2 CA-CV 2012-0129 TOBER v. CIVANO I: NEIGHBORHOOD ASSOCIATION, et al Department: B County: Pima Cause Numbers: C20113384 Scott Rash Submitted: 01/18/2013 At Issue Date: 01/17/2013 At Issue Number: 2012-02591

Party/Attorney Information
Party Information	Attorney Information
JOAN TOBER Plaintiff/Appellant	Elizabeth D. Bushell ELIZABETH D. BUSHELL, P.L.C. Retained
BOB SMALL CHRIS SHIPLEY CIVANO 1: NEIGHBORHOOD ASSOCIATION, INC., an Arizona nonprofit corporation GEORGE LUIS LEE RAYBURN LES SHIPLEY MARK LEVINE RICK HANSON Defendants/Appellees	Carolyn B. Goldschmidt MONROE McDONOUGH GOLDSCHMIDT & MOLLA, P.L.L.C. Retained

Filings, Dues and Continuances
Document Type	Due Date	Document Title	Filing Date	Attorney/Firm	Type
Record		NOTIFICATION OF ELECTRONIC RECORD	09/18/2012		Filing
Transmittal Letter-CV		Transmittal Letter re electronic record	09/28/2012		Filing
Motion to Reinstate Appeal		Motion to Reinstate	10/19/2012	Bushell, Elizabeth D.	Filing
Opening Brief		APPELLANT'S OPENING BRIEF	11/06/2012	Bushell, Elizabeth D.	Filing
Answering Brief		Appellees Answering Brief	12/11/2012	Goldschmidt, Carolyn B.	Filing
Appendix		Appendix to Appellees Answering Brief	12/11/2012	Goldschmidt, Carolyn B.	Filing
Reply Brief		Appellants Reply Brief. 1-7-13	01/07/2013	Bushell, Elizabeth D.	Filing
Request for Oral Argument		Request for Oral Argument	01/09/2013	Goldschmidt, Carolyn B.	Filing
Return Receipt		Receipt of Notice	01/31/2013	Bushell, Elizabeth D.	Filing
Statement of Costs		Statement of Costs and Attorneys Fees	03/21/2013	Goldschmidt, Carolyn B.	Filing
Opening Brief	11/28/2012	Opening Brief		Bushell, Elizabeth D.	Due
Motion for Reconsideration	10/30/2012	Motion for Reconsideration			Due
Answering Brief	12/21/2012	Answering Brief		Goldschmidt, Carolyn B.	Due
Reply Brief	01/07/2013	Reply Brief		Bushell, Elizabeth D.	Due
Petition for Review to Supreme Court	04/26/2013	Petition for Review to Supreme Court			Due
Motion for Reconsideration	03/27/2013	Motion for Reconsideration			Due

Calendar and Decision Information
OA Request Due	OA Request By	OA Request Result	OA Filed	OA Date	OA Time	OA Type	Decision Type	Decision Date	Result Type
01/22/2013	Goldschmidt, Carolyn B.		01/10/2013	02/20/2013	2:00 p.m.	In Court	Memorandum Decision	03/12/2013	Affirmed

Mandate
Mandate Date	Mandate Vacated Date

MR/PR Outcome
MR Outcome	MR Outcome Date	PR Outcome	PR Outcome Date

Ticklers
Tickler Date	Due Date	Description
No ticklers available for this case.

Proceedings
Type	Date	Proceeding
Receipts	10/19/2012	Appellant/JOAN TOBER; $280.00; Receipt Number: 6938; Check Rec'd from: ELIZABETH D. BUSHELL for JOAN TOBER
Receipts	01/10/2013	Appellees/CIVANO I: NEIGHBORHOOD ASSOCATION, et al; $140.00; Receipt Number: 7005; Check Rec'd from: MONROE McDONOUGH GOLDSCHMIDT & MOLLA (CAROLYN B. GOLDSCHMIDT) for CIVANO I: NEIGHBORHOOD ASSOCATION, et al
Record	09/18/2012	Filed: NOTIFICATION OF ELECTRONIC RECORD. (Filed by Pima County Superior Court)
Briefs	11/06/2012	Filed: APPELLANT'S OPENING BRIEF. (Filed by Elizabeth D.Bushell)
Briefs	12/11/2012	Filed: Appellees Answering Brief. (Filed by Carolyn B. Goldschmidt) (e-filer)
Briefs	12/11/2012	Filed: Appendix to Appellees Answering Brief. (Filed by Carolyn B. Goldschmidt) (e-filer)
Briefs	01/07/2013	Filed: Appellants Reply Brief. 1-7-13. (Filed by Elizabeth D. Bushell) (e-filer)
All Other	09/27/2012	The Record on Appeal in the above-entitled cause was received in the Court of Appeals, Division Two, on September 18, 2012, from the Clerk of the Superior Court of Pima County, ORDERED: Appellant(s)’ filing fee in the Court of Appeals, Division Two, is $280.00, payable within ten days of this Order, pursuant to A.R.S. 12-321 and 322. Fees must be paid in cash or check made payable to the Court of Appeals, and sent to 400 W. Congress, Room 200, Tucson, Arizona 85701. FURTHER ORDERED: IF APPELLANT(S) FILING FEE IS NOT PAID WITHIN TEN DAYS OF THIS ORDER, THE CASE SHALL BE DISMISSED. FURTHER ORDERED: Appellant(s)' Opening Brief, pursuant to Rule 15(a), Rules of Civil Appellate Procedure, 17B A.R.S., shall be filed within forty days of this Order. FURTHER ORDERED: Appellee(s)' fee in the Court of Appeals, Division Two, is $140.00, ($280.00 if Appellee has filed a cross-appeal), pursuant to A.R.S. 12-321. Fees must be paid in cash or check made payable to the Court of Appeals. NO FILINGS BY APPELLEE WILL BE ACCEPTED UNTIL THE APPELLEE(S)' FEE IS PAID. FURTHER ORDERED: BRIEFS NOT IN COMPLIANCE WITH ARIZ. R. CIV. APP. P. 14, 17B A.R.S., WILL BE STRICKEN. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west-westbriefsnotification@thomson.com
All Other	09/28/2012	Filed: Transmittal Letter re electronic record. (Filed by Pima County Superior Court)
All Other	10/15/2012	Appellant not having paid the filing fee, and pursuant to this Court's order dated September 27, 2012, ORDERED: The above-entitled appeal is DISMISSED. Judges Kelly and Espinosa concurring.
All Other	10/19/2012	Filed: Motion to Reinstate. (Filed by Elizabeth D. Bushell) (e-filer)
All Other	10/19/2012	Appellant's filing fee having been paid, and pursuant to Motion to Reinstate, ORDERED: The above-entitled appeal is reinstated. FURTHER ORDERED: Pursuant to Ariz. R. Civ. App. P. 15(a), 17B A.R.S. Appellant(s)' Opening Brief shall be filed within forty days of this notice. FURTHER ORDERED: Appellee(s)' fee in the Court of Appeals, Division Two, is $140.00 ($280.00 if Appellee has filed a cross-appeal). No filings by appellee will be accepted until the fee is paid. BRIEFS THAT DO NOT COMPLY WITH ARIZ. R. CIV. APP. 14, 17B A.R.S., WILL BE STRICKEN. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com
All Other	01/10/2013	Filed: Request for Oral Argument. (Filed by Carolyn B. Goldschmidt) (e-filer)
All Other	01/18/2013	SUBMITTED
All Other	01/29/2013	This appeal is at issue. ORDERED: Oral argument shall be conducted before Division Two of the Court of Appeals in its third-floor Courtroom in the State Office Complex, 400 West Congress Street, North Building, Tucson, Arizona, on February 20, 2013 at 2:00 p.m. Each side may have twenty-five minutes to be heard. ***** FURTHER ORDERED: Counsel may stipulate to a telephonic oral argument and shall file with the Court any such stipulation and notify the Clerk of the Court in writing within ten days from the date of this order. The Court will reset the matter for telephonic oral argument. ORAL ARGUMENTS ARE NOW DIGITALLY RECORDED AND WILL BE AVAILABLE ONLINE THE DAY AFTER ARGUMENT ON THE WEBSITE http://www.appeals2.az.gov
All Other	01/30/2013	Copy of hearing order signed by Carolyn Goldschmidt
All Other	01/31/2013	Filed: Receipt of Notice. (Filed by Elizabeth D. Bushell) (e-filer)
All Other	02/20/2013	SIGN-IN SHEET
All Other	03/12/2013	MEMORANDUM DECISION - AFFIRMED - Espinosa with Vasquez and Kelly. (15)
All Other	03/21/2013	Filed: Statement of Costs and Attorneys Fees. (Filed by Carolyn B. Goldschmidt) (e-filer)
All Other	04/05/2013	The following action was considered by the legal staff on April 04, 2013, No objection having been filed, ORDERED: Appellees are awarded attorney fees on appeal in the amount of Five Thousand Three Hundred Eighty-Four and 00/100 Dollars ($5,384.00) and granted costs on appeal in the amount of One Hundred Forty and 00/100 Dollars ($140.00) by the Arizona Court of Appeals, Division Two.
All Other	04/28/2013	Notification Petition for Review filed with Arizona Supreme Court. (CV-13-0113-PR)