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Maricopa County Superior Court Case CV2014-097453: public docket details, parties, minute entries, documents, and official source links for North Canyon Ranch Owners Association.

Case Number

CV2014-097453

County

Maricopa

Caption

Not captured

Filed

12/24/2014

Case Type

Civil

Judge

McDowell, David

Location

Southeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/14/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

01/11/2016

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
CHARLES E MAXWELL

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

ORAL ARGUMENT SET

The Court has received and reviewed Plaintiff’s Motion for Summary Judgment, the
Defendant Pamela Allen’s Response, and Plaintiff’s Reply thereto.

IT IS ORDERED setting an Oral Argument re: Plaintiff’s Motion for Summary Judgment
on April 6, 2016 at 3:00 p.m. (allotted time: 30 minutes) before:

HONORABLE DAVID K. UDALL
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 205
MESA AZ 85210

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

01/11/2016

Docket Code 094
Form V000A
Page 2

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,
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 ***

02/13/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

02/10/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
CHARLES E MAXWELL

v.

PAMELA J ALLEN, et al.
PAMELA J ALLEN
NO ADDRESS ON RECORD

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC,
DBA
FIRST NATIONAL BANK OF OMAHA
1620 DODGE ST
OMAHA NE 68197
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD
COMM. BENNY

MINUTE ENTRY

This division has received Plaintiff’s e-filed Application/Affidavit for Default Judgment
against Defendant(s) First National of Nebraska, Inc. dba First National Bank of Omaha,
NA in the above-captioned case.

IT IS ORDERED that no action will be taken by this division on the above referenced
document(s).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

02/10/2015

Docket Code 023
Form V000A
Page 2

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
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

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/14/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

02/13/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
H. Bell

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

MINUTE ENTRY

The Court has received and reviewed Plaintiff’s Motion for New Trial, filed December
13, 2016, the response, filed January 5, 2017, and the reply, filed January 13, 2017.

IT IS ORDERED denying Plaintiff’s Motion for New Trial.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/14/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

02/13/2017

Docket Code 049
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
H. Bell

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

JUDGMENT SIGNED

The Court has received and reviewed the Defendant Allen’s Application for Attorneys’
Fees and Costs, filed December 22, 2016, and the response, filed January 11, 2017.

IT IS ORDERED approving and settling formal written Judgment against Plaintiff,
North Canyon Ranch Owners Association, signed by the Court on February 8, 2017, and filed
(entered) by the Clerk on February 13, 2017.

Clerk of the Superior Court

*** Electronically Filed ***

03/07/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

03/05/2019

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JANICE CRAWFORD
H. Bell

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD
PLANNED DEVELOPMENT SERVICES
L L C
14100 N 83RD AVE # 200
PEORIA AZ 85381
JUDGE CRAWFORD

MINUTE ENTRY

This matter comes before the Court on the Mandate from the Court of Appeals in which
Plaintiff – Appellant was awarded costs and attorney fees.

IT IS ORDERED that Plaintiff-Appellant shall submit a proposed form of order within
15 days of the date of this Minute Entry consistent with the Mandate from the Court of Appeals
filed October 19, 2018.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/22/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

03/21/2016

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
S. McCoy

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
CHARLES E MAXWELL

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

MINUTE ENTRY

On the Courts Own Motion,

IT IS HEREBY ORDERED vacating the Oral Argument on Plaintiff’s Motion for
Summary Judgment set on April 6, 2016 at 3:00 p.m. and resetting same on April 7, 2016 at
10:00 a.m. (30 minutes allotted) in this Division.

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 $140.00 for a half-day and $280.00 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

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

CV 2014-097453

04/07/2016

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

MATTER UNDER ADVISEMENT

Courtroom – SEF 205

10:04 a.m. This is the time set for Oral Argument on Plaintiff’s Motion for Summary
Judgment. Counsel, Sam Richardson, is present on behalf of the Plaintiff who is not present.
Counsel, Dennis Brookshire, is present on behalf of the Defendants who are not present.

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

Argument is held.

IT IS ORDERED taking this matter under advisement.

10:16 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Filed ***

04/14/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/12/2016

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

UNDER ADVISEMENT RULING

The Court took this matter under advisement after Oral Argument was held on April 7,
2016 on Plaintiff’s Motion for Summary Judgment. The Court has considered the arguments of
the parties and the pleadings. The Court makes the following findings and enters the following
orders.

THE COURT FINDS that there are genuine issues of material fact for a jury to consider
regarding the collectability of Defendants’ past arrearages.

IT IS THEREFORE ORDERED denying Plaintiff’s Motion for Summary Judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/12/2016

Docket Code 926
Form V000A
Page 2

Dated this 12th day of April, 2016

/ s / HONORABLE DAVID K. UDALL

HONORABLE DAVID K. UDALL
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/17/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/15/2015

Docket Code 314
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
M. Scott

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
CHARLES E MAXWELL

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

BANKRUPTCY FILED / CASE ON DISMISSAL CALENDAR

The Court has received notification that a petition under the Bankruptcy Code has been
filed by Pamela J. Allen, Debtor(s) in Case Number 2:13-bk-19249 filed on November 5, 2013.

IT IS ORDERED entering a Stay Order in this case and placing this case on the
Dismissal Calendar until October 15, 2015 (180 days) as to Pamela J. Allen, Debtor(s), only.

This case will be dismissed on October 15, 2015, unless prior to the scheduled dismissal
date plaintiff demonstrates they have moved to lift the stay but the request has not been ruled
upon or has been denied; or they have sought to reduce the claim(s) against the debtor 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; or they have obtained
severance of the claim(s) against the debtor from the claim(s) against the other parties to the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/15/2015

Docket Code 314
Form V000A
Page 2

action, if any; or they have demonstrated a reasonable basis for continuance of the case on the
inactive calendar.

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

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/22/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/19/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

MINUTE ENTRY

The Court notes that this case has been on the Court’s Dismissal Calendar since October
7, 2015, and the deadline for dismissal has now passed. The parties are directed to Rules 16 and
38.1, Ariz. R. Civ. P., which were amended effective April 15, 2014.

IT IS ORDERED as follows:

The parties shall meet personally to discuss all of the matters set forth in Rule 16(b)
Arizona Rules of Civil Procedure, and the parties shall file with the Court by 5:00 p.m. on May
19, 2016 a Joint Report and Proposed Scheduling Order for discovery, motion and disclosure
deadlines in the form attached hereto, which are substantially in the form set forth in Forms
11-13, Ariz. R. Civ. P. 84, Appendix of Forms. Counsel shall upload and e-file all proposed
orders in WORD format to allow for possible modification by the Court if needed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/19/2016

Docket Code 023
Form V000A
Page 2

The Court will review the Joint Report and Proposed Scheduling Order and may adopt or
modify the Proposed Scheduling Order, set a scheduling conference to resolve disputed items, or
resolve the disagreements without argument.

If counsel are unable to agree on any of the items that are to be included in the Order, the
reasons for their inability to agree shall be set forth in their Proposed Order.

Upon entry of the Scheduling Order, the Court will schedule a status conference as soon
as possible following the deadline for the completion of discovery for the purpose of assigning a
trial date. At the status conference, if the parties have completed discovery and are ready for
trial, the Court will set firm dates for the final pretrial management conference and for trial. If
the parties are not ready for trial, the matter may be placed on the Dismissal Calendar for
dismissal within sixty (60) days.

If the parties feel a status conference is necessary at this stage of the litigation, they
should address the reasons why in the first paragraph of the Proposed Scheduling Order.

If a Joint Report and Joint Proposed Scheduling Order are not timely submitted,
the Court will place or extend the matter on the Dismissal Calendar for dismissal in sixty
(60) days.

JOINT REPORT

The parties signing below certify that they have conferred about the matters set forth in
Rule 16(d), and that this case is not subject to the mandatory arbitration provisions of Rule 72.
With regard to matters upon which the parties could not agree, they have set forth their positions
separately in item 14 below. The parties are submitting a Proposed Scheduling Order with this
Joint Report. Each date in the Joint Report and in the Proposed Scheduling Order includes a
calendar month, day, and year.

1.Brief description of the case:
______________________________________________________________________________
______________________________________________________________________________
__________________________________________________________________
● If a claimant is seeking other than monetary damages, specify the relief sought
_____________________________________________________________________________.

2. Current case status: Every defendant has been served or dismissed. [ ] yes [ ] no

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/19/2016

Docket Code 023
Form V000A
Page 3

● Every party who has not been defaulted has filed a responsive pleading. [ ] yes [ ] no
● Explanation of a “no” response to either of the above statements:
_____________________________________________________________________________.

3. Amendments: A party anticipates filing an amendment to a pleading that will add a new
party to the case: [ ] yes [ ] no

4. Special case management: Special case management procedures are appropriate:
[ ] yes [ ] no

If “yes,” the following case management procedures are appropriate because:
______________________________________________________________________________
_____________________________________________________________________________.

5. Settlement: The parties agree to engage in settlement discussions with [ ] a settlement judge
assigned by the court, or [ ] a private mediator. The parties will be ready for a settlement
conference or a private mediation by _____________________________________.
If the parties will not engage in a settlement conference or a private mediation, state the
reason(s) why:
_____________________________________________________________________________.

6. Readiness: This case will be ready for trial by ______________-
_______________________.

7. Jury: A trial by jury is demanded. [ ] yes [ ] no

8. Length of trial: The estimated length of trial is ______ days.

9. Summary jury: The parties agree to a summary jury trial. [ ] yes [ ] no

10. Preference: This case is entitled to a preference for trial pursuant to the following statute or
rule:
_____________________________________________________________________________.

11. Special requirements: [ ] At a pretrial conference and/or [ ] at trial, a party will require
[ ] disability accommodations (specify) ___________________________________________
[ ] an interpreter (specify language) ______________________________________________

12. Scheduling conference: The parties request a Rule 16(d) scheduling conference.
[ ] yes [ ] no

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/19/2016

Docket Code 023
Form V000A
Page 4

If requested, the reasons for having a conference are: _________________________________
_____________________________________________________________________________
_____________________________________________________________________________.

13. Other matters: Other matters that the parties wish to bring to the court’s attention that may
affect management of this case: _______________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.

14. Items upon which the parties do not agree: The parties were unable in good faith to agree
upon the following items, and the position of each party as to each item is as follows:
______________________________________________________________________________
_____________________________________________________________________________.

Dated this ____ day of __________, 20____.

_________________________________

______________________________
For Plaintiff

For Defendant

PROPOSED SCHEDULING ORDER
STANDARD CASE

Upon consideration of the parties' Joint Report, the court orders as follows:
1. Initial disclosure: The parties have exchanged their initial disclosure statements, or will
exchange them no later than ________________________.

2..Expert witness disclosure: The parties shall simultaneously disclose areas of expert testimony
by _________________. (Alternative: Plaintiff shall disclose areas of expert testimony by
_________________, and Defendant shall disclose areas of expert testimony by
_________________.)

The parties shall simultaneously disclose the identity and opinions of experts by ____________.
(Alternative: Plaintiff shall disclose the identity and opinions of experts by _____________, and
Defendant shall disclose the identity and opinions of experts by _____________________.)
The parties shall simultaneously disclose their rebuttal expert opinions by _____________.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/19/2016

Docket Code 023
Form V000A
Page 5

3..Lay (non-expert) witness disclosure: The parties shall disclose all lay witnesses by
____________________. (Alternative: The parties shall disclose lay witnesses in the following
order, and by the following dates________________________________________________ .)

4. Final supplemental disclosure: Each party shall provide final supplemental disclosure by
______________. This order does not replace the parties' obligation to seasonably disclose Rule
26.1 information on an on-going basis and as it becomes available.

No party shall use any lay witness, expert witness, expert opinion, or exhibit at trial not
disclosed in a timely manner, except upon order of the court for good cause shown or upon
a written or an on-the-record agreement of the parties.

5. Discovery deadlines: The parties will propound all discovery undertaken pursuant to Rules
33 through 36 by ________________. The parties will complete the depositions of parties and
lay witnesses by _________________, and will complete the depositions of expert witnesses by
__________________. The parties will complete all other discovery by
___________________. (“Complete discovery” includes conclusion of all depositions and
submission of full and final responses to written discovery.)

6. Settlement conference or private mediation: [choose one]:

[ ] Referral to ADR for a settlement conference: The clerk of the court will issue a referral
to ADR by a separate minute entry.

OR
[ ] Private mediation: The parties shall participate in mediation using a private mediator
agreed to by the parties. The parties shall complete the mediation by _________________.

All attorneys and their clients, all self-represented parties, and any non-attorney representatives
who have full and complete authority to settle this case shall personally appear and participate in
good faith in this mediation, even if no settlement is expected. However, if a non-attorney
representative requests a telephonic appearance and the mediator grants the request prior to the
mediation date, a non-attorney representative may appear telephonically.

[ ] No settlement conference or mediation: A settlement conference or private mediation is
not ordered.

7. Dispositive motions: The parties shall file all dispositive motions by ___________________.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/19/2016

Docket Code 023
Form V000A
Page 6

8. Trial setting conference: On ______________________________ [the court will provide
this date], the court will conduct a telephonic trial setting conference. Attorneys and self-
represented parties shall have their trial calendars available for the conference. Counsel for
Plaintiff shall be responsible for initiating the conference call by calling this Division at 602-506-
5514, with all participating counsel and self-represented parties on the line, at the scheduled
time.

NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting the
Division three (3) court business days before the scheduled hearing.

9. Firm dates: No stipulation of the parties that alters a filing deadline or a hearing date
contained in this scheduling order will be effective without an order of this court approving the
stipulation. Dates set forth in this order that govern court filings or hearings are FIRM dates, and
may be modified only with this court's consent and for good cause. This court ordinarily will not
consider a lack of preparation as good cause.

10. Further orders: The court further orders as follows:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.

This case is removed from the Dismissal Calendar and all requirements of Rule 38.1 of
Ariz. R. Civ. P. are waived unless and until otherwise ordered by the Court.

__________________________

____________________________________
DATE

JUDGE OF THE SUPERIOR COURT

Clerk of the Superior Court

*** Electronically Filed ***

04/30/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/24/2019

Docket Code 049
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JANICE CRAWFORD
H. Bell

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS P BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD
PLANNED DEVELOPMENT SERVICES
L L C
14100 N 83RD AVE # 200
PEORIA AZ 85381
JUDGE CRAWFORD

MINUTE ENTRY

This matter comes before the Court on Plaintiff’s China Doll Affidavit in Support of
Award of Attorney Fees, Plaintiff’s Statement of Costs and Notice of Taxation, Plaintiff’s Rule
1006 Accounting Summary, Defendant’s Objection thereto, and Plaintiff’s Reply.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/24/2019

Docket Code 049
Form V000A
Page 2

The Court has reviewed the substantive history of this case, including Plaintiff’s Motion
for Summary Judgment, Plaintiff’s Motion for New Trial, the associated rulings, and the
Memorandum Decision issued by the Court of Appeals.

As the prevailing party, Plaintiff is entitled to an award of reasonably attorney fees.
Plaintiff is not, however, entitled to include the attorney fees that were incurred before Defendant
filed bankruptcy. Plaintiff’s position that it can include attorney fees that were incurred before
Defendant’s bankruptcy but billed to Plaintiff after Defendant’s bankruptcy is not persuasive and
disregards the instruction to this court to “determine the amount of fees and costs incurred . . . .
after [Defendant] petitioned for bankruptcy.” [emphasis added] Accordingly, the Court has
deducted attorney fees that were incurred before 11/5/2013.

The starting point for determining the amount of a reasonable fee is the number of hours
reasonably expended on the litigation multiplied by a reasonable hourly rate. In this case, the
rates charged by Plaintiff’s attorney are commensurate with their experience and the work they
do. The Court therefore finds the rates to be reasonable.

Defendant challenges the time spent on various tasks. The Court has reviewed the
description of the charges and does not find the time to be excessive. Defendant also challenges
an award to Plaintiff for attorney fees it incurred in connection with its unsuccessful Motion for
Summary Judgment. After reviewing the arguments made by Plaintiff in the Motion for
Summary Judgment and the analysis by the Court of Appeals, the Court finds that the Motion for
Summary Judgment did not lack merit. Finally, Defendant challenges the accuracy of some of
the charges to the extent that the charges are not described in the “History Bill.” The Court’s
award of attorney fees is based solely on charges contained in the “History Bill” and does not
rely on the totals provided by Plaintiff.

THE COURT FINDS that Plaintiff is entitled to reasonable attorney fees totaling
$22,865.00.

As the prevailing party, Plaintiff is entitled to an award of its taxable costs under A.R.S.
¶12-332. Plaintiff is also entitled to non-taxable costs in accordance with the CC&Rs.
However, as set forth above, Plaintiff is not entitled to costs, taxable or nontaxable, that were
incurred prior to Defendant’s bankruptcy filing.

Additionally, Plaintiff is not entitled to costs described as Westlaw Computer Research
Database Access because Plaintiff did not submit any support that such costs were actually
incurred or were segregated and apportioned to this case. Nor did Plaintiff submit any support
that the cost was actually charged to Plaintiff.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/24/2019

Docket Code 049
Form V000A
Page 3

Finally, Plaintiff is not entitled to recover a cash advance of $10.00 or various bankruptcy
court costs ranging from $0.10 to $1.70.

The Court’s award for costs is based solely on charges contained in the “History Bill”
and does not rely on the totals provided by Plaintiff.

THE COURT FINDS that Plaintiff is entitled to an award for costs in the amount of
$1170.63.

LET THE RECORD REFLECT the entry of Judgment of Foreclosure is filed
contemporaneously with this Order.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/27/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

04/25/2017

Docket Code 093
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
H. Bell

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD
PLANNED DEVELOPMENT SERVICES
L L C
14100 N 83RD AVE # 200
PEORIA AZ 85381

MINUTE ENTRY

The Court has received and reviewed Plaintiff’s Motion to Set Supersedeas Bond
Amount, filed March 24, 2017, the response, filed April 11, 2017, and the reply, filed April 18,
2017.

IT IS ORDERED granting Plaintiff’s Motion to Set Supersedeas Bond Amount

IT IS FURTHER ORDERED setting a supersedeas bond in the amount of $11,672.00.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/17/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

05/15/2017

Docket Code 077
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
H. Bell

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD
PLANNED DEVELOPMENT SERVICES
L L C
14100 N 83RD AVE # 200
PEORIA AZ 85381

MINUTE ENTRY

IT IS ORDERED approving and settling formal written Amended Judgment against
Plaintiff, North Canyon Ranch Owners Association, signed by the Court on May 12, 2017, and
filed (entered) by the Clerk on May 15, 2017.

No further matters remain in this case, therefore, this is a final Judgment entered pursuant
to Rule 54(c), Ariz.R.Civ.P.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/24/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

05/22/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
H. Bell

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD
PLANNED DEVELOPMENT SERVICES
L L C
14100 N 83RD AVE # 200
PEORIA AZ 85381

MINUTE ENTRY

Pursuant to the Amended Judgment signed by the Court on May 12, 2017,

IT IS ORDERED Plaintiff’s Application for Entry of Judgment Pursuant to Rule 54(c) is
deemed moot.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/03/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

05/31/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

MINUTE ENTRY

The Court has received the Joint Report submitted by the parties on May 20, 2016;
however, no Scheduling Order has been received.

Pursuant to Rule 16(b), Ariz. R. of Civ. P., amended, which became effective on April
15, 2014, the parties shall submit a Scheduling Order no later than June 30, 2016, for discovery,
motion and disclosure deadlines, in the form attached hereto, which is substantially in the form
set forth in Forms 11-13, Ariz. R. Civ. P. 84, Appendix of Forms. Counsel shall upload and e-
file all proposed orders in WORD format to allow for possible modification by the Court if
needed.

If counsel are unable to agree on any of the items that are to be included in the Order, the
reasons for their inability to agree shall be set forth in their Proposed Order.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

05/31/2016

Docket Code 023
Form V000A
Page 2

Upon entry of the Scheduling Order, the Court will schedule a status conference as soon
as possible following the deadline for the completion of discovery for the purpose of assigning a
trial date. At the status conference, if the parties have completed discovery and are ready for
trial, the Court will set firm dates for the final pretrial management conference and for trial. If
the parties are not ready for trial, the matter may be placed on the Dismissal Calendar for
dismissal within sixty (60) days.

PROPOSED SCHEDULING ORDER
STANDARD CASE

Upon consideration of the parties' Joint Report, the court orders as follows:
1. Initial disclosure: The parties have exchanged their initial disclosure statements, or will
exchange them no later than ________________________.

2..Expert witness disclosure: The parties shall simultaneously disclose areas of expert testimony
by _________________. (Alternative: Plaintiff shall disclose areas of expert testimony by
_________________, and Defendant shall disclose areas of expert testimony by
_________________.)

The parties shall simultaneously disclose the identity and opinions of experts by ____________.
(Alternative: Plaintiff shall disclose the identity and opinions of experts by _____________, and
Defendant shall disclose the identity and opinions of experts by _____________________.)
The parties shall simultaneously disclose their rebuttal expert opinions by _____________.
3..Lay (non-expert) witness disclosure: The parties shall disclose all lay witnesses by
____________________. (Alternative: The parties shall disclose lay witnesses in the following
order, and by the following dates________________________________________________ .)

4. Final supplemental disclosure: Each party shall provide final supplemental disclosure by
______________. This order does not replace the parties' obligation to seasonably disclose Rule
26.1 information on an on-going basis and as it becomes available.

No party shall use any lay witness, expert witness, expert opinion, or exhibit at trial not
disclosed in a timely manner, except upon order of the court for good cause shown or upon
a written or an on-the-record agreement of the parties.

5. Discovery deadlines: The parties will propound all discovery undertaken pursuant to Rules
33 through 36 by ________________. The parties will complete the depositions of parties and

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

05/31/2016

Docket Code 023
Form V000A
Page 3

lay witnesses by _________________, and will complete the depositions of expert witnesses by
__________________. The parties will complete all other discovery by
___________________. (“Complete discovery” includes conclusion of all depositions and
submission of full and final responses to written discovery.)

6. Settlement conference or private mediation: [choose one]:

[ ] Referral to ADR for a settlement conference: The clerk of the court will issue a referral
to ADR by a separate minute entry.

OR
[ ] Private mediation: The parties shall participate in mediation using a private mediator
agreed to by the parties. The parties shall complete the mediation by _________________.

All attorneys and their clients, all self-represented parties, and any non-attorney representatives
who have full and complete authority to settle this case shall personally appear and participate in
good faith in this mediation, even if no settlement is expected. However, if a non-attorney
representative requests a telephonic appearance and the mediator grants the request prior to the
mediation date, a non-attorney representative may appear telephonically.

[ ] No settlement conference or mediation: A settlement conference or private mediation is
not ordered.

7. Dispositive motions: The parties shall file all dispositive motions by ___________________.

8. Trial setting conference: On ______________________________ [the court will provide
this date], the court will conduct a telephonic trial setting conference. Attorneys and self-
represented parties shall have their trial calendars available for the conference. Counsel for
Plaintiff shall be responsible for initiating the conference call by calling this Division at 602-506-
5514, with all participating counsel and self-represented parties on the line, at the scheduled
time.

NOTE: This Court utilizes FTR for an electronic record of the proceedings.
However, any party may request the presence of a court reporter by contacting the
Division three (3) court business days before the scheduled hearing.

9. Firm dates: No stipulation of the parties that alters a filing deadline or a hearing date
contained in this scheduling order will be effective without an order of this court approving the
stipulation. Dates set forth in this order that govern court filings or hearings are FIRM dates, and

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

05/31/2016

Docket Code 023
Form V000A
Page 4

may be modified only with this court's consent and for good cause. This court ordinarily will not
consider a lack of preparation as good cause.

10. Further orders: The court further orders as follows:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.

This case is removed from the Dismissal Calendar and all requirements of Rule 38.1 of
Ariz. R. Civ. P. are waived unless and until otherwise ordered by the Court.

__________________________

____________________________________
DATE

JUDGE OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/21/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

07/17/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
CHARLES E MAXWELL

v.

PAMELA J ALLEN, et al.
PAMELA J ALLEN
3951 W ELECTRA LN
GLENDALE AZ 85351

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD
COMM. BENNY

MINUTE ENTRY

This division has received Plaintiff’s e-filed Application/Affidavit for Default Judgment
against Defendant(s) Pamela Allen 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

07/17/2015

Docket Code 023
Form V000A
Page 2

IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.

Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
default coversheet and copies of the necessary filed documents to the Commissioner’s division
for the entry of a default judgment.

IT IS FURTHER ORDERED, no further action will be taken by the assigned
Commissioner until the necessary filed documents and coversheet are delivered to the division.

The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp

The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/14/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

09/02/2016

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
K. Tiero

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

BENCH TRIAL SET

Courtroom SEF 205

9:38 a.m. This is the time set for Telephonic Trial Scheduling Conference. Counsel,
Austin Baillio on behalf of Samuel Richardson, is present telephonically on behalf of Plaintiff,
who is not present. Counsel, Dennis Brookshire, is present telephonically on behalf of
Defendants, who are not present.

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

Discussion is held regarding status of the case. Counsel have not come to a resolution in
the case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

09/02/2016

Docket Code 089
Form V000A
Page 2

IT IS ORDERED:

1.
TRIAL

This matter is set for a Bench Trial on November 14, 2016 at 9:00 a.m. in this Division.

LENGTH OF TRIAL: 1 day

HONORABLE DAVID K. UDALL
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 205
MESA AZ 85210

THIS IS A FIRM TRIAL SETTING

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.

2.
SUBSTANTIVE MOTIONS

All substantive motions, including motions for summary judgment, shall be filed no later
than September 15, 2016.

3.
FINAL JOINT PRETRIAL STATEMENT

The Joint Pretrial Statement meeting the requirements of Ariz.R.Civ.P. 16(g)(2)(A)-(K)
shall be delivered to this Division by 5:00 p.m. on November 7, 2016. In addition to the
requirements of Ariz.R.Civ.P. 16(g)(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 completed Witness Information Form.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

09/02/2016

Docket Code 089
Form V000A
Page 3

C.
Trial memoranda (optional).

4.
MARKING EXHIBITS FOR TRIAL

Trial counsel and self-represented litigants (“the parties”) are directed to personally meet
no later than October 31, 2016 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.

Exhibits are due to the Clerk by November 7, 2016.

IT IS ORDERED that counsel may call the Clerk, Kendra Tiero, at telephone (602) 506-
4560 with questions regarding exhibits. Counsel is required to email the Clerk a copy of the
Final Trial Exhibit List in Microsoft Word Format. Email to the Clerk should be sent to
[email protected] and opposing counsel and or/party shall be copied on any email. Any
questions regarding trial matters and not exhibits, please contact the Judicial Assistant at
(602) 506-5514.

The Court will rule on any objections to exhibits at the Final Trial Management
Conference. Objections must be made before or during the Final Trial Management Conference
or will be deemed to have been waived. The Court encourages the use of juror notebook, but
stipulation of exhibits is required.

IT IS FURTHER ORDERED:

1. Exhibits should be separated by a colored sheet of paper with the exhibit number written
on front. Each exhibit shall be clipped or bound if too large to be stapled.

2. Provide a separate copy of exhibits to be referenced by the trial judge in a three-ring
binder, each separated by a tabbed numbered divider.

3. Keep the descriptions of the exhibits simple. Do not use a description that cannot be
verified by looking at the document or item. Do not include Bates numbers in your
description of the exhibits.

4. Exhibits shall be marked numerically and consecutively -- 1, 2, 3 etc. Do not skip
numbers. Numbers will not be skipped or saved in anticipation of additional exhibits to
be submitted. Any missing or skipped exhibits shall be designated as “Unused.”
Additional exhibits, if necessary, may be marked during the course of trial.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

09/02/2016

Docket Code 089
Form V000A
Page 4

5. Counsel shall eliminate duplication of exhibits as duplicate exhibits will not be marked.
Counsel shall, therefore, confer regarding exhibits to insure that there are no duplicates.

6. Do not list depositions on the exhibit description list as depositions will not be marked
as exhibits. Original depositions shall be provided to the Clerk at the time of trial for
filing into the court record. Counsel shall retain a copy of the depositions for their use
during the trial as the original depositions remain with the Clerk to be used as reference
by the trial judge during testimony.

7. Blow-up charts and large items may only be used for demonstrative purposes. Counsel
may bring blow-up charts and large items for use during trial; however, if counsel would
like any blow-up charts or large items marked as an exhibit, they must provide the Clerk
with an 8-1/2 x 11 photograph of the item.

5.
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. All deposition
summaries and excerpts shall be provided to the Clerk of this Division at the time of the Trial
Management Conference.

6. WITNESS INFORMATION FORM

Counsel for each party and any self-represented litigant shall meet 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.

Attachment: Witness Information Form.

WITNESS INFORMATION FORM

WITNESSES FOR PLAINTIFF(S)

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

09/02/2016

Docket Code 089
Form V000A
Page 5

WITNESS NAME
DIRECT
&
REDIRECT
CROSS

1

2

3

4

5

6

DIRECT, REDIRECT & CROSS TOTAL: _________________

WITNESSES FOR DEFENDANT(S)

WITNESS NAME
DIRECT
&
REDIRECT
CROSS

1

2

3

4

5

6

DIRECT, REDIRECT & CROSS TOTAL: _______________

TOTAL WITNESS TIME ESTIMATE: ___________________________

TIME ESTIMATE FOR:
PLAINTIFF
DEFENDANT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

09/02/2016

Docket Code 089
Form V000A
Page 6

OPENING STATEMENT

CLOSING ARGUMENT
1st:
2nd:

9:44 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/15/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

11/14/2016

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
H. Bell

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

TRIAL MINUTE ENTRY
_________________________________

DAY ONE

Courtroom 205-SEF

9:07 a.m. This is the time set for Trial to the Court. Plaintiff, North Canyon Ranch
Owners Association, is represented by counsel, B. Austin Baillio for Samuel Richardson.
Defendant, Pamela J. Allen, is present and represented by counsel, Dennis Brookshire. Deanna
Tatman, representative of North Canyon Ranch Owner Association, is present.

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

Plaintiff’s exhibits 1 through 8 and Defendant’s exhibits 9 through 16 are marked for
identification.

Upon stipulation of the parties, Plaintiff’s exhibits 2 through 8 and Defendant’s exhibits 9
through 16 are received in evidence.

Opening statements are presented.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

11/14/2016

Docket Code 020
Form V000A
Page 2

Deanna Tatman is sworn and testifies.

Plaintiff offers exhibit 1 in evidence with the objection of Defendant.

Further testimony of the witness Deanna Tatman is provided regarding the objection to
exhibit 1.

Plaintiff’s exhibit 1 is received in evidence.

Portions of Defendant’s Response to Plaintiff’s First Set of Interrogatories and Request
for Admission are read to the Court by counsel for Plaintiff.

Counsel for Plaintiff orally moves for a motion to dismiss.

Argument is held.

IT IS ORDERED denying said motion.

Pamela J. Allen is sworn and testifies.

Closing statements are presented.

IT IS FURTHER ORDERED taking this matter under advisement.

11:01 a.m. Trial concludes.

Michael K. Jeanes, Clerk of Court

*** Filed ***

12/08/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

11/28/2016

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. DAVID K. UDALL
L. Popovic

Deputy

NORTH CANYON RANCH OWNERS
ASSOCIATION
SAMUEL C RICHARDSON

v.

PAMELA J ALLEN, et al.
DENNIS BROOKSHIRE

BANK OF AMERICA NATIONAL
ASSOCIATION
NO ADDRESS ON RECORD
FIRST NATIONAL OF NEBRASKA INC
NO ADDRESS ON RECORD
FIRST INTERNATIONAL OF
NEBRASKA INC
NO ADDRESS ON RECORD

RULING

The Court, having taken this matter under advisement after trial was held on November
14, 2016, and the Court having considered the pleadings, the evidence, the testimony of the
witnesses and the arguments of counsel, makes the following findings and enters the following
order:

THE COURT FINDS that North Canyon Ranch Owners Association is a homeowners
association located in Maricopa County, Arizona.

THE COURT FINDS that there are Declarations of Covenants, Conditions and
Restrictions applicable to all homeowners.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

11/28/2016

Docket Code 019
Form V000A
Page 2

THE COURT FURTHER FINDS that Defendant, Pamela J. Allen, is the owner of the
property located at 3951 West Electra Lane, Glendale, Arizona, which is located within the
homeowners association.

THE COURT FURTHER FINDS that on or around June 9, 2010, the Defendant failed to
pay her assessments and that liens were levied against her property for back payments, attorney’s
fees, and interest.

THE COURT FURTHER FINDS that on November 5, 2013, the Defendant filed for
protection of the U.S. Bankruptcy Court in the District of Arizona. Case number 2:13-BK-
19249-PS.

THE COURT FURTHER FINDS that the Association was an unsecured creditor in the
bankruptcy proceeding.

THE COURT FURTHER FINDS that prior to the bankruptcy proceeding the Defendant
owed $5,775.08.

THE COURT FURTHER FINDS that the bankruptcy was discharged on February 18,
2014.

THE COURT FURTHER FINDS that Defendant’s prior debts no longer exist as of that
day.

THE COURT FURTHER FINDS that the Plaintiff sued the Defendant for the same
association and attorney’s fees in the Justice Court, North Valley Precinct, Maricopa County,
Case Number CC2013-062672.

THE COURT FURTHER FINDS that in that matter all issues prior to the bankruptcy
were resolved and that the Defendant was ordered to pay $400.00 to Plaintiff, which included its
attorney’s fees and costs.

THE COURT FURTHER FINDS that all claims by Plaintiff arising from October 1,
2013, were adjudicated in this matter in Justice Court.

THE COURT FURTHER FINDS that Plaintiff had the right to foreclose under those
facts but chose not to do that.

THE COURT FURTHER FINDS that the doctrine of Res Judicata prevents the Plaintiff
from collecting on any fees, costs, or fines associated with the Justice Court matter.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2014-097453

11/28/2016

Docket Code 019
Form V000A
Page 3

THE COURT FURTHER FINDS that post bankruptcy, since the discharge date of
February 18, 2014, the Defendant is current in all of her obligations.

THE COURT FURTHER FINDS that the bankruptcy code 11 USC § 524 prohibits the
collection of personal debt that has been previously discharged.

THE COURT FURTHER FINDS that the code would prohibit the Plaintiff from
collecting old attorney’s fees incurred prior to the filing of the Petition for Bankruptcy.

THE COURT FURTHER FINDS that the Plaintiff has failed to meet their burden of
proof.

IT IS ORDERED dismissing this case with prejudice.

Done this 28th day of November.

/ s / HONORABLE DAVID K. UDALL

HONORABLE DAVID K. UDALL
JUDICIAL OFFICER OF THE SUPERIOR COURT

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