01/29/2013 — CV2012009295 HOMEOWNERS ASSOCIATION, SUPERSTITION MOUNTAIN 01/29/2013 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/07/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-009295
01/29/2013
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
K. Carter
Deputy
SUPERSTITION MOUNTAIN HOMEOWNERS
ASSOCIATION
JON R HULTGREN
v.
JACOB SIMONTON
MICHAEL J SHERIDAN
THERESA BUDENHOLZER KEELEY
RULING MINUTE ENTRY
The Court has received and reviewed Plaintiff Superstition Mountain Homeowners
Assoc.’s [Plaintiff] Motion for Summary Judgment filed against Defendant Jacob Simonton
[Defendant]. Defendant has failed to file a responsive pleading.
General Background:
Plaintiff has filed a complaint alleging a contractual dispute arising from real property
subject to restrictive covenants. Briefly stated, Defendant’s property is subject to the restrictive
covenants imposed by a homeowners association. The allegation is that Defendant has failed to
pay quarterly assessments and related fees and fines as required by these restrictive covenants.
Plaintiff asserts various counts in which it is alleged Defendant is separately in arrears
and delinquent on the payment of assessments. To date, Defendant has failed to cure the default
or non-payment of these assessments.
Plaintiff has made a prima facie showing that it is entitled to judgment against Defendant.
Defendant may not simply rest on the pleadings, but must show by competent evidence specific
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-009295
01/29/2013
Docket Code 019
Form V000A
Page 2
facts that create a genuine issue of fact for trial. A.R.C.P., Rule 56 [e] clearly provides that when
a motion for summary judgment has been filed and appropriately supported, “…an adverse party
may not rest upon the mere allegations or denials of the adverse party’s pleading, but the adverse
party’s response, by affidavits…must set forth specific facts showing that there is a genuine issue
for trial.”
Under these circumstances, Defendants have failed to do so. By failing to do so,
Defendants have waived any procedural or evidentiary arguments or objections that could have
been made in response to the Motion.1
The Court having reviewed the Motion does find that there is no genuine issue as to any
material fact and, further, that the Plaintiff, the moving party, is entitled to judgment as a matter
of law.
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment against Defendant
Jacob Simonton.
IT IS FURTHER ORDERED that should Plaintiff request attorney fees and costs, a
request for fees, affidavit and statement of costs shall be submitted in a timely manner.
IT IS FURTHER ORDERED that Plaintiff shall submit a proposed form of judgment in
conformity with this Court’s prior order and in conformity with A.R.C.P., Rule 58.
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.
1 Johnson by Johnson v. Svidergol, 157 Ariz. 333, 335 [App. 1988]; Kelly v. NationsBanc
Mortgage Corp.,199 Ariz. 284, 287[Sup. 2000].
02/13/2013 — CV2012009295 HOMEOWNERS ASSOCIATION, SUPERSTITION MOUNTAIN 02/13/2013 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/22/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-009295
02/13/2013
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
K. Carter
Deputy
SUPERSTITION MOUNTAIN HOMEOWNERS
ASSOCIATION
JON R HULTGREN
v.
JACOB SIMONTON
MICHAEL J SHERIDAN
THERESA BUDENHOLZER KEELEY
CASE ON INACTIVE CALENDAR
A Notice of Settlement has been received.
IT IS ORDERED placing this matter on the Inactive Calendar for dismissal on April 15,
2013, without further notice unless, prior to said date, Judgment is entered or filed, a Stipulation
for Dismissal is presented, or a Motion to Set and Certificate of Readiness is filed.
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.
04/23/2013 — CV2012009295 HOMEOWNERS ASSOCIATION, SUPERSTITION MOUNTAIN 04/23/2013 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-009295
04/23/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
S. Brown
Deputy
SUPERSTITION MOUNTAIN HOMEOWNERS
ASSOCIATION
JON R HULTGREN
v.
JACOB SIMONTON
MICHAEL J SHERIDAN
THERESA BUDENHOLZER KEELEY
ORDER SIGNED
IT IS ORDERED approving/granting Plaintiff’s Motion to Continue on Inactive
Calendar electronically filed on April 15, 2013, all in accordance with the formal written Order
Continuing Case on Inactive Calendar through June 28, 2013 signed by the Court on April 19,
2013 and entered (filed) by the clerk on April 23, 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.
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.
08/26/2013 — CV2012009295 HOMEOWNERS ASSOCIATION, SUPERSTITION MOUNTAIN 08/26/2013 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/27/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-009295
08/26/2013
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
J. Polanco
Deputy
SUPERSTITION MOUNTAIN HOMEOWNERS
ASSOCIATION
JON R HULTGREN
v.
JACOB SIMONTON
MICHAEL J SHERIDAN
THERESA BUDENHOLZER KEELEY
CASE DISMISSED
The Court has received the parties’ Stipulation for Dismissal without Prejudice, filed on
August 22, 2013. Accordingly,
IT IS ORDERED dismissing the above-entitled action without prejudice, , in accordance
with the formal written Order signed by the Court on August 26, 2013, and filed (entered) by the
Clerk on August 26, 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.
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.
