03/17/2016 — CV2016091629 COMMUNITY ASSOCIATION, PALM VALLEY 03/17/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/21/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-091629
03/17/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
PALM VALLEY COMMUNITY ASSOCIATION MARK W WALDRON
v.
FARHAD PATNY, et al.
DENNIS J SKARECKY
CORTEZ INVESTMENT CO L L C
C/O DAVID HAMEROFF
3443 E FORT LOWELL ROAD
TUCSON AZ 85716
AMERICAN EXPRESS COMPANY
C/O CT CORPORATION
3800 N CENTRAL #460
PHOENIX AZ 85012
COPPER STATE FINANCIAL
MANAGEMENT L L C
C/O DAVID HAMEROFF
3443 E FORT LOWELL ROAD
TUCSON AZ 85716
COMM. BENNY
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application for Entry of Default against
Defendants American Express Company dba American Express Bank, FSB, Cortez
Investment Co., LLC, and Copper State Financial Management, LLC, in the above-
captioned case.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-091629
03/17/2016
Docket Code 023
Form V000A
Page 2
IT IS ORDERED that no action will be taken by this division on the above referenced
document(s).
The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Margaret Benny.
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
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.
04/22/2016 — CV2016091629 COMMUNITY ASSOCIATION, PALM VALLEY 04/22/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-091629
04/22/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
PALM VALLEY COMMUNITY ASSOCIATION MARK W WALDRON
v.
FARHAD PATNY, et al.
DENNIS J SKARECKY
RULING
The Court has read the following:
Plaintiff’s Motion to Dismiss Third Party Complaint electronically filed on March 28,
2016;
Patny’s Response to “Motion to Dismiss Third-Party Complaint” electronically filed
on April 8, 2016; and
Plaintiff’s Reply on Motion to Dismiss Third Party Complaint electronically filed on
April 20, 2016.
The Court is of the opinion that the parties have fully and adequately briefed the issue(s)
in their pleadings and therefore oral argument would not assist the Court. Consequently,
pursuant to Rule 7.1(c), Arizona Rule of Civil Procedure, the Court will resolve the motion
without oral argument.
The Court finds as a matter of law that the Third Party Complaint is barred by the
running of the one-year statute of limitations and for the additional grounds set forth by the
Movant.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-091629
04/22/2016
Docket Code 019
Form V000A
Page 2
IT IS ORDERED granting the Motion to Dismiss, with prejudice.
IT IS FURTHER ORDERED Plaintiff’s counsel shall submit for the Court’s review
and signature an appropriate form of Judgment by May 12, 2016.
Any responses/objections thereto shall be filed in accordance with the Arizona Rules of
Civil Procedure.
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATION BY THE
COURT.
