Briefing Doc – 18F-H1817002-REL
Briefing on Case No. 18F-H1817002-REL-RHG: Herbert v. Blackstone at Vistancia
Executive Summary
This briefing details the resolution of case number 18F-H1817002-REL-RHG, a dispute between Petitioner Brian C. Herbert and Respondent Blackstone at Vistancia Community Association. The central development is that the parties reached a settlement, leading their attorneys to jointly file a motion to vacate the scheduled hearing. On January 3, 2018, Administrative Law Judge Diane Mihalsky of the Arizona Office of Administrative Hearings granted this motion. The hearing scheduled for January 5, 2018, was officially vacated, and the case was remanded to the Director of the Arizona Department of Real Estate for subsequent action.
Case Overview
• Case Number: 18F-H1817002-REL-RHG
• Forum: The Office of Administrative Hearings, Phoenix, Arizona
• Petitioner: Brian C. Herbert
• Respondent: Blackstone at Vistancia Community Association
• Presiding Judge: Diane Mihalsky, Administrative Law Judge
Key Development: Settlement and Hearing Vacation
The primary catalyst for the case’s disposition was a mutual agreement between the parties.
• Settlement Reached: The document explicitly states that the parties “have reached a settlement.”
• Joint Motion: Following the settlement, the attorneys for both the Petitioner and the Respondent filed a joint motion to vacate the hearing on the merits of the case.
• Hearing Canceled: The order formally vacates the “continued hearing that had been scheduled on January 5, 2018, at 8:30 a.m.”
Judicial Orders and Disposition
On January 3, 2018, Judge Diane Mihalsky issued two definitive orders that concluded the proceedings at the Office of Administrative Hearings:
1. Order to Vacate: The first order vacates the hearing scheduled for January 5, 2018. The document states: “IT IS ORDERED vacating the continued hearing that had been scheduled on January 5, 2018, at 8:30 a.m.”
2. Order to Remand: The second order remands, or sends back, the matter to a different state body for final processing. It specifies: “IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Arizona Department of Real Estate for further action.”
Parties and Legal Representation
The following table details the key individuals and firms involved in the legal matter.
Name/Entity
Legal Counsel
Law Firm
Contact Information
Petitioner
Brian C. Herbert
Jeffrey D. Harris, Esq.
Titus Brueckner & Levine, PLC
jharris@tbl-law.com
8355 East Hartford Drive, Suite 200, Scottsdale, AZ 85255
Respondent
Blackstone at Vistancia Community Association
Stewart F. Salwin, Esq.
Lydia A. Peirce Linsmeier, Esq.
Carpenter, Hazlewood, Delgado & Bolen, PLC
stewart@carpenterhazlewood.com
Lydia.Linsmeier@carpenterhazlewood.com
1400 E. Southern Ave., Suite 400, Tempe, AZ 85282
Administrative Details
• Order Date: The order was issued on January 3, 2018.
• Transmission: The document was transmitted on January 3, 2018, by “M.Aguirre” via mail, email, or facsimile.
• Recipients of the Order:
◦ Arizona Department of Real Estate:
▪ Judy Lowe, Commissioner
▪ Additional staff: jlowe@azre.gov, LDettorre@azre.gov, AHansen@azre.gov, djones@azre.gov, DGardner@azre.gov, ncano@azre.gov
◦ Legal Counsel: All attorneys listed in the table above.
