Zwicky et al v. Diamond Resorts Incorporated et al
| Norman Zwicky, George Abarca, Vikki Osborn and Elizabeth Stryks-Shaw |
| Stephen J Cloobeck, Kathy Wheeler, ILX Acquisition Incorporated, Unknown Parties, Diamond Resorts Management Incorporated, C Alan Bentley, David F Palmer, Troy Magdos, Linda Riddle, Diamond Resorts Incorporated, Diamond Resorts International and Diamond Resorts International Incorporated |
| 2:2020cv02322 |
| December 1, 2020 |
| US District Court for the District of Arizona |
| Diane J Humetewa |
| John J Tuchi |
| Other Statutes: Racketeer/Corrupt Organization |
| 28 U.S.C. § 1441 Petition for Removal- Racketeering (RICO) |
| Plaintiff |
Docket Report
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Filing 149
ORDER - The Court preliminarily approves the Settlement Agreement and Release (Doc. #129 -1) as sufficiently fair, reasonable, and adequate to allow the dissemination of notice of the Settlement Agreement and Release to the Class. The Court appoints as third-party Settlement Administrator: JND Legal Administration. In-Court Final Approval Hearing set for 2/8/2024 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Plaintiffs' Unopposed Renewed Motion for Preliminary Approval of Settlement, Approval of Notice (Doc. #144 ) is granted. See Order for further details. Signed by Judge Diane J Humetewa on 9/5/23. (DXD)
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Filing 147
ORDER: Before the Court is Plaintiffs' unopposed Motion to Exceed Page Limits (Doc. #143 ). Good cause appearing, IT IS HEREBY ORDERED the Motion (Doc. #143 ) is granted. The Clerk of Court is directed to reflect as filed, Plaintiffs' Unopposed Renewed Motion for Preliminary Approval of Settlement and Proposed Exhibits, currently lodged at Docs. 144, 145 and 146. ORDERED by Judge Diane J Humetewa on 2/16/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) Modified text on 2/16/2023. (LFIG)
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Filing 146
Additional Attachments to Main Document re: #144 MOTION for Preliminary Approval of Settlement, Notice Program: Exhibit 10-omitted by error by George Abarca, Vikki Osborn, Elizabeth Stryks-Shaw, Norman Zwicky. (Attachments: #1 Exhibit 10-OMITTED-Excerpts, Audits-2017-20)(Barry, Edward) Modified on 2/16/2023 to reflect as filed. (LFIG)
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Filing 145
Additional Attachments to Main Document re: #144 MOTION for Preliminary Approval of Settlement, Notice Program: EXHIBITS 11-20 to Renewed Motion for Preliminary Approval of Settlement, Notice Program by George Abarca, Vikki Osborn, Elizabeth Stryks-Shaw, Norman Zwicky. (Attachments: #1 Exhibit 11-Excerpt, PVCOA Plan re management fees, #2 Exhibit 12-Indirect Corporate Cost Analytical Work-Up, #3 Exhibit 13-Excerpts, 2007 Management Agreement, #4 Exhibit 14 - Terms Sheet, #5 Exhibit 15-Settlement Agreement & Release, #6 Exhibit 16-Declaration of Barry re fees, #7 Exhibit 17-Declaration of Phelps re fees, #8 Exhibit 18-Postcard Notice, #9 Exhibit 19-Email Notice, #10 Exhibit 20- Long Form Notice)(Barry, Edward) Modified on 2/16/2023 to reflect as filed. (LFIG)
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Filing 144
MOTION for Preliminary Approval of Settlement, Notice Program by George Abarca, Vikki Osborn, Elizabeth Stryks-Shaw, Norman Zwicky. (Attachments: #1 Proposed Order, #2 Attachment INDEX TO EXHIBITS, #3 Exhibit 1-Excerpts, Statement of Material Facts, Superior Court, #4 Exhibit 2-Order (minute entry) of Superior Court, #5 Exhibit 3-PVCOAs Notice of Production of Documents, #6 Exhibit 4- Indirect Corporate Costs summary, 2011-2015, #7 Exhibit 5-Excerpts, Superior Court Hearing on Summary Judgment, #8 Exhibit 6-Stipulated Confidentiality Order, Inspection Action, #9 Exhibit 7-Indirect Corporate Cost Summary, 2011-21, #10 Exhibit 8-Defendants Discovery Responses, #11 Exhibit 9- Confidentiality Agreement)(Barry, Edward) Modified on 2/16/2023 to reflect as filed. (LFIG)
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Filing 143
Consent MOTION for Leave to File Excess Pages for Motion to Exceed Page Limit for Renewed Motion for Preliminary Approval of Settlement by George Abarca, Vikki Osborn, Elizabeth Stryks-Shaw, Norman Zwicky. (Attachments: #1 Proposed Order)(Barry, Edward)
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Filing 142
NOTICE of Attorney Substitution by Jon Laurence Phelps. (Phelps, Jon)
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Filing 141
ORDER that Plaintiff shall file a Renewed Motion for Preliminary Approval of Settlement and Approval of Notice no later than February 15, 2023. Signed by Judge Diane J Humetewa on 2/2/2023. (LFIG)
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Filing 140
STATUS REPORT Updated by George Abarca, Vikki Osborn, Elizabeth Stryks-Shaw, Norman Zwicky. (Attachments: #1 Exhibit Confidentiality Stipulation)(Phelps, Jon)
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Filing 139
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Jon Laurence Phelps. (Phelps, Jon)
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Filing 138
STATUS REPORT by George Abarca, Vikki Osborn, Elizabeth Stryks-Shaw, Norman Zwicky. (Barry, Edward)
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Filing 137
ORDER: This matter arises under the Court's review of the record. On November 15, 2023, the Court granted preliminary certification of class for settlement purposes only and denied the proposed Settlement Agreement and Release. (Doc. #136 ). Since then, Plaintiffs have not refiled a Motion for Preliminary Approval of Settlement and Approval of Notice. Therefore, IT IS ORDERED that Plaintiffs shall file a Status Report no later than seven (7) days after this Order's entry. ORDERED by Judge Diane J Humetewa on 1/11/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 136
ORDER that Plaintiffs' Motion for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, and Approval of Notice (Doc. #129 ) is GRANTED as to the preliminary certification of class for settlement purposes only, and DENIED as to the proposed Settlement Agreement and Release. Signed by Judge Diane J Humetewa on 11/14/2022. (See Order for details.) (LFIG)
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Filing 135
Inquiry re Status of Motion or Other Matter Under Advisement re: #129 MOTION for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, Approval of Notice by Plaintiff Norman Zwicky (Phelps, Jon) Modified to correct event on 10/18/2022 (CLM).
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Filing 134
NOTICE of Errata re: #129 MOTION for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, Approval of Notice {Correction of mathematical error in proposed order, Doc.129-9] by Plaintiff Norman Zwicky.. (Barry, Edward)
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Filing 133
NOTICE of Errata re Unopposed Motion for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, Approval of Notice by Plaintiff Norman Zwicky.. (Tetreault, Jennie)
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Filing 132
NOTICE of Errata re: #129 MOTION for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, Approval of Notice by Plaintiff Norman Zwicky.. (Attachments: #1 Exhibit Last Signature Page)(Tetreault, Jennie)
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Filing 131
REPORT of Plaintiffs re status of final signature on settlement agreement re: #129 by Plaintiff Norman Zwicky. (Barry, Edward)
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Filing 130
ORDER: The Court is receipt of Plaintiff's Motion for Leave to File Excess Pages (Doc. #128 ). IT IS ORDERED that the Motion is granted. The Clerk of Court shall kindly reflect as filed, the Unopposed Motion currently lodged at Doc. #129 . ORDERED by Judge Diane J Humetewa on 4/8/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 129
*Unopposed MOTION for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, Approval of Notice filed by Norman Zwicky. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Postcard Notice, #3 Exhibit Email Notice, #4 Exhibit Long Form Notice, #5 Exhibit Declarations of Phelps and Moore, #6 Exhibit Declaration of Barry, #7 Exhibit Infante Declaration, #8 Exhibit Superior Court Docs, #9 Proposed Order Proposed Order)(Phelps, Jon) *Modified on 4/8/2022 to reflect as filed. (LFIG)
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Filing 128
MOTION for Leave to File Excess Pages by Norman Zwicky. (Attachments: #1 Proposed Order)(Phelps, Jon)
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Filing 127
ORDER: Before the Court is Plaintiffs' unopposed Motion for Extension of Time to Submit Motion for Preliminary Approval of Settlement and for Further Stay of Proceedings (Third Request) (Doc. #126 ). For good cause showing, the Motion (Doc. #126 ) is granted. Plaintiff shall submit their Motion for Preliminary Approval of Settlement no later than April 7, 2022. ORDERED by Judge Diane J Humetewa on 3/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 126
Third MOTION for Extension of Time to Submit Motion For Preliminary Approval of Settlement and for Futher Stay of Proceedings (Unopposed) by Norman Zwicky. (Phelps, Jon)
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Filing 125
ORDER: The Court having considered the Second Joint Motion for Extension of Time for Plaintiffs to Submit Motion for Preliminary Approval of Settlement (Doc. #124 ) and for good case shown, IT IS HEREBY ORDERED that the parties' Second Joint Motion (Doc. #124 ) is granted. Plaintiffs shall have until March 24, 2022 to file a motion for preliminary approval of the settlement, and the current stay of proceedings is extended through that date. ORDERED by Judge Diane J Humetewa on 3/2/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 124
Second MOTION for Extension of Time for Plaintiffs to Submit Motion for Preliminary Approval of Settlement by Norman Zwicky. (Tetreault, Jennie)
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Filing 123
ORDER: Before the Court is the parties' Joint Motion for Plaintiffs to Submit Motion for Preliminary Approval of Settlement (Doc. #122 ), filed on January 14, 2022. This Court having considered the Motion and all other relevant factors, IT IS ORDERED that the Motion (Doc. #122 ) is GRANTED. The Plaintiffs shall have an additional 45 days, through and including March 3, 2022, to submit a motion for preliminary approval of the settlement and related documentation or the Parties will timely advise the Court that additional time is needed. IT IS FURTHER ORDERED that the stay entered by the Court on October 4, 2021 and extended on November 23, 2022 (Doc. 121 ) shall remain in effect for an additional 45 days, through and including March 3, 2022. ORDERED by Judge Diane J Humetewa on 1/14/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 122
Joint MOTION for Extension of Time Extension of Time to Submit Motion for Preliminary Approval of Settlement by Diamond Resorts International Incorporated, Diamond Resorts Management Incorporated, ILX Acquisition Incorporated, Troy Magdos, David F Palmer, Kathy Wheeler. (Attachments: #1 Proposed Order)(Fuller, Mark)
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Filing 121
ORDER: Before the Court is the parties' Motion for 75 Day Extension of Stay of Proceedings (Doc. #120 ) pending the parties finalization of the settlement reached at Mediation and Plaintiffs' submission of a motion for preliminary approval of the settlement. Having considered the Motion and all other relevant factors, IT IS ORDERED the Motion (Doc. #120 ) is GRANTED. The stay entered by the Court on October 4, 2021 will remain in effect for an additional seventy-five (75) days. IT IS FURTHER ORDERED that Plaintiffs will submit a motion for preliminary approval of the settlement by January 17, 2022 or the parties will timely advise the Court that additional time is needed. ORDERED by Judge Diane J Humetewa on 11/23/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 120
NOTICE re: Outcome of Mediation Advising Court of Settlement and, MOTION for 75 Day Extension of Stay of Proceedings by Diamond Resorts International Incorporated, Diamond Resorts Management Incorporated, Troy Magdos, Kathy Wheeler re: #118 Order on Motion to Stay . (Attachments: #1 Proposed Order)(Fuller, Mark) *Modified to correct event on 11/19/2021 (WLP).
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Filing 119
ANSWER to #109 Amended Complaint by Diamond Resorts International Incorporated, Diamond Resorts Management Incorporated, Troy Magdos, Kathy Wheeler.(Fuller, Mark)
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Filing 118
ORDER granting the parties' Joint Motion to Stay (Doc. #117 ). ORDERED staying proceedings in this matter for 45 days. ORDERED that within 50 days, the parties shall file a joint notice on the outcome of mediation. Merits Discovery due by 7/30/2022. Merits Dispositive motions due by 11/27/2022. Signed by Judge Diane J Humetewa on 10/4/2021. (See Order for details.) (LFIG)
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Filing 117
Joint MOTION to Stay for 60 Days Pending Mediation by Diamond Resorts International Incorporated, Diamond Resorts Management Incorporated, Troy Magdos, Kathy Wheeler. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Order Proposed Order)(Porter, Hannah)
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Filing 116
NOTICE of Service of Discovery filed by Diamond Resorts International Incorporated, Diamond Resorts Management Incorporated, Troy Magdos, Kathy Wheeler. (Fuller, Mark)
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Filing 115
ORDER: The Court having considered the Joint Motion to Extend Deadlines to Respond to Third Amended Complaint (First Request) and to Complete Class Certification Discovery (First Request) (Doc. #114 ) and for good case shown, IT IS HEREBY ORDERED that the parties' Joint Motion is granted. Defendants, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Troy Magdos, and Kathy Wheeler, shall have until October 2, 2021 to file their answer or other response to the Third Amended Complaint. All parties shall have until October 15, 2021, to complete class certification discovery. ORDERED by Judge Diane J Humetewa on 9/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 114
Joint MOTION for Extension of Time Respond to 3rd Amended Complaint (First Request) and to Complete Class Certification Discovery (First Request) by Diamond Resorts International Incorporated, Diamond Resorts Management Incorporated, Troy Magdos, Kathy Wheeler. (Attachments: #1 Proposed Order)(Fuller, Mark)
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Filing 113
SERVICE EXECUTED: Certificate of Service re: Subpoena upon Premiere Vacation Collections Owners Association Incorporated on 8/17/21. (DXD)
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Filing 112
SERVICE EXECUTED: Certificate of Service re: Third Amended Class Action upon Arizona Attorney General's Office on 8/17/21. (DXD) *Modified text on 8/19/2021 (DXD).
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Filing 111
NOTICE of Service of Discovery filed by Norman Zwicky. (Phelps, Jon)
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Filing 110
NOTICE of Service of Discovery filed by Norman Zwicky. (Barry, Edward)
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Filing 109
*AMENDED COMPLAINT [Third Amended Complaint] against Diamond Resorts International Incorporated, Diamond Resorts Management Incorporated, Troy Magdos, Kathy Wheeler filed by Norman Zwicky. (Barry, Edward) *Modified to correct partys named on 8/16/2021 (DXD).
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Filing 108
ORDER: The Court having considered Plaintiff's Unopposed Motion to Extend Deadlines for Filing Third Amended Complaint (Second Request) and Response (Third Request) (Doc. #107 ), and for good cause shown, IT IS HEREBY ORDERED that Plaintiff's Motion (Doc. #107 ) is granted. Plaintiff shall have until August 13, 2021 to file and serve the Third Amended Class Action Complaint. Defendants Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Troy Magdos, and Kathy Wheeler shall have until September 2, 2021 to file their answer or other response. Absent extraordinary circumstances, no further extensions of this deadline will be granted. ORDERED by Judge Diane J Humetewa on 8/5/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 107
Second MOTION for Extension of Time Extend Deadlines Unopposed by Norman Zwicky. (Attachments: #1 Text of Proposed Order Second Unopposed Motion to Extend Deadlines for TAC)(Phelps, Jon)
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Filing 106
ORDER - Before the Court is the parties' Joint Motion to Extend Deadlines for Filing Third Amended Complaint (First Request) and Response (Second Request) (Doc. #105 ). For good cause showing, IT IS HEREBY ORDERED that the parties' Joint Motion to Extend Deadlines for Filing Third Amended Complaint (First Request) and Response (Second Request) (Doc. #105 ) is granted. Plaintiff shall have until August 5, 2021 to file and serve the Third Amended Class Action Complaint. Defendants Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Troy Magdos, and Kathy Wheeler shall have until August 25, 2021 to file their answer or otherwise respond. Ordered by Judge Diane J Humetewa.(RMV)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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Filing 105
*Joint MOTION to Extend Deadlines for Filing Third Amended Complaint and Response by Norman Zwicky. (Attachments: #1 Text of Proposed Order Order re Joint Motion to Extend Deadlines for Filing Third Amended Complaint and Response)(Phelps, Jon) *Modified to correct event on 7/23/2021 (RMV).
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Filing 104
ORDER: This matter is before the Court for the Stipulation to Amend Second Amended Class Action Complaint and Stipulation for Extension of Time to Answer Third Amended Complaint (First Request) (the "Stipulation") (Doc. #103 ). IT IS ORDERED approving the Stipulation (Doc. #103 ). Plaintiff shall have until July 26, 2021 to file and serve the Third Amended Class Action Complaint. IT IS FURTHER ORDERED that Defendants Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Troy Magdos, and Kathy Wheeler shall not respond to the Second Amended Class Action Complaint; they shall instead respond to the Third Amended Class Action Complaint by no later than August 15, 2021. ORDERED by Judge Diane J Humetewa on 7/14/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 103
STIPULATION re: #61 Amended Complaint First Request by Norman Zwicky. (Attachments: #1 Text of Proposed Order Order re Stipulation to Amend and Extend Deadline to Answer)(Phelps, Jon)
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Filing 102
ORDER that the Motions to Dismiss brought by Defendants Diamond Resorts Management Inc. and ILX Acquisition Inc. (Doc. #39 ), Kathy Wheeler (Doc. #40 ), Troy Magdos (Doc. #46 ), and Diamond Resorts International (Doc. #47 ) are denied in part and granted in part as set forth in this Order. The Clerk of Court shall kindly dismiss ILX Acquisition Inc., from this action. ORDERED the Motions to Dismiss brought by Defendants David Palmer (Doc. #77 ) and Stephen Cloobeck (Doc. #92 ) are granted. The Clerk of Court shall kindly dismiss Mr. Palmer and Mr. Cloobeck from this action. ORDERED the Motion to Dismiss filed by Defendant Linda Riddle (Doc. #45 ) is denied as moot. IT IS FURTHER ORDERED that the Clerk of Court shall kindly dismiss the John and Jane Doe Defendants. Signed by Judge Diane J Humetewa on 6/30/2021. (See Order for details.) (LFIG)
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Filing 101
REPLY to Response to Motion re: #92 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Plaintiff's Second Amended Class Action Complaint filed by Stephen J Cloobeck. (Armstrong, James)
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Filing 100
REPLY to Response to Motion re: #77 MOTION to Dismiss for Lack of Jurisdiction Defendant Palmer's Reply in Support of Motion to Dismiss Second Amended Complaint filed by Diamond Resorts International, Diamond Resorts Management Incorporated, ILX Acquisition Incorporated, Troy Magdos, David F Palmer, Kathy Wheeler. (Fuller, Mark)
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Filing 99
NOTICE re: Notice of Service by Stephen J Cloobeck of Rule 26(a)(1)(A) Initial Disclosures. (Golden, James)
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Filing 98
RESPONSE in Opposition re: #92 MOTION to Dismiss for Failure to State a Claim filed by Norman Zwicky. (Attachments: #1 Exhibit 1-Excerpts, SEC Form 4-Cloobeck disclosure, #2 Exhibit 2-Excerpts, DRI 2016 10-K Report, #3 Exhibit 3-Excerpts, DRI 2014 10-K Report, #4 Exhibit 4-Excerpts, DRI 2011 Prospectus, #5 Exhibit 5-Superior Court Order, September 14, 2016)(Barry, Edward)
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Filing 97
RESPONSE to Motion re: #77 MOTION to Dismiss for Lack of Jurisdiction [etc.] filed by Norman Zwicky. (Attachments: #1 Exhibit 1-Declaration of Atty Phelps with embedded exhibits)(Barry, Edward)
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Filing 96
WITHDRAWAL OF DOCUMENT re: #89 MOTION for Leave to File "Statement of Jurisdictional Facts" in response to Palmer MTD by Plaintiff Norman Zwicky. (Barry, Edward)
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Filing 95
NOTICE TO FILER OF DEFICIENCY re: #92 MOTION to Dismiss for Failure to State a Claim, #93 Notice (Other). Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Brian E. Ditsch but submitted using the log-in and password belonging to attorney James W. Armstrong. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD)
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Filing 94
REPORT of Electronic Discovery Proposal re: 87 by Plaintiff Norman Zwicky. (Attachments: #1 Text of Proposed Order Agreed Order Establishing Protocol for production of ESI)(Phelps, Jon)
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Filing 93
NOTICE re: Notice of Certification of Conferral with Counsel re Motion to Dismiss Second Amended Complaint by Stephen J Cloobeck . (Armstrong, James)
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Filing 92
*MOTION to Dismiss for Failure to State a Claim DEFENDANT STEPHEN J. CLOOBECK'S MOTION TO DISMISS PLAINTIFFS SECOND AMENDED CLASS ACTION COMPLAINT by Stephen J Cloobeck. (Armstrong, James) *Modified to correct event on 6/9/2021 (DXD).
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Remark: Pro hac vice motion(s) granted for Andrew P Baum on behalf of Defendant Stephen J Cloobeck. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 91
NOTICE re: of filing proposed order (omitted) by Norman Zwicky re: #89 MOTION for Leave to File "Statement of Jurisdictional Facts" in response to Palmer MTD . (Barry, Edward)
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Filing 90
LODGED Proposed Zwicky's Statement of Jurisdictional Facts" with exhibits. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Norman Zwicky. (Attachments: #1 Exhibit 1-Table of Contents- Exhibits, #2 Exhibit 2-DRI's 2013 IPO-NASDAQ, #3 Exhibit 3-Press-Appollo Buyout of DRI, #4 Exhibit 4-List of DRI Subsidiaries, #5 Exhibit 5-Excerpt, DRI's 2016 10-K Report, #6 Exhibit 6-Press Release-DRI Name Change, #7 Exhibit 7-List of PVCOA Resorts, #8 Exhibit 8-Kohl's Ranch BOD, #9 Exhibit 9-Sedona Vacation Club BOD, #10 Exhibit 10-Arizona AG Press Release, #11 Exhibit 11-Assurance of Discontinuance, #12 Exhibit 12-DRI's 2014 10-K Report)(Barry, Edward)
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Filing 89
MOTION for Leave to File "Statement of Jurisdictional Facts" in response to Palmer MTD by Norman Zwicky. (Barry, Edward)
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Filing 88
RULE SCHEDULING ORDER: Discovery due by 10/1/2021 and 6/10/2022. Dispositive motions due by 3/4/2022 and 10/28/2022. Signed by Judge Diane J Humetewa on 5/27/2021. (See Order for details.)(LFIG)
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Filing 86
NOTICE of Service of Discovery filed by Diamond Resorts International, Diamond Resorts Management Incorporated, ILX Acquisition Incorporated, Troy Magdos, David F Palmer, Kathy Wheeler. (Porter, Hannah)
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Filing 87
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Rule 16 Scheduling Conference held on 5/25/2021. Case management discussed. As stated on the record, within two weeks, counsel are to confer re: electronic discovery and provide the Court with a proposal. APPEARANCES: Edward Berry, Robert Moore, Jon Phelps, Jennie Tetreault by VTC for Plaintiff. Brian Ditsch and James Golden for Defendant Cloobeck. Julie Brady, Brandon Crossland, Mark Fuller, Hannah Porter, Yameel Robles by VTC for Diamond and other Defendants. (Court Reporter Linda Schroeder.) Hearing held 10:30 AM to 11:20 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 85
NOTICE of Service of Discovery filed by Norman Zwicky. (Phelps, Jon)
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Filing 84
REPLY to Response to Motion re: #47 MOTION to Dismiss for Failure to State a Claim Reply to Joinder and Motion to Dismiss Second Amended Complaint filed by Diamond Resorts International. (Attachments: #1 Exhibit DRI's Response to Plaintiff's Statement of Jurisdictional Facts)(Fuller, Mark)
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Filing 83
*NOTICE of Appearance by James W Armstrong on behalf of Stephen J Cloobeck. (Armstrong, James) *Modified to add attorneys on 5/25/2021 (MFR).
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Filing 82
NOTICE of Appearance by Hannah Hatch Porter on behalf of Diamond Resorts International, Diamond Resorts Management Incorporated, ILX Acquisition Incorporated, Troy Magdos, David F Palmer, Kathy Wheeler. (Porter, Hannah)
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Filing 81
ORDER: Before the Court is Plaintiff's Report re Compliance with Order of May 14, 2021 (Doc. #80 ). Plaintiff represents that attorneys for Defendant Stephen Cloobeck have accepted service on his behalf. Accordingly, it is no longer necessary to continue with the alternative service steps described in the Court's prior Order (Doc. #79 ). IT IS ORDERED that Plaintiff is excused from any further obligation to serve Defendant Cloobeck by alternative means as directed by the Court's prior Order. ORDERED by Judge Diane J Humetewa on 5/19/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 80
REPORT of Plaintiff re Compliance with October 14th Order re: #79 by Plaintiff Norman Zwicky. (Attachments: #1 Exhibit 1-Email Chain Attorney Andrew Baum, #2 Text of Proposed Order)(Barry, Edward)
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Filing 79
ORDER granting in part the #78 Motion for Extension of Time. Plaintiff may have 15 days from the date of this Order in which to serve Stephen J. Cloobeck as set forth in this Order. Signed by Judge Diane J Humetewa on 5/14/2021. (See Order for details.) (LFIG)
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Filing 78
First MOTION for Extension of Time Extend Deadline for Service & Allow Alternative Service by Norman Zwicky. (Attachments: #1 Exhibit 1-Affidavit of Process Server, #2 Exhibit 2-Declaration of Due Diligence, #3 Exhibit 3-Cloobeck New Business TM Application, #4 Text of Proposed Order)(Barry, Edward)
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Filing 77
MOTION to Dismiss for Lack of Jurisdiction, JOINDER re: #39 MOTION to Dismiss for Failure to State a Claim Joinder and Motion to Dismiss Second Amended Complaint by David F Palmer. (Attachments: #1 Exhibit Notice of Certification of Conferral)(Fuller, Mark) *Modified to add joinder text on 5/13/2021 (DXD).
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Filing 76
REPORT of Rule 26(f) Planning Meeting by Norman Zwicky. (Phelps, Jon)
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Filing 75
NOTICE of Party Dismissal by Norman Zwicky. Party C Alan Bentley terminated. (Phelps, Jon)
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Filing 74
ORDER striking the parties' Joint Case Management Plan (Doc. #72 ) for failure to comply with the Court's Order. ORDERED that the parties shall re-file a joint plan no later than 5/12/2021. IT IS FURTHER ORDERED resetting the Rule 16 Scheduling Conference for 5/25/2021 at 10:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. All counsel of record will be required to appear either in-person or by video-teleconference. Instructions for how to attend via video-teleconference will issue by separate email. Signed by Judge Diane J Humetewa on 5/5/2021. (LFIG)
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Filing 73
ORDER that DRI's Motion for Extension of Time (Doc. #69 ) is granted. DRI may have until May 24, 2021, in which to file a reply brief of 24 pages or fewer. IT IS FURTHER ORDERED that DRI's Motion to Strike (Doc. #70 ) is denied. Signed by Judge Diane J Humetewa on 5/5/2021. (See Order for details.) (LFIG)
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Filing 72
STRICKEN by Doc. #74 REPORT of Rule 26(f) Planning Meeting by Norman Zwicky. (Phelps, Jon) Modified on 5/5/2021 (LFIG).
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Filing 71
REPLY to Response to Motion re: #40 MOTION to Dismiss for Failure to State a Claim, #46 MOTION to Dismiss for Failure to State a Claim filed by Troy Magdos, Kathy Wheeler. (Fuller, Mark)
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Filing 70
MOTION to Strike #67 Response in Opposition to Motion by Diamond Resorts International. (Attachments: #1 Text of Proposed Order)(Fuller, Mark)
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Filing 69
First MOTION for Extension of Time Reply in Support of its Motion to Dismiss Plaintiff's Second Amended Complaint by Diamond Resorts International. (Attachments: #1 Text of Proposed Order)(Fuller, Mark)
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Filing 68
NOTICE of Errata re: #67 Response in Opposition to Motion to DRI's Motion to Dismiss by Plaintiff Norman Zwicky.. (Barry, Edward)
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Filing 67
RESPONSE in Opposition re: #47 MOTION to Dismiss for Failure to State a Claim filed by Norman Zwicky. (Attachments: #1 Exhibit Table of Contents, #2 Exhibit Exhibits 1 to 4, #3 Exhibit Exhibits 5 to 8, #4 Exhibit Exhibits 9 to 12)(Phelps, Jon)
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Filing 66
ORDER: Before the Court is the Unopposed Motion for an Extension of Time to File a Reply (First Request) (Doc. #63 ) filed by Defendants, Kathy Wheeler ("Wheeler") and Troy Magdos ("Magdos"). For good cause appearing, IT IS ORDERED granting the Motion (Doc. #63 ). Defendant Wheeler shall file her Reply by May 4, 2021; Defendant Magdos shall file his reply by May 5, 2021. ORDERED by Judge Diane J Humetewa on 4/21/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 65
ORDER: Before the Court is Defendant, David F. Palmer's Unopposed Motion for an Extension of Time to Respond to the Second Amended Complaint (First Request) (Doc. #62 ). For good cause showing, IT IS ORDERED granting the Motion (Doc. #62 ). Defendant Palmer shall answer or otherwise respond to Plaintiff's Second Amended Complaint by May 12, 2021. ORDERED by Judge Diane J Humetewa on 4/21/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 64
REPLY to Response to Motion re: #39 MOTION to Dismiss for Failure to State a Claim filed by Diamond Resorts Management Incorporated, ILX Acquisition Incorporated. (Fuller, Mark)
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Filing 63
First MOTION for Extension of Time Defendants Wheeler and Magdos' Unopposed Motion for Extension of Time to File A Reply by Troy Magdos, Kathy Wheeler. (Attachments: #1 Text of Proposed Order Exhibit A)(Fuller, Mark)
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Filing 62
*First MOTION for Extension of Time Defendant Palmer's Unopposed Motion for Extension of Time to Respond to the Second Amended Complaint by David F Palmer. (Attachments: #1 Text of Proposed Order Exhibit A)(Fuller, Mark) *Modified to correct event on 4/21/2021. (LFIG)
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Filing 60
ORDER: Before the Court is Plaintiff's Unopposed Motion for Leave to File Clean Copy of Second Amended Complaint with Nunc Pro Tunc Effect (Doc. #58 ) and an Unopposed Motion for Extension of Time re: Plaintiff's Response to Defendant Diamond Resorts International, Inc.'s Notice of Joinder and Motion to Dismiss Second Amended Complaint (First Request) (Doc. #59 ). IT IS ORDERED that for good cause showing, Plaintiff's Unopposed Motion for Leave to File Clean Copy of Second Amended Complaint with Nunc Pro Tunc Effect (Doc. #58 ) is granted. The Clerk of Court is directed to file Plaintiff's Second Amended Complaint at Doc. #58 -2, nunc pro tunc to January 29, 2021. IT IS FURTHER ORDERED that Plaintiff's Unopposed Motion for Extension of Time (Doc. #59 ) is denied. Plaintiff shall have until April 23, 2021, to file its Response to Defendant Diamond Resorts International, Inc.'s Notice of Joinder and Motion to Dismiss Second Amended Complaint (Doc. #47 ). ORDERED by Judge Diane J Humetewa on 4/19/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 59
First MOTION for Extension of Time to File Response/Reply as to #47 MOTION to Dismiss for Failure to State a Claim Unopposed by Norman Zwicky. (Attachments: #1 Text of Proposed Order Proposed Order Re Motion to Extend Time to Respond to DRI)(Phelps, Jon)
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Filing 58
*MOTION for Leave to File Clean Copy of S.A.C. with Nunc Pro Tunc Effect (Unopposed) by Norman Zwicky. (Attachments: #1 Exhibit Proposed SAC-Clean Copy, #2 Text of Proposed Order)(Barry, Edward) *Modified event on 4/19/2021 (LFIG).
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Filing 57
NOTICE of Party Dismissal by Norman Zwicky. Party Linda Riddle terminated. (Phelps, Jon)
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Filing 56
RESPONSE in Opposition re: #46 MOTION to Dismiss for Failure to State a Claim of Defendant Magdos filed by Norman Zwicky. (Barry, Edward)
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Filing 55
RESPONSE in Opposition re: #40 MOTION to Dismiss for Failure to State a Claim filed by Norman Zwicky. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Phelps, Jon)
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Filing 54
ORDER: For good cause appearing, IT IS ORDERED that Defendants Diamond Resorts Management, Inc. ("DRM") and ILX Acquisition, Inc.'s ("ILX") Unopposed Motion for an Extension of Time to File a Reply and to Exceed Page Limit (First Request) (Doc. #53 ) is GRANTED. DRM and ILX shall be permitted to file a reply in support of their Motion to Dismiss (Doc. #39 ), no later than April 20, 2021, that does not exceed 16 pages. ORDERED by Judge Diane J Humetewa on 4/5/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 53
First MOTION for Extension of Time Extension of Time and to Exceed Page Limit by Diamond Resorts Management Incorporated, ILX Acquisition Incorporated. (Attachments: #1 Text of Proposed Order)(Fuller, Mark)
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Filing 52
ORDER: Before the Court is Plaintiff's Motion for Extension of Time re: Plaintiff's Response to Defendant Troy Magdos' Motion to Dismiss Second Amended Complaint (Doc. #50 ) (First Request). It is unclear whether the request is unopposed, however, the Court finds cause to grant the Motion (Doc. #50 ). IT IS ORDERED that Plaintiff shall have until April 14, 2021 to respond to Defendant Magdos' Motion to Dismiss. Any future requests that fail to comply with LRCiv 7.3(b) may be summarily stricken. ORDERED by Judge Diane J Humetewa on 3/31/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 51
RESPONSE in Opposition re: #39 MOTION to Dismiss for Failure to State a Claim filed by Norman Zwicky. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 3, #3 Exhibit Exhibit 4, #4 Exhibit Exhibit 5, #5 Exhibit Exhibit 2)(Phelps, Jon)
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Filing 50
First MOTION for Extension of Time to File Response/Reply as to #46 MOTION to Dismiss for Failure to State a Claim by Norman Zwicky. (Attachments: #1 Exhibit Proposed Order re Magdos Motion)(Phelps, Jon)
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Filing 49
ORDER: Before the Court is Plaintiff's Unopposed Motion to Exceed Page Limit and Extension of Time to Respond to Motion to Dismiss (First Request) (Doc. #48 ). For good cause showing, the Court will GRANT the Motion (Doc. #48 ). IT IS ORDERED that Plaintiff shall be permitted to submit a response to Corporate Defendants' Motion that does not exceed twenty-seven (27) pages. IT IS FURTHER ORDERED that Plaintiff shall have until the April 13, 2021, to submit a response to Defendant Kathy Wheelers Motion to Dismiss. ORDERED by Judge Diane J Humetewa on 3/26/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 48
MOTION for Leave to File Excess Pages First Request by Norman Zwicky. (Attachments: #1 Text of Proposed Order Propose Order re Page Limit and Time Extension)(Phelps, Jon)
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Filing 47
*MOTION to Dismiss for Failure to State a Claim DRI's Notice of Joinder and Motion to Dismiss Second Amended Complaint by Diamond Resorts International. (Attachments: #1 Certification of Conferral)(Fuller, Mark) *Modified to correct event/ filer on 3/18/2021 (DXD).
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Filing 46
*MOTION to Dismiss for Failure to State a Claim Magdos' Joinder to Dismiss Second Amended Complaint by Troy Magdos. (Attachments: #1 Certification of Conferral)(Fuller, Mark) *Modified to correct event/ filer on 3/18/2021 (DXD).
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Filing 45
*MOTION to Dismiss for Failure to State a Claim Second Amended Complaint by Linda Riddle. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Certification of Conferral)(Fuller, Mark) *Modified to correct event/ filer on 3/18/2021 (DXD).
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Filing 44
ORDER: The Court is in receipt of the parties' Stipulation for Extension of Time to Respond to Defendants Motions to Dismiss (Doc. #43 ). The Court finds good cause to grant the request in part. IT IS ORDERED that Plaintiff shall file his Response to the Motions to Dismiss (Docs. #39 ; #40 ) by no later than March 30, 2021. ORDERED by Judge Diane J Humetewa on 3/17/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 43
Joint MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Dismiss for Failure to State a Claim, #39 MOTION to Dismiss for Failure to State a Claim First Request by Norman Zwicky. (Attachments: #1 Exhibit Proposed Order re Stipulation to Extend to Respond)(Tetreault, Jennie)
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Filing 42
ORDER: Before the Court is the parties' Joint Motion to Continue the Rule 16 Scheduling Conference scheduled for March 9, 2021 (Doc. #41 ). For good cause showing, IT IS ORDERED the Joint Motion (Doc. #41 ) is GRANTED. The Rule 16 Scheduling Conference set for March 9, 2021 is VACATED, and RESET for May 11, 2021, at 11:30 a.m. Absent extraordinary circumstances, and a pending motion to dismiss is not, the hearing will not be continued again. IT IS FURTHER ORDERED the remainder of the Court's original Order at Doc. #12 is AFFIRMED. ORDERED by Judge Diane J Humetewa on 3/3/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 41
Joint MOTION to Continue Rule 16 Scheduling Conference First Request by Norman Zwicky. (Attachments: #1 Exhibit Propose Order re Joint Motion to Cont R16 Scheduling Conf)(Tetreault, Jennie)
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Filing 40
*MOTION to Dismiss for Failure to State a Claim Second Amended Complaint by Kathy Wheeler. (Attachments: #1 Exhibit Exhibit A, #2 Affidavit Notice of Certification of Conferral)(Fuller, Mark) *Modified to correct event on 3/1/2021 (DXD).
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Filing 39
*MOTION to Dismiss for Failure to State a Claim Second Amended Complaint by Diamond Resorts Management Incorporated, ILX Acquisition Incorporated. (Attachments: #1 Exhibit Exhibits 1-5, #2 Affidavit Notice of Certification of Conferral)(Fuller, Mark) *Modified to correct event on 3/1/2021 (DXD).
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Filing 38
Summons Issued as to Linda Riddle. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 37
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 36
Summons Issued as to C Alan Bentley, Stephen J Cloobeck, Diamond Resorts International, Troy Magdos, David F Palmer. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 35
NOTICE TO FILER OF DEFICIENCY re: #32 Summons Submitted filed by Norman Zwicky. Summons has more than one defendant listed. FOLLOW-UP ACTION REQUIRED: Separate summons must be submitted for each defendant. Defendants listed on this summons not listed on complaint and cannot be issued. Please resubmit correct summons.. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 34
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 33
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 32
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 31
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 30
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 29
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 28
ORDER: For good cause showing, IT IS ORDERED that Defendants' Third Stipulated Motion for Extension of Time to File Response to Plaintiff's Second Amended Complaint (Doc. #27 ) is GRANTED. Defendants shall have until February 26, 2021 to file their Answers or otherwise respond to the Second Amended Complaint. ORDERED by Judge Diane J Humetewa on 2/22/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 27
*Third MOTION for Extension of Time to File Response/Reply 2nd Amended Complaint by Norman Zwicky. (Attachments: #1 Exhibit Proposed Order)(Phelps, Jon) *Modified motion type on 2/22/2021. (LFIG)
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Filing 26
NOTICE TO FILER OF DEFICIENCY re: #23 Summons Submitted filed by Norman Zwicky, #22 Summons Submitted filed by Norman Zwicky, #20 Summons Submitted filed by Norman Zwicky, #24 Summons Submitted filed by Norman Zwicky, #25 Summons Submitted filed by Norman Zwicky, #19 Summons Submitted filed by Norman Zwicky, #18 Summons Submitted filed by Diamond Resorts International, #21 Summons Submitted filed by Norman Zwicky. Summons submitted as pleadings. FOLLOW-UP ACTION REQUIRED: Language on summons must match standard forms or unable to issue. Please resubmit using standard summons form.. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 25
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 24
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 23
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 22
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 21
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 20
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 19
SUMMONS Submitted by Norman Zwicky. (Phelps, Jon)
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Filing 18
SUMMONS Submitted by Diamond Resorts International. (Phelps, Jon)
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Filing 17
AMENDED COMPLAINT 2nd Class Action against All Defendants filed by Norman Zwicky. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Redline Second Amended Complaint)(Tetreault, Jennie)
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Filing 16
NOTICE TO FILER OF DEFICIENCY re: #14 First MOTION for Extension of Time to Amend. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document signed by attorney Jennie I. Tetreault but submitted using the log-in and password belonging to attorney Jon L. Phelps. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD)
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Filing 15
ORDER: Before the Court is the parties' Stipulation to Amend Complaint and Plaintiff's Unopposed Motion for Extension of Time to File a Second Amended Complaint (First Request) (the "Stipulation") (Doc. #14 ). Pursuant to the Stipulation of the parties and for good cause showing, IT IS ORDERED the Stipulation (Doc. #14 ) is GRANTED. Plaintiff shall file his Second Amended Complaint on or before January 29, 2021. Defendants shall have twenty-one (21) days after service of the Second Amended Complaint to answer or otherwise respond. ORDERED by Judge Diane J Humetewa on 1/12/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 14
First MOTION for Extension of Time to Amend Complaint by Norman Zwicky. (Attachments: #1 Text of Proposed Order Order granting Stipulation to Amend Complaint & Plaintiff's Unopposed Motion for Extension of Time to File a Second Amended Complaint)(Phelps, Jon)
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Filing 12
ORDER setting a Rule 16 Scheduling Conference for 3/9/2021 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 12/11/2020. (See Order for details.) (LFIG)
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Filing 11
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 12/9/2020. (LFIG)
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Filing 10
ORDER granting the Stipulation (Doc. #9 ) and an extension until January 11, 2021 for Defendants Diamond Resorts Management, Inc., ILX Acquisition, Inc., and Kathy Wheeler to answer or otherwise respond to the First Amended Complaint. Signed by Judge Diane J Humetewa on 12/9/2020. (LFIG)
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Remark: Pro hac vice motion(s) granted for Brandon T Crossland, Julie Singer Brady, Yameel L Mercado Robles on behalf of Defendants Diamond Resorts Management Incorporated, ILX Acquisition Incorporated, Kathy Wheeler. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 9
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Diamond Resorts Management Incorporated, ILX Acquisition Incorporated, Kathy Wheeler. (Attachments: #1 Text of Proposed Order)(Fuller, Mark)
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Filing 8
NOTICE TO FILER OF DEFICIENCY re: #7 Notice of Change of Email Address Only (Attorney). Document not in compliance with LRCiv 7.1(a)(1) - Forms of Papers. Please note for future filings; Attorney filing information must be typed in upper left corner. Additionally, document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD)
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Filing 7
NOTICE OF ATTORNEY'S CHANGE OF EMAIL ADDRESS by Edward Louis Barry. (Barry, Edward)
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Filing 6
ORDER OF RECUSAL. Case reassigned by random lot to Judge Diane J. Humetewa for all further proceedings. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-20-02322-PHX-DJH. Signed by Judge John J. Tuchi on 12/4/20. (NKS)
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Filing 5
AMENDED Filing fee paid, receipt number CV-20-02322-PHX-JJT. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-20-02322-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. Amended to provide correct consent form.(BAC)
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Filing 4
Filing fee paid, receipt number 0970-18933072. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-20-02322-PHX-JJT. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (BAC)
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Filing 3
Corporate Disclosure Statement by ILX Acquisition Incorporated. (Fuller, Mark) (BAC)
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Filing 2
Corporate Disclosure Statement by Diamond Resorts Management Incorporated. (Fuller, Mark) (BAC)
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Filing 1
NOTICE OF REMOVAL from Maricopa County Superior Court, case number 20-010141. Filing fee received: $402.00, receipt number 0970-18933072 filed by ILX Acquisition Incorporated, Kathy Wheeler, Diamond Resorts Management Incorporated. (Fuller, Mark) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Cover Sheet, #3 Exhibit A-1, #4 Exhibit A-2, #5 Exhibit A-3, #6 Exhibit B, #7 Exhibit C-1, #8 Exhibit C-2, #9 Exhibit D)(BAC)
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***STATE COURT RECORDS RECEIED***SERVICE EXECUTED: Certificate of Service re: First Amended Action Complaint, Class Action Complaint, Certificate of Compulsory Arbitration upon Arizona Attorney General's Office and Diamond Resorts Incorporated on 11/16/20 (original filed in Maricopa County Superior Court on 11/17/20); (Unspecified documents) upon ILX Acquisition Incorporated on 11/19/20.(BAC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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