01/28/2013 — CV2012057063 FEDERAL CREDIT UNION, GENERAL MILLS 01/28/2013 HONORABLE MICHAEL D. GORDON View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/29/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-057063
01/28/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
GENERAL MILLS FEDERAL CREDIT UNION
JOSHUA ZIMMERMAN
v.
JORGE RUIZ, et al.
JORGE RUIZ
NO ADDRESS ON RECORD
WELLS FARGO BANK N A
NO ADDRESS ON RECORD
MARK A CIAFULLO
UNITED STATES OF AMERICA
INTERNAL REVENUE SERVICE
C/0 US ATTORNEY'S OFFICE
40 N CENTRAL AV #1200
PHOENIX AZ 85004
COMM. DOODY
ORDER ENTERED BY COURT
This division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) WELLS FARGO BANK N A and UNITED STATES OF AMERICA
INTERNAL REVENUE SERVICE 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-057063
01/28/2013
Docket Code 023
Form V000A
Page 2
IT IS 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
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.
01/29/2013 — CV2012057063 FEDERAL CREDIT UNION, GENERAL MILLS 01/29/2013 HONORABLE MICHAEL D. GORDON View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-057063
01/29/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
M. MINKOW
Deputy
GENERAL MILLS FEDERAL CREDIT UNION
JOSHUA ZIMMERMAN
v.
JORGE RUIZ, et al.
JORGE RUIZ
NO ADDRESS ON RECORD
M B N A AMERICA BANK N A
C/O CT CORPORATION SYSTEM
2390 E CAMELBACK RD
PHOENIX AZ 85016
COMM. DOODY
ORDER ENTERED BY COURT
This division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) MBNA AMERICA BANK NA 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 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 2012-057063
01/29/2013
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.
04/02/2013 — CV2012057063 FEDERAL CREDIT UNION, GENERAL MILLS 04/02/2013 COMMISSIONER JOHN R. DOODY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/04/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-057063
04/02/2013
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JOHN R. DOODY
E. Morgenstern
Deputy
GENERAL MILLS FEDERAL CREDIT UNION
JOSHUA ZIMMERMAN
v.
JORGE RUIZ, et al.
JORGE RUIZ
NO ADDRESS ON RECORD
MINUTE ENTRY
Courtroom 105 NE
1:42 p.m. This is the time set for Default Hearing – as to Defendant Jorge Ruiz
Only. Counsel, Joshua Zimmerman, appears on behalf of Plaintiff, General Mills Federal Credit
Union. Defendant Jorge Ruiz is neither present nor represented by counsel.
A record of the proceedings is made by audio and/or videotape in lieu of a court
reporter.
Counsel makes statements to the court.
1:53 p.m. This matter is briefly recessed in order for the Court to attend to other
business.
2:22 p.m. Court reconvenes with respective counsel present.
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 2012-057063
04/02/2013
Docket Code 005
Form V000A
Page 2
Court and counsel confer.
Good cause appearing,
IT IS ORDERED that Plaintiff, General Mills Federal Credit Union is granted
Judgment against the Defendant Jorge Ruiz, all as set forth in formal written Judgment signed by
the Court on April 2, 2013 and filed (entered) with the clerk on April 2, 2013.
2:43 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.
06/11/2013 — CV2012057063 FEDERAL CREDIT UNION, GENERAL MILLS 06/11/2013 COMMISSIONER JOHN R. DOODY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/12/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-057063
06/11/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JOHN R. DOODY
L. Carlson
Deputy
GENERAL MILLS FEDERAL CREDIT UNION
JOSHUA ZIMMERMAN
v.
JORGE RUIZ, et al.
JORGE RUIZ
NO ADDRESS ON RECORD
MARK A CIAFULLO
MINUTE ENTRY
The Court has Plaintiff’s Motion filed on May 15, 2013, to amend the judgment to
augment the amount of attorneys’ fees.
The original judgment entered on April 2, 2013, included an attorney fee. According to
the pending motion, the fee awarded in the judgment was calculated according to the flat fee
agreement between counsel and the Plaintiff. However, the agreement between counsel and
Plaintiff also included a contingent fee which was not, however, brought to the Court’s attention
at the time judgment was entered.
Aside from the fact that the motion does not tell the Court whether the contingency has
been met, this particular motion for relief from judgment is filed under Rules of Civil Procedure
Rule 60(c)(1). That section authorizes a Court to grant relief by virtue of mistake, inadvertence
or excusable neglect, but only if it is reasonable. Counsel does not explain why the contingent
fee arrangement was not presented to the Court at the time of the default. Based on the lack of
any showing of reasonableness, the Court is compelled to deny the motion for relief from the
judgment in this case
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-057063
06/11/2013
Docket Code 023
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.
