01/16/2014 — CV2014000282 VILLAGE CONDOMINIUM ASSOCIATION, OPTIMA CAMELVIEW 01/16/2014 HONORABLE KATHERINE COOPER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/17/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-000282
01/16/2014
Docket Code 022
Form V022
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
D. Harding
Deputy
BRETT VISSER
J ROGER WOOD
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
NO ADDRESS ON RECORD
DOCUMENT SIGNED
IT IS ORDERED approving and settling formal written Order to Show Cause signed by
the Court on January 15, 2014 and filed (entered) by the Clerk on January 16, 2014.
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.
01/24/2014 — CV2014000282 VILLAGE CONDOMINIUM ASSOCIATION, OPTIMA CAMELVIEW 01/24/2014 HONORABLE KATHERINE COOPER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/27/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-000282
01/24/2014
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
D. Harding
Deputy
BRETT VISSER
J ROGER WOOD
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
LYDIA P LINSMEIER
MINUTE ENTRY
Courtroom ECB-514
2:09 p.m. This is the time set for Order to Show Cause Return Hearing on Plaintiff’s
Application for Preliminary. Plaintiff is represented by counsel, J. Roger Wood. Defendant is
represented by counsel, Lydia P. Linsmeier.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
The Court requests briefing on the issue of whether the defendant Association’s
Declaration and/or other rules and regulations allow the Association to terminate Plaintiff’s
electricity to his unit based on Plaintiff’s non-payment of penalties assessed against Plaintiff.
IT IS HEREBY ORDERED that the parties shall simultaneously submit their
Memorandum on the above issue by Friday, January 31, 2014. They may then submit a response
by Friday, February 7, 2014.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-000282
01/24/2014
Docket Code 005
Form V000A
Page 2
IT IS ORDERED setting telephonic argument on the Memorandum on February 13,
2014 at 9:00 am.
IT IS FURTHER ORDERED that 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 (602-506-8311) promptly at the scheduled time. All
parties appearing telephonically must be joined in a single conference call and be prepared to
hold until called to testify.
The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a vehicle. Also, the use of cellular telephones to call into the hearing is strongly
discouraged.
IT IS FURTHER ORDERED that a Temporary Restraining Order shall be in effect
through February 28, 2014. The terms of the TRO are as follows:
The Association shall turn on the electricity to Plaintiff’s unit today, January 24,
2014. The power shall remain on through February 28, 2014 or until further order
of the Court.
Plaintiff may not lease the unit. It shall remain vacant through February 28, 2014
or until further order of the Court.
Plaintiff shall set a time for the Property Manager and/or her representative to
inspect the unit as soon as possible to verify that it is vacant.
2:31 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.
02/13/2014 — CV2014000282 VILLAGE CONDOMINIUM ASSOCIATION, OPTIMA CAMELVIEW 02/13/2014 HONORABLE KATHERINE COOPER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/20/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-000282
02/13/2014
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
D. Harding
Deputy
BRETT VISSER
J ROGER WOOD
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
LYDIA P LINSMEIER
MINUTE ENTRY
Courtroom ECB-514
9:00 a.m. This is the time set for telephonic oral argument. Plaintiff is represented by
counsel, J. Roger Wood. Defendant is represented by counsel, Augustus H. Shaw, IV.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Oral argument is held regarding Plaintiff’s Application for Temporary Restraining
Order/Preliminary Injunction.
Within the next two weeks, the parties will meet in person to discuss settlement at a time
and location agreed upon by the parties. Plaintiff, Brett Visser, is permitted to attend this
conference telephonically.
The Court will hold ruling on Plaintiff’s Application for Temporary Restraining
Order/Preliminary Injunction for two weeks to give the parties the opportunity to discuss
settlement.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-000282
02/13/2014
Docket Code 028
Form V000A
Page 2
IT IS ORDERED the Temporary Restraining Order shall remain in effect until February
28, 2014 under the terms outlined in the Court’s minute entry dated January 24, 2014.
IT IS FURTHER ORDERED setting a telephonic status conference on February 28,
2014 at 10:15 a.m. (time allotted: 15 minutes).
IT IS FURTHER ORDERED that 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 (602-506-8311) promptly at the scheduled time. All
parties appearing telephonically must be joined in a single conference call and be prepared to
hold until called to testify.
The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a vehicle. Also, the use of cellular telephones to call into the hearing is strongly
discouraged.
9:31 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.
02/27/2014 — CV2014000282 VILLAGE CONDOMINIUM ASSOCIATION, OPTIMA CAMELVIEW 02/27/2014 HONORABLE KATHERINE COOPER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/28/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-000282
02/27/2014
Docket Code 078
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
J. Polanco
Deputy
BRETT VISSER
J ROGER WOOD
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
LYDIA P LINSMEIER
STATUS CONFERENCE VACATED
CASE ON INACTIVE CALENDAR
The Court has received and considered the parties’ Stipulation to Vacate Status
Conference, filed on February 26, 2014. Accordingly,
IT IS ORDERED approving the parties’ Stipulation and vacating the Telephonic Status
Conference set for February 28, 2014 in this division.
IT IS FURTHER ORDERED placing this matter on the Inactive Calendar for dismissal
on April 18, 2014 without further notice unless prior to said date Judgment is entered or filed or
a Stipulation for Dismissal is presented. No further continuances will be granted absent a
specific explanation regarding case status and good cause shown for the delay.
Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.
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.
05/23/2014 — CV2014000282 VILLAGE CONDOMINIUM ASSOCIATION, OPTIMA CAMELVIEW 05/23/2014 HONORABLE KATHERINE COOPER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/28/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-000282
05/23/2014
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
D. Harding
Deputy
BRETT VISSER
J ROGER WOOD
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
LYDIA P LINSMEIER
MINUTE ENTRY
The Court has received Defendant Association’s Motion to Enforce Settlement
Agreement. Plaintiff did not file a Response, and the time for doing so has expired. Based on
the information set forth in the Motion and attached exhibits, the Court finds that the parties
entered into a binding settlement agreement on or about February 25, 2014, when Plaintiff
accepted the terms of the settlement by email. “My client formally accepts the terms of this
proposed settlement.” The Motion to Enforce is granted pursuant to Rule 7.1(b) (unopposed
motions may be granted summarily) and the parties’ settlement agreement. Accordingly,
IT IS HEREBY ORDERED that:
1. The Settlement Agreement dated February 25, 2014 between the parties is an
enforceable contract;
2. On March 16, 2014, Defendant received two noise complaints regarding Plaintiff’s
unit. Pursuant to the Agreement, Defendant provided Plaintiff’s counsel with a
Notice of Violation and placed two $1,000 fines on Plaintiff’s account. Plaintiff is
ordered to pay those fines by June 6, 2014 at 5:00pm. If the fines are not paid,
Defendant shall submit a form of Judgment by June 13, 2014, and Judgment will be
entered in favor of Defendant and against Plaintiff.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-000282
05/23/2014
Docket Code 019
Form V000A
Page 2
3. Defendant is entitled to recover its reasonable attorneys’ fees and costs incurred in
filing this Motion to Enforce Settlement Agreement and recovery of the fines
described in (2). Defendant shall submit an Application for Attorneys’ Fees and
Costs and a proposed Judgment by June 13, 2014.
07/14/2014 — CV2014000282 VILLAGE CONDOMINIUM ASSOCIATION, OPTIMA CAMELVIEW 07/14/2014 HONORABLE KATHERINE COOPER View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/16/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-000282
07/14/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
D. Harding
Deputy
BRETT VISSER
J ROGER WOOD
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
LYDIA P LINSMEIER
MINUTE ENTRY
The Court has reviewed Defendant’s Motion and Application for Award of Attorney Fees
and Motion for Award of Fines Pursuant to Settlement Agreement, Statement of Costs, and
proposed Judgment all filed on June 13, 2014. Plaintiff did not file a response or objection.
The Court has signed and entered Judgment for Defendant in the amount of $1,000 for
outstanding fines, $5,000 for attorneys fees pursuant to A.R.S. §12-341.01, and $30 for costs
pursuant to A.R.S. §§12-332 and 346.
07/15/2014 — CV2014000282 VILLAGE CONDOMINIUM ASSOCIATION, OPTIMA CAMELVIEW 07/15/2014 HONORABLE KATHERINE COOPER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/16/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-000282
07/15/2014
Docket Code 049
Form V022
Page 1
CLERK OF THE COURT
HONORABLE KATHERINE COOPER
D. Harding
Deputy
BRETT VISSER
J ROGER WOOD
v.
OPTIMA CAMELVIEW VILLAGE
CONDOMINIUM ASSOCIATION
LYDIA P LINSMEIER
DOCUMENT SIGNED
IT IS ORDERED approving and settling formal written Judgment against Plaintiff and
in favor of Defendant, signed by the Court on July 14, 2014 and filed (entered) by the Clerk on
July 15, 2014.
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.
