03/20/2012 — CV2012051190 ARCHITECT P L L C, MATTHEW HODEAUX 03/20/2012 HONORABLE MICHAEL R. MCVEY View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/21/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-051190
03/20/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL R. MCVEY
L. Carlson
Deputy
TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
ROBERT M FRISBEE
v.
MATTHEW HODEAUX ARCHITECT P L L C,
et al.
GEORGE H KING
TERESA H FOSTER
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application For Entry of Default Defendants
Joanne Carras and Businge Blainda in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).
The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Doody.
IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.
Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-051190
03/20/2012
Docket Code 023
Form V000A
Page 2
default coversheet and copies of the necessary filed documents to the commissioner’s division
for the entry of a default judgment.
IT IS FURTHER ORDERED, no further action will be taken by the assigned
commissioner until the necessary filed documents and coversheet are delivered to the division.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp
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.
03/29/2012 — CV2012051190 ARCHITECT P L L C, MATTHEW HODEAUX 03/29/2012 HONORABLE MICHAEL R. MCVEY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/30/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-051190
03/29/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL R. MCVEY
L. Carlson
Deputy
TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
ROBERT M FRISBEE
v.
MATTHEW HODEAUX ARCHITECT P L L C,
et al.
GEORGE H KING
MINUTE ENTRY
The Court having reviewed the “Parties’ Stipulation Regarding Plaintiff’s Motion For
Partial Summary Judgment” filed March 19, 2012,
IT IS ORDERED approving the Stipulation and granting Plaintiff’s Motion for Partial
Summary Judgment.
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.
04/04/2012 — CV2012051190 ARCHITECT P L L C, MATTHEW HODEAUX 04/04/2012 HONORABLE MICHAEL R. MCVEY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/05/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-051190
04/04/2012
Docket Code 021
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL R. MCVEY
L. Carlson
Deputy
TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
ROBERT M FRISBEE
v.
MATTHEW HODEAUX ARCHITECT P L L C,
et al.
GEORGE H KING
MINUTE ENTRY
Due to clerical error,
IT IS ORDERED, nunc pro tunc, vacating the minute entry dated March 29, 2012, that
granted Plaintiff’s Motion For Partial Summary Judgment.
IT IS FURTHER ORDERED approving the “Parties’ Stipulation Regarding Plaintiff’s
Motion For Partial Summary Judgment” filed March 19, 2012. Plaintiff’s Motion For Partial
Summary Judgment is hereby held in abeyance until after the Court has ruled on Defendants’
Motion To Dismiss.
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.
04/16/2012 — CV2012051190 ARCHITECT P L L C, MATTHEW HODEAUX 04/16/2012 HONORABLE MICHAEL R. MCVEY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/23/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-051190
04/16/2012
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL R. MCVEY
L. Carlson
Deputy
TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
ROBERT M FRISBEE
v.
MATTHEW HODEAUX ARCHITECT P L L C,
et al.
GEORGE H KING
TERESA H FOSTER
CASE DISMISSED
The Court has reviewed “MBH Defendants’ Motion To Dismiss”, Plaintiff’s Response
and Defendants’ Reply. The Court has also reviewed the joinder filed by Defendants Carras and
Balinda. For the reasons set forth in the Motion and Reply, the Court finds that Plaintiff did not
obtain the necessary approval of property owners of Plaintiff, as required in Paragraph 11.3 of
the CC&Rs. The Court also fines that all Defendants have standing to invoke the standing
requirement of the CC&Rs. Therefore,
IT IS ORDERED dismissing Plaintiff’s Complaint as to all Defendants without
prejudice.
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.
05/10/2012 — CV2012051190 ARCHITECT P L L C, MATTHEW HODEAUX 05/10/2012 HONORABLE MICHAEL R. MCVEY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/11/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-051190
05/10/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL R. MCVEY
R. Tomlinson
Deputy
TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
ROBERT M FRISBEE
v.
MATTHEW HODEAUX ARCHITECT P L L C,
et al.
GEORGE H KING
TERESA H FOSTER
MINUTE ENTRY
The Court has reviewed MBH Defendants’ Application for Attorneys’ Fees filed
April 27, 2012, the Affidavit in support thereof, Plaintiff’s Response, and Defendants’ Reply.
IT IS ORDERED awarding Defendants their attorneys’ fees in the amount of
$17,320.80.
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.
05/23/2012 — CV2012051190 ARCHITECT P L L C, MATTHEW HODEAUX 05/23/2012 HONORABLE MICHAEL R. MCVEY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/29/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-051190
05/23/2012
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL R. MCVEY
R. Tomlinson
Deputy
TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
ROBERT M FRISBEE
v.
MATTHEW HODEAUX ARCHITECT P L L C,
et al.
GEORGE H KING
TERESA H FOSTER
MINUTE ENTRY
The Court has reviewed Defendants’ proposed form of Judgment, the Application and
Affidavit in Support of Attorneys’ Fees submitted by Defendants Hodeaux Architect PLLC,
MBH Development, LLC, and Matthew and Katrina Hodeaux (“Hodeaux Defendants”); the
Hodeaux Defendants’ Statement of Costs; the Application and Affidavit for Attorneys’ Fees and
Statement of Costs submitted by Defendants Carras and Balinda; Plaintiff’s Objection to the
Hodeaux Defendants’ Application for Attorneys’ Fees as well as Plaintiff’s Objection to the
Application for Attorneys’ Fees filed by Carras and Balinda; and the Replies of the Hodeaux
Defendants and Defendants Carras and Balinda.
This Court finds that Plaintiff’s claims against these Defendants arose out of contract, and
as such, attorneys’ fees are awardable pursuant to A.R.S. § 12-341.01(A).
The Court has further considered the six factors set forth in Associated Indemnity
Corporation v. Warner, 143 Ariz. 567, 694 P.2d 1181 (1985).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-051190
05/23/2012
Docket Code 049
Form V000A
Page 2
IT IS ORDERED awarding the Hodeaux Defendants their attorneys’ fees in the amount
of $17,320.80 plus their taxable costs in the amount of $271.00.
IT IS FURTHER ORDERED awarding Defendants Carras and Balinda their taxable
costs in the amount of $235.00.
The Carras and Balinda Defendants have requested attorneys’ fees in excess of
$8,100.00. However, the Carras and Balinda Defendants did not become parties to this litigation
until March 16, 2012, when they filed their Motion to Dismiss. Prior to that time they had not
filed an Answer. Fees incurred after March 16, 2012, amounted to $827.50. Therefore,
IT IS ORDERED awarding Defendants Joanne Carras and Businge Balinda attorneys’
fees in the amount of $827.50, all as set forth in the Final Judgment of Dismissal Without
Prejudice signed and entered this date.
FILED: Final Judgment of Dismissal Without Prejudice
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.
06/20/2012 — CV2012051190 ARCHITECT P L L C, MATTHEW HODEAUX 06/20/2012 COMMISSIONER JOHN R. DOODY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/21/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-051190
06/20/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JOHN R. DOODY
L. Carlson
Deputy
TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
ROBERT M FRISBEE
v.
MATTHEW HODEAUX ARCHITECT P L L C,
et al.
GEORGE H KING
TERESA H FOSTER
MINUTE ENTRY
The Court has reviewed Plaintiff’s “Notice of Motion and Motion For Order Fixing
Amount of Cash Bond on Appeal”, the Response to said Motion, and the Reply to the Response.
Based on the foregoing, and the records and files in this case, Plaintiff’s supersedeas
bond shall be in the sum of $27,000.00.
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.
