07/21/2014 — CV2014092138 GRABOIS, DALE R 07/21/2014 HON. DAVID K. UDALL View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/24/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092138
07/21/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
L. Mooney
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
MARK W WALDRON
v.
DALE R GRABOIS
DALE R GRABOIS
19700 NORTH 76TH STREET
#2173
SCOTTSDALE AZ 85255
COMM. BENNY
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application/Affidavit for Default Judgment
against Defendant(s) Dale R. Grabois and Jane Doe Grabois in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above referenced
document(s).
The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Margaret Benny.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092138
07/21/2014
Docket Code 023
Form V000A
Page 2
default coversheet and copies of the necessary filed documents to the Commissioner’s division
for the entry of a default judgment.
IT IS FURTHER ORDERED, no further action will be taken by the assigned
Commissioner until the necessary filed documents and coversheet are delivered to the division.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp
09/16/2014 — CV2014092138 GRABOIS, DALE R 09/16/2014 HON. DAVID K. UDALL View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/19/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092138
09/16/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. DAVID K. UDALL
L. Mooney
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
MARK W WALDRON
v.
DALE R GRABOIS
DALE R GRABOIS
19700 N. 76TH STREET
#2173
SCOTTSDALE AZ 85255
COURT ADMIN-CIVIL-ARB DESK
MINUTE ENTRY
The Court has received and reviewed the Defendant’s Pro Per Notice of Motion and
Motion to Dismiss. With no good cause found,
IT IS ORDERED denying the Defendant’s Pro Per Motion to Dismiss.
12/19/2014 — CV2014092138 GRABOIS, DALE R 12/19/2014 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
12/23/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092138
12/19/2014
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
MARK W WALDRON
v.
DALE R GRABOIS
DALE R GRABOIS
19700 N 76TH ST #2173
SCOTTSDALE AZ 85255
MINUTE ENTRY
**RULING**
**Please read closely as there are orders for both Plaintiff and Defendant in the ruling.**
The Court has received Defendant Dale R. Grabois’ Notice of Motion and Motion for
New Trial; Amendment of Judgment (A.R.C.P. Rule 59(4)(1), as well as Plaintiff’s Objection
and Response in Opposition to Defendant’s Notice of Motion and Motion for New Trial;
Amendment of Judgment(A.R.C.P. Rule 59(4)(1). Defendant has requested an oral argument
hearing, but the Court has reviewed the motion and response, along with the case file and finds
that an oral argument is not necessary.
Upon review and consideration,
IT IS HEREBY ORDERED denying Defendant’s request for new trial or amendment of
judgment. The Court does not find Defendant’s arguments to be supported by the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092138
12/19/2014
Docket Code 056
Form V000A
Page 2
filings. Defendant was appropriately served and was sent copies of all documents filed by
Plaintiff to the correct address. Default was also appropriately entered against Defendant.
However, in reviewing the file in order to rule of the motion and response, Defendant’s
earlier Notice of Motion and Motion to Dismiss came to the attention of this Court. This motion
was denied by Judge Udall and this judicial officer was not aware of the earlier motion at the
time she ruled on the Motion for Default Judgment without hearing. Under Rule 55(b)(2) of the
Arizona Rules of Civil Procedure, if the party against whom judgment by default is sought has
appeared in the action, that party…shall be served with written notice of the application for
judgment at least three days prior to the hearing on such application. By filing his Notice of
Motion and Motion to Dismiss, Defendant appeared in the action for purposes of Rule 55(b)(2)
and a default hearing was required. It was not appropriate to proceed without a default hearing.
Therefore, on the Court’s own motion,
IT IS HEREBY ORDERED rescinding the default judgment filed on October 13, 2014
and setting a default hearing for January 7, 2015 at 9:00 a.m. (15 minutes allotted), at the
Maricopa County Superior Court, Southeast Facility, 222 E. Javelina Ave., Courtroom
303, Mesa, AZ 85210.
Although Defendant is endorsed on this written minute entry, in order to fully comply
with Rule 55(b)(2),
IT IS FURTHER ORDERED that, at least three days prior to the default hearing,
Plaintiff shall serve Defendant with a copy of this minute entry along with a copy of the Motion
for Default Judgment, the application and affidavit in support of attorney fees, the statement of
costs, all filed on 10/3/2014. This minute entry shall serve as Plaintiff’s written notice regarding
the hearing date.
Given the timing of the next hearing,
IT IS FURTHER ORDERED that if Plaintiff’s attempt to personally serve Defendant at
his home at 19700 N. 76th Street, #2173, Scottsdale, AZ 85255 between 7:00 a.m. and 8:00 p.m.
is not successful, the process server shall (1) post the required documents at or near the door of
the residence and (2) mail an additional set of copies by certified mail to Defendant at the same
address. Plaintiff shall bring an affidavit of service as to the effectuated method(s) of service
(including a photocopy of the envelope and/or the green card).
As the Court previously stated, the entry of default is appropriate and has been
entered. Therefore,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092138
12/19/2014
Docket Code 056
Form V000A
Page 3
IT IS ORDERED that the only issues for the hearing will be the amount of damages
(amount owed), attorneys’ fees and court costs.
Further, review of the court’s file shows that Defendant did not pay his required filing fee
of $237.00 when he filed his Notice of Motion and Motion to Dismiss. The Clerk of the Court’s
office should not have accepted his filing without the fee, but did and it was ruled on by the
Court. This was an oversight. The filing fee has not been waived.
Therefore,
IT IS ORDERED that Defendant shall pay his filing fee prior to his appearance at the
default hearing and shall bring in his receipt to show the Court. Should this be a financial
hardship for Defendant, he may file an application for the deferral or waiver of court costs with
the Clerk of Court. This must be completed prior to the default hearing.
IT IS FURTHER ORDERED signing this minute entry as a formal order of this Court.
/ s / COMMISSIONER MARGARET BENNY
JUDICIAL OFFICER OF THE SUPERIOR COURT
