Neri Jocson et al v. Diamond Resorts International Club, Inc. et al
| individually and on behalf of others similarly situated., Fe Jocson and Neri Jocson |
| Barclays Bank Delaware, Diamond Resorts International Club, Inc., and DOES 1 through 10, inclusive and Does 1 through 10, inclusive |
| Howard S Fredman |
| 2:2017cv08214 |
| November 10, 2017 |
| US District Court for the Central District of California |
| Percy Anderson |
| Charles F Eick |
| Other Statutory Actions |
| 47 U.S.C. § 0227 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2019. A more recent docket listing may be available from PACER.
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| Filing 64 TRANSCRIPT for proceedings held on 7/17/18. Court Reporter: Phyllis Preston, email: stenojag@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/15/2019. Redacted Transcript Deadline set for 3/25/2019. Release of Transcript Restriction set for 5/23/2019. (Preston, Phyllis) |
Filing 63
ORDER RE: PLAINTIFFS' EX PARTE APPLICATION TO REOPEN THE ACTION, or in the alternative, FOR AN EXTENSION ON THE DEADLINE TO REOPEN by Judge Percy Anderson re: #62 EX PARTE APPLICATION to Reopen Case. The Court extends the deadline to reopen the action to August 25, 2018. (mrgo)
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| Filing 62 EX PARTE APPLICATION to Reopen Case , or in the alternative, for an Extension on the Deadline to Reopen Case, filed by Plaintiffs Fe Jocson, Neri Jocson. (Attachments: #1 Declaration by Jennifer L. Bunda, #2 Proposed Order) (Goldstein, Amir) |
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Filing 61
ORDER DENYING (PROPOSED) ORDER RE: PLAINTIFFS' APPLICATION TO REOPEN THE ACTION, or in the alternative, FOR AN EXTENSION ON THE DEADLINE TO REOPEN by Judge Percy Anderson re: #60 APPLICATION to Reopen Case. (mrgo)
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| Filing 60 APPLICATION to Reopen Case or in the alternative, an Extension on the Deadline to Reopen the Case filed by Plaintiffs Fe Jocson, Neri Jocson. (Attachments: #1 Declaration by Jennifer L. Bunda, #2 Proposed Order) (Goldstein, Amir) |
| Filing 59 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Percy Anderson. The parties have reached a settlement. The parties recite the terms of the settlement on the record. Each party states their understanding and approval of the essential terms of the settlement. The Court dismisses this action without prejudice subject to either party reopening the action on or before August 10, 2018. (Made JS-6. Case Terminated.) Court Reporter: Phyllis Preston. (mrgo) |
| Filing 58 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge Percy Anderson. The Court is in receipt of Plaintiff's Ex Parte Application for an Extension on the Deadlines set forth in the Scheduling Order, or in the alternative, for an Immediate Status Conference Before the Court [Docket No. 55]. Court and counsel confer regarding the status of the case. The parties have reached a settlement. The Court continues the matter to July 20, 2018, at 1:30 p.m. All counsel and their clients must appear for the Telephonic Status Conference to recite the terms of settlement on the record. Court Reporter: Phyllis Preston. (mrgo) |
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Filing 57
ORDER OF DISMISSAL by Judge Percy Anderson, re Stipulation to Dismiss Party #56 . IT IS HEREBY ORDERED THAT Plaintiffs' action against Defendant Barclays Bank Delaware dba BarclayCard is dismissed with prejudice. Each party shall bear its own costs and attorneys' fees. Barclays Bank Delaware terminated. (mrgo)
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| Filing 56 STIPULATION to Dismiss Defendant Barclays Bank Delaware filed by Plaintiffs Neri Jocson, Fe Jocson. (Attachments: #1 Proposed Order)(Goldstein, Amir) |
| Filing 55 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/12/2018 filed by Plaintiffs Fe Jocson, Neri Jocson. (Attachments: #1 Declaration by Amir J. Goldstein, Esq., #2 Proposed Order) (Goldstein, Amir) |
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Filing 54
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson re: Joint REQUEST to Extend Discovery Cut-Off Date to 10/12/2018 #53 . The parties' Joint Request for Extension is therefore denied. IT IS S (mrgo)
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| Filing 53 Joint REQUEST to Extend Discovery Cut-Off Date to 10/12/2018 filed by Plaintiffs Fe Jocson, Neri Jocson. (Attachments: #1 Declaration by Amir J. Goldstein, Esq., #2 Proposed Order) (Goldstein, Amir) |
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Filing 52
MINUTES IN CHAMBERS COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, the Court denies the Jocsons' Motion to Dismiss Counterclaim #47 . IT IS SO ORDERED. (lom)
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| Filing 51 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #47 filed by Plaintiff Fe Jocson, Counter Defendants Fe Jocson, Neri Jocson. (Attachments: #1 Declaration by Amir J. Goldstein, Esq., #2 Exhibit 2 - 6/24/18 Invoice)(Goldstein, Amir) |
| Filing 50 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #47 filed by Defendant Diamond Resorts International Club, Inc., Counter Claimant Diamond Resorts International Club, Inc.. (Attachments: #1 Declaration and Exhibit A)(Furst, Jamie) |
| Filing 49 MINUTES (IN CHAMBERS) by Magistrate Judge Charles F. Eick: denying #48 Motion to Compel. Plaintiffs' "Motion to Compel Defendant's Discovery Responses and Depositions etc.", filed 6/22/18, is denied without prejudice. The Motion fails to provide sufficient notice of the hearing on the Motion. Furthermore, the Motion improperly contemplates relief in connection with 6/21/18 depositions and document productions as to which counsel for Plaintiffs has not yet complied with Local Rule 37. (sp) |
| Filing 48 NOTICE OF MOTION AND MOTION to Compel Defendant's Discovery Responses and Depositions and Plaintiffs' Request for Fees filed by Plaintiffs Fe Jocson, Neri Jocson. Motion set for hearing on 7/13/2018 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Declaration by Amir J. Goldstein, Esq., #2 Exhibit 1 - Joint Stipulation re Discovery Disputes, #3 Exhibit 2 - Scheduling Order)(Goldstein, Amir) |
| Filing 47 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Fe Jocson, Neri Jocson. Motion set for hearing on 7/16/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration by Amir J. Goldstein, Esq., #2 Exhibit 1 - Defendant's Answer and Counterclaim, #3 Proposed Order) (Goldstein, Amir) |
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Filing 46
PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order #45 . (sp)
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| Filing 45 STIPULATION for Protective Order filed by Defendants Diamond Resorts International Club, Inc.. (Attachments: #1 Proposed Order)(Wahlquist, Rebecca) |
| Filing 44 MEDIATION REPORT Filed by Mediator (ADR Panel) Howard S Fredman: Mediation held on March 21, 2018. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Fredman, Howard) |
| Filing 43 NOTICE OF MEDIATION DATE filed. Mediation set for March 21, 2018.(Fredman, Howard) |
| Filing 42 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Howard S Fredman has been assigned to serve as Panel Mediator. (mb) |
| Filing 41 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #36 with JURY DEMAND filed by Plaintiffs/Counter-Respondents Fe Jocson, Neri Jocson.(Goldstein, Amir) |
| Filing 40 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Howard S. Fredman may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 3/21/2018 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiffs Fe Jocson, Neri Jocson(Goldstein, Amir) |
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Filing 39
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)]by Judge Percy Anderson. (lom)
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Filing 38
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has received the parties' joint 26(f) report #37 and finds that a scheduling conference is not necessary. Dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates" attached to this order. The dates set by the Court are firm dates. The scheduling conference currently on calendar for March 12, 2018, at 10:30 a.m., is hereby vacated, and the matter taken off calendar. This case is referred to the Court's Mediation Panel. Schedule of Trial and Pretrial Dates: 10/23/18 Jury Trial at 9:00 a.m.; 10/15/18 Hearing on Motions in Limine at 1:30 p.m.; 09/21/18 Final Pretrial Conference at 1:30 p.m. See document for other deadlines. (lom)
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| Filing 37 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 days, filed by Defendant Diamond Resorts International Club, Inc., Counter Claimant Diamond Resorts International Club, Inc... (Wahlquist, Rebecca) |
| Filing 36 ANSWER to Complaint (Attorney Civil Case Opening), #1 , COUNTERCLAIM against All Plaintiffs filed by Defendant Diamond Resorts International Club, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Wahlquist, Rebecca) |
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Filing 35
ORDER RE: STRIKING CLASS ALLEGATIONS AND SUBSEQUENT WITHDRAWAL OF DEFENDANT'S MOTION TO COMPEL approved by Judge Percy Anderson, re Stipulation for Order, Stipulation to Withdraw Motion/Application/Request/Ex Parte Application, #33 . (mrgo)
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Filing 34
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 3/12/2018 at 10:30 AM before Judge Percy Anderson.) (mrgo)
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| Filing 33 Joint STIPULATION for Order To Strike Class Allegations (Compl. paragraphs 112-21; Prayer paragraphs A-B), Joint STIPULATION to Withdraw Motion NOTICE OF MOTION AND MOTION to Compel Arbitration #27 filed by Defendants Diamond Resorts International Club, Inc.. (Attachments: #1 Proposed Order)(Wahlquist, Rebecca) |
| Filing 32 NOTICE of Settlement and Notice to Withdraw Defendants Motion to Compel filed by Plaintiffs Neri Jocson. (Goldstein, Amir) |
| Filing 31 NOTICE of Interested Parties filed by Defendant Barclays Bank Delaware, identifying Barclays Group US Inc., which is wholly owned by Barclays US LLC. Barclays US LLC is a wholly owned subsidiary of Barclays Bank, PLC, which is a wholly owned subsidiary of Barclays, PLC. (Attorney Bryan David Trader added to party Barclays Bank Delaware(pty:dft))(Trader, Bryan) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendant Barclays Bank Delaware identifying Defendant as Corporate Parent. (Trader, Bryan) |
| Filing 29 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Percy Anderson. The document #25 is accepted as filed. Counsel are ordered to file their Notice of Interested Parties forthwith. (cr) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Compel Arbitration #25 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order is missing. Per Local Rule 5-4.4, "the proposed order or other proposed document shall be in PDF format and included, as an attachment, to the main electronically filed document (e.g., stipulations, applications, motions)." Or "electronically lodged as an attachment to a Notice of Lodging." In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo) |
| Filing 27 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants Diamond Resorts International Club, Inc.. Motion set for hearing on 2/26/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum in Support, #2 Declaration of Benjamin La Luzerne in support, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration, #5 Exhibit C to Declaration, #6 Exhibit D to Declaration, #7 Exhibit E to Declaration, #8 Proposed Order) (Wahlquist, Rebecca) |
| Filing 26 CORPORATE DISCLOSURE STATEMENT and Certificate of Interested Parties (L.R. 7.1-1) filed by Defendant Diamond Resorts International Club, Inc. identifying Dakota Parent, Inc. as Corporate Parent. (Wahlquist, Rebecca) |
| Filing 25 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Barclays Bank Delaware. Motion set for hearing on 2/26/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of David Hensey, #2 Exhibit A, #3 Exhibit B) (Kim, Raymond) |
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Filing 24
ORDER DENYING STIPULATION TO EXTEND TIME FOR BARCLAYS BANK DELAWARE TO RESPOND TO FEBRUARY 23, 2018 by Judge Percy Anderson. Having reviewed the Stipulation to Extend Time to Respond to Complaint #23 , this Court hereby orders the stipulation DENIED. (iv)
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| Filing 23 STIPULATION for Extension of Time to File Answer to February 23, 2018 re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Barclays Bank Delaware. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time for Barclays Bank Delaware to Respond to February 23, 2018)(Kim, Raymond) |
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Filing 22
ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS TIME TO RESPOND TO INITIAL COMPLAINT BY 21 DAYS #21 by Judge Percy Anderson: Having reviewed the parties' Joint Stipulation to Extend Time For Defendants To Respond To Plaintiffs' Complaint, and good cause being show by the parties providing that Stipulation for this extension, this Court hereby orders the following: Defendants' response to the Complaint in this action must be served and filed no later than January 26, 2018. (bm)
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| Filing 21 STIPULATION for Extension of Time to File Answer to January 26, 2018 re Stipulation Extending Time to Answer (30 days or less), #20 , Complaint (Attorney Civil Case Opening), #1 , Stipulation Extending Time to Answer (30 days or less) #19 filed by Defendant Barclays Bank Delaware. (Attachments: #1 Proposed Order to Extend the Time for Diamond and Barclays to Respond to Initial Complaint to January 26, 2018)(Kim, Raymond) |
| Filing 20 STIPULATION Extending Time to Answer the complaint as to Diamond Resorts International Club, Inc. answer now due 1/5/2018, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Diamond Resorts International Club, Inc..(Wahlquist, Rebecca) |
| Filing 19 STIPULATION Extending Time to Answer the complaint as to Barclays Bank Delaware answer now due 1/5/2018, re Complaint (Attorney Civil Case Opening), #1 filed by defendant Barclays Bank Delaware.(Kim, Raymond) |
| Filing 18 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation Extending Time to Answer (30 days or less), #15 , Stipulation Extending Time to Answer (30 days or less), #16 by Clerk of Court. The documents are stricken. Stipulation Extending Time to Answer is more than 30 days. No proposed order was submitted with the Stipulation. (mrgo) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less), #15 , Stipulation Extending Time to Answer (30 days or less), #16 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Stipulation Extending Time to Answer is more than 30 days. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) |
| Filing 16 [DOCUMENT ORDERED STRICKEN PER DOC. NO. 18] STIPULATION Extending Time to Answer the complaint as to Diamond Resorts International Club, Inc. answer now due 1/8/2018, re Complaint (Attorney Civil Case Opening), #1 filed by defendant Diamond Resorts International Club, Inc..(Attorney Rebecca J Wahlquist added to party Diamond Resorts International Club, Inc.(pty:dft))(Wahlquist, Rebecca) Modified on 12/11/2017 (mrgo). |
| Filing 15 [DOCUMENT ORDERED STRICKEN PER DOC. NO. 18] STIPULATION Extending Time to Answer the complaint as to Barclays Bank Delaware answer now due 1/8/2018, re Complaint (Attorney Civil Case Opening), #1 filed by defendant Barclays Bank Delaware.(Attorney Raymond Yoon Ho Kim added to party Barclays Bank Delaware(pty:dft))(Kim, Raymond) Modified on 12/11/2017 (mrgo). |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Neri Jocson, Fe Jocson, upon Defendant Barclays Bank Delaware served on 11/17/2017, answer due 12/8/2017. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Goldstein, Amir) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Neri Jocson, Fe Jocson, upon Defendant Diamond Resorts International Club, Inc. served on 11/16/2017, answer due 12/7/2017. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Goldstein, Amir) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Diamond Resorts International Club, Inc. (mrgo) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Barclays Bank Delaware. (mrgo) |
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Filing 10
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (mrgo)
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| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Fe Jocson, Neri Jocson. (Attachments: #1 Face Page of Complaint)(Goldstein, Amir) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Fe Jocson, Neri Jocson. (Attachments: #1 Face Page of Complaint)(Goldstein, Amir) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Charles F. Eick. (ghap) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Fe Jocson, Neri Jocson, individually and on behalf of others similarly situated.. (Attachments: #1 Summons)(Goldstein, Amir) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Goldstein, Amir) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Fe Jocson, Neri Jocson, individually and on behalf of others similarly situated.. (Goldstein, Amir) |
| Filing 1 COMPLAINT Receipt No: 0973-20809990 - Fee: $400, filed by Plaintiffs Neri Jocson, individually and on behalf of others similarly situated., Fe Jocson. (Attorney Amir J Goldstein added to party Fe Jocson(pty:pla), Attorney Amir J Goldstein added to party Neri Jocson(pty:pla), Attorney Amir J Goldstein added to party individually and on behalf of others similarly situated.(pty:pla))(Goldstein, Amir) |
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