08/25/2020 — CV2020007662 MEADOWS HOMEOWNERS ASSOCIATION, RIGGS RANCH 08/25/2020 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/26/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-007662
08/25/2020
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
K. Ballard
Deputy
RIGGS RANCH MEADOWS HOMEOWNERS
ASSOCIATION
MICHELLE B WELLNITZ
v.
JAMES WHITE, et al.
JAMES WHITE
2972 E BEECHNUT PL
CHANDLER AZ 85249
JANINE I WHITE
2972 E BEECHNUT PL
CHANDLER AZ 85249
JUDGE MAHONEY
STATUS CONFERENCE SET
Courtroom: ECB-411
9:03 a.m. This is the time set for an Order to Show Cause Return Hearing on Plaintiff’s
Request for Preliminary and Permanent Injunctions, filed 7/2/2020. Plaintiff Riggs Ranch
Meadows Homeowners Association is represented by Counsel Michelle B. Wellnitz. Defendants
James White and Janine I. White are present, representing themselves. All appearances are
telephonic.
A record of the proceedings is made digitally in lieu of a court reporter.
Mr. and Mrs. White confirm that they are representing themselves in this matter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-007662
08/25/2020
Docket Code 028
Form V000A
Page 2
The Court advises the Whites that Arizona law requires that self-represented parties are
held to the same standards as a licensed attorney.
Mr. White provides the Court with Defendants’ current contact information, which is as
follows.
James White
2972 E. Beechnut Pl.
Chandler, AZ 85249
Cell phone: 480-229-8274
Email: [email protected]
Janine I. White
2972 E. Beechnut Pl.
Chandler, AZ 85249
Cell phone: 480-662-1216
Email: [email protected]
The Whites are advised of the requirement to keep current ALL contact information on file
at all times. If changes need to be made, a form may be downloaded at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/
The Court notes that the Order to Show Cause issued on 7/15/2020 contains a
typographically error on page 2, line 8, in that it references Defendants as “Brian Mitchell and
Amy Mitchell.” All other references to Defendants in the Order to Show Cause correctly reference
the Defendants as James White and Janine L. White.
IT IS ORDERED amending the Order to Show Cause issued on 7/15/2020, page 2, line
8, to reflect Defendants as “James White and Janine L. White” in place and stead of “Brian
Mitchell and Amy Mitchell.” The balance of the Order to Show Cause remains unchanged.
Mr. White indicates that he emailed Plaintiff’s counsel upon receipt of the service
documents to advise that Defendants have no objection to the service on the basis of the incorrect
reference to the Mitchells in the Order to Show Cause, and Defendants further acknowledge that
they both received proper notice of today’s hearing.
The Court inquires if the parties have had an opportunity to confer with each other as to
this matter, and, if so, whether any agreements have been reached. Discussion is held as to same.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-007662
08/25/2020
Docket Code 028
Form V000A
Page 3
Defendants having advised Plaintiff that they are now in compliance as to the allegedly
“inoperable” vehicle and the yard maintenance, Plaintiff’s counsel requests that the Court schedule
a Status Conference in approximately 30 days to reassess the status of violations raised in the
Complaint, and to determine if any resolution has been reached by the parties.
Mr. White addresses the Court as to difficulties he is encountering in negotiating in good
faith to resolve the case as he disagrees with the statement that his vehicle was ever inoperable and
has requested documentation from Plaintiff as to same, as well as documentation as to the fines
and fees because Plaintiff has provided Defendants with an email advising Defendants have a zero
balance with Plaintiff. Mr. White also indicates he is attempting to inquire as to the process to
avoid issues in the future.
The Court encourages the parties to confer in an attempt to resolve the current issues as
well as any future issues.
Discussion is held as to the claimed violation relating to the vehicle and the trailer.
Plaintiff’s counsel indicates that if she is able to verify some of the statements made by Mr.
White as to the trailer variance and the “inoperable” vehicle, she would recommend to the HOA
that the fines be waived. Additionally, counsel indicates she has already requested documentation
from the HOA as to the fine breakdown and will promptly provide same to Defendants, likely
within the week.
Discussion is held as to a timeframe for the parties to attempt to resolve the case.
The Court inquires as to the possibility of extending the Answer deadline given the
discussions held today.
Mr. White advises the Court that Defendants filed their Answer yesterday.
The parties are advised that any time any party files something that is time sensitive, they
should also contemporaneously email same to the opposing side and the Court due to the delay
(approximately 48 hours) in receiving filings based on Clerk of Court processes.
Email addresses for Court staff are as follows:
JA, Jennifer “JJ” Sommerville, [email protected]
Courtroom Assistant/Bailiff, Ana Meza, [email protected]
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-007662
08/25/2020
Docket Code 028
Form V000A
Page 4
IT IS FURTHER ORDERED setting a telephonic Status Conference on 10/28/2020 at
9:00 a.m. (time allotted: 15 minutes) to discuss the parties’ efforts to address and resolve the
issues discussed today as to the alleged violations, in this Division.
Honorable Margaret R. Mahoney
East Court Building
101 West Jefferson, Courtroom 411
Phoenix, Arizona 85003-2202
Telephone: (602) 506-0387
PLEASE NOTE: The Court will be utilizing a bridge line for the telephonic proceeding
set forth above. At the time of the proceeding, all parties shall dial into the bridge line at 602-506-
9695 (or toll free at 1-855-506-9695). When prompted, enter the following collaboration code:
495404 (followed by the # sign). If you are disconnected for any reason, please repeat the
instructions above to rejoin the telephonic proceeding.
IT IS FURTHER ORDERED if the parties reach a resolution before the 10/28/2020
Status Conference, the parties shall file a Notice of Settlement or other appropriate Notice
or Stipulation to Dismiss, and the Status Conference will be vacated.
IT IS FURTHER ORDERED that any party who intends to ask the Court to vacate or
reset any scheduled hearing shall notify this Division of said request as soon as possible, and absent
extraordinary circumstances, in any event no later than two (2) full Court days before the scheduled
proceeding. Reasons for such a request may include, but are not limited to, the movant intends to
withdraw the motion which is set for hearing, the parties have resolved the issue, the motion has
become moot, or scheduling conflicts have arisen.
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.
9:36 a.m. Matter concludes.
PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court filings in this case must be submitted individually. Counsel shall not combine any motion
with a responsive pleading. All motions are to be filed separately and designated as such. No filing
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-007662
08/25/2020
Docket Code 028
Form V000A
Page 5
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other, separate filings for review and
consideration as part of the pending filing.
ALERT: Due to the spread of COVID-19, the Arizona Supreme Court Administrative
Order 2020-79 requires all individuals entering a Court facility to wear a mask or face covering at
all times while they are in the Court facility. With limited exceptions, the Court will not provide
masks or face coverings. Therefore, any individual attempting to enter the Court facility must have
an appropriate mask or face covering to be allowed entry to the Court facility. Any person who
refuses to wear a mask or face covering as directed will be denied entrance to the Court facility or
asked to leave. In addition, all individuals entering a Court facility will be subject to a health
screening protocol. Any person who does not pass the health screening protocol will be denied
entrance to the Court facility.
ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney files a notice
that he or she represents a party, the person(s) not represented by an attorney will act as his or her
own attorney. The law requires the Court to hold all persons representing themselves to the
same standard as a licensed attorney. Kelly v. NationsBanc Mortgage Corp., 199 Ariz. 284,
287 (App. 2001); Homecraft Corp. v. Fimbres, 119 Ariz. 299, 301 (App. 1978). Self-represented
litigants are encouraged to review and become familiar with the Arizona Rules of Civil Procedure,
paying particular attention to Rule 26. Please note that only a licensed attorney may represent
a corporation, LLC, or similar business entity in the Superior Court. Ramada Inns v. Lane &
Bird Advertising, 102 Ariz. 127, 426 P.2d 395 (1967).
Before the Judge can consider anything you send her, you must show her that you have
given a copy of your request:
1. To the Clerk of the Court. The Clerk of the Court is a separately elected official. It is
the Clerk’s job to keep an independent record of everything that happens at the Court.
The Court cannot act on a document that has not been made a part of that record; and
2. To every other party involved in the case. This allows all parties a fair chance to tell the
Judge what they think before the Judge makes a decision.
Because of that, if you want the Judge to consider something you send her, you must file
the original document with the Clerk of the Superior Court, mail or deliver a copy directly to this
Division (that is, to the Judge, using her specific courtroom address), and mail or deliver a copy to
all opposing parties. In addition, on each document, you must include a signed certificate that says
whether you mailed or hand-delivered each copy, when you did so, and states the specific people
and the specific addresses to which you mailed or hand-delivered each copy. If a party is
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-007662
08/25/2020
Docket Code 028
Form V000A
Page 6
represented by a lawyer, you must send or deliver the copy to the lawyer, not to the party. All
proposed Orders submitted to this Division in hard copy form must include copies of the Order
with self-addressed, stamped envelopes for all parties/counsel.
Do not mail or send papers for the Clerk or other parties to the Judge.
Information on filing documents with the Clerk of the Court can be found at:
https://www.clerkofcourt.maricopa.gov/services/filings/filing-counters
Information on eFiling documents with the Clerk of Court can be found at:
https://www.clerkofcourt.maricopa.gov/records/filings
Additionally, information regarding eFiling in civil cases can be found at:
https://www.azcourts.gov/efilinginformation
If you are not represented by a lawyer, you must keep the Court updated regarding your
current address and telephone number. If your address or phone number changes at any time, you
must file a notice of change of address/phone number with the Clerk of Court. That form can be
downloaded at no charge from the following website:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/
Alternatively, you may purchase printed forms at any of the following Superior Court
Law Library Resource Center locations (Monday-Friday, 8:00 a.m. to 5:00 p.m.):
Downtown Phoenix Facility
Southeast Facility
East Court Building
222 E. Javelina Ave.
101 W. Jefferson St.
Mesa, AZ 85210-6201
Phoenix, AZ 85003-2243
Northeast Court Facility
Northwest Regional Center
18380 N. 40th Street
14264 W. Tierra Buena Lane
Phoenix, AZ 85032
Surprise, AZ 85374
10/20/2020 — CV2020007662 MEADOWS HOMEOWNERS ASSOCIATION, RIGGS RANCH 10/20/2020 HONORABLE MARGARET R. MAHONEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/22/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-007662
10/20/2020
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARGARET R. MAHONEY
K. Ballard
Deputy
RIGGS RANCH MEADOWS HOMEOWNERS
ASSOCIATION
MICHELLE B WELLNITZ
v.
JAMES WHITE, et al.
JAMES WHITE
2972 E BEECHNUT PL
CHANDLER AZ 85249
JANINE I WHITE
2972 E BEECHNUT PL
CHANDLER AZ 85249
COURT ADMIN-CIVIL-ARB DESK
JUDGE MAHONEY
CASE ON DISMISSAL CALENDAR
The Court has received the Notice of Settlement filed 10/19/2020 by Plaintiff.
IT IS ORDERED setting this matter for dismissal on 11/20/2020. 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 vacating all future hearing dates and deadlines, if any.
IT IS FURTHER ORDERED deeming any pending motions moot due to the parties’
settlement.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-007662
10/20/2020
Docket Code 375
Form V000A
Page 2
* * * *
PLEASE NOTE: This Division requires that all motions, responses, replies and other
Court filings in this case must be submitted individually. Counsel shall not combine any motion
with a responsive pleading. All motions are to be filed separately and designated as such. No filing
will be accepted if filed in combination with another. Additionally, all filings shall be fully
self-contained and shall not “incorporate by reference” other, separate filings for review and
consideration as part of the pending filing.
ALERT: Due to the spread of COVID-19, the Arizona Supreme Court Administrative
Order 2020-79 requires all individuals entering a Court facility to wear a mask or face covering at
all times while they are in the Court facility. With limited exceptions, the Court will not provide
masks or face coverings. Therefore, any individual attempting to enter the Court facility must have
an appropriate mask or face covering to be allowed entry to the Court facility. Any person who
refuses to wear a mask or face covering as directed will be denied entrance to the Court facility or
asked to leave. In addition, all individuals entering a Court facility will be subject to a health
screening protocol. Any person who does not pass the health screening protocol will be denied
entrance to the Court facility.
ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney files a notice
that he or she represents a party, the person(s) not represented by an attorney will act as his or her
own attorney. The law requires the Court to hold all persons representing themselves to the
same standard as a licensed attorney. Kelly v. NationsBanc Mortgage Corp., 199 Ariz. 284,
287 (App. 2001); Homecraft Corp. v. Fimbres, 119 Ariz. 299, 301 (App. 1978). Self-represented
litigants are encouraged to review and become familiar with the Arizona Rules of Civil Procedure,
paying particular attention to Rule 26. Please note that only a licensed attorney may represent
a corporation, LLC, or similar business entity in the Superior Court. Ramada Inns v. Lane &
Bird Advertising, 102 Ariz. 127, 426 P.2d 395 (1967).
Before the Judge can consider anything you send her, you must show her that you have
given a copy of your request:
1. To the Clerk of the Court. The Clerk of the Court is a separately elected official. It is
the Clerk’s job to keep an independent record of everything that happens at the Court.
The Court cannot act on a document that has not been made a part of that record; and
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-007662
10/20/2020
Docket Code 375
Form V000A
Page 3
2. To every other party involved in the case. This allows all parties a fair chance to tell the
Judge what they think before the Judge makes a decision.
Because of that, if you want the Judge to consider something you send her, you must file
the original document with the Clerk of the Superior Court, mail or deliver a copy directly to this
Division (that is, to the Judge, using her specific courtroom address), and mail or deliver a copy to
all opposing parties. In addition, on each document, you must include a signed certificate that says
whether you mailed or hand-delivered each copy, when you did so, and states the specific people
and the specific addresses to which you mailed or hand-delivered each copy. If a party is
represented by a lawyer, you must send or deliver the copy to the lawyer, not to the party. All
proposed Orders submitted to this Division in hard copy form must include copies of the Order
with self-addressed, stamped envelopes for all parties/counsel.
Do not mail or send papers for the Clerk or other parties to the Judge.
Information on filing documents with the Clerk of the Court can be found at:
https://www.clerkofcourt.maricopa.gov/services/filings/filing-counters
Information on eFiling documents with the Clerk of Court can be found at:
https://www.clerkofcourt.maricopa.gov/records/filings
Additionally, information regarding eFiling in civil cases can be found at:
https://www.azcourts.gov/efilinginformation
If you are not represented by a lawyer, you must keep the Court updated regarding your
current address and telephone number. If your address or phone number changes at any time, you
must file a notice of change of address/phone number with the Clerk of Court. That form can be
downloaded at no charge from the following website:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/
Alternatively, you may purchase printed forms at any of the following Superior Court
Law Library Resource Center locations (Monday-Friday, 8:00 a.m. to 5:00 p.m.):
Downtown Phoenix Facility
Southeast Facility
East Court Building
222 E. Javelina Ave.
101 W. Jefferson St.
Mesa, AZ 85210-6201
Phoenix, AZ 85003-2243
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2020-007662
10/20/2020
Docket Code 375
Form V000A
Page 4
Northeast Court Facility
Northwest Regional Center
18380 N. 40th Street
14264 W. Tierra Buena Lane
Phoenix, AZ 85032
Surprise, AZ 85374
