04/10/2008 — CV2008006908 BANK N A, WELLS FARGO 04/10/2008 HON. CAREY SNYDER HYATT View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/14/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
04/10/2008
Docket Code 087
Form V000A
Page 1
CLERK OF THE COURT
HON. CAREY SNYDER HYATT
C.I. Miller
Deputy
FONTE AL SOLE HOMEOWNERS
ASSOCIATION
CARRIE H SMITH
v.
WELLS FARGO BANK N A
ORDER TO SHOW CAUSE ISSUED
An Order to Show Cause Re: Plaintiff’s Request for Preliminary Injunction is issued
returnable on May 19, 2008, at 3:30 p.m. (15 mins.), before the Honorable Carey Snyder Hyatt,
Judge of the Superior Court, East Court Building, 514 Courtroom-5th Floor, 101 West Jefferson,
Courtroom 514, Phoenix, AZ 85003, TELEPHONE: (602) 506-3566.
No agreement by the parties to modify the pleading schedule will be honored by the
court, unless the court is notified and approves of the parties’ agreement. Any such agreement
will not change the argument date without a court order and will, in any event, require that all
motions are fully briefed and at issue not later than one full week before the argument date.
Any motion or stipulation for continuance must be filed with the court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
E-Courtroom Policies
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
04/10/2008
Docket Code 087
Form V000A
Page 2
The proceedings will take place in the Superior court’s “e-courtroom.” A record of the
proceedings may be made by videotape in lieu of a court reporter. Should you want an unofficial
copy of the proceedings, the parties or counsel may purchase a CD for a cost of $20.00.
Questions may be directed to Ken Crenshaw, Administrator, Electronic Records Services, (602)
506-7100 or [email protected].
Should an official transcript be required, you may request that the court prepare it.
The party ordering the transcript must pay for it. 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.
05/19/2008 — CV2008006908 BANK N A, WELLS FARGO 05/19/2008 HON. CAREY SNYDER HYATT View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/22/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
05/19/2008
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. CAREY SNYDER HYATT
C.I. Miller
Deputy
FONTE AL SOLE HOMEOWNERS
ASSOCIATION
CARRIE H SMITH
v.
WELLS FARGO BANK N A, et al.
WELLS FARGO BANK N A
STATUTARY AGENT
2328 WEST PALM ROAD
PHOENIX AZ 85000
WELLS FARGO N A
STATUTORY AGENT
2328 W. PALM ROAD
PHOENIX AZ 85000
HEARING MINUTE ENTRY
COURTROOM 514-ECB
3:48 p.m. This is the time set for return on Plaintiff’s Order to Show Cause Re Request
for a Preliminary Injunction. Plaintiff is represented by counsel, Jason Smith. Defendants are
neither present nor represented by counsel.
Proceedings are recorded on CD (FTR) in lieu of a court reporter.
Counsel presents statements to the court. The court finds that proper service has been
made upon the statutory agent for Defendants Wells Fargo Bank. For the reasons stated on the
record and good cause appearing,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
05/19/2008
Docket Code 005
Form V000A
Page 2
IT IS ORDERED setting a combined Evidentiary Hearing on Plaintiff’s Request for
Preliminary and Permanent Injunction for June 5, 2008, at 1:30 p.m., for one (1) hour, before
Judge Carey Snyder Hyatt, 5th Floor, East Court Building, 101 West Jefferson, Phoenix, AZ
85003: Telephone: (602) 506-3566.
3:52 p.m. Hearing concludes.
WARNING: If Defendants fail to appear at the above-noted Evidentiary Hearing, the
court will consider that Defendants do not object to entry of the permanent injunction.
06/05/2008 — CV2008006908 BANK N A, WELLS FARGO 06/05/2008 HON. CAREY SNYDER HYATT View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/06/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
06/05/2008
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HON. CAREY SNYDER HYATT
C.I. Miller
Deputy
FONTE AL SOLE HOMEOWNERS
ASSOCIATION
JASON E SMITH
v.
WELLS FARGO BANK N A, et al.
- - - -
HEARING MINUTE ENTRY
COURTROOM 514-ECB
Prior to the commencement of the hearing, Plaintiff’s exhibit 1 is marked for
identification.
1:50 p.m. This is the time set for Evidentiary Hearing on Plaintiff’s Combine Request for
Preliminary and Permanent Injunction. Plaintiff is represented by counsel, Jason Smith, who is
assisted by Melissa Brassow, company representative. Defendant is neither present nor
represented by counsel.
Proceedings are recorded on CD (FTR) in lieu of a court reporter.
Counsel presents statements to the court.
THE COURT FINDS that Defendant Wells Fargo Bank was duly and properly served;
that Defendant failed to appear and/or answer within the time allowed by law; and that imminent
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
06/05/2008
Docket Code 005
Form V000A
Page 2
and irreparable harm will result to the Plaintiff unless the court enters the requested permanent
injunction. Good cause appearing,
IT IS ORDERED granting Plaintiff’s request for a permanent injunction against
Defendant Wells Fargo Bank.
Counsel is to present a form of order for the court’s consideration and signature by 5:00
p.m. today, June 5, 2008.
1:55 p.m. Hearing concludes.
* * *
LATER:
Plaintiff’s exhibit 1 is received in evidence.
IT IS ORDERED approving and settling formal written Permanent Injunction signed by
the court on June 5, 2008, and filed (entered) by the clerk on June 5, 2008.
Filed: Exhibit Trial Worksheet; Exhibit Worksheet.
* * *
LET THE RECORD REFLECT that due to calendar rotation, Judge Jeanne Garcia
will be assigned to this calendar effective Monday, June 23, 2008. Thereafter, all further
proceedings in this case will be heard by Judge Garcia. Unless otherwise notified by Judge
Garcia, the time and date for all scheduled proceedings is confirmed.
11/06/2008 — CV2008006908 BANK N A, WELLS FARGO 11/06/2008 HONORABLE JEANNE GARCIA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/07/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
11/06/2008
Docket Code 087
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JEANNE GARCIA
C.I. Miller
Deputy
FONTE AL SOLE HOMEOWNERS
ASSOCIATION
CARRIE H SMITH
v.
WELLS FARGO BANK N A, et al.
- - - -
ORDER TO SHOW CAUSE ISSUED
An Order to Show Cause Re: Contempt on Plaintiff’s Motion for Sanctions is issued
returnable on November 12, 2008, at 8:45 a.m. (15 mins.), before the Honorable Jeanne Garcia,
Judge of the Superior Court, Old Court House, 303 Courtroom, Third Floor, 125 West
Washington, Phoenix, AZ 85003.
No agreement by the parties to modify the pleading schedule will be honored by the
court, unless the court is notified and approves of the parties’ agreement. Any such agreement
will not change the argument date without a court order and will, in any event, require that all
motions are fully briefed and at issue not later than one full week before the argument date.
Any motion or stipulation for continuance must be filed with the court no later than four
court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
E-Courtroom Policies:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
11/06/2008
Docket Code 087
Form V000A
Page 2
NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. A record of the proceedings may be made by CD in lieu of a court reporter.
Should you want an unofficial copy of the proceedings, the parties or counsel may purchase a
CD for a cost of $20.00. Orders for a CD and/or an official transcript of the proceedings, or
questions regarding them, may be directed to Electronic Records Services (602) 506-7100.
Any party may request the presence of a court reporter by contacting this division (602-
372-0610) five (5) business days before the scheduled hearing. Failure to timely request a court
reporter will be deemed consent to proceed without a court reporter.
11/12/2008 — CV2008006908 BANK N A, WELLS FARGO 11/12/2008 HONORABLE JEANNE GARCIA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/19/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
11/12/2008
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JEANNE GARCIA
C.I. Miller
Deputy
FONTE AL SOLE HOMEOWNERS
ASSOCIATION
JASON E SMITH
v.
WELLS FARGO BANK N A, et al.
WELLS FARGO BANK N A
C/O ASHLEY MC AULIFF
2338 W ROYAL PALM RD, STE J
PHOENIX AZ 85021-9339
HEARING MINUTE ENTRY
COURTROOM 303-OCH
9:12 a.m. This is the time set for return on Plaintiff’s Order to Show Cause Re Contempt
and Motion for Sanctions. Plaintiff is represented by counsel, Jason Smith. Defendant is neither
present nor represented by counsel.
A record of the proceeding is made electronically (FTR) in lieu of a court reporter.
Counsel presents statements to the Court. Counsel advises that he has received no
response from Wells Fargo at all. Counsel has worked with Janessa Tonig from Jaburg & Wilk
law firm who previously have represented Wells Fargo. Due to the holiday and lateness of
notification for the Defendants, the Court will continue this return hearing. Accordingly,
IT IS ORDERED resetting this Order to Show Cause Return Hearing on Plaintiff’s
Motion for Sanctions for December 3, 2008, at 8:45 a.m. (15 mins.), before:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
11/12/2008
Docket Code 005
Form V000A
Page 2
HONORABLE JEANNE GARCIA
JUDGE OF THE SUPERIOR COURT
OLD COURT HOUSE
THIRD FLOOR, COURTROOM 303
125 W. WASHINGTON
PHOENIX, AZ 85003
(602) 372-0610 TEL
(602) 372-0665 FAX
The Court suggests to counsel that he attempt to follow up with Ms. Janessa Koenig from
the Jaburg & Wilk law firm and advise her that the Court did continue this return hearing to see
if she or some one will be representing Defendant in this case. If she declines to make that
commitment, counsel is to advise the Court’s judicial assistant that there has been no notice of
appearance for the Defendant by December 1, 2008, and the Court will consider continuing the
December 3rd hearing.
9:19 a.m. Hearing concludes.
12/08/2008 — CV2008006908 BANK N A, WELLS FARGO 12/08/2008 HONORABLE JEANNE GARCIA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/10/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-006908
12/08/2008
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JEANNE GARCIA
C.I. Miller
Deputy
FONTE AL SOLE HOMEOWNERS
ASSOCIATION
CARRIE H SMITH
v.
WELLS FARGO BANK N A, et al.
- - - -
DISMISSAL MINUTE ENTRY
A Notice of Dismissal without prejudice has been presented to the court.
DISPOSITION:
Pursuant to Rule 41(a), ARCP, the dismissal is effective without court order.
