Berry v. Diamond Resorts Management, Inc. et al
Plaintiff: Joseph Berry, Joe Berry and Sonia Berry
Defendant: Diamond Resorts International Marketing, Inc., Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts LLC, Diamond Resorts Management, Inc. and Diamond Resorts International Club, Inc.
Special Master: Honorable Judge Michael B. Chavies
Case Number: 1:2009cv22740
Filed: September 15, 2009
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: Adalberto Jordan
Referring Judge: John J O'Sullivan
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 23, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2011 Opinion or Order Filing 165 ORDER Dismissing Case With Prejudice and Closing Case; re #164 Motion. Signed by Judge Adalberto Jordan on 8/23/2011. (asl)
August 22, 2011 Filing 164 Plaintiff's MOTION re #163 Order Dismissing Case PLAINTIFFS' MOTON TO OBTAIN DISMISSAL WITH PREJUDICE by Joseph Berry, Sonia Berry. (Attachments: #1 Exhibit "A", #2 Exhibit Stipulation for Dismissal with Prejudice)(D'Alemberte, Gabrielle)
August 17, 2011 Opinion or Order Filing 163 ORDER DISMISSING CASE Without Prejudice and Closing Case. Signed by Judge Adalberto Jordan on 8/17/2011. (asl)
July 20, 2011 Opinion or Order Filing 162 ORDER. Notice of Voluntary dismissal due 8/8/11. Signed by Judge Adalberto Jordan on 7/20/2011. (asl)
July 18, 2011 Filing 161 NOTICE of Settlement by Joseph Berry, Sonia Berry (D'Alemberte, Gabrielle)
June 15, 2011 Filing 160 NOTICE by Diamond Resorts Management, Inc. of Cancellation of Hearing (Oldershaw, Robert)
June 13, 2011 Filing 159 NOTICE of Hearing by ATTORNEY re: DISCOVERY HEARING set for 2:00 p.m. on 6/28/2011, before Magistrate Judge John J. O'Sullivan (Oldershaw, Robert)
June 13, 2011 Set Hearings Discovery Hearing set for 6/28/2011 02:00 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (tp)
June 9, 2011 Filing 158 NOTICE OF UNAVAILABILITY by Joseph Berry, Sonia Berry for dates of July 9, 2011 - July 20, 2011 (D'Alemberte, Gabrielle)
June 7, 2011 Filing 157 NOTICE by Joseph Berry, Sonia Berry re #153 Order on Motion for Order to Show Cause, Order on Motion for Extension of Time to File Response/Reply,, #156 Response in Opposition to Motion, PLAINTIFFS' NOTICE OF PROVIDING ALL DISCOVERY ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION AS REQUIRED BY JUNE 6, 2011 BY COURT ORDER [DE 153] AND IN OPPOSITION TO DEFENDANT, JHJM NEVADA 1, LLC's (formerly known as DIAMOND RESORTS, LLC) RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION (Attachments: #1 Exhibit "A" - "E")(D'Alemberte, Gabrielle)
June 6, 2011 Filing 156 RESPONSE in Opposition re #155 Plaintiff's MOTION for Extension of Time to File Response/Reply as to #153 Order on Motion for Order to Show Cause, Order on Motion for Extension of Time to File Response/Reply, filed by Diamond Resorts LLC. (Oldershaw, Robert) Modified on 6/7/2011 (tp).
June 3, 2011 Filing 155 Plaintiff's MOTION for Extension of Time to File Response/Reply as to #153 Order on Motion for Order to Show Cause, Order on Motion for Extension of Time to File Response/Reply,, PLAINTIFFS' AMENDED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT, DIAMOND RESORT, LLC'S MOTION TO DISMISS by Joseph Berry, Sonia Berry. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Amended Motion for Extension of Time to Respond to Defendant, Diamond Resorts, LLC's Motion to Dismiss)(D'Alemberte, Gabrielle)
June 3, 2011 Opinion or Order Filing 154 ORDER granting #151 Motion for Hearing. Signed by Magistrate Judge John J. O'Sullivan on 6/3/2011. (tro)
June 3, 2011 Opinion or Order Filing 153 ORDER on informal discovery conference and granting in part and denying in part #149 Motion for Order to Show Cause ; denying #149 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge John J. O'Sullivan on 6/3/2011. (tro)
June 2, 2011 Filing 152 Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 6/2/2011. (Digital 14:30:09.) (cg1)
May 31, 2011 Filing 151 Plaintiff's MOTION for Hearing re #149 Motion for Rule to Show Cause MOTION for Extension of Time to File Response to Motion to Dismiss REQUEST FOR ORAL ARGUMENT/HEARING ON PLAINTIFFS' MOTION ON RULE TO SHOW CAUSE AGAINST ART + (PLUS) RESEARCH, TO PRODUCE THE DUCES TECUM DOCUMENTS THAT THE COURT HAS PREVIOUSLY RULED ON AND FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S DIAMOND RESORT, LLC'S MOTION TO DISMISS by Joseph Berry, Sonia Berry. (D'Alemberte, Gabrielle)
May 26, 2011 Set Hearings per DE #150 Discovery Hearing set for 6/2/2011 02:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (tp)
May 26, 2011 Filing 150 NOTICE of Hearing by ATTORNEY re: DISCOVERY HEARING set for 2:30 p.m. on 06/02/2011, before Magistrate Judge John J. O'Sullivan (Attachments: #1 Exhibit Interrg's JB, #2 Exhibit Interrg's SB, #3 Exhibit RFP JB, #4 Exhibit RFP SB, #5 Exhibit NOD J.B. 5-18-11, #6 Exhibit NOD S.B. 5-19-11)(Oldershaw, Robert)
May 25, 2011 Filing 149 Plaintiff's MOTION on Rule to Show Cause Against Art+ (Plus) Research, to Produce the Duces Tecum Documents That the Court Has Previously Ruled on and for Extension of Time to File Response/Reply as to #143 Order on Motion for Miscellaneous Relief, Order on Motion to Appoint Expert by Joseph Berry, Sonia Berry. (Attachments: #1 Exhibit ''A", #2 Exhibit "B", #3 Exhibit "C")(D'Alemberte, Gabrielle) Modified relief and added relief on 5/26/2011 (tp). Added MOTION for Extension of Time to File Response/Reply on 5/26/2011 (tp).
May 12, 2011 Filing 148 NOTICE of Hearing by ATTORNEY re: Discovery Hearing set for 2:30 p.m. on 06/02/2011, before Magistrate Judge John J. O'Sullivan (Attachments: #1 Exhibit JB Interrg's, #2 Exhibit JB RFP, #3 Exhibit SB Interrg's, #4 Exhibit SB RFP)(Oldershaw, Robert)
May 12, 2011 Set Hearings per DE #148 Discovery Hearing set for 6/2/2011 02:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (tp)
May 9, 2011 Filing 147 TRANSCRIPT of Telephone Status Conference held on 03/01/2011 before Magistrate Judge Chris M. McAliley, 1-21 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2011. Redacted Transcript Deadline set for 6/13/2011. Release of Transcript Restriction set for 8/11/2011. (Attachments: #1 Designation Access Form)(amb)
May 6, 2011 Filing 146 NOTICE by Joseph Berry, Sonia Berry Notice of Filing (Attachments: #1 Exhibit Affidavit of Nonappearance, #2 Exhibit Amended Affidavit of Service)(D'Alemberte, Gabrielle)
May 5, 2011 Filing 145 TRANSCRIPT of Motion Hearing held on 04/25/2011 before Magistrate Judge John J. O'Sullivan, 1-64 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2011. Redacted Transcript Deadline set for 6/9/2011. Release of Transcript Restriction set for 8/8/2011. (Attachments: #1 Designation Access Form)(amb)
April 29, 2011 Filing 144 NOTICE by Joseph Berry, Sonia Berry of Filing (Attachments: #1 Exhibit)(D'Alemberte, Gabrielle)
April 25, 2011 Opinion or Order Filing 143 ORDER denying as moot #134 Motion appoint Special Master; granting #139 Motion to Appoint Special Master. Signed by Magistrate Judge John J. O'Sullivan on 4/25/2011. (mkr)
April 25, 2011 Filing 142 Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Motion Hearing held on 4/25/2011 re #134 Plaintiff's MOTION Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to CompelPlaintiff's MOTION Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to Compel filed by Sonia Berry, Joseph Berry, #139 Renewed Motion to Appoint Expert/Special Master for the Deposition of Elizabeth Brennan filed by Sonia Berry, Joseph Berry. (Digital 10 04 20 -10 59 02 & 11 16 23 - 11 19 43 & 11 27 44 - 11 37 48.) (pf)
April 25, 2011 Set/Reset Deadlines as to #22 Defendants' Motion to Dismiss the Amended Complaint. Responses due by 5/18/2011 Replies due by 5/27/2011. (mkr)
April 20, 2011 Opinion or Order Filing 141 ORDER Setting Hearing on Motion #139 Renewed Motion to Appoint Expert/Special Master for the Deposition of Elizabeth Brennan, #134 Plaintiff's MOTION Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to CompelPlaintiff's MOTION Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to Compel : Motion Hearing set for 4/25/2011 10:00 AM in Miami Division before Magistrate Judge John J. O'Sullivan.. Signed by Magistrate Judge John J. O'Sullivan on 4/20/2011. (mkr)
April 19, 2011 Filing 140 Clerks Notice to Filer re #139 Renewed MOTION Plaintiffs' Renewed Motion Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to Compel, #136 Response in Opposition to Motion, #134 Plaintiff's MOTION Requesting AppoinRenewed MOTION Plaintiffs' Renewed Motion Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to Compel, #136 Response in Opposition to Motion, #134 Plaintiff's MOTION Requesting AppoinRenewed MOTION Plaintiffs' Renewed Motion Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to Compel, #136 Response in Opposition to Motion, #134 Plaintiff's MOTION Requesting AppoinRenewed MOTION Plaintiffs' Renewed Motion Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to Compel, #136 Response in Opposition to Motion, #134 Plaintiff's MOTION Requesting Appoin. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
April 19, 2011 Filing 139 Renewed MOTION to Appoint Expert/Special Master for the Deposition of Elizabeth Brennan by Joseph Berry, Sonia Berry. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Text of Proposed Order)(D'Alemberte, Gabrielle) Modified Relief/Links on 4/19/2011 (ls).
April 15, 2011 Filing 138 CLERK'S NOTICE of filing DIscovery Procedures for Magistrate Judge O'Sullivan. (vp)
April 15, 2011 Filing 137 NOTICE by Joseph Berry, Sonia Berry re #134 Plaintiff's MOTION Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to CompelPlaintiff's MOTION Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to Compel of Filing Deposition Transcript of Elizabeth Brennan (Attachments: #1 Exhibit Deposition Transcript of Elizabeth Brennan)(D'Alemberte, Gabrielle)
April 8, 2011 Filing 136 RESPONSE in Opposition re #134 Plaintiff's MOTION Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan filed by Diamond Resorts LLC. (Oldershaw, Robert) Modified on 4/11/2011 (tp).
April 8, 2011 Filing 135 NOTICE of Mediator Selection: Michael B. Chavies selected.(Oldershaw, Robert)
April 7, 2011 Filing 134 Plaintiff's MOTION Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan re #129 Order on Motion to Compel by Joseph Berry, Sonia Berry. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion Requesting Appointment of a Special Master for the Deposition of Elizabeth Brennan)(D'Alemberte, Gabrielle)
April 6, 2011 Opinion or Order Filing 132 ORDER Granting Motion for Enlargement of Time to Comply with Court Order D.E. #121 ; re #131 Motion for Extension of Time. Signed by Judge Adalberto Jordan on 4/5/2011. (asl)
April 1, 2011 Filing 133 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge John J. O'Sullivan. Magistrate Judge Chris M. McAliley no longer assigned to case. (dm)
April 1, 2011 Filing 131 Defendant's MOTION for Extension of Time to Select a Mediator and Comply with Court Order [D.E. 121] by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts Management, Inc.. Responses due by 4/18/2011 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Enlargement of Time to Select Mediator and comply with Court Order [D.E. 121])(Oldershaw, Robert)
March 29, 2011 Opinion or Order Filing 130 ORDER Granting Defendants Motion for Enlargement of Time to Respond to Plaintiffs Insurance Interrogatories; re #127 Motion for Extension of Time to Complete Discovery. Responses due 4/4/11. Signed by Judge Adalberto Jordan on 3/29/2011. (asl)
March 29, 2011 Opinion or Order Filing 129 ORDER granting in part and denying in part #123 Motion to Compel. Signed by Magistrate Judge Chris M. McAliley on 3/28/2011. (rms)
March 28, 2011 Opinion or Order Filing 128 PAPERLESS ORDER denying as moot #115 Motion for Hearing. Signed by Magistrate Judge Chris M. McAliley on 3/28/2011. (rms)
March 25, 2011 Filing 127 Defendant's MOTION for Extension of Time to Complete Discovery and to respond to Plaintiffs' "Insurance" Interrogatories by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts Management, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Enlargement of Time)(Oldershaw, Robert)
March 25, 2011 Opinion or Order Filing 126 NOTICE by Joseph Berry, Sonia Berry re #121 Scheduling Order, Order Referring Case to Mediation, Order Referring Case to Magistrate Judge,,,,,, Plaintiffs' Notice of Consent to Trial and Final Disposition by Magistrate Judge McAliley (D'Alemberte, Gabrielle)
March 22, 2011 Filing 125 NOTICE by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts Management, Inc. re #121 Scheduling Order, Order Referring Case to Mediation, Order Referring Case to Magistrate Judge,,,,,, Notice of No-Consent to Trial and Final Disposition by Magistrate (Oldershaw, Robert)
March 11, 2011 Filing 124 RESPONSE in Opposition re #123 Plaintiff's MOTION to Compel Depositions, Better Answers to Interrogatories and Request for Production Diamond Resorts, LLC Response in Opposition to Plaintiffs' Motion to Compel filed by Diamond Resorts LLC. (Oldershaw, Robert)
March 4, 2011 Filing 123 Plaintiff's MOTION to Compel Depositions, Better Answers to Interrogatories and Request for Production by Joseph Berry, Sonia Berry. Responses due by 3/21/2011 (Attachments: #1 Exhibit A, #2 Exhibit B)(D'Alemberte, Gabrielle)
March 2, 2011 Filing 122 DISCOVERY Procedure for Magistrate Judge Chris M. McAliley. Signed by Judge Adalberto Jordan on 3/2/2011. (asl)
March 2, 2011 Opinion or Order Filing 121 ORDER Setting Schedule, Requiring Mediation, and Referring Certain Motions to Magistrate Judge ( Jury Trial set for 12/19/2011 before Judge Adalberto Jordan., Calendar Call set for 12/13/2011 before Judge Adalberto Jordan., Amended Pleadings due by 4/22/2011., Discovery due by 8/24/2011., Expert Discovery due by 8/24/2011., Joinder of Parties due by 4/22/2011., Pretrial Stipulation due by 11/25/2011.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 9/23/2011.), ORDER REFERRING CASE to Magistrate Judge Chris McAliley for discovery. Signed by Judge Adalberto Jordan on 3/2/2011. (asl)
March 1, 2011 Opinion or Order Filing 120 Order Following Status Conference. Signed by Magistrate Judge Chris M. McAliley on 3/1/2011. (rms)
March 1, 2011 Filing 119 Minute Entry for proceedings held before Magistrate Judge Chris M. McAliley: Status Conference held on 3/1/2011. (Digital 14:00:49.) (Tape #11H-16-1546.) (nf)
February 28, 2011 Opinion or Order Filing 118 ORDER on Pending Motions; denying #94 Motion for Contempt; denying as moot #97 Motion for Extension of Time to Complete Discovery. Signed by Judge Adalberto Jordan on 2/28/2011. (asl)
February 28, 2011 Opinion or Order Filing 117 PAPERLESS ORDER SETTING TELEPHONIC STATUS CONFERENCE. This Order is in response to Plaintiffs Request for Oral Argument/Hearing on Defendants Failure to Provide Discovery, which they filed on February 7, 2011. [DE 115]. Plaintiffs ask for a hearing regarding discovery problems, but no discovery motion is pending, and in their Request Plaintiffs have not identified the discovery issues they want to discuss with the Court. Thus, the Court is not prepared to hold a discovery conference at this time. This Court will, however, hold a brief telephonic status conference tomorrow, March 1, 2011, at 2:00 p.m., so that the parties can inform the Court as to the nature of the pending discovery dispute, at which time the Court may set a schedule for the parties to brief the issues. The parties shall arrange for a conference call, and inform chambers no later than 10:00 a.m. tomorrow of a conference call number that the Court can call in to, for the 2:00 p.m. status conference. Signed by Magistrate Judge Chris M. McAliley on 2/28/2011. (rms)
February 22, 2011 Filing 116 RESPONSE in Opposition re #115 Plaintiff's MOTION for Hearing re #114 Order, Set Motion and R&R Deadlines/Hearings Request for Oral Argument/Hearing on Defendant's Failure to Provide Discovery filed by Diamond Resorts LLC. (Attachments: #1 Exhibit Diamond Resorts, LLC's Deposition Testimony of Elizabeth Brennan, #2 Exhibit Diamond Resorts, LLC's Amended Answers to Interrogatories, #3 Exhibit Diamond Resorts, LLC's Amended Response to Request for Production, #4 Exhibit Diamond Resorts, LLC's Amended Response to Request for Rule 30(b)(6) Depositions)(Oldershaw, Robert) Modified on 2/23/2011 (tp).
February 7, 2011 Filing 115 Plaintiff's MOTION for Hearing re #114 Order, Set Motion and R&R Deadlines/Hearings REQUEST FOR ORAL ARGUMENT/HEARING ON DEFENDANT'S FAILURE TO PROVIDE DISCOVERY by Joseph Berry, Sonia Berry. (D'Alemberte, Gabrielle)
February 3, 2011 Opinion or Order Filing 114 ORDER Setting Briefing Schedule on Defendant's Motion to Dismiss for Lack of Personal Jurisdiction D.E. #22 ( Responses due by 3/4/2011, Replies due by 3/14/2011). Signed by Judge Adalberto Jordan on 2/3/2011. (asl)
February 3, 2011 Filing 113 Diamond Resorts International, LLC's ANSWER and Affirmative Defenses to Complaint Amended Complaint [D.E. 19] by Diamond Resorts International, LLC.(Oldershaw, Robert)
February 3, 2011 Filing 112 Diamond Resorts Holdings, LLC's ANSWER and Affirmative Defenses to Complaint Amended Complaint [D.E. 19] by Diamond Resorts Holdings LLC.(Oldershaw, Robert)
February 3, 2011 Filing 111 Diamond Resorts Corporation's ANSWER and Affirmative Defenses to Complaint Amended Complaint [D.E. 19] by Diamond Resorts Corporation.(Oldershaw, Robert)
February 3, 2011 Filing 110 NOTICE by Diamond Resorts International, LLC of the Withdrawal Of Its Pending Motion To Dismiss On Jurisdictional Grounds And Notice Of Consent To Jurisdiction For This Case Only (Oldershaw, Robert)
January 31, 2011 Filing 109 NOTICE by Joseph Berry, Sonia Berry re #104 Order on Motion for Miscellaneous Relief Plaintiffs' Proposed Briefing Schedule Pursuant to Court Order [DE 104] (Attachments: #1 Text of Proposed Order Scheduling Order)(D'Alemberte, Gabrielle)
January 29, 2011 Filing 108 NOTICE by Diamond Resorts International, LLC, Diamond Resorts LLC re #104 Order on Motion for Miscellaneous Relief, #80 Order, #107 Order on Motion for Extension of Time to File Notice of Defendants' Compliance with the Court's Order for filing a proposed briefing schedule on Defendants' Motion to Dismiss for Lack of Personal Jurisdiction (Attachments: #1 Text of Proposed Order Proposed Order Setting Briefing Schedule on Defendants' Motion to Dismiss Amended Complaint for Lack of Personal Jurisdiction)(Oldershaw, Robert)
January 26, 2011 Opinion or Order Filing 107 ORDER Granting Parties Joint Motion for Enlargement of Time to File Proposed Briefing Schedule; re #106 Motion for Extension of Time to File. Joint Scheduling Report due 1/28/11. Signed by Judge Adalberto Jordan on 1/26/2011. (asl)
January 25, 2011 Filing 106 Joint MOTION for Extension of Time to File Proposed Briefing Schedule on Defendants' Motion to Dismiss for Lack of Personal Jurisdiction by Joseph Berry, Sonia Berry, Diamond Resorts International, LLC, Diamond Resorts LLC. (Attachments: #1 Text of Proposed Order Proposed Order on Joint Motion for Enlargement of Time)(Oldershaw, Robert)
January 21, 2011 Filing 105 RESPONSE to Motion re #94 Plaintiff's MOTION for Contempt Against Defendants for Failure to Provide Discovery Pursuant to Court Order and Deadines Imposed by the Court , Response in Opposition filed by Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC. Replies due by 1/31/2011. (Attachments: #1 Exhibit Group Exhibit in Opposition to Motion for Contempt)(Oldershaw, Robert)
January 20, 2011 Opinion or Order Filing 104 ORDER Granting Motion for Extension of Time; re #93 Motion. Signed by Judge Adalberto Jordan on 1/20/2011. (asl)
January 13, 2011 Filing 103 RESPONSE in Support re #93 Plaintiff's MOTION to Be Excused From Court's Deadline to File a Proposed Briefing Schedule Pursuant to Court's Order #80 Order, #92 Order filed by Diamond Resorts International, LLC, Diamond Resorts LLC. (Oldershaw, Robert) Modified text 14/2011 (tp).
January 7, 2011 Filing 102 NOTICE by Diamond Resorts International, LLC, Diamond Resorts LLC Notice of Defendants, Diamond Resorts, LLC and Diamond Resorts International, LLC's Amended Answers to Interrogatories, Amended Response to Jurisdictional Request for Production, and Amended Response to Jurisdictional Request for Rule 30(b)(6) Depositions (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Oldershaw, Robert)
January 7, 2011 Filing 101 NOTICE by Joseph Berry, Sonia Berry re #80 Order, #92 Order, #94 Plaintiff's MOTION for Contempt Against Defendants for Failure to Provide Discovery Pursuant to Court Order and Deadines Imposed by the Court PLAINTIFFS' NOTICE OF FILING DEFENDANTS' LIST OF WITNESSES OF RULE 30(b)(6) DEPOSITIONS IN VIOLATION OF COURT ORDERS [DE 80] AND [DE 92] (Attachments: #1 Exhibit Defendants, Diamond Resorts Holdings, LLC, Diamond Resorts, LLC, and Diamond Resorts International, LLC Response to Plaintiffs' Jurisdictional Request for Rule 30(b)(6) Depositions)(D'Alemberte, Gabrielle)
January 7, 2011 Filing 100 NOTICE by Joseph Berry, Sonia Berry re #80 Order, #70 Order on Motion to Compel, #92 Order, #94 Plaintiff's MOTION for Contempt Against Defendants for Failure to Provide Discovery Pursuant to Court Order and Deadines Imposed by the Court PLAINTIFFS' NOTICE OF FILING DEFENDANTS' RESPONSE TO REQUEST FOR PRODUCTION IN VIOLATION OF RULINGS BY THIS COURT AS SUMMARIZED IN ORDERS [DE 70], [DE 80] AND [DE 92] (Attachments: #1 Exhibit Defendants' Diamond Resorts Holdings, LLC, Diamond Resorts, LLC and Diamond Resorts International, LLC Response to Plaintiffs' Jurisdictional Request for Production)(D'Alemberte, Gabrielle)
January 7, 2011 Filing 99 NOTICE by Joseph Berry, Sonia Berry re #80 Order, #70 Order on Motion to Compel, #92 Order, #94 Plaintiff's MOTION for Contempt Against Defendants for Failure to Provide Discovery Pursuant to Court Order and Deadines Imposed by the Court PLAINTIFFS' NOTICE OF FILING DEFENDANTS' ANSWERS TO INTERROGATORIES IN VIOLATION OF RULINGS BY THIS COURT AS SUMMARIZED IN ORDERS [DE 70], [DE 80] AND [DE 92] (Attachments: #1 Exhibit Defendants' Diamond Resorts Holdings, LLC, Diamond Resorts, LLC, and Diamond Resorts International, LLC, Notice of Serving Answers to Plaintiffs' Interrogatories)(D'Alemberte, Gabrielle)
January 6, 2011 Filing 98 NOTICE by Diamond Resorts Holdings LLC Withdrawal of its Pending Motion to Dismiss on Jurisdictional Grounds and Notice of Consent to Jurisdiction for this Case only (Oldershaw, Robert)
January 5, 2011 Filing 97 Defendant's MOTION for Extension of Time to Complete Discovery and serve Jurisdictional Discovery Responses Nunc Pro Tunc by Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC. (Attachments: #1 Exhibit Proposed Order Granting Defendants' Motion for Extension of Time Nunc Pro Tunc)(Oldershaw, Robert)
January 4, 2011 Filing 96 NOTICE by Diamond Resorts Corporation of Withdrawal of its Pending Motion to Dismiss on Jurisdictional Grounds and Notice of Consent to Jurisdiction for this Case only (Miller, Jennifer)
January 4, 2011 Filing 95 NOTICE by Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC of Serving their Response to Plaintiffs' Jurisdictional Request for Production, Response to Plaintiffs' Jurisdictional Request for Rule 30(B)(6) Depositions and Notice of Serving Answers to Plaintiffs' Interrogatories (Miller, Jennifer)
January 4, 2011 Filing 94 Plaintiff's MOTION for Contempt Against Defendants for Failure to Provide Discovery Pursuant to Court Order and Deadines Imposed by the Court by Joseph Berry, Sonia Berry. Responses due by 1/21/2011 (Attachments: #1 Plaintiffs' Request for Oral Argument/Hearing on Plaintiffs' Motion for Contempt)(D'Alemberte, Gabrielle)
December 30, 2010 Filing 93 Plaintiff's MOTION TO BE EXCUSED FROM COURT'S DEADLINE TO FILE A PROPOSED BRIEFING SCHEDULE PURSUANT TO COURT'S ORDER DATED DEC. 7, 2010 re #80 Order, #92 Order by Joseph Berry, Sonia Berry. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion to be Excused from Court's Deadline to File a Proposed Briefing Schedule Pursuant to Court's Order Dated December 7, 2010)(D'Alemberte, Gabrielle)
December 7, 2010 Opinion or Order Filing 92 ORDER on Notice of Objections. Signed by Judge Adalberto Jordan on 12/7/2010. (mr1)
November 2, 2010 Opinion or Order Filing 91 ORDER re #81 Motion to Stay. Signed by Judge Adalberto Jordan on 11/2/2010. (ebs)
October 29, 2010 Filing 90 NOTICE by Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC re #83 Notice (Other), Notice (Other), #88 Response/Reply (Other) Contesting Defendants' Reply to Plaintiffs' Response to Contesting Defendants' Notice of Objections to the Court's Order Following Joint Status Report [D.E. 80] (Oldershaw, Robert)
October 29, 2010 Filing 89 REPLY to Response to Motion re #81 Defendant's MOTION to Stay re #80 Order Following Joint Status ReportDefendant's MOTION for Extension of Time to File and alternatilvey Comply with deadlines in Order Following Joint Status Report [D.E. 80]Defendant's MOTION to Stay re #80 Order Following Joint Status ReportDefendant's MOTION for Extension of Time to File and alternatilvey Comply with deadlines in Order Following Joint Status Report [D.E. 80]Defendant's MOTION to Stay re #80 Order Following Joint Status ReportDefendant's MOTION for Extension of Time to File and alternatilvey Comply with deadlines in Order Following Joint Status Report [D.E. 80] filed by Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC. (Oldershaw, Robert)
October 19, 2010 Filing 88 RESPONSE/REPLY to #83 Notice (Other), Notice (Other) PLAINTIFFS' RESPONSE TO DEFENDANTS' OBJECTIONS TO THE COURT'S ORDER FOLLOWING JOINT STATUS REPORT [D.E.80] by Joseph Berry, Sonia Berry. (D'Alemberte, Gabrielle)
October 18, 2010 Opinion or Order Filing 87 PAPERLESS ORDER granting #85 Motion to be excused from court deadline for proposed briefing schedule. Signed by Magistrate Judge Chris M. McAliley on 10/18/2010. (rms)
October 18, 2010 Filing 86 RESPONSE to Motion re #81 Defendant's MOTION to Stay re #80 Order Following Joint Status ReportDefendant's MOTION for Extension of Time to File and alternatilvey Comply with deadlines in Order Following Joint Status Report [D.E. 80]Defendant's MOTION to Stay re #80 Order Following Joint Status ReportDefendant's MOTION for Extension of Time to File and alternatilvey Comply with deadlines in Order Following Joint Status Report [D.E. 80]Defendant's MOTION to Stay re #80 Order Following Joint Status ReportDefendant's MOTION for Extension of Time to File and alternatilvey Comply with deadlines in Order Following Joint Status Report [D.E. 80] filed by Joseph Berry, Sonia Berry. Replies due by 10/28/2010. (D'Alemberte, Gabrielle)
October 12, 2010 Filing 85 Plaintiff's MOTION TO BE EXCUSED FROM COURT'S DEADLINE TO FILE A PROPOSED BRIEFING SCHEDULE PURSUANT TO COURT'S ORDER DATED SEPTEMBER 20, 2010 re #80 Order by Joseph Berry, Sonia Berry. (D'Alemberte, Gabrielle)
October 4, 2010 Opinion or Order Filing 84 ORDER granting in part and denying in part #75 Motion to Strike. Signed by Judge Adalberto Jordan on 10/4/2010. (tb)
October 4, 2010 Filing 83 NOTICE by Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC re #80 Order Defenants' Notice of Objections to the Court's Order [D.E. 80], pursuant to Fed.R.Civ.P. 72(a) (Attachments: #1 Exhibit Declaration of Elizabeth Brennan)(Oldershaw, Robert)
October 1, 2010 Opinion or Order Filing 82 ORDER granting #81 Motion to Stay. Signed by Judge Adalberto Jordan on 10/1/2010. (tb)
September 27, 2010 Filing 81 Defendant's MOTION to Stay re #80 Order Following Joint Status Report ( Responses due by 10/14/2010), Defendant's MOTION for Extension of Time to File and alternatilvey Comply with deadlines in Order Following Joint Status Report [D.E. 80] by Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC. (Attachments: #1 Affidavit Declaration of Elizabeth Brennan, Esq. in support of Motion, #2 Text of Proposed Order Proposed Order on Motion to Stay)(Oldershaw, Robert)
September 20, 2010 Opinion or Order Filing 80 ORDER Following #79 Joint Status Report. See Order for details and deadlines. Signed by Magistrate Judge Chris M. McAliley on 9/20/2010. (rms)
August 16, 2010 Filing 79 STATUS REPORT Joint by Joseph Berry, Sonia Berry, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC (Attachments: #1 Exhibit Plaintiffs Legal Authority, #2 Exhibit Defendants Response to Jurisdictional Request for Rule 26(b)(1) depositions, #3 Exhibit Defendants Response to Jurisdictional Request to Produce, #4 Exhibit Defendants Answers to Jurisdictional Interrogatories)(Oldershaw, Robert) Modified on 8/17/2010 (ls).
August 12, 2010 Filing 78 RESPONSE to Motion re #75 Plaintiff's MOTION to Strike #63 Answer to Complaint, (Affirmative Defenses) filed by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts Management, Inc.. Replies due by 8/23/2010. (Oldershaw, Robert)
August 2, 2010 Filing 77 TRANSCRIPT of Discovery Conference Hearing and Defendant's Motion To Compel Discovery held on 07/07/2010 before Magistrate Judge Chris M. McAliley, 1-55 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/3/2010. (Attachments: #1 Designation Access Form)(amb)
July 28, 2010 Filing 76 NOTICE by Joseph Berry, Sonia Berry re #75 Plaintiff's MOTION to Strike #63 Answer to Complaint, (Affirmative Defenses) NOTICE OF FILING CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(A)(3) (D'Alemberte, Gabrielle)
July 26, 2010 Filing 75 Plaintiff's MOTION to Strike #63 Answer to Complaint, (Affirmative Defenses) by Joseph Berry, Sonia Berry. Responses due by 8/12/2010 (D'Alemberte, Gabrielle)
July 20, 2010 Filing 74 NOTICE OF UNAVAILABILITY by Joseph Berry, Sonia Berry for dates of July 30, 2010 through August 9, 2010 (D'Alemberte, Gabrielle)
July 19, 2010 Opinion or Order Filing 73 AGREED ORDER granting nunc pro tunc re #69 Motion for Extension of Time to Answer. Signed by Judge Adalberto Jordan on 7/16/2010. (ail)
July 16, 2010 Opinion or Order Filing 72 ORDER granting in part #71 Motion for Extension of Time. See Order for details. Signed by Magistrate Judge Chris M. McAliley on 7/16/2010. (rms)
July 15, 2010 Filing 71 Defendant's MOTION for Extension of Time to File Response/Reply as to #70 Order on Motion to Compel and Compliance with Court Order by Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC. (Attachments: #1 Exhibit Berrys' List of Rule 26(b)(1) Witnesses and Areas of Inquiry, #2 Exhibit Berrys' "Revised" Jurisdictional Interrogatories, #3 Exhibit Berrys' "Revised" Jurisdictional Requests for Production, #4 Text of Proposed Order Proposed Order on Motion to Extend Time for Complaince)(Oldershaw, Robert)
July 13, 2010 Opinion or Order Filing 70 Order Following Discovery Hearing. Signed by Magistrate Judge Chris M. McAliley on 7/13/2010. (rms)
July 9, 2010 Filing 69 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re #19 Amended Complaint Nunc Pro Tunc by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts Management, Inc.. (Attachments: #1 Text of Proposed Order "Exhibit 1")(Miller, Jennifer)
July 7, 2010 Filing 68 Minute Entry for proceedings held before Magistrate Judge Chris M. McAliley: Discovery Hearing held on 7/7/2010, Motion Hearing held on 7/7/2010 re #58 Defendant's MOTION to Compel Answers to Jurisdictional Interrogatories and Response to Jurisdictional Request for Documents filed by Diamond Resorts International Club, Inc., Diamond Resorts Management, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts Corporation, Diamond Resorts LLC, Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC. (Digital 15:35:42.) (Tape #10H-58-821 & 59-1.) (nf)
July 6, 2010 Filing 67 RESPONSE in Opposition re #58 Defendant's MOTION to Compel Answers to Jurisdictional Interrogatories and Response to Jurisdictional Request for Documents filed by Joseph Berry, Sonia Berry. (D'Alemberte, Gabrielle)
July 6, 2010 Filing 66 NOTICE by Joseph Berry, Sonia Berry Filing of Defendants' Discovery Responses (Attachments: #1 Exhibit 1, #2 Exhibit 2)(D'Alemberte, Gabrielle)
July 5, 2010 Filing 65 TRANSCRIPT of Status Conference held on 6-18-10 before Judge Adalberto Jordan, 1-26 pages, Court Reporter: Francine Salopek, 305-523-5568/Francine_Salopek@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/29/2010. Redacted Transcript Deadline set for 8/9/2010. Release of Transcript Restriction set for 10/6/2010. (fs)
July 3, 2010 Filing 64 SCHEDULING REPORT - Rule 16.1 by Joseph Berry, Sonia Berry, Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc. (Attachments: #1 Exhibit Proposed Joint Scheduling Order)(Oldershaw, Robert)
July 3, 2010 Filing 63 ANSWER and Affirmative Defenses to Complaint Amended Complaint by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts Management, Inc..(Oldershaw, Robert) Modified on 7/7/2010 (ls).
July 2, 2010 Filing 62 NOTICE of Attorney Appearance by Joel Stephen Perwin on behalf of Joseph Berry, Sonia Berry (Perwin, Joel) Modified on 7/7/2010 (ls). [Filers modified by Clerk]
June 30, 2010 Opinion or Order Filing 61 ORDER Setting Discovery Conference on Motion #58 Defendant's MOTION to Compel Answers to Jurisdictional Interrogatories and Response to Jurisdictional Request for Documents. Conference set for 7/7/2010 at 3:30 PM before Magistrate Judge Chris M. McAliley. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Chris M. McAliley on 6/30/2010. (rms)
June 29, 2010 Opinion or Order Filing 60 ORDER REFERRING CERTAIN MOTIONS To Magistrate Judge Chris M. McAliley. Signed by Judge Adalberto Jordan on 6/29/2010. (ail)
June 29, 2010 Filing 59 Discovery Procedure for Magistrate Judge Chris McAliley. Signed by Judge Adalberto Jordan on 6/29/2010. (ail)
June 26, 2010 Filing 58 Defendant's MOTION to Compel Answers to Jurisdictional Interrogatories and Response to Jurisdictional Request for Documents by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc.. Responses due by 7/13/2010 (Attachments: #1 Exhibit Plaintiffs' Response to Defendants' First Set of Jurisdictional Request for Production, #2 Exhibit Plaintiffs' Notice of Serving Answers to Defendants' First Set of Jurisdictional Interrogatories, #3 Exhibit Plaintiffs' Privilege Log in response to Defendants' Jurisdictional Request for Production and Interrogatories)(Oldershaw, Robert)
June 25, 2010 Opinion or Order Filing 57 ORDER Setting Scheduling Conference for 7/7/2010 at 03:30 PM before Magistrate Judge Chris M. McAliley. Signed by Magistrate Judge Chris M. McAliley on 6/25/2010. (rms) Modified on 6/28/2010 to reflect correct signature date (bb).
June 24, 2010 Filing 55 NOTICE OF UNAVAILABILITY by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc. for dates of July 1, 2010 - July 11, 2010 (Miller, Jennifer)
June 23, 2010 Opinion or Order Filing 56 ORDER denying as moot #22 Motion to Dismiss. Signed by Judge Adalberto Jordan on 6/23/2010. (ail)
June 22, 2010 Opinion or Order Filing 54 ORDER re #22 Defendant's MOTION to Dismiss #19 Amended ComplaintDefendant's MOTION to Dismiss #19 Amended ComplaintDefendant's MOTION to Dismiss #19 Amended Complaint filed by Diamond Resorts International Club, Inc., Diamond Resorts Management, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts Corporation, Diamond Resorts LLC, Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC. Signed by Judge Adalberto Jordan on 6/22/2010. (ail)
June 18, 2010 Filing 53 Minute Entry for proceedings held before Judge Adalberto Jordan: Status Conference held on 6/18/2010. Court Reporter: Francine Salopek, 305-523-5568 / Francine_Salopek@flsd.uscourts.gov (mc1)
June 11, 2010 Opinion or Order Filing 52 ORDER granting #47 Motion Requesting Hearing and/or Status Conference. Signed by Judge Adalberto Jordan on 6/11/2010. (ail)
June 11, 2010 Set/Reset Hearings Status Conference set for 6/18/2010 01:00 PM in Miami Division before Judge Adalberto Jordan. SEE DE #52 (ail)
June 9, 2010 Filing 51 Clerks Notice to Filer re #49 Notice (Other), Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#50]. It is not necessary to refile this document. (ls)
June 7, 2010 Filing 50 Notice of Filing CERTIFICATE of Counsel/Good Faith re #48 Response in Opposition to Motion,, by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc. (ls)(See Image at DE #49 )
June 7, 2010 Filing 49 NOTICE by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc. re #48 Response in Opposition to Motion,, Certificate of Good Faith in Support of (Harney, Niva)
June 3, 2010 Filing 48 RESPONSE in Opposition re #47 Plaintiff's MOTION re #35 Order Setting Hearing on Motion, Requesting Hearing and/or Status ConferencePlaintiff's MOTION re #35 Order Setting Hearing on Motion, Requesting Hearing and/or Status Conference and Motion to Enforce the Court's Order [D.E. 43] or Alternatively Motion for Protective Order filed by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc.. (Miller, Jennifer)
May 17, 2010 Filing 47 Plaintiff's MOTION re #35 Order Setting Hearing on Motion, Requesting Hearing and/or Status Conference by Joseph Berry, Sonia Berry. (Attachments: #1 Text of Proposed Order Plaintiffs' Motion Requesting Hearing and/or Status Conference)(D'Alemberte, Gabrielle)
April 20, 2010 Filing 46 REPLY to Response to Motion re #31 MOTION for Protective Order MOTION for Sanctions filed by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc.. (Harney, Niva)
April 20, 2010 Filing 45 NOTICE by Joseph Berry, Sonia Berry of Filing (Attachments: #1 Exhibit)(D'Alemberte, Gabrielle)
April 9, 2010 Filing 44 RESPONSE to Motion re #31 MOTION for Protective Order MOTION for Sanctions and Plaintiffs' Counter-Claim for Sanctions filed by Joseph Berry, Sonia Berry. Replies due by 4/19/2010. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F", #7 Exhibit "G", #8 Exhibit "H", #9 Exhibit "I", #10 Exhibit "J")(D'Alemberte, Gabrielle)
April 7, 2010 Opinion or Order Filing 43 OMNIBUS ORDER On Pending Jurisdictional Motions. Signed by Judge Adalberto Jordan on 4/7/2010. (ail)
April 6, 2010 Filing 42 NOTICE by Joseph Berry, Sonia Berry, Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc. of Filing Proposed Omnibus Order on Pending Jurisdictional Motions (Attachments: #1 Text of Proposed Order Omnibus Order on Pending Jurisdictional Motions)(Miller, Jennifer)
March 29, 2010 Filing 41 TRANSCRIPT of Motion Hearing held on 3-24-10 before Judge Adalberto Jordan, Volume Number 2 of 2, 28-107 pages, Court Reporter: Francine Salopek, 305-523-5568 / Francine_Salopek@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2010. Redacted Transcript Deadline set for 5/3/2010. Release of Transcript Restriction set for 6/30/2010. (fs)
March 29, 2010 Filing 40 TRANSCRIPT of Motion Hearing held on 3-23-10 before Judge Adalberto Jordan, Volume Number 1 of 2, 1-27 pages, Court Reporter: Francine Salopek, 305-523-5568 / Francine_Salopek@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2010. Redacted Transcript Deadline set for 5/3/2010. Release of Transcript Restriction set for 6/30/2010. (fs)
March 29, 2010 Opinion or Order Filing 39 ORDER On Pending Motions; granting in part and denying in part as fully explained at the Motion hearing on March 24,2010 re #29 Motion to Compel; granting in part and denying in part #31 Motion for Protective Order; granting in part and denying in part #31 Motion for Sanctions; granting in part and denying in part #26 Motion for Extension of Time to File Response/Reply. Signed by Judge Adalberto Jordan on 3/29/2010. (ail)
March 24, 2010 Filing 38 Minute Entry for proceedings held before Judge Adalberto Jordan: Status Conference held on 3/24/2010. Court Reporter: Francine Salopek, 305-523-5568 / Francine_Salopek@flsd.uscourts.gov (mc1)
March 24, 2010 Filing 37 NOTICE by Joseph Berry, Sonia Berry re #29 Plaintiff's MOTION to Compel DEPOSITIONS Notice of Filing Copies of Plaintiffs' Timeline of Requested Deposition Dates and Witnesses (Attachments: #1 Exhibit Timeline)(D'Alemberte, Gabrielle)
March 24, 2010 Filing 36 NOTICE by Joseph Berry, Sonia Berry re #29 Plaintiff's MOTION to Compel DEPOSITIONS Notice of Filing Copies of Plaintiffs' FNC and Jurisdictional Discovery (Attachments: #1 Exhibit "A", #2 Exhibit "B")(D'Alemberte, Gabrielle)
March 23, 2010 Opinion or Order Filing 35 ORDER Setting Hearing on Motion #29 Plaintiff's MOTION to Compel DEPOSITIONS, #31 EMERGENCY MOTION for Protective Order MOTION for Sanctions : Motion Hearing set for 3/23/2010 01:15 PM in Miami Division before Judge Adalberto Jordan.. Signed by Judge Adalberto Jordan on 3/23/2010. (ail)
March 23, 2010 Filing 34 NOTICE by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc. of Retraction (Hamilton, Jerry)
March 23, 2010 Filing 33 Minute Entry for proceedings held before Judge Adalberto Jordan: Motion Hearing held on 3/23/2010 re #29 Plaintiff's MOTION to Compel DEPOSITIONS filed by Sonia Berry, Joseph Berry, #27 MOTION for Protective Order filed by Diamond Resorts International Club, Inc., Diamond Resorts Management, Inc., Diamond Resorts Holdings LLC, Diamond Resorts Centralized Services USA, LLC, Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts Corporation, #31 MOTION for Protective Order MOTION for Sanctions filed by Diamond Resorts International Club, Inc., Diamond Resorts Management, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts Corporation, Diamond Resorts LLC, Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC. Court set a hearing on remaining matters for 3/24/10, at 3:30 p.m. Court Reporter: Francine Salopek, 305-523-5568 / Francine_Salopek@flsd.uscourts.gov (mc1)
March 23, 2010 Filing 32 NOTICE by Joseph Berry, Sonia Berry re #31 MOTION for Protective Order MOTION for Sanctions NOTICE OF FILING AFFDIAVIT OF ELIZABETH BROWN (Attachments: #1 Affidavit of Elizabeth Brown)(D'Alemberte, Gabrielle)
March 23, 2010 Filing 31 EMERGENCY MOTION for Protective Order Regarding Plaintiffs' Notice of Taking Telephone Conference Deposition Duces Tecum of Mark Kortenover and MOTION for Sanctions by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc.. (ail)
March 22, 2010 Filing 30 Clerks Notice to Filer re #29 Plaintiff's MOTION to Compel DEPOSITIONS. Emergency Document Filed Electronically; ERROR - Emergency matters may not be filed electronically, they must be filed in the conventional paper format in the division where the judge is chambered. The Clerk contacted Chambers and corrected the docket text to indicate the document is an emergency matter. It is not necessary to refile this document but future filings must comply with the CM/ECF Administrative Procedures and Local Rules. (ail)
March 19, 2010 Filing 29 Plaintiff's MOTION to Compel DEPOSITIONS by Joseph Berry, Sonia Berry. Responses due by 4/5/2010 (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Text of Proposed Order on Plaintiffs' Emergency Motion to Compel Depositions)(D'Alemberte, Gabrielle)
March 19, 2010 Opinion or Order Filing 28 ORDER granting in part #27 Motion for Protective Order. Signed by Judge Adalberto Jordan on 3/19/10. (ch1)
March 19, 2010 Filing 27 EMERGENCY MOTION for Protective Order Regarding Plaintiff's Notice of Taking Video Taped Conference Deposition Dues Tecum of Elizabeth Brennan by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts Management, Inc.. (ail)
March 15, 2010 Filing 26 Plaintiff's MOTION for Extension of Time to File Response/Reply as to #22 Defendant's MOTION to Dismiss #19 Amended ComplaintDefendant's MOTION to Dismiss #19 Amended ComplaintDefendant's MOTION to Dismiss #19 Amended Complaint by Joseph Berry, Sonia Berry. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Text of Proposed Order Granting Plaintiffs' Motion for An Additional Extension of Time to Respond to Defendants'Motion to Dismiss)(D'Alemberte, Gabrielle)
December 15, 2009 Opinion or Order Filing 25 ORDER Granting Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss for Forum Non Conveniens; granting #23 Motion for Extension of Time to Respond re #22 Defendant's MOTION to Dismiss #19 Amended Complaint. Responses due by 3/24/2010. Signed by Judge Adalberto Jordan on 12/15/2009. (asl)
December 11, 2009 Filing 24 Clerks Notice to Filer re #23 Unopposed MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ail)
December 11, 2009 Filing 23 Unopposed MOTION for Extension of Time to File Response to #22 Defendants' Motion to Dismiss by Joseph Berry, Sonia Berry. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss)(D'Alemberte, Gabrielle) Link added on 12/14/2009 (ail).
December 7, 2009 Filing 22 Defendant's MOTION to Dismiss #19 Amended Complaint by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc.. Responses due by 12/24/2009 (Attachments: #1 Exhibit A - Declaration of Elizabeth Brennan, #2 Exhibit B - Declaration of Attorney, Mark Kortenoever)(Harney, Niva)
November 25, 2009 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time to Respond Responses due by 12/7/2009. Signed by Judge Adalberto Jordan on 11/25/2009. (tb)
November 23, 2009 Filing 20 MOTION for Extension of Time to File Response as to #19 Amended Complaint by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Harney, Niva)
November 9, 2009 Filing 19 First AMENDED COMPLAINT, filed by Joe Berry, Sonia Berry. (Attachments: #1 Exhibit "A")(D'Alemberte, Gabrielle)
November 6, 2009 Opinion or Order Filing 18 ORDER Granting Motion for Extension of Time; granting #17 Motion for Extension of Time to Answer. Diamond Resorts Centralized Services USA, LLC response due 11/9/2009; Diamond Resorts Corporation response due 11/9/2009; Diamond Resorts Holdings LLC response due 11/9/2009; Diamond Resorts International Club, Inc. response due 11/9/2009; Diamond Resorts International Marketing, Inc. response due 11/9/2009; Diamond Resorts International, LLC response due 11/9/2009; Diamond Resorts LLC response due 11/9/2009; Diamond Resorts Management, Inc. response due 11/9/2009. Signed by Judge Adalberto Jordan on 11/6/2009. (asl)
November 3, 2009 Filing 17 Second MOTION for Extension of Time to File Response as to #1 Complaint, by Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International, LLC, Diamond Resorts LLC, Diamond Resorts Management, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Defendants' Motion for Second Enlargement of Time to Respond to Plaintiffs' Complaint)(Harney, Niva)
October 26, 2009 Filing 16 SUMMONS (Affidavit) Returned Executed Diamond Resorts Corporation served on 9/24/2009, answer due 10/14/2009. (gme)
October 23, 2009 Opinion or Order Filing 15 ORDER Granting Motion for Extension of Time; granting #13 Motion for Extension of Time to Answer. Diamond Resorts Corporation response due 11/3/2009; Diamond Resorts Holdings LLC response due 11/3/2009; Diamond Resorts International, LLC response due 11/3/2009; Diamond Resorts LLC response due 11/3/2009. Signed by Judge Adalberto Jordan on 10/23/2009. (asl)
October 15, 2009 Filing 14 NOTICE of Attorney Appearance by Jennifer Quildon Miller on behalf of Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC (Miller, Jennifer)
October 14, 2009 Filing 13 Defendant's MOTION for Extension of Time to File Response as to #1 Complaint, by Diamond Resorts Corporation, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC, Diamond Resorts LLC. (Attachments: #1 Text of Proposed Order Order Granting Defendants' Motion for Enlargement of Time to Respond to Plaintiffs' Complaint)(Harney, Niva)
October 6, 2009 Opinion or Order Filing 12 ORDER OF RECUSAL. Judge Paul C. Huck recused. Case reassigned to Judge Adalberto Jordan for all further proceedings. Signed by Judge Paul C. Huck on 10/5/2009. (vjk)
October 5, 2009 Filing 11 Defendant's MOTION for Extension of Time to File Response as to #1 Complaint, by Diamond Resorts Management, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International Club, Inc., Diamond Resorts Centralized Services USA, LLC. (Attachments: #1 Exhibit A - Proof of Service, #2 Text of Proposed Order Order Granting Defendants' Motion for Enlargement of Time to Respond to Plaintiffs' Complaint)(Miller, Jennifer)
October 5, 2009 Filing 10 NOTICE of Attorney Appearance by Jennifer Quildon Miller on behalf of Diamond Resorts Management, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International Club, Inc., Diamond Resorts Centralized Services USA, LLC (Miller, Jennifer)
October 5, 2009 Filing 9 SUMMONS (Affidavit) Returned Executed Diamond Resorts LLC served on 9/23/2009, answer due 10/13/2009. (asl)
October 5, 2009 Filing 8 SUMMONS (Affidavit) Returned Executed Diamond Resorts Holdings LLC served on 9/23/2009, answer due 10/13/2009. (asl)
October 5, 2009 Filing 7 SUMMONS (Affidavit) Returned Executed Diamond Resorts International, LLC served on 9/23/2009, answer due 10/13/2009. (asl)
September 17, 2009 Filing 6 SUMMONS (Affidavit) Returned Executed Diamond Resorts International Club, Inc. served on 9/15/2009, answer due 10/5/2009. (asl)
September 17, 2009 Filing 5 SUMMONS (Affidavit) Returned Executed Diamond Resorts International Marketing, Inc. served on 9/15/2009, answer due 10/5/2009. (asl)
September 17, 2009 Filing 4 SUMMONS (Affidavit) Returned Executed Diamond Resorts Management, Inc. served on 9/15/2009, answer due 10/5/2009. (asl)
September 17, 2009 Filing 3 SUMMONS (Affidavit) Returned Executed Diamond Resorts Centralized Services USA, LLC served on 9/15/2009, answer due 10/5/2009. (asl)
September 14, 2009 Filing 2 Summons Issued as to Diamond Resorts LLC, Diamond Resorts Corporation, Diamond Resorts Management, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International Club, Inc., Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC. (lbc) Modified on 9/15/2009 (lbc).
September 14, 2009 Filing 1 COMPLAINT against Diamond Resorts LLC, Diamond Resorts Corporation, Diamond Resorts Management, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International Club, Inc., Diamond Resorts Centralized Services USA, LLC, Diamond Resorts Holdings LLC, Diamond Resorts International, LLC. Filing fee $ 350.00 Receipt#: 1008318, filed by Sonia Berry, Joe Berry.(lbc) Modified on 9/15/2009 (lbc).

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Plaintiff: Joseph Berry
Represented By: Joel Stephen Perwin
Represented By: Gabrielle Lyn D'Alemberte
Represented By: Robert Matthew Oldershaw
Represented By: Robert L. Parks
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Plaintiff: Joe Berry
Represented By: Joel Stephen Perwin
Represented By: Gabrielle Lyn D'Alemberte
Represented By: Robert Matthew Oldershaw
Represented By: Robert L. Parks
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Plaintiff: Sonia Berry
Represented By: Joel Stephen Perwin
Represented By: Gabrielle Lyn D'Alemberte
Represented By: Robert Matthew Oldershaw
Represented By: Robert L. Parks
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Defendant: Diamond Resorts International Marketing, Inc.
Represented By: Robert Matthew Oldershaw
Represented By: Jennifer Patricia Brooks
Represented By: Niva Maria Harney
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Defendant: Diamond Resorts Holdings LLC
Represented By: Robert Matthew Oldershaw
Represented By: Jennifer Patricia Brooks
Represented By: Niva Maria Harney
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Defendant: Diamond Resorts International, LLC
Represented By: Robert Matthew Oldershaw
Represented By: Jennifer Patricia Brooks
Represented By: Niva Maria Harney
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Defendant: Diamond Resorts Centralized Services USA, LLC
Represented By: Robert Matthew Oldershaw
Represented By: Jennifer Patricia Brooks
Represented By: Niva Maria Harney
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Defendant: Diamond Resorts Corporation
Represented By: Robert Matthew Oldershaw
Represented By: Jennifer Patricia Brooks
Represented By: Niva Maria Harney
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Defendant: Diamond Resorts LLC
Represented By: Robert Matthew Oldershaw
Represented By: Jennifer Patricia Brooks
Represented By: Niva Maria Harney
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Defendant: Diamond Resorts Management, Inc.
Represented By: Robert Matthew Oldershaw
Represented By: Jennifer Patricia Brooks
Represented By: Niva Maria Harney
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Defendant: Diamond Resorts International Club, Inc.
Represented By: Robert Matthew Oldershaw
Represented By: Jennifer Patricia Brooks
Represented By: Niva Maria Harney
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Special master: Honorable Judge Michael B. Chavies
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