08/18/2023 — CV2023008822 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 08/18/2023 HONORABLE FRANK W. MOSKOWITZ View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/22/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-008822
08/18/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE FRANK W. MOSKOWITZ
A. Meza
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
NIKITA VERMA PATEL
v.
JOHN WITTMAN, et al.
JOHN WITTMAN
NO ADDRESS ON RECORD
MADISON TRUST COMPANY
CUSTODIAN F B O LAWRENCE W
JOCHIM TRADIONAL I R A
NO ADDRESS ON RECORD
TEREAL MCGINLEY DAMMEL
NO ADDRESS ON RECORD
DONALD R DAMMEL
NO ADDRESS ON RECORD
UNITED STATES DEPARTMENT OF
THE TREASURY/INTERNAL
REVENUE SERVICE
NO ADDRESS ON RECORD
25077 L L C
NO ADDRESS ON RECORD
BRETT SULLIVAN
NO ADDRESS ON RECORD
JUDGE MOSKOWITZ
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-008822
08/18/2023
Docket Code 023
Form V000A
Page 2
MINUTE ENTRY
The Court has received and considered Plaintiff’s Motion to Amend, filed August 16,
2023.
The Court does not read Rule 15(a)(1)(B), Ariz. R. Civ. Pro. to require leave of Court to
file an amended Complaint where, as here, there has been no responsive pleading or Rule 12(b),
(e), or (f) Motion served. Thus, the Court will take no action on the Motion to Amend.
09/05/2023 — CV2023008822 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 09/05/2023 HONORABLE FRANK W. MOSKOWITZ View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/07/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-008822
09/05/2023
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE FRANK W. MOSKOWITZ
T. Aird
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
NIKITA VERMA PATEL
v.
JOHN WITTMAN, et al.
JOHN WITTMAN
NO ADDRESS ON RECORD
MADISON TRUST COMPANY
CUSTODIAN F B O LAWRENCE W
JOCHIM TRADIONAL I R A
NO ADDRESS ON RECORD
TEREAL MCGINLEY DAMMEL
NO ADDRESS ON RECORD
DONALD R DAMMEL
NO ADDRESS ON RECORD
UNITED STATES DEPARTMENT OF
THE TREASURY/INTERNAL
REVENUE SERVICE
NO ADDRESS ON RECORD
25077 L L C
NO ADDRESS ON RECORD
BRETT SULLIVAN
NO ADDRESS ON RECORD
MARY JANE WITTMAN
NO ADDRESS ON RECORD
CHARLENE A CRUZ
JUDGE MOSKOWITZ
MINUTE ENTRY
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-008822
09/05/2023
Docket Code 019
Form V000A
Page 2
The Court has received and reviewed the Motion for Extension of Time to Serve
filed August 31, 2023, by counsel for Plaintiff.
IT IS ORDERED denying the Motion without prejudice. Other than simply showing
three unsuccessful attempts of direct service at a gated address in Texas, and USPS Tracking for
an attempted delivery of an unknown “item” in Southlake, TX 76092, Plaintiff has not sufficiently
addressed the relevant factors in Sholem v. Gass regarding the factual basis needed to extend the
time for service of process. The Motion also does not explain to the Court what “normal attempts
have been made to locate the defendant(s) for service.”