09/12/2023 — CV2023053163 ASSOCIATION, GRAYHAWK COMMUNITY 09/12/2023 HONORABLE DANIELLE J. VIOLA View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/29/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-053163
09/12/2023
Docket Code 066
Form J000
Page 1
CLERK OF THE COURT
HONORABLE DANIELLE J. VIOLA
J. Paul
Deputy
GRAYHAWK COMMUNITY ASSOCIATION
KATHRYN A BATTOCK
v.
ADAM DALEN
ADAM DALEN
NO ADDRESS ON RECORD
JUDGE GORDON
JUDGE THOMPSON
JUDGE VIOLA
CASE REASSIGNMENT – EFFECTIVE SEPTEMBER 29, 2023
This case, CV2023-053163, was previously assigned to Judge Michael Gordon. The
Civil Department has identified a need to rebalance judicial caseloads to maximize judicial
resources and enhance efficiency in case management. Consistent with AO 2023-136 and with
approval of the Arizona Supreme Court,
IT IS ORDERED reassigning this case to Civil Calendar CVJ-21, the Honorable Peter
A. Thompson, for all further proceedings effective September 29, 2023.
IT IS FURTHER ORDERED that the parties shall jointly file within 10 days of the date
of this minute entry, a notice with the new division listing any outstanding motions (including
the file dates), whether they are ripe for resolution, and whether any hearings need to be set.
IT IS FURTHER ORDERED affirming any and all hearings currently set in this matter
which will be heard by the Honorable Peter A. Thompson unless otherwise modified or
rescheduled by Judge Peter A. Thompson.
All hearings set via court connect can be accessed as follows:
Please join from your computer, tablet or smartphone.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-053163
09/12/2023
Docket Code 066
Form J000
Page 2
www.tinyurl.com/jbazmc-cvj21
You can also dial in using your phone (audio only)
+1(917) 781-4590
Phone Conference ID: 105 414 319#
All hearings set in person will be held at the following location:
The Honorable Peter A. Thompson
Maricopa County Superior Court
Southeast Regional Center
222 E. Javelina
2nd Floor, Courtroom 206
Mesa, AZ 85210
Phone: 602-372-3579
Effective September 29, 2023, please direct all future filings and any courtesy copies to
Judge Peter A. Thompson's division.
10/04/2023 — CV2023053163 ASSOCIATION, GRAYHAWK COMMUNITY 10/04/2023 HONORABLE PETER A. THOMPSON View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/05/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-053163
10/04/2023
Docket Code 375
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PETER A. THOMPSON
V. Felix
Deputy
GRAYHAWK COMMUNITY ASSOCIATION
KATHRYN A BATTOCK
v.
ADAM DALEN
ADAM DALEN
NO ADDRESS ON RECORD
JUDGE THOMPSON
CASE PLACED ON DISMISSAL CALENDAR
Upon review of the case file, the Court notes that no action has been taken since August
2023. Therefore,
IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal of all
remaining claims and parties on or after December 4, 2023, 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.
12/04/2023 — CV2023053163 ASSOCIATION, GRAYHAWK COMMUNITY 12/04/2023 HONORABLE PETER A. THOMPSON View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Filed ***
12/06/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-053163
12/04/2023
Docket Code 047
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PETER A. THOMPSON
V. Felix
Deputy
GRAYHAWK COMMUNITY ASSOCIATION
KATHRYN A BATTOCK
v.
ADAM DALEN
ADAM DALEN
NO ADDRESS ON RECORD
JUDGE THOMPSON
JUDGMENT OF DISMISSAL
This case was placed on the Dismissal Calendar, for dismissal on December 4, 2023, unless
prior to that date a specified action was taken. The date has passed and the action has not been
taken. Accordingly,
IT IS ORDERED dismissing this case without prejudice for lack of prosecution.
DATED this 4th day of December 2023.
/ s / HONORABLE PETER A. THOMPSON
HONORABLE PETER A. THOMPSON
JUDICIAL OFFICER OF THE SUPERIOR COURT
12/13/2023 — CV2023053163 ASSOCIATION, GRAYHAWK COMMUNITY 12/13/2023 HONORABLE PETER A. THOMPSON View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
12/14/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-053163
12/13/2023
Docket Code 376
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE PETER A. THOMPSON
V. Felix
Deputy
GRAYHAWK COMMUNITY ASSOCIATION
KATHRYN A BATTOCK
v.
ADAM DALEN
ADAM DALEN
NO ADDRESS ON RECORD
JUDGE THOMPSON
MINUTE ENTRY
This case was placed on the Dismissal Calendar on October 4, 2023 for dismissal on
December 4, 2023 “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”. None of those events took
place and the case was dismissed appropriately on December 4, 2023.
Plaintiff is correct that Rule 38.1(d)(1), Arizona Rules of Civil Procedure provides that the
Clerk of Court must place a civil action on the Dismissal Calendar if 210 days have passed since
the action was commenced and the parties have not filed a Joint Report and a Proposed Scheduling
Order under Rule 16(c), ARCP. Dismissal follows in 60 days if the case remains on the Dismissal
Calendar. However, this sets the outside limits for Court intervention when a case is not prosecuted
under the rules and does not account for the Court’s management of its own calendar by issuance
of minute entry orders as was the case here. Rule 38 does not prohibit the Court from issuing orders
to administer the docket and enforce Rule 16 deadlines by placing cases on the Dismissal Calendar
for failure to prosecute in conformity with the rules. If Rule 38 was read to prohibit courts from
issuing orders to manage docket deadlines before the 210th day mark, case management would be
crippled and the deadlines of Rule 16 would be meaningless.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-053163
12/13/2023
Docket Code 376
Form V000A
Page 2
Rule 16, Arizona Rules of Civil Procedure sets forth the process for timely management of
cases, including the time for scheduling and completing the Early Meeting of Parties or Counsel,
the submission of a Joint Report to the Court and Proposed Scheduling Order. This Court, as most
every other Civil Division requires those processes be completed as required under Rule 16,
Arizona Rules of Civil Procedure by issuance of a Minute Entry Order setting the case for dismissal
unless those timely case processing deadlines are met. That Order was not followed here and the
case was properly dismissed.
Had the Motion been timely submitted the Court would have granted the request. Strict
adherence to the rules would mandate a different result but would not promote the interests of
either party as the action would be refiled and result in further delay.
IT IS ORDERED vacating the dismissal of this case entered December 4, 2023;
IT IS FURTHER ORDERED granting Plaintiff’s demand for continuance on the
Dismissal Calendar through March 13, 2024.
