08/02/2018 — CV2018002282 ASSOCIATION, TERRAMAR HOMEOWNERS 08/02/2018 HONORABLE CONNIE CONTES View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
08/03/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-002282
08/02/2018
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CONNIE CONTES
D Arrieta
Deputy
TERRAMAR HOMEOWNERS ASSOCIATION
KATHRYN A BATTOCK
v.
STEVEN R HOUSTON, et al.
COMM. ABRAMSON
JUDGE CONTES
MINUTE ENTRY
This court has received Plaintiff’s e-filed Application/Motion for Default, filed August 1,
2018 against Defendants Steven R. Houston, Deborah K. Houston and American Builders &
Contractors Supply Co., Inc. 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
Abramson.
IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.
Pursuant to the Maricopa County e-Filing Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
and Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-002282
08/02/2018
Docket Code 023
Form V000A
Page 2
judgment packet coversheet in paper to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form.
The parties/counsel can find additional information in the form of frequently asked
questions at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp
10/30/2018 — CV2018002282 ASSOCIATION, TERRAMAR HOMEOWNERS 10/30/2018 HONORABLE LINDSAY P. ABRAMSON View Minute Entry ↑ top
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Chris DeRose, Clerk of Court
*** Electronically Filed ***
11/02/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-002282
10/30/2018
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LINDSAY P. ABRAMSON
M. Corriveau
Deputy
TERRAMAR HOMEOWNERS ASSOCIATION
KATHRYN A BATTOCK
v.
STEVEN R HOUSTON, et al.
COMM. ABRAMSON
MINUTE ENTRY
Courtroom: ECB 812
1:30 p.m. This is the time set for Default Hearing. Plaintiff is represented by counsel,
Kathryn A. Battock. Defendant is neither present nor represented by counsel.
A record of the proceedings is made digitally in lieu of a court reporter.
Kathryn A. Battock is sworn and makes a statement to the Court.
Discussion is held regarding proof of service.
For reasons as stated on the record,
IT IS ORDERED taking this matter under advisement.
1:34 p.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-002282
10/30/2018
Docket Code 005
Form V000A
Page 2
LATER:
The Court took under advisement Plaintiff’s Motion for Default Judgment.
Ariz. R. Civ. P. 4.2 (c) (2) (C) requires that a party serving by mail out of state receive a
signed return receipt and attach that to the affidavit. While the Court understands that the lack of
return receipt was likely the fault of the United States Postal Service in this case, the Court finds
no legal authority that would allow it to grant a default judgment without the signed return
receipt. Accordingly,
IT IS ORDERED denying Plaintiff’s Request for Default Judgment.
