Gonzalez et al v. Artspace Affordable Housing et al, No. 2:2009cv00465 - Document 121 (D. Utah 2015)

Court Description: MEMORANDUM DECISION GRANTING 99 Motion to Dismiss; FINDING AS MOOT 99 Motion for Summary Judgment. Signed by Magistrate Judge Evelyn J. Furse on 1/29/2015. (Attachments: # 1 Exhibit 1 - 3rd District Court - West Jordan Minutes, # 2 Exhibit 2 - 3rd District Court - West Jordan Eviction)(lnp)
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Gonzalez et al v. Artspace Affordable Housing et al Doc. 121 Att. 2 3RD DIST. COURT - WEST JORDAN SALT LAKE COUNTY, STATE OF UTAH ART SPACE AFFORDABLE HOUSING vs. ANARCHY ARTS LLC CASE NUMBER 080411274 Eviction ________________________________________________________________________________ CURRENT ASSIGNED JUDGE KARA PETTIT PARTIES Plaintiff - ART SPACE AFFORDABLE HOUSING Represented by: KIRK A CULLIMORE Defendant - ANARCHY ARTS LLC Represented by: BRIAN W STEFFENSEN Doing Business As - CUP OF JOE ACCOUNT SUMMARY TOTAL REVENUE Amount Due: 275.00 Amount Paid: 275.00 Credit: 0.00 Balance: 0.00 BAIL/CASH BONDS Posted: 19,110.00 Forfeited: 0.00 Refunded: 19,110.00 Balance: 0.00 TRUST TOTALS Trust Due: 19,110.00 Amount Paid: 19,110.00 Credit: 0.00 Trust Balance Due: 0.00 Balance Payable: 0.00 REVENUE DETAIL - TYPE: COMPLAINT 2K-10K Amount Due: 95.00 Amount Paid: 95.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: CERTIFIED COPIES Amount Due: 1.00 Amount Paid: 1.00 Amount Credit: 0.00 Balance: 0.00 Printed: 01/29/15 18:15:43 Dockets.Justia.com Page 1 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ REVENUE DETAIL - TYPE: CERTIFICATION Amount Due: 4.00 Amount Paid: 4.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: COMPLAINT - NO AMT S Amount Due: 60.00 Amount Paid: 60.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: CERTIFIED COPIES Amount Due: 3.00 Amount Paid: 3.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: CERTIFICATION Amount Due: 4.00 Amount Paid: 4.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: AUDIO TAPE COPY Amount Due: 10.00 Amount Paid: 10.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: COPY FEE Amount Due: 0.50 Amount Paid: 0.50 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: WRIT OF EXECUTION Amount Due: 35.00 Amount Paid: 35.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: WRIT OF EXECUTION Amount Due: 50.00 Amount Paid: 50.00 Amount Credit: 0.00 Printed: 01/29/15 18:15:43 Page 2 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ Balance: 0.00 REVENUE DETAIL - TYPE: COPY FEE Amount Due: 12.50 Amount Paid: 12.50 Amount Credit: 0.00 Balance: 0.00 BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil, Posted By: KIRK A CULLIMORE Posted: 9,555.00 Forfeited: 0.00 Refunded: 9,555.00 Balance: 0.00 BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil, Posted By: CUP OF JOE Posted: 0.00 Forfeited: 0.00 Refunded: 0.00 Balance: 0.00 BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil, Posted By: KENT L FILLMORE Posted: 2,000.00 Forfeited: 0.00 Refunded: 2,000.00 Balance: 0.00 BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil, Posted By: KENT L FILLMORE Posted: 5,300.00 Forfeited: 0.00 Refunded: 5,300.00 Balance: 0.00 BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil, Posted By: KENT L FILLMORE Posted: 2,255.00 Forfeited: 0.00 Refunded: 2,255.00 Balance: 0.00 TRUST DETAIL Trust Description: Bail/Bond Refund Recipient: KENT L FILLMORE Printed: 01/29/15 18:15:43 Misc. Misc. Misc. Misc. Misc. Page 3 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ Amount Due: Paid In: Paid Out: TRUST DETAIL Trust Description: Recipient: Amount Due: Paid In: Paid Out: TRUST DETAIL Trust Description: Recipient: Amount Due: Paid In: Paid Out: TRUST DETAIL Trust Description: Recipient: Amount Due: Paid In: Paid Out: 9,555.00 9,555.00 9,555.00 Bail/Bond Refund KIRK A CULLIMORE 2,000.00 2,000.00 2,000.00 Bail/Bond Refund KIRK A CULLIMORE 5,300.00 5,300.00 5,300.00 Bail/Bond Refund KIRK A CULLIMORE 2,255.00 2,255.00 2,255.00 CASE NOTE PROCEEDINGS 06-20-08 Filed: Complaint 06-25-08 Filed: Answer (Anarchy Arts LLC) ANARCHY ARTS LLC 06-26-08 06-26-08 06-26-08 06-26-08 06-26-08 06-26-08 Judge TERRY CHRISTIANSEN assigned. Filed: Lease Agreement Filed: Letter from Evergreene Management Filed: Complaint 2K-10K Fee Account created Total Due: 95.00 COMPLAINT 2K-10K Payment Received: 95.00 Note: Code Description: COMPLAINT 2K-10K 06-26-08 Filed: Three Day Notice to Pay or Vacate 06-26-08 Filed: Judgment and Order (not Signed) 06-27-08 Filed return: Summons & Complaint, served Tiffany Neve, Manager Printed: 01/29/15 18:15:43 Page 4 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ Party Served: ANARCHY ARTS LLC Service Type: Personal Service Date: June 22, 2008 06-27-08 Filed: Affidavit of Attys Fees & Costs 06-27-08 Filed: Motion for an Order of Restitution Filed by: CULLIMORE, KIRK A 06-27-08 Filed: Default Certificate 06-27-08 Note: **** File to Judge **** 06-27-08 Filed: Default 07-02-08 Judgment Entered - Amount $11868.26 07-02-08 Filed judgment: Default Judgment @J Judge ROBERT ADKINS Signed July 01, 2008 07-02-08 Case Disposition is Judgment Disposition Judge is TERRY CHRISTIANSEN 07-02-08 Issued: Order of Restitution Judge ROBERT ADKINS 07-02-08 Note: **** Cullimore's box **** 07-02-08 Case Disposition is Set aside/Withdrawn Disposition Judge is TERRY CHRISTIANSEN 07-03-08 Filed: Notice of Judgment 07-03-08 Note: Default Judgment, Order of Restitution is set aside on court's motion (answer received 06-25-08). ATP notified via phone. 07-03-08 Judgment #1 Modified $ 11868.26 Disposition: Set aside 07-03-08 Fee Account created Total Due: 1.00 07-03-08 Fee Account created Total Due: 4.00 07-03-08 CERTIFIED COPIES Payment Received: 1.00 Note: 20.00 cash tendered. 15 change given. 07-03-08 CERTIFICATION Payment Received: 4.00 07-07-08 Filed: Notice of Immediate Occupancy 07-07-08 Notice - NOTICE for Case 080411274 ID 11513958 IMMEDIATE OCCUPANCY is scheduled. Date: 07/15/2008 Time: 08:30 a.m. Location: WJ Courtroom 33 8080 S REDWOOD ROAD SUITE 1701 WEST JORDAN, UT 84088 Printed: 01/29/15 18:15:43 Page 5 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ Before Judge: STEPHEN ROTH 07-07-08 IMMEDIATE OCCUPANCY scheduled on July 15, 2008 at 08:30 AM in WJ Courtroom 33 with Judge ROTH. 07-08-08 Filed: Notice of Evidentiary Hearing 07-11-08 IMMEDIATE OCCUPANCY rescheduled on July 15, 2008 at 08:30 AM Reason: Correct calendar. 07-14-08 Filed: Complaint No Amount 07-14-08 Fee Account created Total Due: 60.00 07-14-08 COMPLAINT - NO AMT S Payment Received: 60.00 Note: Code Description: COMPLAINT - NO AMT S 07-15-08 Filed: Minutes Immediate Occupancy 07-15-08 Filed: Notice of Appearance 07-15-08 Filed: Motion to Quash Summons Filed by: FILLMORE, KENT L 07-17-08 Filed: Motion to Set Plaintiff's Possession Bond Filed by: CULLIMORE, KIRK A 07-21-08 Filed: Notice of Pretrial Conference 07-21-08 PRETRIAL CONFERENCE scheduled on August 04, 2008 at 08:30 AM in WJ Courtroom 37 with Judge CHRISTIANSEN. 07-21-08 Notice - NOTICE for Case 080411274 ID 11529543 PRETRIAL CONFERENCE is scheduled. Date: 08/04/2008 Time: 08:30 a.m. Location: WJ Courtroom 37 8080 S REDWOOD ROAD SUITE 1701 WEST JORDAN, UT 84088 Before Judge: TERRY CHRISTIANSEN 07-22-08 Filed order: Order Setting Possession Bond amount at $9555.00 Judge TERRY CHRISTIANSEN Signed July 21, 2008 07-22-08 Filed: Defendant's copy of "Notice of Immediate Occupancy" notice returned by mail. undeliverable. 07-22-08 Filed: Notice of Filing of a Possession Bond 07-22-08 Bond Account created Total Due: 9555.00 07-22-08 Bond Posted Payment Received: 9,555.00 07-25-08 Bond Account created Total Due: 2000.00 07-25-08 Bond Posted Payment Received: 2,000.00 07-25-08 Bond Posted Payment Reversal: -2,000.00 Printed: 01/29/15 18:15:43 Page 6 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ Note: The Counter bond was not enough money, reversed the money and returned to Attorney for Deft. Will not reenter. 07-25-08 Filed: Notice of Hearing 07-25-08 Filed: Notice of Hearing 07-28-08 Filed: ExParte Motion for an Order of Restitution 07-29-08 Filed return: Return "Notice of Filing of Possession Bond" Party Served: CUP OF JOE (Sean-employee) Service Type: Personal Service Date: July 22, 2008 07-29-08 Filed: Memorandum in Opposition to Defendants Motion to Quash Summons 07-29-08 Filed: Motion for Order of Restitution Filed by: CULLIMORE, KIRK A 07-29-08 Filed: Notice of Filing of a Possession Bond 07-31-08 Filed: Motion and Memorandum to set aside Order of Restitution Filed by: FILLMORE, KENT L 07-31-08 Filed: Affidavit in Support of Motion to Set Aside / Order of Restitution 07-31-08 Bond Account created Total Due: 07-31-08 Bond Account created Total Due: 2000.00 07-31-08 Bond Posted Payment Received: 2,000.00 07-31-08 Bond Account created Total Due: 5300.00 07-31-08 Bond Posted Payment Received: 5,300.00 07-31-08 Bond Account created Total Due: 2255.00 07-31-08 Bond Posted Payment Received: 2,255.00 08-01-08 Filed: Affidavit in support of Motion to Set aside Order of Restitution 08-04-08 Note: Submitted: Order to Set Aside Order of Restitution 08-04-08 MOTION TO SET ASIDE RESTITUTI scheduled on August 19, 2008 at 08:30 AM in WJ Courtroom 37 with Judge CHRISTIANSEN. 08-04-08 Minute Entry - Minutes for Pretrial Conference Judge: TERRY CHRISTIANSEN Clerk: mindyg PRESENT Plaintiff's Attorney(s): DEREK J BARCLAY Defendant's Attorney(s): KENT L FILLMORE Audio Tape Number: 8112 Tape Count: 1025 Printed: 01/29/15 18:15:43 Page 7 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ __________________________________________________________________ HEARING TAPE: 8112 COUNT: 1025 On record, Defts Motion to Quash is denied and deft to file an amended answer by 8-11-08. Case set for Motion to Set Aside the Order of Restitution MOTION TO SET ASIDE RESTITUTI is scheduled. Date: 08/19/2008 Time: 08:30 a.m. Location: WJ Courtroom 37 8080 S REDWOOD ROAD SUITE 1701 WEST JORDAN, UT 84088 Before Judge: TERRY CHRISTIANSEN 08-04-08 Filed: Preliminary Hearing Notice 08-04-08 Filed: Pretrial Conference Minutes 08-08-08 Filed: Affidavit of Kris Montoya 08-08-08 Filed: Memorandum in Opposition to Defendants Motion to Set Aside Order of Restitution 08-08-08 Filed: Affidavit of Derek Barclay 08-08-08 Fee Account created Total Due: 3.00 08-08-08 Fee Account created Total Due: 4.00 08-08-08 CERTIFIED COPIES Payment Received: 3.00 08-08-08 CERTIFICATION Payment Received: 4.00 08-08-08 Filed: Certificate of Mailing 08-11-08 Filed: Amended Answer and Counterclaim 08-11-08 Filed: Affidavit in Support of Amended Answer and Counterclaim 08-19-08 Filed order: Order to Return Bond is granted Judge TERRY CHRISTIANSEN Signed August 22, 2008 08-19-08 Minute Entry - Minutes for MOTION TO SET ASIDE RESTITUT Judge: TERRY CHRISTIANSEN Clerk: mindyg PRESENT Plaintiff's Attorney(s): DEREK J BARCLAY Other Parties: KENT L FILLMORE Audio Printed: 01/29/15 18:15:43 Page 8 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ Tape Number: 8113 Tape Count: 1037 __________________________________________________________________ HEARING TAPE: 8113 COUNT: 1037 On record, Def argument on motion to set aside writ of restitution COUNT: 1044 Pla argument COUNT: 1124 Pla wit #1 Kim Muir sworn and DEX COUNT: 1126 Def XEX COUNT: 1127 Def argument COUNT: 1129 Pla argument COUNT: 1133 Court denies defts motion to set aside the writ of restitution COUNT: 1135 Court orders posted bond to be returned to the defts. Pla to prepare order of court hearing 08-19-08 Issued: Minutes Motion to Set Aside Restitution Judge TERRY CHRISTIANSEN 08-21-08 Filed: Affidavit in SUpport of Motion for Summary Judgment 08-21-08 Filed: Certifiacte of Service 08-21-08 Filed: Memorandum in Support of Motion for Summary Judgment 08-21-08 Filed: Motion for Summary Judgment Filed by: CULLIMORE, KIRK A 08-22-08 Note: File to Judge 08-25-08 Note: File to Annette 08-26-08 Filed: Plaintiff Art Space Affordable Housing, LP's Answer to Defendants Counterclaim 08-26-08 Filed: Plaintiffs Objection to Defendants Counterclaim 08-27-08 Trust Account created Total Due: 9555.00 08-27-08 Bond Transfer/Refund Payment Received: -9,555.00 08-27-08 Bail/Bond Refund Payment Received: 9,555.00 08-27-08 Bail/Bond Refund Check # 11274 Trust Payout: 9,555.00 Printed: 01/29/15 18:15:43 Page 9 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ 08-27-08 Note: bail/bond refund back to Annette per request 08-29-08 Note: Deft. did not show up to pick up check so I mailed check #11274 for $9555.00 to Kent Fillmore on this date. 09-08-08 Note: File to Judge 09-09-08 Filed order: Defendants Motion to Set Aside Order of Restitution is denied. The $9,555.00 posted by Defendant is to be returned to Defendant Judge TERRY CHRISTIANSEN Signed September 09, 2008 09-10-08 Filed: Request to Submit for Decision (Summary Judgement) 09-10-08 Filed: Attorney Fees Affidavit and Affidavit of Costs 09-10-08 Filed: Motion and Memo for Enlargement of Time for Response to Motion for Summary Judgment Filed by: FILLMORE, KENT L 09-24-08 Note: File to Judge 09-24-08 Filed: Matter before the Court. Judgement. 09-24-08 Filed: Memorandum in opposition to Defendnt's Motion for enlargement of time from Plaintiff 09-24-08 Filed: Affidavit of Derek J Barclay 09-24-08 Filed: Affidavit of Kirk A Cullimore 09-25-08 Filed: Action Sheet 09-25-08 Filed: Action Sheet 09-29-08 MO FOR JUDGMENT/MO FOR EXTE scheduled on October 14, 2008 at 08:30 AM in WJ Courtroom 37 with Judge CHRISTIANSEN. 09-29-08 Notice - NOTICE for Case 080411274 ID 11621021 MO FOR JUDGMENT/MO FOR EXTE is scheduled. Date: 10/14/2008 Time: 08:30 a.m. Location: WJ Courtroom 37 8080 S REDWOOD ROAD SUITE 1701 WEST JORDAN, UT 84088 Before Judge: TERRY CHRISTIANSEN 09-29-08 Filed: Minutes for (September 29, 2008) 10-14-08 Minute Entry - Minutes for MO FOR JUDGMENT/MOT FOR EXTE Judge: TERRY CHRISTIANSEN Clerk: mindyg PRESENT Plaintiff's Attorney(s): DEREK J BARCLAY Printed: 01/29/15 18:15:43 Page 10 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ Defendant's Attorney(s): KENT L FILLMORE Audio Tape Number: 8172 Tape Count: 900 __________________________________________________________________ HEARING TAPE: 8172 COUNT: 900 On record, Def requests extension to respond to motion for judgment. Court grants def counsel 1 week to respond. 10-21-08 by 5:00 p.m. 10-14-08 Filed: Minutes (October 14.2008) 10-15-08 Filed: Motion to Release Bond Filed by: CULLIMORE, KIRK A 10-16-08 Note: File to Judge 10-17-08 Minute Entry - ORDER Judge: TERRY CHRISTIANSEN Order not signed. Motion to Release Bond denied until after the case is final. Date: ____________________ ______________________________ Judge TERRY CHRISTIANSEN 10-17-08 Filed: Order Releasing Bond not signed 10-21-08 Minute Entry - ORDER Judge: TERRY CHRISTIANSEN Judgment amount on the Corrected Judgment is different from the original Judgment. Order for Corrected Judgment is for the SSN only. The Corrected Judgment needs to be changed so the only difference is the SSN. Date: ____________________ Printed: 01/29/15 18:15:43 ______________________________ Judge TERRY CHRISTIANSEN Page 11 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ 10-22-08 Filed: Plaintiffs Second Request to Submit for Decision Motion for Summary Judgment 10-22-08 Filed: Action Sheet Notice to Submit (Summary Judgment) 10-22-08 Filed: Response and Morandum to Motion for Summary Judgement 10-22-08 Filed: Affidavit in Support of Response to Motion and Memorandum for Summary Judgement 10-22-08 Filed: Response and Memorandum to Motion for Summary Judgment 10-28-08 Filed: Memorandum in Support of Plaintiffs Motion to Strike Defendants Response to Plaintiffs Motion for Summary Judgment or in the Alternative Plaintiffs Reply to Defendants Response to Plaintiffs Motion for Summary Judgment 10-28-08 Filed: Motion to Strike Defendants Response to Plaintiffs Motion for Summary Judgment or in the Alternative Plaintiffs Reply to Plaintiffs Motion for Summary Judgment Filed by: CULLIMORE, KIRK A 11-03-08 Note: File to Judge 11-14-08 Filed: Defendants Response to Plaintiffs Motion to Strike Defendants Response to Plaintiffs Motion for Summary Judgment in the Alternative Defendants Response to Plaintiffs Reply to Defendants Response to Plaintiffs Motion for Summary Judgment 11-14-08 Filed: Affidavit of Kent Fillmore 11-14-08 Filed: Affidavit of Sean Christopher Andre Armstrong 11-17-08 Filed: Minute Entry (11/17/2008) 11-19-08 Fee Account created Total Due: 10.00 11-19-08 AUDIO TAPE COPY Payment Received: 10.00 11-20-08 Note: CD requested for hearing of 10-14-08 by Kent Fillmore is ready for pickup 12-08-08 Filed: Motion to Release Bond Filed by: CULLIMORE, KIRK A 12-09-08 Note: File to Judge 12-09-08 Filed: Attorney Fees Affidavit and Affidavit of Costs 12-10-08 Filed judgment: Summary Judgment @J (Judgement and Order) Judge TERRY CHRISTIANSEN Signed December 10, 2008 12-10-08 Filed order: Release bond to Plaintiffs attorney $9,555.00 Judge TERRY CHRISTIANSEN Signed December 10, 2008 12-10-08 Judgment #2 Entered $ 43472.84 Debtor: CUP OF JOE Printed: 01/29/15 18:15:43 Page 12 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ 12-10-08 12-15-08 12-15-08 12-15-08 12-15-08 12-15-08 12-15-08 12-15-08 12-15-08 12-15-08 12-15-08 12-15-08 12-15-08 12-15-08 01-15-09 01-15-09 01-15-09 01-15-09 01-15-09 01-15-09 01-20-09 01-21-09 01-21-09 01-30-09 01-30-09 Debtor: ANARCHY ARTS LLC Creditor: ART SPACE AFFORDABLE HOUSING 43,472.84 Total Judgment 43,472.84 Judgment Grand Total Case Disposition is Judgment Disposition Judge is TERRY CHRISTIANSEN Trust Account created Total Due: 2000.00 Bond Transfer/Refund Payment Received: -2,000.00 Bail/Bond Refund Payment Received: 2,000.00 Trust Account created Total Due: 2255.00 Bond Transfer/Refund Payment Received: -2,255.00 Bail/Bond Refund Payment Received: 2,255.00 Trust Account created Total Due: 5300.00 Bond Transfer/Refund Payment Received: -5,300.00 Bail/Bond Refund Payment Received: 5,300.00 Bail/Bond Refund Check # 35092 Trust Payout: 2,000.00 Bail/Bond Refund Check # 35092 Trust Payout: 2,255.00 Bail/Bond Refund Check # 35092 Trust Payout: 5,300.00 Note: RESTITUTION CHECK MAILED Fee Account created Total Due: 0.50 COPY FEE Payment Received: 0.50 Note: 5.00 cash tendered. 4.5 change given. Filed: Appearance of Counsel of Brian W Steffensen for Defendant Anarchy Arts dba Cup of Joe Filed: Memorandum in Support of Motion to Set Aside Judgment and for Sanctions Filed: Motion to Set Aside Judgment and for Sanctions Filed by: STEFFENSEN, BRIAN W Filed: Memorandum in Support of Motion to Set Aside Judgement and for Sanctions Filed: Motion to Quash Service of Writ of Restitution ond Order of Possession Filed by: STEFFENSEN, BRIAN W Filed: Memorandum in opposition to Defendant's Motion to set aside judgment Filed: Memorandum in Support of Defendant's Motion to Quash Service of Writ of Restitution and Order of Possession Filed: Withdrawl of Counsel by Kent L. Fillmore. Filed: Withdrawl of Counsel by Kent L Fillmore Printed: 01/29/15 18:15:43 Page 13 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ 02-03-09 Filed: Reply Memorandum in Support of Motion to Set aside Judgment and for Sanctions 02-03-09 Filed: Defendant's Motion for Enlargement of Time to Object to Plaintiff's Proposed Order Filed by: STEFFENSEN, BRIAN W 02-03-09 Filed: Reply Memorandum in Support of Motion to Set Aside Judgment and For Sanctions 02-05-09 Filed: Memorandum in opposition to Defendant's Motion to quash service of Writ of Restitution and Order of Possession 02-12-09 Filed: Application for Continuing Garnishment 02-20-09 Issued: Writ of Execution 02-20-09 Fee Account created Total Due: 35.00 02-20-09 WRIT OF EXECUTION Payment Received: 35.00 Note: Code Description: WRIT OF EXECUTION 05-28-09 Note: Submitted: Order 06-01-09 Filed order: Order to strike defendants response to plaintiffs motion for summary judgment is granted Judge TERRY CHRISTIANSEN Signed June 01, 2009 06-02-09 ALL PENDING MOTIONS scheduled on July 06, 2009 at 08:30 AM in WJ Courtroom 37 with Judge CHRISTIANSEN. 06-02-09 Notice - NOTICE for Case 080411274 ID 12172656 ALL PENDING MOTIONS is scheduled. Date: 07/06/2009 Time: 08:30 a.m. Location: WJ Courtroom 37 8080 S REDWOOD ROAD SUITE 1701 WEST JORDAN, UT 84088 Before Judge: TERRY CHRISTIANSEN 07-06-09 Minute Entry - Minutes for ALL PENDING MOTIONS Judge: TERRY CHRISTIANSEN Clerk: deborahz PRESENT Plaintiff's Attorney(s): DEREK J BARCLAY Defendant's Attorney(s): BRIAN W STEFFENSEN Audio __________________________________________________________________ Printed: 01/29/15 18:15:43 Page 14 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ HEARING TAPE: crt 37 COUNT: 915 On record-ATD argues COUNT: 921 ATP responds COUNT: 925 ATD argues COUNT: 925 ATP responds. Case is taken under advisement. 07-30-09 Filed order: Ruling and Order Judge TERRY CHRISTIANSEN Signed July 30, 2009 07-31-09 Minute Entry - RULING AND ORDER Judge: TERRY CHRISTIANSEN Ruling and order by Judge Christiansen All Motions are denied. (mailed cooy to Attorneys) 08-04-09 Issued: Writ of Execution 08-04-09 Fee Account created Total Due: 50.00 08-04-09 WRIT OF EXECUTION Payment Received: 50.00 Note: Code Description: WRIT OF EXECUTION 08-05-09 Filed: App for Writ of Execution 08-17-09 Filed: Request for hearing 08-17-09 Filed: Certificate of mailing 08-20-09 WRIT OF EXEC HEARING scheduled on August 31, 2009 at 08:30 AM in WJ Courtroom 37 with Judge CHRISTIANSEN. 08-20-09 Notice - NOTICE for Case 080411274 ID 12352663 WRIT OF EXEC HEARING is scheduled. Date: 08/31/2009 Time: 08:30 a.m. Location: WJ Courtroom 37 8080 S REDWOOD ROAD SUITE 1701 WEST JORDAN, UT 84088 Before Judge: TERRY CHRISTIANSEN 08-28-09 Filed: Defendant's suplemental Memorandum in Support of its Objection to Writ of Execution 08-31-09 Minute Entry - Minutes for HEARING ON WRIT EXECUTION Judge: ROYAL I HANSEN Printed: 01/29/15 18:15:43 Page 15 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ Clerk: deborahz PRESENT Plaintiff's Attorney(s): KIRK A CULLIMORE Defendant's Attorney(s): BRIAN W STEFFENSEN Audio __________________________________________________________________ HEARING TAPE: crt 37 COUNT: 912 On record-Mr. Steffensen presents testimony COUNT: 915 Mr. Cullimore argues. COUNT: 919 Mr. Steffensen rebuts COUNT: 919 Mr. Cullimore redirects. COUNT: 920 Mr. Steffensen argues. COUNT: 929 Mr. Cullimore rebuts. COUNT: 934 Mr. Steffensen redirects. Court orders an Evidentiary Hearing be set on 09-28-09 at 9:30 a.m. Attorneys noticed in open court. Attorneys to provide responses by 09-14-09. EVIDENTIARY HEARING is scheduled. Date: 09/28/2009 Time: 09:30 a.m. Location: WJ Courtroom 37 8080 S REDWOOD ROAD SUITE 1701 WEST JORDAN, UT 84088 Before Judge: TERRY CHRISTIANSEN 08-31-09 EVIDENTIARY HEARING scheduled on September 28, 2009 at 09:30 AM in WJ Courtroom 37 with Judge CHRISTIANSEN. 08-31-09 Filed: Affidavit of Derek J. Barclay 09-15-09 Filed: Courtesy Copies (exhibit) 09-15-09 Filed: Plaintiff's Memorandum in Opposition to Defendant's Printed: 01/29/15 18:15:43 Page 16 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ Memorandum in Support of Its Objection to Writ of Execution 09-15-09 Filed: Exhibit A 09-23-09 Filed: Notice of URCP 30B6 Deposition of Art Space Affordable Housing LP 09-25-09 Filed: Defendant's Memorandum in Reply to Plaintiff's Opposition / Response to Defendant's Supplemental Memorandum in Support of it's Objection to Writ of Execution 09-25-09 Filed: Defendant's Memorandum in Reply to Plaintiff's Opposition/Response to Defendant's Supplemental Memorandum in Support of its Objection to Writ of Execution. 09-28-09 Filed: Minutes Evidentiary Hearing (September 28, 2009) 09-28-09 Minute Entry - Minutes for EVIDENTIARY HEARING Judge: TERRY CHRISTIANSEN Clerk: deborahz PRESENT Plaintiff's Attorney(s): KIRK A CULLIMORE Defendant's Attorney(s): BRIAN W STEFFENSEN Audio __________________________________________________________________ HEARING TAPE: crt 37 COUNT: 1141 On record-Court orders the hearing continued to 11-10-09 at 1:30 p.m.. ATP has until 10-13-09 to file his responsive pleadings and ATD will have until 10-23-09 to respond. Each side to provide Affidavits of Testimony for any witnesses that will be testifying. Witnesses will also need to be present for cross examination at the hearing. A deposition will take place on 10-14-09 at 10:00 a.m. EVIDENTIARY, ETC. HEARING is scheduled. Date: 11/10/2009 Time: 01:30 p.m. Location: WJ Courtroom 37 8080 S REDWOOD ROAD SUITE 1701 WEST JORDAN, UT 84088 Before Judge: TERRY CHRISTIANSEN Printed: 01/29/15 18:15:43 Page 17 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ 09-28-09 EVIDENTIARY, ETC. HEARING scheduled on November 10, 2009 at 01:30 PM in WJ Courtroom 37 with Judge CHRISTIANSEN. 10-15-09 Filed: Plaintiff's Second Memorandum in Opposition to Defendant's Memorandum in Support of Its Objection to Writ of Execution. 10-28-09 Filed: Declaration of Kristy Gonzalez 10-28-09 Filed: Defendant's reply to plaintiff's second memorandum in opposition to defendant's supplemental memorandum in support of its objection to writ of execution 10-30-09 Filed: Plaintiff's Reply to Defendant's Repy to Plaintiff's Second Memorandum in Opposition to Defendant's Memorandum in Support of its objection to Writ of Execution 11-10-09 Filed: Supplemental declaration of Kristy Gonzalez 11-10-09 Filed: Minutes Evidentiary Hearing 11-10-09 Minute Entry - Minutes for EVIDENTIARY HEARING Judge: TERRY CHRISTIANSEN Clerk: deborahz PRESENT Plaintiff's Attorney(s): KIRK A CULLIMORE Defendant's Attorney(s): BRIAN W STEFFENSEN Audio __________________________________________________________________ HEARING TAPE: crt 37 COUNT: 140 On record-This case is on for an Evidentiary Hearing. COUNT: 141 Mr. Steffensen argues. COUNT: 148 Mr. Cullimore responds. Court is in recess to allow Mr. Cullimore to review pleadings. COUNT: 202 Parties stipulate to a continuance to allow attorneys more time to review pleadings. Mr. Cullimore is given until 11-18-09 at 5:00 p.m. to respond (via fax and filing). Mr. Steffensen is given until 11-25-09 at 5:00 p.m. to respond (via fax and filing). Hearing is set for 12-04-09 at 9:30 a.m. Parties are noticed in Printed: 01/29/15 18:15:43 Page 18 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ open court. 11-10-09 EVIDENTIARY HEARING scheduled on December 04, 2009 at 09:30 AM in WJ Courtroom 37 with Judge CHRISTIANSEN. 11-19-09 Filed: Plaintiff's Supplemental Reply to Defendant's Reply to Plaintiff's Second Memorandum in Opposition to Defendant's Memorandum Opposition to Defendant's Memorandum in Support of its Objection to Writ of Execution 12-01-09 Filed: Defendant's Final Reply Memorandum in Support of Its Objection to Writ of Execution 12-01-09 Filed: Defendant's Final Reply Memorandum in Support of Its Objection to Writ of Execution (Exhibits to this doucument) 12-02-09 EVIDENTIARY HEARING rescheduled on December 04, 2009 at 10:30 AM Reason: Stipulation of parties. 12-04-09 Minute Entry - Minutes for EVIDENTIARY HEARING Judge: TERRY CHRISTIANSEN Clerk: deborahz PRESENT Plaintiff's Attorney(s): KIRK A CULLIMORE Defendant's Attorney(s): BRIAN W STEFFENSEN Audio __________________________________________________________________ HEARING TAPE: crt 37 COUNT: 1035 On record-This matter came on for an Evidentiary Hearing. Mr. Steffensen argues. The Deposition of Mr. Wood is accepted by Court. COUNT: 1101 Mr. Cullimore responds. COUNT: 1129 Court addresses the parties. COUNT: 1133 Mr. Steffensen argues. COUNT: 1135 Mr. Cullimore responds. COUNT: 1148 Mr. Steffensen argues. Printed: 01/29/15 18:15:43 Page 19 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ COUNT: 1201 Court orders the Evidentiary Hearing be continued to 12-08-09 at 2:00 p.m. Both attorneys noticed in open court. EVIDENTIARY HEARING. Date: 12/08/2009 Time: 02:00 p.m. Location: WJ Courtroom 37 8080 S REDWOOD ROAD SUITE 1701 WEST JORDAN, UT 84088 Before Judge: TERRY CHRISTIANSEN 12-04-09 EVIDENTIARY HEARING scheduled on December 08, 2009 at 02:00 PM in WJ Courtroom 37 with Judge CHRISTIANSEN. 12-08-09 Filed: Minutes Evidentiary Hearing 12-08-09 Minute Entry - Minutes for EVIDENTIARY HEARING Judge: TERRY CHRISTIANSEN Clerk: deborahz PRESENT Plaintiff's Attorney(s): KIRK A CULLIMORE Defendant's Attorney(s): BRIAN W STEFFENSEN Other Parties: CHRISTY GONZALES MR. WOOD MS. MONTOYA Audio __________________________________________________________________ HEARING TAPE: crt 37 COUNT: 202 On record-This matter came on for hearing for an Evidentiary hearing. COUNT: 203 Mr. Steffensen argues. COUNT: 204 Ms. Gonzales is sworn. Mr. Steffensen questions Ms. Gonzales. COUNT: 223 Mr. Cullimore re-directs. COUNT: 238 Printed: 01/29/15 18:15:43 Page 20 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ Mr. Steffensen argues. COUNT: 239 Mr. Cullimore responds. COUNT: 240 Ms. Gonzales is excused. Mr. Wood, Property Manager is sworn and is questioned by Mr. Steffensen. COUNT: 309 Mr. Wood returns to witness stand. Mr. Steffensen continues. COUNT: 332 Mr. Wood excused. Mr. Steffensen recalls Ms. Gonzales. COUNT: 334 Mr. Cullimore crosses. COUNT: 336 Ms. Gonzales is excused. COUNT: 337 Ms. Montoya, former Property Manager of Art Space is sworn. Mr. Cullimore questions Ms. Montoya. COUNT: 354 Mr. Steffensen redirects. COUNT: 357 Ms. Montoya is excused. COUNT: 358 Ms. Gonzales is recalled. Mr. Steffensen questions Ms. Gonzales. COUNT: 401 Ms. Gonzales is excused. COUNT: 402 Court orders closing arguments may be made in writing to the Court. Mr. Steffensen's is due by 01-01-10 and Mr. Cullimore's by 01-08-10. Mr. Stefensen has until 01-15-10 to reply. COUNT: 242 Mr. Cullimore crosses. The court is in recess for five minutes. 01-04-10 Filed: Defendant's First Post-Hearing Memorandum, 01-04-10 Filed: Exhibit A (Defendant's First Post-Hearing Memorandum) 01-08-10 Filed: Plaintiff's Closing Arguments 01-19-10 Filed: Findings of Fact/Conclusions of Law Judge TERRY CHRISTIANSEN Signed January 19, 2010 01-20-10 Filed: Defendant's Final Post-Hearing Memorandum 05-10-10 Filed: Notice of Change of Address--Steffensen Law Office Printed: 01/29/15 18:15:43 Page 21 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ 08-20-13 Filed: Motion for Summary Judgment on Defendant's Amended Counterclaim Filed by: ART SPACE AFFORDABLE HOUSING, 08-20-13 Filed: Memorandum in Support of Motion for Summary Judgment on Defendant's Amended Counterclaim 08-20-13 Filed: Certificate of Mailing/Service 08-20-13 Filed: Return of Electronic Notification 09-04-13 Filed: Motion -- For Enlargement of Time to File a Response to Plaintiff's Motion for Summary Judgment Filed by: ANARCHY ARTS LLC, 09-04-13 Filed: Return of Electronic Notification 09-13-13 Filed: Request/Notice to Submit Motion for Summary Judgment 09-13-13 Filed: Certificate of Mailing/Service of Request to Submit Motion for Summary Judgment 09-13-13 Filed: Memorandum in Opposition to Motion for Enlargment of Time 09-13-13 Filed: Certificate of Mailing/Service of Memorandum in Opposition to Motion for Enlargment of Time 09-13-13 Filed: Return of Electronic Notification 09-20-13 Filed: Motion -- Second For Enlargement Due to Family Health Emergency Filed by: ANARCHY ARTS LLC, 09-20-13 Filed: Return of Electronic Notification 09-23-13 Filed: Memorandum in Opposition to 2nd Motion for Enlargment of Time 09-23-13 Filed: Certificate of Mailing/Service 09-23-13 Filed: Return of Electronic Notification 09-27-13 Fee Account created Total Due: 12.50 09-27-13 COPY FEE Payment Received: 12.50 09-27-13 Filed: Motion -- for an Additional Extension of One Day to File an Opposition to the Motion for Summary Judgment Filed by: ANARCHY ARTS LLC, 09-27-13 Filed: Motion -- for an Additional Extension of One Day to File an Opposition to the Motion for Summary Judgment Filed by: ANARCHY ARTS LLC, 09-28-13 Filed: Return of Electronic Notification 09-28-13 Filed: Memorandum in Opposition to Artspaces Motion for Summary Judgment 09-28-13 Filed: Return of Electronic Notification Printed: 01/29/15 18:15:43 Page 22 of 23 CASE NUMBER 080411274 Eviction ________________________________________________________________________________ 09-29-13 Filed: Return of Electronic Notification 10-04-13 Filed: Order Releasing Bond (not signed) 10-09-13 Filed: Memorandum In Reply to Defendants Memorandum in Opposition to Motion for Summary Judgment 10-09-13 Filed: Exhibit List A 10-09-13 Filed: Exhibit List B 10-09-13 Filed: Certificate of Mailing/Service Memorandum in Reply to Defendants Opposition to Motion for Summary Judgment 10-09-13 Filed: Request/Notice to Submit Motion for Summary Judgment 10-09-13 Filed: Certificate of Mailing/Service Request to Submit Motion for Summary Judgment 10-10-13 Filed: Return of Electronic Notification 10-10-13 Filed: Return of Electronic Notification 10-28-13 Note: RTS on Plaintiff's MSJ ( counterclaim) to TLC for review 12-03-13 Filed order: Ruling and Order Judge TERRY CHRISTIANSEN Signed December 02, 2013 10-27-14 Judge KARA PETTIT assigned. 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