02/14/2019 — CV2017015815 JASPER-BURNETT, JOYCE 02/14/2019 HON. PAMELA GATES View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
02/21/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
02/14/2019
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
K. Ballard
Deputy
JOYCE JASPER-BURNETT
JOSEPH C DOLAN
v.
CHATEAU DE VIE FOUR TOWNHOUSE
ASSOCIATION, et al.
NICHOLAS C NOGAMI
NICHOLAS C ABDO
STATUS CONFERENCE SET
The court has received the parties’ February 12, 2019 Joint Request for Emergency Status
Conference.
IT IS ORDERED setting a telephonic status conference on February 27, 2019 at
10:00 a.m. (time allotted: 30 minutes) in this division for the purpose of discussing the issues set
forth in the Joint Request. Defendants’ counsel shall initiate the conference call to this division at
602-506-6391. Counsel shall have their calendars available for this proceeding.
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.
02/19/2019 — CV2017015815 JASPER-BURNETT, JOYCE 02/19/2019 HON. PAMELA GATES View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
02/22/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
02/19/2019
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
K. Ballard
Deputy
JOYCE JASPER-BURNETT
JOSEPH C DOLAN
v.
CHATEAU DE VIE FOUR TOWNHOUSE
ASSOCIATION, et al.
NICHOLAS C NOGAMI
NICHOLAS C ABDO
COURT ADMIN-CIVIL-ARB DESK
CASE STATUS MINUTE ENTRY
The court has received Plaintiff’s February 13, 2019 Motion to Continue on Dismissal
Calendar. This motion will be addressed during the February 27, 2019 status conference
previously set at the joint request of counsel.
02/27/2019 — CV2017015815 JASPER-BURNETT, JOYCE 02/27/2019 HON. PAMELA GATES View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
03/01/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
02/27/2019
Docket Code 352
Form V352
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
K. Ballard
Deputy
JOYCE JASPER-BURNETT
JOSEPH C DOLAN
v.
CHATEAU DE VIE FOUR TOWNHOUSE
ASSOCIATION, et al.
NICHOLAS C NOGAMI
NICHOLAS C ABDO
COURT ADMIN-CIVIL-ARB DESK
EXCUSE ARBITRATOR FROM CASE
Courtroom: ECB-912
10:03 a.m. This is the time set for a status conference. Plaintiff is represented by Counsel
Joseph C. Dolan. Defendants are represented by Counsel Lydia Linsmeier and Nicholas C.S.
Nogami. Also present is the court-appointed arbitrator, Nicolas C. Abdo. All appearances are
telephonic.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the parties’ respective positions regarding arbitration.
The court does find that the parties did NOT knowingly or intentionally waive their right
to arbitration. Accordingly,
IT IS ORDERED that the parties will proceed with arbitration in this matter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
02/27/2019
Docket Code 352
Form V352
Page 2
The February 25, 2019 Notice of Potential Conflict, which was filed by the court-appointed
arbitrator, Mr. Abdo, is addressed.
Plaintiff’s counsel having stated an objection to Mr. Abdo continuing as the arbitrator in
this matter,
IT IS ORDERED excusing Nicholas C. Abdo as arbitrator in this matter and forwarding
this case to the Civil Court Administration/Arbitration Desk for appointment of a new arbitrator.
IT IS FURTHER ORDERED that the Civil Court Administration/Arbitration Desk shall
appoint Nicholas C. Abdo as arbitrator in the next available case.
Plaintiff’s February 13, 2019 Motion to Continue on Dismissal Calendar is addressed.
There being no objection,
IT IS ORDERED granting the Motion and continuing the deadline for dismissal to August
27, 2019. Unless judgment is entered or a form of judgment is lodged, a stipulation or motion for
dismissal (along with a proposed form of order) is submitted, an appeal from arbitration and motion
to set is filed, or the court otherwise extends the deadline for good cause shown before that date,
this matter will be dismissed without further notice.
10:09 a.m. Matter concludes.
03/06/2019 — CV2017015815 JASPER-BURNETT, JOYCE 03/06/2019 HON. PAMELA GATES View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
03/12/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
03/06/2019
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
K. Ballard
Deputy
JOYCE JASPER-BURNETT
JOSEPH C DOLAN
v.
CHATEAU DE VIE FOUR TOWNHOUSE
ASSOCIATION, et al.
NICHOLAS C NOGAMI
DAVID N INGRASSIA
COURT ADMIN-CIVIL-ARB DESK
DISMISSAL CALENDAR
The court has received the March 5, 2019 Notice of Settlement.
IT IS ORDERED vacating the dismissal date of August 27, 2019 set during the February
27, 2019 status conference held in this matter.
Based on the parties’ settlement,
IT IS FURTHER ORDERED setting this matter for dismissal on May 6, 2019. Unless
a stipulated judgment or a stipulation for dismissal, along with a proposed form of order, is
submitted to the court before that date, or the court otherwise extends the deadline for good cause
shown, all remaining claims and parties will be dismissed.
IT IS FURTHER ORDERED deeming any pending motions moot due to the parties’
settlement.
05/31/2018 — CV2017015815 JASPER-BURNETT, JOYCE 05/31/2018 HON. RANDALL H. WARNER View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
06/04/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
05/31/2018
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
JOYCE JASPER-BURNETT
JOSEPH C DOLAN
v.
CHATEAU DE VIE FOUR TOWNHOUSE
ASSOCIATION, et al.
NICHOLAS C NOGAMI
ORAL ARGUMENT SET
Oral argument having been requested,
IT IS ORDERED setting oral argument on Defendants’ April 23, 2018 Motion to
Dismiss Certain Counts of Plaintiff’s Complaint Pursuant to Rule 12(b)(6) for Failure to State a
Claim for June 27, 2018 at 10:00 a.m. in this division. Counsel and the parties, if representing
themselves, are to appear in person.
NOTE: Due to judicial rotations in June, beginning June 25, 2018 Judge Pamela Gates
will assume Judge Warner’s civil calendar. Judge Gates will be located in the East Court
Building, Courtroom 912. Telephone: 602-506-6391.
Oral argument shall be limited to thirty (30) minutes with the time divided equally
between the sides.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
05/31/2018
Docket Code 094
Form V000A
Page 2
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.
06/27/2018 — CV2017015815 JASPER-BURNETT, JOYCE 06/27/2018 HON. PAMELA GATES View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
06/29/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
06/27/2018
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
K. Ballard
Deputy
JOYCE JASPER-BURNETT
JOSEPH C DOLAN
v.
CHATEAU DE VIE FOUR TOWNHOUSE
ASSOCIATION, et al.
NICHOLAS C NOGAMI
MATTER TAKEN UNDER ADVISEMENT
Courtroom: ECB-912
10:01 a.m. This is the time set for oral argument regarding Defendants’ April 23, 2018
Motion to Dismiss Certain Counts of Plaintiff’s Complaint Pursuant to Rule 12(b)(6) for Failure
to State a Claim. Plaintiff is represented by Counsel Joseph C. Dolan. Defendants are
represented by Counsel Lydia A. Peirce Linsmeier (appearing in place of Nicholas C.S.
Nogami).
A record of the proceedings is made digitally in lieu of a court reporter.
Oral argument is presented.
IT IS ORDERED taking this matter under advisement.
10:22 a.m. Matter concludes.
07/18/2018 — CV2017015815 JASPER-BURNETT, JOYCE 07/18/2018 HON. PAMELA GATES View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
07/19/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
07/18/2018
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
K. Ballard
Deputy
JOYCE JASPER-BURNETT
JOSEPH C DOLAN
v.
CHATEAU DE VIE FOUR TOWNHOUSE
ASSOCIATION, et al.
NICHOLAS C NOGAMI
UNDER ADVISEMENT RULING
The court has considered the April 23, 2018 Motion to Dismiss filed by Defendant
Chateau De Vie Four Townhouse Association (“Association”) and AAM, LLC (“AAM”)
(collectively “Defendants”), Plaintiff’s Response, Defendant’s Reply, and the parties’ arguments.
The narrow question presented by a motion to dismiss for failure to state a claim is
whether facts alleged in a complaint are sufficient “to warrant allowing the [Plaintiff] to attempt
to prove [her] case.” Coleman v. City of Mesa, 230 Ariz. 352, 363, ¶46, 284 P.3d 863, 874
(2012). Dismissal is permitted only when a “plaintiff[] would not be entitled to relief under any
interpretation of the facts susceptible of proof.” Fid. Sec. Life Ins. Co. v. State Dep't of Ins., 191
Ariz. 222, 224, ¶4, 954 P.2d 580, 582 (1998). In assessing the Defendants’ Motion to Dismiss,
the court accepts all material facts alleged by the Plaintiff as true. See Albdabbagh v. Ariz. Dept.
of Liquor License & Ctrl., 162 Ariz. 415, 417-18, 783 P.2d 1207, 1209-10 (App. 1989);
Mirchandani v. BMO Harris Bank, N.A., 235 Ariz. 68, 69, ¶2, 326 P.3d 335, 336 (App. 2014)];
Cullen v. Auto–Owners Ins. Co., 218 Ariz. 417, 419, ¶7, 189 P.2d 344, 346 (2008).
IT IS ORDERED denying Defendants’ Motion to Dismiss Count Three, Negligence,
against the Association.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
07/18/2018
Docket Code 926
Form V000A
Page 2
IT IS FURTHER ORDERED denying Defendants’ Motion to Dismiss Count Four,
Equitable Estoppel, against the Association.
IT IS FURTHER ORDERED denying Defendants’ Motion to Dismiss Count One,
Aiding and Abetting, against AAM, LLC.
IT IS ORDERED granting Defendants’ Motion to Dismiss Count Two, Breach of
Fiduciary Duty, against the Association.
IT IS FURTHER ORDERED granting Defendants’ Motion to Dismiss Count Two,
Negligence, against AAM, LLC.
10/23/2018 — CV2017015815 JASPER-BURNETT, JOYCE 10/23/2018 HON. PAMELA GATES View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
10/31/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
10/23/2018
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
K. Ballard
Deputy
JOYCE JASPER-BURNETT
JOSEPH C DOLAN
v.
CHATEAU DE VIE FOUR TOWNHOUSE
ASSOCIATION, et al.
NICHOLAS C NOGAMI
NICHOLAS C ABDO
CHARLES E SEARS
COURT ADMIN-CIVIL-ARB DESK
STATUS CONFERENCE SET
The court has received the parties’ October 16, 2018 Joint Request for Referral to
Settlement Conference. On the court’s own motion,
IT IS ORDERED setting a telephonic status conference on November 6, 2018 at
8:45 a.m. (time allotted: 15 minutes) in this division for the purpose of discussing the Request.
Defendants’ counsel shall initiate the conference call to this division at 602-506-6391. All persons
appearing shall appear on land lines and not on cellular phones, and shall not use the speakerphone
features of their telephones, in order to maximize all participants’ ability to hear and be heard.
Counsel shall have their calendars available for this proceeding.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
10/23/2018
Docket Code 028
Form V000A
Page 2
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.
11/06/2018 — CV2017015815 JASPER-BURNETT, JOYCE 11/06/2018 HON. PAMELA GATES View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
11/09/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
11/06/2018
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
K. Ballard
Deputy
JOYCE JASPER-BURNETT
JOSEPH C DOLAN
v.
CHATEAU DE VIE FOUR TOWNHOUSE
ASSOCIATION, et al.
NICHOLAS C NOGAMI
NICHOLAS C ABDO
COURT ADMIN-CIVIL-ARB DESK
CONFERENCE RESET
On the court’s own motion, due to a scheduling conflict,
IT IS ORDERED vacating the status conference set for November 6, 2018 and resetting
this matter for a telephonic status conference on November 7, 2018 at 9:30 a.m. (time allotted:
15 minutes) in this division for the purpose of discussing the parties’ October 16, 2018 Joint
Request for Referral to Settlement Conference. Defendants’ counsel shall initiate the conference
call to this division at 602-506-6391. All persons appearing shall appear on land lines and not on
cellular phones, and shall not use the speakerphone features of their telephones, in order to
maximize all participants’ ability to hear and be heard. Counsel shall have their calendars available
for this proceeding.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
11/06/2018
Docket Code 083
Form V000A
Page 2
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.
11/07/2018 — CV2017015815 JASPER-BURNETT, JOYCE 11/07/2018 HON. PAMELA GATES View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
11/09/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
11/07/2018
Docket Code 029
Form V375A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
K. Ballard
Deputy
JOYCE JASPER-BURNETT
JOSEPH C DOLAN
v.
CHATEAU DE VIE FOUR TOWNHOUSE
ASSOCIATION, et al.
NICHOLAS C NOGAMI
NICHOLAS C ABDO
ALTERNATIVE DISPUTE
RESOLUTION - CCC
COURT ADMIN-CIVIL-ARB DESK
STATUS CONFERENCE
Courtroom: ECB-912
9:32 a.m. This is the time set for a status conference to discuss the parties’ October 16,
2018 Joint Request for Referral to Settlement Conference. Plaintiff is represented by Counsel
Joseph C. Dolan. Defendants are represented by Counsel Nicholas C. Nogami. All appearances
are telephonic.
A record of the proceedings is made digitally in lieu of a court reporter.
The court previously received the parties’ October 26, 2018 Joint Motion to Continue on
Dismissal Calendar, which the court granted via eFile on October 29, 2018 (Order Continuing
Matter on Dismissal Calendar filed October 31, 2018).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-015815
11/07/2018
Docket Code 029
Form V375A
Page 2
The court seeks clarification regarding the request for a settlement conference as the Joint
Request referred to a judicially-administered settlement conference. Counsel confirm that they
are seeking a referral to the Alternative Dispute Resolution Department for the appointment of a
judge pro tempore to conduct the settlement conference.
Plaintiff’s counsel also confirms that this matter is on the arbitration track.
In accordance with the October 31, 2018 Order, this matter is continued on the dismissal
calendar until February 28, 2019. Unless judgment is entered or a form of judgment is lodged, a
stipulation or motion for dismissal (along with a proposed form of order) is submitted, an appeal
from arbitration and motion to set is filed, or the court otherwise extends the deadline for good
cause shown before that date, this matter will be dismissed without further notice.
IT IS ORDERED granting the parties’ Joint Request for Referral to Settlement
Conference. The parties shall participate in a mandatory settlement conference no later than
February 11, 2019. This case is hereby referred to the Superior Court’s Alternative Dispute
Resolution Department for the appointment of a judge pro tempore to conduct a settlement
conference. Counsel and/or the parties will receive a minute entry from ADR appointing the
judge pro tempore. Counsel and any “pro per” parties will contact the appointed judge pro
tempore to arrange the date, time, and location for the settlement conference. The Office of
Alternative Dispute Resolution will not do the scheduling of the settlement conference so please
do not contact that office.
All counsel and their clients, or non-lawyer representatives who have full and complete
authority to settle the case, and all self-represented parties must personally appear and participate
in good faith in the settlement conference. Sanctions may be imposed for failure to participate.
9:33 a.m. Matter concludes.
