02/10/2023 — CV2021016994 BILTMORE ASSOCIATION INC, FLYNN LANE 02/10/2023 HONORABLE JOAN M. SINCLAIR View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
02/15/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-016994
02/10/2023
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOAN M. SINCLAIR
S. Motzer
Deputy
LEONA LYNN NELSON
OSBALDO M BARRAGAN
v.
FLYNN LANE BILTMORE ASSOCIATION
INC, et al.
CAROL M ROMANO
JUDGE SINCLAIR
MINUTE ENTRY
The Court has received and reviewed Defendants’ Statement of Disclosure/Discovery
Dispute.
IT IS ORDERED setting a virtual Status Conference on February 24, 2023 at 9:15 a.m.
(15 minutes allotted).
1. Click www.Tinyurl.com/jbazmc-cvj13 or enter it in the browser of your device
2. Enter your full name and role in name field.
3. Wait for the facilitator to admit you to the proceeding (note that you may wait to be
admitted and the Court may not be able to communicate with you while you wait).
Self-represented litigants may call in if access to internet is not available.
Phone: +1 917-781-4590
Conference ID: 776 371 089#
PLEASE NOTE: If a party files a pleading within 1 week of a scheduled event, the party
should also e-mail same to the Court’s Judicial Assistant and Courtroom Assistant. All
correspondence to this Division should be sent to [email protected].
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-016994
02/10/2023
Docket Code 028
Form V000A
Page 2
The Arizona Constitution requires the Arizona Commission on Judicial
Performance Review to conduct performance evaluations of superior court judges.
The Commission is asking for your help to evaluate Maricopa County Superior
Court judges currently undergoing performance review. After your hearing, if the
judge you are in front of is undergoing review, a survey will either be given to you
by court staff or will be emailed to you and you can take the survey online. The
survey is conducted by the Docking Institute of Public Affairs at Fort Hays State
University and is anonymous and confidential. Your participation in the review
process is important! More information on Judicial Performance Review can be
found at www.azjudges.info.
La Constitución de Arizona exige que la Comisión de la Evaluación del Desempeño
Judicial realice evaluaciones de desempeño de los jueces de los tribunales
superiores. La comisión pide su ayuda para evaluar a los jueces del Tribunal
Superior del Condado de Maricopa a quienes actualmente se les está evaluando su
desempeño. Después de su audiencia, si el juez frente a usted está siendo revisado,
el personal de la corte le entregará una encuesta o se le enviará por correo
electrónico y usted puede realizar la encuesta en línea. La encuesta es realizada por
el Docking Institute of Public Affairs de la Fort Hays State University y se mantiene
anónima y confidencial. ¡Su participación en el proceso de la evaluación es
importante! Para obtener más información sobre la evaluación del desempeño
judicial, diríjase a www.azjudges.info.
02/24/2023 — CV2021016994 BILTMORE ASSOCIATION INC, FLYNN LANE 02/24/2023 HONORABLE JOAN M. SINCLAIR View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
02/27/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-016994
02/24/2023
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOAN M. SINCLAIR
S. Motzer
Deputy
LEONA LYNN NELSON
OSBALDO M BARRAGAN
v.
FLYNN LANE BILTMORE ASSOCIATION
INC, et al.
CAROL M ROMANO
DEREK J WARNER
JUDGE SINCLAIR
MINUTE ENTRY
East Court Building – Courtroom 911
9:17 a.m. Tis is the time set for a virtual Status Conference on Defendants’ Statement of
Disclosure/Discovery Dispute. Plaintiff is represented by counsel, Osbaldo M. Barragan.
Defendants are represented by counsel, Derek J. Warner. All parties appear via Court Connect.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the discovery dispute.
Counsel agree that they are working together to resolve their issues.
9:20 a.m. Matter concludes.
08/08/2023 — CV2021016994 BILTMORE ASSOCIATION INC, FLYNN LANE 08/08/2023 HONORABLE JOAN M. SINCLAIR View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
08/09/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-016994
08/08/2023
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOAN M. SINCLAIR
S. Ortega
Deputy
LEONA LYNN NELSON
OSBALDO M BARRAGAN
v.
FLYNN LANE BILTMORE ASSOCIATION
INC, et al.
CAROL M ROMANO
JUDGE SINCLAIR
MINUTE ENTRY
The Court having received Defendants Flynn Lane Biltmore Association and Golden
Valley Property Management’s Motion for Summary Judgment, filed June 26, 2023, and the
related Response and Reply,
IT IS ORDERED setting Oral Argument on the motion on September 1, 2023 at 9:00
a.m. (30 minutes) in this division.
1. Click www.Tinyurl.com/jbazmc-cvj13 or enter it in the browser of your device
2. Enter your full name and role in name field.
3. Wait for the facilitator to admit you to the proceeding (note that you may wait to be
admitted and the Court may not be able to communicate with you while you wait).
Self-represented litigants may call in if access to internet is not available.
Phone: +1 917-781-4590
Conference ID: 776 371 089#
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-016994
08/08/2023
Docket Code 094
Form V000A
Page 2
PLEASE NOTE: If a party files a pleading within 1 week of a scheduled event, the party
should also e-mail same to the Court’s Judicial Assistant and Courtroom Assistant. All
correspondence to this Division should be sent to [email protected].
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.
09/01/2023 — CV2021016994 BILTMORE ASSOCIATION INC, FLYNN LANE 09/01/2023 HONORABLE JOAN M. SINCLAIR View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
09/05/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-016994
09/01/2023
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOAN M. SINCLAIR
N. Johnson
Deputy
LEONA LYNN NELSON
OSBALDO M BARRAGAN
v.
FLYNN LANE BILTMORE ASSOCIATION
INC, et al.
CAROL M ROMANO
DEREK J WARNER
JUDGE SINCLAIR
MINUTE ENTRY
East Court Building – Courtroom 911
8:55 a.m. This is the time set for a virtual Oral Argument regarding Defendants Flynn Lane
Biltmore Association and Golden Valley Property Management’s Motion for Summary Judgment,
filed June 26, 2023. Plaintiff, Leona Lynn Nelson, is present and is represented by counsel,
Osbaldo M. Barragan. Defendants, Flynn Lane Biltmore Association and Golden Valley Property
Management, LLC, are represented by counsel, Derek J. Warner. The parties appear virtually.
A record of the proceedings is made digitally in lieu of a court reporter.
Oral argument is presented.
For the reasons stated on the record,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-016994
09/01/2023
Docket Code 005
Form V000A
Page 2
IT IS ORDERED taking this matter under advisement.
9:01 a.m. Matter concludes.
LATER:
The Plaintiff argues that the issue of whether the Defendant had notice of the condition of
the walkway where she fell is one for the jury’s determination. However, she has provided no
evidence to support her allegation that she notified the HOA board of any dangerous condition on
the sidewalk near the mailboxes as was argued. The Plaintiff’s deposition indicates that she “may
have mentioned it in a board meeting… .” Exhibit 2 to Defendant’s Statement of Facts. The defense
expert report indicated that there was no rock spillage, no curb or other defect in the area by the
mailboxes. Exhibit 4 to Defendant’s Statement of Facts. This evidence does not create a genuine
issue of material fact for the jury to determine. The evidence here demonstrates that no reasonable
factfinder could determine that the Defendant had notice of any defective or dangerous condition
on its property.
Moreover, Plaintiff argues that additional investigation and discovery “may reveal whether
Defendants adequately addressed potential hazards on the property and whether they fulfilled their
duty to ensure the property was safe for use by invitees.” Plaintiff’s Response, p. 3. This case is
two years old. Discovery closes on September 29, 2023, and the Plaintiff did not ask for Rule
56(d) relief or claim that she needed more time to respond substantively to this motion for summary
judgment. She did not indicate whether she has an expert and the deadline to do so has since
passed. The Court is left with essentially no evidence from the Plaintiff upon which to find any
dispute of material fact exists other than the Plaintiff’s deposition testimony noted above. That is
insufficient to send this matter to a jury. Therefore,
IT IS ORDERED granting the Defendant’s Motion for Summary Judgment. The
Defendant shall file a proposed judgment with the Court by September 22, 2023. Any objections
shall be filed by September 29, 2023.
11/28/2022 — CV2021016994 BILTMORE ASSOCIATION INC, FLYNN LANE 11/28/2022 HONORABLE JOAN M. SINCLAIR View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
11/29/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-016994
11/28/2022
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOAN M. SINCLAIR
S. Motzer
Deputy
LEONA LYNN NELSON
OSBALDO M BARRAGAN
v.
FLYNN LANE BILTMORE ASSOCIATION
INC, et al.
CAROL M ROMANO
JUDGE SINCLAIR
MINUTE ENTRY
The Court has received and reviewed the Joint Statement of Discovery Dispute Re:
Plaintiffs Discovery Responses filed November 18, 2022.
IT IS ORDERED setting a virtual Status Conference on December 15, 2022 at 9:45 a.m.
(15 minutes allotted).
This hearing will be conducted through the Court Connect program offered by the Superior
Court of Arizona in Maricopa County. This new innovative program allows Court participants to
appear in an online, rather than a physical, courtroom. All counsel shall appear via
videoconference. Lawyers (and self-represented litigants) are responsible for distributing this
notice to anyone who will be appearing on their behalf. All participants must use the web link or
the dial in information below to participate.
Counsel and self-represented parties shall appear
promptly 5 minutes prior to the scheduled time.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-016994
11/28/2022
Docket Code 028
Form V000A
Page 2
Participants: Please follow the steps below to participate in the proceeding which will be
conducted remotely.
1. Click www.Tinyurl.com/jbazmc-cvj13 or enter it in the browser of your device
2. Enter your full name and role in name field.
3. Wait for the facilitator to admit you to the proceeding (note that you may wait to be
admitted and the Court may not be able to communicate with you while you wait).
Self-represented litigants may call in if access to internet is not available.
Phone: +1 917-781-4590
Conference ID: 776 371 089#
To ensure an optimal experience, please review the brief Court Connect training prior to
the hearing: https://superiorcourt.maricopa.gov/virtual-justice/
PLEASE NOTE: All correspondence to this Division should be sent to
[email protected].
PLEASE NOTE: If/when a party files a pleading within 1 week of a scheduled event,
the party should also e-mail same to the Court’s Judicial Assistant and Courtroom Assistant at
[email protected].
12/15/2022 — CV2021016994 BILTMORE ASSOCIATION INC, FLYNN LANE 12/15/2022 HONORABLE JOAN M. SINCLAIR View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
12/16/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-016994
12/15/2022
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JOAN M. SINCLAIR
S. Motzer
Deputy
LEONA LYNN NELSON
OSBALDO M BARRAGAN
v.
FLYNN LANE BILTMORE ASSOCIATION
INC, et al.
CAROL M ROMANO
DEREK J WARNER
JUDGE SINCLAIR
MINUTE ENTRY
East Court Building – Courtroom 911
9:46 a.m. This is the time set for a virtual Status Conference on a Discovery Dispute.
Plaintiff is present and represented by counsel, Osbaldo M. Barragan. Defendants are represented
by counsel, Derek J. Warner. All parties appear via Court Connect,
A record of the proceedings is made digitally in lieu of a court reporter.
The parties inform the court that they were able to resolve their issues.
9:48 a.m. Matter concludes.
