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Maricopa County Superior Court Case CV2014-090103: public docket details, parties, minute entries, documents, and official source links for Tapestry On Central Condominium Association.

Case Number

CV2014-090103

County

Maricopa

Caption

Not captured

Filed

1/23/2014

Case Type

Civil

Judge

Driggs, Adam

Location

Southeast

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/11/2016

Docket Code 099
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
S. McCoy

Deputy

TAPESTRY ON CENTRAL L L C, et al.
TAPESTRY ON CENTRAL L L C
C/O YAIR BEN MOSHE 500 N LARCH
LOS ANGELES CA 90004
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

KENNETH CHEUVRONT
NO ADDRESS ON RECORD
DOCKET-CIVIL-SE

MINUTE ENTRY

The Court has received and reviewed the Motion to Withdraw as Counsel for the Plaintiff
without Consent, Defendant’s opposition and objection, Co-Plaintiff Counsel’s Notice of Non-
Objection and Plaintiff’s Reply.

After a review of the Court’s file,

IT IS ORDERED granting Plaintiff’s Motion to Withdraw all in accordance with the
formal written Order signed by the Court on January 5, 2016 and filed (entered) by the Clerk on
January 11, 2016.

IT IS FURTHER ORDERED withdrawing Aaron M. Finter as Counsel for Plaintiff to
be effective January 15, 2016.

IT IS FURTHER ORDERED setting a Telephonic Status Conference on February 26,
2016 at 1:30 p.m. (15 minutes allotted).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/11/2016

Docket Code 099
Form V000A
Page 2

FILED:
Order Granting Motion to Withdraw as Counsel for the Plaintiff without
Consent

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/16/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/14/2015

Docket Code 079
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
KIRK H HAYS
MITCHELL J RESNICK
DOCKET-CIVIL-SE

ORDER OF DISMISSAL

The Court has received and reviewed the parties’ Joint Stipulation for Dismissal with
Prejudice as to Defendants Starpointe Communities, LLC and STR Construction, LTD Only in
this case.

IT IS ORDERED accepting the Stipulation electronically filed on January 12, 2015, all
in accordance with the Order electronically signed by the Court on January 14, 2015 and entered
(filed) by the clerk on January 14, 2015.

IT IS FURTHER ORDERED dismissing with prejudice any remaining unadjudicated
claims as to Defendants Starpointe Communities, LLC and STR Construction, LTD Only.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/20/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/15/2016

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MINUTE ENTRY

The Court has considered Plaintiff’s Motion to Quash Subpoenas Duce Tecum Directed
to AT&T, Google, Cox, Apple, Time Warner Cable, Yahoo and Domains by Proxy, along with
the Notice of Errata, Non-Party Cynthia Futter’s Motion to Quash, Defendant’s Response and
reviewed the prior memoranda leading to the Court’s granting of the Motion for Reconsideration
regarding the deposition of Cynthia Futter.

As a preliminary matter,

THE COURT FINDS that the subpoenas are overly broad and include a request for
documentation not relevant to this litigation. For that reason and based on the opposition noted
above,

IT IS ORDERED granting the Motion to Quash and quashing the referenced Subpoenas
Duce Tecum.

IT IS FURTHER ORDERED directing the parties and Ms. Futter to pursue additional
discussions relating to a limitation on the scope of any future discovery requests as discussed in
Ms. Futter’s Motion to Quash and Defendant’s Response. The Court may make further inquiry
at the Telephonic Status Conference scheduled for February 26, 2016 at 1:30 p.m. (15 minutes
allotted).

IT IS FURTHER ORDERED denying the request for oral argument.

Michael K. Jeanes, Clerk of Court

*** Filed ***

01/22/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/18/2018

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Nestor-Donohue

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

WESTERN ALLIANCE BANK
ATTN: LEGAL PROCESSING
PO BOX 98814
LAS VEGAS NV 89193
MARICOPA COUNTY CREDITOR
NO ADDRESS ON RECORD
LIBERTY INSURANCE
UNDERWRITERS INC
175 BERKELEY ST
BOSTON MA 02116
JACOB REISH
JACOB REICH LAW OFFICE
8383 WILHIRE BLVD #510
BEVERLY HILLS CA 90211
BBVA COMPASS FINANCIAL CORP
DDA BBVA COMPASS BANK ATT
C/O CT CORPORATION SYSTEMS
3800 N CENTRAL AVE STE 460
PHOENIX AZ 85012
LIBERTY INSURANCE
UNDERWRITERS INC
ATTN: GARNISHMENTS
C/O ARIZONA DEPT OF INSURANCE
2910 N 44TH ST STE 210
PHOENIX AZ 85018

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/18/2018

Docket Code 023
Form V000A
Page 2

LIBERTY MUTUAL INSURANCE CO
ATTN: GARNISHMENTS
C/O ARIZONA DEPT OF INSURANCE
2910 N 44TH ST STE 210
PHOENIX AZ 85018
WESTERN ALLIANCE BANK
DBA ALLIANCE BANK OF ARIZONA
ATTN: LEGAL PROCESSING
PO BOX 98814
LAS VEGAS NV 89193
YAIR BEN MOSHE
C/O RYAN L LORENZ
CLARK HILL
14850 N SCOTTSDALE RD STE 500
SCOTTSDALE AZ 85254
WESTERN ALLIANCE BANK
WESTERN ALLIANCE BANK
DBA ALLIANCE BANK OF ARIZONA
ATTN: GARNISHMENTS
2338 W ROYAL PALM RD STE J
PHOENIX AZ 85021

MINUTE ENTRY

This Court has received Judgment Debtor/Defendant Tapestry on Central Condominium
Association (Association)’s Request for Hearing on Writs of Garnishment, Plaintiff/Judgment
Creditor did not file a response. There is also Association’s pending Motion to Set Supersedeas
Bond and an evidentiary hearing regarding the motion in front of Judge Talamante scheduled for
February 9, 2018 at 1:30 p.m.

In the request for hearing, the Association argues that the Plaintiff’s Applications for
Writs of Garnishment and the issued writs of garnishment are attempts to enforce and execute
on the judgment and that they are stayed pending the resolution of the Motion to Set Supersedeas
Bond. The Association argues that TOC has served several subpoenas duces tecum on purported
garnishees and has threatened at least one purported garnishee that its release of funds to the
Association would violate the writ of garnishment. The Association’s belief is that the writs or
garnishment are not effective.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/18/2018

Docket Code 023
Form V000A
Page 3

THE COURT has reviewed the applications for writs of garnishment and writs of
garnishment and FINDS the following:


The Application for Writ of Garnishment (Non-Earnings) against BBVA Compass Financial
Corporation dba BBVA Compass Bank was filed on 12/4/2017 at 4:38 p.m., prior to the
Association’s Motion to Set Supersedeas Bond. The writ of garnishment was signed on
12/4/2017. The Motion to Set Supersedeas bond was filed on 12/5/2017 at 11:46 a.m. before
the writ was served on Garnishee at 12:00 pm. Therefore, service of the writ was not effective.


The Application for Writ of Garnishment (Non-Earnings) against Liberty Mutual Insurance Co.
and Liberty Underwriters, Inc. was filed on 12/4/17 at 4:38 p.m., prior to the Association’s
Motion to Set Supersedeas Bond. The writ of garnishment was signed on 12/4/2017. The
Motion to Set Supersedeas Bond was filed on 12/5/2017 at 11:46 a.m. before the writ was
served on Garnishee through the Arizona Dept. of Insurance at 1:00 pm. Therefore, service of
the writ was not effective.


The Application for Writ of Garnishment (Non-Earnings) against Liberty Underwriters, Inc. was
filed again on 12/5/17 at 4:38 p.m., after the Association’s Motion to Set Supersedeas Bond filed
at 12/5/2017 at 11:46 a.m. The writ of garnishment was signed on 12/5/2017; again, the
Motion to Set Supersedeas Bond was already filed. The writ was then served on Garnishee
through the Arizona Dept. of Insurance on 12/6/2017. Therefore, the writ and the service of the
writ were not effective. The Court notes that Liberty Underwriters, Inc. filed an answer on
12/20/17 stating that it was not holding any money belonging to the Association.


The Application for Writ of Garnishment (Non-Earnings) against Tiffany & Bosco, P.A. was filed
on 12/4/17 at 4:38 p.m., prior to the Association’s Motion to Set Supersedeas Bond. The writ of
garnishment was signed on 12/4/2017. The Motion to Set Supersedeas Bond was filed on
12/5/2017 at 11:46 a.m. before the writ was served on Garnishee on 12/5/2017 at 3:15
p.m. Therefore, service of the writ was not effective.


The Application for Writ of Garnishment (Non-Earnings) against Western Alliance Bank dba
Alliance Bank of Arizona was filed on 12/4/17 at 4:38 p.m., prior to the Association’s Motion to
Set Supersedeas Bond. The writ of garnishment was signed on 12/4/2017. The Motion to Set
Supersedeas Bond was filed on 12/5/2017 at 11:46 a.m. after the writ was served on Garnishee
at 11:37 a.m. Therefore, service of the writ was effective. Garnishee Western Alliance Bank dba
Alliance Bank of Arizona submitted an answer on 12/15/17 stating that it was holding
$117,018.68. Due to the stay of the proceedings, no Application for Judgment against Garnishee
can be filed at this time.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/18/2018

Docket Code 023
Form V000A
Page 4


The Application for Writ of Garnishment (Non-Earnings) against Yair Ben Moshe was filed on
12/4/17 at 4:38 p.m., prior to the Association’s Motion to Set Supersedeas Bond. The writ of
garnishment was signed on 12/4/2017. The Motion to Set Supersedeas Bond was filed on
12/5/2017 at 11:46 a.m. The Court has no information as to whether the writ was served upon
Garnishee Yair Ben Moshe because an affidavit of service has not been filed. However, the stay
is in effect and no Application for Judgment against Garnishee can be filed even if the service of
the writ was effective.

The Court has further reviewed the file and does not believe that a hearing is necessary. Rule
7(a)(2) of the Arizona Rules of Civil Appellate Procedure specifically states that the filing of a
motion in superior court for a supersedeas bond temporarily stays enforcement of or execution
on, the judgment, with the same effect as described in Ariz.R.Civ.App.P Rule 7(b). Judge
Talamante’s minute entry from the December 11, 2017 hearing also orders a stay on all
execution and enforcement on the judgment pending his ruling on the Motion to Set Supersedeas
Bond.

IT IS ORDERED that Plaintiff shall not file applications for judgment against garnishees nor
any new applications for writs of garnishment.

IT IS FURTHER ORDERED that Plaintiff shall not serve any prior writs of garnishments
that were not yet served.

IT IS FURTHER ORDERED that Garnishees shall not release any funds or file answers at
this time.

IT IS FURTHER ORDERED that Plaintiff may not serve subpoenas in furtherance of
executing or enforcing the Judgment. Plaintiff may only serve subpoenas duces tecum that are to
support its position at the evidentiary hearing scheduled for February 9, 2018.

IT IS FURTHER ORDERED denying the request for hearing. The parties shall follow Judge
Talamante’s order and Ariz.R.Civ.App.P Rule 7(b).

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/23/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/19/2017

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
KEVIN P NELSON

MICHAEL A WRAPP
ROBERT G ANDERSON
ANDREW B TURK
JACOB REICH

UNDER ADVISEMENT RULING

After oral argument on December 16, 2016, the Court took under advisement
Defendant’s Motion in Limine requesting an order precluding testimony from Plaintiff’s expert,
Randall P. Clemson, because of a late disclosure. In addition to the oral argument, the Court has
considered Defendant’s memorandum, Plaintiff’s Response and Defendant’s “Response” to
Plaintiff Tapestry on Central, LLC’s Rule 37(c)(2) Motion to Extend. Plaintiff’s Motion to
Extend was contained within the memorandum in its response to Defendant’s Motion in Limine.

There does not appear to be much disagreement regarding the Plaintiff’s disclosure to
Defendant in November 2015 of its inability to rely on their previously disclosed expert, Greg
Valladao, on the issue of damages. There is considerable disagreement regarding whether good
cause exists for the late disclosure and whether the disclosure is harmless. It appears that there
were several months between Plaintiff being advised that Mr. Valladao was not available as a
witness and the notification to Defendants in November 2015 (by e-mail). Formal notification
was provided to Defendant by Plaintiff on January 14, 2016, the discovery deadline in this
matter. Plaintiff argues that the delay is partly attributable to miscommunication between

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/19/2017

Docket Code 926
Form V000A
Page 2

Plaintiff’s present and prior counsel. Plaintiff also argues that the late notice is harmless given
that the matter had not yet been set for trial (when Defendant’s Motion was filed) and Defendant
had not taken any steps to depose Mr. Clemson after the e-mail disclosure in November 2015.

For purposes of this ruling, the Court also notes that Defendant did not file their Motion
in Limine until August 15, 2016, more than 7 months after the formal notification of the new
expert. The Court also notes that this matter was set for trial at the hearing on November 16,
2016 with a trial date of August 21, 2017.

Finally, as noted by the Court on the record at the oral argument, Plaintiff filed a Motion
to Extend Discovery Deadlines on November 19, 2015 and argued in part that good cause exists
for extending the deadline for the Plaintiff to disclose a replacement damage expert. In that
Motion, Plaintiff advised of its inability to use Mr. Valladao and the need for additional time to
retain an expert to replace him. Defendant was not required to respond to that Motion because at
a status conference held on November 19, 2015 the Court found Plaintiff’s Motion to be moot,
without further explanation. The Court did not address Plaintiff’s request for an extension of
time. The Court finds that the November 19, 2015 Motion filed by Plaintiff is a significant
factor in ruling on Defendant’s Motion in Limine.

THE COURT FINDS that good cause exists for allowing Plaintiff to utilize the
testimony of Mr. Clemson and his report for trial purposes.

IT IS ORDERED denying the Motion in Limine.

IT IS FURTHER ORDERED directing the counsel for the parties to confer and submit
a schedule for a limited re-opening of discovery to include the deposition of Mr. Clemson and
any necessary additional discovery and disclosure relating to Defendant’s rebuttal of the new
opinion.

IT IS ORDERED affirming the Telephonic Trial Management Conference set for
August 11, 2017 at 9:00 a.m. (15 minutes allotted).

IT IS FURTHER ORDERED affirming the Trial set for August 21, 2017 at 9:30 a.m.
(8 days allotted).

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/05/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/30/2018

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

EVIDENTIARY HEARING RESET

Due to the Court’s unavailability,

IT IS ORDERED vacating the Evidentiary Hearing to consider the amount of the bond
and any undue hardship on the part of the Association set for February 9, 2018 at 1:30 p.m. and
resetting the same to April 13, 2018 at 2:00 p.m. (2 hours allotted) before:

HONORABLE DAVID TALAMANTE
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 207
222 E. JAVELINA
MESA, AZ 85210

IT IS FURTHER ORDERED that the parties shall deliver to the Clerk of this Division
all exhibits they will be introducing at the hearing, no later than noon on April 2, 2018.
Counsel shall present all exhibits with a written list of brief exhibit descriptions to the Clerk.
Exhibits shall not be placed in a notebook unless they are voluminous. Each exhibit shall be

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

01/30/2018

Docket Code 003
Form V000A
Page 2

clipped or bound if too large to be stapled. Exhibits are to be separated by a colored sheet of
paper or by a tabbed divider sheet. An enlargement may be used for demonstrative purposes;
however an 8 ½ x 11 size copy of the enlargement must be submitted with the other exhibits and
will be marked for demonstrative purposes only. (Enlargements will be released to the party
using said enlargement at the end of trial.) The exhibits will be marked by the Clerk in
consecutive order: Plaintiff’s exhibits marked first; Defendant’s exhibits marked second.
Exhibits are assigned numbers in a serial fashion. Placeholders will not be accepted and exhibit
numbers will not be reserved for exhibits not presented at this time. The parties shall ensure that
there are no duplicate exhibits. Failure to follow the procedure for submitting trial exhibits may
result in the exclusion of that party’s exhibits at the hearing.

NOTE: All court proceedings are recorded digitally and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/09/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

02/08/2016

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

TERESA H FOSTER

MOTION GRANTED/
ORAL ARGUMENT SET

The Court has received and reviewed Non-Party Joanne Carras’ Motion to Quash
Subpoena and Motion for Protective Order along with Defendant’s Response thereto. After a
review of the Court’s file,

IT IS ORDERED granting the Motion to Quash Subpoena.

IT IS FURTHER ORDERED setting Oral Argument re: the Motion for Protective Order
on February 26, 2016 at 1:30 p.m. (30 minutes allotted) to be heard with the previously set
Telephonic Status Conference.

LET THE RECORD REFLECT that the parties are allowed to appear in person for the
hearing if they choose to do so.

IT IS FURTHER ORDERED:

If extended oral argument is necessary, counsel must so advise the Court no later than
four (4) court days prior to the date set for hearing so that oral argument can be rescheduled.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

02/08/2016

Docket Code 094
Form V000A
Page 2

Any motion or stipulation for continuance must be filed with the Court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.

NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/27/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

02/22/2018

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
M. Kay
FOR HONORABLE DAVID M. TALAMANTE
Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP
WESTERN ALLIANCE BANK
ATTN: LEGAL PROCESSING
P O BOX 98814
LAS VEGAS NV 89193
LIBERTY INSURANCE
UNDERWRITERS, INC
175 BERKELEY ST
BOSTON MA 02116

MINUTE ENTRY

The Court has received and reviewed Plaintiff’s Motion to Compel Compliance with
Subpoena Duces Tecum on Non-Party Liberty Mutual Group, Inc. filed on January 19, 2018.
Due to Judge Talamante’s medical absence,

IT IS ORDERED that Plaintiff’s Motion to Compel will be discussed at the time of the
Evidentiary Hearing set for April 13, 2018 at 2:00 p.m. (2 hours allotted).

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/02/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

02/26/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS
KERRY A HODGES
TERESA H FOSTER
DOCKET-CIVIL-SE

MINUTE ENTRY

Courtroom 207 – SEA

1:33 p.m. This is the time set for Telephonic Status Conference and Oral Argument re:
Non-Party Joanne Carras’ Motion to Quash Subpoena and Motion for Protective Order.
Counsel, Ryan J. Lorenz, is present on behalf of Plaintiff. Counsel, Kevin P. Nelson, is present
on behalf of Defendants. Counsel, Kerry A. Hodges, appears telephonically on behalf of Non-
Party Cynthia Futter. Counsel, Teresa H. Foster, appears telephonically on behalf of Non-Party
Joanne Carras

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

The Court has reviewed the case file and the pleadings filed by the parties. Based on that
review, consistent with the July 1, 2015 minute entry issued by Judge Oberbillig,

IT IS ORDERED dismissing Plaintiff’s complaint as to Defendants Dennis and
Catherine Kolodin only.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

02/26/2016

Docket Code 023
Form V000A
Page 2

THE COURT FINDS that Plaintiff’s Motion (filed December 29, 2015) requesting a
stay pending the hiring of new counsel is moot.

The Court has received Tapestry on Central Condominium Association’s Motion for
Partial Summary Judgment Regarding the Eleventh Claim for Relief (Alleged Violation of
A.R.S. §33-420), Motion for Partial Summary Judgment Regarding the Second, Fourth, Fifth,
and Seventh Claims for Relief in the Second Amended Complaint, and
Defendants/Counterclaimants’ Motion for Summary Judgment Regarding the Tenth Claim for
Relief in the Second Amended Complaint (Tortious Interference with Business Expectancy),
which were filed on February 18, 2016. The response period has not yet passed.

IT IS ORDERED that Defendants are not to file any further Motions for Summary
Judgment without authorization by the Court.

IT IS FURTHER ORDERED setting Oral Argument re: Defendants’ Motions for
Summary Judgment on May 6, 2016 at 2:00 p.m. (1 hour allotted) before:

HONORABLE DAVID TALAMANTE
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 207
MESA AZ 85210

IT IS FURTHER ORDERED:

If extended oral argument is necessary, counsel must so advise the Court no later than
four (4) court days prior to the date set for hearing so that oral argument can be rescheduled.

Any motion or stipulation for continuance must be filed with the Court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.

NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

02/26/2016

Docket Code 023
Form V000A
Page 3

the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.

The Court notes Defendants’ Motion to Compel and Request for Sanctions, or in the
Alternative, Motion in Limine Regarding the Deposition of Plaintiff’s Testifying Expert Eric
Alden, Defendants’ Motion to Compel Plaintiff’s Production of Emails and Other Documents in
its Possession, Custody, or Control (both filed January 14, 2016) along with the Notice of
Association Defendants’ Efforts to Comply with Court’s Minute Entry Filed January 20, 2016.

LET THE RECORD REFLECT the Court will review Defendants’ Motions to Compel
along with the Responses and Replies and will determine if further oral argument is necessary.

The Court has received and reviewed Plaintiff’s Motion to Modify Pretrial Deadlines
filed on January 14, 2016 along with the Response and Reply. The Motion is granted as follows,

IT IS ORDERED directing counsel for the parties to meet and confer regarding a limited
reopening of discovery for purposes of expert depositions and dealing with the outstanding
discovery requests for the documents of the non-parties, the pending Motions to Compel, and the
pending Motions to Quash. Counsel are to submit a revised Scheduling Order to the Court on or
before March 28, 2016.

LET THE RECORD REFLECT the Court will not rule on the unresolved Motions
cited in this minute entry pending receipt of the revised Scheduling Order.

2:08 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/04/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/02/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

On November 24, 2014, Counterclaimant (the “Association”) filed a “Motion for
Summary Judgment Regarding Count Two of the Counterclaim (Foreclosure of the Assessment
Lien)”. The Court has reviewed the pleadings.

UNDISPUTED MATTERS

The following matters are undisputed:

 Counterdefendant (“TOC”) has owned units 9 through 11 since May 12, 2011.

 TOC has owned unit 8 since February 13, 2012.

 The CC&Rs mandate that unit owners pay assessments.

 Regarding units 9 through 11, for the period after May 12, 2011, the Association
has levied assessments and TOC has not paid those assessments.

 Regarding unit 12, for the period after February 13, 2012, the Association has
levied assessments and TOC has not paid those assessments.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/02/2015

Docket Code 019
Form V000A
Page 2

 A.R.S. §33-1256 applies. In situations like this, absent a viable defense, this
statute generally gives an association the right to foreclose.

SUMMARY JUDGMENT MOTION DENIED IN PART

The Association alleges that the amount of the assessment lien is $112,889.68.
Regarding this aspect of the Association’s “Motion for Summary Judgment”, pursuant to Rule
7.1, the Court declines to schedule oral argument. In order to be entitled to summary judgment
regarding this aspect of the counterclaim, the Association must establish as a matter of law that
$112,889.68 is the true amount of the assessment lien. The Court finds that the Association has
failed to do so. Therefore,

IT IS ORDERED denying this aspect of the Association’s “Motion for Summary
Judgment”.

RED HERRING

The Court makes note of the following:

 TOC alleges that TOC and the Association entered into a parking spaces for
assessments agreement. More specifically, TOC alleges that the parties entered
into an agreement whereby, in exchange for the Association providing certain
parking spaces to TOC, TOC would pay the assessments for units 9-11 from and
after the date title for those units was conveyed to TOC.

 TOC further alleges that the Association never provided the agreed on parking
spaces. Further, TOC argues that the Association’s failure to do so constitutes a
material breach that excuses TOC’s obligation to pay the assessments.

 If the Association’s claim that TOC must pay assessments was based on the
alleged parking space agreement, TOC might have a viable material breach
argument. But the Association’s claim that TOC must pay assessments is not
based on the alleged parking space agreement. Rather, it is based on the CC&Rs.
Thus, in the context of a material breach defense, the alleged breach of the
parking space agreement is a red herring.

SUPPLEMENTAL BRIEFS

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/02/2015

Docket Code 019
Form V000A
Page 3

The Court is considering whether the Association has established as a matter of law that
it has a right to foreclose on the subject units. The Court is interested in further briefing
regarding the two questions discussed below:

(1) TOC has asserted the defenses of laches and unclean hands. These are equitable
defenses. Through Count Two of the Counterclaim, the Association seeks to recover
money due under the CC&Rs (arguably a legal claim). The Association also seeks to
foreclose pursuant to §33-1256 (a statutory claim). In Arizona, are the equitable
defenses of laches and unclean hands available in response to such a claim?

(2) TOC argues that it is excused from paying assessments because of alleged material
breaches by the Association. Not all breaches are material. For example, if a painter
agrees to paint a house in exchange for a payment of $1,000 and never paints the
house, the painter’s material breach would certainly prevent a successful suit to
recover the $1,000. On the other hand, if a contractor who agreed to build a house
completed the house (except for gutters and downspouts) and sued for payment, there
has probably been no material breach. Rather, the amount of recovery the contractor
is entitled to would likely be reduced by the unfinished work. In this case, is there
evidence that the Association is guilty of a material breach or breaches of the CC&Rs
that excuses TOC’s obligation to pay assessments?

IT IS ORDERED as follows:

 The parties must file simultaneous supplemental briefs regarding the two
questions listed above.

 The supplemental briefs must be filed by 4:00 p.m. on March 16, 2015.

 The supplemental briefs may not exceed four pages per side.

The questions asked by the Court fall within the parameters of issues raised in the
pleadings. Counsel must resist the temptation to submit new factual information or to make
totally new arguments because, to the extent not already included in the pleadings regarding the
“Motion for Summary Judgment”, the parties have waived the right to do so.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/07/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/06/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
WILLIAM SCOTT JENKINS

STEVE DENNING
NO ADDRESS ON RECORD
JIM EHINGER
NO ADDRESS ON RECORD
EMERY JENSEN
NO ADDRESS ON RECORD
DENNIS KOLODIN
NO ADDRESS ON RECORD
STARPOINTE COMMUNITIES L L C
NO ADDRESS ON RECORD
WILLOWALK PROPERTY LIMITED
PARTNERSHIP
NO ADDRESS ON RECORD
S T R CONSTRUCTION LTD
NO ADDRESS ON RECORD
COMM. BENNY

MINUTE ENTRY

This Court has received Plaintiff’s e-filed Application and Affidavit for Default against
Defendant(s) Willowalk Property Limited Partnership (“Defendant”) in the above-captioned
case pursuant to Rule 55, Arizona Rules of Civil Procedure. Plaintiff is advised that default
proceedings assigned to Judge Aceto are heard by Commissioner Benny. Pursuant to Supreme
Court Administrative Order No. 2010-117, Plaintiff is further advised that Commissioner

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/06/2014

Docket Code 023
Form V000A
Page 2

Divisions cannot access e-filed documents at this time. Accordingly, parties are directed to
deliver copies of the necessary documents, including Plaintiff’s e-filed Application and Affidavit
for Default, to Commissioner Benny’s Division. Plaintiff is further advised that Commissioner
Benny will not set any default proceedings or issue any default Judgment until Plaintiff
completes and delivers a default coversheet and packet to Commissioner Benny’s Division.
Therefore,

IT IS ORDERED that Plaintiff shall deliver copies of its previously filed Application
and Affidavit for Default and all other default related papers to the Commissioner’s Division as
set forth above.

Parties/Counsel can find the coversheets on the website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/11/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/10/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

The court has received and reviewed the parties’ Joint Motion to Extend Deadline to
Disclose Areas of Expert Testimony in this case.

IT IS ORDERED granting the motion electronically filed on March 5, 2015, all in
accordance with the formal written Order signed by the Court on March 9, 2015 and entered
(filed) by the clerk on March 10, 2015.

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.

FILED: Order, signed 3/10/15

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/14/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/10/2016

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

MINUTE ENTRY

Courtroom 207 – SEA

2:04 p.m. This is the time set for Telephonic Status Conference re: discovery dispute.
Counsel, Ryan J. Lorenz, appears telephonically on behalf of Plaintiff. Counsel, Kevin P.
Nelson, appears telephonically on behalf of Defendants.

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

The Court has reviewed the case file and the pleadings filed by the parties.

Counsel for Defendants addresses the Court regarding his Notice of Telephonic Status
Conference filed on March 8, 2016.

Based on the Court’s review of the case file, its review of the minute entries dated
November 19, 2015 and February 26, 2016, and there being no agreement by counsel,

IT IS ORDERED quashing the depositions of Cynthia Futter and Julia Brown.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/10/2016

Docket Code 029
Form V000A
Page 2

IT IS FURTHER ORDERED sustaining counsel for Defendants’ objection to
Plaintiff’s production of written discovery.

IT IS FURTHER ORDERED that Defendants’ request for appointment of a special
discovery master shall abide the Court’s review of the responses to Defendants’ Motions for
Summary Judgment and the Scheduling Order to be submitted by counsel.

At the request of counsel,

IT IS ORDERED extending the deadline for Plaintiff to file responses to Defendants’
Motions for Summary Judgment to March 28, 2016.

IT IS FURTHER ORDERED directing counsel to confer at Mr. Nelson’s office on
March 11, 2016 for no more than 90 minutes regarding a limited reopening of discovery for
purposes of expert depositions and dealing with the outstanding discovery requests for the
documents of the non-parties, the pending Motions to Compel, and the pending Motions to
Quash.

2:34 p.m. Conference concludes.

LATER:

IT IS ORDERED affirming the Oral Argument re: Defendants’ Motions for Summary
Judgment set for May 6, 2016 at 2:00 p.m. (1 hour allotted).

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/21/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/16/2018

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

WESTERN ALLIANCE BANK
ATTN: LEGAL PROCESSING
P O BOX 98814
LAS VEGAS NV 89193
LIBERTY INSURANCE
UNDERWRITERS INC
175 BERKELEY ST
BOSTON MA 02116
CHRISTOPHER T CURRAN
MICHAEL A WRAPP

MOTION GRANTED

The Court has received and reviewed Defendants’ Motion to Suppress Gail Huff’s
Deposition Transcript filed on February 14, 2018. There being no response or objection and
good cause appearing in the Motion,

IT IS ORDERED granting Defendants’ Motion to Suppress Gail Huff’s Deposition
Transcript.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/21/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/16/2018

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

WESTERN ALLIANCE BANK
ATTN: LEGAL PROCESSING
P O BOX 98814
LAS VEGAS NV 89193
LIBERTY INSURANCE
UNDERWRITERS INC
175 BERKELEY ST
BOSTON MA 02116
CHRISTOPHER T CURRAN
MICHAEL A WRAPP

MINUTE ENTRY

The Court has considered the Motion to Quash Plaintiff’s Enforcement and Execution
Efforts in Violation of Stay (oral argument requested), Plaintiff’s Consolidated Response and
Request for Hearing on Writs of Garnishments and the Reply.

On December 11, 2017, the Court held a Telephonic Status Conference with counsel.
After argument, the Court ordered “that all execution and enforcement on the judgment is
stayed”. That ruling remains in effect.

Good cause appearing in Defendant’s Motion and Reply,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/16/2018

Docket Code 019
Form V000A
Page 2

IT IS ORDERED granting Defendant’s Motion to Quash Plaintiff’s attempted
enforcement and execution efforts.

IT IS FURTHER ORDERED denying the request for oral argument.

IT IS FURTHER ORDERED denying Defendant’s Request for Hearing on Writs of
Garnishment.

IT IS FURTHER ORDERED quashing the Writs of Garnishment.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/22/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/21/2018

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

WESTERN ALLIANCE BANK
ATTN: LEGAL PROCESSING
P O BOX 98814
LAS VEGAS NV 89193
LIBERTY INSURANCE
UNDERWRITERS INC
175 BERKELEY ST
BOSTON MA 02116
CHRISTOPHER T CURRAN
MICHAEL A WRAPP

MINUTE ENTRY

The Court has received and reviewed Plaintiff’s/Counter-Defendant’s Notice of Lodging
Order filed on December 27, 2017. Based on the Court’s Order of December 4, 2017, the Order
denying the Motion for New Trial signed on November 22, 2017 and the pending appeal,

IT IS ORDERED that Plaintiff’s Notice of Lodging Order is deemed moot.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/22/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/21/2018

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

WESTERN ALLIANCE BANK
ATTN: LEGAL PROCESSIG P O BOX
98814
LAS VEGAS NV 89193
LIBERTY INSURANCE
UNDERWRITERS INC
175 BERKELEY ST
BOSTON MA 02116
CHRISTOPHER T CURRAN
MICHAEL A WRAPP

MOTION DENIED

After a review of Plaintiff’s Motion to Compel Compliance with Subpoena Duces Tecum
on Non-Party Liberty Mutual Group, Inc., the Opposition by non-party Liberty Mutual Group
and Plaintiff’s Reply,

THE COURT FINDS that the subpoena duces tecum is overly broad and requests
documents not relevant to the matter at issue at the scheduled Evidentiary Hearing.

IT IS ORDERED denying Plaintiff’s Motion to Compel Compliance with Subpoena
Duces Tecum on Non-Party Liberty Mutual Group, Inc. filed on January 19, 2018.

IT IS FURTHER ORDERED denying the request for a hearing.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/25/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/24/2014

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
WILLIAM SCOTT JENKINS

STEVE DENNING
NO ADDRESS ON RECORD
JIM EHINGER
NO ADDRESS ON RECORD
EMERY JENSEN
NO ADDRESS ON RECORD
DENNIS KOLODIN
NO ADDRESS ON RECORD
MITCHELL J RESNICK
KIRK H HAYS

MINUTE ENTRY

The Court has received and reviewed Plaintiffs’ Motion for Extension of Time to
Respond to Defendant’s Motion to Strike in this case.

IT IS ORDERED granting the Motion electronically filed on March 18, 2014, all in
accordance with the formal written Order signed by the Court on March 24, 2014 and entered
(filed) by the clerk on March 24, 2014.

IT IS FURTHER ORDERED extending the deadline to for Plaintiffs’ to file their
Response to Defendant’s Motion to Strike until April 1, 2014.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/24/2014

Docket Code 022
Form V000A
Page 2

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. 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.

FILED: Order Granting Plaintiffs’ Motion for Extension of Time to Respond to Defendant’s
Motion to Strike, signed 3/24/2014

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/24/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

On November 24, 2014, TOC filed a “Motion for Summary Judgment Regarding Count
Two of the Counterclaim (Foreclosure of the Assessment Lien)”. The court has reviewed the
pleadings, including the recently filed supplemental briefs. Pursuant to Rule 7.1, the court
declines to schedule oral argument.

TOC has not established entitlement to judgment as a matter of law. Therefore,

IT IS ORDERED denying TOC’s “Motion for Summary Judgment”.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/28/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/24/2017

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
KEVIN P NELSON

MICHAEL A WRAPP
ROBERT G ANDERSON
ANDREW B TURK
JACOB REICH

MINUTE ENTRY

Courtroom 207 – SEF

2:06 p.m. This is the time set for Telephonic Status Conference re: discovery disputes.
Counsel, Ryan J. Lorenz, appears telephonically on behalf of Plaintiff. Counsel, Kevin P.
Nelson, appears telephonically on behalf of Defendant.

A record of the proceedings is made digitally in lieu of a court reporter.

LET THE RECORD REFLECT the Court has received e-mail correspondence from
counsel for the parties concerning various discovery disputes.

Discussion is held on the disputes.

IT IS ORDERED that Defendant is permitted to subpoena Mr. Clemson’s file; to obtain
and disclose a rebuttal report by their own expert and further permitted to depose Mr. Clemson.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

03/24/2017

Docket Code 029
Form V000A
Page 2

IT IS ORDERED confirming that the Court did not intend to re-open discovery beyond
the limited issues set forth in its Under Advisement Ruling of January 19, 2017.

With regard to the parking issue,

IT IS ORDERED allowing Plaintiff until April 7, 2017 to file a Motion with the Court.
Any Response and Reply are to be filed according to the Rules. The Court will determine if
further argument is necessary.

With regard to counsel for Plaintiff’s avowal concerning preservation of witness
testimony rather than additional discovery, the Court accepts the avowal. The Court suggests
that counsel confer to resolve the issue.

IT IS ORDERED affirming the Telephonic Trial Management Conference set for
August 11, 2017 at 9:00 a.m. (15 minutes allotted).

IT IS FURTHER ORDERED affirming the Trial set for August 21, 2017 at 9:30 a.m.
(8 days allotted).

2:20 p.m. Conference concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

04/07/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

MINUTE ENTRY

After a Telephonic Status Conference on February 26, 2016, the Court advised the parties
it would not rule on unresolved discovery motions pending receipt of a revised Scheduling Order
to be lodged on or before March 28, 2016 (this order did not apply to the also pending
Defendants’ Motion for Summary Judgment). A revised Scheduling Order has not been
provided by the parties to the Court. After a further hearing on March 10, 2016 regarding
discovery disputes, counsel were directed to confer regarding a limited re-opening of discovery
for the purposes of expert depositions and the outstanding discovery requests for the documents
of non-parties, the pending Motions to Compel and the pending Motions to Quash. On March
28, 2016, the Court received from Plaintiff’s counsel a Joint Notice Re: Resolution of Discovery
Issues (on Defense counsel’s letterhead), a draft of which had been prepared by Defendants’
counsel with a representation by Plaintiff that Defendants’ counsel had refused to sign the
document. Later that same day, Defendants filed their Association Defendants’ Unilateral
Notice Re: Resolution of Discovery Issues. Notwithstanding this unusual presentation to the
Court and what appears to be the continuing bickering of the parties, it does appear that some
agreements were reached.

IT IS ORDERED denying all pending unresolved Motions to Compel including any
requests for sanctions. As far as the Court can determine, the Motions to Quash have been ruled

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

04/07/2016

Docket Code 023
Form V000A
Page 2

on. This denial is without prejudice to a further consideration, if necessary, after a ruling on the
pending Motion for Summary Judgment.

IT IS FURTHER ORDERED directing the Association Defendants to lodge (sealed)
with the Court, discovery produced by Yahoo to the Association Defendants and the Court will
make a later determination whether to conduct an in-camera review of the discovery. In making
this determination, the Court notes the prior order quashing the subpoena which lead to the
production of the discovery.

IT IS FURTHER ORDERED affirming the Oral Argument re: Defendants’ Motion for
Partial Summary Judgment set for May 6, 2016 at 2:00 p.m. (1 hour allotted).

Chris DeRose, Clerk of Court

*** Electronically Filed ***

04/20/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

04/12/2018

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
ALEXANDER POULOS

WESTERN ALLIANCE BANK
ATTN: LEGAL PROCESSING
P O BOX 98814
LAS VEGAS NV 89193
JASMINA RICHTER
CHRISTOPHER A LAVOY
CHRISTOPHER T CURRAN

MINUTE ENTRY

Courtroom 207 – SEF

Prior to the commencement of today’s proceeding, Plaintiff’s exhibits 1-46 and
Defendants’ exhibits 47-74 are marked for identification.

2:23 p.m. This is the time set for Evidentiary Hearing to consider the amount of the bond
and any undue hardship on the part of the Association. Counsel, Ryan J. Lorenz, is present on
behalf of Plaintiff. Counsel, Alexander Poulos, is present on behalf of Defendants.

A record of the proceedings is made digitally in lieu of a court reporter.

LET THE RECORD REFLECT the Court met with counsel only in judicial chambers.
Discussion was held concerning the Court’s inclinations relating to the amount of the bond.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

04/12/2018

Docket Code 023
Form V000A
Page 2

The Court has reviewed the case file and the memoranda filed by the parties including
Plaintiff’s Notice of Supplemental Authority and Defendants’ Response thereto. The Court
declines to consider the supplemental authority in these proceedings.

Plaintiff’s Response to Defendants’ Motion to Suppress the Transcript of Gail Huff.
Plaintiff’s Response was untimely. However,

THE COURT FINDS that the actual notice of the deposition was insufficient.

Alan Goodman, Margaret Boyle, Candess Hunter, William David Chambless, Howard
Kunkle, Dan Perrine, and Aksel Firate are sworn.

The rule of exclusion of witnesses is invoked. The Court instructs the witnesses not to
discuss the case or their testimony with anyone but counsel and directs them to remain outside
the courtroom until they are called to testify.

Plaintiff’s exhibits 1-28, 30-44, 46 and Defendants’ exhibits 47-58, 60-63, 65-71, and 73
are received in evidence.

Defendants’ case:

Aksel Firate, previously sworn, now testifies.

The witness is excused.

Howard Kunkle, previously sworn, now testifies.

The witness is excused.

Defendants rest.

Plaintiff’s case:

Margaret Boyle, previously sworn, now testifies.

The witness is excused.

William David Chambless, previously sworn, now testifies.

The witness is excused.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

04/12/2018

Docket Code 023
Form V000A
Page 3

Candess Hunter, previously sworn, now testifies.

The witness is excused.

Alan Goodman, previously sworn, now testifies.

The witness is excused.

Plaintiff rests.

For reasons expressed on the record,

IT IS ORDERED that Defendants’ Motion to Quash Evidentiary Hearing Subpoenas to
Candess Hunter and David Chambless and for Entry of Protective Order, filed April 11, 2018, is
deemed moot.

Based on the testimony and evidence presented, the Court states its impressions and
inclinations on the record.

The Court is inclined to find that the net worth of the Association was $1,028,795.00.
The principle documentation and testimony submitted today relating to exhibit 47 seems to
affirm that amount. Exhibit 48 indicates that the net worth of the Association dropped, but that
seems to be reflective of occurrences in January 2018. For purposes of the Court’s ruling,
exhibit 47 is closer in time to the date of the Judgment. Therefore, the Court is inclined to use
exhibit 47 as the factual basis for its ruling. The Court notes the Notice of Appeal was filed on
December 5, 2017, which predates exhibit 48.

For reasons already expressed, the Court is inclined to find that the net worth of the
Association is $1,028,795.00. Fifty percent of that amount would be $514,397.50, which
presumptively should be the amount of the bond. The Court is inclined to find that there has
been a preponderance of evidence to support that finding.

If the Court finds that the Appellate is intentionally dissipating assets outside the ordinary
course of business to avoid payment of a judgment, then the Court can impose a bond up to the
full amount of the Judgment excluding attorneys’ fees. There has been some testimony
regarding the Board choosing to spend money for purposes of improving the common areas.
Plaintiff complains that the money is being partially spent on an unlicensed contractor. Whether
or not the Board is making wise business decisions is not before the Court. Therefore,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

04/12/2018

Docket Code 023
Form V000A
Page 4

THE COURT FINDS that Plaintiff has not met is burden with regard to the Association
intentionally dissipating assets to avoid payment of the Judgment.

Defendant also has the burden of proof to establish by clear and convincing evidence that
the Appellate is likely to suffer substantial economic harm if required to post the bond. There
was testimony by Mr. Kunkle that there would be some hardships and perhaps delay of repairs to
common area elements or repairs that occur because of the monsoon season. Mr. Kunkle also
testified that the Board has the ability to assess up to 10% against the unit owners to help pay for
the repairs. For these reasons,

THE COURT FINDS that Defendant has not established by clear and convincing
evidence that it is likely to suffer substantial economic harm if it is required to post the bond of
$514,397.50.

LET THE RECORD REFLECT counsel waive presentation of written closing
arguments.

Pursuant to the ruling entered, and there being no further need to retain the exhibits not
offered in evidence in the custody of the Clerk of Court,

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.

IT IS FURTHER ORDERED that counsel/party or written designee take immediate
possession of all exhibits referenced above.

ISSUED: Exhibit Release Form(s)

4:49 p.m. Hearing concludes.

LATER:

The Court has considered the testimony and evidence presented.

IT IS ORDERED affirming the above findings and inclinations as the orders of the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

04/12/2018

Docket Code 023
Form V000A
Page 5

IT IS ORDERED setting the bond at $514,397.50.

IT IS ORDERED that the Association shall post the bond through an agreed upon third
party on or before May 14, 2018.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/16/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

04/14/2015

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

On court’s motion,

IT IS ORDERED as follows:

The Telephonic Status Conference that had been set on September 11, 2015 is
reset to September 16, 2015 at 9:00 a.m.1 Counsel who will be lead counsel at
trial must participate in the Telephonic Status Conference. Counsel must have
their trial calendars available during this conference.

NOTE: Plaintiff shall be responsible for initiating the conference call by calling
the court at 602-506-2194, with all participating parties and counsel on the line, at
the date and time specified above.

1 This case is currently on a calendar assigned to Judge Mark Aceto. Effective June 22, 2015, this calendar
(including this case) will be reassigned to Judge Robert Oberbillig. Judge Oberbillig’s telephone number is (602)
506-2194.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/01/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

04/29/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

On March 6, 2015, plaintiffs filed a “Motion for Leave to File Second Amended
Complaint”. The court has reviewed the pleadings. Pursuant to Rule 7.1, the court declines to
schedule oral argument.

Under the circumstances,

IT IS ORDERED granting plaintiffs’ motion. Further,

IT IS ORDERED that the proposed “Second Amended Complaint” will be deemed to
have been filed and served when this minute entry is filed by the clerk of the court.

Plaintiffs’ “Second Amended Complaint” removes the residential plaintiffs from this
case. Defendants ask that the claims of these plaintiffs be dismissed with prejudice. No
opposition having been stated,

IT IS ORDERED granting defendants’ request. More specifically,

IT IS ORDERED that the claims of Tapestry Arizona Condos, LLC and Tapestry 607,
LLC are dismissed with prejudice.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

04/29/2015

Docket Code 019
Form V000A
Page 2

Given that the claims of the residential plaintiffs have been dismissed, defendants ask that
fees and costs be awarded to them regarding their successful litigation of these claims. The court
declines to award attorney fees and costs at this time and

IT IS ORDERED denying without prejudice the request for an award of fees and costs.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/03/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/02/2016

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

MOTION DENIED/
HEARING AFFIRMED

After reviewing Plaintiff’s Motion to Continue Summary Judgment Proceedings and
Motion for Enlargement of Time for Initial Response, the Association Defendants’ Response and
Plaintiff’s Reply, the Court considered again the allegations in the Second Amended Complaint
and the three pending Motions for Summary Judgment along with Plaintiff’s Responses. The
Motions are set for Oral Argument on May 6, 2016.

As a preliminary matter,

IT IS ORDERED granting Plaintiff’s request to extend the initial Summary Judgment
responses to March 30, 2016 and March 31, 2016 as reflected on the Court’s docket.

Plaintiff citied Rule 56(f) ARCP in its Motion but did not request an expedited hearing
and as pointed out by Defendants, Plaintiff’s Declaration does not satisfy the Affidavit
requirements of Rule 56(f)(1). Notwithstanding Plaintiff’s Declaration and Defendant’s
disagreement, neither has requested a hearing or oral argument.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/02/2016

Docket Code 019
Form V000A
Page 2

THE COURT FINDS insufficient good cause to continue the Summary Judgment
proceedings.

IT IS ORDERED denying Plaintiff’s Motion to Continue.

IT IS FURTHER ORDERED affirming the Oral Argument re: Defendants’ Three (3)
Motions for Partial Summary Judgment set for May 6, 2016 at 2:00 p.m. (1 hour allotted).

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/07/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/06/2015

Docket Code 079
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK
DOCKET-CIVIL-SE

ORDER OF DISMISSAL

The Court has received and reviewed the parties’ Stipulation for Dismissal with Prejudice
in this case.

IT IS ORDERED accepting the stipulation electronically filed on May 4, 2015, all in
accordance with the order electronically signed by the court on May 5, 2015 and entered (filed)
by the clerk on May 6, 2015.

IT IS FURTHER ORDERED that Willowalk Property Limited Partnership’s Cross-
Claim for contractual indemnification against Tapestry On Central Condominium Association is
dismissed with prejudice.

Please note: The court has signed 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/06/2015

Docket Code 079
Form V000A
Page 2

FILED: Order of Dismissal with Prejudice of Cross-Claim, electronically signed 5/5/15

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/11/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/06/2016

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

MINUTE ENTRY

Courtroom 207 – SEA

2:03 p.m. This is the time set for Oral Argument re: Defendants’ Motions for Summary
Judgment. Counsel, Ryan J. Lorenz, is present on behalf of Plaintiff. Counsel, Kevin P. Nelson
and Michael J. Rogers, are present on behalf of Defendants.

A record of the proceedings is made digitally in lieu of a court reporter.

The Court has reviewed the case file and the pleadings filed by the parties along with the
sealed disc produced by Yahoo! Production in response to a subpoena. The Court is not inclined
to conduct an in-camera review of the disc.

With regard to Defendants’ Motion for Partial Summary Judgment Regarding the
Eleventh Claim for Relief (Alleged Violation of A.R.S. §33-420), the Court is inclined to agree
with Plaintiff that the lien is within the provisions of A.R.S. §33-420. The Court is inclined to
find that the factual disputes that have been raised are not material for purposes of summary
judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/06/2016

Docket Code 020
Form V000A
Page 2

With regard to Defendants/Counterclaimants’ Motion for Summary Judgment Regarding
the Tenth Claim for Relief in the Second Amended Complaint (Tortious Interference with
Business Expectancy), the Court is inclined to accept Defendants’ argument. The Court will
consider further argument regarding the purchase agreement with Mr. Lew.

Oral argument is presented on Defendants/Counterclaimants’ Motion for Summary
Judgment Regarding the Tenth Claim for Relief in the Second Amended Complaint (Tortious
Interference with Business Expectancy), Defendants’ Motion for Partial Summary Judgment
Regarding the Second, Fourth, Fifth, and Seventh Claims for Relief in the Second Amended
Complaint, and Defendants’ Motion for Partial Summary Judgment Regarding the Eleventh
Claim for Relief (Alleged Violation of A.R.S. §33-420).

THE COURT FINDS that the facts in dispute in this case do not rise to the level of the
statutory requirements of A.R.S. §33-420.

IT IS THEREFORE ORDERED granting Defendants’ Motion for Partial Summary
Judgment Regarding the Eleventh Claim for Relief.

THE COURT FINDS that any cause of action based on the letters of intent dated July
26, 2010, September 3, 2010 and May 17, 2011 are barred by the Statute of Limitations.

IT IS THEREFORE ORDERED granting Defendants/Counterclaimants’ Motion for
Summary Judgment Regarding the Tenth Claim for Relief in the Second Amended Complaint
(Tortious Interference with Business Expectancy) as it relates to the letters of intent.

IT IS ORDERED as it relates to the declaratory judgment action, Defendants’ Motion
for Partial Summary Judgment Regarding Count 4 is granted.

IT IS ORDERED taking under advisement Defendants’ Motion for Partial Summary
Judgment Regarding the Second, Fifth, and Seventh Claims for Relief in the Second Amended
Complaint as well as the Rule 30(b)(6) component and the argument that the offer was not a
genuine purchase agreement.

3:30 p.m. Matter concludes.

LATER:

LET THE RECORD REFLECT as a follow up to the minute entry dated April 7, 2016,
the Court will consider scheduling this matter for a hearing to discuss a possible trial setting.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

05/22/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/18/2018

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
ALEXANDER POULOS

WESTERN ALLIANCE BANK
ATTN: LEGAL PROCESSING
P O BOX 98814
LAS VEGAS NV 89193
JASMINA RICHTER
CHRISTOPHER A LAVOY
CHRISTOPHER T CURRAN

DEADLINE EXTENDED

The Court has received and reviewed Defendants’ Motion to Extend Deadline to Post
Bond Through an Agreed Upon Third Party filed on May 14, 2018. No Order was attached.
After a review of the Court’s file,

IT IS ORDERED granting Defendants’ Motion to Extend.

IT IS FURTHER ORDERED extending the deadline to post the $514,397.50 bond up
to and including Friday, May 18, 2018.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/22/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/19/2015

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

The court has received and reviewed defendants’ Notice of Lodging Stipulated
[Proposed] Protective Order Regarding Privileged, Confidential, and Confidential-Attorney’s
Eyes Only Information.

IT IS ORDERED accepting the stipulation electronically filed on May 15, 2015, all in
accordance with the formal written order signed by the court on May 19, 2015 and entered (filed)
by the clerk on May 19, 2015.

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.

FILED: Stipulated Protective Order Regarding Privileged, Confidential, and Confidential-
Attorney’s Eyes Only Information, signed 5/19/15

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/22/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/19/2015

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

The court recently received a “Stipulation for Extension”. Under the circumstances,

IT IS ORDERED as follows:

 The deadline for filing dispositive or partially dispositive motions is 5:00
p.m. on October 19, 2015 or 140 days before trial, whichever comes first.

 The Telephonic Status Conference that had been set on September 16,
2015 at 9:00 a.m. is reset to September 28, 2015 at 10:45 a.m.1 Counsel
who will be lead counsel at trial must participate in the Telephonic Status
Conference. Counsel must have their trial calendars available during this
conference.

1 This case is currently on a calendar assigned to Judge Mark Aceto. Effective June 22, 2015, this calendar
(including this case) will be reassigned to Judge Robert Oberbillig. Judge Overbilling’s telephone number is (602)
506-2194.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/19/2015

Docket Code 028
Form V000A
Page 2

NOTE: Plaintiff shall be responsible for initiating the conference call by
calling the court at 602-506-2194, with all participating parties and
counsel on the line, at the date and time specified above.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/22/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/19/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

The court has received and reviewed the “Stipulation for Extension” electronically filed
on May 15, 2015.

IT IS ORDERED imposing deadlines and other orders in accordance with the formal
written order signed by the court on May 19, 2015 and entered (filed) by the clerk on May 19,
2015. Because the court may not have adopted all of the proposals of the parties, the parties
should review the court’s signed order.

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.

FILED: Order Re: Extension of Time and Discovery Disputes, signed 5/19/15

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/01/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/28/2015

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

The court having received and reviewed the parties’ Notice of Settlement electronically
filed May 26, 2015

IT IS ORDERED placing the claims of Willowalk Property Limited Partnership and
GDC Development Corporation on the Dismissal Calendar for dismissal on July 13, 2015.
Unless a stipulated judgment or a stipulation for dismissal together with a proposed form of
order is submitted to the court before that date, the remaining claims as to Willowalk Property
Limited Partnership and GDC Development Corporation will be dismissed without further
notice.

Michael K. Jeanes, Clerk of Court

*** Filed ***

05/30/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/29/2014

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

STEVE DENNING
NO ADDRESS ON RECORD
JIM EHINGER
NO ADDRESS ON RECORD
EMERY JENSEN
NO ADDRESS ON RECORD
DENNIS KOLODIN
NO ADDRESS ON RECORD
STARPOINTE COMMUNITIES L L C
NO ADDRESS ON RECORD
S T R CONSTRUCTION LTD
NO ADDRESS ON RECORD
MITCHELL J RESNICK

EXTENSION OF SERVICE DEADLINE

Pursuant to a request filed on May 22, 2014,

IT IS ORDERED extending the deadline for service to July 22, 2014. Unless service is
accomplished and proof of service is filed before that date, all claims against unserved
Defendants will be dismissed without further notice.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/29/2014

Docket Code 019
Form V000A
Page 2

/ s / HON. MARK F. ACETO

JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/30/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/29/2014

Docket Code 025
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

STEVE DENNING
NO ADDRESS ON RECORD
JIM EHINGER
NO ADDRESS ON RECORD
EMERY JENSEN
NO ADDRESS ON RECORD
DENNIS KOLODIN
NO ADDRESS ON RECORD
STARPOINTE COMMUNITIES L L C
NO ADDRESS ON RECORD
S T R CONSTRUCTION LTD
NO ADDRESS ON RECORD
MITCHELL J RESNICK

MINUTE ENTRY

On February 27, 2014, Defendant Tapestry on Central Condominium Association
(“Defendant”) filed a “Motion to Strike Complaint”. On March 13, 2014, Defendant also filed a
“Motion for More Definite Statement”. The Court recently authorized Plaintiffs to file a “First
Amended Complaint”. Under the circumstances, the above-identified defense motions are moot.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/30/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/29/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

STEVE DENNING
NO ADDRESS ON RECORD
JIM EHINGER
NO ADDRESS ON RECORD
EMERY JENSEN
NO ADDRESS ON RECORD
DENNIS KOLODIN
NO ADDRESS ON RECORD
STARPOINTE COMMUNITIES L L C
NO ADDRESS ON RECORD
S T R CONSTRUCTION LTD
NO ADDRESS ON RECORD
MITCHELL J RESNICK

MINUTE ENTRY

On April 10, 2014, Plaintiffs filed a “Motion for Leave to File First Amended
Complaint”.

IT IS ORDERED granting this motion. Further,

IT IS ORDERED that Plaintiffs file the proposed “First Amended Complaint” by no
later than 11 calendar days after this Minute Entry is filed by the Clerk of the Court.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/02/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

05/29/2015

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

Courtroom 203-SEA

2:18 p.m. This is the time set for Telephonic Status Conference. Counsel, Aaron M.
Finter participates for plaintiff. Counsel, Kevin P. Nelson participates for defendants.

This matter comes on in the courtroom off the record.

Court and counsel discuss the status of the case.

2:27 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/10/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

06/08/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

MINUTE ENTRY

Courtroom 203-SEA

3:10 p.m. This is the time set for Telephonic Status Conference Re: Defendant’s Motion
to Compel filed on June 4, 2015 in this case. Counsel, Aaron Finter, participates for plaintiff(s).
Counsel, Kevin P. Nelson, participates for defendant.

This matter comes on in the courtroom off the record.

Court and counsel discuss the status of the case.

3:28 p.m. The court proceeds on the record. A record of the proceedings is made by
audio and/or videotape in lieu of a court reporter.

Mr. Nelson presents argument. Mr. Finter is heard in response. Mr. Nelson is heard in
closing.

IT IS ORDERED granting defendant’s motion. More specifically,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

06/08/2015

Docket Code 019
Form V000A
Page 2

IT IS ORDERED that plaintiff produces both Mr. Ben Moshe and Ms. Carras for Rule
30(b)(6) deposition at defense counsel’s office on June 23, 2015. Nothing about this order
precludes plaintiff from presenting Mr. Maimon to serve as a Rule 30(b)(6) deponent in addition
to Mr. Ben Moshe and Ms. Carras.

Mr. Ben Moshe is scheduled to be deposed on two separate days. The court expects that
counsel will work together and, to the extent possible, that all questions will be asked of Mr. Ben
Moshe on one day rather than two.

3:41 p.m. Matter concludes.

FILED: Order, signed 6/8/15

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/15/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

06/08/2017

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
KEVIN P NELSON

MICHAEL A WRAPP
ROBERT G ANDERSON
ANDREW B TURK
JACOB REICH

MOTION DENIED/
HEARINGS AFFIRMED

The Court has received and reviewed Plaintiff’s First Motion in Limine Re Breach of
Contract Evidence along with Defendant’s Response. After a review of the Court’s docket,

IT IS ORDERED denying Plaintiff’s First Motion in Limine Re Breach of Contract
Evidence.

IT IS FURTHER ORDERED denying the request for oral argument.

IT IS FURTHER ORDERED affirming the Telephonic Trial Management Conference
set for August 11, 2017 at 9:00 a.m. (30 minutes allotted) and the Jury Trial set for August 21,
2017 at 9:30 a.m. (8 days allotted).

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/17/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

06/13/2016

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

UNDER ADVISEMENT RULING/
TELEPHONIC STATUS CONFERENCE SET

After Oral Argument on May 6, 2016, the Court took under advisement Defendant’s
Motion for Summary Judgment on three separate counts after granting Defendant’s Partial
Motion for Summary Judgment relating to Counts 10 and 11 and mistakenly referenced Count 4
as part of the Court’s order. Instead, the Minute Entry of May 6, 2016 should reflect that the
Court is granting the Motion for Summary Judgment as it related to Counts 7, the declaratory
judgment claim. The counts being taken under advisement were Counts 2, 4 and 5. After
considering the oral argument and memoranda of the parties,

IT IS ORDERED denying Defendant’s Motion for Summary Judgment as it relates to
repairs made at the direction of the Defendant and for the maintenance of the common areas
which was the Defendant’s responsibility. To that extent,

IT IS ORDERED denying Defendant’s Motion for Summary Judgment on Counts 2 and
4.

For reasons set forth in Defendant’s Motion,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

06/13/2016

Docket Code 926
Form V000A
Page 2

IT IS ORDERED granting the Motion for Summary Judgment as it relates to the 5th
claim for relief, the alleged breach of an oral contract.

IT IS FURTHER ORDERED that an award of attorneys’ fees will abide final judgment
in this matter.

IT IS ORDERED setting a Telephonic Status Conference re: trial date on July 29, 2016
at 1:30 p.m. (15 minutes allotted) in this Division.

NOTE: 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 at (602) 506-6251 promptly at the scheduled time.

NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/15/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

06/14/2016

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

MINUTE ENTRY

Following up on the Court’s Minute Entries dated January 15, 2016, April 7, 2016 and
May 6, 2016, the Court has not conducted an in-camera review of the discovery produced by
non-party Yahoo! Inc. in response to Defendant’s Subpoena. The documents were provided to
the Court by Defendant on or about April 12, 2016. These documents will be returned to the
Plaintiff in the sealed envelope provided by Defendant’s counsel.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/06/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/01/2015

Docket Code 314
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
MITCHELL J RESNICK

BANKRUPTCY FILED

Before the Court is Defendants Dennis and Catherine Kolodin’s Notice of Filing Chapter
11 Bankruptcy electronically filed on June 30, 2015, that indicates a petition under the
Bankruptcy Code was filed on June 24, 2015, by Dennis and Catherine Kolodin (debtors) in case
number 15-bk-7843.

IT IS ORDERED placing this case/claim(s) on the Dismissal Calendar until December
28, 2015 (180 days) as to Defendants Dennis and Catherine Kolodin (debtors).

This case/claim(s) will be dismissed on December 28, 2015, unless prior to the
scheduled dismissal date Plaintiff(s) demonstrate they have moved to lift the stay but the request
has not been ruled upon or has been denied; they have sought to reduce the claim(s) against the
debtors to judgment in the Bankruptcy Court in an adversary proceeding and the adversary
proceeding has not yet been resolved despite diligence in seeking such a resolution; they have
obtained severance of the claim(s) against the debtors from the claim(s) against the other parties
to the action, if any; or they have demonstrated a reasonable basis for continuance of the case on
the Dismissal Calendar.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/01/2015

Docket Code 314
Form V000A
Page 2

Any party may ask the Court to schedule an informal status conference before the 180-
day period expires to inform the Court what action, if any, is undertaken in the Bankruptcy Court
that would permit this case to proceed.

IT IS ORDERED that as to the remaining Defendant(s), the provisions of Rule 38.1,
ARCP, shall continue to apply.

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.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/06/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/02/2015

Docket Code 066
Form V000A
Page 1

CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
RONALD J ELLETT
COURT ADMIN-CIVIL-CCC
JUDGE OBERBILLIG
JUDGE TALAMANTE

CASE REASSIGNMENT - CIVIL PRESIDING JUDGE

This case was previously assigned to the Honorable Robert Oberbillig. A Notice of
Change of Judge has been filed by Plaintiff Tapestry on Central, LLC. The case was transferred
to the Civil Presiding Judge for reassignment.

IT IS ORDERED that this case be assigned to Civil Calendar CVJ-22, the Honorable
David Talamante, for all further proceedings. If any objections to the Notice of Change of Judge
are filed, the noticed judge retains jurisdiction to hear and decide the objections. Any objections
must be filed and a copy delivered to the noticed judge within twenty days of the date of this
order.

Pending:
1. Defendants Dennis Kolodin, Steven Denning, Jim Ehinger, and
Emery Jensen’s 05/27/2015 Motion to Dismiss Counts 10, 11,
and 12 of Plaintiff Tapestry on Central, LLC’s Second Amended

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/02/2015

Docket Code 066
Form V000A
Page 2

Complaint;

2. Defendant Tapestry on Central Condominium Association’s
05/08/2015 Motion to Compel and Request for Sanctions;

3. Defendant Tapestry on Central Condominium Association’s
05/12/2015 Motion for Leave to Depose Uzrad Lew;

4. Plaintiff’s 06/02/2015 Motion to Extend Deadline Re: Expert
Disclosures;

5. Plaintiff’s 06/15/2015 Motion for Extension of Time Re:
Defendants’ Motion to Dismiss Counts 10, 11 and 12 of
Plaintiff’s Second Amended Complaint;

6. Plaintiff’s 06/19/2015 Motion for Extension of Time Re:
Defendants’ Motion to Dismiss Counts 10, 11 and 12 of
Plaintiff’s Second Amended Complaint;

7. Defendants Dennis and Catherine Kolodin’s 06/30/2015 Notice
of Filing Chapter 11 Bankruptcy; and

8. Telephonic status conference set for 09/28/2015 at 10:45 a.m.

ATTENTION: If there are any matters pending and/or previously scheduled events
(oral argument, hearings, conferences, trial, etc.), counsel are directed to immediately
contact the newly assigned division to determine whether the new division is able to
maintain the current schedule in this matter.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/14/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/10/2015

Docket Code 002
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON

MINUTE ENTRY

The Court has received this matter by way of reassignment by the Presiding Civil Judge.
The Court has the following pending motions before it: Plaintiffs’ Motion to Extend Deadline
Re: Expert Disclosures with the Response and Reply; Defendant Kolodin, Denning, Ehinger and
Jensen’s Motion to Dismiss Counts 10, 11 and 12 of Plaintiff Tapestry on Central, LLC’s Second
Amended Complaint with the Response and Reply; Defendant Tapestry on Central
Condominium Association’s Motion to Compel and Request for Sanctions with the Notice,
Response and Reply; Defendant Tapestry on Central Condominium Association’s Motion for
Leave to Depose Uzrad Lew with the Response and Reply; Plaintiffs’ Motion for Protective
Order with the Response and Reply; and Plaintiffs’ Motion for Extension of Time Re:
Defendants’ Motion to Dismiss.

Because of the reassignment and the Court being unavailable at the time of the previously
set Telephonic Status Conference,

IT IS ORDERED vacating the Telephonic Status Conference set for September 28, 2015
at10:45 a.m.

IT IS FURTHER ORDERED that once the Court has reviewed all pending motions, the
Court will determine what hearings are necessary to set.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/20/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/16/2015

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON

MINUTE ENTRY

The Court has received and reviewed Plaintiff’s Motion to Extend Deadline Re: Expert
Disclosures along with the Response and Reply thereto.

IT IS ORDERED granting Plaintiff’s Motion to Extend Deadline Re: Expert Disclosures
all in accordance with the formal written Order signed by the Court on July 15, 2015 and filed
(entered) by the Clerk on July 16, 2015.

IT IS FURTHER ORDERED denying Defendants’ request for oral argument.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/20/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/16/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON

MINUTE ENTRY

The Court has received and reviewed Plaintiff’s Motion for Extension of Time Re:
Defendant’s Motion to Dismiss Counts 10, 11 and 12 of Plaintiff’s Second Amended Complaint
filed on June 15, 2015. Another Plaintiff’s Motion for Extension was filed on June 19, 2015.
Based on the Court’s Order signed on July 15, 2015 as to the extension of time requested in the
Motion filed June 19, 2015, this Motion for Extension of Time is deemed moot.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/20/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/17/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON

MINUTE ENTRY

The Court was recently assigned this matter and has had an opportunity to review the
pending Motions.

First, considering Defendant Tapestry on Central Condominium Association’s Motion to
Compel and Request for Sanctions, the Court has considered the Motion along with Defendant’s
Notice filed June 4, 2015 and what appears to be an untimely Response by Plaintiff filed June
15, 2015 and Defendant’s Reply. Defendant has requested oral argument. It also appears that
the requested financial information/tax records, if disclosed, would be subject to the Stipulated
Protective Order approved by the Court on May 19, 2015.

THE COURT FINDS that the information requested in the non-uniform interrogatories
and request for production are appropriate for discovery.

IT IS ORDERED granting the Motion to Compel and to the extent that the discovery
has not been provided by Plaintiff, the requested documents and responses to the interrogatories
shall be provided on or before August 3, 2015.

Good cause appearing and Defendant having complied with Rule 37(a) ARCP,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/17/2015

Docket Code 019
Form V000A
Page 2

IT IS ORDERED granting Defendant reasonable attorneys’ fees and directing
Defendant to file an appropriate affidavit in support of the fees no later than August 10, 2015.

IT IS FURTHER ORDERED denying the request for oral argument.

Next, regarding Defendant Tapestry on Central Condominium Association’s Motion for
Leave to Depose Uzrad Lew, the Court having considered the Motion along with Plaintiff’s
Response and Motion for Protective Order and Defendant’s Reply,

IT IS ORDERED approving the form of Order attached to Defendant’s Motion for
Leave that permits the deposition of Uzrad Lew with language added by the Court that requires
that the order granting the deposition is subject to the Court’s ruling on Plaintiff’s Motion for
Protective Order.

IT IS FURTHER ORDERED denying the request for oral argument on the Motion for
Leave to Depose.

Next, the Court has considered Plaintiff’s Motion for Protective Order along with
Defendant’s Response (Oral Argument Requested) and Plaintiff’s Reply.

IT IS ORDERED setting this matter for Oral Argument on August 10, 2015 at 10:00 a.m.
(allotted time: 45 minutes) before:

HONORABLE DAVID TALAMANTE
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 207
MESA AZ 85210

IT IS FURTHER ORDERED:

If extended oral argument is necessary, counsel must so advise the Court no later than
four (4) court days prior to the date set for hearing so that oral argument can be rescheduled.

Any motion or stipulation for continuance must be filed with the Court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/17/2015

Docket Code 019
Form V000A
Page 3

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.

NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the schedule hearing.

The Court is inclined to believe that the attorney/client privilege continues to apply to any
meetings attended by Mr. Lew with Plaintiff and Plaintiff’s counsel. It also appears that Plaintiff
has no objection to the deposition going forward regarding matters relating to the “facts and
circumstances surrounding his attempted purchase of the properties at issue in this litigation”. At
the oral argument, the Court will consider Defendant’s waiver argument and, if necessary,
establish parameters for the planned deposition. Further, if the parties believe they can resolve
this issue through use of the stipulated order relating to confidential and privileged information,
they should do so and advise the Court so that the oral argument may be vacated.

Next, the Court has considered Defendants Dennis Kolodin, Steve Denning, Jim Ehinger
and Emery Jensen’s Motion to Dismiss Counts 10, 11 and 12 of Plaintiff Tapestry on Central
LLC’s Second Amended Complaint (Oral Argument Requested) along with Plaintiff’s Response
and the Defendant’s Reply (which notes that Defendant Kolodin is no longer active in the
proceedings due to a Chapter 11 bankruptcy).

With regard to Count 10,

THE COURT FINDS that the allegations in the Second Amended Complaint are
adequate for purposes of surviving a Motion to Dismiss and that the deficiencies noted may be
addressed through disclosure and/or discovery.

IT IS ORDERED denying Defendant’s Motion to Dismiss Count 10 without prejudice
to a subsequent filing of a Motion for Summary Judgment on the same issue.

Regarding Count 11,

THE COURT FINDS that Defendant has failed to address the arguments raised in
Defendant’s Motion to Dismiss and that as a matter of law Plaintiffs cannot sustain a cause of
action against the individual board members for a violation of A.R.S. §33-420.

IT IS ORDERED dismissing Count 11 as it relates to the individual board members.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/17/2015

Docket Code 019
Form V000A
Page 4

Regarding Count 12,

THE COURT FINDS that as a matter of law and relying on the authority cited by
Defendant, that the board members and the HOA do not owe a “fiduciary duty” to Plaintiffs.

IT IS ORDERED dismissing the breach of fiduciary allegation raised in Plaintiff’s 12th
claim for relief.

IT IS FURTHER ORDERED denying the request for oral argument.

Finally, regarding this matter and based on the Court’s review of the Motions pending at
the time of the reassignment and the entire docket of proceedings including the prior stipulations
and orders dismissing parties and various claims,

IT IS ORDERED that the remaining parties submit a Joint Status Memorandum to the
Court no later than three (3) court days prior to the above scheduled Oral Argument that contains
a brief summary of the claims, counterclaims and/or cross-claims that remain pending against the
remaining parties. With this information, the Court intends to amend the caption of the litigation
and, if necessary, the endorsement list. Further, at the argument noted above, the parties should
be prepared to discuss the setting of a further telephonic Trial setting conference. Alternatively,
if the parties contemplate a completion of expert depositions and the completion of discovery on
the dates currently set forth in the order filed May 19, 2015, a trial date can be set at the Oral
Argument.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/01/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/28/2017

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
KEVIN P NELSON

MICHAEL A WRAPP
ROBERT G ANDERSON
ANDREW B TURK
JACOB REICH

TELEPHONIC STATUS CONFERENCE SET

The Court has received and reviewed Plaintiff’s Motion to Extend Pretrial Deadlines.
Based on Defendant’s counsel’s request for a telephonic conference,

IT IS ORDERED setting a Telephonic Status Conference re: Plaintiff’s Motion to
Extend Pretrial Deadlines on August 2, 2017 at 10:00 a.m. (30 minutes allotted) in this
Division.

NOTE: 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 at (602) 506-6251 promptly at the scheduled time.

NOTE: All court proceedings are recorded digitally and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/29/2016

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
H. Bell

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MINUTE ENTRY

Courtroom 207-SEF

1:40 p.m. This is the time set for a Status Conference to set trial. Plaintiff is represented
by counsel, Ryan H, Lorenz. Defendants are represented by counsel, Kevin P. Nelson and Mike
Rogers. All parties appear telephonically.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding case status.

IT IS ORDERED vacating today’s status conference and resetting it to October 3, 2016
at 9:15 a.m. before:

HONORABLE DAVID TALAMANTE
SUPERIOR COURT OF ARIZONA
SOUTHEAST COURTHOUSE
COURTROOM 207
222 E. JAVELINA
MESA, AZ 85210

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

07/29/2016

Docket Code 003
Form V000A
Page 2

LET THE RECORD REFLECT the Court received Plaintiff’s Motion for Clarification;
Motion for Reconsideration; Motion for New Trial Re: Defendants’ Motion for Partial Summary
Judgment Re: Fifth Claim for Relief Re: Breach of Contract today. Therefore,

IT IS FURTHER ORDERED Defendants shall not file a response to Plaintiff’s Motion
for Clarification and Motion for Reconsideration unless the Court orders to do so.

IT IS FURTHER ORDERED Defendants response to Plaintiff’s Motion for New Trial
Re: Defendants’ Motion for Partial Summary Judgment Re: Fifth Claim for Relief Re: Breach of
Contract is stayed until further Court order.

IT IS FURTHER ORDERED Plaintiff shall contact the court reporter for transcripts of
witness interviews performed by Plaintiff’s counsel.

IT IS FURTHER ORDERED Plaintiff is responsible for the costs of said transcripts.

NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.

1:55 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/05/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/01/2014

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
KIRK H HAYS
MITCHELL J RESNICK

MINUTE ENTRY

The Court has received and reviewed the parties’ Stipulation for Extension of Time for
Plaintiffs’ to Reply to Defendant Tapestry on Central Condominium Association’s Counterclaim
in this case.

IT IS ORDERED accepting the Stipulation electronically filed on July 17, 2014, all in
accordance with the formal written Order signed by the Court on July 23, 2014 and entered
(filed) by the clerk on August 1, 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.

FILED: Order Granting Extension of Time for Plaintiffs’ to Reply to Defendant Tapestry on
Central Condominium Association’s Counterclaim, signed 7/23/14

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/04/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/02/2017

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
KEVIN P NELSON

MICHAEL A WRAPP
CHRISTOPHER T CURRAN
CITS - OTHER

MINUTE ENTRY

Courtroom 207 – SEF

10:18 a.m. This is the time set for Telephonic Status Conference re: Plaintiff’s Motion to
Extend Pretrial Deadlines. Counsel, Ryan J. Lorenz and Christopher T. Curran, appear
telephonically on behalf of Plaintiff. Counsel, Kevin P. Nelson, appears telephonically on behalf
of Defendant.

A record of the proceedings is made digitally in lieu of a court reporter.

The Court has reviewed the case file and the pleadings filed by the parties.

Discussion is held regarding counsel’s exchange of exhibits and the Witness Information
Form.

Based on the Court’s discussion with counsel,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/02/2017

Docket Code 029
Form V000A
Page 2

IT IS ORDERED that Plaintiff’s Motion to Extend Pretrial Deadlines is moot.

IT IS FURTHER ORDERED allowing counsel until noon on August 10, 2017 to file
the Joint Pretrial Statement.

The Court having been advised that the managing member of Plaintiff (Yair Ben Moshe)
requires the assistance of a Hebrew interpreter,

IT IS ORDERED referring this matter to Court Interpretation and Translation Services
(CITS) for the appointment of a Hebrew interpreter for Plaintiff’s managing member for the Jury
Trial scheduled to begin on August 21, 2017 at 9:30 a.m. The Court Interpreter should confer
with Plaintiff’s counsel regarding the specific dates for the interpretation services.

At the request of counsel,

IT IS ORDERED extending the time allotted for the Trial Management Conference on
August 11, 2017 at 9:00 a.m. to 45 minutes. The Conference will be conducted in person.

IT IS ORDERED affirming the Jury Trial set for August 21, 2017 at 9:30 a.m. (8 days
allotted).

10:32 a.m. Conference concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/08/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/06/2014

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
KIRK H HAYS
MITCHELL J RESNICK

MINUTE ENTRY

The Court has received and reviewed the parties’ Stipulation for Extension of Time for
Plaintiffs’ to Reply to Defendant Tapestry on Central Condominium Association’s Counterclaim
in this case.

IT IS ORDERED accepting the Stipulation electronically filed on August 4, 2014, all in
accordance with the formal written Order signed by the Court on August 6, 2014 and entered
(filed) by the clerk on August 6, 2014.

IT IS FURTHER ORDERED extending the deadline for Plaintiffs to Reply to
Defendant Tapestry on Central Condominium’s Counterclaim until close of business on August
8, 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/06/2014

Docket Code 022
Form V000A
Page 2

FILED: Order Granting Extension of Time for Plaintiffs’ to Reply to Defendant Tapestry on
Central Condominium Association’s Counterclaim, signed 8/6/14

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/12/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/10/2015

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

MINUTE ENTRY

Courtroom 207 – SEA

9:55 a.m. This is the time set for Oral Argument re: Plaintiff’s Motion for Protective
Order. Counsel, Aaron M. Finter, is present on behalf of Plaintiff. Counsel, Kevin P. Nelson, is
present on behalf of Defendants.

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

The Court has reviewed the case file and the pleadings filed by the parties.

Oral argument is presented.

For the reasons expressed on the record,

IT IS ORDERED that Plaintiff’s Motion for Protective Order is granted in part.
Defendants are prohibited from inquiring into any communications with the witness that
involved Plaintiff’s counsel. Defendants are permitted to explore the scope of the agency and the
witness’ intent to purchase the commercial property. To the extent that Plaintiff designates as
privileged any written communication of any sort involving the witness, the communication is to
be turned over to the Court for an in-camera inspection.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/10/2015

Docket Code 094
Form V000A
Page 2

IT IS ORDERED overruling the objection relating to the attorney/client privilege
without prejudice.

Pursuant to the stipulation of counsel,

IT IS ORDERED extending the deadline for the deposition of lay and expert witnesses
to September 30, 2015.

IT IS ORDERED that Plaintiff’s counsel is to provide notice to defense counsel of the
time the agency began and ended prior to the deposition of Uzrad Lew.

IT IS ORDERED setting Oral Argument re: Defendant Tapestry on Central Condominium
Association’s Motion to Quash Subpoena Issued on Rossmar & Graham by Tapestry on Central,
LLC on September 11, 2015 at 2:30 p.m. (allotted time: 45 minutes) before:

HONORABLE DAVID TALAMANTE
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 207
MESA AZ 85210

IT IS FURTHER ORDERED:

If extended oral argument is necessary, counsel must so advise the Court no later than
four (4) court days prior to the date set for hearing so that oral argument can be rescheduled.

Any motion or stipulation for continuance must be filed with the Court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.

NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the schedule hearing.

10:28 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/17/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/11/2017

Docket Code 027
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL A WRAPP
CHRISTOPHER T CURRAN
CITS - OTHER

MINUTE ENTRY

Courtroom 207 – SEF

9:04 a.m. This is the time set for Trial Management Conference. Counsel, Ryan J.
Lorenz and Christopher T. Curran, are present on behalf of Plaintiff. Counsel, Kevin P. Nelson
and Michael A. Wrapp, are present on behalf of Defendant.

A record of the proceedings is made digitally in lieu of a court reporter.

The Court has reviewed the case file and the pleadings filed by the parties.

The Court has reviewed the Joint Pretrial Statement filed on August 10, 2017. The Rule
of Exclusion of Witnesses has been invoked. There will be a panel of 10 jurors with 2 alternates
and 6 of 8 jurors required for the verdict. Each side will presumptively be allowed 5 peremptory
strikes. A court reporter will be present at trial. The cost of the court reporter will be split by the
parties. The Court will draft a statement of the case from both parties’ proposals and include the
language in this Minute Entry.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/11/2017

Docket Code 027
Form V000A
Page 2

The Court has considered the parties’ proposed jury instructions and proposed voir dire
questions. Plaintiff’s proposed questions 14 and 21 are precluded. Defendant’s proposed
question 19 is allowed with the exception of the word “frivolous”, which is stricken.

The Court has received and reviewed the following Motions in Limine along with the
Responses and/or Objections thereto:

 Plaintiff’s Second Motion in Limine Re Cynthia Futter Testimony;
 Plaintiff’s Third Motion in Limine Regarding Closed Session of the Association’s
Board Meetings;
 Defendant’s Second Motion in Limine to Preclude Cynthia Futter’s Testimony at
Trial;
 Defendant’s Third Motion in Limine to Preclude Evidence and Testimony
Concerning Alleged Oral Agreement and Parking at Trial;
 Defendant’s Fourth Motion in Limine to Preclude Evidence and Testimony
Related to the Duty to Make Necessary Improvements;
 Defendant’s Fifth Motion in Limine to Introduce Examination Under Oath of
Joanne Carras at Trial;
 Defendant’s Sixth Motion in Limine Regarding Executive Session and Committee
Minutes;
 Defendant’s Seventh Motion in Limine to Preclude Evidence Concerning Prior
Settlement Communications;
 Defendant’s Eighth Motion in Limine to Introduce Testimony by Andrew Karic;
and
 Defendant’s Ninth Motion in Limine to Preclude Robert Frisbee’s Testimony at
Trial.

For reasons expressed on the record,

IT IS ORDERED affirming that Plaintiff’s First Motion in Limine Re Breach of
Contract Evidence is denied.

IT IS ORDERED that Plaintiff’s Second Motion in Limine Re Cynthia Futter Testimony
is denied.

With regard to Plaintiff’s Third Motion in Limine Regarding Closed Session of the
Association’s Board Meetings, counsel shall confer and notify the Court the morning of Trial if
the issue still exists.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/11/2017

Docket Code 027
Form V000A
Page 3

IT IS ORDERED that Defendant’s Second Motion in Limine to Preclude Cynthia
Futter’s Testimony at Trial is moot based on the Court’s ruling on Plaintiff’s Second Motion in
Limine.

IT IS ORDERED that Defendant’s Third Motion in Limine to Preclude Evidence and
Testimony Concerning Alleged Oral Agreement and Parking at Trial is granted.

IT IS ORDERED that Defendant’s Fourth Motion in Limine to Preclude Evidence and
Testimony Related to the Duty to Make Necessary Improvements is denied. To the extent the
evidence is submitted, a proper instruction can be given to the jury at the end of trial.

IT IS ORDERED that Defendant’s Fifth Motion in Limine to Introduce Examination
Under Oath of Joanne Carras at Trial is denied.

With regard to Defendant’s Sixth Motion in Limine Regarding Executive Session and
Committee Minutes, counsel shall confer and notify the Court the morning of Trial if the issue
still exists.

IT IS ORDERED that Defendant’s Seventh Motion in Limine to Preclude Evidence
Concerning Prior Settlement Communications is taken under advisement.

IT IS ORDERED that Defendant’s Eighth Motion in Limine to Introduce Testimony by
Andrew Karic is granted such that Mr. Karic can testify as a factual witness and his deposition
can be used for impeachment, if necessary.

IT IS ORDERED that Defendant’s Ninth Motion in Limine to Preclude Robert Frisbee’s
Testimony at Trial is granted.

IT IS ORDERED affirming the Jury Trial set for August 21, 2017 at 9:30 a.m. (8 days
allotted).

IT IS FURTHER ORDERED affirming that a Hebrew interpreter is required during the
trial assist Plaintiff’s managing member (Yair Ben Moshe).

10:04 a.m. Conference concludes.

LATER:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/11/2017

Docket Code 027
Form V000A
Page 4

Unless a stipulation is otherwise accepted by the Court, the following statement of the
case will be read to the jury:

This is a civil action arising out of alleged breaches of recorded Covenants,
Conditions & Restrictions, breach of contract, breaches of the implied covenant of good
faith and fair dealing, brought by Plaintiff, a commercial condominium owner, Tapestry
on Central, LLC against the condominium association, Defendant, Tapestry on Central
Condominium Association. The Condominium Association has asserted a counterclaim
against the Plaintiff alleging that Plaintiff breached the same Covenants, Conditions &
Restrictions. Both sides deny liability to one another on these claims.

The Plaintiff alleges that the Defendant breached the CC&R’s by failing to repair,
maintain and make necessary improvements to common elements serving the retail units.

The Defendant alleges that the Plaintiff has failed to pay assessments since 2007
on 4 of the 11 retail units. Plaintiff claims that payment of the assessments is excused.

After a further review of Defendant’s Seventh Motion in Limine and Plaintiff’s
Response,

IT IS ORDERED granting Defendant’s Seventh Motion in Limine.

After a further review of the Joint Pretrial Statement, the docket, the Minute Entry of
November 18, 2016 and the rulings on the Motions in Limine;

THE COURT FINDS that Plaintiff’s fifth claim for relief is not at issue for trial.

IT IS FURTHER ORDERED affirming the granting of summary judgment in
Defendant’s favor on Plaintiff’s fifth claim for relief (Breach of Oral Contract).

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/24/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/20/2015

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

MINUTE ENTRY

Courtroom 207 – SEA

11:44 a.m. This is the time set for Telephonic Conference re: deposition issue. Counsel,
Aaron M. Finter, appears telephonically on behalf of Plaintiff. Counsel, Kevin P. Nelson,
appears telephonically on behalf of Defendants. California counsel, Steven Drain and Jacob
Reich, also appear telephonically.

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

Due to hearing difficulties of counsel, the Court terminates the speakerphone
conversation with counsel and utilizes the handset to continue its discussion. The record of the
proceeding continues via FTR.

Counsel address the Court relating to the deposition questions and counsels’ objections.

The Court notes the Court’s minute entry Order dated August 10, 2015 wherein the Court
dealt with the parameters of the possible privileged communications that the deponent was
involved in with the Plaintiff and Plaintiff’s counsel.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/20/2015

Docket Code 029
Form V000A
Page 2

To the extent that the Court and counsel identified the parameters of those issues for the
deposition, there was never an intent or order that limited the subject of deposition otherwise
permitted by the Rules of Civil Procedure. If a question is otherwise allowed at a deposition,
there are no limits in the Court’s minute entry Order except that counsel cannot inquire into the
issues that were privileged at a point in time.

IT IS ORDERED affirming the Court’s minute entry Order dated August 10, 2015.

11:56 a.m. Conference concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/24/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/21/2017

Docket Code 012
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL A WRAPP
CHRISTOPHER T CURRAN

TRIAL
DAY ONE

Prior to the commencement of today’s proceeding, Plaintiff’s exhibits 1 -169 and
Defendants’ exhibits 170 – 526 are marked for identification.

Courtroom 207 – SEF

9:28 a.m. This is the time set for Jury Trial. Counsel, Ryan J. Lorenz and Christopher T.
Curran, are present on behalf of Plaintiff (managing member, Yair Ben Moshe, is present) .
Counsel, Kevin P. Nelson and Michael A. Wrapp, are present on behalf of Defendants (Emery
Jensen is also present). The prospective jurors are not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

The Court has received and reviewed Plaintiff’s Motion to Continue Trial.

Counsel for Defendants states his objections to the Motion to Continue.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/21/2017

Docket Code 012
Form V000A
Page 2

For reasons expressed on the record,

IT IS ORDERED denying Plaintiff’s Motion to Continue Trial.

The Court suggests that counsel confer and use their best efforts in the next two weeks to
depose Yair Ben Moshe with the assistance of an outside interpreter for purposes of trial
testimony.

9:45 a.m. Court stands at recess.

10:06 a.m. Court reconvenes with the parties and respective counsel present. The
prospective jurors are not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Counsel for Defendants raises an issue relating to the inclusion of tortious interference in
the statement of the case to be read to the jury. Counsel for Plaintiff addresses the Court
regarding the statement.

The Court declines to modify the statement of the case contained in the Preliminary Jury
Instructions.

FILED: Deposition of William Acorn dated December 16, 2015;

Deposition of Eric Alden dated March 30, 2016;

Deposition of Uzrad Lew dated August 20, 2015;

Deposition of Andrew Karic dated December 23, 2015;

Deposition of David Maimon dated June 23, 2015;

Videotaped Deposition of Yair Ben-Moshe dated June 18, 2015 (Volume I);

Deposition of Yair Ben-Moshe dated November 12, 2015 (Volume II); and

Deposition of Yair Ben-Moshe dated November 24, 2015 (Volume III)

10:13 a.m. Court stands at recess.

10:33 a.m. Court reconvenes with the parties and respective counsel present. The
prospective jurors are present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/21/2017

Docket Code 012
Form V000A
Page 3

A statement of the case is read to the jury.

Voir dire examination of prospective jurors.

12:11 p.m. The prospective jurors are excused from the courtroom. Court remains in
session.

Strikes for cause and hardship for jurors are discussed. Juror number 2, 6, 10, 14, 18, 19,
21, 25, 27, 30, 31, 32, 36 and 40 are struck for hardship.

12:16 p.m. Court stands at recess.

12:39 p.m. Court reconvenes with the parties and respective counsel present. The
prospective jurors are present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Voir dire examination of prospective jurors resumes.

1:11 p.m. The prospective jurors are excused from the courtroom. Court remains in
session.

LET THE RECORD REFLECT juror number 4 is present in the courtroom outside the
presence of the other prospective jurors. Juror number 4 provides further explanation regarding
previous questions asked.

Strikes for cause and hardship for jurors are discussed. Juror number 3, 17, 23, 26, 29
and 33 are struck for hardship. Juror number 35 is struck for cause. Each party will be allowed
5 peremptory strikes.

Plaintiff’s motion to strike juror number 4 is denied.

Counsel pass the panel.

1:23 p.m. Court stands at recess.

1:25 p.m. Court reconvenes with the parties and respective counsel present. The
prospective jurors are not present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/21/2017

Docket Code 012
Form V000A
Page 4

LET THE RECORD REFLECT juror number 16 advised the Court’s Judicial Assistant
during a prior recess of her difficulty to serve on this jury for employment reasons. Counsel
stipulate to the excusal of juror number 16.

1:26 p.m. Court stands at recess.

2:06 p.m. Court reconvenes with the parties and respective counsel present. The
prospective jurors are present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Ten (10) persons are selected and sworn to act as trial jurors in this cause.

2:11 p.m. The jury is admonished and will reconvene at 3:15 p.m. Court remains in
session.

Discussion is held regarding procedural matters.

2:13 p.m. Court stands at recess.

3:23 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present in the courtroom.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

The Preliminary Instructions are read to the jury by the Court.

FILED: Preliminary Jury Instructions

Opening statements are presented.

4:50 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
The jury will reconvene at 9:30 a.m. on August 22, 2017. Court remains in session.

Counsel for Plaintiff addresses the Court relating to the deposition of Jeff Hall.

Counsel for Defendants state their objections to the deposition of Mr. Hall.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/21/2017

Docket Code 012
Form V000A
Page 5

For reasons expressed on the record, the deposition of Jeff Hall should be completed.
Counsel shall be prepared to address the relevancy of the deposition and its use during trial prior
to the resumption of trial on August 22, 2017. Counsel are to use their best efforts to confer
regarding the purpose of Mr. Hall’s deposition.

4:58 p.m. Court stands at recess until 9:30 a.m. on August 22, 2017.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/24/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/22/2017

Docket Code 012
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL A WRAPP
CHRISTOPHER T CURRAN

TRIAL
DAY TWO

Courtroom 207 – SEF

9:18 a.m. Trial to jury continues from August 21, 2017. Counsel, Ryan J. Lorenz and
Christopher T. Curran, appear on behalf of Plaintiff (managing member, Yair Ben Moshe, is
present). Counsel, Kevin P. Nelson and Michael A. Wrapp, appear on behalf of Defendants
(Emery Jensen is also present). The jury is not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

The Court has received and reviewed Plaintiff’s Motion to File Under Seal filed on
August 18, 2017, which seeks to file testimony and documents within the personal knowledge of
Cynthia Futter and Robert Frisbee.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/22/2017

Docket Code 012
Form V000A
Page 2

IT IS ORDERED allowing Plaintiff to incorporate by reference the documents already
attached to the Motion for Reconsideration, which was previously denied by the Court.
Plaintiff’s Motion to File Under Seal is denied.

The Court has also received and reviewed Plaintiff’s Fourth Motion in Limine Regarding
Expert Witnesses filed on August 18, 2017.

IT IS ORDERED that Plaintiff’s Fourth Motion in Limine Regarding Expert Witnesses
is granted in part. Defendants’ witness, Larry Ortega, is excluded as an expert witness.
Defendants’ witness, Landen Grote, may testify as a fact witness.

Discussion is held relating to a family emergency involving juror number 2.

Upon the agreement of counsel,

IT IS ORDERED that juror number 2 is excused from further service on the jury in this
matter.

Discussion is held regarding procedural matters.

9:46 a.m. Court stands at recess.

9:53 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Plaintiff’s case:

Dennis Kolodin is sworn and testifies.

Defendants’ exhibits 212, 236, 324 and 352 are received in evidence.

Plaintiff’s exhibits 5 and 6 are received in evidence.

11:11 a.m. The jury is reminded of previous admonitions and excused from the
courtroom. Court stands at recess.

11:35 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/22/2017

Docket Code 012
Form V000A
Page 3

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Dennis Kolodin resumes testimony for purposes of direct examination.

Plaintiff’s exhibit 10 is received in evidence.

12:27 p.m. The jury is reminded of previous admonitions and excused from the
courtroom. The jury will reconvene at 1:45 p.m. Court stands at recess.

1:50 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Dennis Kolodin resumes testimony for purposes of cross-examination.

Defendants’ exhibits 208, 224, 225, 228, 229, 232, 233, 234, 237-240, 246 and 300 are
received in evidence.

The witness is excused.

Andrew Karic is sworn and testifies.

2:50 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
Court stands at recess.

3:09 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Andrew Karic resumes testimony for purposes of direct examination.

Plaintiff’s exhibits 3 and 4 are received in evidence.

Plaintiff’s exhibit 167 is offered but not received in evidence.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/22/2017

Docket Code 012
Form V000A
Page 4

The witness is excused.

Howard Kunkle is sworn and testifies.

4:27 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
The jury will reconvene at 9:30 a.m. on August 23, 2017. Court remains in session.

Plaintiff’s exhibit 151 is received in evidence.

Discussion is held concerning issues relating to the testimony of Jim Ehinger.

4:37 p.m. Court stands at recess until 9:30 a.m. on August 23, 2017.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/25/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/23/2017

Docket Code 012
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL A WRAPP
CHRISTOPHER T CURRAN

TRIAL
DAY THREE

Courtroom 207 – SEF

9:26 a.m. Trial to jury continues from August 22, 2017. Counsel, Ryan J. Lorenz and
Christopher T. Curran, appear on behalf of Plaintiff (managing member, Yair Ben Moshe, is
present). Counsel, Kevin P. Nelson and Michael A. Wrapp, appear on behalf of Defendants
(Emery Jensen is also present). The jury is not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Counsel for Plaintiff advises the Court that an agreement has not been reached regarding
the deposition of Jeff Hall.

Based on the argument of counsel and for reasons expressed on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/23/2017

Docket Code 012
Form V000A
Page 2

THE COURT FINDS that a deposition of Jeff Hall is not necessary. Plaintiff’s position
concerning the deposition of Jeff Hall is deemed a motion to extend the discovery time without
establishment of good cause. The Court finds insufficient cause to require Mr. Hall to participate
in a deposition. To the extent that Plaintiff can facilitate the appearance and testimony of the
witness, Mr. Hall may testify at trial in this matter.

9:52 a.m. Court stands at recess.

10:06 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Continuation of Plaintiff’s case:

Howard Kunkle, previously sworn on August 22, 2017, now resumes testimony for
purposes of direct examination.

Plaintiff’s exhibits 168 and 169 are received in evidence.

Defendants’ exhibits 180-190 and 244 are received in evidence.

Discussion is held regarding questions posed by the jury. Two of the three questions are
asked and answered on the record by the witness.

FILED: jury questions

The witness is excused.

Emery Jensen is sworn and testifies.

12:02 p.m. The jury is reminded of previous admonitions and excused from the
courtroom. The jury will reconvene at 1:30 p.m. Court stands at recess.

1:32 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/23/2017

Docket Code 012
Form V000A
Page 3

Emery Jensen resumes testimony for purposes of direct examination.

Plaintiff’s exhibit 41 is received in evidence.

Defendants’ exhibit 425 is received in evidence.

IT IS ORDERED upon conclusion of this trial, Defendants’ exhibit 425 shall be sealed,
not to be opened without further Order of the Court.

3:07 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
Court stands at recess.

3:26 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Emery Jensen resumes testimony for purposes of cross-examination.

Defendants’ exhibits 197, 248, 254, 268, 305, 497, 506, 517-520 and 523 are received in
evidence.

4:33 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
The jury will reconvene at 9:30 a.m. on August 24, 2017. Court remains in session.

Discussion is held regarding procedural matters.

4:34 p.m. Court stands at recess until 9:30 a.m. on August 24, 2017.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/29/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/24/2017

Docket Code 012
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL A WRAPP
CHRISTOPHER T CURRAN

TRIAL
DAY FOUR

Courtroom 207 – SEF

9:21 a.m. Trial to jury continues from August 23, 2017. Counsel, Ryan J. Lorenz and
Christopher T. Curran, appear on behalf of Plaintiff (managing member, Yair Ben Moshe, is
present). Counsel, Kevin P. Nelson and Michael A. Wrapp, appear on behalf of Defendants
(Emery Jensen is also present). The jury is not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Notwithstanding the invocation of Rule 615, counsel for Defendants makes an oral
motion to allow his expert to review two transcripts of fact witnesses and the transcript of
Randall Clemson, who is scheduled to testify today.

Counsel for Plaintiff states his objections.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/24/2017

Docket Code 012
Form V000A
Page 2

IT IS ORDERED granting Defendants’ oral motion.

9:27 a.m. Court stands at recess.

9:35 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Continuation of Plaintiff’s case:

Randall Clemson is sworn and testifies.

The witness is excused.

10:46 a.m. The jury is reminded of previous admonitions and excused from the
courtroom. The jury will reconvene at 1:30 p.m. Court stands at recess.

11:08 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Emery Jensen, previously sworn on August 23, 2017, now resumes testimony.

Plaintiff’s exhibit 20 is received in evidence.

The witness is excused.

11:54 a.m. The jury is reminded of previous admonitions and excused from the
courtroom. The jury will reconvene at 1:30 p.m. Court stands at recess.

11:58 a.m. Court reconvenes with the parties and respective counsel present. The jury is
not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/24/2017

Docket Code 012
Form V000A
Page 3

Argument is presented on Plaintiff’s Fifth Motion in Limine Regarding Tom Johnston
filed on August 24, 2017.

For reasons expressed on the record,

IT IS ORDERED denying Plaintiff’s Fifth Motion in Limine Regarding Tom Johnston.

Discussion is held regarding the order of the remaining witnesses. Plaintiff shall let
Defendants definitively know what witnesses they intend to call for the second week of trial.

Further discussion is held regarding managing member of Plaintiff, Yair Ben Moshe’s,
request for a court interpreter to assist with his trial testimony. Counsel advise the Court that a
court contracted interpreter will be available for the second week of trial.

12:17 p.m. Court stands at recess.

1:39 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Julia Brown is sworn and testifies out of order.

Defendants’ exhibits 241, 261 and 274 are received in evidence.

The witness is excused.

2:36 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
The jury will reconvene at 9:30 a.m. on August 28, 2017. Court remains in session.

Discussion is held regarding procedural matters.

2:37 p.m. Court stands at recess until 9:30 a.m. on August 28, 2017.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/30/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/26/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
T. Galindo

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

D&C MATERIALS-CSC

MINUTE ENTRY

The Court has received and reviewed the parties’ e-filed Joint Motion to Seal Plaintiff’s
Motion for Clarification; Motion for Reconsideration; Motion for New Trial Re: Defendants’
Motion for Partial Summary Judgment Re: Fifth Claim for Relief Re: Breach of Contract that
was filed July 29, 2016.

IT IS ORDERED granting the Joint Motion.

IT IS FURTHER ORDERED directing the Clerk of Court to seal Joint Motion to Seal
Plaintiff’s Motion for Clarification; Motion for Reconsideration; Motion for New Trial Re:
Defendants’ Motion for Partial Summary Judgment Re: Fifth Claim for Relief Re: Breach of
Contract filed on July 29, 2016, not to be opened without further order of the Court.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/30/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/28/2017

Docket Code 012
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL A WRAPP
CHRISTOPHER T CURRAN

TRIAL
DAY FIVE

Courtroom 207 – SEF

9:38 a.m. Trial to jury continues from August 24, 2017. Counsel, Ryan J. Lorenz,
appears on behalf of Plaintiff. Counsel, Kevin P. Nelson and Michael A. Wrapp, appear on
behalf of Defendants (Emery Jensen is also present). The jury is not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Discussion is held regarding the deposition designations.

Counsel for Plaintiff raises a concern relating to a question posed by the jury for witness
Howard Kunkle relating to allocation of the parking spaces. Counsel should include positions
regarding the parking spaces in their closing arguments to the jury.

9:49 a.m. Court stands at recess.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/28/2017

Docket Code 012
Form V000A
Page 2

9:52 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Continuation of Plaintiff’s case:

James Ehinger is sworn and testifies.

LET THE RECORD REFLECT it is now 11:09 a.m., managing member of Plaintiff,
Yair Ben Moshe, is present in the courtroom.

Defendants’ exhibit 412 is received in evidence.

11:28 a.m. The jury is reminded of previous admonitions and excused from the
courtroom. Court stands at recess.

11:46 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

James Ehinger resumes testimony for purposes of re-direct examination.

The witness is excused.

12:21 p.m. The jury is reminded of previous admonitions and excused from the
courtroom. The jury will reconvene at 1:45 p.m. Court remains in session.

The Court notes Defendants’ Notice of Filing California Petition to Stay Deposition of
Jeffrey Hall and to Quash Notice of Deposition and Subpoena filed on August 24, 2017.

12:22 p.m. Court stands at recess.

1:47 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/28/2017

Docket Code 012
Form V000A
Page 3

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

William Acorn is sworn and testifies.

2:43 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
Court remains in session.

Procedural matters concerning testimony of the witnesses and use of the exhibits are
discussed.

2:52 p.m. Court stands at recess.

3:09 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

William Acorn resumes testimony for purposes of cross-examination.

Discussion is held regarding questions posed by the jury. The questions are asked and
answered on the record by the witness.

FILED: jury questions

The witness is excused.

3:38 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
Court stands at recess.

4:17 p.m. Court reconvenes with the parties and respective counsel present. The jury is
not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

LET THE RECORD REFLECT based on the time remaining for trial today, the jury is
excused and will reconvene at 9:30 a.m. on August 29, 2017.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/28/2017

Docket Code 012
Form V000A
Page 4

Discussion is held regarding disputed deposition designations.

LET THE RECORD REFLECT the designations are settled and will be read to the jury
as indicated on the record.

Discussion is held regarding procedural matters relating to the outside interpreter.
Counsel for Plaintiff may prepare a statement and present the same to Mr. Nelson and the Court
for review concerning Mr. Ben Moshe’s use of an interpreter during his testimony.

4:58 p.m. Court stands at recess until 9:30 a.m. on August 29, 2017.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/01/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/29/2017

Docket Code 012
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL A WRAPP
CHRISTOPHER T CURRAN

TRIAL
DAY SIX

Courtroom 207 – SEF

9:30 a.m. Trial to jury continues from August 28, 2017. Counsel, Ryan J. Lorenz and
Christopher T. Curran, appear on behalf of Plaintiff (managing member of Plaintiff, Yair Ben
Moshe, is present). Counsel, Kevin P. Nelson and Michael A. Wrapp, appear on behalf of
Defendants (Emery Jensen is also present). The jury is not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Discussion is held regarding Mr. Ben Moshe’s use of an interpreter during his testimony.
An instruction will be given to the jury as agreed by counsel and indicated on the record.

Further discussion is held regarding the question posed by the jury for witness Howard
Kunkle relating to allocation of the parking spaces.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/29/2017

Docket Code 012
Form V000A
Page 2

9:42 a.m. Court stands at recess.

9:48 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present. Court Interpreter, Anna Kron, is present assisting Yair Ben Moshe in the Hebrew
language.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

LET THE RECORD REFLECT the following instruction is given to the jury regarding
Mr. Ben Moshe’s use of an interpreter during his testimony:

 Mr. Ben Moshe reads and writes and understands the English language.
However, while under oath, Mr. Ben Moshe has requested, and the Court has
approved, his use of an interpreter to translate the questions posed and the
answers given.

LET THE RECORD REFLECT Court Interpreter, Anna Kron, is administered the
outside interpreter’s oath and sworn in by this Court’s Clerk.

Continuation of Plaintiff’s case:

Yair Ben Moshe is sworn and testifies.

Plaintiff’s exhibits 13-19 are received in evidence.

Plaintiff’s exhibit 11 is offered but not received in evidence.

Defendants’ exhibits 287, 296, 326, 327 and 331 are received in evidence.

11:00 a.m. The jury is reminded of previous admonitions and excused from the
courtroom. Court stands at recess.

11:19 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Yair Ben Moshe resumes testimony for purposes of direct examination.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/29/2017

Docket Code 012
Form V000A
Page 3

Defendant s’ exhibit 271 is offered but not received in evidence.

Plaintiff’s exhibit 12 is received in evidence.

12:28 p.m. The jury is reminded of previous admonitions and excused from the
courtroom. The jury will reconvene at 2:00 p.m. Court remains in session.

Discussion is held concerning evidentiary issues.

12:29 p.m. Court stands at recess.

2:07 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present. Court Interpreter, Anna Kron, is present assisting Yair Ben Moshe in the Hebrew
language.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Yair Ben Moshe resumes testimony for purposes of direct examination.

Plaintiff’s exhibits 113 and 163 are offered but not received in evidence.

Defendants’ exhibits 247 and 257 are received in evidence.

3:17 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
Court stands at recess.

3:40 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Yair Ben Moshe resumes testimony for purposes of cross-examination.

Defendants’ exhibits 346, 353 and 399 are received in evidence.

The witness is excused.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/29/2017

Docket Code 012
Form V000A
Page 4

4:16 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
The jury will reconvene at 9:30 a.m. on August 30, 2017. Court remains in session.

Discussion is held concerning procedural matters and evidentiary issues.

4:18 p.m. Court stands at recess until 9:30 a.m. on August 30, 2017.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/06/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/30/2017

Docket Code 012
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

TRIAL
DAY SEVEN

Courtroom 207 – SEF

9:07 a.m. Trial to jury continues from August 29, 2017. Counsel, Ryan J. Lorenz and
Christopher T. Curran, appear on behalf of Plaintiff. Counsel, Kevin P. Nelson and Michael A.
Wrapp, appear on behalf of Defendants (Emery Jensen is also present). The jury is not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Counsel for Plaintiff makes an offer of proof regarding witnesses, Cynthia Futter, Robert
Frisbie and Jeffrey Hall.

Plaintiff’s exhibits 1, 2 and 8 are received in evidence.

With regard to Plaintiff’s offer of exhibit 11, the Court’s prior ruling is affirmed.
Defendants’ objection is sustained.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/30/2017

Docket Code 012
Form V000A
Page 2

With regard to the offer of proof concerning Cynthia Futter and Robert Frisbie, to the
extent it is consistent with matters filed or attached to prior memoranda, the Court accepts the
offer of proof.

With regard to the offer of proof concerning Jeffrey Hall, counsel for Plaintiff previously
indicated that he did not know what Mr. Hall would say in his deposition or during trial. The
Court finds that the offer is not appropriate under Rule 103. Therefore, the Court rejects the
offer of proof.

IT IS ORDERED directing this Court’s Clerk to seal the exhibits offered as proof by
Plaintiff. Accordingly, Plaintiff’s exhibits 100, 101, 102, 105-114, 119, 120, 124-127, 131, 133-
138, 142 and 143 are sealed, not to be opened without further order of the Court.

With regard to the Court’s authorization to allow Mr. Ben Moshe to use an outside
interpreter, to preserve Title VI issues,

THE COURT FINDS that Plaintiff’s request for a court interpreter was untimely. Mr.
Ben Moshe appears to be a licensed real estate agent in California. Mr. Ben Moshe does read,
write and understand English. The Court approved Mr. Ben Moshe’s request for an interpreter to
facilitate his testimony during trial.

Counsel for Defendants makes a motion for directed verdict regarding tortious
interference, breach of contract, construction defects, the towing issue, and breach of fair
dealing.

Counsel present argument to the Court.

For the reasons expressed on the record,

IT IS ORDERED granting Defendants’ motion for directed verdict as it relates to
tortious interference.

IT IS FURTHER ORDERED denying the motion for directed verdict as it relates to the
parking spaces (breach of contract) without prejudice to the filing of a motion to re-urge after
reading of the jury’s verdict regarding whether or not the claim is precluded as a matter of law.

IT IS FURTHER ORDERED denying the motion for directed verdict as it relates to the
construction defects.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/30/2017

Docket Code 012
Form V000A
Page 3

IT IS FURTHER ORDERED denying the motion for directed verdict as it relates to the
towing issue. The Court finds that there is an insufficient factual basis to support a claim for
breach of the CC&R’s or any claim for damages for a failure to tow. Additionally,

IT IS ORDERED denying the motion for directed verdict as it relates to breach of fair
dealing.

10:07 a.m. Court stands at recess.

10:15 a.m. Court reconvenes with the parties and respective counsel present. Managing
member of Plaintiff, Yair Ben Moshe, is now present. The jury is present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Plaintiff rests.

Defendants’ case:

Landon Grote is sworn and testifies.

Defendants’ exhibits 392, 400 and 457 are received in evidence.

Discussion is held regarding questions posed by the jury. Two of the three questions are
asked and answered on the record by the witness.

FILED: jury questions

The witness is excused.

Tom Johnston is sworn and testifies.

11:48 a.m. The jury is reminded of previous admonitions and excused from the
courtroom. Court stands at recess.

12:05 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/30/2017

Docket Code 012
Form V000A
Page 4

Tom Johnston resumes testimony for purposes of cross-examination.

Discussion is held regarding questions posed by the jury. The questions are asked and
answered on the record by the witness.

FILED: jury questions

The witness is excused.

12:38 p.m. The jury is reminded of previous admonitions and excused from the
courtroom. The jury will reconvene at 2:00 p.m. Court remains in session.

Discussion is held concerning procedural matters and remaining witnesses.

12:40 p.m. Court stands at recess.

2:04 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Ron Starling is sworn and testifies.

The witness is excused.

LET THE RECORD REFLECT Defendants’ witness, David Maimon, is not available
to testify. The Deposition of David Maimon, dated June 23, 2015, is read on the record.

David Schwickerath is sworn and testifies.

3:32 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
Court remains in session.

Discussion is held regarding order of the remaining witnesses.

3:33 p.m. Court stands at recess.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/30/2017

Docket Code 012
Form V000A
Page 5

3:49 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

David Schwickerath resumes testimony for purposes of cross-examination.

Discussion is held regarding a question posed by the jury. The question is asked and
answered on the record by the witness.

FILED: jury questions

The witness is excused.

4:06 p.m. The jury is reminded of previous admonitions and excused from the courtroom.
The jury will reconvene at 10:00 a.m. on August 31, 2017. Court remains in session.

Discussion is held regarding Defendants’ remaining witness.

4:11 p.m. Court stands at recess until 10:00 a.m. on August 31, 2017.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/06/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/31/2017

Docket Code 012
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

TRIAL
DAY EIGHT

Courtroom 207 – SEF

9:47 a.m. Trial to jury continues from August 30, 2017. Counsel, Ryan J. Lorenz and
Christopher T. Curran, appear on behalf of Plaintiff (managing member of Plaintiff, Yair Ben
Moshe, is present). Counsel, Kevin P. Nelson and Michael A. Wrapp, appear on behalf of
Defendants (Emery Jensen is also present). The jury is not present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Discussion is held regarding final jury instructions and evidentiary issues.

10:06 a.m. Court stands at recess.

10:17 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/31/2017

Docket Code 012
Form V000A
Page 2

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Continuation of Defendants’ case:

Chris Gorman is sworn and testifies.

Discussion is held regarding a question posed by the jury. The question is asked and
answered on the record by the witness.

FILED: jury question

The witness is excused.

Defendants rest.

11:02 a.m. The jury is reminded of previous admonitions and excused from the
courtroom. Court remains in session.

Counsel for Plaintiff makes a motion for directed verdict relating to Defendants’
counterclaim.

Argument is presented.

IT IS ORDERED denying the Rule 50 motion as it relates to Defendants’ counterclaim.

11:10 a.m. Court stands at recess.

11:12 a.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

Plaintiff’s witness, Randall Clemson, is sworn and testifies for purposes of rebuttal.

The witness is excused.

Plaintiff and Defendants rest.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/31/2017

Docket Code 012
Form V000A
Page 3

Plaintiff’s exhibit 9 and Defendants’ exhibits 452 and 476 are received in evidence.

11:35 a.m. The jury is reminded of previous admonitions and excused from the
courtroom. The jury will reconvene at 1:30 p.m. Court remains in session.

Discussion is held regarding final jury instructions.

Instructions are settled and verdicts are prepared.

12:29 p.m. Court stands at recess.

1:41 p.m. Court reconvenes with the parties and respective counsel present. The jury is
present.

The jury is instructed by the Court as to the law applicable to this cause.

FILED: Final Jury Instructions

Closing arguments are presented.

The alternate juror is designated and excused from deliberations subject to recall.

4:02 p.m. The jury retires in charge of a sworn bailiff to consider their verdicts. Court
remains in session.

Counsel for Plaintiff raises a concern that an instruction was not given to the jury to
distinguish the forms of verdict.

The forms of verdict are affirmed.

4:03 p.m. Court stands at recess.

4:22 p.m. Court reconvenes with the parties and respective counsel present. The jury is
not present.

Discussion is held regarding a question posed by the jury during deliberations. An
answer to the question will be provided to the jury.

FILED: jury question

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

08/31/2017

Docket Code 012
Form V000A
Page 4

4:23 p.m. Court stands at recess.

5:30 p.m. The jury is excused by the Court until 8:30 a.m., September 1, 2017, at which
time deliberations will resume.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/06/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/01/2017

Docket Code 012
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

TRIAL
DAY NINE

8:35 a.m. Let the record reflect that the jury is all present in the jury room and resume
their deliberations from August 31, 2017.

LET THE RECORD REFLECT two questions are posed by the jury during
deliberations. Answers to the questions will be provided to the jury.

FILED: jury questions

Courtroom 207 – SEF

11:48 a.m. Court reconvenes. Counsel, Ryan J. Lorenz and Christopher T. Curran,
appear on behalf of Plaintiff. Counsel, Kevin P. Nelson and Michael A. Wrapp, appear on behalf
of Defendants.

Court Reporter, Scott Coniam, is present. The proceedings are audio recorded via FTR
for the Court’s use only.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/01/2017

Docket Code 012
Form V000A
Page 2

The jury is all present in the jury box and by their Foreperson return into Court their
verdicts, which are read and recorded by the Clerk and are as follows:

We, the Jury, duly empaneled and sworn in the above-entitled action, upon our oaths, do
find in favor of The Association on The Association Counterclaim. We find the full damages
caused by the Plaintiff are:

Principal
$132,635
Interest
$23,874
Penalties
$

$156,509

Total

and

We, the Jury, duly empaneled and sworn in the above-entitled action, upon our oaths, do
find in favor of TOC and against The Association on the following claims for relief:

 Breach of Contract

$________
 Breach of Implied Covenant
of Good Faith and Fair Dealing
$1, 190,400

We find that the full damages caused by the Defendants on the claims for relief is stated
next to each claim for relief. We find that the grand total of damages is $1, 190,400.

LET THE RECORD REFLECT the verdicts are not unanimous.

The jurors reply that this is their true verdict.

Counsel waive their right to poll the jury.

FILED: Verdicts and Jury List

The jury is thanked by the Court and excused from further consideration of this cause.

11:53 a.m. The jury is excused from the courtroom. Court remains in session.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/01/2017

Docket Code 012
Form V000A
Page 3

IT IS ORDERED directing counsel for Plaintiff to submit a final form of Order,
including Rule 54(c) language to the Court on or before September 20, 2017. The parties shall
also submit any Applications for Attorneys’ Fees and Costs on or before September 20, 2017.
The Court will rule on the matter without further argument.

11:59 a.m. Trial concludes.

LATER:

IT IS ORDERED assessing jury fees in the amount of $931.50 against Plaintiff and
$931.50 against Defendants, all in accordance with the formal written Judgment for Jury Fees
signed by the Court on September 1, 2017 and filed (entered) by the Clerk on September 1, 2017.

Pursuant to the Verdict entered, and there being no further need to retain the exhibits not
offered in evidence in the custody of the Clerk of Court,

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.

IT IS FURTHER ORDERED that counsel/party or written designee take immediate
possession of all exhibits referenced above.

Plaintiff’s exhibits 7, 21-40, 42-99, 103, 104, 115-118, 121-123, 128-130, 132, 139-141,
144-150, 152-162, 164-166 and Defendants’ exhibits 170-179, 191-196, 198-207, 209-211, 213-
223, 226, 227, 231, 235, 242, 243, 245, 249-253, 255, 256, 258-260, 262-267, 269, 270, 272,
273, 275-286, 288-295, 297-299, 301-304, 306-323, 325, 328-330, 332-345, 347-351, 354-391,
393-398, 401-411, 413-424, 426-451, 453-456, 458-475, 477-496, 498-505, 507-516, 521, 522,
and 524-526 are released.

ISSUED: Exhibit Release Forms

FILED: Trial/Hearing Worksheet and Judgment for Jury Fees

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/11/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/08/2015

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

MINUTE ENTRY

The Court has received and reviewed Defendant Tapestry on Central Condominium
Association’s Motion for Sanctions for Failure to Comply with the Court’s June 8, 2015 Order
along with the Response and Reply thereto.

IT IS ORDERED setting Oral Argument re: Defendant Tapestry on Central Condominium
Association’s Motion for Sanctions for Failure to Comply with the Court’s June 8, 2015 Order on
October 16, 2015 at 10:00 a.m. (allotted time: 30 minutes) before:

HONORABLE DAVID TALAMANTE
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 207
MESA AZ 85210

IT IS FURTHER ORDERED directing counsel to vacate the deposition of the 30(b)(6)
representative Ben Moshe.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/08/2015

Docket Code 094
Form V000A
Page 2

IT IS FURTHER ORDERED that a new date for the deposition will be set but does not
need to take place prior to the Oral Argument. If the parties disagree on a new hearing date, they
are directed to contact this Court’s Judicial Assistant and request a Telephonic Status Conference
to resolve the issue.

IT IS FURTHER ORDERED:

If extended oral argument is necessary, counsel must so advise the Court no later than
four (4) court days prior to the date set for hearing so that oral argument can be rescheduled.

Any motion or stipulation for continuance must be filed with the Court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.

NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the schedule hearing.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/09/2016

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

TELEPHONIC STATUS CONFERENCE RESET

Due to the Court’s unavailability,

IT IS ORDERED vacating the Telephonic Status Conference re: trial date set for
October 3, 2016 at 9:15 a.m. and resetting the same to October 6, 2016 at 11:00 a.m. (15
minutes allotted) in this Division.

NOTE: 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 at (602) 506-6251 promptly at the scheduled time.

The Court will set a firm trial date at this conference. Counsel are advised to have their
trial calendars with them.

NOTE: All court proceedings are recorded digitally and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/15/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/11/2015

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
S. McCoy/M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS
DOCKET-CIVIL-SE

MINUTE ENTRY

Courtroom 207 – SEA

2:36 p.m. This is the time set for Oral Argument re: Defendants’ Tapestry on Central
Condominium Association’s Motion to Quash Subpoena Issued on Rossmar & Graham by
Tapestry on Central, LLC. Counsel, Aaron M. Finter, is present on behalf of Plaintiff. Counsel,
Kevin P. Nelson, is present on behalf of Defendants.

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

The Court has reviewed the case file and the pleadings filed by the parties.

Oral Argument is presented.

For the reasons expressed on the record,

THE COURT FINDS that Defendants have standing to raise the issues regarding service
on Rossmar & Graham Community Management, LLC.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/11/2015

Docket Code 020
Form V000A
Page 2

IT IS ORDERED granting Defendants’ Tapestry on Central Condominium
Association’s Motion to Quash Subpoena Issued on Rossmar & Graham by Tapestry on Central,
LLC.

The Court is inclined that Counsel for Defendants notify Counsel for Plaintiff of a time
convenient to meet and confer regarding the documents disclosed to Plaintiff provided that
Defendants take reasonable steps to identify what documents have already been disclosed and
Plaintiff separates the privileged documents.

The Court is further inclined to find that the documents outlined in provision #3 of the
Motion to Quash have to be disclosed and are subject to a confidentiality agreement.

IT IS ORDERED denying the request for sanctions in the form of an award of attorneys’
fees without prejudice.

IT IS ORDERED directing Counsel to file a Joint Memorandum regarding any further
issues on or before September 23, 2015.

IT IS ORDERED taking this matter under advisement.

IT IS ORDERED affirming the Oral Argument re: Defendant Tapestry on Central
Condominium Association’s Motion for Sanctions for Failure to Comply with the Court’s
June 8, 2015 Order set on October 16, 2015 at 10:00 a.m. (allotted time: 30 minutes) in this
Division.

IT IS ORDERED affirming this Court’s Order that a new date for the deposition will be
set but does not need to take place prior to the Oral Argument. If the parties disagree on a new
hearing date, they are directed to contact this Court’s Judicial Assistant and request a Telephonic
Status Conference to resolve the issue.

NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the schedule hearing.

3:13 p.m. Matter concludes.

LATER:

On the Court’s own motion,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/11/2015

Docket Code 020
Form V000A
Page 3

IT IS ORDERED directing Docket Services to remove Tapestry Arizona Condos, LLC
and Tapestry 607, LLC as Plaintiffs in the Court’s iCIS.

Michael K. Jeanes, Clerk of Court

*** Filed ***

09/18/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/15/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

MINUTE ENTRY

Having considered Defendants’ Application for Award of Attorneys’ Fees and Costs
Pursuant to the Court’s July 17, 2015 Order along with Plaintiff’s Response and the Reply,

IT IS ORDERED granting costs in the amount of $18.00 and attorneys’ fees in the
amount of $3,737.00 to accrue interest at the rate of 4.25% from the date of this order until paid
in full.

IT IS FURTHER ORDERED that this minute entry is signed as the formal written
Order of this Court.

September 16, 2015

Date

/ s / HONORABLE DAVID M. TALAMANTE

JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/21/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/20/2017

Docket Code 021
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

NUNC PRO TUNC MINUTE ENTRY

A clerical error having occurred,

IT IS ORDERED nunc pro tunc correcting the Court’s Minute Entry dated August 30,
2017, page 3, to reflect the following:

IT IS FURTHER ORDERED granting the motion for directed verdict as it relates to
the towing issue. The Court finds that there is an insufficient factual basis to support a claim for
breach of the CC&R’s or any claim for damages for a failure to tow.

The balance of the Minute Entry is affirmed.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/28/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/27/2016

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

ORAL ARGUMENT SET

The Court has received and reviewed Defendant’s Motion in Limine along with
Plaintiff’s Response.

IT IS ORDERED setting Oral Argument re: Defendant’s Motion in Limine on October
6, 2016 at 11:00 a.m. (45 minutes allotted) to be heard along with the previously set
Telephonic Status Conference on that same date and time.

LET THE RECORD REFLECT this will be an in-person appearance.

NOTE: All court proceedings are recorded digitally and not by a court reporter.
Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding in which
a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must
submit a written request to the assigned judicial officer at least ten (10) judicial days in
advance of the hearing, and must pay the authorized fee to the Clerk of the Court at least
two (2) judicial days before the proceeding. The fee is $140 for a half-day and $280 for a
full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/03/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/30/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MINUTE ENTRY

In preparing for the currently scheduled oral argument on October 6, 2016, the Court
notes the still pending Plaintiff’s Motion for Clarification; Motion for Reconsideration, Motion
for New Trial Re: Defendant’s Motion for Partial Summary Judgment Re: Fifth Claim for Relief
Re: Breach of Contract dated July 29, 2016 and the Defendant’s “Response” to Plaintiff’s
“Motion to Extend”. This Response relates to Defendant’s Motion in Limine which is the
Motion scheduled for oral argument on October 6, 2016.

Initially, the Court assumed that no “reply” would be filed relating to the Motion in
Limine but that has been changed by the additional filings of these parties.

IT IS ORDERED vacating the Oral Argument re: Defendant’s Motion in Limine set for
October 6, 2016 at 11:00 a.m.

IT IS FURTHER ORDERED directing Defendant to file a response to Plaintiff’s
Motion for Clarification; Motion for Reconsideration, Motion for New Trial Re: Defendant’s
Motion for Partial Summary Judgment Re: Fifth Claim for Relief Re: Breach of Contract no later
than October 17, 2016. Defendant may file a reply on or before November 4, 2016.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

09/30/2016

Docket Code 023
Form V000A
Page 2

IT IS FURTHER ORDERED directing Plaintiff to file a “reply” in support its request
for relief under Rule 37(c)(2) on or before October 17, 2016.

After receipt of these memorandums, the Court will determine if further oral argument is
necessary on any of the pending motions.

IT IS FURTHER ORDERED directing the parties not to file any additional
motions/memoranda with the Court without being granted leave to do so with the exception of
the pleadings noted above.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/15/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

10/13/2015

Docket Code 095
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MICHAEL J ROGERS

ORAL ARGUMENT RESET

Due to the Court’s unavailability,

IT IS ORDERED vacating the Oral Argument re: Oral Argument re: Defendant
Tapestry on Central Condominium Association’s Motion for Sanctions for Failure to Comply
with the Court’s June 8, 2015 Order set for October 16, 2015 at 10:00 a.m. and resetting the
same to October 27, 2015 at 9:30 a.m. (30 minutes allotted).

NOTE: ALL COURT PROCEEDINGS ARE RECORDED BY AUDIO METHOD
AND NOT BY A COURT REPORTER. ANY PARTY MAY REQUEST THE
PRESENCE OF A COURT REPORTER BY CONTACTING THIS DIVISION THREE
(3) COURT BUSINESS DAYS BEFORE THE SCHEDULED HEARING.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/27/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

10/23/2015

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

UNDER ADVISEMENT RULING

Following up on the Court’s ruling of September 11, 2015 and the Court having also
considered the Joint Memorandum Regarding Pending Discovery Issues filed September 23,
2015,

IT IS ORDERED affirming the findings, orders and inclinations set forth in the Court’s
minute entry of September 11, 2015.

Regarding the still pending Plaintiff’s Motion for Leave to Depose Cynthia Futter, the
Court has again considered Plaintiff’s Motion along with the Response in Opposition and the
Motion for Sanctions filed by Defendants, Plaintiff’s Reply to its Motion for Leave to Depose
Cynthia Futter and Response to Defendants’ Motion for Sanctions and Defendants’ Reply in
Support of its Motion for Sanctions.

For the reasons set forth in Plaintiff’s Motion and Reply,

IT IS ORDERED granting the Motion for Leave to Depose Cynthia Futter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

10/23/2015

Docket Code 926
Form V000A
Page 2

IT IS FURTHER ORDERED directing the parties to cooperate in scheduling the
deposition of Cynthia Futter.

IT IS FURTHER ORDERED denying the request for oral argument.

IT IS FURTHER ORDERED denying both parties’ requests for attorneys’ fees.

IT IS FURTHER ORDERED denying any requests for sanctions.

Counsel for both parties are admonished to avoid further hyperbole and name calling in
their memoranda because it serves no useful purpose and does not assist the Court in making a
determination of disputed issues.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/25/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

10/23/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

MINUTE ENTRY

The Court has reviewed Defendant/Counterclaimant’s Motion for Clarification Regarding
Trial Minute Entries along with Plaintiff’s Response and the Reply.

IT IS ORDERED as follows:

1) Regarding the Minute Entry dated August 30, 2017 “Trial Day Seven”, the Motion
is denied. The Minute Entry accurately reflects the ruling at the time it was made denying the
motion for directed verdict as it related to the breach of contract and the parking spaces.
2) Regarding the same August 30, 2017 Minute Entry, the Court has issued a clarifying
Minute Entry dated September 20, 2017 granting the motion for directed verdict for the alleged
failure to tow.
3) Denying the request to “clarify” by adding language that the motion for directed
verdict relating to the breach of fair dealing is without prejudice. Defendant may pursue this in a
Rule 59 or 60 motion if appropriate.
4) Granting the motion as it relates to the September 1, 2017 Minute Entry and
ordering that it be corrected nunc pro tunc on page 2 to show that the jury checked the box
labeled Breach of Implied Covenant of Good Faith and Fair Dealing.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/28/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

10/27/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MINUTE ENTRY

Courtroom 207 – SEA

9:33 a.m. This is the time set for Oral Argument re: Defendant Tapestry on Central
Condominium Association’s Motion for Sanctions for Failure to Comply with the Court’s June
8, 2015 Order. Counsel, Aaron M. Finter, is present on behalf of Plaintiff. Counsel, Kevin P.
Nelson, is present on behalf of Defendants.

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

The Court has reviewed the case file and the pleadings filed by the parties.

Oral argument is presented.

IT IS ORDERED that counsel for Defendant is to file a Motion to Reconsider as to
Cynthia Futter on or before November 6, 2015. Plaintiff shall have until November 16, 2015 to
file a Response. The Court will rule on the matter without further argument.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

10/27/2015

Docket Code 023
Form V000A
Page 2

IT IS ORDERED that the deposition of Ben Moshe scheduled for November 12, 2015 is
to be a minimum of 8 hours of deposition time plus a mid-morning and afternoon break as well
as a lunch break. The deposition shall take place in Arizona.

IT IS FURTHER ORDERED that Ms. Carras appear in Arizona for a Rule 30(b)(6)
deposition. If Ms. Carras is not available, the Court will consider a Motion in Limine or other
evidentiary rulings to deal with her unavailability to be deposed and/or her unavailability for
trial.

10:05 a.m. Matter concludes.

LATER:

IT IS ORDERED affirming that this matter will be partially dismissed as to Defendants
Dennis and Catherine Kolodin on December 28, 2015.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/31/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

10/28/2014

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
KIRK H HAYS
MITCHELL J RESNICK

MINUTE ENTRY

The Court has received and reviewed the Rule 16 Joint Report electronically filed on
October 22, 2014.

IT IS ORDERED imposing deadlines and other orders in accordance with the formal
written Order signed by the Court on October 23, 2014 and entered (filed) by the clerk on
October 28, 2014. Because the Court may not have adopted all of the proposals of the parties,
the parties should review the Court’s signed Order.

IT IS FURTHER ORDERED setting a Telephonic Status Conference for September
11, 2015 at 1:30 p.m. before:

HONORABLE MARK F. ACETO
SOUTHEAST ADULT FACILITY
COURTROOM 203
222 EAST JAVELINA
MESA AZ 85210

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

10/28/2014

Docket Code 028
Form V000A
Page 2

NOTE: Plaintiff shall be responsible for initiating the conference call by calling this
division at 602-506-5261, with all participating parties and counsel on the line, at the date and
time specified above. Counsel who will be lead counsel at trial must participate in the
Telephonic Status Conference.

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.

FILED: Scheduling Order, signed 10/23/14

Michael K. Jeanes, Clerk of Court

*** Filed ***

11/27/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/08/2017

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

MINUTE ENTRY

The Court has considered Defendant/Counterclaimant Tapestry on Central Condominium
Association’s Motion for Judgment as a Matter of Law and Motion for New Trial, Plaintiff’s
Consolidated Response and the Reply. Both parties have requested oral argument.

In support of its argument that the verdict is against the weight of the evidence, the
movant claims that there was no evidence that the Association breached its duty of good faith
and fair dealing. The Court disagrees and at the end of the presentation of evidence, the jurors
were given proper instructions to consider all of the evidence presented. Movant simply points
out that there was evidence to support their view of the case. The record does reflect the extent
to which the Court agreed with movant’s positions and ruled accordingly. Likewise, implicit in
the jury instruction is the Court’s finding that there was sufficient disputed evidence for the
matter to be submitted to the jury. The Court is not persuaded by the Associations argument to
the contrary and finds an adequate factual basis to support the verdicts.

IT IS ORDERED denying Defendant’s Motion for Judgment as a Matter of Law.

IT IS FURTHER ORDERED denying Defendant’s Motion for New Trial.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/08/2017

Docket Code 019
Form V000A
Page 2

IT IS FURTHER ORDERED denying the request for oral argument.

IT IS ORDERED that this Minute Entry is signed as the formal written Order of this
Court.

November 22, 2017

Date

/ s / HONORABLE DAVID M. TALAMANTE

JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/16/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/14/2016

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

ORAL ARGUMENT SET

The Court has received and reviewed Defendant’s Motion in Limine and Plaintiff’s
Response. After a review of the Court’s file,

IT IS ORDERED setting Oral Argument re: Defendant’s Motion in Limine/Trial setting
conference on December 16, 2016 at 2:00 p.m. (45 minutes allotted) before:

HONORABLE DAVID TALAMANTE
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 207
MESA AZ 85210

IT IS FURTHER ORDERED:

If extended oral argument is necessary, counsel must so advise the Court no later than
four (4) court days prior to the date set for hearing so that oral argument can be rescheduled.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/14/2016

Docket Code 094
Form V000A
Page 2

Any motion or stipulation for continuance must be filed with the Court no later than four
(4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances.

Counsel are advised that if the answering memorandum is not timely filed in accordance
with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be
ruled upon in accordance with Rule 7.1(b), A.R.C.P.

NOTE: All court proceedings are recorded digitally and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/19/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/17/2015

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

JACOB REICH
8383 WILSHIRE BLVD #510
BEVERLY HILLS CA 90211

TELEPHONIC STATUS CONFERENCE SET

Based on Defense counsel’s oral request and there being no objection by Plaintiff’s
counsel,

IT IS ORDERED setting a Telephonic Status Conference re: search terms on November
19, 2015 at 11:00 a.m. (15 minutes allotted) in this Division.

NOTE: 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 at (602) 506-6251 promptly at the scheduled time.

IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.

NOTE: All Court proceedings are recorded by audio method and not by a court
reporter. Any party may request the presence of a court reporter by contacting the division
three (3) court business days before the schedule hearing.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/21/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/18/2016

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

MOTION DENIED

After considering Plaintiff’s Motion for Clarification; Motion for Reconsideration;
Motion for New Trial Re Defendants’ Motion for Partial Summary Judgment Re Fifth Claim for
Relief Re Breach of Contract along with Defendants’ Response and the Reply, the Court is not
persuaded that it should reconsider the prior orders issued after the parties were given full
opportunity to present arguments and memoranda on the disputed issues.

Further, the Court finds that Plaintiff’s Motion relating to the “fifth claim for relief” is not
supported by admissible evidence or supported by evidence procured in violation of prior Court
orders. The use of the so called “sworn statement” of Robert Frisbee is disingenuous at best and
possibly deserving of sanctions. Although not attached to the Motion, any reliance on a “sworn
statement” of Cynthia Futter is unavailing to Plaintiff.

IT IS ORDERED denying Plaintiff’s Motion in its entirety.

IT IS FURTHER ORDERED denying the request for oral argument.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/23/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/19/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

JACOB REICH
8383 WILSHIRE BLVD #510
BEVERLY HILLS CA 90211

MINUTE ENTRY

Courtroom 207 – SEA

10:59 a.m. This is the time set for Telephonic Status Conference re: discovery issue
relating to search terms. Counsel, Aaron M. Finter, appears telephonically on behalf of Plaintiff.
Counsel, Kevin P. Nelson, appears telephonically on behalf of Defendant.

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

Discussion is held regarding discovery issues.

IT IS ORDERED taking this matter under advisement.

11:22 a.m. Conference concludes.

LATER:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/19/2015

Docket Code 019
Form V000A
Page 2

IT IS ORDERED that the initial search terms shall be the 21 items set forth in
Defendants’ October 12, 2015 e-mail to Plaintiff’s counsel and shall also include the terms “non-
residential units, Starpointe, and Joanne Carras”.

IT IS FURTHER ORDERED continuing the discovery deadlines set forth in the
Court’s Order of October 20, 2015 as follows:

 The deadline to complete all discovery and exchange final disclosure statements
shall be January 14, 2016.

 The deadline to complete all lay and expert depositions shall be
January 14, 2016.

 The deadline for the filing of dispositive motions shall be February 18, 2016.

IT IS FURTHER ORDERED that Plaintiff’s Motion to Extend Discovery Deadlines,
filed on November 19, 2015, is deemed moot.

After considering Defendants’ Motion for Reconsideration Regarding Cynthia Futter and
Plaintiff’s Response,

IT IS ORDERED granting the Motion. Ms. Futter is not to be deposed unless the parties
reach agreement regarding any necessary restrictions on the taking and sealing of the deposition
or order of the Court.

IT IS FURTHER ORDERED denying Defendants’ request to dismiss the Second
Amended Complaint.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/27/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/21/2017

Docket Code 049
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

MINUTE ENTRY

The Court has reviewed the following motions, notices and memoranda of the parties
along with their attachments: 1) Plaintiff’s Motion for Entry of Judgment on Jury Verdict (and
form of Judgment); 2) Plaintiff’s Statement of Costs (and Plaintiff’s Supplemental Statement of
Costs filed October 16, 2017); 3) Plaintiff’s Application for Award of Attorneys’ Fees; 4)
Defendants and Counterclaimant’s Objection to Plaintiff’s Motion for Entry of Judgment on Jury
Verdict; 5) Defendants and Counterclaimant’s Response to Plaintiff’s Application for
Attorneys’ Fees and Costs ; 6) Defendants and Counterclaimant’s Supplemental Application for
Attorneys’ Fees and Costs, Declaration in Support of Attorneys’ Fees and Statement of Costs; 7)
Plaintiff’s Response to Defendants’ Application for Award of Attorneys’ Fees; 8) Plaintiff’s
Objection to Defendants’ Statement of Costs; 9) Plaintiff’s Reply in Support of Motion for
Entry of Judgment on Jury Verdict and Objection to Defendants’ Form of Judgment; 10)
Defendants and Counterclaimant’s Response in Objection to Plaintiff’s Supplemental Statement
of Costs; 11) Defendants and Counterclaimant’s Reply in Support of Their Application for
Attorneys’ Fees; 12) Plaintiff’s Reply in Support of Plaintiff’s Application for Award of
Attorneys’ Fees; and 13) Defendants and Counterclaimant’s Reply in Support of Their
Application for Costs.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/21/2017

Docket Code 049
Form V000A
Page 2

In reviewing Plaintiff’s Application for Attorneys’ Fees and Statement of Costs, the
Court finds that a good amount of those costs and fees were expended dealing with the parties
and issues dismissed before trial. This is reflected in Plaintiff’s Motion for Entry of Judgment on
Jury Verdict. Although the Court agrees that the Defendants cannot be accurately characterized
as the successful party in the matter submitted to the jury, it is not reasonable to require that
Defendants pay all costs and fees associated with the other parties and claims dismissed. This
remains true even if those separate claims resulted in a ruling or settlement that the Plaintiff
considers favorable.

The Court also finds that there was an unnecessary amount of discovery litigation, most
of it prompted by counsel’s inability to meet and confer in a reasonable and good faith manner.
To the extent that the Court believes that attorneys’ fees were justified for these discovery
disputes, orders/judgments have already been entered.

A review of the docket indicates that putting aside the unfortunate and unnecessary
discovery litigation, the case did not reasonably focus on the dispute between the trial litigants
until after July 31, 2015. The Court finds that it is appropriate to award Plaintiff its reasonable
attorneys’ fees against Defendants for work performed after this date and in anticipation of trial
and for all trial work.

For reasons expressed on the record (days 4-6 of trial), the Court finds that payment of
the interpreter costs claimed by Plaintiff is not taxable to the Defendants. Further, for reasons
expressed by the Court, it is not appropriate for Defendants to pay the costs associated with the
deposition of Cynthia Futter.

On the issue of damages, the amounts provided by the jury on the verdict forms were
based on the closing arguments of counsel. The damages awarded are consistent with the
summaries provided by counsel and are supported by the evidence submitted during trial.
Additionally, the award in favor of Defendants on unpaid assessments is substantially similar to
the amounts requested by Defendants in at least one of their prior Motions for Summary
Judgment. The verdict forms and the awards of the jury are supported by the evidence.
Anyone’s disagreement with that verdict is not a basis for overturning the jury verdict as argued
by Defendants.

IT IS ORDERED awarding judgment in the form provided by the Plaintiff, signed by
the Court on November 22, 2017, and awarding Plaintiff attorneys’ fees in the amount of
$581,420.00 plus costs in the amount of $15,874.54.

There being no further matters pending before the Court, judgment is entered pursuant to
Rule 54(c) ARCP.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/02/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/26/2014

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

PAUL D CARDON
KIRK H HAYS
MITCHELL J RESNICK

MINUTE ENTRY

The Court has received and reviewed the parties’ Fourth Stipulation for Extension of
Time for Plaintiffs to Respond to Starpointe Communities and STR Construction’s Motion to
Dismiss and for Defendants to Reply in this case.

IT IS ORDERED accepting the Stipulation electronically filed on November 24, 2014,
all in accordance with the formal written Order signed by the Court on November 25, 2014 and
entered (filed) by the clerk on November 26, 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.

FILED: Order Granting Extension of time for Plaintiffs to Respond to Starpointe Communities
and STR Construction Defendants Motion to Dismiss and Defendants to Reply, signed 11/25/14

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/04/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

11/30/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

MINUTE ENTRY

The Court has received and reviewed Plaintiff’s Request for Findings of Fact and
Conclusions of Law and Evidentiary Hearing filed on November 7, 2017. After a review of the
Court’s file, except as reflected in the Court’s Minute Entries dated November 8, 2017 and
November 21, 2017,

IT IS ORDERED denying Plaintiff’s Request for Findings of Fact and Conclusions of
Law and Evidentiary Hearing.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/08/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/06/2017

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

TELEPHONIC STATUS CONFERENCE SET

The Court has received and reviewed Tapestry on Central Condominium Association’s
Motion to Set Supersedeas Bond.

IT IS ORDERED setting a Telephonic Status Conference re: Defendants’ Motion to Set
on December 11, 2017 at 4:30 p.m. (15 minutes allotted) in this Division.

NOTE: 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 at (602) 506-6251 promptly at the scheduled time.

NOTE: All court proceedings are recorded digitally and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/14/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/08/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
S. McCoy

Deputy

TAPESTRY ON CENTRAL L L C, et al.
AARON M FINTER

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

KENNETH CHEUVRONT
NO ADDRESS ON RECORD

MINUTE ENTRY

9:28 a.m. This is the time set for an expedited Telephonic Status Conference re:
deposition of an expert witness. Counsel, Aaron M. Finter, appears telephonically on behalf of
Plaintiff, Tapestry on Central, LLC. Counsel, Kevin P. Nelson, appears telephonically on behalf
of Defendants.

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

Discussion is held regarding taking deposition from an Andrew Karic and whether or not
to designate him as an expert witness.

Mr. Finter addresses the Court.

Mr. Nelson addresses the Court.

Discussion continues.

Based upon the matters discussed on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/08/2015

Docket Code 023
Form V000A
Page 2

THE COURT FINDS that an exceptional circumstance does exist to allow the
deposition to take place. The Defendant cannot require the Plaintiff to designate Andrew Karic
as an expert trial witness.

IT IS ORDERED allowing the deposition of Andrew Karic to move forward. The
deposition may not be used at trial pending further Order of the Court.

9:48 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/13/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/11/2017

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION, et al.
KEVIN P NELSON

CHRISTOPHER T CURRAN
MICHAEL A WRAPP

MINUTE ENTRY

Courtroom 207 – SEF

4:31 p.m. This is the time set for Telephonic Status Conference re: Defendants’ Motion to
Set Supersedeas Bond. Counsel, Ryan J. Lorenz, appears telephonically on behalf of Plaintiff.
Counsel, Kevin P. Nelson, appears telephonically on behalf of Defendants.

A record of the proceedings is made digitally in lieu of a court reporter.

The Court has reviewed the case file and the memoranda filed by the parties.

Discussion is held regarding the setting of a bond amount. The Court is inclined to set
the bond at one-half of the Association’s net worth.

IT IS ORDERED that all execution and enforcement on the judgment is stayed pending
the Court’s ruling on Defendants’ Motion to Set Supersedeas Bond.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/11/2017

Docket Code 056
Form V000A
Page 2

IT IS FURTHER ORDERED setting an Evidentiary Hearing to consider the amount of
the bond and any undue hardship on the part of the Association on February 9, 2018 at 1:30
p.m. (2 hours allotted) in this Division.

IT IS ORDERED that counsel and self-represented litigants (“the parties”) are directed
to personally meet no later than January 19, 2018 to exchange exhibits and discuss the exhibits
prior to submitting them to the Court. At this meeting, the parties’ shall attempt to agree on
authenticity, foundation, and admission of the exhibits to shorten the time spent on exhibits
during the hearing.

IT IS FURTHER ORDERED that the parties shall deliver to the Clerk of this Division
all exhibits they will be introducing at the hearing, no later than noon on February 1, 2018.
Counsel shall present all exhibits with a written list of brief exhibit descriptions to the Clerk.
Exhibits shall not be placed in a notebook unless they are voluminous. Each exhibit shall be
clipped or bound if too large to be stapled. Exhibits are to be separated by a colored sheet of
paper or by a tabbed divider sheet. An enlargement may be used for demonstrative purposes;
however an 8 ½ x 11 size copy of the enlargement must be submitted with the other exhibits and
will be marked for demonstrative purposes only. (Enlargements will be released to the party
using said enlargement at the end of trial.) The exhibits will be marked by the Clerk in
consecutive order: Plaintiff’s exhibits marked first; Defendant’s exhibits marked second.
Exhibits are assigned numbers in a serial fashion. Placeholders will not be accepted and exhibit
numbers will not be reserved for exhibits not presented at this time. The parties shall ensure that
there are no duplicate exhibits. Failure to follow the procedure for submitting trial exhibits may
result in the exclusion of that party’s exhibits at the hearing.

NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.

4:45 p.m. Conference concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/20/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/16/2016

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay

Deputy

TAPESTRY ON CENTRAL L L C
RYAN J LORENZ

v.

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
KEVIN P NELSON

MICHAEL A WRAPP
ROBERT G ANDERSON
ANDREW B TURK
JACOB REICH

MINUTE ENTRY

Courtroom 207 – SEF

2:11 p.m. This is the time set for Oral Argument re: Defendant’s Motion in Limine/Trial
setting conference. Counsel, Ryan J. Lorenz, is present on behalf of Plaintiff. Counsel, Kevin P.
Nelson, is present on behalf of Defendants.

A record of the proceedings is made digitally in lieu of a court reporter.

The Court has reviewed the case file and the pleadings filed by the parties. Based on that
review, the Court states its impressions and inclinations on the record.

Oral argument is presented.

IT IS ORDERED taking Defendant’s Motion in Limine under advisement.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/16/2016

Docket Code 005
Form V000A
Page 2

Discussion is held regarding the time needed for trial in this matter.

IT IS ORDERED:

1.
TELEPHONIC TRIAL MANAGEMENT CONFERENCE

A telephonic Trial Management Conference is set for August 11, 2017 at 9:00 a.m. (30
minutes allotted). The lead trial counsel for each party is required to participate in the
telephonic Trial Management Conference. Self-represented litigants are also required to
participate. Except as stated above, parties are not required to participate. Failure of any trial
counsel or any self-represented litigant to participate in the telephonic Trial Management
Conference may result in sanctions.

At the telephonic Trial Management Conference, counsel for each party and any self-
represented litigants shall be prepared to discuss:

A.
Length of voir dire, opening statements, examination of witnesses, and
closing arguments.

B.
The number of jurors on the jury panel, and the involvement of the
alternate jurors in deliberation.

C.
Stipulations for the foundation, authenticity, and admission of exhibits.

D.
Preliminary and final jury instructions.

E.
Agreed-upon deposition summaries and excerpts from deposition
transcripts and/or videotaped depositions.

F.
Any special witness scheduling or equipment-related issues.

G.
A brief summary of the case to be read to the jury.

H.
The allocation of trial time per party.

NOTE: 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 at (602) 506-6251 promptly at the scheduled time.

2.
MOTIONS IN LIMINE

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/16/2016

Docket Code 005
Form V000A
Page 3

Any and all Motions in Limine (prepared separately as to each issue) shall be filed no
later than July 11, 2017, and shall be hand-delivered to opposing counsel and the Court. Such
motions must meet the test of State v. Superior Court, 108 Ariz. 396, 397, 499 P.2d 152 (1972)
(“The primary purpose of a Motion in Limine is to avoid disclosing to the jury prejudicial matters
which may compel a mistrial”). See also, Ariz. R. Evid. 103(c). Written responses to Motions in
Limine shall be filed no later than July 21, 2017 and provided to opposing counsel and this
Division. Replies shall not be allowed absent leave of Court. Failure to meet and confer in
accordance with Ariz.R.Civ.P. 7.2(a) prior to the filing of any Motion in Limine may result in
sanctions.

The Court will rule on Motions in Limine without oral argument unless otherwise
ordered. Any Motion in Limine not timely filed will be deemed waived.

3.
JURY SELECTION

The Court uses the “struck” method for jury selection. The parties will be permitted to
conduct their own voir dire after the Court completes its own voir dire. The purpose of voir dire
is to secure a fair and impartial jury and not to educate the jury as to the legal/factual theories
espoused by a particular party.

4.
TRIAL

This matter is set for a Jury Trial on August 21, 2017 in this Division.

LENGTH OF TRIAL: 8 days

HONORABLE DAVID TALAMANTE
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 207
MESA AZ 85210

THIS IS A FIRM TRIAL SETTING

Trial days and hours are as follows: Monday through Thursday from 9:30 a.m. to 4:30
p.m. daily. The Court will take two 15-minute recesses, one in the morning and one in the
afternoon. The lunch recess will be from 12:00 p.m. to 1:30 p.m.

5.
MARKING EXHIBITS FOR TRIAL

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/16/2016

Docket Code 005
Form V000A
Page 4

Trial counsel and self-represented litigants (“the parties”) are directed to personally meet
no later than June 21, 2017 to exchange trial exhibits and discuss the exhibits prior to
submitting them to the Court for trial. At this meeting, the parties’ shall attempt to agree on
authenticity, foundation, and admission of the exhibits to shorten the time spent on exhibits
during the trial.

The parties shall deliver to the Clerk of this Division all exhibits they will be introducing
at trial no later than noon on August 11, 2017. Counsel shall present all exhibits with a written
list of brief exhibit descriptions to the Clerk. Exhibits shall not be placed in a notebook unless
they are voluminous. Juror exhibit notebooks are optional. Each exhibit shall be clipped or
bound if too large to be stapled. Exhibits are to be separated by a colored sheet of paper or by a
tabbed divider sheet. Expanding file folders are not to be used to separate the exhibits. An
enlargement may be used for demonstrative purposes; however an 8 ½ x 11 size copy of the
enlargement must be submitted with the other exhibits and will be marked for demonstrative
purposes only. (Enlargements will be released to the party using said enlargement at the end of
trial.) The exhibits will be marked by the Clerk in consecutive order: Plaintiff’s exhibits marked
first; Defendant’s exhibits marked second. Exhibits are assigned numbers in a serial fashion.
Placeholders will not be accepted and exhibit numbers will not be reserved for exhibits not
presented at this time. The parties shall ensure that there are no duplicate exhibits. Failure to
follow the procedure for submitting trial exhibits may result in the exclusion of that party’s
exhibits at trial.

6.
DEPOSITIONS

To the extent reasonably possible, the content of any deposition a party intends to offer in
evidence shall be either summarized or relevant excerpts of the deposition shall be extracted.
Videotape depositions shall be edited in the same manner. Deposition summaries and excerpts
shall be exchanged by the parties prior to the Trial Management Conference.

7. WITNESS INFORMATION FORM

Counsel for each party and any self-represented litigant shall meet no later than July 26,
2017 to complete the Witness Information Form which is attached to this minute entry. The
parties shall set forth the names of each witness and the estimated time required for direct and
cross-examination. Time estimates shall also be set forth for opening statements and closing
arguments. The completed form shall be submitted with the Joint Pretrial Statement. The Court
will rely upon the Witness Information Form to predict the length of the trial for the jurors and to
allocate the time allowed for each party to present its case to the jury.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/16/2016

Docket Code 005
Form V000A
Page 5

Attachment: Witness Information Form.

8.
FINAL JOINT PRETRIAL STATEMENT

The Joint Pretrial Statement meeting the requirements of Ariz.R.Civ.P. 16(d)(2)(A)-(K)
shall be delivered to this Division by 5:00 p.m. on August 8, 2017. In addition to the
requirements of Ariz.R.Civ.P. 16(d)(2)(A)-(K), the parties shall submit to the Court:

A.
A statement by each party identifying all expert witnesses, the opinions of
said experts, and a description of the factual/substantive basis for each such opinion.

B.
A statement by each party of all preliminary standard (and other RAJI
Civil instructions) and final jury instructions jointly agreed upon by the parties.

C.
Written objections to any jury instructions citing specific authority in
support of said objections.

D.
A completed Witness Information Form.

E.
Any voir dire questions a party seeks to ask during jury selection.

F.
Trial memoranda.

WITNESS INFORMATION FORM

WITNESSES FOR PLAINTIFF(S)

WITNESS NAME
DIRECT
AND
REDIRECT
CROSS

1

2

3

4

5

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-090103

12/16/2016

Docket Code 005
Form V000A
Page 6

6

DIRECT, REDIRECT & CROSS TOTAL: _________________

WITNESSES FOR DEFENDANT(S)

WITNESS NAME
DIRECT
AND
REDIRECT
CROSS

1

2

3

4

5

6

DIRECT, REDIRECT & CROSS TOTAL: _______________

TOTAL WITNESS TIME ESTIMATE: ___________________________

TIME ESTIMATE FOR:
PLAINTIFF
DEFENDANT
OPENING STATEMENT

CLOSING ARGUMENT
1st:
2nd:

NOTE: All court proceedings are recorded digitally and not by a court reporter.
Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding in which
a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must
submit a written request to the assigned judicial officer at least ten (10) judicial days in
advance of the hearing, and must pay the authorized fee to the Clerk of the Court at least
two (2) judicial days before the proceeding. The fee is $140 for a half-day and $280 for a
full day.

2:53 p.m. Conference concludes.

Documents