04/13/2006 — CV2006051448 ASSOCIATION INC, TERRAVITA COMMUNITY 04/13/2006 HONORABLE MARK W. ARMSTRONG View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051448
04/13/2006
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK W. ARMSTRONG
L. Slaughter
Deputy
FILED: 04/14/2006
WILLIAM M BROWN
CAROL L DESZENDEFFY
v.
TERRAVITA COMMUNITY ASSOCIATION
INC
ANGELA L POTTS
RETURN HEARING
Northeast – Courtroom 109.
9:56 a.m. This is the time set for Return Hearing on Plaintiff’s Application for Order to
Show Cause. Plaintiff is present and represented by counsel, Carol de Szendeffy. Defendant is
represented by counsel, Angela Potts.
Court reporter, Jessica Casto Moroz, is present.
Additionally, a digital audio recording of this proceeding is being made by CD using the
“For the Record” recording system.
Case matters are discussed.
Plaintiff’s exhibits 1 and 2 are marked for identification.
Defendant’s exhibit 3 is marked for identification and is ordered sealed by the Court.
The Court will conduct an in camera inspection of exhibit 3 after receiving the parties’ summary
judgment memoranda.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051448
04/13/2006
Docket Code 005
Form V000A
Page 2
IT IS ORDERED Defendant shall file its Motion for Summary Judgment not later than
May 5, 2006, with response and reply to be filed in due course.
10:09 a.m. Hearing concludes.
05/17/2006 — CV2006051448 ASSOCIATION INC, TERRAVITA COMMUNITY 05/17/2006 HONORABLE MARK W. ARMSTRONG View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051448
05/17/2006
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK W. ARMSTRONG
L. Slaughter
Deputy
FILED: 05/29/2006
WILLIAM M BROWN
CAROL L DESZENDEFFY
v.
TERRAVITA COMMUNITY ASSOCIATION
INC
ANGELA L POTTS
CURTIS S EKMARK
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Defendant’s Motion for Summary
Judgment on June 12, 2006, at 11:00 a.m. (1 hour) before Judge Armstrong at:
MARICOPA COUNTY SUPERIOR COURT
NORTHEAST REGIONAL COURT CENTER
18380 N. 40TH STREET
PHOENIX, ARIZONA 85032
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 the division three (3) court
business days before the scheduled hearing.
05/30/2006 — CV2006051448 ASSOCIATION INC, TERRAVITA COMMUNITY 05/30/2006 HONORABLE MARK W. ARMSTRONG View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051448
05/30/2006
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK W. ARMSTRONG
L. Slaughter
Deputy
FILED: 06/05/2006
WILLIAM M BROWN
CAROL L DESZENDEFFY
v.
TERRAVITA COMMUNITY ASSOCIATION
INC
ANGELA L POTTS
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument Defendant’s Motion to Strike on June 12,
2006, at 11:00 a.m. (30 minutes) before Judge Armstrong at:
MARICOPA COUNTY SUPERIOR COURT
NORTHEAST REGIONAL COURT CENTER
18380 N. 40TH STREET
PHOENIX, ARIZONA 85032
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 the division three (3) court
business days before the scheduled hearing.
06/13/2006 — CV2006051448 ASSOCIATION INC, TERRAVITA COMMUNITY 06/13/2006 HONORABLE MARK W. ARMSTRONG View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051448
06/13/2006
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARK W. ARMSTRONG
J. McQueen
Deputy
FILED: 06/14/2006
WILLIAM M BROWN
CAROL L DESZENDEFFY
v.
TERRAVITA COMMUNITY ASSOCIATION
INC
ANGELA L POTTS
CURTIS S EKMARK
SUSAN E MCKENZIE
LYNN M KRUPNIK
ORAL ARGUMENT
MATTER UNDER ADVISEMENT
LATER UNDER ADVISEMENT RULING
11:01 a.m. This is the time set for Oral Argument on Defendant’s Motion for Summary
Judgment and Motion to Strike. Plaintiff is represented by counsel, Carol L. Deszendeffy.
Defendant is represented by counsel, Curtis S. Ekmark, Susan E. McKenzie and Lynn M.
Krupnik.
Court reporter, Jessica Castro Moroz, is present.
Additionally, a digital audio recording of this proceeding is being made by CD using the
“For the Record” recording system.
Arguments are heard.
IT IS ORDERED taking this matter under advisement.
11:58 a.m. Hearing concludes.
LATER:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2006-051448
06/13/2006
Docket Code 005
Form V000A
Page 2
The Court has reviewed Exhibits 2 and 3 from the hearing of April 13, 2006. The Court
finds that Exhibit 2 accurately reflects expenses incurred by the Association with respect to the
issue of non-resident golf memberships. That was the information requested by Plaintiff.
Therefore, Plaintiff’s request has been satisfied.
IT IS ORDERED sealing Exhibit 3 until further order of this Court or a court of appeal.
The Court finds that Defendant’s Motion for Summary Judgment is moot.
IT IS FURTHER ORDERED denying Defendant’s Motion to Strike.
IT IS FURTHER ORDERED that both sides shall bear their own costs and attorney’s
fees.
IT IS FURTHER ORDERED dismissing this case.
