the court must receive a written request at least 48 hours before the
commencement of the proceeding. Failure to timely request a court reporter will be deemed
consent to proceed without a court reporter.
07/18/2003 — CV2002014672 ASSOCIATION, LANDINGS HOMEOWNERS 07/18/2003 HON. THOMAS DUNEVANT, III View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-014672
07/18/2003
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
B. Navarro
Deputy
FILED: 07/23/2003
LANDINGS HOMEOWNERS ASSOCIATION
PENNY L KOEPKE
v.
BRIAN K MOORE, et al.
CHARLES L FIRESTEIN
MINUTE ENTRY
2:01 p.m. This is the time set for an Evidentiary Hearing. Plaintiff is represented by
counsel, Penny L. Koepke. Diana P. Metcalf, Vice President/Board of Directors for Landings
Homeowners Association, is present. Defendant Brian K. Moore is present and represented by
counsel, Charles L. Firestein.
A recording of this proceeding is made by CD and videotape in lieu of a court reporter.
A Rule 80(d) has been articulated on the record.
2:07 p.m. Matter concludes.
LATER:
This matter having settled,
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on August
18, 2003 without further notice unless prior to said date Judgment is entered or filed, a
Stipulation for Dismissal is presented, or a Motion to Set and Certificate of Readiness is filed.
IT IS FURTHER ORDERED vacating the Evidentiary Hearing set this date.
09/12/2003 — CV2002014672 ASSOCIATION, LANDINGS HOMEOWNERS 09/12/2003 HON. THOMAS DUNEVANT, III View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-014672
09/12/2003
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
K. Ballard
Deputy
FILED: 09/17/2003
LANDINGS HOMEOWNERS ASSOCIATION
PENNY L KOEPKE
v.
BRIAN K MOORE, et al.
CHARLES L FIRESTEIN
JUDGMENT OF DISMISSAL WITHOUT PREJUDICE
This case was on the Inactive Calendar for dismissal on August 18, 2003 unless specified
action was taken before a certain date. The date has passed, and the action has not been taken.
IT IS ORDERED dismissing this case without prejudice for lack of prosecution.
/s/ Thomas Dunevant, III
______________________
Thomas Dunevant, III
Judge of the Superior Court
