08/05/2009 — CV2009021410 INC, ELITE HOMEBUILDERS 08/05/2009 HONORABLE BETHANY G. HICKS View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/06/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-021410
08/05/2009
Docket Code 001
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BETHANY G. HICKS
M. Sahli
Deputy
WACHOVIA BANK N A
BENJAMIN REEVES
v.
ELITE HOMEBUILDERS INC, et al.
ANGELA L POTTS
CHAD PHILIP MIESEN
MINUTE ENTRY
2:04 p.m. This is the time set for Hearing re Order to Show Cause. Plaintiff is
represented by counsel, Benjamin Reeves. Defendant Elite Homebuilders, Inc. is represented by
counsel, Angela Potts and Nicole Miller. Defendant Sun Groves Homeowners Association is
represented by counsel, Chad Miesen.
Court reporter, Pamela Remus is present.
The Court finds that there appears to be a conflict of interest with regard to certain parties
present in the courtroom. Therefore,
IT IS ORDERED this matter will be forwarded to the Civil Presiding Judge for
reassignment to a new judge for all further matters.
1:58 p.m. Matter concludes.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
08/07/2009 — CV2009021410 INC, ELITE HOMEBUILDERS 08/07/2009 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/10/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-021410
08/07/2009
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
M. Sahli
Deputy
WACHOVIA BANK N A
BENJAMIN REEVES
v.
ELITE HOMEBUILDERS INC, et al.
ELITE HOMEBUILDERS INC
NO ADDRESS ON RECORD
NICOLE ANN MILLER
JASON E SMITH
JUDGE HICKS
JUDGE TRUJILLO
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to Honorable Bethany Hicks, who has disqualified
herself. The case was transferred to the Civil Presiding Judge for reassignment.
IT IS ORDERED reassigning this case to Civil Calendar CVJ05, the Honorable Richard
Trujillo for all further proceedings.
Pending:
⋅Order to Show Cause
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
08/13/2009 — CV2009021410 INC, ELITE HOMEBUILDERS 08/13/2009 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/14/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-021410
08/13/2009
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
M. Sahli
Deputy
WACHOVIA BANK N A
BENJAMIN REEVES
v.
ELITE HOMEBUILDERS INC, et al.
ELITE HOMEBUILDERS INC
NO ADDRESS ON RECORD
CURTIS S EKMARK
NICOLE ANN MILLER
JASON E SMITH
JUDGE GARCIA
JUDGE TRUJILLO
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to Honorable Richard Trujillo, who has disqualified
himself. The case was transferred to the Civil Presiding Judge for reassignment.
IT IS ORDERED reassigning this case to Civil Calendar CVJ18, the Honorable Jeanne
Garcia for all further proceedings.
Pending:
⋅Order to Show Cause
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp
08/17/2009 — CV2009021410 INC, ELITE HOMEBUILDERS 08/17/2009 HONORABLE JEANNE GARCIA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/19/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-021410
08/17/2009
Docket Code 087
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JEANNE GARCIA
C.I. Miller
Deputy
WACHOVIA BANK N A
BENJAMIN REEVES
v.
ELITE HOMEBUILDERS INC, et al.
- - - -
ORDER TO SHOW CAUSE ISSUED
Order to Show Cause Re: Plaintiff’s Application for Appointment of a Receiver is issued
returnable on August 19, 2009, at 11:00 a.m. (15 mins.), before the Honorable Jeanne Garcia,
Judge of the Superior Court, Old Court House, 125 West Washington, Third Floor, Courtroom
303, Phoenix, AZ 85003, TELEPHONE: (602) 372-0610.
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
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.
E-Courtroom Policies:
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-021410
08/17/2009
Docket Code 087
Form V000A
Page 2
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 calling 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.
08/19/2009 — CV2009021410 INC, ELITE HOMEBUILDERS 08/19/2009 HONORABLE JEANNE GARCIA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/26/2009 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-021410
08/19/2009
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JEANNE GARCIA
C.I. Miller
Deputy
WACHOVIA BANK N A
BENJAMIN REEVES
v.
ELITE HOMEBUILDERS INC, et al.
- - - -
NICOLE ANN MILLER
JASON E SMITH
CHARLIE DUNLAP
10645 N TATUM BLVD #200-219
PHOENIX AZ 85028
HEARING MINUTE ENTRY
COURTROOM 303-OCH
11:00 a.m. This is the time set for return hearing on Plaintiff’s Order to Show Cause Re
Application for Appointment of Receiver. Plaintiff is represented by counsel, Benjamin Reeves.
Defendant Tortosa Homeowners Association and San Tan Homeowners Association are
represented by counsel, Nicole Miller and Angela Potts.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Plaintiff’s counsel presents statements to the court and avows that all parties have been
served. Plaintiff’s counsel advised that he has conferred with Ms. Miller and Mr. Jason Smith
who represents Defendant Global Water Resources regarding the appointment of a receiver and
any changes to the form of order. Ms. Miller concurs. At this point, no one has objected to the
new form of order appointing a receiver. Mr. Reeves now presents an Exhibit “A” he wishes to
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-021410
08/19/2009
Docket Code 005
Form V000A
Page 2
attach to the new form of order presented, which sets forth the receiver’s schedule of fees. No
objection thereto at this time and same is attached to the order for the court’s consideration.
THE COURT FINDS that irreparable harm may occur to the property if a receiver is not
appointed to protect the property in question; a bond in the amount of $10,000.00 is set. Good
cause appearing,
IT IS ORDERED granting Plaintiff’s request for the appointment of a receiver and
appointing Charles Dunlap as Receiver upon the posting of a $10,000 bond in this matter, all in
accordance with formal written Order Appointing Receiver signed by the court on August 19,
2009, and entered (filed) by the clerk on August 19, 2009.
11:26 a.m. Hearing concludes.
