02/07/2025 — CV2024013757 PALMER, DENISE L 02/07/2025 HONORABLE MELISSA IYER JULIAN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
02/10/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-013757
02/07/2025
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MELISSA IYER JULIAN
A. Cage
Deputy
BLACKSTONE AT VISTANCIA COMMUNITY
ASSOCIATION
KATHRYN A BATTOCK
v.
DENISE L PALMER, et al.
JUDGE JULIAN
Order Granting Unopposed Motion for Summary Judgment
The Court has considered Plaintiff’s Motion for Summary Judgment filed on December
30, 2024, and Plaintiff’s Motion for Summary Disposition, filed February 4, 2025. Defendant
Palmer 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 2024-013757
02/07/2025
Docket Code 023
Form V000A
Page 2
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment filed on December
30, 2024.
IT IS FURTHER 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 Defendant wishes to oppose, a response must be filed
not later than 20 calendar days after service. Plaintiff 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(b) language.
11/22/2024 — CV2024013757 PALMER, DENISE L 11/22/2024 HONORABLE MELISSA IYER JULIAN View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
11/25/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-013757
11/22/2024
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MELISSA IYER JULIAN
C. Curley
Deputy
BLACKSTONE AT VISTANCIA COMMUNITY
ASSOCIATION
KATHRYN A BATTOCK
v.
DENISE L PALMER, et al.
DENISE L PALMER
11717 W REDHAWK DR
PEORIA AZ 85383
POWERS FUNDING GROUP OF NEW
YORK L L C
104 TROUP ST
ROCHESTER NY 14608
COMM. PALMER
JUDGE JULIAN
DEFAULT REFERRAL
This Court has received Plaintiff’s e-filed Application/Motion for Default against
Defendant, Powers Funding Group of New York, LLC, 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
Palmer.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2024-013757
11/22/2024
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/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 and Affidavit for Default, Affidavit for Default (if the Servicemembers Civil Reform
Act applies and the filing party does not otherwise use the form Application and Affidavit for
Default), Motion for Entry of Default Judgment, Sum Certain Affidavit, and Application for
Attorney’s Fees when appropriate, and Statement of Costs.
Attorneys and Self-Represented Litigants must submit a default judgment packet required
by the Court, including the documents identified on the default judgment packet coversheet in
paper 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.
You may wish to review the following resources for additional information regarding the
default process:
Applications for Default
https://superiorcourt.maricopa.gov/llrc/cv_cvc6/
Motions
https://superiorcourt.maricopa.gov/media/n30m54ah/gn10fz.pdf
Civil Default Checklist
https://superiorcourt.maricopa.gov/media/jitjlp0s/cvc50fz.pdf
Civil Court Administration Processing Information
https://superiorcourt.maricopa.gov/media/wlojzc53/civil-department-post-filing-
information-and-instructions.pdf
