03/04/2024 — CV2023054360 ASSOCIATION, CORTINA HOMEOWNERS 03/04/2024 HONORABLE MELISSA IYER JULIAN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
03/05/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-054360
03/04/2024
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MELISSA IYER JULIAN
A. Delgado
Deputy
CORTINA HOMEOWNERS ASSOCIATION
KATHRYN A BATTOCK
v.
CLINT PARKERSON, et al.
LAURENCE G TINSLEY
COMM. PALMER
JUDGE JULIAN
DEFAULT REFERRAL
This Court has received Plaintiff’s Application and Declaration for Default Notice of
Default filed on February 29, 2024, against Defendants, Clint Parkerson, and Allison Sergent, in
the above-captioned case.
IT IS ORDERED 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 Palmer.
IT IS FURTHER ORDERED all documents necessary to support the entry of a default
judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-054360
03/04/2024
Docket Code 023
Form V000A
Page 2
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 the default judgment coversheet on the Court’s website
at: https://superiorcourt.maricopa.gov/llrc/civil-court-forms/
The Parties/counsel can find additional information regarding the default judgment process
at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/
The Parties/counsel can find additional information in the form of frequently asked
questions at: https://superiorcourt.maricopa.gov/civil/civil-faq/
04/16/2024 — CV2023054360 ASSOCIATION, CORTINA HOMEOWNERS 04/16/2024 HONORABLE BRIAN J. PALMER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
04/17/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-054360
04/16/2024
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN J. PALMER
P. Kavanagh
Deputy
CORTINA HOMEOWNERS ASSOCIATION
KATHRYN A BATTOCK
v.
CLINT PARKERSON, et al.
ALLISON SERGENT
19010 E CATTLE DR
QUEEN CREEK AZ 85142
LAURENCE G TINSLEY
COMM. PALMER
MINUTE ENTRY
The Court is in receipt of Defendant Allison Sergent’s Motion to Strike Plaintiff’s
Motion for Entry of Default Judgment and Vacate Default Hearing filed on April 1, 2024
(“Motion”) and Plaintiff’s Response Re Defendant Allison Sergent’s Motion to Strike Plaintiff’s
Entry of Default Judgment and Vacate Default Hearing filed on April 11, 2024.
Based upon the foregoing,
IT IS ORDERED granting the Motion in part, and vacating the default hearing currently
set for April 23, 2024 at 2:00 p.m. (time allotted: (15 minutes)) in this Division but only as to
Defendant Allison Sergent. The hearing shall remain on the Court’s calendar as to Defendant
Clint Parkerson.
Honorable Brian Palmer
Northeast Regional Court, Courtroom 105
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-054360
04/16/2024
Docket Code 056
Form V000A
Page 2
18380 N. 40th Street, Phoenix AZ 85032
Judicial Assistant: Sarah Percival
[email protected]
Phone: 602-372-3131
Please join the hearing using via following link:
https://tinyurl.com/jbazmc-nec02
Electronic notifications with the Microsoft Teams link will be sent out via email. To the
extent the Court does not have your preferred email address, please contact this Division at
602372-3131 or [email protected] with correct email information.
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.
04/23/2024 — CV2023054360 ASSOCIATION, CORTINA HOMEOWNERS 04/23/2024 HONORABLE BRIAN J. PALMER View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
04/25/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-054360
04/23/2024
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN J. PALMER
P. Kavanagh
Deputy
CORTINA HOMEOWNERS ASSOCIATION
KATHRYN A BATTOCK
v.
CLINT PARKERSON, et al.
ALLISON SERGENT
19010 E CATTLE DR
QUEEN CREEK AZ 85142
LAURENCE G TINSLEY
COMM. PALMER
HEARING VACATED
Courtroom 105 - NER
1:51 p.m. This is the time set for a virtual Default Hearing. Plaintiff, Cortina Homeowners
Association, is represented by counsel, Kathryn A. Battock. No other parties appear.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the status of the case.
IT IS ORDERED vacating today’s Default Hearing.
1:52 p.m. Matter concludes.
08/06/2024 — CV2023054360 ASSOCIATION, CORTINA HOMEOWNERS 08/06/2024 HONORABLE MELISSA IYER JULIAN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
08/07/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-054360
08/06/2024
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MELISSA IYER JULIAN
A. Delgado
Deputy
CORTINA HOMEOWNERS ASSOCIATION
KATHRYN A BATTOCK
v.
CLINT PARKERSON, et al.
ALLISON SERGENT
19010 E CATTLE DR
QUEEN CREEK AZ 85142
LAURENCE G TINSLEY
JUDGE JULIAN
Order Granting Unopposed Motion for Summary Judgment
The Court has considered Plaintiff’s Motion for Summary Judgment filed on June 21, 2024,
and Plaintiff’s Motion for Summary Disposition, filed August 2, 2024. Defendants Clint
Parkerson and Allison Sergent did not file a Response nor a request for additional time to submit
a response.
The failure to respond to a motion may be treated as consent to its being granted. Ariz. R.
Civ. P. 7.1(b). Moreover, an unopposed motion for summary judgment will be granted unless the
moving party fails to present facts showing the absence of any materially disputed issue of
fact. E.g., Biondo v. General Motors Corp., 5 Ariz. App. 286, 291, 425 P.2d 856, 861 (1967)
(affirming summary judgment); see also Siner v. Stewart, 9 Ariz. App. 101, 103, 449 P.2d 635,
637 (1969) (same). When, as here, the party against whom the motion is directed fails to respond,
the facts asserted by the moving party are assumed to be true. E.g., Sato v. Van Denburgh, 123
Ariz. 225, 599 P.2d 181 (1979) (affirming summary judgment); Schuldes v. National Surety Corp.,
27 Ariz. App. 611, 617, 557 P.2d 543, 549 (App. 1976) (same). The motion and its accompanying
statement of facts establish that there are no material facts in dispute that preclude granting the
motion.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-054360
08/06/2024
Docket Code 023
Form V000A
Page 2
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment filed on June 21,
2024.
This is an action arising out of a contract.
IT IS ORDERED that not later than 20 calendar days after the entry of this order, Plaintiff
may submit an application for an award of attorney’s fees and statement of costs. If an application
or statement is submitted that Defendants wish to oppose, a response must be filed not later than
20 calendar days after service. Plaintiff is not permitted to file a reply unless requested to do so
by the court.
IT IS FURTHER ORDERED that not later than 20 calendar days after the entry of this
order, Plaintiff must also submit a proposed form of judgment, leaving blank spaces for attorney’s
fees and taxable costs. That form of judgment may incorporate by reference what is said here but
otherwise should be confined to the amounts being awarded along with Rule 54(c) language.
