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Maricopa County Superior Court Case CV2022-094990: public docket details, parties, minute entries, documents, and official source links for Desert Shores Homeowners Association Inc.

Case Number

CV2022-094990

County

Maricopa

Caption

Not captured

Filed

11/15/2022

Case Type

Civil

Judge

McDowell, David

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Clerk of the Superior Court

*** Electronically Filed ***

02/08/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

02/07/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
DESERT SHORES HOMEOWNERS
ASSOCIATION INC
360 COMMUNITY MANAGEMENT
4130 E VAN BUREN ST STE 360
PHOENIX AZ 85008

COMM. KAISER
JUDGE COFFEY

ORDER ENTERED BY THE COURT
MINUTE ENTRY

This Court has received Plaintiff’s e-filed Application for Entry of Default against
Defendant(s) Desert Shores Homeowners Association, Inc. 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 Brian
Kaiser.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

02/07/2023

Docket Code 023
Form V000A
Page 2

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 eFiling 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,
Application for Attorneys’ Fees, when appropriate, and Statement of Costs, but shall submit in
paper the default judgment packet required by the Court, including the documents identified on
the default judgment packet coversheet, 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.

Clerk of the Superior Court

*** Electronically Filed ***

02/13/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

02/10/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
DESERT SHORES HOMEOWNERS
ASSOCIATION INC
360 COMMUNITY MANAGEMENT
4130 E VAN BUREN ST STE 360
PHOENIX AZ 85008

JUDGE COFFEY

MINUTE ENTRY

The Court has received the Request for Trial Setting Conference.

This Division no longer sets trial setting conferences as part of an initial scheduling
order. Once the parties can certify to the Court in writing that: 1) all discovery is complete; and
2) they have already participated in a settlement conference or a mediation, they may request that
the Court schedule a trial setting conference. The Court will then endeavor to set the trial setting
conference shortly after it receives a request to do so as long as the request includes such a
certification.

Clerk of the Superior Court

*** Electronically Filed ***

02/23/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

02/22/2024

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RODRICK COFFEY
L. Mooney

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
QUINTEN T CUPPS

JUDGE COFFEY

ORDER SIGNED
MINUTE ENTRY

The Court has received and reviewed the Parties’ Joint Stipulation for Third Amended
Scheduling Order, electronically filed February 13, 2024. With good cause appearing,

IT IS ORDERED approving the Parties’ Joint Stipulation for Third Amended Scheduling
Order, electronically filed February 13, 2024.

All in accordance with the formal written Order signed by the Court on February 21, 2024
and entered (filed) by the clerk on February 22, 2024.

This Division no longer sets trial setting conferences as part of an initial scheduling
order. Once the parties can certify to the Court in writing that: 1) all discovery is complete; and
2) they have already participated in a settlement conference or a mediation, they may request that
the Court schedule a trial setting conference. The Court will then endeavor to set the trial setting
conference shortly after it receives a request to do so as long as the request includes such a
certification.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

02/22/2024

Docket Code 022
Form V000A
Page 2

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped envelopes
were not available for mailing to the parties. Copies of this order may be obtained through
AZTurboCourt.gov and from the Customer Service Center located at 601 W. Jackson St., Phoenix,
AZ 85003 once the order has been scanned and docketed by the Clerk of Court.

Clerk of the Superior Court

*** Electronically Filed ***

03/24/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

03/22/2023

Docket Code 002
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. DeSanna

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
NICHOLAS C NOGAMI

COMM. KAISER

MINUTE ENTRY

Courtroom 303 - Southeast Facility

9:42 a.m. This is the time set for virtual Default Hearing. Plaintiff, Lake Biltmore
Village Owners Association, is represented by counsel, Daniel Francom, who is present.
Defendant, Desert Shores Homeowners Association, Inc, is represented by counsel, Nicolas
Nogami, who is present.

All parties appear via the Court Connect platform.

A record of the proceedings is made digitally in lieu of a court reporter.

Court and counsel discuss the status of the case.

The Court notes that Defendant filed an Answer on February 9, 2023, which was within
the allotted time limit.

IT IS ORDERED vacating today’s hearing.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

03/22/2023

Docket Code 002
Form V000A
Page 2

IT IS FURTHER ORDERED denying Plaintiff’s Application for Entry of Default and
Affidavit on Default as to Desert Shores Homeowner’s Association, Inc. and Affidavit as to
Military Status as to Desert Shores Homeowners Association, Inc, filed on January 26, 2023.

9:44 a.m. Matter concludes.

PLEASE NOTE: For digital copies or transcripts of any recorded proceedings a Request
for Daily Copy may be made here: https://superiorcourt.maricopa.gov/e-courtrooms/

All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter//

Clerk of the Superior Court

*** Electronically Filed ***

04/04/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

04/03/2023

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
NICHOLAS C NOGAMI

JUDGE COFFEY

ORDER SIGNED
MINUTE ENTRY

IT IS ORDERED approving the Scheduling Order, all in accordance with the formal
written Order signed by the Court on March 27, 2023 and entered (filed) by the clerk on April 3,
2023.

This Division no longer sets trial setting conferences as part of an initial scheduling
order. Once the parties can certify to the Court in writing that: 1) all discovery is complete; and
2) they have already participated in a settlement conference or a mediation, they may request that
the Court schedule a trial setting conference. The Court will then endeavor to set the trial setting
conference shortly after it receives a request to do so as long as the request includes such a
certification.

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped envelopes
were not available for mailing to the parties. Copies of this order may be obtained through

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

04/03/2023

Docket Code 022
Form V000A
Page 2

AZTurboCourt.gov and from the Customer Service Center located at 601 W. Jackson St., Phoenix,
AZ 85003 once the order has been scanned and docketed by the Clerk of Court.

Clerk of the Superior Court

*** Electronically Filed ***

06/02/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

06/01/2023

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
NICHOLAS C NOGAMI

JUDGE COFFEY

MINUTE ENTRY

The Court has considered Plaintiff’s Motion for Protective Order Regarding Deposition;
Defendant’s Response to that Motion; and Plaintiff’s Reply in support of its Motion.

The Court agrees with Defendant – Rule 26(d) of the Arizona Rules of Civil Procedure sets
forth the process for addressing discovery disputes in an expedited manner and it should have been
followed. Had Plaintiff followed that procedure, this matter would have been addressed in a
hearing more expeditiously and efficiently. Additionally, both parties would have saved some
attorneys’ fees because they each would have only written 1.5 pages of text rather than the number
they wrote in which they provided the Court with significantly more information than what was
needed for the Court to resolve their dispute. This is a straightforward issue – Defendant wants to
take the deposition of a non-party who is receiving treatment for cancer. It was not necessary to
provide the Court with 19 pages of briefing to explain that simple issue.

IT IS ORDERED that Defendant may not take the deposition of Beth Curlee until she or
her physician declares that she is healthy enough to have her deposition taken. That having been
said, the Court believes that if Curlee is healthy enough to participate in board meetings, she is

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

06/01/2023

Docket Code 019
Form V000A
Page 2

probably healthy enough to have her deposition taken. If she participates in future board meetings,
Defendant may follow the protocols of Rule 26(d) and request a status conference with the
Court. Additionally, Plaintiff shall keep Defendant generally apprised of Curlee’s
condition. Under these unique circumstances, the Court will likely allow Defendant to take the
deposition of Curlee after the deadline for completing all fact discovery.

IT IS FURTHER ORDERED denying Defendant’s request to extend the deadline for
completing a settlement conference and denying its request for attorneys’ fees.

Clerk of the Superior Court

*** Electronically Filed ***

06/07/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

06/06/2023

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
NICHOLAS C NOGAMI

JUDGE COFFEY

MINUTE ENTRY

The Court has reviewed the parties’ Stipulated Request for Hearing Regarding Discovery
Dispute. Because the Court already ruled on the discovery dispute, no hearing is
necessary. Accordingly,

IT IS ORDERED denying the parties’ Stipulated Request for Hearing Regarding
Discovery Dispute.

Clerk of the Superior Court

*** Electronically Filed ***

07/03/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

06/30/2023

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
NICHOLAS C NOGAMI

JUDGE COFFEY

ORDER SIGNED
MINUTE ENTRY

IT IS ORDERED approving the Scheduling Order, all in accordance with the formal
written Order signed by the Court on June 26, 2023 and entered (filed) by the clerk on June 30,
2023.

This Division no longer sets trial setting conferences as part of an initial scheduling
order. Once the parties can certify to the Court in writing that: 1) all discovery is complete; and
2) they have already participated in a settlement conference or a mediation, they may request that
the Court schedule a trial setting conference. The Court will then endeavor to set the trial setting
conference shortly after it receives a request to do so as long as the request includes such a
certification.

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped envelopes
were not available for mailing to the parties. Copies of this order may be obtained through

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

06/30/2023

Docket Code 022
Form V000A
Page 2

AZTurboCourt.gov and from the Customer Service Center located at 601 W. Jackson St., Phoenix,
AZ 85003 once the order has been scanned and docketed by the Clerk of Court.

Clerk of the Superior Court

*** Electronically Filed ***

08/22/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

08/21/2023

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
DESERT SHORES HOMEOWNERS
ASSOCIATION INC
360 COMMUNITY MANAGEMENT
4130 E VAN BUREN ST STE 360
PHOENIX AZ 85008

MARIA GRACE MCKEE
DOCKET CV TX
JUDGE COFFEY

ORDER SIGNED
MINUTE ENTRY

IT IS ORDERED approving the Order, all in accordance with the formal written Order
signed by the Court on August 14, 2023 and entered (filed) by the clerk on August 21, 2023.

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped envelopes
were not available for mailing to the parties. Copies of this order may be obtained through
AZTurboCourt.gov and from the Customer Service Center located at 601 W. Jackson St., Phoenix,
AZ 85003 once the order has been scanned and docketed by the Clerk of Court.

Clerk of the Superior Court

*** Electronically Filed ***

09/05/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

09/01/2023

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
DESERT SHORES HOMEOWNERS
ASSOCIATION INC
360 COMMUNITY MANAGEMENT
4130 E VAN BUREN ST STE 360
PHOENIX AZ 85008

JUDGE COFFEY

ORDER SIGNED
MINUTE ENTRY

IT IS ORDERED approving the Scheduling Order, all in accordance with the formal
written Order signed by the Court on August 25, 2023 and entered (filed) by the clerk on September
1, 2023.

This Division no longer sets trial setting conferences as part of an initial scheduling
order. Once the parties can certify to the Court in writing that: 1) all discovery is complete; and
2) they have already participated in a settlement conference or a mediation, they may request that
the Court schedule a trial setting conference. The Court will then endeavor to set the trial setting
conference shortly after it receives a request to do so as long as the request includes such a
certification.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

09/01/2023

Docket Code 022
Form V000A
Page 2

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped envelopes
were not available for mailing to the parties. Copies of this order may be obtained through
AZTurboCourt.gov and from the Customer Service Center located at 601 W. Jackson St., Phoenix,
AZ 85003 once the order has been scanned and docketed by the Clerk of Court.

Clerk of the Superior Court

*** Electronically Filed ***

01/04/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

12/16/2022

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero

Deputy

LAKE BILTMORE VILLAGE OWNERS
ASSOCIATION
DANIEL S FRANCOM

v.

DESERT SHORES HOMEOWNERS
ASSOCIATION INC
GREGORY A STEIN

JUDGE COFFEY

MINUTE ENTRY

Courtroom 205 - SEA

3:32 p.m. This is the time set for Telephonic Order to Show Cause Return Hearing on
Plaintiff’s Application for Preliminary and Permanent Injunction filed November 15, 2022.
Counsel, Daniel Francom, is present on behalf of Plaintiff, who is not present. Counsel, Gregory
Stein, is present on behalf of Defendant, who is not present.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held.

IT IS ORDERED setting an in person Evidentiary Hearing on February 9, 2023 at
9:00 a.m. (3 hours allotted) before:

THE HONORABLE RODRICK COFFEY
Maricopa County Superior Court

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

12/16/2022

Docket Code 056
Form V000A
Page 2

Southeast Judicial District
222 E. Javelina Avenue
Courtroom 205
Mesa, Arizona 85210

The parties/attorneys are advised that the failure to appear for the hearing may result
in sanctions, including dismissal of the action per Rule 16(F) of the Arizona Rules of Civil
Procedure.

IT IS FURTHER ORDERED counsel shall file no later than February 2, 2023 a Joint
Prehearing Statement signed by all counsel/parties. The Joint Prehearing Statement shall include a
final hearing witness list. This list shall contain the name of each witness a party actually intends to
call at the hearing, the day on which he/she intends to call each witness, and the estimated time
needed for direct, cross, and re-direct examination.

All exhibits you would like to have a Judicial Officer consider during your hearing need to
be submitted to the Clerk no later than February 2, 2023. For electronic and in-person exhibit
submission, please visit, https://www.clerkofcourt.maricopa.gov/services/exhibits-submission.
The webpage will provide instructions and guidance for electronic submission as well as locations
for in-person submission of exhibits. Each party shall prepare four (4) duplicate sets of the exhibits
as follows:

Set 1: This set of exhibits shall be provided to the Division on or before the date above.
This is the set that will be marked by the Division’s Clerk for use at trial.

Set 2: This set shall be provided to the opposing party.

Set 3: This set is for the Judge’s use during the hearing and due to the Division by
February 9, 2023. This set has special requirements; they are to be in a 3-ring
binder with numbered tabs corresponding to the exhibit numbers provided on the
exhibit list. The 3-ring binder for the Judge WILL NOT be provided before
the hearing. It must be provided to Court staff when the hearing begins.
BENCH COPY BINDERS ARE REQUIRED. Please label such bench copy
binders on the spine with the case name, case number, and date of hearing/trial.

Set 4: This set is for your use and should be brought with you to trial.


You must exchange a copy of all exhibits and a list of witnesses to the opposing party no
later than January 20, 2023.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

12/16/2022

Docket Code 056
Form V000A
Page 3


An Exhibits Coversheet must be completed and submitted as the top coversheet of your
exhibits. The Exhibit Coversheet must include your case number, the case caption, the
date of your hearing, the Judicial Officer assigned to your case, and the name of the party
submitting the exhibits.


Each exhibit must be 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.

IT IS FURTHER ORDERED that any exhibit that is not timely exchanged or timely
delivered to the Court will be excluded at trial unless good cause is shown for missing those
deadlines.

EXHIBITS ARE NOT TO BE FILED WITH THE CLERK OF THE COURT. EXHIBITS
ARE ONLY TO BE DELIVERED TO THE ASSIGNED DIVISION AND THE PARTIES.

NOTE: We do not hold spots for supplemental exhibits.

NOTICE: Exhibits Marked But Not Offered

Exhibits submitted to the court for an evidentiary hearing/trial, 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/trial, 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.

IT IS FURTHER ORDERED that the parties shall indicate in the Joint Pretrial Statement
which exhibits they have agreed will be admissible at trial as well as any specific objections that
will be made to any exhibit if offered at trial which is not agreed to be admitted. Reserving all
objections to the time of trial will not be permitted.

Continuances, postponements and schedule changes will not ordinarily be granted. Any
postponement or change will be granted only in accordance with appropriate rules, based on a
showing of good cause, and requires the express written approval of the Court.

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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2022-094990

12/16/2022

Docket Code 056
Form V000A
Page 4

3:40 p.m. Matter concludes.

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