01/25/2021 — CV2021001252 I I I, G S A, L L C, BOYD PHOENIX 01/25/2021 HONORABLE ROGER E. BRODMAN View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/26/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-001252
01/25/2021
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROGER E. BRODMAN
M. Corriveau
Deputy
SOUTHBANK PROPERTY OWNERS
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
BOYD PHOENIX I I I, G S A, L L C
BOYD PHOENIX I I I, G S A, L L C
CT CORPORATION SYSTEM
3800 N CENTRAL AVE # 460
PHOENIX AZ 85012
JUDGE BRODMAN
MINUTE ENTRY
Plaintiff has filed on January 22, 2021 an Application for a Temporary Restraining Order
and Request for Hearing on Preliminary Injunction and Request an Order to Show Cause
Hearing. Before the Court will set a date for this hearing, the parties must appear for a
preliminary 30-minute return hearing with the Court. Accordingly,
The Court declines to issue a temporary restraining order without notice. Defendants
deserve the opportunity to respond to the allegations made in the application for temporary
restraining order.
IT IS ORDERED that the parties shall appear remotely** on January 29, 2021 at 2:00
p.m. (time allotted: 30 minutes) before this division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-001252
01/25/2021
Docket Code 056
Form V000A
Page 2
This is a 30 minute proceeding with the Court. The Court will determine if more time is
needed. All parties, whether represented by attorneys or not, must appear telephonically. If there
is a failure to appear, the Court may make such orders as are just, including granting the relief
requested by the party who does appear.
NO FORMAL EVIDENCE WILL BE TAKEN AT THIS RETURN HEARING. The
purpose of the return hearing is to determine a date for an evidentiary hearing on plaintiff’s
application for a preliminary injunction and whether the preliminary injunction proceeding may
be consolidated with a trial on the merits.
FAILURE TO APPEAR MAY RESULT IN THE COURT SIGNING AN INJUNCTION
ORDER AGAINST THE DEFENDANTS.
IT IS FURTHER ORDERED that plaintiffs shall serve a copy of this Minute Entry
Order on defendant at least 48 hours before the return hearing date.
**Please note that the Court is utilizing a new virtual platform called Court Connect.
This platform will be used for all remote hearings, even if the hearing is telephonic (audio) only.
An auto-generated e-mail has been sent to local counsel of record. If for some reason you did
not receive the e-mail, please advise the Court. You may join the hearing using the following
link: tinyurl.com/jbazmc-cvj19, or you may appear via telephone by calling 1-917-781-4590,
conference ID# 441 101 510#. For further information, please visit:
https://superiorcourt.maricopa.gov/court-connect/
03/09/2022 — CV2021001252 I I I, G S A, L L C, BOYD PHOENIX 03/09/2022 HONORABLE M. SCOTT MCCOY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
03/10/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-001252
03/09/2022
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE M. SCOTT MCCOY
K. Ballard
Deputy
SOUTHBANK PROPERTY OWNERS
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
BOYD PHOENIX I I I, G S A, L L C
KENNETH M FRAKES
JUDGE MCCOY
CASE ON DISMISSAL CALENDAR
The Court having received the Notice of Settlement, filed March 4, 2022,
IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal of all
remaining claims and parties on or after May 9, 2022 without further notice unless, prior to that
date, 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 that any pending motions are denied as moot.
IT IS FURTHER ORDERED vacating the Trial Setting Conference set for June 17,
2022 in this Division.
NOTE: All courthouse visitors should have a face covering in their possession should a
specific area, courtroom or judicial officer require such covering to be worn.
04/01/2021 — CV2021001252 I I I, G S A, L L C, BOYD PHOENIX 04/01/2021 HONORABLE ROGER E. BRODMAN View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
04/06/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-001252
04/01/2021
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROGER E. BRODMAN
M. Corriveau
Deputy
SOUTHBANK PROPERTY OWNERS
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
BOYD PHOENIX I I I, G S A, L L C
KENNETH M FRAKES
JUDGE BRODMAN
MINUTE ENTRY
Courtroom: ECB 413
8:35 a.m. This is the time set for Status Conference. Plaintiff is represented by counsel,
Jonathan D. Eberthauser. Defendant is represented by counsel, Kenneth M. Frakes. This matter
proceeds via the Court Connect platform.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the current case status.
Counsel indicate that they are working to resolve this matter without further Court
intervention.
Plaintiff may re-urge the application for temporary restraining order as deemed
appropriate.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-001252
04/01/2021
Docket Code 029
Form V000A
Page 2
No orders are entered at this time.
8:39 a.m. Matter concludes.
09/20/2022 — CV2021001252 I I I, G S A, L L C, BOYD PHOENIX 09/20/2022 HONORABLE M. SCOTT MCCOY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
09/22/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-001252
09/20/2022
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE M. SCOTT MCCOY
T. DeRaddo
Deputy
SOUTHBANK PROPERTY OWNERS
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
BOYD PHOENIX I I I, G S A, L L C
KENNETH M FRAKES
JUDGE MCCOY
JUDGMENT OF DISMISSAL
This case was on the Dismissal Calendar for dismissal on May 9, 2022, unless specified
action was taken before a certain date. The date has passed, and the action has not been taken.
IT IS ORDERED dismissing this case without prejudice.
/ s / M. Scott McCoy
M. SCOTT MCCOY
JUDGE OF THE SUPERIOR COURT
10/26/2021 — CV2021001252 I I I, G S A, L L C, BOYD PHOENIX 10/26/2021 HONORABLE M. SCOTT MCCOY View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
10/27/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-001252
10/26/2021
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE M. SCOTT MCCOY
K. Ballard
Deputy
SOUTHBANK PROPERTY OWNERS
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
BOYD PHOENIX I I I, G S A, L L C
KENNETH M FRAKES
COMM. RICHARD ALBRECHT
JUDGE MCCOY
ORDER ENTERED BY COURT
This division has received Plaintiff’s e-filed Application for Entry of Default, filed
October 22, 2021, against Defendant Boyd Phoenix III GSA, LLC 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
Richard Albrecht.
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,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-001252
10/26/2021
Docket Code 023
Form V000A
Page 2
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
The parties/counsel can find additional information regarding the default judgment
process at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/
FOR ALL IN-PERSON APPEARANCES: Due to the spread of COVID-19, the
Arizona Supreme Court Administrative Order 2021-109 and the Maricopa County Superior
Court Administrative Order 2021-119 require all individuals entering a court facility in Maricopa
County to wear a mask or face covering at all times that they are inside the facility. Any person
who refuses to wear a mask or face covering as directed by court personnel will be denied access
to the facility. If a participant is denied physical access to a courthouse for refusing to wear a
face covering, the participant must contact the assigned judicial division to determine whether
the person can participate in the proceeding using an audio or video connection. 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.
12/01/2021 — CV2021001252 I I I, G S A, L L C, BOYD PHOENIX 12/01/2021 HONORABLE M. SCOTT MCCOY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
12/08/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-001252
12/01/2021
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE M. SCOTT MCCOY
K. Ballard
Deputy
SOUTHBANK PROPERTY OWNERS
ASSOCIATION
JONATHAN D EBERTSHAUSER
v.
BOYD PHOENIX I I I, G S A, L L C
KENNETH M FRAKES
JUDGE MCCOY
CASE STATUS MINUTE ENTRY
The Court has considered Plaintiff’s Portion of Joint Report, filed October 22,
2021. Now that an answer has been filed, the parties should submit a joint report in the regular
course. The Court will take no action on Plaintiff’s Portion of Joint Report.
FOR ALL IN-PERSON APPEARANCES: Due to the spread of COVID-19, the
Arizona Supreme Court Administrative Order 2021-109 and the Maricopa County Superior
Court Administrative Order 2021-119 require all individuals entering a court facility in Maricopa
County to wear a mask or face covering at all times that they are inside the facility. Any person
who refuses to wear a mask or face covering as directed by court personnel will be denied access
to the facility. If a participant is denied physical access to a courthouse for refusing to wear a
face covering, the participant must contact the assigned judicial division to determine whether
the person can participate in the proceeding using an audio or video connection. 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.
