Benedict et al v. Diamond Resorts Corporation et al
| Adrienne Schmadeke, Joe Williams, James Brown, Bruce Benedict and Joseph Baglino |
| Frank Goeckel, Resort Management International, Inc., Diamond Resorts Holdings, LLC, Stephen J. Cloobeck, Diamond Resorts Corporation, Diamond Resorts Parent, LLC, Jason Toste and Kathy Wheeler |
| 1:2012cv00183 |
| April 6, 2012 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Outside state of Hawaii |
| DAVID ALAN EZRA |
| BARRY M KURREN |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 13, 2013. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 93 TRANSCRIPT of Proceedings Mt. for settlement final approval; mt. for attys fees held on May 15, 2013, - before Judge David Alan Ezra. Court Reporter/Transcriber Gloria T. Bediamol, Telephone number (808) 541-2060. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 7/1/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 9/9/2013. pp. 21. (gb@hid.uscourts.gov) |
Filing 92
ORDER GRANTING MOTION FOR APPROVAL OF AWARD OF ATTORNEYS' FEES, LITIGATION EXPENSES, AND SERVICE AWARDS TO CLASS REPRESENTATIVES re #68 MOTION for Attorney Fees .. Signed by JUDGE DAVID ALAN EZRA on 06/06/2013. (eps) -- Based on the foregoing, the Court hereby awards Class Counsel $865,000 in attorneys' fees and litigation expenses, including service awards of $1000 to each of the five named Plaintiffs and Class Representatives, as provided for and agreed to under the Settlement CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
|
Filing 91
FINAL CLASS ACTION SETTLEMENT APPROVAL ORDER AND JUDGMENT. Signed by JUDGE DAVID ALAN EZRA on 06/06/2013. (eps) -- The Court hereby dismisses this action with prejudice and without costs, except as provided for in the Settlement and except as specifically provided for in this Order and the Court's separate fee order. Without affecting the finality of this Judgment in any way, administration and consummation of the Settlement shall be under the authority of this Court. The Court shall retain jurisdiction to protect, preserve and implement the Settlement. The Court expressly retains jurisdiction to enter such further orders as may be necessary or appropriate in administering and implementing the terms and provisions of the Settlement. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
| Filing 90 EP: Motion Hearing held on 5/15/2013-Plaintiffs' Motion for Final Class Action Settlement Approval [Doc. #67 ] Plaintiffs' Motion for Approval of Award of Attorneys Fees, Litigation Expenses and Service Awards to Class Representatives [Doc. #68 ] Oral discussion Held. Plaintiffs' Motion for Final Class Action Settlement Approval - Court hereby approves the Class Settlement. Plaintiffs' Motion for Approval of Award of Attorneys, Fees, Litigation Expenses and Service Awards to Class Representatives - Court hereby approves the Attorney Fees, etc. Plaintiffs' Counsel is to prepare the Order and submit the Order to Defendants' Counsel to approve as to Form and Substance.Plaintiffs' Counsel is then to submit the Order to Judge Ezra in his sitting Court in San Antonio, Texas. (Court Reporter Gloria Bediamol.) (JUDGE DAVID ALAN EZRA)(lls, )No COS issued for this docket entry Modified on 5/16/2013 : creating hyperlink to the referenced motions (eps). |
| Filing 88 RESPONSE in Support re #67 MOTION for Settlement final Approval, #68 MOTION for Attorney Fees filed by Joseph Baglino, Bruce Benedict, James Brown, Adrienne Schmadeke, Joe Williams. (Attachments: #1 Declaration of Jonathan K. Levine, #2 Exhibit A - Eric Gleason Objection, #3 Exhibit B - Kenneth Pennywell Objection, #4 Exhibit C - Kenneth Pennywell Opt-Out, #5 Exhibit D - Opt Out List, #6 Supplement Declaration of Jennifer Keough)(Levine, Jonathan) |
| Filing 87 NOTICE of Hearing on Motion #68 MOTION for Attorney Fees . Motion Hearing set for 5/15/2013 09:00 AM before JUDGE DAVID ALAN EZRA. (tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 78 NOTICE of Hearing on Motion #67 MOTION for Settlement final Approval. Motion Hearing set for 5/15/2013 09:00 AM before JUDGE DAVID ALAN EZRA. (tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| ADVISORY ENTRY. The entry docket number #67 MOTION for Settlement final Approval filed by Bruce Benedict, Joseph Baglino, Joe Williams, Adrienne Schmadeke, James Brown was filed incorrectly in this case. Local Rule 100.2.6 Exhibits Each exhibit referenced in a pleading, motion, brief or other electronic filing shall be submitted as a separate ECF attachment to the main document, regardless of the size of the file containing the exhibit. The filer must clearly label each exhibit so that anyone examining the electronic case file will know what the Exhibit is. No further action necessary. (gab, ) |
| Filing 68 MOTION for Attorney Fees Jonathan K. Levine appearing for Plaintiffs Joseph Baglino, Bruce Benedict, James Brown, Adrienne Schmadeke, Joe Williams (Attachments: #1 Memorandum in Support of Motion for Approval of Award of Attorneys' Fees, #2 Declaration of Jonathan K. Levine, Andrew N. Friedman, and William M. McKeon, #3 Exhibit 1 to the Joint Declaration, #4 Exhibit 2 to the Joint Declaration, #5 Exhibit 3 to the Joint Declaration, #6 Exhibit 4 to the Joint Declaration)(Levine, Jonathan) |
| Filing 67 MOTION for Settlement final Approval Elizabeth C. Pritzker appearing for Plaintiffs Joseph Baglino, Bruce Benedict, James Brown, Adrienne Schmadeke, Joe Williams (Attachments: #1 Memorandum in Support of Motion for Final Approval, #2 Declaration of Jennifer M. Keough (Exhibits Attached))(Pritzker, Elizabeth) |
| Filing 66 EO: In light of the #64 Order Granting Preliminary Approval of Class Settlement, the Rule 16 Scheduling Conference set for 1/8/2013 is VACATED. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
|
Filing 64
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT re #59 . Signed by JUDGE DAVID ALAN EZRA on 12/12/2012. (eps) -- Pursuant to the specific requests of the parties, the undersigned judge shall retain personal jurisdiction over this complex matter CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
| Filing 63 EP: Plainitffs' Joseph Baglino, Bruce Benedict, James Brown, Adrienne Schmadeke and Joe Williams Motion for Settlement for Preliminary Approval #59 .Oral arguments heard.Plainitffs' Joseph Baglino, Bruce Benedict, James Brown, Adrienne Schmadeke and Joe Williams Motion for Settlement for Preliminary Approval #59 -GRANTED. Order to be prepared by Counsel.Final hearing SET for 3/18/2013 before the Honorable David Alan Ezra.(Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry |
| Filing 62 EO: #59 MOTION for Settlement (unopposed) for Preliminary Approval. set for 12/3/2012. Motion Hearing date has been changed from 12/4/2012 to 12/3/2012 @9:45 AM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 61 NOTICE of Hearing on Motion #59 Plaintiff Joseph Baglino, Bruce Benedict, James Brown, Adrienne Schmadeke and Joe Williams MOTION for Settlement for Preliminary Approval set for Court Hearing on 12/4/2012 at 10:00 AM before JUDGE DAVID ALAN EZRA. (PLEASE NOTE: Judge Ezra is unavailable on 12/6/2012)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
|
Filing 60
ORDER APPROVING STIPULATION REGARDING SETTLEMENT OF CASE NO. 1:12-cv-00183-DAE-BMK re #57 . Signed by JUDGE DAVID ALAN EZRA on 11/07/2012. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
| Filing 59 MOTION for Settlement (unopposed) for Preliminary Approval Jonathan K. Levine appearing for Plaintiffs Joseph Baglino, Bruce Benedict, James Brown, Adrienne Schmadeke, Joe Williams (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement, #2 Exhibit 1 (Settlement Agreement, #3 Exhibit A to Settlement Agreement (Notice), #4 Exhibit B to Settlment Agreement (Form Email Communication to Deeded Owners), #5 Exhibit C to Settlement Agreement (Form Email Communication to Hawaii Collection Member))(Levine, Jonathan) |
| Filing 58 EO: Pursuant to #57 Stipulation, hearing date of 11/13/2012 is hereby vacated. There will be no hearing. (JUDGE DAVID ALAN EZRA)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 57 STIPULATION Regarding Settlement of Case and Order by Stephen J. Cloobeck, Diamond Resorts Corporation, Diamond Resorts Holdings, LLC, Diamond Resorts Parent, LLC, Frank Goeckel, Resort Management International, Inc., Jason Toste, Kathy Wheeler. (Dwyer, John) |
| Filing 56 EO: At the request of the parties, the Rule 16 Scheduling Conference set for 11/6/2012 is CONTINUED to 09:30AM on 1/8/2013 before Judge BARRY M. KURREN. Rule 16 Scheduling Conference Statements, if not already submitted, are now due on 1/2/2013. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 55 EO: #42 MOTION to Dismiss Amended Complaint. Per Counsel's request and agreement, Motion Hearing date has been continued from 10/15/2012 to 11/13/2012 @9:00 AM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 54 EO: At the request of John R. Dwyer, Jr. and agreement of counsel, Rule 16 Scheduling Conference set for 9/28/2012 is continued to 11/6/2012 @ 9:30 AM before Judge BARRY M. KURREN. Scheduling Conference Statements are due by 10/30/2012. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 52 EO: #42 MOTION to Dismiss Amended Complaint. Per Mr. Dwyer's request, Motion Hearing date has been continued from 9/17/2012 to 10/15/2012 @9:00 AM before JUDGE DAVID ALAN EZRA. Mr. Dwyer to notify all Counsel. (JUDGE DAVID ALAN EZRA)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 51 EO: At the request of John R. Dwyer, Jr., Rule 16 Scheduling Conference set for 8/10/2012 is continued to 9/28/2012 @ 9:00 before Judge BARRY M. KURREN. Parties are discussing settlement. Scheduling Conference Statements are due 9/21/2012. Kathy Downes to notify the parties. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 50 EO: #42 MOTION to Dismiss Amended Complaint. Per Counsel's request, Motion Hearing date has been continued from 8/27/2012 to 9/17/2012 09:00 AM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
|
Filing 49
ORDER APPROVING STIPULATION REGARDING MOTION TO DISMISS CORRECTED AMENDED COMPLAINT AND STATUS CONFERENCE re: #46 . Signed by JUDGE DAVID ALAN EZRA on 7/3/2012. ~ Order Approves Stipulation, doc no. #46 . Stipulation addresses: (1) the "Corrected Amended Complaint": doc no. #48 ; (2) Continues July 9, 2012 status conference: "Pending the outcome of the July 13, 2012 Mediation Session, the status conference, currently calendared for July 9, 2012, shall be continued to August 10, 2012 at 9:00 a.m., and the parties are to file scheduling conference statements on or before August 3, 2012...." [Clerk's notation: The status conference is scheduled as a Rule 16 Scheduling Conference: (Rule 16 Scheduling Conference previously set for 7/9/2012 is reset for 09:00AM on 8/10/2012 before Judge BARRY M. KURREN.)] (3) July 30, 2012 hearing date on Defendants' MOTION to Dismiss, doc no. #42 , is reset: (Motion Hearing set for 8/27/2012 10:30 AM before JUDGE DAVID ALAN EZRA.) (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on July 5, 2012.
|
| Filing 48 AMENDED COMPLAINT (Corrected) against Stephen J. Cloobeck, Diamond Resorts Corporation, Diamond Resorts Holdings, LLC, Diamond Resorts Parent, LLC, Frank Goeckel, Resort Management International, Inc., Jason Toste, Kathy Wheeler, filed by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke.(Levine, Jonathan) |
| Filing 47 Errata re #46 Stipulation, Correct Exhibit to Stipulation. (Dwyer, John) |
| Filing 46 STIPULATION re #40 Amended Complaint, #42 MOTION to Dismiss Amended Complaint by Stephen J. Cloobeck, Diamond Resorts Corporation, Diamond Resorts Holdings, LLC, Diamond Resorts Parent, LLC, Frank Goeckel, Resort Management International, Inc., Jason Toste, Kathy Wheeler. (Attachments: #1 Exhibit Corrected Amended Complaint)(Dwyer, John) |
| Filing 45 EO: #42 MOTION to Dismiss Amended Complaint. Per Counsel's request and agreement, Motion Hearing date has been continued from 7/30/2012 to 8/27/2012 10:30 AM before JUDGE DAVID ALAN EZRA. Stipulation to be submitted by the parties. (JUDGE DAVID ALAN EZRA)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 44 EO: At the request of John R. Dwyer, Jr., the Rule 16 Scheduling Conference set for 7/9/2012 is CONTINUED to 09:00AM on 8/10/2012 before Judge BARRY M. KURREN. Rule 16 Scheduling Conference Statements, if not already submitted, are now due on 8/3/2012. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 43 NOTICE of Hearing on Motion #42 MOTION to Dismiss Amended Complaint. Motion Hearing set for 7/30/2012 10:30 AM before JUDGE DAVID ALAN EZRA. (tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 42 MOTION to Dismiss Amended Complaint John R. Dwyer, Jr appearing for Defendants Stephen J. Cloobeck, Diamond Resorts Corporation, Diamond Resorts Holdings, LLC, Diamond Resorts Parent, LLC, Frank Goeckel, Resort Management International, Inc., Jason Toste, Kathy Wheeler (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of John R. Dwyer, Jr., #3 Exhibit A - Part 1, #4 Exhibit A - Part 2, #5 Exhibit B, #6 Exhibit C)(Dwyer, John) |
| Filing 41 MOTION to Withdraw #22 MOTION to Dismiss Complaint without prejudice John R. Dwyer, Jr appearing for Defendants Stephen J. Cloobeck, Diamond Resorts Corporation, Diamond Resorts Holdings, LLC, Diamond Resorts Parent, LLC, Frank Goeckel, Resort Management International, Inc., Jason Toste, Kathy Wheeler (Dwyer, John) |
| Filing 40 AMENDED COMPLAINT against All Defendants, filed by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke.(Levine, Jonathan) |
|
Filing 39
ORDER GRANTING THE APPLICATION OF MATTHEW A. BRINEGAR TO APPEAR PRO HAC VICE re: #37 . Signed by Judge BARRY M. KURREN on 5/23/2012. ~ Matthew A. Brinegar (Law firm Girard Gibbs LLP) added as attorney for plaintiffs Bruce Benedict, Joe Williams, Joseph Baglino, James Brown, and Adrienne Schmadeke. Local Counsel: William M. McKeon, Esq. (Law firm McKeon Imlay Mehling, LLLC). (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
| Filing 38 Pro Hac Vice Filing fee: $ 300.00, receipt number HI003868 re #37 Pro Hac Vice Application of MATTHEW A. BRINEGAR. (afc) Modified on 5/23/2012: Date-filed field modified from 5/23/2012 to 5/22/2012. (afc) |
| Filing 37 Application of Matthew A. Brinegar to Appear Pro Hac Vice. (McKeon, William) |
| Filing 36 NOTICE by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke re #33 Application, Withdrawl of Plaintiffs' Ex Parte Application Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke. (Levine, Jonathan) |
| Filing 35 OBJECTION re #33 Application, To Relieve Plaintiffs' Ex Parte Obligation to Respond to Defendants' Motion to Dismisss filed by Stephen J. Cloobeck, Diamond Resorts Corporation, Diamond Resorts Holdings, LLC, Diamond Resorts Parent, LLC, Frank Goeckel, Resort Management International, Inc., Jason Toste, Kathy Wheeler. (Attachments: #1 Declaration of John R. Dwyer, Jr.)(Dwyer, John) |
| Filing 34 EO: #22 MOTION to Dismiss Complaint. Plaintiffs have advised the Court that they intend to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). (See Doc. # 33.) Therefore, the hearing on Defendants' pending Motion to Dismiss (doc. # 22) shall be continued from 6/12/2012 to 7/2/2012 at 9:45 AM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| ADVISORY ENTRY. The entry docket number #33 Declaration to the Application with Exhibits was filed TOGETHER AS ONE DOCUMENT. Pursuant to page 4 section 2.6 Exhibits of the Amended General Order Adopting Electronic Case Filing Procedures: "2.6 Exhibits. Each exhibit referenced in a pleading, motion, brief or other electronic filing shall be submitted as a separate ECF attachment to the main document, regardless of the size of the file containing the exhibit. The filer must label each exhibit clearly when attaching in ECF." NO FURTHER ACTION REQUIRED. (bbb, ) |
| Filing 33 Application re #22 MOTION to Dismiss Complaint Plaintiffs' Ex Parte Application to Relieve Plaintiffs' Obligation to Respond to Defendants' Motion to Dismiss. (Attachments: #1 Declaration of Jonathan K. Levine)(Levine, Jonathan) |
|
Filing 32
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL #31 ~ Attorney Todd I. Espinosa terminated as counsel for plaintiffs ~ Signed by JUDGE DAVID ALAN EZRA on 5/16/2012. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
| Filing 31 MOTION to Withdraw as Attorney Todd I. Espinosa appearing for Plaintiffs Joseph Baglino, Bruce Benedict, James Brown, Adrienne Schmadeke, Joe Williams (Espinosa, Todd) |
|
Filing 30
ORDER GRANTING THE AMENDED APPLICATIONS OF PATRICIA L. GLASER, ANDREW BAUM, AND CRAIG H. MARCUS TO APPEAR PRO HAC VICE #28 . Signed by Judge BARRY M. KURREN on 5/11/2012. ~ Patricia L. Glaser, Andrew Baum, and Craig H. Marcus (Law firm of Glaser Weil Fink Jacobs Howard Avchen & Shapiro, LLP) ADDED as attorneys for defendants Diamond Resorts Corporation; Diamond Resorts Parent, LLC: Diamond Resorts Holdings, LLC; Resort Management International, Inc.; Stephen J. Cloobeck; Kathy Wheeler; Frank Goeckel; and Jason Toste. LOCAL COUNSEL: John R. Dwyer, Jr. of the Law Firm of Dwyer Schraff Meyer Grant & Green. ~ (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
| Filing 29 Errata re #28 Amended MOTION for Pro Hac Vice To Admit Patricia L. Glaser, Andrew Baum and Craig H. Marcus. (Attachments: #1 Declaration of Patricia L. Glaser, #2 Declaration of Andrew Baum)(Dwyer, John) |
| Filing 28 Amended MOTION for Pro Hac Vice To Admit Patricia L. Glaser, Andrew Baum and Craig H. Marcus John R. Dwyer, Jr appearing for Defendants Stephen J. Cloobeck, Diamond Resorts Corporation, Diamond Resorts Holdings, LLC, Diamond Resorts Parent, LLC, Frank Goeckel, Resort Management International, Inc., Jason Toste, Kathy Wheeler (Attachments: #1 Declaration of John R. Dwyer, Jr., #2 Declaration of Patricia L. Glaser, #3 Declaration of Andrew Baum, #4 Declaration of Craig H. Marcus, #5 Written Consent, #6 Order Granting Application)(Dwyer, John) |
|
Filing 27
ORDER GRANTING THE APPLICATIONS OF DOUGLAS J. McNAMARA #19 and ANDREW N. FRIEDMAN #20 TO APPEAR PRO HAC VICE. Signed by Judge BARRY M. KURREN on 5/8/2012. ~ Douglas J. McNamara, Esq. and Andrew N. Friedman, Esq. of the law firm Cohen Milstein Sellers & Toll PLLC added as Pro Hac Vice attorneys for plaintiffs Bruce Benedict, Joe Williams, Joseph Baglino, James Brown and Adrienne Schmadeke. LOCAL COUNSEL: William McKeon, Esq. and Keri C. Mehling, Esq. of the law firm McKeon Imlay Mehling ~ (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
| Filing 26 Pro Hac Vice Filing fee: $ 300.00, receipt number HI003664 re #20 Pro Hac Vice Application of ANDREW N. FRIEDMAN. (afc) |
| Filing 25 Pro Hac Vice Filing fee: $ 300.00, receipt number HI003663 re #19 Pro Hac Vice Application of DOUGLAS J. McNAMARA. (afc) |
| Filing 24 Pro Hac Vice Filing fee: $300.00 x 3 applicants = $900.00, receipt number HI003661 re #21 MOTION for Pro Hac Vice Admission of Patricia L. Glaser, Andrew Baum and Craig H. Marcus. (afc) |
| Filing 23 NOTICE of Hearing on Motion #22 MOTION to Dismiss Complaint. Motion Hearing set for 6/12/2012 09:45 AM before JUDGE DAVID ALAN EZRA. (tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 22 MOTION to Dismiss Complaint John R. Dwyer, Jr appearing for Defendants Stephen J. Cloobeck, Diamond Resorts Corporation, Diamond Resorts Holdings, LLC, Diamond Resorts Parent, LLC, Frank Goeckel, Resort Management International, Inc., Jason Toste, Kathy Wheeler (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of John R. Dwyer, Jr., #3 Exhibit A - Part 1, #4 Exhibit A - Part 2, #5 Exhibit B, #6 Exhibit C)(Dwyer, John) |
| Filing 21 MOTION for Pro Hac Vice for Admission of Patricia L. Glaser, Andrew Baum and Craig H. Marcus John R. Dwyer, Jr appearing for Defendants Stephen J. Cloobeck, Diamond Resorts Corporation, Diamond Resorts Holdings, LLC, Diamond Resorts Parent, LLC, Frank Goeckel, Resort Management International, Inc., Jason Toste, Kathy Wheeler (Attachments: #1 Declaration of John R. Dwyer, Jr., #2 Declaration of Patricia L. Glaser, #3 Declaration of Andrew Baum, #4 Declaration of Craig H. Marcus, #5 Written Consent of Associate Hawaii Co-Counsel, #6 Order Granting Application for Permission to Admit Patricia L. Glaser, Andrew Baum and Craig H. Marcus Pro Hac Vice)(Dwyer, John) |
| Filing 20 Application of Andrew N. Friedman to Appear Pro Hac Vice. (McKeon, William) |
| Filing 19 Application of Douglas J. McNamara to Appear Pro Hac Vice. (McKeon, William) |
| Filing 18 SUMMONS Returned Executed by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke. Jason Toste served on 4/13/2012, answer due 5/4/2012. (Levine, Jonathan) |
| Filing 17 SUMMONS Returned Executed by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke. Frank Goeckel served on 4/13/2012, answer due 5/4/2012. (Levine, Jonathan) |
| Filing 16 SUMMONS Returned Executed by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke. Kathy Wheeler served on 4/13/2012, answer due 5/4/2012. (Levine, Jonathan) |
| Filing 15 SUMMONS Returned Executed by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke. Stephen J. Cloobeck served on 4/13/2012, answer due 5/4/2012. (Levine, Jonathan) |
| Filing 14 SUMMONS Returned Executed by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke. Resort Management International, Inc. served on 4/16/2012, answer due 5/7/2012. (Levine, Jonathan) |
| Filing 13 SUMMONS Returned Executed by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke. Diamond Resorts Holdings, LLC served on 4/13/2012, answer due 5/4/2012. (Levine, Jonathan) |
| Filing 12 SUMMONS Returned Executed by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke. Diamond Resorts Parent, LLC served on 4/13/2012, answer due 5/4/2012. (Levine, Jonathan) |
| Filing 11 SUMMONS Returned Executed by Joseph Baglino, Bruce Benedict, Joe Williams, James Brown, Adrienne Schmadeke. Diamond Resorts Corporation served on 4/13/2012, answer due 5/4/2012. (Levine, Jonathan) |
|
Filing 10
ORDER GRANTING THE APPLICATIONS OF TODD I. ESPINOSA #4 , JONATHAN K. LEVINE #5 , AND ELIZABETH C. PRITZKER #6 TO APPEAR PRO HAC VICE. Signed by Judge BARRY M. KURREN on 4/24/2012. ~ Todd I. Espinosa, Jonathan K. Levine, and Elizabeth C. Pritzker (Law firm of Girard Gibbs LLP) added as pro hac vice attorneys for plaintiffs. Local Counsel: William M. McKeon, Esq. (Law firm: McKeon Imlay Mehling, LLLC) ~ (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on April 25, 2012.
|
| Filing 9 Pro Hac Vice Filing fee for atty Jonathan K. Levine : $ 300.00,receipt number HI003512 re #5 Application of Jonathan K. Levine to Appear Pro Hac Vice (bbb, ) |
| Filing 8 Pro Hac Vice Filing fee for atty Elizabeth C. Pritzker : $ 300.00,receipt number HI003513 re #6 Application of Elizabeth C. Pritzker to Appear Pro Hac Vice (bbb, ) |
| Filing 7 Pro hac Vice Filing fee for atty Todd I. Espinosa : $ 300.00,receipt number HI003514 re #4 Application of Todd I. Espinosa to Appear Pro Hac Vice. (bbb, ) |
| Filing 6 Application of Elizabeth C. Pritzker to Appear Pro Hac Vice. (Attachments: #1 Attachment A to Pritzker's Pro Hac Vice Appl.)(McKeon, William) |
| Filing 5 Application of Jonathan K. Levine to Appear Pro Hac Vice. (Attachments: #1 Attachment A to Levine's Pro Hac Vice Appl.)(McKeon, William) |
| Filing 4 Application of Todd I. Espinosa to Appear Pro Hac Vice. (Attachments: #1 Attachment A to Espinosa's Pro Hac Vice Appl.)(McKeon, William) |
| Filing 3 Filing fee: $ 350.00, receipt number HI003311 re #1 Complaint. (afc) |
|
Filing 2
Order Setting Rule 16 Scheduling Conference for 09:00AM on 7/9/2012 before Judge BARRY M. KURREN. Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/6/2012. (Attachments: #1 Corporate Disclosure Memo) [Clerk's notation: Civil case number noted on Order is incomplete. The correct case number is Civil No. 12-00183-DAE-BMK] (afc)
|
| Filing 1 COMPLAINT; SUMMONS (issued); JURY DEMAND - filed by Bruce Benedict, Joe Williams, Joseph Baglino, James Brown, and Adrienne Schmadeke against Diamond Resorts Corporation; Diamond Resorts Parent, LLC; Diamond Resorts Holdings, LLC; Resort Management International, Inc.; Stephen J. Cloobeck; Kathy Wheeler; Frank Goeckel; and Jason Toste. (Attachments: #1 Civil Cover Sheet) (afc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
