04/27/2018 — CV2015094238 ASSOCIATION, TROON NORTH 04/27/2018 HONORABLE SUSAN M. BRNOVICH View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
05/01/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094238
04/27/2018
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SUSAN M. BRNOVICH
K. Hartley
Deputy
TROON NORTH ASSOCIATION
SCOTT CARPENTER
v.
P P V N DEVELOPERS LIMITED
PARTNERSHIP, et al.
FREDERICK E DAVIDSON
MINUTE ENTRY
A Judgment was electronically signed by the Court on April 17, 2018 and filed (entered)
by the Clerk on April 18, 2018 that referenced “Exhibit A” on page 1. However, “Exhibit A”
was not attached to the Judgment.
IT IS THEREFORE ORDERED filing the Final Award with attachments to be included
by reference as “Exhibit A” to the Judgment filed on April 18, 2018.
06/15/2017 — CV2015094238 ASSOCIATION, TROON NORTH 06/15/2017 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
06/19/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094238
06/15/2017
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
TROON NORTH ASSOCIATION
SCOTT CARPENTER
v.
P P V N DEVELOPERS LIMITED
PARTNERSHIP, et al.
FREDERICK E DAVIDSON
CASE DISMISSED
A review of the file in this matter indicates that by order signed by the Court on February
24, 2017, this case was placed on the Dismissal Calendar, for dismissal without further notice on
May 25, 2017, unless prior to that date a certain action was taken. No action having been taken,
IT IS ORDERED dismissing without prejudice all claims in this matter that have not
previously been reduced to a judgment or dismissed with prejudice.
IT IS FURTHER ORDERED signing this minute entry as a final written order of the
Court. The Court notes that no further matters remain pending and the order is entered
pursuant to Rule 54(c) of the Arizona Rules of Civil Procedure.
DATED this 15th day of June 2017.
/S/ HONORABLE ROBERT H. OBERBILLIG
______________________________________________________________
HONORABLE ROBERT H. OBERBILLIG
JUDICIAL OFFICER OF THE SUPERIOR COURT
09/15/2015 — CV2015094238 ASSOCIATION, TROON NORTH 09/15/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/17/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094238
09/15/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
TROON NORTH ASSOCIATION
SCOTT CARPENTER
v.
P P V N DEVELOPERS LIMITED
PARTNERSHIP, et al.
P P V N DEVELOPERS LIMITED
PARTNERSHIP
NO ADDRESS ON RECORD
S R E F TROON L L C
NO ADDRESS ON RECORD
SCOTT A GOULD
NO ADDRESS ON RECORD
COMM. BENNY
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application for Entry of Default as to
Defendant SREF Troon, LLC.
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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094238
09/15/2015
Docket Code 023
Form V000A
Page 2
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 Commissioner Benny’s
division for the entry of a default judgment.
IT IS FURTHER ORDERED no further action will be taken by Commissioner Benny
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:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp.
The parties/counsel can find additional information in the form of frequently asked
questions:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp.
09/23/2015 — CV2015094238 ASSOCIATION, TROON NORTH 09/23/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094238
09/23/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
TROON NORTH ASSOCIATION
SCOTT CARPENTER
v.
P P V N DEVELOPERS LIMITED
PARTNERSHIP, et al.
P P V N DEVELOPERS LIMITED
PARTNERSHIP
400 E VAN BUREN 19TH FLOOR
PHOENIX AZ 85004
S R E F TROON L L C
C/O NATIONAL PORTFOLIO INC
2944 N 44TH ST #250
PHOENIX AZ 85018
SCOTT A GOULD
4028 E MITCHELL DR
PHOENIX AZ 85018
COMM. BENNY
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application for Entry of Default as to
Defendant Scott A. Gould 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 2015-094238
09/23/2015
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 Commissioner Benny’s
division for the entry of a default judgment.
IT IS FURTHER ORDERED no further action will be taken by Commissioner Benny
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:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp.
The parties/counsel can find additional information in the form of frequently asked
questions:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp.
11/02/2015 — CV2015094238 ASSOCIATION, TROON NORTH 11/02/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/04/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094238
11/02/2015
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
TROON NORTH ASSOCIATION
SCOTT CARPENTER
v.
P P V N DEVELOPERS LIMITED
PARTNERSHIP, et al.
FREDERICK E DAVIDSON
ORAL ARGUMENT SET
The Court has read the following:
Defendants’ Motion to Dismiss & Compel Arbitration electronically filed on
September 23, 2015;
Plaintiff’s Response to Defendants’ Motion to Dismiss and Compel Arbitration
electronically filed on October 9, 2015;
Defendants’ Reply in Support of Motion to Dismiss & Compel Arbitration
electronically filed on October 21, 2015;
Plaintiff’s Conditional Request to Conduct Discovery electronically filed on October
12, 2015; and
Defendants’ Response to Plaintiff’s Conditional Request to Conduct Discovery
electronically filed on November 2, 2015.
Good cause appearing,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094238
11/02/2015
Docket Code 094
Form V000A
Page 2
IT IS ORDERED setting Oral Argument on November 24, 2015, at 9:00 a.m. (30
minutes allotted) in this division.
Oral argument shall be limited to 30 minutes, with the time divided equally between the
parties. Counsel and the parties, if representing themselves, are to appear in person before:
The Honorable Robert H. Oberbillig
Maricopa County Superior Court
Southeast Judicial District
222 E. Javelina Avenue
Courtroom 206
Mesa, Arizona 85210
(602) 506.2194
The parties/attorneys are advised that failure to appear for the hearing may result
in sanctions, including dismissal of the action per Rule 16(F), Arizona Rules of Civil
Procedure.
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.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the
party
should
also
email
same
to
the
Court’s
judicial
assistant
at
[email protected] and to [email protected].
COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS IN
WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.
11/24/2015 — CV2015094238 ASSOCIATION, TROON NORTH 11/24/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/25/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094238
11/24/2015
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
TROON NORTH ASSOCIATION
SCOTT CARPENTER
v.
P P V N DEVELOPERS LIMITED
PARTNERSHIP, et al.
FREDERICK E DAVIDSON
ORAL ARGUMENT
___________________________________
PARTIAL DISMISSAL
DISMISSAL CALENDAR
Courtroom 206 SEF
8:54 a.m. This is the time set for oral argument regarding the following:
Defendants’ Motion to Dismiss & Compel Arbitration electronically filed on
September 23, 2015;
Plaintiff’s Response to Defendants’ Motion to Dismiss and Compel Arbitration
electronically filed on October 9, 2015;
Defendants’ Reply in Support of Motion to Dismiss & Compel Arbitration
electronically filed on October 21, 2015;
Plaintiff’s Conditional Request to Conduct Discovery electronically filed on October
12, 2015;
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094238
11/24/2015
Docket Code 375
Form V000A
Page 2
Defendants’ Response to Plaintiff’s Conditional Request to Conduct Discovery
electronically filed on November 2, 2015; and
Reply in Support of Plaintiff’s Conditional Request to Conduct Discovery
electronically filed on November 13, 2015.
Plaintiff is represented by counsel, Scott Carpenter and Kellie J. Callahan. Defendants
are represented by counsel, Frederick E. Davidson and Chad R. Kaffer.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held.
Oral argument is presented.
The Court states his findings on the record and rules as follows.
IT IS ORDERED granting Defendants’ Motion to Compel Arbitration.
As to Defendant SREF Troon, LLC,
IT IS ORDERED granting Defendants’ Motion to Dismiss and Defendant SREF Troon,
LLC, is dismissed, without prejudice.
As to Defendant PPVN Developers Limited Partnership,
IT IS ORDERED denying Defendants’ Motion to Dismiss.
IT IS FURTHER ORDERED entering a stay in this case and the proceedings are stayed
until August 22, 2016.
IT IS FURTHER ORDERED placing this matter on the Dismissal Calendar, for dismissal
without further notice on August 22, 2016, unless prior thereto a judgment is entered or filed, a
stipulation of dismissal is presented, or a motion to extend the stay is filed.
IT IS FURTHER ORDERED denying Plaintiff’s Conditional Request to Conduct
Discovery.
IT IS FURTHER ORDERED that by December 21, 2015, Defendants’ counsel shall
submit for the Court’s review and signature a form of order consistent with the Court’s rulings,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-094238
11/24/2015
Docket Code 375
Form V000A
Page 3
approved as to form. If the order is not approved as to form, any response/objection thereto shall
be filed by January 20, 2016.
9:42 a.m. Hearing concludes.