The court has ordered 668 North to stop the demolition

The court has ordered 668 North to stop the demolition:

CLERK OF THE COURT

HONORABLE CHRISTOPHER COURY

L. Stogsdill

Deputy

C J  DESIGN & CONSTRUCTION CORPORATION

JOHN DOUGLAS WILENCHIK

v.

668 NORTH L L C, et al.

GREGORY J GNEPPER

JUDGE GATES

ORDER

    The Court has reviewed and considered Plaintiff/Counterdefendant’s Emergency Application for Order to Show Cause Re: Contempt of Court, filed October 15, 2018.

    THE COURT FINDS that any hearing regarding the allegations of contempt asserted by Plaintiff/Counterdefendant should occur only after (a) Plaintiff/Counterdefendant’s inspector has had an opportunity to review the property, and (b) Defendant has responded.

    THE COURT FURTHER FINDS that it is appropriate to prevent waste from occurring between now and the time of the hearing on Plaintiff/Counterdefendants’ pending Application.  To this end, it is permissible for Defendants/Counterclaimants to take temporary steps to ensure that any roof changes made on October 13, 2018 will not leak in the event additional rain occurs between now and the time of the hearing.  The Court is mindful that weather forecasts do include the possibility of some rain this week.

    Good cause appearing,

    IT IS ORDERED as follows:

    1.    Emergency consideration of this issue, without the benefit of an inspection or a Response, is denied.

    2.    Alan Shelton of Shelton Contracting Group may conduct an inspection of the changes made on October 13, 2018, to the roof of the Chinese Cultural Center.  Additionally, Mr. Shelton may inspect any and all alleged leaks and work conducted to remediate said leaks.

    3.    Mr. Shelton shall prepare a report and provide it to the Court and all parties no later than October 17, 2018 at 8:30 a.m.  The report shall be e-mailed or hand-delivered to the Court and all counsel.

    4.    Defendants/Counterclaimants shall be permitted to file a written Response no later than October 17, 2018 at 5:00 p.m.  The Response shall be e-mailed or hand-delivered to the Court and all counsel.

    5.  IT IS ORDERED that Defendants/Counterclaimants 668 North L.L.C. are directed to personally appear before this court on October 18, 2018 at 1:30 p.m. (time allotted: 15 minutes) to show cause why, if any, why a temporary restraining order or preliminary injunction should not be issued enjoining the Defendants/Counterclaimants from the acts specified in Plaintiff/Counterdefendant’s Complaint.

The Honorable Pamela Gates

Maricopa County Superior Court

East Court Building

101 W. Jefferson

9th Floor, Courtroom 912

Phoenix, AZ 85003

Phone: 602-506-6391

Fax: 602-372-8790

This is a 15-minute return hearing only – no evidence will be taken.  

IT IS FURTHER ORDERED that Plaintiff/Counterdefendant shall serve this minute entry, along with the Emergency Application for Order to Show Cause Re: Contempt of Court, no later than 5:00 p.m. on October 16, 2018.

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.

WARNING: Failure to appear on the date and time indicated above may result in the court summarily granting the injunctive relief being requested by the Plaintiff/Counterdefendant.

    6.    Between the time of this Order and the issuance of any Orders following the October 18, 2018 hearing on the pending motion, Defendants/Counterclaimants shall be permitted to take remedial, temporary steps to try and make the roof water-tight in its current condition.  The spirit of this Order is focused on preserving the status quo – namely, to avoid having waste occur due to the roof leaking because of any construction that may have occurred on October 13, 2018.  This Order is not intended to permit additional long term repairs/redesign to occur.

    7.    The Preliminary Injunction shall remain in full force and effect, except as stated above.

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