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Maricopa County Superior Court Case CV2011-016976: public docket details, parties, minute entries, documents, and official source links for Val Vista Lakes Community Association, The.

Case Number

CV2011-016976

County

Maricopa

Caption

Not captured

Filed

11/10/2011

Case Type

Civil

Judge

Valenzuela, Michael

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/14/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-016976

01/10/2014

Docket Code 028
Form V000A
Page 1

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

Deputy

MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ

v.

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
MARK K SAHL

ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611

MINUTE ENTRY

Courtroom 203-SEA

2:00 p.m. This is the time set for telephonic Status Conference in this case. Plaintiff(s)
are not present but are represented by counsel, Steven W. Cheifetz. Defendant, Val Vista Lakes
Community Association, is not present but is represented by counsel, Mark K. Sahl. Defendants
Follmer appear telephonically on their behalf.

Discussion is held off the record regarding the progress at the subject residence. Mr.
Follmer is heard. Mr. Cheifetz is heard. Mr. Sahl is heard. Ms. Follmer is heard in response.

2:30 p.m. The Court proceeds on the record.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-016976

01/10/2014

Docket Code 028
Form V000A
Page 2

Mr. Cheifetz is heard and moves the Court to dismiss the trespass and nuisance claims
from the Complaint. There being no opposition,

IT IS ORDERED dismissing from the Complaint Plaintiff’s nuisance claim and
Plaintiff’s trespass claim.

Discussion is held regarding another home visit to the subject residence by the Court. By
agreement, the Court will view the property on January 16, 2014 at 2:00 p.m.

Discussion is held regarding the necessity of the trial currently set in this matter. Ms.
Follmer is heard regarding the Joint Pretrial Statement. Mr. Follmer is heard in response.
Discussion is held.

2:47 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/29/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-016976

01/23/2014

Docket Code 027
Form V000A
Page 1

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

Deputy

MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ

v.

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
MARK K SAHL

ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611

MINUTE ENTRY

Courtroom 203-SEA

10:05 a.m. This is the time set for Final Pretrial Conference in this case. Plaintiff(s)
Michael and Debra Merlie, are present with counsel, Steven W. Cheifetz. Defendant Val Vista
Lakes Community Association is represented by counsel, Mark K. Sahl. Community President,
Richard Andrews, is present. Counsel for the Association, Mark Arnett, is present. Defendants
Robert A. and Lois M. Follmer are present on their own behalf.

Prior to the commencement of the conference Plaintiff’s Exhibits 1-15 were marked for
identification.

Discussion is held regarding caucusing.

10:10 a.m. A record of the proceedings is made by audio and/or videotape in lieu of a
court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-016976

01/23/2014

Docket Code 027
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.

The Court proceeds off the record. The parties caucus with the Court.

2:57 p.m. A record of the proceedings is made by audio and/or videotape in lieu of a
court reporter.

The parties and counsel are present in the courtroom.

The parties report that they have settled this case under the following terms:

 The HOA will pay to Plaintiffs $43,500.00.

 Other than the previously issued Injunction this case will be dismissed with
prejudice.

 The HOA’s counsel will prepare a stipulation for dismissal with prejudice and the
stipulation will be signed by all of the parties.

 The HOA’s counsel will prepare a standard mutual release and the parties will
sign that document.

 Other than the payment of $43, 500.00 discussed above, each side will bear their
own costs and attorney fees.

 Judge Foster issued an Injunction in this case in June, 2013. Defendants Follmer
give up their right to appeal regarding this Injunction.

 The parties further agree that the Court will issue the following orders regarding
this Injunction:

1. This Injunction is continuing and is permanent and will remain in full
force and effect as long as the Follmers live in or control or own the
subject residence.

2. The Merlies have the right but not the obligation to enforce the Injunction.

3. The HOA has the right but not the obligation to enforce the Injunction.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-016976

01/23/2014

Docket Code 027
Form V000A
Page 3

4. The HOA’s right to enforce the Injunction does not create any greater
obligation by the HOA to enforce the CC&Rs than it has regarding any
other property owner.

Pursuant to Rule 80(d) the Court finds that the parties have reached a binding agreement.

IT IS ORDERED vacating all pending court settings including the trial that had been
scheduled.

IT IS ORDERED placing this case on the Inactive Calendar for dismissal on February
21, 2014.

The Court notes that Defendants Follmer have filed a Motion to Extend Compliance
Date.

Pursuant to motion of the Follmers and there being no objection,

IT IS ORDERED extending prior deadlines. More specifically,

IT IS ORDERED that in order to purge their contempt, Defendants must endeavor on an
expedited basis to comply with the permanent injunction and must fully comply with that
permanent injunction by no later than February 28, 2014.

IT IS FURTHER ORDERED effective February 28, 2014, and continuing until
Defendants bring their property into full compliance with the permanent injunction, Defendants
must pay both of the following: first, $60 per day to Plaintiffs, and second, all reasonable
attorney’s fees incurred by Plaintiffs on or after February 28, 2014 to the extent that the fees
relate to non-compliance by Defendants with the permanent injunction.

There being no further need to retain the exhibits not offered in evidence in the custody of
the Clerk of the Court,

IT IS ORDERED that the Clerk permanently release all exhibits not offered in evidence to
the counsel causing them to be marked.

IT IS FURTHER ORDERED that counsel take immediate possession of all exhibits
referenced above.

3:10 p.m. Matter concludes.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-016976

01/23/2014

Docket Code 027
Form V000A
Page 4

FILED: Exhibit Worksheet, Exhibit Release Form

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/06/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
02/05/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. LaMarsh/J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument for March 14, 2013 at 3:00 p.m. (time
allotted: 30 minutes) in this Division. If additional time is requested, counsel shall contact the
Court.
THE HONORABLE GEORGE H. FOSTER
Maricopa County Superior Court
101 W. Jefferson
East Court Building, Courtroom 513
Phoenix, AZ 85003
(602) 506-3892

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
02/05/2013
Docket Code 094
Form V000A
Page 2
Argument will be presented to the Court on the following motion(s):
1. Plaintiff’s Motion for Partial Summary Judgment for Injunctive Relief against
Defendants Robert A. Follmer and Lois M. Follmer, filed November 30, 2012.
2. Defendant’s Cross Motion for Summary Judgment on all Claims with Prejudice
and Motion to Strike Photos and Portion of Video, filed January 11, 2013.
3. Plaintiff’s Motion for Partial Summary Judgment on Count One of their First
Amended Complaint against Defendant The Val Vista Lakes Community
Association, filed November 30, 2012.
4. Defendant’s Cross Motion for Summary Judgment on all Claims, filed

January 4, 2013.
Unless otherwise advised by the Court at oral argument, the parties should assume that
the Court has reviewed the parties’ memoranda. Accordingly, the parties should be prepared to
focus on the key issues in dispute and to answer questions from the Court.
A Court Reporter may be requested by contacting the Court’s Judicial Assistant by e-mail
at [email protected]. Requests will ONLY be accepted by e-mail. Please
do not call the Division.
NOTE: All Court proceedings held in chambers are not recorded digitally and no court
reporter is present. All courtroom 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.
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 ***
02/07/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
02/06/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
RUSSELL R YURK
ORDER SIGNED
The Court having received and reviewed the Notice of Cancellation of Settlement
Conference – and – Expedited Request to Continue Deadline for Conducting Settlement
Conference, dated February 5, 2013,
IT IS ORDERED approving the request and extending the deadline to conduct the
settlement conference to March 15, 2013, all in accordance with the formal written Order signed
by the Court on February 5, 2013 and entered (filed) by the Clerk on February 6, 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
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
02/06/2013
Docket Code 022
Form V000A
Page 2
NOTE: It is this Division’s preference that counsel/parties allow sufficient time for
the Order signed by the Court to be scanned and docketed before contacting the Division
regarding the same.
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 ***
02/17/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
02/16/2012
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
SCOTT CARPENTER
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Defendant’s Motion to Dismiss,
electronically filed on January 3, 2012, for March 7, 2012 at 2:00 p.m. (time allotted: 15
minutes) in this Division. Counsel’s arguments are limited to five (5) minutes per side. If
additional time is requested, counsel shall contact the Court.
THE HONORABLE GEORGE H. FOSTER
Maricopa County Superior Court
101 W. Jefferson
East Court Building, Courtroom 811
Phoenix, AZ 85003
(602) 506-3892
Unless otherwise advised by the Court at oral argument, the parties should assume that
the Court has reviewed the parties’ memoranda. Accordingly, the parties should be prepared to
focus on the key issues in dispute and to answer questions from the Court.
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 ***
02/24/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
02/23/2012
Docket Code 095
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE
SCOTT CARPENTER
ORAL ARGUMENT RESET
In light of a conflict with the Court’s calendar,
IT IS ORDERED vacating Oral Argument on Defendant’s Motion to Dismiss set for
March 7, 2012, and resetting same for April 6, 2012 at 2:00 p.m. (time allotted: 15 minutes) in
this Division. Counsel’s arguments are limited to five (5) minutes per side. If additional time is
requested, counsel shall contact the Court.
THE HONORABLE GEORGE H. FOSTER
Maricopa County Superior Court
101 W. Jefferson
East Court Building, Courtroom 811
Phoenix, AZ 85003
(602) 506-3892
Unless otherwise advised by the Court at oral argument, the parties should assume that
the Court has reviewed the parties’ memoranda. Accordingly, the parties should be prepared to
focus on the key issues in dispute and to answer questions from the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
02/23/2012
Docket Code 095
Form V000A
Page 2
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 ***
03/15/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
03/14/2013
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MATTER UNDER ADVISEMENT
East Court Building – Courtroom 513
3:09 p.m. This is the time set for Oral Argument on the following motions:
1. Plaintiff’s Motion for Partial Summary Judgment for Injunctive Relief against
Defendants Robert A. Follmer and Lois M. Follmer, filed November 30, 2012.
2. Defendant’s Cross Motion for Summary Judgment on all Claims with Prejudice and
Motion to Strike Photos and Portion of Video, filed January 11, 2013.
3. Plaintiff’s Motion for Partial Summary Judgment on Count One of their First
Amended Complaint against Defendant The Val Vista Lakes Community
Association, filed November 30, 2012; and

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
03/14/2013
Docket Code 020
Form V000A
Page 2
4. Defendant’s Cross Motion for Summary Judgment on all Claims, filed

January 4, 2013.
Plaintiffs Michael Merlie and Debra Merlie are present and represented by counsel,
Steven W. Cheifetz. Defendants Robert Follmer and Lois Follmer are present on their own
behalf. Defendant The Val Vista Lakes Community Association is represented by counsel,
Scott B. Carpenter and Mark K. Sahl.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the motions pending before the Court.
Oral argument is presented.
IT IS ORDERED taking these matters under advisement.
4:23 p.m. Matter concludes.
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 ***
04/05/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
04/04/2012
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
RULING
ORAL ARGUMENT VACATED
The Court has received and reviewed the parties’ Stipulation and Joint Motion to Vacate
April 6, 2012 Oral Argument, electronically filed March 27, 2012, and enters the following
ruling.
IT IS ORDERED the parties’ request is granted.
IT IS FURTHER ORDERED vacating the Oral Argument set for April 6, 2012 at
2:00 p.m. in this Division.
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.

Clerk of the Superior Court

*** Electronically Filed ***

04/17/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-016976

04/07/2020

Docket Code LED
Form EXHCVREL
Page 1

CLERK OF THE COURT
EXHIBITS UNIT
C. Concholar (EXB)

Deputy

MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ

v.

VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
MARK K SAHL

ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611

NOTICE REGARDING DISPOSITION OF EXHIBITS

The Clerk of the Superior Court is in possession of exhibits in the above captioned case. This
case has been reviewed pursuant to Rules of Court Criminal Procedure, Rule 28.1; Superior
Court - Local Rules of Maricopa County, Rule 2.8(d); Rules of Civil Appellate Procedures, Rule
11(a)(6); and is not subject to further modification.

To claim your exhibits, please call 602-372-2284 to make an appointment. Appointments
are available Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. If the
exhibits need to be retained, a request must be made in writing within ten (10) days of the
mailing of this notice.

The subject exhibits will not be eligible for release until 5/1/2020 and must be collected
by 6/17/2020 or the exhibits shall be disposed. The following party(ies) have exhibits that need

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2011-016976

04/07/2020

Docket Code LED
Form EXHCVREL
Page 2

to be collected: Plaintiff and Defendant. Exhibits may only be released to the party which
presented the exhibits. For further verification please contact the Exhibits Unit at 602-372-2284.

This notice serves as the only written notification regarding disposition of these exhibits.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/13/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
04/12/2012
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
NO ADDRESS ON RECORD
LOIS M FOLLMER
NO ADDRESS ON RECORD
ORDER SIGNED
IT IS ORDERED approving Plaintiffs’ Stipulation to Allow Plaintiffs to file First
Amended Complaint, electronically filed on March 27, 2012, all in accordance with the formal
written Order signed by the Court on April 6, 2012 and entered (filed) by the Clerk on
April 12, 2012.
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.
NOTE: It is this Division’s preference that counsel/parties allow sufficient time for
the Order signed by the Court to be scanned and docketed before contacting the Division
regarding the same.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
04/12/2012
Docket Code 022
Form V000A
Page 2
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 ***
05/10/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
05/09/2013
Docket Code 027
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
PRETRIAL CONFERENCE
9:12 a.m. In chambers. This is the time set for a Telephonic Comprehensive Pretrial
Conference pursuant to the parties’ October 17, 2012 Scheduling Order. All parties appear
telephonically. Plaintiffs are represented by counsel, Chase E. Halsey. Defendant The Val Vista
Lakes Community Association is represented by counsel, Mark Sahl. Defendant Lois M.
Follmer is present on her own behalf.
No court reporter is present.
Discussion is held regarding the status of the case. In that regard, the Court is advised
that the parties have stipulated to suspend some of the pretrial deadlines pending the Court’s
ruling on the matters currently under advisement.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
05/09/2013
Docket Code 027
Form V000A
Page 2
The parties are advised that as of July 1, 2013, this Division’s calendar will be assigned
to the Hon. Douglas Gerlach.
9:16 a.m. LET THE RECORD REFLECT that Defendant Robert Follmer is now
present telephonically on his own behalf.
Further discussion is held.
The Court notes that given the current posture of the case, a trial date shall be set at a
later time. A status conference shall be set approximately 30-60 days following the Court’s under
advisement ruling if needed.
9:18 a.m. Matter concludes.
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 ***
05/13/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
05/10/2013
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
UNDER ADVISEMENT RULING
The Court took under advisement the matter of the Plaintiffs’ Motion for Summary
Judgment for Injunctive relief against Defendants Follmer. The Court has considered the
motion, the response, the reply and the arguments of the parties.
Based on the matters presented, the Court finds that the Plaintiffs are entitled to
injunctive relief against the Defendants Follmer. The Court finds there is no issue of material
fact and the Plaintiffs are entitled to judgment as a matter of law.
The properties owed by the Plaintiffs and the Defendants are within a subdivision subject
to certain covenants conditions and restrictions (“CCRs”) or deed restrictions. The deed
restrictions contain provisions that prohibit the accumulation of debris, trash, garbage so as to
render any property unsanitary or unsightly or offensive. It also provides that no garbage or
trash shall be placed or kept on any lot or parcel except in covered containers of a type, size and
style which are approved by the Architectural Committee. Further, it provides that all rubbish,
trash, or garbage shall be removed from the lots and shall not be allowed to accumulate thereon.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
05/10/2013
Docket Code 926
Form V000A
Page 2
The evidence is uncontroverted that the Defendants have violated the foregoing
provisions of the CCRs. The Court further finds that the conditions on the property of the
Defendants Follmer are unsightly and offensive to a reasonable person. The evidence in this
case is overwhelming and the Defendants offer no controverting evidence.
IT IS ORDERED, granting Plaintiffs’ Motion for Partial Summary Judgment.
The Court has also considered the Cross Motion for Summary Judgment filed by the
Defendants Follmer. The Court finds the motion is not supported by the facts and the law and is
accordingly, DENIED.
The Court has considered the matter of the Plaintiffs’ Motion for Partial Summary
Judgment on Count One of their First Amended Complaint against the Val Vista Lakes
Community Association (the “Association”). The essence of the motion seeks to have the Court
find that the Association failed to enforce the terms of the CCRs against the Follmers. Based on
the matters presented, the Court finds the Plaintiffs are not entitled to summary judgment as a
matter of law as there are issues of material fact. The record indicates that the Association took
several actions in an effort to enforce the deed restrictions. Whether the actions of the
Association were reasonable is a question for the trier of fact, not the judge.
IT IS ORDERED, denying the Motion for Partial Summary Judgment against the
Association.
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 ***
05/15/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
05/14/2013
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
NUNC PRO TUNC ORDER
IT IS ORDERED nunc pro tunc amending the Under Advisement Ruling Minute Entry
dated May 10, 2013, page 2, to reflect the following:
IT IS ORDERED, denying the Motion for Partial Summary Judgment by and against the
Association.
The remainder of the minute entry stands in effect as stated therein.
The
minute
entry
dated
May
10,
2013
is
available
for
viewing
at:
http://www.courtminutes.maricopa.gov.
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 ***
05/16/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
05/15/2012
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
NO ADDRESS ON RECORD
LOIS M FOLLMER
NO ADDRESS ON RECORD
ORDER SIGNED
IT IS ORDERED granting Plaintiffs’ Motion for Order Authorizing Alternative Service,
electronically filed on April 25, 2012, all in accordance with the formal written Order signed by
the Court on May 14, 2012 and entered (filed) by the Clerk on May 15, 2012.
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.
NOTE: It is this Division’s preference that counsel/parties allow sufficient time for
the Order signed by the Court to be scanned and docketed before contacting the Division
regarding the same.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
05/15/2012
Docket Code 022
Form V000A
Page 2
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 ***
06/21/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
06/20/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
ORDER SIGNED
The Court has received and reviewed the Plaintiffs’ Notice of Lodging Form of Order
Granting Permanent Injunction Against Defendants Robert A. Follmer and Lois M. Follmer,
filed on May 31, 2013. Accordingly,
IT IS ORDERED approving and settling formal written Permanent Injunction, signed by
the Court on June 19, 2013, and filed (entered) by the Clerk on June 20, 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
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
06/20/2013
Docket Code 022
Form V000A
Page 2
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 ***
08/05/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
08/02/2013
Docket Code 059
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DOUGLAS GERLACH
C. Keller/R. Tomlinson
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
DOCKET-CIVIL-CCC
JUDGE ACETO
CASE TRANSFER TO SOUTHEAST JUDICIAL DISTRICT
The Court has reviewed the materials filed in support of and in opposition to Defendants
Robert A. Follmer and Lois M. Follmer’s Motion for a Change of Venue from Phoenix Superior
Court to the Mesa Superior Court, filed June 27, 2013.
IT IS ORDERED granting the Motion and transferring this case to the Southeast
Judicial District for all further proceedings. On balance, the factors listed in Maricopa County
Local Rule 10.3(b) support the requested transfer. See also Ariz. R. Civ. P. 1. And, the
suggestion that the request amounts to forum shopping is of no consequence given the rotation
that has resulted in a new judge assuming responsibility for the case.
IT IS FURTHER ORDERED all parties are advised that this case will retain its current
case number.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
08/02/2013
Docket Code 059
Form V000A
Page 2
IT IS FURTHER ORDERED that this case will be assigned to the Honorable

Mark F. Aceto for all further proceedings.
IT IS FURTHER ORDERED that the docket system be amended by Clerk of Court
staff to reflect the transfer of this case to the Southeast Judicial District.
SUPERIOR COURT OF MARICOPA COUNTY
SOUTHEAST JUDICIAL DISTRICT
222 EAST JAVELINA
MESA, ARIZONA 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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
08/02/2013
Docket Code 059
Form V000A
Page 3
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 ***
08/07/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
08/03/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
L. Stogsdill
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
ORDER TO FILE JOINT PROPOSED SCHEDULING ORDER
The Court has reviewed Plaintiffs’ Request for Rule 16 (b) Conference, electronically
filed on August 1, 2012. Accordingly,
IT IS ORDERED as follows:
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. Counsel and/or the parties shall prepare and file with the Court, no
later than 5:00 p.m. on September 4, 2012, a Joint proposed Scheduling Order, for discovery,
motion and disclosure deadlines.
If the parties agree to the dates, they should prepare an Order in the form attached
hereto, containing the provisions which are applicable to their case. For example, paragraph one
of the Order set forth below need not be included in the parties’ proposed Order if the parties

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
08/03/2012
Docket Code 023
Form V000A
Page 2
intend to disclose their experts’ identity and opinions at the same time they disclose their
experts’ areas of testimony. Similarly, if the parties agree to simultaneously disclose the identity
and opinions of their expert witnesses, they need not include in their proposed Order the
language set forth in paragraph 2a. and b., below.
The proposed Order shall include specific dates (June 5, 2009 rather than 45 days from
close of discovery). Do not incorporate a firm trial date in the proposed Order.
If counsel are unable to agree on any of the items that are to be included in the Order, the
reasons for their inability to agree shall be set forth in their proposed Order.
The Court will review the proposed Scheduling Order. If all is in order, the Court will set
a status conference close to the discovery cutoff date. At the status conference, if the parties
have completed discovery and are ready for trial, the Court will set firm dates for the final
pretrial management conference and the trial. If the parties are not ready for trial, the matter will
be placed on the Inactive Calendar for dismissal within 60 days.
If counsel feel a pretrial conference is still necessary at this stage of the litigation, they
should address the reasons why in the first paragraph of the proposed Scheduling Order.
If a Joint proposed Scheduling Order is not timely submitted, the Court will place the
matter back on the Inactive Calendar for dismissal.
IT IS FURTHER ORDERED that all motions, responses, replies and other Court
requested filings in this case must be submitted individually. Counsel shall not combine any
motion with a responsive pleading. All motions are to be filed separately and designated as such.
No pleadings will be accepted if filed in combination with another.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
08/03/2012
Docket Code 023
Form V000A
Page 3
[PROPOSED] SCHEDULING ORDER
The Court has reviewed the parties’ Joint Proposed Scheduling Order and adopts and/or
modifies the days as follows:
IT IS ORDERED as follows:
1. The parties shall mutually and simultaneously disclose areas of expert testimony by
5:00 p.m. on ________, 2012. [or]
a. Plaintiffs shall disclose areas of expert testimony by 5:00 p.m. on _________,
2012.
b. Defendants shall disclose areas of expert testimony by 5:00 p.m. on _________,
2012.
2. The parties shall mutually and simultaneously disclose the identity and opinions of
their expert witnesses by 5:00 p.m. on ________, 2012. [or]
a. Plaintiffs shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2012.
b. Defendants shall disclose the identity and opinions of their expert witnesses by
5:00 p.m. on ________, 2012.
3. Any and all discovery requests shall be served by 5:00 p.m. on ________, 2012.
4. The parties shall disclose all non-expert witnesses by 5:00 p.m. on ________, 2012.
[or]
a. Plaintiffs shall disclose areas of non-expert testimony by 5:00 p.m. on ________,
2012.
b. Defendants shall disclose areas of non-expert testimony by 5:00 p.m. on
________, 2012.
5. The parties shall mutually and simultaneously disclose their rebuttal expert witnesses
and opinions by 5:00 p.m. on ________, 2012.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
08/03/2012
Docket Code 023
Form V000A
Page 4
6. All discovery shall be concluded by 5:00 p.m. on ________, 2012.
7. The parties shall have exchanged up-to-date final Rule 26.1 Supplemental Disclosure
Statements by 5:00 p.m. on ________, 2012. This Order does not replace the parties’
obligation to seasonably disclose on an on-going basis under Rule 26.1 as information
becomes available.
8. Settlement conference (choose one):
The parties shall participate in private mediation by 5:00 p.m. on ________, 2012;
OR
The parties shall participate in a mandatory Settlement Conference. This case is
referred to the Court's Alternative Dispute Resolution for the 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
any "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 requested
to conduct a settlement conference not later than (at least 90 days out), 2012. The
Office of Alternative Dispute Resolution will not do the scheduling of the settlement
conference so please do not contact that office. If counsel prefer to use a private
mediator to conduct the Settlement Conference, a Stipulation and Order re:
Alternative to ADR must be presented to the Court by 5:00 p.m. on ________, 2012.
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. Sanctions may be imposed for failure
to participate.
9. 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.
10. All pretrial motions, other than motions in limine, must be filed by 5:00 p.m. on
________, 2012.
11. A Telephonic Pretrial Status/Scheduling Conference is set for ______, 2012 at
____a.m./p.m. for the purpose of assigning a trial date if the case has not settled.
Counsel shall have their trial calendars available. Counsel for Plaintiff shall initiate

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
08/03/2012
Docket Code 023
Form V000A
Page 5
the telephonic conference by first arranging the presence of all other counsel on the
conference call and by calling this division at: (602) 506-3892 promptly at the
scheduled time.
12. Should any discovery disputes arise, counsel, prior to filing discovery motions, shall
meet and confer pursuant to Rule 37, Ariz.R.Civ.P.
13. The dates set forth in this Order are FIRM dates and will not be extended or modified
by this Court absent good cause. Lack of preparation will not ordinarily be
considered good cause.
14. This case is removed from the Inactive Calendar and all requirements of Rule 38.1,
Ariz.R.Civ.P., are waived unless and until otherwise ordered by the Court.
Dated:
HONORABLE GEORGE H. FOSTER, JR.
JUDICIAL OFFICER OF THE SUPERIOR COURT
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 ***
08/20/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
08/17/2012
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
ORAL ARGUMENT SET
IT IS ORDERED setting Oral Argument on Plaintiffs’ Motion to Compel Rule 34
Request for Entry Upon Land for Inspection Against Follmer Defendants, electronically filed on
July 31, 2012, for September 20, 2012 at 9:30 a.m. (time allotted: 15 minutes) in this
Division. Arguments are limited to five (5) minutes per side. If additional time is requested,
counsel shall contact the Court. All parties and counsel are to appear in person before:
THE HONORABLE GEORGE H. FOSTER
Maricopa County Superior Court
101 W. Jefferson
East Court Building, Courtroom 513
Phoenix, AZ 85003
(602) 506-3892

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
08/17/2012
Docket Code 094
Form V000A
Page 2
Unless otherwise advised by the Court at oral argument, the parties should assume that
the Court has reviewed the parties’ memoranda. Accordingly, the parties should be prepared to
focus on the key issues in dispute and to answer questions from the Court.
A Court Reporter may be requested by contacting the Court’s Judicial Assistant by e-mail
at [email protected]. Requests will ONLY be accepted by e-mail. Please
do not call the Division.
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.
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 ***
09/10/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/09/2013
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
BENCH TRIAL SETTING
FINAL PRETRIAL CONFERENCE SETTING
IT IS ORDERED AS FOLLOWS:
TRIAL
This matter is set for a Bench Trial on February 10, 2014 at 9:00 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: 1-2 days.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/09/2013
Docket Code 089
Form V000A
Page 2
FINAL PRETRIAL CONFERENCE
This matter is set for Final Pretrial Conference on January 17, 2014 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.
Compliance with Rule 16(d). The parties must comply with Rule 16(d), 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

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/09/2013
Docket Code 089
Form V000A
Page 3
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.
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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/09/2013
Docket Code 089
Form V000A
Page 4
3
4
DIRECT & CROSS TOTAL: _________________
WITNESSES FOR DEFENDANT(S)
WITNESS NAME
DIRECT
CROSS
1
2
3
4
DIRECT, REDIRECT & CROSS TOTAL: _______________
TOTAL WITNESS TIME ESTIMATE: ___________________________

Michael K. Jeanes, Clerk of Court
*** Filed ***
09/10/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/09/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MINUTE ENTRY
INJUNCTION MODIFIED
On June 20, 2013, the Court (i.e. Judge Foster) issued a “Permanent Injunction”. The
Court makes note of the following:
•
The final paragraph of the “Permanent Injunction” discusses steps that might be
taken by the Court in the event of failure to comply with the injunction.
•
For example, the final paragraph of the injunction talks of a possible fine.
Currently, the assigned Judge has no idea who any such fine would be paid to.
•
The “Permanent Injunction” is a Court order. Failure to comply with this Court
order may constitute contempt of Court. With or without the final paragraph of

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/09/2013
Docket Code 023
Form V000A
Page 2
the “Permanent Injunction”, the Court has the power to find Defendants in
contempt and to use its inherent powers to enforce the “Permanent Injunction”.
Under the circumstances, on Court’s own motion,
IT IS ORDERED amending the Permanent Injunction dated June 20, 2013, by deleting
the final paragraph. That said, the Court retains the power to hold Defendants in contempt and to
enforce its orders.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Filed ***
09/10/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/09/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MINUTE ENTRY
DEADLINES
Certain deadlines were established through an order dated October 17, 2012. Regarding
those deadlines, the Court makes note of the following:
•
All of the deadlines established in the October 17 order passed on or before May
1, 2013.
•
Judge Foster’s minute entry of May 9, 2013, noted that “the parties have
stipulated to suspend some of the pretrial deadlines pending the Court’s ruling on
the matters currently under advisement.”

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/09/2013
Docket Code 019
Form V000A
Page 2
•
Judge Foster ruled on the matters that had been under advisement through minute
entries dated May 10 and May 11, 2013.
•
The Court has never issued an order extending the above referred to deadlines.
Under the circumstances, on Court’s own motion,
IT IS ORDERED as follows:
•
The deadline for completion of discovery is 5:00 p.m. on September 30,
2013.
•
The deadline for final supplementation of Rule 26.1 disclosure is 5:00
p.m. on September 30, 2013.
•
The deadline for filing dispositive or partially dispositive motions is 5:00
p.m. on September 30, 2013.
This division has mailed a copy of this minute entry to the Follmer Defendants on or
before September 10, 2013.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Filed ***
09/10/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/09/2013
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MINUTE ENTRY
On August 20, 2013, Plaintiffs filed a “Motion for Civil Contempt Against Robert and
Lois Follmer for Failure to Comply With a Permanent Injunction”.
IT IS ORDERED setting an Evidentiary Hearing regarding this motion on September
26, 2013 at 11:00 a.m. before:
THE HONORABLE MARK F ACETO
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 203
222 E. JAVELINA
MESA, AZ 85210

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/09/2013
Docket Code 056
Form V000A
Page 2
IT IS FURTHER ORDERED any evidence intended to be submitted as exhibits at the
time of the Evidentiary Hearing must be brought to Courtroom 203 at least two (2) business days
prior to the hearing, along with an attached cover sheet listing the description of the exhibits.
IT IS ORDERED that both Defendant Robert Follmer and Defendant Lois Follmer be
present in Court for this Evidentiary Hearing. Failure of either of the Defendants to appear at the
Evidentiary Hearing may result in issuance of a civil arrest warrant.
This division has mailed a copy of this minute entry to the Follmer Defendants on or
before September 10, 2013.
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. Persons requesting copies of recorded proceedings do not have to
provide blank CDs. All CDs will be provided by the Court, regardless of when the copies are
made. A fee of $20.00 will apply to all copies requested, either on the day of the hearing or for
hearings recorded on an earlier date. Counsel or litigants must complete the appropriate request
form which may be obtained from the Self-Service Center or from Court staff and present the
completed form to the Self-Service Center. All fees must be handled through the Self-Service
Center. Upon payment of the appropriate fees through the Self-Service Center, a receipt will be
issued which shall then be presented to Court staff for preparation of the CD.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/26/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/20/2012
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MATTER UNDER ADVISEMENT
East Court Building – Courtroom 513
9:36 a.m. This is the time set for Oral Argument on Plaintiffs’ Motion to Compel

Rule 34 Request for Entry upon Land for Inspection against Follmer Defendants, electronically
filed on July 31, 2012. Plaintiffs are represented by counsel, Steven W. Cheifetz. Defendant,
The Val Vista Lakes Community Association, is represented by counsel, Mark K. Sahl appearing
on behalf of Scott Carpenter. Defendant Robert A. Follmer is present telephonically on his own
behalf. Defendant Lois M. Follmer is present telephonically on her own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The Court notes that currently pending are Plaintiffs’ Motion to Compel; Defendant
Follmers’ Motion to Seal Medical and Financial Information; and Defendant Follmers’ Motion
to Continue.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/20/2012
Docket Code 020
Form V000A
Page 2
For the reasons set forth on the record,
IT IS ORDERED denying Defendant Follmers’ September 14, 2012 Motion to
Continue.
Discussion is held.
Oral argument is presented to the Court.
LET THE RECORD REFLECT Plaintiffs’ counsel provides the Court a copy of the
CC&Rs for its review.
For the reasons set forth on the record,
IT IS ORDERED granting Plaintiffs’ Motion to Compel Rule 34 Request for Entry upon
Land for Inspection against Follmer Defendants.
IT IS FURTHER ORDERED Plaintiffs’ counsel and a photographer/videographer shall
be permitted access to the Defendants’ side and rear yards for thirty (30) minutes on

October 17, 2012, with the time to be determined by the parties. A representative of the
homeowners’ association and their counsel may be present at the same time. Plaintiffs shall
remain off of the Defendants’ property.
Defendants shall also be provided copies of all video and photographs taken of their
property.
Discussion is held regarding Defendant Follmers’ pending Motion to Seal.
IT IS ORDERED taking Defendant Follmers’ September 12, 2012 Motion to Seal
Medical and Financial Information under advisement.
10:18 a.m. Matter concludes.
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
*** Filed ***
10/02/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/26/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
MARK K SAHL
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MINUTE ENTRY
Courtroom 203-SEA
11:00 a.m. This is the time set for Evidentiary Hearing regarding contempt of Court in
this case. Plaintiff(s) Michael and Debra Merlie are present with counsel, Steven W. Cheifetz.
Defendant(s) Val Vista Lakes Community Association are not present but are represented by
counsel, Mark K. Sahl. Defendants Robert and Lois Follmer are present on their own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Prior to the commencement of the hearing, Plaintiff’s Exhibits 1 and 2 and Defendant’s
Exhibits 3 and 4 were marked for identification.
IT IS ORDERED establishing presumptive time limits of 16 minutes per side.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/26/2013
Docket Code 023
Form V000A
Page 2
Mr. Cheifetz is heard.
Robert Follmer is sworn and testifies. The witness is re-examined and excused.
Michael Merlie is sworn and testifies. The witness is cross-examined. Exhibit 1 is
offered, objected to, overruled and received in evidence. The witness is excused.
Plaintiff rests.
Lois Follmer is sworn and testifies. The witness is excused.
Defendants rest.
IT IS ORDERED that any information provided by the Defendants about their health
condition during today’s hearing may not be disclosed by anybody outside of the context of this
case.
THE COURT FINDS that the Defendants knew of the Court’s Order.
THE COURT FINDS that the Defendants had the ability to comply with the Court’s
Order to a greater extent than they actually complied.
THE COURT FINDS that Defendants willfully failed to comply with the Court’s Order.
Under the circumstances, the Court finds both Defendants to be in contempt of the
permanent injunction issued in this case.
Discussion is held.
By way of a purge,
IT IS ORDERED effective November 8, 2013, and continuing until Defendants bring
their property into full compliance with the permanent injunction, Defendants must pay both of
the following: first, $60 per day to Plaintiffs, and second, all reasonable attorney’s fees incurred
by Plaintiffs on or after November 8, 2013 to the extent that the fees relate to non-compliance by
Defendants with the permanent injunction.
Mr. Follmer is heard regarding their upcoming vacation plans the week of October 13,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/26/2013
Docket Code 023
Form V000A
Page 3
2013.
IT IS ORDERED setting a meeting with Court and the parties at Defendants’ home on
October 7, 2013 at 10:30 a.m.
IT IS FURTHER ORDERED that the following person(s) be present at the meeting:
Plaintiff’s counsel, Plaintiffs; if they wish to participate, counsel for Val Vista Lakes Community
Association and Defendants.
Ms. Follmer is heard regarding a possible medical appointment conflict with October 7,
2013. The Court advises Ms. Follmer that at least one of the Defendants needs to be present.
Ms. Follmer is heard and offers Defendant’s Exhibits 3 and 4 in evidence. Mr. Cheifetz is
heard.
IT IS ORDERED that the objection to Exhibit 3 is sustained and Exhibit 4 is received in
evidence.
There being no further need to retain the exhibits not offered in evidence in the custody of
the Clerk of the Court,
IT IS ORDERED that the Clerk permanently release all exhibits not offered in evidence
to the counsel/party causing them to be marked, or to their written designee.
IT IS FURTHER ORDERED that counsel/party or written designee take immediate
possession of all exhibits referenced above.
12:28 p.m. Matter concludes.
LATER:
For purposes of clarity, the Court expressly notes: in order to purge their contempt,
Defendants must endeavor on an expedited basis to comply with the permanent injunction and
must fully comply with that permanent injunction by no later than November 8, 2013.
/ s / HON. MARK F. ACETO

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
09/26/2013
Docket Code 023
Form V000A
Page 4
JUDICIAL OFFICER OF THE SUPERIOR COURT
FILED: Exhibit Release Forms, Exhibit Worksheet

Michael K. Jeanes, Clerk of Court
*** Filed ***
10/09/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/07/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MINUTE ENTRY
Courtroom 203-SEA
10:30 a.m. The Court participates in a view of the subject property. In addition to the
Court, the following are present: Plaintiff’s counsel Steven Cheifetz; Plaintiffs Michael and
Debra Merlie; Scott Carpenter, who is counsel for Defendant HOA; representatives of the HOA;
and Defendants Robert and Lois Follmer.
The Court makes note of the following:
•
Plaintiffs offered to arrange to have a dumpster put in place at the subject
property.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/07/2013
Docket Code 028
Form V000A
Page 2
•
Defendant HOA offers to provide manpower to assist in removal of things from
the back and side yards.
•
The Follmer’s express willingness to accept the offers of the other parties.
•
The parties agree that coordinated removal of items from the back and side yards
will take place at 8:00 a.m. on October 26, 2013.
•
The Court notes, in the event the parties need assistance in coordinating the above
discussed joint efforts, that they should contact the Court to request that a
telephonic status conference be set.
LATER
On Court’s own motion,
IT IS ORDERED setting a review hearing for November 21, 2013 at 1:30 p.m. before:
THE HONORABLE MARK F ACETO
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 203
222 E. JAVELINA
MESA, AZ 85210
IT IS ORDERED that Defendants Follmer and counsel for the other parties appear in
Court for this review hearing.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/21/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/16/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MINUTE ENTRY
On Court’s own motion,
IT IS ORDERED setting a Telephonic Status Conference for October 24, 2013 at 10:00
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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/16/2013
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/18/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/17/2012
Docket Code 026
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
ALTERNATIVE DISPUTE
RESOLUTION - CCC
COMPREHENSIVE PRETRIAL CONFERENCE SET
The Court having received Plaintiffs’ Notice of Lodging Joint Proposed Scheduling
Order, electronically filed September 4, 2012,
IT IS ORDERED approving the parties’ requests all in accordance with the formal
written Joint Scheduling Order, signed by the Court on October 12, 2012 and filed (entered) by
the Clerk on October 17, 2012.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/17/2012
Docket Code 026
Form V000A
Page 2
IT IS FURTHER ORDERED the parties shall participate in a mandatory settlement
conference. This case is referred to the Court’s Alternative Dispute Resolution for the
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
any “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 requested to conduct a
settlement conference not later than January 15, 2013. The Office of Alternative Dispute
Resolution will not do the scheduling of the settlement conference so please do not contact that
office. If counsel prefer to use a private mediator to conduct the settlement conference, a
Stipulation and Order re: Alternative to ADR must be presented to the Court by no later than
5:00 p.m. on November 16, 2012. 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. Sanctions may be imposed for failure to participate.
IT IS FURTHER ORDERED setting a Telephonic Comprehensive Pretrial Conference
for April 3, 2013 at 9:00 a.m. (time allotted: 15 minutes). NOTE: Counsel for the Plaintiff is
to initiate the telephonic conference by first arranging the presence of all other counsel or self-
represented parties on the conference call and by calling this Division (602-506-3892) promptly
at the scheduled time.
Suggestions to conference call attendees calling from outside the court system:
•
Do not use a speaker phone.
•
Do not use a cell phone. If possible, use a desk phone.
•
Avoid noisy areas.
•
Mute phone when not speaking.
•
State your name every time you address the Court.
Court’s Policy: Counsel are advised that trial will not be set any sooner than 90 days
after the deadline for dispositive motions. Once a trial date has been set, the Court will not
entertain any requests for any continuance, not even with a stipulation, nor will discovery and
other deadlines be extended.
IT IS FURTHER ORDERED that all motions, responses, replies and other Court
requested filings in this case must be submitted individually. Counsel shall not combine any
motion with a responsive pleading. All motions are to be filed separately and designated as such.
No pleadings will be accepted if filed in combination with another.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/17/2012
Docket Code 026
Form V000A
Page 3
IT IS FURTHER ORDERED that should any discovery disputes arise, counsel shall
MEET AND CONFER pursuant to Rule 37, then telephonically contact the Court to set up a
telephonic conference before any motions are filed.
IT IS FURTHER ORDERED that counsel shall notify the Court of any agreed-upon
extension of any time period provided by the Rules of Civil Procedure. The purpose of this order
is not to discourage extensions as a matter of professionalism, but to ensure that no party suffers
summary disposition of any issue by virtue of an extension of which the Court is not aware.
Any dispositive motions must be filed at least 90 days before trial. Any Motions in
Limine must be filed at least 30 days before trial unless otherwise ordered by the Court.
NOTE: The parties are advised that failure to appear at a hearing may result in
sanctions, including a Default Judgment.
A Court Reporter may be requested by contacting the Court’s Judicial Assistant by e-mail
at [email protected]. Requests will ONLY be accepted by e-mail. Please
do not call the Division.
NOTE: All Court proceedings held in chambers are not recorded digitally and no court
reporter is present. All courtroom 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.
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 ***
10/31/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/24/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MARK K SAHL
MINUTE ENTRY
Courtroom 203-SEA
10:00 a.m. This is the time set for telephonic Status Conference in this case. Plaintiff(s)
are not present but are represented by counsel, Steven W. Cheifetz. Defendant, Val Vista Lakes
Community Association, is not present but is represented by counsel, Mark Sahl. Follmer
Defendants appear telephonically with the Court on their own behalf.
This matter comes on off the record in the courtroom.
The Court, counsel and Defendants discuss the arrangements for further work at
Defendant’s property.
10:25 a.m. A record of the proceedings is made by audio and/or videotape in lieu of a
court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/24/2013
Docket Code 028
Form V000A
Page 2
The parties have agreed that this Judge can come out to the subject property this
Saturday, October 26, 2013, to view the project going on to clear the property. The Judge has
set the appointed time at 2:00 p.m. Mr. Sahl has agreed to be present on behalf of the
Community, or another lawyer on behalf of the Community will be present. All the parties state
their agreement.
Mr. Follmer is heard. Mr. Sahl is heard in response. Mr. Cheifetz is heard.
10:29 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/28/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MARK K SAHL
MINUTE ENTRY
On the Court’s own motion,
IT IS ORDERED setting a Telephonic Status Conference for October 31, 2013 at 11:00
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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/28/2013
Docket Code 028
Form V000A
Page 2
division at 602-506-5261, with all participating parties and counsel on the line, at the date and
time specified above.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/04/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/31/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
K. Conway
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MARK K SAHL
MINUTE ENTRY
Courtroom 203-SEA
11:01 a.m. This is the time set for telephonic Status Conference in this case. Counsel,
Steven W. Cheifetz, appears telephonically on behalf of the Plaintiff(s), who are not present.
Counsel, Mark Sahl, appears telephonically on behalf of Defendant, Val Vista Lakes Community
Association, who is not present. Defendants, Robert A. Follmer and Lois M. Follmer, appear
telephonically on their own behalf.
The proceeding is not recorded.
The Court, Counsel and Defendants discuss the issues of this case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
10/31/2013
Docket Code 028
Form V000A
Page 2
Based upon the discussion held and the matters presented herein,
IT IS ORDERED setting a Telephonic Status Conference for November 7, 2013 at 2:00
p.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.
11:41 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/08/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
11/06/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
K. Gilmet
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MINUTE ENTRY
On September 30, 2013, the Follmer Defendants filed a “Motion For Relief From
Judgment And Cross Motion For Defamation of Character And Cross Motion For Intrusion
Upon Seclusion”. The Court has reviewed Defendants’ motion and the response thereto. Under
the circumstances, it is respectfully ordered denying the relief requested in the above identified
pleading.
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 ***
11/13/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
11/07/2013
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Kay
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MARK K SAHL
MINUTE ENTRY
Courtroom 207 – SEA
2:02 p.m. This is the time set for Telephonic Status Conference. Counsel, Steven W.
Cheifetz, appears telephonically on behalf of Plaintiffs. Counsel, Mark K. Sahl, appears
telephonically on behalf of Defendant The Val Vista Lakes Community Association. Defendants
Robert A. Follmer and Lois M. Follmer appear telephonically on their own behalf.
A record of the proceeding is made by audio and/or videotape in lieu of a court reporter.
The Court has reviewed the case file and the pleadings filed by the parties.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
11/07/2013
Docket Code 029
Form V000A
Page 2
The Court, counsel and Defendants discuss the arrangements for further work at
Defendants’ property.
IT IS ORDERED converting the Status Conference set for November 21, 2013 at 1:30
p.m. (1 hour reserved) and resetting it as a Telephonic Status Conference re: status of the
property removal on the same date and time before:
HONORABLE MARK F. ACETO
SOUTHEAST ADULT FACILITY
COURTROOM 203
222 EAST JAVELINA
MESA AZ 85210
IT IS ORDERED that all parties must participate in the Telephonic Status 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.
IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.
2:41 p.m. Conference concludes.
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.

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/21/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
11/19/2012
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
D & C MATERIALS-CSC
UNDER ADVISEMENT RULING
IT IS ORDERED granting the Motion to Seal the Medical and Financial Information of
Defendants Follmer.
IT IS FURTHER ORDERED directing the Clerk of Court to seal the Application for
Deferral or Waiver of Court Fees and/or Costs and Consent to Entry of Judgment, filed on
June 20, 2012, not to be opened without further order of the Court
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 ***
11/27/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
11/21/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
K. Conway
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MARK K SAHL
MINUTE ENTRY
Courtroom 203-SEA
1:30 p.m. This is the time set for Telephonic Status Conference in this case. Counsel,
Steven W. Cheifetz, appears telephonically on behalf of the Plaintiff(s), who are not present.
Counsel, Mark Sahl, appears telephonically on behalf of Defendant, Val Vista Lakes Community
Association, who is not present. Defendant, Robert A. Follmer, appears telephonically on his
own behalf.
The proceeding is not recorded.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
11/21/2013
Docket Code 028
Form V000A
Page 2
The Court, Counsel and Defendant discuss the plans for further work to be done at the
Defendants’ property.
Based upon the discussion held,
IT IS ORDERED setting a Telephonic Status Conference for December 12, 2013 at
10:00 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.

Michael K. Jeanes, Clerk of Court
*** Filed ***
12/13/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
12/12/2013
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
MARK K SAHL
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MINUTE ENTRY
Courtroom 203-SEA
10:05 a.m. This is the time set for telephonic Status Conference in this case. Plaintiff(s)
are not present but are represented by counsel, Steve3n W. Cheifetz. Defendant, Val Vista Lakes
Community Association, is not present but is represented by counsel, Mark K. Sahl.
Defendant(s) Robert A. and Lois M. Follmer, appear telephonically with the Court on their own
behalf.
Discussion is held off the record between Court, counsel and the Defendants regarding
deadlines for completion of the work at Defendants Follmer’s home. Mr. Cheifetz is heard. Mr.
Sahl is heard. The Follmers are heard.
The Court proceeds on the record. A record of the proceedings is made by audio and/or
videotape in lieu of a court reporter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
12/12/2013
Docket Code 028
Form V000A
Page 2
IT IS ORDERED extending prior deadlines. More specifically,
IT IS ORDERED that in order to purge their contempt, Defendants must endeavor on an
expedited basis to comply with the permanent injunction and must fully comply with that
permanent injunction by no later than January 21, 2014.
IT IS ORDERED effective January 21, 2014, and continuing until Defendants bring
their property into full compliance with the permanent injunction, Defendants must pay both of
the following: first, $60 per day to Plaintiffs, and second, all reasonable attorney’s fees incurred
by Plaintiffs on or after January 21, 2014 to the extent that the fees relate to non-compliance by
Defendants with the permanent injunction.
IT IS ORDERED setting another telephonic Status Conference for January 10, 2014 at
2:00 p.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.
Mrs. Follmer is heard regarding the scheduled Final Pretrial Conference date. Discussion
is held.
IT IS ORDERED continuing the Final Pretrial Conference in this case from January 17,
2014 to January 23, 2014 at 10:00 a.m.
10:42 a.m. Matter concludes.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court
*** Filed ***
12/16/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-016976
12/13/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
MICHAEL MERLIE, et al.
STEVEN W CHEIFETZ
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
SCOTT CARPENTER
ROBERT A FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
LOIS M FOLLMER
1349 E SEA GULL DR
GILBERT AZ 85234-2611
MARK K SAHL
MINUTE ENTRY
A final pretrial conference is set on January 23, 2014, at 10:00 a.m.
IT IS ORDERED that, in addition to the attorneys, the following be personally present
in Court for the final pretrial conference: Plaintiff Michael Merlie, Plaintiff Debra Merlie,
Defendant Robert Follmer, Defendant Lois Follmer, and a representative of Defendant Val Vista
Lakes Community Association with full settlement authority.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT

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