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Maricopa County Superior Court Case CV2013-012792

Case Header

Maricopa County Superior Court Case CV2013-012792: public docket details, parties, minute entries, documents, and official source links for Leisure World Community Association.

Case Number
CV2013-012792
County
Maricopa
Caption
Not captured
Filed
9/25/2013
Case Type
Civil
Judge
Minder, Scott
Location
Downtown
Official Court Record
Official Court Record

Parties

No parties captured.

Minute Entries

01/11/2021 — CV2013012792 COMMUNITY ASSOCIATION, LEISURE WORLD 01/11/2021 EXHIBITS UNIT View Minute Entry ↑ top

Source
Minute Source
Clerk of the Superior Court

*** Electronically Filed ***

01/12/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-012792

01/11/2021

Docket Code LED
Form EXHCVREL
Page 1

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

Deputy

LEISURE WORLD COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN

v.

MARTIN ROSE
PASCAL H GODDARD

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 January 13, 2021 and must be
collected by February 19,2021 or the exhibits shall be disposed. The following party(ies) have
exhibits that need 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-012792

01/11/2021

Docket Code LED
Form EXHCVREL
Page 2

01/22/2014 — CV2013012792 COMMUNITY ASSOCIATION, LEISURE WORLD 01/22/2014 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/23/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-012792

01/22/2014

Docket Code 004
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya

Deputy

LEISURE WORLD COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN

v.

MARTIN ROSE
PASCAL H GODDARD

EVIDENTIARY HEARING - CONTINUED

Central Court Building – Courtroom 401

Prior to Court commencing, Plaintiff’s Exhibits 1 through 23 and Defendant’s Exhibits
24 through 42 are marked for identification.

9:36 a.m. This is the time set for Evidentiary hearing. Counsel for the plaintiff, Chad
Miesen, is present. Leisure World Community Association’s Community Manager Mark Wade,
is present. Counsel for the defendant, Pascal Goddard, is present.

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

Discussion ensues regarding the appearance of the defendant.

Plaintiff’s Case:

Mark Wade is sworn and testifies.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-012792

01/22/2014

Docket Code 004
Form V000A
Page 2

Over objection of counsel for the defendant,

Plaintiff’s Exhibit 2 is received in evidence.

Plaintiff’s Exhibits 3, 5, 10, 13, 16, and 17 are received in evidence.

Over objection of counsel for the defendant,

Plaintiff’s Exhibits 9 and 23 are received in evidence.

IT IS ORDERED continuing this Evidentiary hearing to January 30, 2014 at 2:15 p.m.
in this division.

HONORABLE DAVID O. CUNANAN
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003

10:06 a.m. Court adjourns.

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.

01/30/2014 — CV2013012792 COMMUNITY ASSOCIATION, LEISURE WORLD 01/30/2014 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/06/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-012792

01/30/2014

Docket Code 004
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya

Deputy

LEISURE WORLD COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN

v.

MARTIN ROSE
PASCAL H GODDARD

EVIDENTIARY HEARING - CONTINUED

Central Court Building – Courtroom 401

2:19 p.m. This is the time set for continued Evidentiary hearing. Counsel for the
plaintiff, Chad Miesen, is present. Leisure World Community Association’s Community
Manager Mark Wade, is present. Defendant, Martin Rose, appears and is represented by
Counsel Pascal Goddard.

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

Plaintiff’s Case Continues:

Mark Wade, previously sworn, continues to testify.

2:31 p.m. Defendant exits the courtroom and is no longer present.

2:47 p.m. Court stands at recess.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-012792

01/30/2014

Docket Code 004
Form V000A
Page 2

2:49 p.m. Court reconvenes. Counsel for the plaintiff, Chad Miesen, is present. Leisure
World Community Association’s Community Manager Mark Wade, is present. Counsel for the
defendant, Pascal Goddard, is present.

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

Mark Wade resumes the stand and continues to testify.

The witness is excused and resumes his seat in the courtroom.

Larry Kelly is sworn and testifies.

The witness is excused.

IT IS ORDERED continuing this Evidentiary hearing to February 6, 2014 at 2:30 p.m.
(time allotted: one (1) hour) in this division.

HONORABLE DAVID O. CUNANAN
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003

3:16 p.m. Court adjourns.

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.

02/06/2014 — CV2013012792 COMMUNITY ASSOCIATION, LEISURE WORLD 02/06/2014 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/13/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-012792

02/06/2014

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya

Deputy

LEISURE WORLD COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN

v.

MARTIN ROSE
PASCAL H GODDARD

EVIDENTIARY HEARING

Central Court Building – Courtroom 401

2:36 p.m. This is the time set for continued Evidentiary hearing. Counsel for the
plaintiff, Chad Miesen, is present. Defendant, Martin Rose, appears and is represented by
Counsel Pascal Goddard.

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

Plaintiff rests.

Defendant’s Case:

Martin Rose is sworn and testifies.

Defendant rests.

Based upon the matters presented and for the reasons set forth on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-012792

02/06/2014

Docket Code 005
Form V000A
Page 2

IT IS ORDERED granting the relief sought by Plaintiff.

IT IS FURTHER ORDERED directing counsel to submit a formal written order and
application for Attorney’s fees and costs.

3:04 p.m. Court adjourns.

FILED: Exhibit Worksheet

LATER:

IT IS ORDERED that the Clerk permanently release all exhibits not offered in evidence to
the counsel/party causing them to be marked or their written designee. Counsel/party or written
designee shall have the right to refile relevant exhibits as needed in support of any appeal. Refiled
exhibits must be accompanied by a Notice of Refiling Exhibits and presented to the Exhibit
Department of the Clerk’s Office. The Court’s exhibit tag must remain intact on all refiled exhibits.

ISSUED: Exhibit Release Form (2)

10/31/2013 — CV2013012792 COMMUNITY ASSOCIATION, LEISURE WORLD 10/31/2013 HONORABLE DAVID O. CUNANAN View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/08/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-012792
10/31/2013
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID O. CUNANAN
C. Montoya
Deputy
LEISURE WORLD COMMUNITY
ASSOCIATION
CHAD PHILIP MIESEN
v.
MARTIN ROSE
PASCAL H GODDARD
MINUTE ENTRY
Central Court Building – Courtroom 401
1:36 p.m. This is the time set for Order to Show Cause hearing. Counsel for the plaintiff,
Chad Phillip Miesen, is present. Defendant, Martin Rose, is present and represented by counsel,
Pascal Goddard.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion ensues regarding the status of the case.
1:37 p.m. The Court stands at recess.
1:48 p.m. The Court reconvenes with respective parties and counsel.
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 2013-012792
10/31/2013
Docket Code 056
Form V000A
Page 2
The parties indicate an agreement has been reached.
Upon request of counsel,
IT IS ORDERED setting an Evidentiary Hearing on January 22, 2013 at 9:30 a.m. (time
allotted: two (2) hours) before:
HONORABLE DAVID O. CUNANAN
MARICOPA COUNTY SUPERIOR COURT
CENTRAL COURT BUILDING
201 W. JEFFERSON
4TH FLOOR, COURTROOM 401
PHOENIX, AZ 85003
IT IS FURTHER ORDERED that all parties shall hand-deliver to the Clerk of this
Division all exhibits to be used at the hearing at least three (3) business days prior to the
hearing. All hearing exhibits shall have been exchanged prior to that time. Exhibits shall be
accompanied with a numbered list of each exhibit and shall be separated with a blank sheet of
colored paper. No duplicate exhibits shall be presented for marking. Exhibits are marked in
numerical order per party, making it necessary to mark all of one party’s exhibits before marking
the other party’s. Accordingly, the Defendant’s exhibits numbering shall start at the next number
following the last of Plaintiff’s exhibits. (For example, Plaintiff submits 10 exhibits, which are
marked Exhibit 1 through 10. Defendant submits 10 exhibits, which are marked 11 through 20).
Exhibits must be stapled or bound together prior to delivery to the clerk. Please contact the Clerk
with any questions regarding procedures for marking and submitting exhibits (602) 506-7451.
IT IS FURTHER ORDERED directing counsel/parties are to meet personally to
discuss all of the matters set forth in Rule 16, A.R.Cv.P. Counsel/parties shall prepare
and file with the Court, no later than November 8, 2013, a Joint Status/Scheduling
Memorandum, and a form of Order, for discovery, motion and disclosure deadlines.
1:53 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-012792
10/31/2013
Docket Code 056
Form V000A
Page 3

Documents

Type Title Content Type Size Source
minute_entry_pdf CV2013012792 COMMUNITY ASSOCIATION, LEISURE WORLD 01/11/2021 EXHIBITS UNIT View Minute Entry application/pdf 11.0 KB Document Source
minute_entry_pdf CV2013012792 COMMUNITY ASSOCIATION, LEISURE WORLD 01/22/2014 HONORABLE DAVID O. CUNANAN View Minute Entry application/pdf 142.0 KB Document Source
minute_entry_pdf CV2013012792 COMMUNITY ASSOCIATION, LEISURE WORLD 01/30/2014 HONORABLE DAVID O. CUNANAN View Minute Entry application/pdf 143.7 KB Document Source
minute_entry_pdf CV2013012792 COMMUNITY ASSOCIATION, LEISURE WORLD 02/06/2014 HONORABLE DAVID O. CUNANAN View Minute Entry application/pdf 130.5 KB Document Source
minute_entry_pdf CV2013012792 COMMUNITY ASSOCIATION, LEISURE WORLD 10/31/2013 HONORABLE DAVID O. CUNANAN View Minute Entry application/pdf 11.8 KB Document Source

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