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Maricopa County Superior Court Case CV2017-005484: public docket details, parties, minute entries, documents, and official source links for Arizona Biltmore Estates Village Association.

Case Number

CV2017-005484

County

Maricopa

Caption

Not captured

Filed

4/6/2017

Case Type

Civil

Judge

Herrod, Michael

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/17/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

01/16/2018

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
C. Mai

Deputy

CARLY VAN DOX
MATTHEW MCCLELLAN

v.

ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION, et al.
JONATHAN D EBERTSHAUSER

RICHARD K MAHRLE

MINUTE ENTRY

Due to a conflict on the Court’s calendar,

IT IS ORDERED vacating the telephonic Trial Setting Conference scheduled for May
15, 2018 at 10:00 a.m. and resetting same to May 16, 2018 at 10:30 a.m. (time allotted: 15
minutes) before this Division. Counsel for Plaintiff shall initiate the joint call at (602) 372-
3839.

The Honorable Daniel J. Kiley
Maricopa County Superior Court
101 W. Jefferson Street
East Court Building
9th Floor, Courtroom 911
Phoenix, AZ 85003
Phone: 602-372-3839

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

01/16/2018

Docket Code 083
Form V000A
Page 2

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 $140.00 for a half-day and $280.00 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/17/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

01/16/2018

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
C. Mai

Deputy

CARLY VAN DOX
MATTHEW MCCLELLAN

v.

ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION, et al.
JONATHAN D EBERTSHAUSER

RICHARD K MAHRLE

MINUTE ENTRY

Courtroom 911(ECB)

10:30 a.m. This is the time set for Oral Argument on Plaintiff’s Motion for Partial
Summary Judgment filed September 11, 2017, Defendant’s Cross Motion for Summary
Judgment filed November 9, 2017, and the related filings thereto. Plaintiff is represented by
counsel, Matthew McClellan. Defendant Arizona Biltmore Estates Village Association
(“ABEVA”) is represented by counsel, Jonathan D. Ebertshauser. Defendants The Tobias
Family Revocable Living Trust, Donald A. Tobias, and Shirley M. Tobias are represented by
counsel, Richard K. Mahrle.

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

Argument is presented on the above filings.

Counsel for Plaintiff presents argument to the Court.

Counsel for Defendant ABEVA presents argument to the Court.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

01/16/2018

Docket Code 005
Form V000A
Page 2

Counsel for the Tobias Family Revocable Living Trust, Donald A. Tobias, and Shirley
M. Tobias presents argument to the Court.

Further argument is presented.

For the reasons stated on the record,

IT IS ORDERED granting Plaintiff’s Motion for Partial Summary Judgment.

IT IS ORDERED denying Defendant ABEVA’s Cross Motion for Summary Judgment.

11:09 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/16/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

02/15/2018

Docket Code 375
Form V375B
Page 1

CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
C. Mai

Deputy

CARLY VAN DOX
MATTHEW MCCLELLAN

v.

ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION, et al.
JONATHAN D EBERTSHAUSER

RICHARD K MAHRLE

DISMISSAL CALENDAR

Notice of Settlement having been filed on February 13, 2018,

IT IS ORDERED as of the date of this minute entry, placing this matter on the
Dismissal Calendar for dismissal of all remaining claims and parties on April 16, 2018, without
further notice, unless, a Joint Report and Proposed Scheduling Order is filed, Judgment is
entered, a stipulation for dismissal is filed, or the dismissal deadline is otherwise extended by the
Court for good cause shown.

IT IS FURTHER ORDERED vacating the telephonic Trial Setting Conference on May
16, 2018 at 10:30 a.m. in this Division.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/27/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

06/20/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
D Arrieta

Deputy

CARLY VAN DOX
MATTHEW MCCLELLAN

v.

ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION, et al.
JONATHAN D EBERTSHAUSER

MINUTE ENTRY

The Court is in receipt of Plaintiff’s Application for Order to Show Cause for Cincinnati
Insurance Company’s Failure to Comply With Subpoena Duces Tecum. The Plaintiff has since
withdrawn her Application, and the Court will take no action on it.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/28/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

09/27/2017

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
C. Mai

Deputy

CARLY VAN DOX
MATTHEW MCCLELLAN

v.

ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION, et al.
JONATHAN D EBERTSHAUSER

RICHARD K MAHRLE

MINUTE ENTRY

Courtroom 911(ECB)

9:50 a.m. This is the time set for a telephonic Hearing regarding discovery dispute.
Plaintiff is represented by counsel, Matthew McClellan. Defendant Arizona Biltmore Estates
Village Association is represented by counsel, Jonathan D. Ebertshauser. Defendants the Tobias
Family Recoverable Living Trust, Donal A. Tobias, Shirley M. Tobias are represented by
counsel, Richard K. Mahrle.

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

Discussion is held regarding discovery dispute regarding the scope of the 30(b)(6)
deposition.

Pursuant to the discussion held and for reasons stated on the record,

IT IS ORDERED overruling Defendant Arizona Biltmore Estates Village Association’s
objection to the question and deeming the instruction to the witness not to answer improper.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

09/27/2017

Docket Code 005
Form V000A
Page 2

9:59 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/26/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

10/25/2017

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
C. Mai

Deputy

CARLY VAN DOX
MATTHEW MCCLELLAN

v.

ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION, et al.
JONATHAN D EBERTSHAUSER

RICHARD K MAHRLE

MINUTE ENTRY

The Court has reviewed and considered Plaintiff’s Motion to Amend Her Complaint;
Plaintiff’s Motion for Summary Disposition; and Defendant ABEVA’s Response to Plaintiff’s
Motion to Amend Her Complaint. Good cause appearing,

IT IS ORDERED granting Plaintiff’s Motion to Amend Her Complaint.

IT IS FURTHER ORDERED denying as moot Plaintiff’s Motion for Summary
Disposition.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/26/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

10/25/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
C. Mai

Deputy

CARLY VAN DOX
MATTHEW MCCLELLAN

v.

ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION, et al.
JONATHAN D EBERTSHAUSER

RICHARD K MAHRLE

MINUTE ENTRY

The Court has reviewed and considered Defendant ABEVA’s Motion for Protective
Order or in the Alternative Motion to Quash Defective Subpoena Issued to Defense Counsel;
Plaintiff’s Response to Defendant ABEVA’s Motion for Protective Order; and Defendant
ABEVA’s Reply in Support of Its Motion for Protective Order.

Because it appears that the subpoena issued to Defendant’s counsel’s law firm has been
withdrawn, the Court need not address issues relating to defects in that subpoena.

The Court agrees with the Plaintiff, however, that to the extent Defense counsel
represented Defendant ABEVA in connection with the prior abandonment of the roadway
easement, any non-privileged communications in Defense counsel’s file regarding that matter,
such as the association’s communications with homeowners, are discoverable. To the extent
Defendant ABEVA believes that certain documents or other information encompassed in the
Plaintiff’s request is protected by the attorney-client privilege, Defendant ABEVA is, of course,
entitled to withhold such documents while providing the privilege log contemplated by Rules
26(b)(6)(A) and 45(c)(5)(C)(i) of the Arizona Rules of Civil Procedure.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

10/25/2017

Docket Code 023
Form V000A
Page 2

No good cause appearing,

IT IS ORDERED denying all relief requested in Defendant ABEVA’s Motion for
Protective Order or in the Alternative Motion to Quash Defective Subpoena Issued to Defense
Counsel.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/21/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

11/16/2017

Docket Code 094
Form V094
Page 1

CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
C. Mai

Deputy

CARLY VAN DOX
MATTHEW MCCLELLAN

v.

ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION, et al.
JONATHAN D EBERTSHAUSER

RICHARD K MAHRLE

ORAL ARGUMENT SET

The Court is in receipt of the following filings:

 Motion for Summary Judgment filed by Plaintiff Carly Van Dox on September
11, 2017;

 Plaintiff’s Separate Statement of Facts in Support of Her Motion for Partial
Summary Judgment filed on September 11, 2017;

 Response to Plaintiff’s Motion for Partial Summary Judgment and Cross-Motion
for Summary Judgment filed by Defendant Arizona Biltmore Estates Village
Association (“ABEVA”) on October 16, 2017;

 ABEVA’s Controverting Statement of Facts and Separate Statement of Facts in
Support of Its Cross-Motion for Summary Judgment filed on October 16, 2017;

 Plaintiff’s Reply in Support of Her Motion for Partial Summary Judgment filed on
November 3, 2017;

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

11/16/2017

Docket Code 094
Form V094
Page 2

 Plaintiff’s Supplemental Statement of Facts to Plaintiff’s Reply in Support of Her
Motion for Partial Summary Judgment filed on November 3, 2017;

 Plaintiff’s Response to Arizona Biltmore Estates Village Association’s Motion for
Summary Judgment filed on November 9, 2017; and

 Plaintiff’s Controverting Statement of Facts and Responsive Statement of Facts in
Support of Her Response to Arizona Biltmore Estates Village Association’s
Cross-Motion for Summary Judgment filed on November 9, 2017.

IT IS ORDERED setting Oral Argument on the above filings and any Reply filed in
support of ABEVA’s Cross-Motion for Summary Judgment on January 16, 2018 at 10:30 a.m.
(1 hour allotted) before this Division.

HON. DANIEL J. KILEY
Maricopa County Superior Court
East Court Building
101 West Jefferson Street
9th Floor, Courtroom 911
Phoenix, AZ 85003

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 $140.00 for a half-day and $280.00 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/30/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

11/29/2017

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
C. Mai

Deputy

CARLY VAN DOX
MATTHEW MCCLELLAN

v.

ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION, et al.
JONATHAN D EBERTSHAUSER

RICHARD K MAHRLE

MINUTE ENTRY

The Court is in receipt of the Plaintiff’s Application and Affidavit for Order to Show
Cause.

IT IS ORDERED setting a telephonic Status Conference on December 7, 2017 at 11:00
a.m. (15 minutes allotted) before this Division to discuss the scheduling of such further
proceedings as may be appropriate. Counsel for the Plaintiff shall initiate the joint call to the
Court at (602) 372-3839.

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 $140.00 for a half-day and $280.00 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/07/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2017-005484

12/06/2017

Docket Code 002
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DANIEL J. KILEY
C. Mai

Deputy

CARLY VAN DOX
MATTHEW MCCLELLAN

v.

ARIZONA BILTMORE ESTATES VILLAGE
ASSOCIATION, et al.
JONATHAN D EBERTSHAUSER

RICHARD K MAHRLE

MINUTE ENTRY

Pursuant to Defendant ABEVA’s December 5, 2017 Notice of Compliance with
Plaintiff’s Subpoena Duces Tecum on Carpenter Hazlewood Delgado and Bolen LLP 2017 and
by agreement of the parties,

IT IS ORDERED vacating the telephonic Status Conference on December 7, 2017 at
11:00 a.m. in this Division.

Documents