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 |
| Experian Information Solutions, Inc., Diamond Resorts International Club, Inc., and DOES 1 through 10, inclusive and Does 1 through 10, inclusive |
| 2:2018cv10604 |
| December 21, 2018 |
| US District Court for the Central District of California |
| Andre Birotte |
| John E McDermott |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 STATUS REPORT Fifth Joint filed by Defendant Experian Information Solutions, Inc.. (Fowler, Kerry) |
| Filing 32 STATUS REPORT -FOURTH JOINT filed by Defendant Experian Information Solutions, Inc.. (Kendall, Brianne) |
| Filing 31 THIRD JOINT STATUS REPORT filed by Defendant Experian Information Solutions, Inc.. (Kendall, Brianne) |
| Filing 30 STATUS REPORT (SECOND, JOINT) filed by Defendant Experian Information Solutions, Inc.. (Kendall, Brianne) |
| Filing 29 STATUS REPORT (First Joint) filed by Defendant Experian Information Solutions, Inc.. (Kendall, Brianne) |
Filing 28
ORDER GRANTING DEFENDANTS' MOTION TO COMPEL ARBITRATION, GRANTING DEFENDANTS' MOTION TO STAY, AND DENYING DEFENDANTS' MOTION TO STRIKE CLASS ALLEGATIONS AND REQUEST FOR JURY TRIAL AS MOOT by Judge Andre Birotte Jr.: The Court GRANTS the Motion to Compel Arbitration #20 . Because Neri Jocson opted out of the arbitration provision in the August 2017 Agreement, claims regarding the August 2017 Agreement are STAYED pending arbitration of the remaining claims. Because the Court grants the Motion, Diamond's request to strike Plaintiffs' class allegations and request for a jury trial is denied as moot. IT IS HEREBY ORDERED that this action is removed from the Court's active caseload until further application by the parties or Order of this Court. The parties shall submit a joint status report within ten days of the conclusion of arbitration. The parties shall submit joint status reports every 90 days to update the Court on the status of arbitration. Each report must indicate on the face page the date on which the next report is due. Although the parties shall draft the reports jointly, Defendants shall be responsible for ensuring that the status reports are timely filed. (gk)
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| Filing 27 REQUEST FOR JUDICIAL NOTICE filed by Plaintiffs Fe Jocson, Neri Jocson. (Attachments: #1 Exhibit 1)(Goldstein, Amir) |
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Filing 26
(IN CHAMBERS) ORDER TAKING DEFENDANTS' MOTION TO COMPEL CLAIMS RELATED TO PLAINTIFFS' EARLIER THREE CONTRACTS TO ARBITRATION AND TO STAY CLIAMS RELATED TO PLAINTIFFS' MOST RECENT CONTRACT - MOTION TO STRIKE CLASS ALLEGATIONS AND PLAINTIFFS' REQUEST FOR JURY TRIAL (DKT. #20 ) UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on March 15, 2019, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 25 REPLY in support of NOTICE OF MOTION AND MOTION to Compel Arbitration #20 ; Motion to Stay Claims Related to Plaintiffs' Most Recent Contract or in the Alternative, to Strike Class Allegations and Plaintiffs' Request for Jury Trial filed by Defendant Diamond Resorts International Club, Inc.. (Wahlquist, Rebecca) |
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Filing 24
PLAINTIFFS' MEMORANDUM IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Compel Arbitration #20 filed by Plaintiffs Fe Jocson, Neri Jocson. (Attachments: #1 Declaration by Amir J. Goldstein, Esq., #2 Exhibit A - Plaintiffs' Opt Out Letter, #3 Exhibit B - Order denying Transfer by Judge Anderson)(Goldstein, Amir)
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Filing 23
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05 (Related Case) filed. Transfer of case declined by Judge Percy Anderson, for the reasons set forth on this order. Related Case No. 2:17-cv-08214 PA(Ex) (rn)
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| Filing 22 NOTICE OF LODGING filed Proposed Order re NOTICE OF MOTION AND MOTION to Compel Arbitration #20 , Request for Judicial Notice, #21 (Attachments: #1 Proposed Order)(Wahlquist, Rebecca) |
| Filing 21 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Compel Arbitration #20 filed by Defendant Diamond Resorts International Club, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Wahlquist, Rebecca) |
| Filing 20 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by defendant Diamond Resorts International Club, Inc.. Motion set for hearing on 3/15/2019 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Declaration of Russell J. Burke, #3 Exhibit A to Burke Decl, #4 Exhibit B to Burke Decl, #5 Exhibit C to Burke Decl, #6 Exhibit D to Burke Decl, #7 Exhibit E to Burke Decl, #8 Declaration of Patricia Brum, #9 Exhibit 1 to Brum Decl, #10 Exhibit 2 to Brum Decl, #11 Exhibit 3 to Brum Decl) (Attorney Rebecca J Wahlquist added to party Diamond Resorts International Club, Inc.(pty:dft)) (Wahlquist, Rebecca) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT and Certificate of Interested Parties filed by Defendant Diamond Resorts International Club, Inc. identifying Dakota Parent, Inc. as Corporate Parent. (Wahlquist, Rebecca) |
| Filing 18 NOTICE of Related Case(s) filed by Defendant Diamond Resorts International Club, Inc.. Related Case(s): 2:17-cv-08214-PA-E (Wahlquist, Rebecca) |
| Filing 17 PROOF OF SERVICE filed by Defendant Experian Information Solutions, Inc., re Answer to Complaint (Attorney Civil Case Opening) #14 , Certificate/Notice of Interested Parties, #16 Served on DIAMOND RESORTS INTERNATIONAL CLUB, INC. dba DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC dba DIAMOND RESORTS FINANCIAL SERVICES, INC. served on 2/1/2019. (Fowler, Kerry) |
| Filing 16 CERTIFICATE of Interested Parties filed by Defendant Experian Information Solutions, Inc., identifying Experian plc; Central Source LLC; Online Data Exchange LLC; New Management Services LLC; VantageScore Solutions LLC; Opt-Out Services LLC. (Fowler, Kerry) |
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Filing 15
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 5/10/2019 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 14 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Experian Information Solutions, Inc..(Attorney Kerry C Fowler added to party Experian Information Solutions, Inc.(pty:dft))(Fowler, Kerry) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Neri Jocson, Fe Jocson, upon Defendant Experian Information Solutions, Inc. served on 1/2/2019, answer due 2/1/2019. 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 PROOF OF SERVICE Executed by Plaintiff Neri Jocson, Fe Jocson, upon Defendant Diamond Resorts International Club, Inc. served on 12/27/2018, answer due 1/17/2019. 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 11 STIPULATION Extending Time to Answer the complaint as to Experian Information Solutions, Inc. answer now due 2/1/2019, filed by Defendant Experian Information Solutions, Inc..(Attorney Brianne Jackson Kendall added to party Experian Information Solutions, Inc.(pty:dft))(Kendall, Brianne) |
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Filing 10
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. SEE ORDER FOR COMPLETE DETAILS. (jre)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Experian Information Solutions, Inc. (ghap) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Diamond Resorts International Club, Inc. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge John E. McDermott. (ghap) |
| Filing 5 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 Face Page of Complaint)(Goldstein, Amir) |
| 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 Face Page of Complaint)(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: 0973-22941475 - 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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