06/01/2015 — CV2015090368 LAKES COMMUNITY ASSOCIATION, THE, VAL VISTA 06/01/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/03/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-090368
06/01/2015
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
MICHAEL MCMULLEN
DAVID E JOHNSON
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
HEATHER E BUSHOR
KRAIG J MARTON
DUSTIN MITCHELL
NO ADDRESS ON RECORD
DOCKET-CIVIL-SE
MINUTE ENTRY
The Court has received and reviewed Defendants Jennifer E. Grossman’s and Gary M.
Grossman’s Rule 19 Motion to Join Plaintiff’s Wife, Anna McMullen, as an Indispensable Party
and the Joinder in the motion filed by Defendants The Val Vista Lakes Community Association,
Cheryl McCoy and Todd McCoy, Robert J. Actis and Nicole Actis and Marci Johnson and Reed
Johnson. There being no response or objection, Defendants Jennifer E. Grossman’s and Gary M.
Grossman’s Rule 19 Motion to Join Plaintiff’s Wife, Anna McMullen, as an Indispensable Party
is deemed consented to pursuant to Rule 7.1(b) ARCP.
IT IS ORDERED granting Defendants’ Motion and directing that the caption be
amended accordingly and that notice be provided to Plaintiff.
06/04/2015 — CV2015090368 LAKES COMMUNITY ASSOCIATION, THE, VAL VISTA 06/04/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/08/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-090368
06/04/2015
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
MICHAEL MCMULLEN, et al.
DAVID E JOHNSON
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
HEATHER E BUSHOR
KRAIG J MARTON
ANNA MCMULLEN
NO ADDRESS ON RECORD
DUSTIN MITCHELL
NO ADDRESS ON RECORD
ORAL ARGUMENT SET
The Court has received and reviewed Defendants Jennifer E. Grossman’s and Gary M.
Grossman’s Motion for Summary Judgment along with Plaintiff’s Response and Cross-Motion for
Partial Summary Judgment.
IT IS ORDERED setting an Oral Argument re: Defendants Grossman’s Motion for
Summary Judgment and Plaintiff’s Cross-Motion for Partial Summary Judgment on August 14,
2015 at 4:00 p.m. (allotted time: 1 hour) before:
HONORABLE DAVID TALAMANTE
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 207
MESA AZ 85210
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-090368
06/04/2015
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 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.
08/06/2015 — CV2015090368 LAKES COMMUNITY ASSOCIATION, THE, VAL VISTA 08/06/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/10/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-090368
08/06/2015
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
MICHAEL MCMULLEN, et al.
DAVID E JOHNSON
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
HEATHER E BUSHOR
KRAIG J MARTON
ANNA MCMULLEN
NO ADDRESS ON RECORD
DUSTIN MITCHELL
NO ADDRESS ON RECORD
ORAL ARGUMENT SET
The Court has received and reviewed Defendants The Val Vista Lakes Community
Association, Cheryl McCoy and Todd McCoy, Robert J. Actis and Nicole Actis, and Marci Johnson
and Reed Johnson’s Motion for Summary Judgment along with Plaintiffs’ Response.
IT IS ORDERED setting Oral Argument re: Defendants’ Motion for Summary
Judgment on August 14, 2015 at 4:00 p.m. (allotted time: 1 hour) to be heard along with
Defendants Grossman’s Motion for Summary Judgment and Plaintiff’s Cross-Motion for Partial
Summary Judgment previously set for that same date and time.
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 2015-090368
08/06/2015
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 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.
08/14/2015 — CV2015090368 LAKES COMMUNITY ASSOCIATION, THE, VAL VISTA 08/14/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/19/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-090368
08/14/2015
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
MICHAEL MCMULLEN, et al.
DAVID E JOHNSON
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
J GARY LINDER
KRAIG J MARTON
DUSTIN MITCHELL
NO ADDRESS ON RECORD
HEATHER E BUSHOR
JEFFREY A SILENCE
MINUTE ENTRY
Courtroom 207 – SEA
4:09 p.m. This is the time set for Oral Argument re: Defendants The Val Vista Lakes
Community Association, Cheryl McCoy and Todd McCoy, Robert J. Actis and Nicole Actis, and
Marci Johnson and Reed Johnson’s Motion for Summary Judgment, Defendants Grossman’s
Motion for Summary Judgment and Plaintiff’s Cross-Motion for Partial Summary Judgment.
Counsel, David E. Johnson, is present on behalf of Plaintiff (Michael McMullen is also present).
Counsel, J. Gary Linder, is present on behalf of Defendants The Val Vista Lakes Community
Association, Cheryl McCoy and Todd McCoy, Robert J. Actis and Nicole Actis, and Marci
Johnson and Reed Johnson. Counsel, Kraig J. Marton, is present on behalf of Defendants
Grossman, who are also present.
A record of the proceeding is made by audio and/or videotape in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-090368
08/14/2015
Docket Code 020
Form V000A
Page 2
The Court has reviewed the case file and the pleadings filed by the parties. Based on that
review, the Court states its inclinations on the record.
IT IS ORDERED to the extent that Plaintiff’s Motion to Strike Defendant Grossman’s
Untimely Reply in Support of Motion for Summary Judgment is still at issue, the Motion is
denied.
Oral argument is presented.
Having considered the arguments of counsel and the memoranda of the parties,
For purposes of these proceedings,
THE COURT FINDS that Plaintiff is a public figure.
To the extent that defamatory statements have been made by the Defendants against the
Plaintiff, the Court finds that there is no evidence to support that Plaintiff did or would have
given consent to the making of those statements by his participation at the board meetings.
IT IS ORDERED denying Plaintiff’s Cross-Motion for Partial Summary Judgment.
With regard to Defendants The Val Vista Lakes Community Association, Cheryl McCoy
and Todd McCoy, Robert J. Actis and Nicole Actis, and Marci Johnson and Reed Johnson’s
Motion for Summary Judgment and Defendants Grossman’s Motion for Summary Judgment, for
the reasons set forth in the motions,
IT IS ORDERED granting the Motion for Summary Judgment as it applies to The Val
Vista Lakes Community Association and Defendants Johnson.
With regard to allegation of the HOA terrorism, the Court does not find the statement to
be defamatory.
IT IS ORDERED granting the Motion for Summary Judgment as it applies to
Defendants Grossman and HOA terrorism.
IT IS ORDERED taking the stalking allegation relating to Defendants McCoy and Actis
and the allegation that Plaintiff committed a crime by the hacking of the HOA website that
resulted in the mass mailing to the rest of the Association under advisement.
5:09 p.m. Matter concludes.
09/15/2015 — CV2015090368 LAKES COMMUNITY ASSOCIATION, THE, VAL VISTA 09/15/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/18/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-090368
09/15/2015
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
MICHAEL MCMULLEN, et al.
DAVID E JOHNSON
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
J GARY LINDER
KRAIG J MARTON
DUSTIN MITCHELL
NO ADDRESS ON RECORD
HEATHER E BUSHOR
JEFFREY A SILENCE
UNDER ADVISEMENT RULING
Following up on the Court’s minute entry of August 14, 2015; for the reasons set forth on
the record and in Defendants’ Motions,
IT IS ORDERED granting the Motion for Summary Judgment as it relates to “stalking
allegations” attributed to Defendants McCoy and Actis.
IT IS FURTHER ORDERED granting the Motion for Summary Judgment as it relates
to Defendant Grossman and the allegation relating to the “hacking” of the HOA website.
IT IS FURTHER ORDERED denying Defendants’ request for sanctions pursuant to
Rule 11 and A.R.S. §12-349.
IT IS FURTHER ORDERED directing Defendants to submit a final form of Order no
later than October 8, 2015.
12/10/2015 — CV2015090368 LAKES COMMUNITY ASSOCIATION, THE, VAL VISTA 12/10/2015 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/16/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-090368
12/10/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
MICHAEL MCMULLEN, et al.
DAVID E JOHNSON
v.
VAL VISTA LAKES COMMUNITY
ASSOCIATION, THE, et al.
J GARY LINDER
KRAIG J MARTON
DUSTIN MITCHELL
NO ADDRESS ON RECORD
HEATHER E BUSHOR
JEFFREY A SILENCE
MINUTE ENTRY
The Court has received and reviewed Defendant Grossman’s Statement of Costs filed on
November 2, 2015 and November 10, 2015. In light of the Satisfaction of Judgment filed on
November 6, 2015, the Court will take no action as to Defendant Grossman’s Statement of Costs.
