05/13/2022 — CV2022005607 HANSON, TIMOTHY J 05/13/2022 HON. PAMELA GATES View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/16/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-005607
05/13/2022
Docket Code 083
Form V000A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
S. Ortega
Deputy
RUSSELL RANCH HOMEOWNERS
ASSOCIATION INC
GREGORY A STEIN
v.
TIMOTHY J HANSON, et al.
TIMOTHY J HANSON
18023 W SOLANO DR
LITCHFIELD PARK AZ 85340
LISA M HANSON
18023 W SOLANO DR
LITCHFIELD PARK AZ 85340
JUDGE GATES
MINUTE ENTRY
Due to a conflict on the Court’s calendar,
IT IS ORDERED resetting the virtual Order to Show Cause - Return Hearing on May 19,
2022 from 10:30 a.m. to 11:30 a.m. (15 minutes) in this division.
Please join the courtroom from your computer, tablet or smartphone.
www.tinyurl.com/jbazmc-cvj17
You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 701 728 12#
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-005607
05/13/2022
Docket Code 083
Form V000A
Page 2
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/
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.
05/16/2022 — CV2022005607 HANSON, TIMOTHY J 05/16/2022 HON. PAMELA GATES View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/17/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-005607
05/16/2022
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
S. Ortega
Deputy
RUSSELL RANCH HOMEOWNERS
ASSOCIATION INC
GREGORY A STEIN
v.
TIMOTHY J HANSON, et al.
TIMOTHY J HANSON
18023 W SOLANO DR
LITCHFIELD PARK AZ 85340
LISA M HANSON
18023 W SOLANO DR
LITCHFIELD PARK AZ 85340
JUDGE GATES
MINUTE ENTRY
On the court’s own motion,
IT IS ORDERED vacating the virtual Order to Show Cause - Return Hearing on May 19,
2022 at 11:30 a.m. and resetting same to June 9, 2022 at 10:30 a.m. (15 minutes) in this division.
Please join the courtroom from your computer, tablet or smartphone.
www.tinyurl.com/jbazmc-cvj17
You can also dial in using your phone (audio only)
+1 (917) 781-4590
Phone Conference ID: 701 728 12#
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-005607
05/16/2022
Docket Code 003
Form V000A
Page 2
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/
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.
06/09/2022 — CV2022005607 HANSON, TIMOTHY J 06/09/2022 HON. PAMELA GATES View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/23/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-005607
06/09/2022
Docket Code 089
Form V000A
Page 1
CLERK OF THE COURT
HON. PAMELA GATES
N. Johnson
Deputy
RUSSELL RANCH HOMEOWNERS
ASSOCIATION INC
GREGORY A STEIN
v.
TIMOTHY J HANSON, et al.
ROBERT J MCGEE
JUDGE GATES
JUDGE VIOLA
MINUTE ENTRY
East Court Building – Courtroom 912
10:30 a.m. This is the time set for a virtual return hearing regarding plaintiff’s Request for
Preliminary and Permanent Injunctions, filed May 4, 2022, pursuant to the Court’s Order to Show
Cause, filed May 17, 2022. Plaintiff, Russell Ranch Homeowners’ Association, Inc., is represented
by counsel, Greg A. Stein. Defendants, Timothy J. Hanson and Lisa M. Hanson, are present and
are represented by counsel, Robert J. McGee.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the status of the case with respect to plaintiff’s Request for
Preliminary and Permanent Injunctions, filed May 4, 2022 and settlement efforts. Counsel for
plaintiff informs the Court that he waives the request for preliminary injunction.
Discussion is held regarding the setting of a trial date and whether the case will proceed as
a bench trial or a jury trial. The Court addresses the defendants regarding the same.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-005607
06/09/2022
Docket Code 089
Form V000A
Page 2
For the reasons stated on the record,
IT IS ORDERED setting this matter for a trial to the Court beginning on September 29,
2022 at 9:00 a.m. to test technology and testimony will begin at 9:30 a.m. The remaining day
of trial, September 30, 2022, will begin at 9:30 a.m.
THE HONORABLE DANIELLE J. VIOLA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
7TH FLOOR, COURTROOM 714
PHOENIX, AZ 85003
602-506-3442 TEL
Trial hours and days are normally 9:30 a.m. to 4:30 p.m. (with a lunch recess from noon to
1:30 p.m. and two 15-minute recesses, daily), Monday through Thursday.
IT IS FURTHER ORDERED, setting this matter for a Comprehensive Pretrial
Management Conference on August 19, 2022, at 1:30 p.m. (time allotted: 30 minutes) in this
Division. All counsel must appear in person and cannot appear telephonically.
THE HONORABLE DANIELLE J. VIOLA
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 WEST JEFFERSON
7TH FLOOR, COURTROOM 714
PHOENIX, AZ 85003
602-506-3442 TEL
Brief discussion continues regarding whether the case will proceed as a bench trial or a
jury trial. The Court encourages counsel to confer regarding the same.
Based upon the foregoing trial setting,
IT IS FURTHER ORDERED as follows:
DUTIES PRIOR TO THE PRETRIAL MANAGEMENT CONFERENCE
JOINT PRETRIAL STATEMENT: Counsel shall file with the Court no later than
5:00 p.m. on August 9, 2022, a Joint Pretrial Statement conforming in all respects to Rule
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-005607
06/09/2022
Docket Code 089
Form V000A
Page 3
16(f)(2)(A)-(M), ARCP, except as specifically otherwise provided herein, and signed by all counsel
and parties representing themselves.
In addition to the information required by Rule 16(f)(2)(A)-(M), the Joint Pretrial Statement
shall include an exhibit entitled: Final Trial Witness List. This list shall contain the name of each
witness a party actually intends to call at trial, the day on which they intend to call each witness and
the estimated time needed for direct, cross and re-direct examination.
DUTIES AT PRETRIAL MANAGEMENT CONFERENCE
At the Pretrial Management Conference, counsel shall be prepared to discuss:
a) Time limits for opening statements, examination of witnesses and closing
arguments.
b) Stipulations for the foundation and authenticity of exhibits.
c) Any special scheduling or equipment issues.
d) Exhibit objections. Counsel shall bring to the Pretrial Management Conference
all exhibits to which objections are being asserted, with an extra copy for the
Court’s
use,
and
shall
be
prepared
to
resolve
same
at
the
conference. Accordingly, counsel shall have conferred in person with
opposing counsel prior to the conference in an attempt to resolve any exhibit
objections.
In addition to the information required by Rule 16(f)(2)(A)-(M), counsel shall at the Pretrial
Management Conference provide to the Court copies of any deposition transcripts to be used at trial.
Counsel shall submit proposed findings of fact and conclusions of law (if a request for
findings of fact and conclusions of law has been or will be filed).
Counsel are reminded to promptly notify the Court of any settlement pursuant to Rule 5.3(d),
Ariz.R.Civ.P.
PROCEDURES FOR SUBMITTING EXHIBITS TO BE MARKED
Exhibits must be submitted electronically. For electronic exhibit submission, please visit,
https://www.clerkofcourt.maricopa.gov/services/exhibits-submission. The webpage will provide
instructions and guidance for electronic submission. Please DO NOT submit electronic exhibits
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-005607
06/09/2022
Docket Code 089
Form V000A
Page 4
directly to the Division, but only through the Clerk of Court website. Electronic exhibits must be
submitted no later than 3:00 p.m. on September 15, 2022. If you have any questions, please contact
the clerk at [email protected] or by telephone at 602.506.1474.
a. Bench Copies: By the same date above, parties must deliver hard copies of the
original exhibits in a notebook and an exhibit list for the Judge into this division’s
inbox at the entry to the division’s courtroom.
b. Electronic Copies: Ensure that each exhibit is separated by an Exhibit Slip Sheet
to clearly identify individual exhibits. If exhibits are not clearly separated, they
will be combined as one (1) document. The subject line of your email should
include your case number, the party you represent, and the date and time of the trial,
as well as the Judge who is assigned to your case.
c. Depositions will NOT be marked as exhibits. If you plan to read from a deposition
or use the deposition for impeachment purposes, you will need to supply an
ORIGINAL to the courtroom clerk for filing. Copies will not be filed with the clerk.
NOTICE: Exhibits Marked But Not Offered
Exhibits submitted to the court for an evidentiary hearing, whether through hard copy or submitted
electronically, that are marked as exhibits but are not offered into evidence at the evidentiary
hearing will be destroyed following the hearing, unless a party requests that the evidence be
returned at the conclusion of the hearing. Such requests must be filed with the Court and served
on all parties in advance of the hearing or by no later than the conclusion of the hearing.
NOTE: The proceedings will take place in the Superior Court’s “e-courtroom.” A record
of the proceedings will be made digitally in lieu of 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. For copies of hearings or trial proceedings recorded previously, please
call Electronic Records Services at 602-506-7100. 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.
10:40 a.m. Matter concludes.
NOTE: Effective June 27, 2022, all cases assigned to Judge Pamela Gates will be reassigned
to Judge Danielle Viola due to judicial calendar rotations. Judge Viola will be located in the East
Court Building, 101 East Jefferson, Suite 714, Phoenix, Arizona 85003 (telephone: 602-506-3442).
09/26/2022 — CV2022005607 HANSON, TIMOTHY J 09/26/2022 HONORABLE DANIELLE J. VIOLA View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/27/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-005607
09/26/2022
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DANIELLE J. VIOLA
K. Cabral
Deputy
RUSSELL RANCH HOMEOWNERS
ASSOCIATION INC
GREGORY A STEIN
v.
TIMOTHY J HANSON, et al.
ROBERT J MCGEE
JUDGE VIOLA
MINUTE ENTRY
The Court has reviewed and considered Plaintiff’s Motion for Voluntary Dismissal of
Complaint Without Prejudice Pursuant to Ariz. R. Civ. P. 41(a)(2) filed August 5, 2022, the
Response and Supplemental Response, and Reply. Plaintiff asks the Court to dismiss the matter
without prejudice and without any order awarding attorneys’ fees and costs to Defendants. No
counterclaim is pending. Defendants ask the Court to dismiss but request an award of attorneys’
fees and costs.
Under Rule 41(a)(2), the Court may dismiss the action at Plaintiff’s request on terms the
Court considers proper. The Court has weighed the competing equities and concludes that a
dismissal with prejudice without an award of attorneys’ fees and costs is the fairest to all parties
concerned. Here, Plaintiff sought an injunction related to an alleged violation of a
CC&R. Plaintiff withdrew the request as part of a return hearing and no briefing on the
injunction or hearing followed. The lawsuit was filed May 3, 2022. Defendants filed an Answer
on June 8, 2022. The parties attended a ten minute status conference on June 23, 2022 during
which Plaintiff waived their request for a preliminary injunction and the Court set a bench trial
for September 29, 2022. Plaintiff filed their Motion to Dismiss on August 5, 2022 and the
parties stipulated to vacate the pending dates and deadlines on August 9, 2022. The Court
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-005607
09/26/2022
Docket Code 042
Form V000A
Page 2
concludes and award of attorneys’ fees and costs is inappropriate in light of the case history and
limited nature of the case.
IT IS ORDERED granting Plaintiff’s Motion for Voluntary Dismissal of Complaint
Without Prejudice Pursuant to Ariz. R. Civ. P. 41(a)(2). The Court declines to impose any
additional terms related to the dismissal.
