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Maricopa County Superior Court Case CV2015-095897: public docket details, parties, minute entries, documents, and official source links for Turtle Rock I I I Homeowners Association.

Case Number

CV2015-095897

County

Maricopa

Caption

Not captured

Filed

11/4/2015

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 ***

01/05/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

01/04/2016

Docket Code 023
Form V000A
Page 1

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

Deputy

TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
SCOTT L POTTER

v.

LYNNE A FISHER
ERIN SELENE IUNGERICH

COMM. BENNY

MINUTE ENTRY

This Division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) LYNNE A. FISHER 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, 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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

01/04/2016

Docket Code 023
Form V000A
Page 2

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/howDoI.asp

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/07/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

01/05/2016

Docket Code 056
Form V000A
Page 1

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

Deputy

TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN

v.

LYNNE A FISHER
ERIN SELENE IUNGERICH

RETURN HEARING SET

The Court having received this matter by way of reassignment and Plaintiff having filed
an Application for Preliminary and Permanent Injunction on November 4, 2015,

IT IS ORDERED setting a Return Hearing re: Plaintiff’s Application for Preliminary
and Permanent Injunction on January 20, 2016 at 1:30 p.m. (30 minutes allotted) in this
Division at:

Maricopa County Superior Court
Southeast Adult Facility
222 E. Javelina Dr.
Courtroom 207
Mesa, AZ 85210

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 ***

01/22/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

01/20/2016

Docket Code 028
Form V000A
Page 1

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

Deputy

TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN

v.

LYNNE A FISHER
ERIN SELENE IUNGERICH

SCOTT L POTTER

MINUTE ENTRY

Courtroom 207 – SEA

1:35 p.m. This is the time set for Return Hearing re: Plaintiff’s Application for
Preliminary and Permanent Injunction. Counsel, Clint G. Goodman, is present on behalf of
Plaintiff. Counsel, Erin S. Iungerich, is present on behalf of Defendant.

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 Plaintiff advises the Court that several of the violations have been remedied
and that the parties will confer and discuss the remaining violations.

Counsel request that a Telephonic Status Conference be set in 30 days to address the
status of the case and the parties’ settlement negotiations.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

01/20/2016

Docket Code 028
Form V000A
Page 2

IT IS ORDERED setting a Telephonic Status Conference re: status of the case and the
parties’ settlement negotiations on February 26, 2016 at 9:15 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 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.

IT IS ORDERED that the parties are to exchange Rule 26.1 disclosure statements no
later than March 11, 2016.

IT IS FURTHER ORDERED setting this matter for an Evidentiary Hearing re:
monetary penalties and any additional issues on April 15, 2016 at 10:00 a.m. (1 hour allotted)
before:

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

LET THE RECORD REFLECT if the violations are still at issue, the Court may need
to expand the hearing time, which will be addressed at the Telephonic Status Conference.

IT IS ORDERED that counsel and self-represented litigants (“the parties”) are directed
to personally meet no later than March 31, 2016 to exchange exhibits and discuss the exhibits
prior to submitting them to the Court. At this meeting, the parties’ shall attempt to agree on

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

01/20/2016

Docket Code 028
Form V000A
Page 3

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 April 8, 2016.
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.

1:41 p.m. Hearing concludes.

LATER:

LET THE RECORD REFLECT the Evidentiary Hearing was initially set for April 8,
2016 at 1:30 p.m. At the conclusion of the hearing, due to a calendar conflict, the Court reset the
Evidentiary Hearing to April 15, 2016 at 10:00 a.m.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

02/26/2016

Docket Code 023
Form V000A
Page 1

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

Deputy

TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN

v.

LYNNE A FISHER
ERIN SELENE IUNGERICH

J ROGER WOOD

MINUTE ENTRY

Courtroom 207 – SEA

9:15 a.m. This is the time set for Telephonic Status Conference re: status of the case and
the parties’ settlement negotiations. Counsel, Clint G. Goodman, appears telephonically on
behalf of Plaintiff. Counsel, J. Roger Wood, appears telephonically on behalf of Defendant.

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 Plaintiff advises the Court that, despite several attempts, he has not been able
to confer with defense counsel to discuss the remaining violations.

IT IS ORDERED affirming the Evidentiary Hearing re: monetary penalties and any
additional issues set for April 15, 2016 at 10:00 a.m. (1 hour allotted).

IT IS FURTHER ORDERED if the parties settle the matter, they shall contact this
Division so the hearing can be vacated.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

02/26/2016

Docket Code 023
Form V000A
Page 2

IT IS FURTHER ORDERED affirming that the parties are to exchange Rule 26.1
disclosure statements no later than March 11, 2016.

IT IS FURTHER ORDERED that a 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 April 11,
2016.

IT IS FURTHER ORDERED affirming 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 8,
2016. 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.

9:18 a.m. Conference concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/15/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

03/11/2016

Docket Code 023
Form V000A
Page 1

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

Deputy

TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN

v.

LYNNE A FISHER
ERIN SELENE IUNGERICH

J ROGER WOOD

MINUTE ENTRY

The Court has received and reviewed Plaintiff’s Request for Clarification filed on March
1, 2016.

IT IS ORDERED that the Evidentiary Hearing set for April 15, 2016 at 10:00 a.m. (1
hour allotted) will relate to monetary penalties and injunctive relief. The Court intends to
proceed with both the preliminary injunction and trial on the merits.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/19/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

04/15/2016

Docket Code 019
Form V000A
Page 1

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

Deputy

TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN

v.

LYNNE A FISHER
ERIN SELENE IUNGERICH

J ROGER WOOD
SCOTT L POTTER

MINUTE ENTRY

Courtroom 207 – SEA

Prior to the commencement of today’s proceeding, Plaintiff’s exhibits 1-5 are marked for
identification.

10:16 a.m. This is the time set for Evidentiary Hearing re: Plaintiff’s request for monetary
penalties and injunctive relief. Counsel, Clint G. Goodman, is present on behalf of Plaintiff
(members, Annette Milauskas and Verl Curtiss, are present). Counsel, J. Roger Wood, is present
on behalf of Defendant, who is not present.

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 address the Court regarding the circumstances of this case.

Pursuant to the stipulation of counsel,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

04/15/2016

Docket Code 019
Form V000A
Page 2

Plaintiff’s exhibits 1-5 are received in evidence.

Plaintiff’s case:

Verl Curtiss is sworn and testifies.

The witness is excused.

Plaintiff rests.

Defendant waives presentation of testimony.

Closing arguments are presented.

With regard to the outstanding violations, there being no objection,

IT IS ORDERED that the backyard door be replaced with an appropriate exterior door
that closes, latches and locks. Defendant is allowed through May 27, 2016 to replace the door.

IT IS ORDERED that the Defendant continue to be diligent in ensuring that the front
and back yard is kept clean so that weeds do not become out of control.

IT IS FURTHER ORDERED that Defendant is to remove the sun screen placed on the
front window and replace the dilapidated blinds with blinds that close properly so as not to
permit view into the interior of the residence.

IT IS FURTHER ORDERED if there are items in the interior of the residence that
prevent the blinds from closing properly or operating in their normal manner, those items are to
be removed or pulled back from proximity of the blinds.

The Court recommends that the Association reconsider their posting policy regarding fine
assessment so that the fines are not actually posted to the account until after 30 days from the
date that notice is given of the violation and an opportunity to cure.

THE COURT FINDS that notwithstanding what appears to be some deviation from the
30 day requirement, the postings have been made retroactive of the second letter of violation.
There has been no violation of the 30 day notice requirement.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

04/15/2016

Docket Code 019
Form V000A
Page 3

With regard to the Rules and Regulations, counsel for Defendant is correct that no written
evidence has been presented to support the fine schedule. However, the Court finds Ms. Curtiss’
testimony sufficient under the circumstances to support as a matter of evidence the fine
assessment of $25.00 per day.

IT IS ORDERED directing Plaintiff to provide Defendant with a copy of the Rules and
Regulations that sets out the fine assessment of $25.00 per day.

THE COURT FINDS that the Association is entitled to an award of attorneys’ fees for
enforcement of the CC & R’s.

IT IS ORDERED directing Plaintiff to submit a final form of Judgment along with a
Statement of Costs no later than April 25, 2016. Defendant may respond or object to the form of
Order or any of the requested costs. The Court will rule on the matter without further argument.

With regard to the fines assessed, at the time that the Association submits its request for
fines, based on the violations that occurred, the Court will consider any arguments made with
regard to the reasonableness of the fine schedule.

11:25 a.m. Hearing concludes.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

08/14/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

08/10/2018

Docket Code 028
Form V000A
Page 1

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

Deputy

TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN

v.

LYNNE A FISHER
LYNNE A FISHER
901 E MICHIGAN AVE
PHOENIX AZ 85022

ASHLEY N MOSCARELLO
JUDGE TALAMANTE

STATUS CONFERENCE SET

The Court has received and reviewed Plaintiff’s Application for Order to Show Cause
filed on August 1, 2018. After a review of the Court’s file,

IT IS ORDERED denying Plaintiff’s Application for Order to Show Cause.

The Court notes that a Mandate from the Court of Appeals has been issued in this matter.

IT IS ORDERED setting a Status Conference re: Court of Appeals Mandate and to
discuss the enforcement of the Court’s prior orders on September 25, 2018 at 9:00 a.m. (30
minutes allotted) in this Division at:

Maricopa County Superior Court
Southeast Adult Facility
222 E. Javelina Dr.
Courtroom 207
Mesa, AZ 85210

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

08/10/2018

Docket Code 028
Form V000A
Page 2

LET THE RECORD REFLECT the Status Conference will be conducted in person.

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.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

09/26/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

09/25/2018

Docket Code 056
Form V000A
Page 1

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

Deputy

TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN

v.

LYNNE A FISHER
LYNNE A FISHER
901 E MICHIGAN AVE
PHOENIX AZ 85022

ASHLEY N MOSCARELLO
JUDGE TALAMANTE

MINUTE ENTRY

Courtroom 207 – SEF

9:10 a.m. This is the time set for Status Conference re: Court of Appeals Mandate and to
discuss enforcement of the Court’s prior orders. Counsel, Clint G. Goodman, is present on
behalf of Plaintiff. Defendant, Lynne A. Fisher, is neither present nor represented.

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

LET THE RECORD REFLECT today’s proceedings were scheduled to begin at 9:00
a.m. It is now 9:11 a.m., Defendant has failed to appear. The Court will proceed in Defendant’s
absence.

The Court has reviewed the case file and the memoranda filed by counsel. Based on the
Court’s review of the Court of Appeals Remand and Mandate, the Court is required to vacate the
prior Judgment awarding Plaintiff attorneys’ fees and monetary penalties.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

09/25/2018

Docket Code 056
Form V000A
Page 2

IT IS THEREFORE ORDERED vacating the Order and Judgment filed on June 8,
2016 insofar as it awards attorneys’ fees to Plaintiff in the amount of $10,839.70 and monetary
penalties in the amount of $3,850.00. The award of costs in the amount of $474.00 is affirmed.

Counsel for Plaintiff advises the Court that Defendant has failed to cure the violations
indicated in the Order and Judgment.

IT IS ORDERED directing counsel for Plaintiff to submit a form of Order to Show
Cause including the Return Hearing date and what specific actions Defendant must take to cure
the violations. The form of Order shall be submitted no later than October 9, 2018.

IT IS FURTHER ORDERED setting an Order to Show Cause Hearing re: contempt on
November 29, 2018 at 1:30 p.m. in this Division at:

Maricopa County Superior Court
Southeast Adult Facility
222 E. Javelina Dr.
Courtroom 207
Mesa, AZ 85210

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.

9:19 a.m. Conference concludes.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

12/03/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

11/29/2018

Docket Code 023
Form V000A
Page 1

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

Deputy

TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN

v.

LYNNE A FISHER
LYNNE A FISHER
1117 E WAGONER RD
PHOENIX AZ 85022

ASHLEY N MOSCARELLO
JUDGE TALAMANTE

MINUTE ENTRY

Courtroom 207 – SEF

Prior to the commencement of today’s proceeding, Plaintiff’s exhibits 1 and 2 are marked
for identification.

1:31 p.m. This is the time set for Order to Show Cause re: contempt. Counsel, Clint G.
Goodman, is present on behalf of Plaintiff (Community Manager, Michael Reily, is present).
Defendant, Lynne A. Fisher, appears telephonically on her own behalf.

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 counsel.

Counsel for Plaintiff advises the Court that the weeds have been removed from the front
of the residence but not the backyard and the window violations remain uncured.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

11/29/2018

Docket Code 023
Form V000A
Page 2

Defendant requests a continuance of today’s proceeding due to her appearance at the
Downtown Court Complex despite this Court’s address appearing in the Minute Entry dated
September 25, 2018.

IT IS ORDERED directing Defendant to comply with the Order to Show Cause signed
by the Court on October 4, 2018 on or before December 18, 2018. If Defendant fails to comply,
Plaintiff may use self-help remedies to cure the violations.

Counsel for Plaintiff requests imposition of self-help remedies relating to the backyard
weeds issue.

IT IS ORDERED directing counsel for Plaintiff to prepare and submit a form of Order
consistent with the Court’s order including the requested self-help remedies no later than
December 18, 2018. Defendant may respond or object to the form of Order. The Court will rule
on the matter without further argument.

Pursuant to the orders 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)

1:38 p.m. Hearing concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/18/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-095897

12/16/2015

Docket Code 066
Form V000A
Page 1

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

Deputy

TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
SCOTT L POTTER

v.

LYNNE A FISHER
ERIN SELENE IUNGERICH

COURT ADMIN-CIVIL-CCC
JUDGE TALAMANTE
JUDGE UDALL

CASE REASSIGNMENT - CIVIL PRESIDING JUDGE

This case was previously assigned to the Honorable David Udall. A Notice of Change of
Judge has been filed by Defendant. 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 20 days of the date of this order.

IT IS FURTHER ORDERED that any and all hearings set by the noticed judge are
vacated, to be reset by the new division.

IT IS FURTHER ORDERED that the parties shall jointly file within 10 days of the
date of this minute entry, a notice with the new division listing any outstanding motions
(including the file dates), whether they are ripe for resolution, and any hearings that need to be
reset.

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