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Maricopa County Superior Court Case CV2018-006748: public docket details, parties, minute entries, documents, and official source links for Biltmore Gardens Homeowners Association.

Case Number

CV2018-006748

County

Maricopa

Caption

Not captured

Filed

4/27/2018

Case Type

Civil

Judge

Ryan-Touhill, Jennifer

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Clerk of the Superior Court

*** Electronically Filed ***

02/25/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

02/22/2019

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

JUDGE MROZ

MINUTE ENTRY

The Court has received and reviewed Defendant’s Response to Plaintiff’s Motion to
Enforce Ariz. R. Civ. P. 80(A) Settlement Agreement filed and Cross Motion for Enforcement of
Settlement Agreement filed on February 19, 2019. Accordingly,

IT IS ORDERED setting a Telephonic Status Conference on February 25, 2019 at 9:30
a.m. (time allotted: 15 minutes) in this Division, before:

HONORABLE JUDGE ROSA MROZ
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0384

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

02/22/2019

Docket Code 028
Form V000A
Page 2

The Court is requiring the parties meet and confer about the motions before the
conference. Counsel for Defendant shall initiate the call by arranging the presence of all parties
and contacting this Division’s courtroom directly at (602) 506-5518 at the time indicated above.

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 up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.

Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.

Should you want an unofficial copy of the proceedings, the parties or counsel may request
a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form from the
Self Service Center to request a daily copy of a court hearing or trial proceeding being conducted.
Pay the applicable fee at the Self Service Center. Attach the receipt showing payment of the fee
and present both the receipt and the form to the bailiff. For copies of hearings or trial
proceedings recorded previously, please call Electronic Records Services at 602-506-7100.

NOTE: Preferred communication with this Division is via email to the Judicial Assistant,
Sandra Nageotte, at [email protected]. We are able to respond much quicker
to an email. Please make sure you endorse all parties involved in the case.

Clerk of the Superior Court

*** Electronically Filed ***

03/01/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

02/25/2019

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

JUDGE MROZ

MINUTE ENTRY

East Court Building– Courtroom 414

9:26 a.m. This is the time set a Telephonic Status Conference regarding Plaintiff’s Motion
to Enforce Ariz. R. Civ. P. 80(A) Settlement Agreement and Cross Motion for Enforcement of
Settlement Agreement filed on February 19, 2019. Plaintiff, Biltmore Gardens Homeowners
Association is represented by counsel, Charlene A. Cruz. Defendant, Gregory Sims is represented
by counsel, Lonnie J. Williams.

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

Discussion is held regarding the settlement agreement.

Based on the matters presented,

IT IS ORDERED rescinding the Order Enforcing Ariz. R. Civ. P. 80(A) Settlement
Agreement granted on February 15, 2019 and filed on February 19, 2019.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

02/25/2019

Docket Code 028
Form V000A
Page 2

IT IS FURTHER ORDERED setting a Telephonic Status Conference regarding the
status of the settlement on March 11, 2019 at 9:00 a.m. (time allotted: 15 minutes) in this
Division, before:

HONORABLE JUDGE ROSA MROZ
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0384

Counsel for Plaintiff shall initiate the call by arranging the presence of all parties and
contacting this Division’s courtroom directly at (602) 506-5518 at the time indicated above.

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 up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.

Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.

Should you want an unofficial copy of the proceedings, the parties or counsel may request
a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form from the
Self Service Center to request a daily copy of a court hearing or trial proceeding being conducted.
Pay the applicable fee at the Self Service Center. Attach the receipt showing payment of the fee
and present both the receipt and the form to the bailiff. For copies of hearings or trial
proceedings recorded previously, please call Electronic Records Services at 602-506-7100.

NOTE: Preferred communication with this Division is via email to the Judicial Assistant,
Sandra Nageotte, at [email protected]. We are able to respond much quicker
to an email. Please make sure you endorse all parties involved in the case.

9:33 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

03/20/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

03/18/2019

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

JUDGE MROZ

MINUTE ENTRY

Due to a scheduling conflict,

IT IS ORDERED resetting the vacated Telephonic Status Conference set on March 11,
2019 to an a in-person Status Conference on March 28, 2019 at 10:00 a.m. (time allotted: 1
hour), in this division:

HONORABLE JUDGE ROSA MROZ
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0384

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

03/18/2019

Docket Code 028
Form V000A
Page 2

PLEASE NOTE: The Court asks that the parties bring their laptops containing the
Proposed Settlement Agreement to the hearing. Parties must have the agreement available for the
Court in Word format at the hearing.

NOTE: All court proceedings are recorded by audio and video method and not by a court
reporter. Should you want an unofficial copy of the proceedings, the parties or counsel may request
a videotape or CD of the proceedings for a $30.00 charge. If a CD or videotape is requested, please
obtain a form from the Self Service Center to request a daily copy of a court hearing or trial
proceeding being conducted. Pay the applicable fee at the Self Service Center. Attach the receipt
showing payment of the fee and present both the receipt and the form to the courtroom clerk or
bailiff. For copies of hearings or trial proceedings recorded previously, please call Electronic
Records Services at 602-506-7100. Should an official transcript be required, you may request
that the court prepare it. The party ordering the transcript must pay for it. To request a transcript,
call 602-506-7100 and provide the date of the proceeding, the case number, the case caption, if the
transcript is for an appeal, and your name, address, and telephone number.

Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.

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.

NOTE: Preferred communication with this Division is via email to my Judicial Assistant,
Sandra Nageotte, at [email protected]. We are able to respond much quicker
to an email. Please make sure you endorse all parties involved in the case.

Clerk of the Superior Court

*** Electronically Filed ***

04/02/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

03/28/2019

Docket Code 331
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

JUDGE MROZ

MINUTE ENTRY

9:57 a.m. This is the time set for a Status Conference. Plaintiff, Biltmore Gardens
Homeowners Association is represented by Counsel, Charlene A. Cruz. Defendant, Gregory Sims
is present and is represented by Counsel, Lonnie J .Williams. Helena Whitney, Representative of
Plaintiff, Biltmore Gardens Homeowners Association, is also present.

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

Discussion is held regarding the settlement reached by the parties and the status of case.

The parties agree to participate in today’s settlement conference.

10:02 a.m. Court stands at recess and settlement conference discussions commence with
the parties only.

10:59 a.m. Court reconvenes with respective counsel and the parties present.

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

03/28/2019

Docket Code 331
Form V000A
Page 2

LET THE RECORD REFLECT that Defendant Gregory Sims is a right-handed person
but that his right hand is currently injured and in a bandage. Mr. Sims has signed the settlement
agreement with his left hand.

LET THE RECORD FURTHER REFLECT that Plaintiff’s representative, Helene
Whitney, has signed the settlement agreement.

Mr. Williams indicates that the settlement agreement provides for two events to occur.
Upon the completion of those events, the parties will submit a stipulation to dismiss the case
with prejudice. The parties anticipate submitting the stipulation to dismiss by April 29, 2019.

Ms. Cruz has the original signed settlement agreement and will email a copy of the
agreement to Mr. Williams.

11:02 a.m. Matter concludes

Clerk of the Superior Court

*** Electronically Filed ***

05/09/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

05/08/2019

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

COURT ADMIN-CIVIL-ARB DESK
JUDGE MROZ

MINUTE ENTRY

On March 28, 2019, the parties reached a settlement. The parties indicated to the Court that
the settlement agreement provides for two events to occur, and that upon the completion of those
events, the parties will submit a stipulation to dismiss the case with prejudice. The parties
anticipated submitting the stipulation to dismiss by April 29, 2019. It is now May 8, 2019, and the
Court has not yet received the stipulation to dismiss.

IT IS ORDERED placing this case on the dismissal calendar for dismissal, without
prejudice, on May 31, 2019 unless the Court receives a stipulation to dismiss or a motion to
continue on the dismissal calendar before that date.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

05/21/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

05/17/2018

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
C. Ramirez

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS

HEARING RESET

The Court having considered and granted counsel’s request to reset the Order to Show
Cause hearing,

IT IS ORDERED vacating the Order to Show Cause set on May 22, 2018 at 8:30 a.m.
and resetting same to May 23, 2018 at 9:30 a.m. (15 minutes allotted), in this division before:

HONORABLE JUDGE ROSA MROZ
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0384

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

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

05/17/2018

Docket Code 003
Form V000A
Page 2

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 up to three hours and $280 for any hearing in
excess of three hours. This fee does not include preparation of transcripts.

Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.

Should you want an unofficial copy of the proceedings, the parties or counsel may
request a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form
from the Self Service Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of
hearings or trial proceedings recorded previously, please call Electronic Records Services
at 602-506-7100.

NOTE: Preferred communication with this Division is via email to my Judicial
Assistant, Sandra Nageotte, at [email protected]. We are able to respond
much quicker to an email. Please make sure you endorse all parties involved in the case.

NOTE: If you are not familiar with this Division’s electronic equipment, please make an
appointment
with
this
Division’s
Bailiff,
Markus
Taylor,
via
email
at
[email protected] to test the equipment at least one week prior to your
hearing.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

05/25/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

05/23/2018

Docket Code 003
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
P. Culp

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS

LONNIE J WILLIAMS JR.

HEARING RESET

East Court Building – Courtroom 414

9:39 a.m. This is the time set for Order to Show Cause regarding permanent injunction.
Counsel, Lonnie J. Williams, appears on behalf of Defendant. No one else appears.

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

Discussion is held regarding the absence of counsel for Plaintiff.

9:42 a.m. Counsel, Charlene A. Cruz, is telephonically present on behalf of Plaintiff
Biltmore Gardens Homeowners Association.

The Court is informed, by Plaintiff’s counsel, the reason for appearing telephonically and
the time frame expected for arrival to the hearing. The Court decides to reschedule.

Counsel for Defendant is informed by the Court that he may submit an application for
attorney’s fees.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

05/23/2018

Docket Code 003
Form V000A
Page 2

Based upon the matters presented,

IT IS ORDERED vacating the Order to Show Cause Hearing on permanent injunction
set on May 23, 2018 at 9:30 a.m. and resetting same to May 24, 2018 at 10:00 a.m. (15 minutes
allotted), in this division before:

HONORABLE JUDGE ROSA MROZ
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0384

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 for up to three hours and $280 for any hearing in
excess of three hours. This fee does not include preparation of transcripts.

Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.

Should you want an unofficial copy of the proceedings, the parties or counsel may
request a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form
from the Self Service Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of
hearings or trial proceedings recorded previously, please call Electronic Records Services
at 602-506-7100.

NOTE: Preferred communication with this Division is via email to my Judicial
Assistant, Sandra Nageotte, at [email protected]. We are able to respond
much quicker to an email. Please make sure you endorse all parties involved in the case.

NOTE: If you are not familiar with this Division’s electronic equipment, please make an
appointment
with
this
Division’s
Bailiff,
Markus
Taylor,
via
email
at

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

05/23/2018

Docket Code 003
Form V000A
Page 3

[email protected] to test the equipment at least one week prior to your
hearing.

9:45 a.m. Matter concludes.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

05/25/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

05/24/2018

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
L. Stogsdill

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

TELEPHONIC STATUS CONFERENCE SET

Courtroom 414 - ECB

9:58 a.m. This is the time set for a Return Hearing on Plaintiff’s Order to Show Cause
and Request for Preliminary and Permanent Injunctions. Plaintiff, Biltmore Gardens
Homeowners Association is represented by counsel, Charlene A. Cruz. Defendant, Gregory
Sims is represented by counsel, Lonnie J. Williams, Jr.

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

Case status and the need for limited discovery are discussed.

Based on the matters presented,

IT IS ORDERED counsel shall conduct the limited discovery within the next 60 days, as
discussed on the record.

IT IS FURTHER ORDERED setting a Telephonic Status Conference regarding the
status of the case on July 24, 2018 at 9:00 a.m. (time allotted: 15 minutes) in this Division,
before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

05/24/2018

Docket Code 028
Form V000A
Page 2

HONORABLE JUDGE ROSA MROZ
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0384

Counsel for Plaintiff shall initiate the call by arranging the presence of all parties and
contacting this Division’s courtroom directly at (602) 506-5518 at the time indicated above.

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 up to three hours and $280 for any hearing in
excess of three hours. This fee does not include preparation of transcripts.

Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.

Should you want an unofficial copy of the proceedings, the parties or counsel may
request a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form
from the Self Service Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of
hearings or trial proceedings recorded previously, please call Electronic Records Services
at 602-506-7100.

NOTE: Preferred communication with this Division is via email to the Judicial
Assistant, Sandra Nageotte, at [email protected]. We are able to respond
much quicker to an email. Please make sure you endorse all parties involved in the case.

10:03 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

05/29/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

05/28/2019

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

JUDGE MROZ

MINUTE ENTRY

The Court has received Plaintiff’s Motion to Set Status Conference filed on May 23, 2019.

IT IS ORDERED setting a Telephonic Status Conference on June 10, 2019 at 10:00 a.m.
(time allotted: 15 minutes) in this division before:

HONORABLE JUDGE ROSA MROZ
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0384

Counsel for Plaintiff shall initiate the call by arranging the presence of all parties and
contacting this Division’s courtroom directly at (602) 506-5518 at the time indicated above.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

05/28/2019

Docket Code 028
Form V000A
Page 2

IT IS FURTHER ORDERED that prior to the status conference, the parties shall
participate in a good faith meet and confer regarding the latest issue that is the subject of Plaintiff’s
Motion to Set Status Conference filed on May 23, 2019. Meet and confer means that the parties
must either personally meet in person or discuss the issue in a telephonic conference by no later
than June 6, 2019. An exchange of letters or emails is not sufficient. If the parties are able to
resolve the issue, the parties may file a stipulation to vacate the telephonic status conference.

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 up to three hours and $280 for any hearing in excess of three hours. This fee does
not include preparation of transcripts.

Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.

Should you want an unofficial copy of the proceedings, the parties or counsel may request
a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form from the
Self Service Center to request a daily copy of a court hearing or trial proceeding being conducted.
Pay the applicable fee at the Self Service Center. Attach the receipt showing payment of the fee
and present both the receipt and the form to the bailiff. For copies of hearings or trial
proceedings recorded previously, please call Electronic Records Services at 602-506-7100.

NOTE: Preferred communication with this Division is via email to the Judicial Assistant,
Sandra Nageotte, at [email protected]. We are able to respond much quicker
to an email. Please make sure you endorse all parties involved in the case.

Clerk of the Superior Court

*** Electronically Filed ***

06/12/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

06/10/2019

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

JUDGE MROZ

MINUTE ENTRY

East Court Building– Courtroom 414

9:56 a.m. This is the time set a Telephonic Status Conference regarding Plaintiff’s Motion
to Set Status Conference filed on May 23, 2019. Plaintiff, Biltmore Gardens Homeowners
Association is represented by counsel, Mark Sahl and Charlene A. Cruz. Defendant, Gregory Sims
is represented by counsel, Lonnie J. Williams.

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

Discussion held regarding Plaintiff’s Motion to Set Status Conference filed on May 23,
2019.

According to Plaintiff, Defendant has removed the bamboo screening that is the subject of
this lawsuit, and has installed the pre-approved screen. However, Plaintiff has discovered a metal
structure with shelving that has plants and pots on it that acts as a wall on Defendant’s patio that
was previously hidden behind the bamboo screening. Plaintiff claims that Defendant has failed to

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

06/10/2019

Docket Code 029
Form V000A
Page 2

act with good faith in entering into the settlement agreement as a result of this previously hidden
metal structure. Plaintiff wants Defendant to submit the metal structure to the HOA Board for
approval or install a larger pre-approved screen to hide the metal structure from view.

According to Defendant, the metal structure is not a wall but is simply a metal plant shelf. It
has been on Defendant’s balcony since Defendant lived there. Defendant asserts that he has already
complied with the terms of the settlement agreement, and is waiting for Plaintiff to fulfill its end
of the bargain.

The Court gives the parties its impression about this dispute. The Complaint is about an
unapproved bamboo screen. The settlement agreement’s terms are unambiguous. It required
Defendant to “remove the Bamboo Screening” and “install[] a pre-approved Coolaroo exterior
shades in Walnut … or Sesame ….” Plaintiff admits that Defendant has done so. As far as the
Court is concerned, Defendant has fulfilled his end of the settlement agreement. The Court will
take no further action on this dispute.

10:09 a.m. Matter concludes.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

07/25/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

07/24/2018

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
C. Avena

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

JAMES CAMORIANO
JUDGE MROZ

MINUTE ENTRY

Courtroom 411 (ECB)

8:59 a.m. This is the time set for a telephonic Status Conference regarding the status of
the case. Plaintiff, Biltmore Gardens Homeowners Association is represented by counsel,
Charlene A. Cruz. Defendant, Gregory Sims is represented telephonically by counsel, James
Camoriano on behalf of Lonnie J. Williams Jr.

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

Discussion is held regarding the status of the case.

For the reasons stated on the record,

IT IS ORDERED setting a Telephonic Status Conference on September 25, 2018 at
9:00 a.m. (time allotted: 15 minutes) in this Division, before:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

07/24/2018

Docket Code 028
Form V000A
Page 2

HONORABLE JUDGE ROSA MROZ
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0384

Counsel for Plaintiff shall initiate the call by arranging the presence of all parties and
contacting this Division’s courtroom directly at (602) 506-5518 at the time indicated above.

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 up to three hours and $280 for any hearing in
excess of three hours. This fee does not include preparation of transcripts.

Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.

Should you want an unofficial copy of the proceedings, the parties or counsel may
request a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form
from the Self Service Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of
hearings or trial proceedings recorded previously, please call Electronic Records Services
at 602-506-7100.

NOTE: Preferred communication with this Division is via email to the Judicial
Assistant, Sandra Nageotte, at [email protected]. We are able to respond
much quicker to an email. Please make sure you endorse all parties involved in the case.

9:01 a.m. Matter concludes.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

09/19/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

09/17/2018

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
GREGORY SIMS
4615 N 22ND STREET, UNIT 203
PHOENIX AZ 85016
LONNIE J WILLIAMS JR.

COMM. GARBARINO
JUDGE MROZ

MINUTE ENTRY

The Court has received Plaintiff’s e-filed Application/Motion for Default against
Defendant(s) Gregory Sims 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
David W. Garbarino.

IT IS ORDERED that all documents necessary to support the entry of a default judgment
must be e-filed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

09/17/2018

Docket Code 023
Form V000A
Page 2

Pursuant to the Maricopa County eFiling 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
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

Chris DeRose, Clerk of Court

*** Electronically Filed ***

09/26/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

09/25/2018

Docket Code 089
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

JUDGE MROZ

MINUTE ENTRY

East Court Building– Courtroom 414

9:00 a.m. This is the time set a Telephonic Status Conference regarding the status of the
case. Plaintiff, Biltmore Gardens Homeowners Association is represented by counsel, Charlene
A. Cruz and Mark Sahl. Defendant, Gregory Sims is represented by counsel, Lonnie J. Williams.

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

Discussion is held regarding setting a trial in this case.

IT IS ORDERED setting this matter for a Trial to the Court on December 11, 2018 at
10:00 a.m. (time allotted: 4 hours) in this Division, before:

The Honorable Rosa Mroz
Maricopa County Superior Court
East Court Building, Fourth Floor

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

09/25/2018

Docket Code 089
Form V000A
Page 2

101 West Jefferson, Courtroom 414
Phoenix, AZ 85003
Phone: (602) 372-0384

Counsel are advised that the lunch recess will be from noon to 1:30 p.m. Each side is
allotted 2 hours of time.

IT IS ORDERED as follows:

That the parties shall file a Joint Pretrial Statement no later than December 4, 2018. The
statement shall briefly identify the issues, the witnesses, and a summary of the witnesses’
testimony.

Counsel shall attempt to agree on the admission of as many exhibits as possible. Counsel
shall contact the courtroom clerk, Diana Charbagi, at 602-506-8806 to schedule a time to deliver
exhibits. Counsel shall present all exhibits with a list of exhibit descriptions to the courtroom clerk
no later than 12:00 p.m. (noon) on November 27, 2018 along with a brief description of each
exhibit. Separate exhibits by a colored sheet of paper with the exhibit number written on front. Do
not skip numbers, or describe exhibits as “blank” or “withdrawn”; do not “reserve” numbers for
items not submitted to the clerk. Do not submit exhibits with subparts (e.g. exhibit 1a, 1b, 1c).
Staple or otherwise secure each individual exhibit so that pages do not become separated

Counsel shall present original depositions for filing at the same time they present exhibits.
Original depositions are provided to the clerk for the record and are not marked as exhibits.

Findings of Fact and Conclusions of Law: Any party who requests Rule 52 Findings of
Fact and Conclusions of Law shall file Proposed Findings of Fact and Conclusions of Law no later
than December 4, 2018. In addition to filing the Proposed Findings of Fact and Conclusions of
Law, an electronic version in Word or Word-compatible format shall be provided to the Division’s
Judicial Assistant. If Proposed Findings of Fact and Conclusions of Law are not filed as ordered,
the request shall be deemed waived.

DUTIES PRIOR TO TRIAL

To the extent that these orders are inconsistent with any order that has been entered by this
Court in this matter, including any scheduling order, this minute entry controls and the inconsistent
language in any such previous order is vacated.

Motions in Limine:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

09/25/2018

Docket Code 089
Form V000A
Page 3

The granting or denial of a motion in limine turns on whether the admission of evidence
reaches the level of reversible error or a mistrial. Motions in limine are not granted “except upon
a clear showing of non-admissibility.” The parties shall not file motions denominated as “in
limine” that are, in substance, late-filed motions for summary judgment.

1. Page Limit and Format: Neither the motion in limine nor the response may exceed
three pages, including the caption. Showing that the motion has merit should not require more
than that. Motions in limine shall be consecutively numbered in the caption identifying the party
filing it and the subject of the motion; e.g. “Defendant’s Motion in Limine No. 1 Re: Insurance
Agreement,” and shall deal with one discrete subject per motion. Do not respond to more than one
motion in limine in each response.

Any motion in limine or response to such a motion should begin with a simple declarative
sentence that identifies the evidence that is the subject of the motion, with the understanding that
the broader the scope of the evidence to be excluded, the less likely it is that a motion in limine
will be granted. The remainder of the motion or response should then explain why a mistrial or
reversible error would or would not result if the motion is denied, with citations to authority that
have reached the same conclusion in the same or similar circumstances (this also applies to motions
in limine based on any failure to disclose, keeping in mind that nondisclosure implicates Ariz. R.
Civ. P. 37(c)). If the motion is unable to explain why its denial would result in a mistrial or
reversible error, the remainder should then demonstrate persuasively what efficiency, economy, or
other benefit is to be gained by granting the motion.

2. Rule 7.2: Motions in limine shall be filed in accordance with Ariz.R.Civ.P. 7.2. Prior
to filing any motion in limine, the parties through counsel must meet and confer to attempt to
resolve issues to be raised by such motions, and any motions in limine must include a certification
that counsel have so conferred.

3. Deadlines: The deadline for motions in limine is 30 days before the final pretrial
management conference. In both instances, responses must be filed 15 days after service, and no
replies should be filed unless requested.

4. Under Advisement: Although motions in limine will be considered as quickly as the
court’s schedule permits, they will not be taken under advisement any sooner than 15 days before
the start of the trial, regardless of when they are filed. If the parties believe that a ruling on such a
motion early in the case will facilitate settlement, they should notify this division (by telephone at
(602) 372-0384 or e-mail to the judicial assistant) and every effort will be made to decide the issue
as soon as time allows.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

09/25/2018

Docket Code 089
Form V000A
Page 4

Daubert Motions:

Any motion brought for a Daubert hearing or brought under Ariz.R.Evid. 702, shall be
filed at least 120 days before the Final Trial Management Conference). Failure to file such a
motion by this date shall constitute a waiver of (1) any objection that the expert is not qualified to
render expert testimony, and/or (2) any objection that any opinion of the expert should be excluded
under Ariz.R.Evid. 702.

Miscellaneous Issues:

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.

Requests for interpreters, court reporters or video conference must be made at least two
weeks prior to your hearing date.

Trial time will be divided equally between Plaintiff and Defendant. “When you are out of
time, you are out of words.”

If you are not familiar with this division’s electronic equipment, please make an
appointment
with
this
division’s
bailiff,
Markus
Taylor,
via
email
at
[email protected], to test the equipment at least one week prior to your
hearing.

Preferred communication with this division is via email to the judicial assistant, Sandra
Nageotte, at [email protected]. We are able to respond much quicker to an
email. Please make sure you endorse all parties involved in the case.

All inquiries regarding exhibit procedures should be directed to this division’s courtroom
clerk, Diana Charbagi, at (602) 506-8806.

Please take the time to review the full protocol for Judge Mroz on the Maricopa County
Superior Court website.

9:06 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

10/14/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

10/10/2019

Docket Code 042
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

COURT ADMIN-CIVIL-ARB DESK
JUDGE MROZ

MINUTE ENTRY

The Court has reviewed the status of this case. On March 28, 2019, the parties signed a
settlement agreement in open court. At the time, Mr. Williams, Defendant’s lawyer, indicated that
the settlement agreement provided for two events to occur. Upon the completion of those events,
the parties would submit a stipulation to dismiss the case with prejudice. The parties anticipate
submitting the stipulation to dismiss by April 29, 2019. On May 8, 2019, the Court placed this
case on the Dismissal Calendar for dismissal on May 31, 2019 because it did not receive the
anticipated stipulation to dismiss. On May 28, 2019, the Court granted an extension of time and
set the case for dismissal on August 31, 2019. On June 10, 2019, the Court held a status conference
and was informed that Defendant did in fact “remove the Bamboo Screening” and “install[] a pre-
approved Coolaroo exterior shades in Walnut … or Sesame ….”. The Court indicated at that time
that: “As far as the Court is concerned, Defendant has fulfilled his end of the settlement agreement”
and that the “Court will take no further action on this dispute.”

The Court still has not received a stipulation to dismiss the case. Accordingly,

IT IS ORDERED dismissing this case, with prejudice, pursuant to the parties’ settlement.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

12/07/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-006748

12/06/2018

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CHARLENE A CRUZ

v.

GREGORY SIMS
LONNIE J WILLIAMS JR.

COURT ADMIN-CIVIL-ARB DESK
JUDGE MROZ

MINUTE ENTRY

The Court has received Plaintiff’s Notice of Settlement filed on December 5, 2018.
Accordingly,

IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal on January
7, 2019 without further notice, unless prior to said date a Judgment is entered or filed or a
Stipulation for Dismissal is presented.

IT IS FURTHER ORDERED any pending motions are hereby deemed moot.

IT IS FURTHER ORDERED vacating the Bench Trial set on December 11, 2018 in this
division.

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