Gross v. Diamond Resorts Management Incorporated
| Joseph Gross |
| Diamond Resorts Management Incorporated |
| 2:2018cv02759 |
| August 31, 2018 |
| US District Court for the District of Arizona |
| John Z Boyle |
| Diane J Humetewa |
| Other Statutes: Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2018. A more recent docket listing may be available from PACER.
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Filing 25
ORDER approving the #24 Stipulation and dismissing this action in its entirety, with prejudice, each party to bear its own attorneys' fees and costs. IT IS FURTHER ORDERED directing the Clerk of Court to terminate this action. Signed by Judge Diane J Humetewa on 11/19/2018. (LFIG)
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| Filing 24 STIPULATION of Dismissal with Prejudice by Joseph Gross. (Attachments: #1 Text of Proposed Order)(Heieck, Robert) |
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Filing 23
ORDER approving the parties' #22 Stipulation. Plaintiff shall file his First Amended Complaint on or before November 19, 2018. Defendant's Motion to Dismiss, Answer, or other response to the Amended Complaint shall be filed on or before December 19, 2018. IT IS FURTHER ORDERED resetting the Rule 16 Scheduling Conference to 2/26/2019 at 3:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 10/30/2018. (See Order for details.) (LFIG)
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| Filing 22 STIPULATION for Plaintiff to Amend Class Action and Proposed Schedule by Joseph Gross. (Attachments: #1 Text of Proposed Order)(Heieck, Robert) |
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Filing 21
ORDER setting a Rule 16 Scheduling Conference for 1/22/2019 at 11:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 10/22/2018. (See Order for details.) (LFIG)
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Filing 20
ORDER denying without prejudice Defendant's #18 Motion to Exceed Page Limit. Signed by Judge Diane J Humetewa on 10/22/2018. (LFIG)
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Filing 19
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. See Order for details. Signed by Judge Diane J Humetewa on 10/22/2018. (LFIG)
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| Filing 18 MOTION for Leave to File Excess Pages for Consolidated Motion to Dismiss Class Action Complaint by Diamond Resorts Management Incorporated. (Attachments: #1 Text of Proposed Order)(Gardner, Jeffrey) |
| Remark: Pro hac vice motion granted for Albert G Lin on behalf of defendant. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion granted for Keesha N Warmsby on behalf of defendant. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 17
AMENDED ORDER (Amending Doc.16): granting a one-time extension of time to respond to complaint by 30 days #10 . The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. The parties should be aware that the filing of a motion to dismiss under Rule 12(b)(6) will not postpone the time for compliance with the MIDP. General Order 17-08 provides that compliance may be deferred only for motions to dismiss based on lack of subject-matter jurisdiction, lack of personal jurisdiction, sovereign immunity, or absolute or qualified immunity of a public official. No further extensions will be granted. Ordered by Judge Diane J. Humetewa on 9/25/2018. (Amended to include length of extension.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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Filing 16
Amended by Doc. 17: ORDER granting a one-time extension of time to respond to complaint #10 . The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. The parties should be aware that the filing of a motion to dismiss under Rule 12(b)(6) will not postpone the time for compliance with the MIDP. General Order 17-08 provides that compliance may be deferred only for motions to dismiss based on lack of subject-matter jurisdiction, lack of personal jurisdiction, sovereign immunity, or absolute or qualified immunity of a public official. No further extensions will be granted. Ordered by Judge Diane J. Humetewa on 9/25/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) Modified on 9/25/2018 (RMW).
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| Filing 15 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Diane J. Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-18-2759-PHX-DJH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 14 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 13 Magistrate Election Form Deadline set as to Diamond Resorts Management Incorporated. (Attachments: #1 Consent Form)(MAP) |
| Filing 11 Corporate Disclosure Statement by Diamond Resorts Management Incorporated identifying Corporate Parent Diamond Resorts Management and Exchange Holding Company for Diamond Resorts Management Incorporated. (Gardner, Jeffrey) |
| Filing 10 *First MOTION for Extension of Time to File Answer by Diamond Resorts Management Incorporated. (Attachments: #1 Text of Proposed Order)(Gardner, Jeffrey) *Modified to correct event on 9/24/2018 (DXD). |
| Filing 9 NOTICE of Appearance by Jeffrey Dale Gardner on behalf of Diamond Resorts Management Incorporated. (Gardner, Jeffrey) |
| Filing 8 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 6 SERVICE EXECUTED filed by Joseph Gross: Declaration of Service re: Complaint upon Diamond Resorts Management, Inc. on 09/04/2018. (Heieck, Robert) |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAC) |
| Filing 4 Summons Issued as to Diamond Resorts Management Incorporated. (BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number 0970-15909057. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV-18-02759-PHX-JZB. Magistrate Election form attached.(BAC) |
| Filing 2 SUMMONS Submitted by Joseph Gross. (Heieck, Robert) (BAC) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15909057 filed by Joseph Gross. (Heieck, Robert) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(BAC) |
| Remark: Pro hac vice granted for Brian Parker on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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