01/10/2017 — CV2016092406 ESTATES VILLAGE ASSOCIATION, ARIZONA BILTMORE 01/10/2017 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/11/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-092406
01/10/2017
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
T. Cooley
Deputy
ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
GARRY J SHUSTER NO 2 FAMILY L L P
TYLER Q SWENSEN
MINUTE ENTRY
The Court has considered Plaintiff’s Notice of Settlement. The Court thanks the parties
for their efforts in resolving this matter short of trial.
IT IS ORDERED, this matter will be dismissed without further notice unless a stipulation
to dismiss is filed, the parties file a written Rule 80(d) agreement containing all material terms,
or unless the parties have stipulated on the record in open court to their settlement terms before
March 13, 2017. The parties may file a written Rule 80(d) agreement under seal if they wish. A
date to enter a Rule 80(d) agreement on the record may be obtained by calling this Division's
Judicial Assistant, Eileen Rosel, at 602 506-3963.
IT IS FURTHER ORDERED vacating the status conference set on January 5, 2017 in
this division.
06/24/2016 — CV2016092406 ESTATES VILLAGE ASSOCIATION, ARIZONA BILTMORE 06/24/2016 HONORABLE FRANK W. MOSKOWITZ View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/28/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-092406
06/24/2016
Docket Code 088
Form J000
Page 1
CLERK OF THE COURT
HONORABLE FRANK W. MOSKOWITZ
V. Stevens
Deputy
ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
GARRY J SHUSTER NO 2 FAMILY L L P
GARRY J SHUSTER NO 2 FAMILY L L
P
NO ADDRESS ON RECORD
JUDGE BERGIN
MINUTE ENTRY
The Court is in receipt of Plaintiff’s Verified Complaint (filed 6/17/16); Plaintiff’s
Certificate of Compulsory Arbitration (filed 6/17/16); Request for Preliminary and Permanent
Injunctions (filed 6/17/16); and Plaintiff’s Request to Schedule Hearing Re: Order to Show
Cause (filed 6/17/16).
IT IS ORDERED transferring this matter to:
THE HONORABLE DAWN BERGIN
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
7TH FLOOR, COURTROOM 713
PHOENIX, AZ 85003
602-372-2961
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-092406
06/24/2016
Docket Code 088
Form J000
Page 2
Pending: Plaintiff’s Verified Complaint (filed 6/17/16); Plaintiff’s Certificate of
Compulsory Arbitration (filed 6/17/16); Request for Preliminary and Permanent Injunctions
(filed 6/17/16); and Plaintiff’s Request to Schedule Hearing Re: Order to Show Cause (filed
6/17/16)
07/01/2016 — CV2016092406 ESTATES VILLAGE ASSOCIATION, ARIZONA BILTMORE 07/01/2016 HON. RANDALL H. WARNER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/06/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-092406
07/01/2016
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
GARRY J SHUSTER NO 2 FAMILY L L P
COURT ADMIN-CIVIL-CCC
DOCKET-CIVIL-CCC
JUDGE BERGIN
JUDGE HEGYI
JUDGE MOSKOWITZ
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case having been assigned to Judge Moskowitz in error,
IT IS ORDERED reassigning this case to Civil Calendar CVJ-04, the Honorable Hugh
Hegyi, for all further proceedings.
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.
IT IS FURTHER ORDERED vacating in its entirety the June 24, 2016 Case
Transferred Minute Entry (filed June 28, 2016) issued by Judge Moskowitz.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-092406
07/01/2016
Docket Code 066
Form V000A
Page 2
IT IS FURTHER ORDERED that the docket system be amended by Clerk of Court
staff to reflect that this case is assigned to the Central Court Complex.
SUPERIOR COURT OF MARICOPA COUNTY
CENTRAL COURT COMPLEX
201 WEST JEFFERSON
PHOENIX, ARIZONA 85003
07/15/2016 — CV2016092406 ESTATES VILLAGE ASSOCIATION, ARIZONA BILTMORE 07/15/2016 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/19/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-092406
07/15/2016
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
S. LaFontaine
Deputy
ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION
JONATHAN D EBERTSHAUSER
TYLER Q SWENSEN
v.
GARRY J SHUSTER NO 2 FAMILY L L P
COURT ADMIN-CIVIL-CCC
MINUTE ENTRY
Courtroom 714 ECB
9:06 a.m. This is the time set for a Hearing to Show Cause regarding The Application for
Injunctive Relief. Plaintiff, Arizona Biltmore Estates Village Association, is represented by
counsel, Jonathan D. Ebertshauser. Defendant, Garry J. Shuster, is represented telephonically by
counsel, Tyler Q. Swensen.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held with the Court regarding the status of the case.
Mr. Swensen is entering his appearance on behalf of Defendant, Garry Shuster.
IT IS ORDERD, by the parties request, continuing this hearing to August 24, 2016 at
9:00 a.m. (time allotted: 15 minutes) in this Division before:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-092406
07/15/2016
Docket Code 003
Form V000A
Page 2
THE HONORABLE HUGH E. HEGYI
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
7TH FLOOR, COURTROOM 714
PHOENIX, AZ 85003
602-506-3963 TEL
602-372-8636 FAX
9:09 a.m. Matter concludes.
08/24/2016 — CV2016092406 ESTATES VILLAGE ASSOCIATION, ARIZONA BILTMORE 08/24/2016 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-092406
08/24/2016
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
S. LaFontaine
Deputy
ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
GARRY J SHUSTER NO 2 FAMILY L L P
TYLER Q SWENSEN
MINUTE ENTRY
The Court having been informed through staff that parties are in need of a 30 day
extension and good cause appearing,
IT IS ORDERED vacating the Order to Show Cause Hearing regarding The Application
for Injunctive Relief set for August 24, 2016 and resetting the same for September 26, 2016 at 9
a.m. (Total time allotted: 15 minutes). Hearing to be heard before
THE HONORABLE HUGH E. HEGYI
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
7TH FLOOR, COURTROOM 714
PHOENIX, AZ 85003
602-506-3963 TEL
602-372-8636 FAX
Any counsel or party participating in the hearing must appear in person and may not
appear telephonically. Failure to appear may result in the Court granting the relief requested by
the other party without further notice.
10/18/2016 — CV2016092406 ESTATES VILLAGE ASSOCIATION, ARIZONA BILTMORE 10/18/2016 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/25/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-092406
10/18/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
S. LaFontaine
Deputy
ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
GARRY J SHUSTER NO 2 FAMILY L L P
TYLER Q SWENSEN
MINUTE ENTRY
The Court has considered Plaintiff’s September 22, 2016 Application for Attorneys’ Fees
and Costs (hereafter referred to as the "Motion", Defendant’s October 4, 2016 Objection to
Plaintiff's Statement of Costs, and Plaintiff's October 13, 2016 Reply in support of its
Motion. Good cause not appearing,
IT IS ORDERED, denying the Motion without prejudice as premature. The Court is
unaware of any motion or stipulation to dismiss this action, or to otherwise resolve
it. Consequently, the Court is unable to determine at this juncture if there is a "prevailing" party
within the meaning of the statutes and CC&R provisions cited by the Plaintiff and, if one exists,
which party has prevailed.
11/28/2016 — CV2016092406 ESTATES VILLAGE ASSOCIATION, ARIZONA BILTMORE 11/28/2016 HONORABLE HUGH HEGYI View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/30/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-092406
11/28/2016
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE HUGH HEGYI
S. LaFontaine
Deputy
ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
GARRY J SHUSTER NO 2 FAMILY L L P
TYLER Q SWENSEN
MINUTE ENTRY
The Court has considered Defendant’s October 18, 2016 Objections to Plaintiff’s
Attorney Fees and Plaintiff’s October 31, 2016 Reply. The Court will take no action with regard
to these pleadings. The Court's October 18, 2016 Minute Entry ruling has previously held the
Court has no basis to enter an award of attorney's fees at this time.
