08/27/2021 — CV2021013506 DRAKE, STEVE C 08/27/2021 HONORABLE SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/30/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
08/27/2021
Docket Code 087
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SALLY SCHNEIDER DUNCAN
D. Tapia
Deputy
STEVE C DRAKE, et al.
THOMAS EDWARD RACCUIA
v.
OVERLAND HILLS HOMEOWNERS
ASSOCIATION
OVERLAND HILLS HOMEOWNERS
ASSOCIATION
C/O TOM EMELE STATUTORY
AGENT
3260 E INDIAN SCHOOL RD
PHOENIX AZ 85018
JUDGE DUNCAN
MINUTE ENTRY
Pursuant to the Order To Show Cause,
IT IS ORDERED setting an Order to Show Cause Hearing via Court Connect/Microsoft
Teams on September 2, 2021 at 9:15 a.m. before:
THE HONORABLE SALLY S. DUNCAN
MARICOPA COUNTY SUPERIOR COURT
OLD COURT HOUSE
125 W. WASHINGTON STREET
SUITE 201
PHOENIX, AZ 85003
PHONE: 602-506-9042
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
08/27/2021
Docket Code 087
Form V000A
Page 2
This is a 15 minute proceeding with the court. No testimony or evidence will be taken.
The court will determine at the return hearing if more time is needed for oral argument or an
evidentiary hearing and a future date will be set. All parties, whether represented by attorneys or
not, must be present. 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.
The parties shall appear virtually via Court Connect using Microsoft Teams Meeting.
Video appearance (i.e., live use of the camera) is strongly preferred.
Join Microsoft Teams Meeting
tinyurl.com/jbazmc-cvj06
To call into the meeting using your phone:
+1 917-781-4590 United States, New York City (Toll)
Conference ID: 942 024 389#
The court will not consider any email communication unless all parties and/or
counsel, and both members of the court’s staff are copied. All email communication between
the court and the parties and/or counsel are filed into the record. This division’s Judicial
Assistant, Chrystal Castro, and Courtroom Assistant, Alicia Arreola can be reached at:
[email protected]
[email protected]
Counsel and self-represented parties must make sure their email address is correct in
iCIS. If incorrect, please provide the correct email address to division staff using the chat
feature through Court Connect/Microsoft Teams.
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.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
08/27/2021
Docket Code 087
Form V000A
Page 3
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.
Should you want an unofficial copy of the proceedings, the parties or counsel may request
a CD of the proceedings for a $20.00 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. 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.
09/02/2021 — CV2021013506 DRAKE, STEVE C 09/02/2021 HONORABLE SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
09/08/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
09/02/2021
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SALLY SCHNEIDER DUNCAN
G. Grantham/C. Mai
Deputy
STEVE C DRAKE, et al.
THOMAS EDWARD RACCUIA
v.
OVERLAND HILLS HOMEOWNERS
ASSOCIATION
ANDREW APODACA
JUDGE DUNCAN
MINUTE ENTRY
Old Court House #201
9:17 a.m. This is the time set for an Order to Show Cause Return Hearing. Plaintiffs are
represented by counsel, Thomas Edward Raccuai. Defendant is represented by counsel, Andrew
Apodaca. All counsel are present virtually through Court Connect.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the September 17, 2021 board meeting and secondary
election.
Based on the offer made by Defendant,
IT IS ORDERED Overland Hills Homeowners Association shall suspend all board
meetings until order of the Court. Parties shall make applications the Court in a timely manner
should any emergency actions arise before trial commences.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
09/02/2021
Docket Code 089
Form V000A
Page 2
IT IS FURTHER ORDERED discovery shall be completed by September 30, 2021, by
mutual agreement of all parties.
IT IS FURTHER ORDERED setting this matter for a four and one-half (4 ½) hour
Trial to the Court commencing on November 8, 2021 at 11:00 a.m. in this division before:
THE HONORABLE SALLY S. DUNCAN
MARICOPA COUNTY SUPERIOR COURT
OLD COURTHOUSE
125 W. WASHINGTON STREET
SUITE 201
PHOENIX, AZ 85003
PHONE: 602-506-9042
Trial time will be divided between Plaintiff and Defendant.
Parties will appear in-person.
IT IS FURTHER ORDERED:
1. A Joint Pretrial Statement (JPTS) must be filed no later than 12:00 p.m., October 8,
2021.
2. Exhibits: Exhibits and stipulations shall be delivered to this Division by 12:00 p.m.,
October 8, 2021. Exhibit Guidelines are attached herein. Exhibits will be marked
consecutively starting with number one (1).
NOTICE: EXHIBITS MARKED BUT NOT OFFERED
All exhibits (electronic or paper) not offered/received into evidence the day of the
hearing will be disposed of by the courtroom clerk, unless a party requests that the evidence be
returned prior to the conclusion of the hearing.
LET THE RECORD REFLECT the parties have stipulated to the Witness Rule of
Exclusion.
9:29 a.m. Matter concludes.
Based on the trial setting, the court sets the following deadlines and makes the following
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
09/02/2021
Docket Code 089
Form V000A
Page 3
DUTIES PRIOR TO TRIAL
In advance of the Trial, the parties shall attend to the following:
A. Discovery Disputes: If a discovery dispute needs judicial intervention, the parties
must first comply with the “meet and confer” provision of Rule 37. Absent
resolution, counsel for the movant shall email the court’s Judicial Assistant and
Courtroom assistant, and all other counsel to advise them of his/her request for a
telephonic hearing. Each party shall thereafter email the court’s Judicial Assistant
and Courtroom Assistant a summary of the dispute in Times New Roman 13 point
font, limited to no more than two pages. The submitted written summary shall
include the case number, names of parties and name of party from whom the
summary is submitted. All parties shall be copied on the email. The emails will be
filed with the Clerk. Once the court receives a summary from each party and a
certification of compliance with Rule 37, the Judicial Assistant and/or Courtroom
Assistant will email the parties to schedule a telephonic conference with the Judge.
These are generally held within one to three business days.
B. Interpreters: Requests for interpreters, court reporters or video conference
must be made at least twenty-one (21) days prior to the trial/hearing date.
COMMUNICATION WITH DIVISION
Preferred communication with this Division is via email.
The court will not consider any email communication unless all parties and/or
counsel, and both members of the court’s staff are copied. All email communication
between the court and the parties and/or counsel are filed into the record. This division’s
Judicial Assistant, Crystal Castro, and Courtroom Assistant, Alicia Arreola can be reached
at:
[email protected]
[email protected]
Counsel and self-represented parties must make sure their email address is correct
in iCIS. If incorrect, please provide the correct email address to division staff using the
chat feature through Court Connect/Microsoft Teams.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
09/02/2021
Docket Code 089
Form V000A
Page 4
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.
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.
ATTACHED: Exhibit Guidelines
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
09/02/2021
Docket Code 089
Form V000A
Page 5
EXHIBITS GUIDELINES
1. Exhibits will be marked consecutively. The Clerk cannot reserve numbers for exhibits that
will be provided at a later date. Any missing Exhibits will not be considered and the
numbers of all following Exhibits will be moved up. If Defendant’s Exhibits are received
prior to Plaintiff’s Exhibits, the Clerk may mark them first.
2. Original Depositions will not be marked as an Exhibit. Original depositions to be used for
impeachment purposes shall be provided to the Clerk on the first day of trial to be hand-filed.
3. Do not submit duplicate Exhibits, it is essential that counsel confer to avoid submitting
duplicate Exhibits.
4. If large charts or blow-ups are anticipated to be used, please include a small version (or
photo) which can be marked as the Exhibit. The charts and blow-ups are used for
demonstrative purpose only, are not marked, and are returned to counsel.
5. Each multiple page exhibit MUST be securely stapled, binder clipped (only if staple does not
hold), or secured with a paper file fastener. Binders are acceptable only if none of the above
can securely hold the Exhibit. DO NOT use paper clips or submit loose sheets of paper.
6. Do not put numbers on the Exhibits themselves; instead, use a Number Tab Divider. Place
the divider in front of each Exhibit, however, DO NOT staple or paper-clip it to the
Exhibit itself (this should be the only loose item).
7. Counsel are to provide a workable list of Exhibits. The list should include a title or
description of each Exhibit. (See blank sample of the following table as a reference).
Exhibit
No.
Identified
By
Description
Should be verifiable when viewing the first page of the exhibit
8. A Binder with the Exhibits should be delivered to this division for the court’s use.
9. The parties are strongly discouraged from marking Exhibits they do not anticipate
offering during trial.
For additional assistance in preparation of Exhibits, contact this Division and your call will be
transferred to the clerk.
09/21/2021 — CV2021013506 DRAKE, STEVE C 09/21/2021 HONORABLE SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
09/22/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
09/21/2021
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SALLY SCHNEIDER DUNCAN
D. Tapia
Deputy
STEVE C DRAKE, et al.
THOMAS EDWARD RACCUIA
v.
OVERLAND HILLS HOMEOWNERS
ASSOCIATION
ANDREW APODACA
COMM. POPHAM
JUDGE DUNCAN
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application for Entry of Default (filed
September 17, 2021), against Defendant(s) Overland Hills Homeowners’ Association 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
Popham.
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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
09/21/2021
Docket Code 023
Form V000A
Page 2
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 also find additional information regarding the default judgment
process at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/.
The court will not consider any email communication unless all parties and/or counsel
and both members of the court’s staff are copied. All email communication between the court
and the parties and/or counsel are filed into the record. The Judicial Assistant, Chrystal
Castro, and the Courtroom Assistant, Alicia Arreola, can be reached at:
[email protected]
[email protected]
09/22/2021 — CV2021013506 DRAKE, STEVE C 09/22/2021 HONORABLE SALLY SCHNEIDER DUNCAN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
09/23/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-013506
09/22/2021
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE SALLY SCHNEIDER DUNCAN
D. Tapia
Deputy
STEVE C DRAKE, et al.
THOMAS EDWARD RACCUIA
v.
OVERLAND HILLS HOMEOWNERS
ASSOCIATION
ANDREW APODACA
JUDGE DUNCAN
MINUTE ENTRY
The court having received Notice of Settlement,
IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal of all
remaining claims and parties on or after November 22, 2021, without further notice unless, prior
to that date, a Joint Report and Proposed Scheduling Order is filed, 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 deeming any pending motions moot.
IT IS FURTHER ORDERED vacating all future hearings.
The court will not consider any email communication unless all parties and/or counsel
and both members of the court’s staff are copied. All email communication between the court
and the parties and/or counsel are filed into the record. The Judicial Assistant, Chrystal
Castro, and the Courtroom Assistant, Alicia Arreola, can be reached at:
[email protected]; [email protected]
