Diamond Resorts U.S. Collection Development, LLC et al v. Pandora Marketing, LLC et al
Defendant: Esq. Miranda McCroskey, Intermarketing Media, LLC, McCroskey Legal, Esq. J.L. Sean Slattery, Carlsbad Law Group, LLP, Slattery, Sobel & Decamp, LLC, Unlock Legal, APLC, Pandora Marketing, LLC, Del Mar Law Group, LLP, Pandora Marketing, LLC a Wyoming limited liability company doing business as Timeshare Compliance, Intermarketing Media, LLC a Wyoming limited liability company doing business as Resort Advisory Group, Miranda McCroskey, Slattery, Sobel and DeCamp, LLC, JL Sean Slattery and Miranda Dempsey, APLC a California professional law corporation doing business as McCroskey Legal
Counter Defendant: Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts International, Inc.
Material Witness: BRENT DAVID BARLOW
Case Number: 2:2020cv05486
Filed: June 19, 2020
Court: US District Court for the Central District of California
Presiding Judge: Dale S Fischer
Referring Judge: Autumn D Spaeth
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 5, 2022 Filing 616 NOTICE OF LODGING filed re Response in Opposition to Motion,,,,,,,,,,,, #603 (Attachments: #1 Exhibit A to Plaintiffs' Notice of Lodging)(Delgado, Nicole)
April 5, 2022 Filing 615 DECLARATION of David P. Hall in Support of Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim #591 filed by Defendant Pandora Marketing, LLC. (Westlund, Eric)
April 5, 2022 Filing 614 DECLARATION of Rich Folk in Support of Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim #591 filed by Defendant Pandora Marketing, LLC. (Attachments: #1 Exhibit Y-GG to Declaration of Rich Folk)(Westlund, Eric)
April 5, 2022 Filing 613 DECLARATION of Cynthia S. Fortier in Support of Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim #591 filed by Defendant Pandora Marketing, LLC. (Westlund, Eric)
April 5, 2022 Filing 612 DECLARATION of Jason Krieck In support of Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim #591 filed by Defendant Pandora Marketing, LLC. (Westlund, Eric)
April 5, 2022 Filing 611 PROOF OF SERVICE filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, re Sealed Declaration in SupportDeclaration,,, #606 served on April 5, 2022. (Delgado, Nicole)
April 5, 2022 Filing 610 DECLARATION of Benjamin D. Scheibe in support of Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim #591 filed by Defendant Pandora Marketing, LLC. (Attachments: #1 Exhibit T-X and HH-II to Scheibe Declaration)(Westlund, Eric)
April 5, 2022 Filing 609 JOINT RESPONSE TO PLAINTIFFS' STATEMENT OF UNCONTROVERTED FACTS re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim #591 filed by Defendant Pandora Marketing, LLC. (Westlund, Eric)
April 5, 2022 Filing 608 NOTICE of Manual Filing filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC of re exhibits to the Declaration Of Albert G. Lin In Support Of The Counterstatement Of Facts In Suppport Of Diamond's Opposition To Defendants' Motions For Summary Judgment. (Attachments: #1 Exhibit A to Plaintiffs' Notice of Manual Filing)(Delgado, Nicole)
April 5, 2022 Filing 607 Defendants' Joint Evidentiary Objections to Plaintiffs' Uncontroverted Facts in Opposition to Plaintiffs' MSJ Opposition re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim #591 filed by Defendant Pandora Marketing, LLC. (Westlund, Eric)
April 4, 2022 Filing 606 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document For Leave To File Under Seal Exhibits & Portions Of Diamonds Opposition To Defendants Motions For Summary Judgment under seal #604 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 46, #2 Exhibit 47, #3 Exhibit 48, #4 Exhibit 51, #5 Exhibit 53, #6 Exhibit 120, #7 Exhibit 130, #8 Exhibit 181, #9 Exhibit 182, #10 Exhibit 184, #11 Exhibit 190, #12 Exhibit 232, #13 Exhibit 233, #14 Exhibit 239, #15 Exhibit 240, #16 Exhibit 242, #17 Exhibit 247, #18 Exhibit 249, #19 Exhibit 251, #20 Exhibit 254, #21 Diamonds Opposition to Defendants Motions for Summary Judgment)(Delgado, Nicole)
April 4, 2022 Filing 605 Defendants Memorandum of Points and Authorities In Opposition to Plaintiffs' Motion for Partial Summary Judgment Opposition to re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim #591 filed by Defendant Pandora Marketing, LLC. (Attachments: #1 Declaration of Pinckes ISO Opposition to MSJ, #2 Exhibit Exs A-G to Pinckes Declaration, #3 Exhibit Exs H-M to Pinckes Declaration ISO Opposition to MSJ, #4 Exhibit Exs N-S to Pinckes Declaration ISO Opposition to MSJ)(Westlund, Eric)
April 4, 2022 Filing 604 APPLICATION to file document For Leave To File Under Seal Exhibits & Portions Of Diamonds Opposition To Defendants Motions For Summary Judgment under seal filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order Re Plaintiffs Application For Leave To File Under Seal Exhibits & Portions Of Diamonds Opposition To Defendants Motions For Summary Judgment)(Delgado, Nicole)
April 4, 2022 Filing 603 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative for Summary Adjudication of Claims (or Defenses) #596 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint #600 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of Albert G. Lin in Support of the Counterstatement of Facts in Support of Diamonds Opposition to Defendants Motions for Summary Judgment, #2 Exhibit 46, #3 Exhibit 47, #4 Exhibit 48, #5 Exhibit 49, #6 Exhibit 51, #7 Exhibit 52, #8 Exhibit 53, #9 Exhibit 81, #10 Exhibit 120, #11 Exhibit 130, #12 Exhibit 144, #13 Exhibit 181, #14 Exhibit 182, #15 Exhibit 183, #16 Exhibit 184, #17 Exhibit 185, #18 Exhibit 186, #19 Exhibit 187, #20 Exhibit 188, #21 Exhibit 189, #22 Exhibit 190, #23 Exhibit 191, #24 Exhibit 192, #25 Exhibit 193, #26 Exhibit 194, #27 Exhibit 195, #28 Exhibit 196, #29 Exhibit 197, #30 Exhibit 198, #31 Exhibit 199, #32 Exhibit 200, #33 Exhibit 201, #34 Exhibit 202, #35 Exhibit 203, #36 Exhibit 204, #37 Exhibit 205, #38 Exhibit 206, #39 Exhibit 207, #40 Exhibit 208, #41 Exhibit 209, #42 Exhibit 210, #43 Exhibit 211, #44 Exhibit 212, #45 Exhibit 213, #46 Exhibit 214, #47 Exhibit 215, #48 Exhibit 216, #49 Exhibit 217, #50 Exhibit 218, #51 Exhibit 219, #52 Exhibit 220, #53 Exhibit 221, #54 Exhibit 222, #55 Exhibit 223, #56 Exhibit 224, #57 Exhibit 225, #58 Exhibit 226, #59 Exhibit 227, #60 Exhibit 228, #61 Exhibit 229, #62 Exhibit 230, #63 Exhibit 231, #64 Exhibit 232, #65 Exhibit 233, #66 Exhibit 234, #67 Exhibit 235, #68 Exhibit 236, #69 Exhibit 237, #70 Exhibit 238, #71 Exhibit 239, #72 Exhibit 240, #73 Exhibit 241, #74 Exhibit 242, #75 Exhibit 243, #76 Exhibit 244, #77 Exhibit 245, #78 Exhibit 246, #79 Exhibit 247, #80 Exhibit 248, #81 Exhibit 249, #82 Exhibit 250, #83 Exhibit 251, #84 Exhibit 252, #85 Exhibit 253, #86 Exhibit 254, #87 Exhibit 255, #88 Exhibit 256, #89 Exhibit 257, #90 Exhibit 258, #91 Exhibit 259, #92 Exhibit 260, #93 Exhibit 261, #94 Exhibit 262, #95 Exhibit 263, #96 Exhibit 264, #97 Exhibit 265, #98 Diamonds Statement of Genuine Disputes of Facts in Response and Opposition to Defendant Pandora Marketing, LLC and Intermarketing Media, LLCs Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment of, in the Alternative, for Summary Adjudication of Claims, #99 Diamonds Statement of Genuine Disputes of Facts in Response and Opposition to the Slattery Defendants Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Defendants Motion for Summary Judgment, #100 Counterstatement of Facts in Support of Diamonds Opposition to Defendants Motions for Summary Judgment, #101 Diamonds Objections to Evidence Submitted with Defendants Motions for Summary Judgment)(Delgado, Nicole)
April 4, 2022 Filing 602 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Appoint Special Master for Summary Judgment #590 [Diamonds' Reply in Support of Motion for Appointment of Special Master for Summary Judgment] filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
March 28, 2022 Filing 601 JOINT OPPOSITION re: NOTICE OF MOTION AND MOTION to Appoint Special Master for Summary Judgment #590 filed by Defendants Intermarketing Media, LLC, Pandora Marketing, LLC. (Pinckes, Randi)
March 15, 2022 Filing 600 NOTICE OF MOTION AND MOTION for Summary Judgment as to Fourth Amended Complaint filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP. Motion set for hearing on 5/9/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum, #2 Separate Statement, #3 Declaration of David P. Hall) (Hall, David)
March 15, 2022 Filing 599 PROOF OF SERVICE filed by Defendants Intermarketing Media, LLC, re Sealed Declaration in SupportDeclaration #598 served on 03/15/2022. (Pinckes, Randi)
March 15, 2022 Filing 598 SEALED DECLARATION IN SUPPORT OF Joint APPLICATION to file document Exhibits under seal #597 filed by Defendant Intermarketing Media, LLC. (Attachments: #1 Exhibit C-2, D-2, Y-1, Y-2, BB-1, BB-2, QQ, Y-1, Y-2)(Pinckes, Randi)
March 15, 2022 Filing 597 Joint APPLICATION to file document Exhibits under seal filed by Defendant Intermarketing Media, LLC. (Attachments: #1 Proposed Order)(Pinckes, Randi)
March 15, 2022 Filing 596 NOTICE OF MOTION AND MOTION for Summary Judgment as to or in the Alternative for Summary Adjudication of Claims (or Defenses) filed by Defendants Pandora Marketing, LLC. Motion set for hearing on 5/9/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Separate Statement ISO Defendants Pandora and RAG's MSJ, #2 Declaration Eugene Butler ISO MSJ, #3 Declaration James W. Hole ISO MSJ, #4 Declaration Jason Krieck ISO MSJ, #5 Declaration Phil Kiefer ISO MSJ, #6 Declaration Serlena Parks ISO MSJ, #7 Declaration Riley Young ISO MSJ, #8 Declaration Rich Folk ISO MSJ, #9 Declaration Randi Pinckes ISO MSJ, #10 Exhibit A to K-1 to Decl of Randi Pinckes, #11 Exhibit K-2 to Decl of Randi Pinckes, #12 Exhibit K-3 to Decl of Randi Pinckes, #13 Exhibit K-4 to SS to Decl of Randi Pinckes, #14 Proposed Order ISO Defendants Pandora and RAG's MSJ or MSA) (Westlund, Eric)
March 14, 2022 Filing 595 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim #591 (Attachments: #1 Exhibit A)(Delgado, Nicole)
March 14, 2022 Filing 594 PROOF OF SERVICE filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, re Sealed Declaration in SupportDeclaration,,,,,,,, #593 served on March 14, 2022. (Delgado, Nicole)
March 14, 2022 Filing 593 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Under Seal Exhibits and Portions of the Statement of Uncontroverted Facts and Conclusions of Law and the Memorandum of Points and Authorities in Support of Plaintiffs Motion for Partial Summary Judgment as to Counts I, #592 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 4, #2 Exhibit 6, #3 Exhibit 12, #4 Exhibit 14, #5 Exhibit 19, #6 Exhibit 24, #7 Exhibit 26, #8 Exhibit 28, #9 Exhibit 37, #10 Exhibit 38, #11 Exhibit 41, #12 Exhibit 46, #13 Exhibit 47, #14 Exhibit 48, #15 Exhibit 51, #16 Exhibit 53, #17 Exhibit 57, #18 Exhibit 63, #19 Exhibit 66, #20 Exhibit 68, #21 Exhibit 83, #22 Exhibit 84, #23 Exhibit 85, #24 Exhibit 92, #25 Exhibit 93, #26 Exhibit 99, #27 Exhibit 100, #28 Exhibit 103, #29 Exhibit 107, #30 Exhibit 110, #31 Exhibit 113, #32 Exhibit 117, #33 Exhibit 118, #34 Exhibit 120, #35 Exhibit 129, #36 Exhibit 130, #37 Exhibit 131, #38 Exhibit 132, #39 Exhibit 133, #40 Exhibit 139, #41 Exhibit 148, #42 Exhibit 149, #43 Exhibit 150, #44 Exhibit 151, #45 Exhibit 152, #46 Exhibit 153, #47 Exhibit 154, #48 Exhibit 155, #49 Exhibit 157, #50 Exhibit 159, #51 Exhibit 172, #52 Exhibit 173, #53 Exhibit 176, #54 Statement of Uncontroverted Facts and Conclusions of Law in Support of Plaintiffs Motion for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim, #55 Memorandum of Points and Authorities in Support of Plaintiffs Motion for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim)(Delgado, Nicole)
March 14, 2022 Filing 592 APPLICATION to file document Under Seal Exhibits and Portions of the Statement of Uncontroverted Facts and Conclusions of Law and the Memorandum of Points and Authorities in Support of Plaintiffs Motion for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim under seal filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Application set for hearing on 5/9/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order re Plaintiffs Application For Leave To File Under Seal Exhibits And Portions Of The Statement Of Uncontroverted Facts & Conclusions Of Law And The Memorandum Of Points And Authorities In Support Of Plaintiffs Motion For Partial Summary Judgment As To Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, And XVI Of Plaintiffs Fourth Amended Complaint & Dismissal On Summary Judgment On RAGs Counterclaim)(Delgado, Nicole)
March 14, 2022 Filing 591 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). Motion set for hearing on 5/9/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs Motion for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim, #2 Statement of Uncontroverted Facts and Conclusions Of Law in Support of Plaintiffs Motion for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim, #3 Declaration of Albert G. Lin in Support of the Statement of Uncontroverted Facts and Conclusions of Law in Support of Plaintiffs Motion for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim, #4 Exhibit Nos. 1-30 to the Declaration of Albert G. Lin, #5 Exhibit Nos. 31-60 to the Declaration of Albert G. Lin, #6 Exhibit Nos. 61-90 to the Declaration of Albert G. Lin, #7 Exhibit Nos. 91-120 to the Declaration of Albert G. Lin, #8 Exhibit Nos. 121-150 to the Declaration of Albert G. Lin, #9 Exhibit Nos. 151-180 to the Declaration of Albert G. Lin, #10 Proposed Order re Plaintiffs Motion for Partial Summary Judgment as to Counts I, II, III, IV, VII, X, XI, XII, XIII, XIV, and XVI of Plaintiffs Fourth Amended Complaint and Dismissal on Summary Judgment on RAGs Counterclaim) (Delgado, Nicole)
March 14, 2022 Filing 590 NOTICE OF MOTION AND MOTION to Appoint Special Master for Summary Judgment filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 4/18/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum and Points of Authorities in Support of Plaintiffs Motion for Appointment of Special Master for Summary Judgment, #2 Proposed Order re Plaintiffs Motion for Appointment of Special Master for Summary Judgment) (Lin, Albert)
March 11, 2022 Opinion or Order Filing 589 ORDER by Judge Dale S. Fischer Re Joint Motion Setting Deadlines and Page Limits for Summary Judgment #588 . See Order for specifics. (jp)
March 10, 2022 Filing 588 Joint NOTICE OF MOTION AND MOTION for Order for Setting Deadlines and Page Limits for Summary Judgment filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 4/18/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order re Joint Motion Setting Deadlines and Page Limits for Summary Judgment) (Lin, Albert)
March 4, 2022 Filing 587 NOTICE filed by Defendant Pandora Marketing, LLC. Defendants Pandora Marketing, LLC and Intermaketing Media, LLC's Joint Notice of Withdrawal of Stipulation Regarding Motions for Summary Judgment (Westlund, Eric)
March 4, 2022 Opinion or Order Filing 586 Order re Joint Motion Setting Deadlines and Page Limits for Motions for Summary Judgment #583 by Judge Dale S. Fischer. See order for specifics. (lom)
February 28, 2022 Opinion or Order Filing 585 ORDER by Judge Dale S. Fischer re Joint Motion to Stay Litigation against Miranda McCroskey and Miranda Dempsey, APLC dba McCroskey Legal #580 . See Order for specifics. (jp)
February 28, 2022 Opinion or Order Filing 584 ORDER by Judge Dale S. Fischer re Joint Motion for Voluntary Dismissal With Prejudice of Unlock Legal, APLC #579 . See Order for specifics. (jp)
February 18, 2022 Filing 583 Joint NOTICE OF MOTION AND MOTION for Order for Setting Deadlines and Page Limits for Motions for Summary Judgment filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 3/21/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order re Joint Motion Setting Deadlines and Page Limits for Motions for Summary Judgment) (Lin, Albert)
February 17, 2022 Filing 582 STIPULATED FINAL PERMANENT INJUNCTION by Judge Dale S. Fischer that Miranda McCroskey and McCroskey Legal shall be PERMANENTLY RESTRAINED AND ENJOINED. costs. See Permanent Injunction for specifics. (jp)
February 11, 2022 Filing 581 Joint NOTICE OF MOTION AND MOTION for Permanent Injunction as to Defendants Miranda McCroskey and Miranda Dempsey, APLC d/b/a McCroskey Legal filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Stipulated Final Permanent Injunction as to Defendants Miranda McCroskey and Miranda Dempsey, APLC d/b/a McCroskey Legal) (Lin, Albert)
February 11, 2022 Filing 580 Joint NOTICE OF MOTION AND MOTION to Stay Case against Miranda McCroskey and Miranda Dempsey, APLC d/b/a McCroskey Legal filed by Plaintiff Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order re Joint Motion to Stay Litigation against Miranda McCroskey and Miranda Dempsey, APLC d/b/a McCroskey Legal) (Lin, Albert)
February 10, 2022 Filing 579 Joint NOTICE OF MOTION AND MOTION to Dismiss Defendant Unlock Legal, APLC filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 3/14/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order) (Delgado, Nicole)
February 10, 2022 Filing 578 Notice of Appearance or Withdrawal of Counsel: for attorney Randi Ellen Pinckes counsel for Defendant Intermarketing Media, LLC. Andrew L. Johnson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Intermarketing Media, LLC. (Pinckes, Randi)
January 28, 2022 Filing 577 NOTICE OF LODGING filed Proposed Order re Generic Text Only Entry, 533 , MOTION to Compel Further Responses to Requests for Production of Documents (Set Five) and to Produce Documents #489 (Attachments: #1 Attachment 1 - Pandora's Proposed Order, #2 Attachment 2 - Diamond's Proposed Order, #3 Attachment 3 - Redline of Proposed Order Re Pandora's Motion to Compel, #4 Attachment 4 - Excerpts from 11-18-21 Reporters Transcript)(Scheibe, Benjamin)
January 25, 2022 Filing 576 NOTICE OF FILING TRANSCRIPT filed for proceedings 01-12-2022 re Transcript #575 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jmo) TEXT ONLY ENTRY
January 25, 2022 Filing 575 TRANSCRIPT for proceedings held on 01-12-2022. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder 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 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022. (jmo)
January 20, 2022 Opinion or Order Filing 574 TEXT ONLY ENTRY (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE by Magistrate Judge Autumn D. Spaeth: On January 18, 2022, the Court issued an Order to Show Cause re Sanctions for failure to comply with this Court's order #570 . On January 19, 2022, Defendant filed a Joint Response #572 . Accordingly, the Court's January 18, 2022 Order to Show Cause is hereby DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
January 19, 2022 Filing 573 NOTICE of Public Filing re Order Denying Plaintiffs Application for Leave to File Under Seal an Exhibit in Support of Motion to Enforce Prior Discovery Orders and Compel Production Of Documents and Testimony Against Resort Advisory Group [Dkt. 565] filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit Y to the Declaration of Marissa Peirsol in Support of Plaintiffs Motion to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony Against Resort Advisory Group)(Delgado, Nicole)
January 19, 2022 Filing 572 RESPONSE filed by Defendant Pandora Marketing, LLCto Order to Show Cause,, #570 Joint Response to Order to Show Cause (Scheibe, Benjamin)
January 18, 2022 Filing 571 Notice of Withdrawal of Motion to Quash Subpoena,,,, Motion for Protective Order,,, #552 , Motion to Quash Subpoena,,,, #534 filed by Defendant (Joint Stipulation to Withdraw Pending Motions to Quash) Pandora Marketing, LLC. (Scheibe, Benjamin)
January 18, 2022 Opinion or Order Filing 570 (IN CHAMBERS) ORDER TO SHOW CAUSE RE SANCTIONS FOR FAILURE TO COMPLY WITH COURT ORDER by Magistrate Judge Autumn D. Spaeth: Plaintiffs and defendants Pandora Marketing, LLC and Intermarketing Media, LLC are ordered to show cause why they should not be sanctioned for failure to comply with this Court's order. These parties may respond by filing a status report, stipulation or notice as described in the January 7, 2022 Order, along with an explanation for failing to do so by the ordered deadline. The response to this OSC is due by no later than Thursday, January 20, 2022. (kh)
January 18, 2022 Opinion or Order Filing 569 TEXT ONLY ENTRY (IN CHAMBERS) ORDER VACATING MOTION HEARING AND TAKING MATTER UNDER SUBMISSION by Magistrate Judge Autumn D. Spaeth: The Court finds Motion by Defendant Pandora to Quash Deposition Subpoena for Personal Appearance by Nonparty Ashleigh L. Matua or Alternatively for Protective Order #534 appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. Accordingly, the hearing set for January 19, 2022 is removed from the Court's calendar and no appearance is required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
January 14, 2022 Filing 568 TRANSCRIPT ORDER as to Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company) for Court Smart (CS). Court will contact Pamela Hubbard at phubbard@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Delgado, Nicole)
January 12, 2022 Opinion or Order Filing 567 MINUTES (IN CHAMBERS) ORDER REGARDING PLAINTIFFS' MOTIONS TO ENFORCE AGAINST TSC AND RAG (DKT. NOS. #535 , #536 ) by Magistrate Judge Autumn D. Spaeth: The deadline for TSC and RAG to complete their production, serve supplemental discovery responses that confirm the production of all ordered documents, and serve amended privilege logs is Friday, January 21, 2022. Declarations must be served by no later than Friday, January 21, 2022. To the extent Plaintiffs have proof that TSC or RAG fail to comply with prior order(s), and such failure harms or prejudices Plaintiffs, the appropriate vehicle is a motion for sanctionsnot another motion to compel. As such, Plaintiffs motions to enforce #535 , {536] are otherwise denied without prejudice. **See Order for Details** (kh)
January 12, 2022 Filing 566 MINUTES OF 1) PLAINTIFFS' MOTION (1) TO ENFORCE PRIOR DISCOVERY ORDERS AND COMPEL DEFENDANT TSCS FURTHER PRODUCTION AND RESPONSE TO REQUESTS FOR PRODUCTION; AND (2) FOR AWARD OF EXPENSES #535 and 2) PLAINTIFFS' MOTION TO ENFORCE PRIOR DISCOVERY ORDERS AND COMPEL PRODUCTION OF DOCUMENTS AND TESTIMONY AGAINST RESORT ADVISORY GROUP #536 Hearing held before Magistrate Judge Autumn D. Spaeth: Case is called for hearing. Appearances entered. Argument by counsel. Plaintiffs' motions #535 and #536 are TAKEN UNDER SUBMISSION. Written order to follow. Court Recorder: CS 01/12/2022. (kh)
January 12, 2022 Opinion or Order Filing 565 ORDER RE PLAINTIFFS' APPLICATION FOR LEAVE TO FILE UNDER SEAL AN EXHIBIT IN SUPPORT OF MOTION TO ENFORCE PRIOR DISCOVERY ORDERS AND COMPEL PRODUCTION OF DOCUMENTS AND TESTIMONY AGAINST RESORT ADVISORY GROUP #537 by Magistrate Judge Autumn D. Spaeth: The Court DENIES Diamond's Application pursuant to Local Rule 79-5.2.2(b)(I) as to the deposition transcript. (kh)
January 11, 2022 Filing 564 Notice of Withdrawal of Notice of Change of Attorney Business or Contact Information (G-06), #558 , Notice of Change of Attorney Business or Contact Information (G-06), #557 filed by Defendant Pandora Marketing, LLC. (Scheibe, Benjamin)
January 10, 2022 Filing 563 SUPPLEMENT to MOTION for Order for to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group #536 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Discovery Chart - Motion to Enforce Against RAG, #2 Exhibit 1 to Discovery Chart - Motion to Enforce Against RAG, #3 Exhibit 2 to Discovery Chart - Motion to Enforce Against RAG, #4 Exhibit 3 to Discovery Chart - Motion to Enforce Against RAG, #5 Exhibit 4 to Discovery Chart - Motion to Enforce Against RAG, #6 Exhibit 5 to Discovery Chart - Motion to Enforce Against RAG, #7 Exhibit 6 to Discovery Chart - Motion to Enforce Against RAG, #8 Exhibit 7 to Discovery Chart - Motion to Enforce Against RAG, #9 Exhibit 8 to Discovery Chart - Motion to Enforce Against RAG, #10 Exhibit 9 to Discovery Chart - Motion to Enforce Against RAG, #11 Exhibit 10 to Discovery Chart - Motion to Enforce Against RAG, #12 Exhibit 11 to Discovery Chart - Motion to Enforce Against RAG, #13 Exhibit 12 to Discovery Chart - Motion to Enforce Against RAG, #14 Exhibit 13 to Discovery Chart - Motion to Enforce Against RAG, #15 Exhibit 14 to Discovery Chart - Motion to Enforce Against RAG, #16 Exhibit 15 to Discovery Chart - Motion to Enforce Against RAG, #17 Exhibit 16 to Discovery Chart - Motion to Enforce Against RAG, #18 Exhibit 17 to Discovery Chart - Motion to Enforce Against RAG, #19 Exhibit 18 to Discovery Chart - Motion to Enforce Against RAG, #20 Exhibit 19 to Discovery Chart - Motion to Enforce Against RAG, #21 Exhibit 20 to Discovery Chart - Motion to Enforce Against RAG, #22 Exhibit 21 to Discovery Chart - Motion to Enforce Against RAG, #23 Exhibit 22 to Discovery Chart - Motion to Enforce Against RAG, #24 Exhibit 23 to Discovery Chart - Motion to Enforce Against RAG, #25 Exhibit 24 to Discovery Chart - Motion to Enforce Against RAG, #26 Exhibit 25 to Discovery Chart - Motion to Enforce Against RAG, #27 Exhibit 26 to Discovery Chart - Motion to Enforce Against RAG, #28 Exhibit 27 to Discovery Chart - Motion to Enforce Against RAG, #29 Exhibit 28 to Discovery Chart - Motion to Enforce Against RAG)(Delgado, Nicole)
January 10, 2022 Filing 562 SUPPLEMENT to MOTION for Order for (1) To Enforce Prior Discovery Orders and Compel Defendant TSCs Further Production and Response to Requests for Production; and (2) For Award of Expenses #535 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Discovery Chart - Motion to Enforce Against TSC, #2 Exhibit 1 to Discovery Chart - Motion to Enforce Against TSC, #3 Exhibit 2 to Discovery Chart - Motion to Enforce Against TSC, #4 Exhibit 3 to Discovery Chart - Motion to Enforce Against TSC, #5 Exhibit 4 to Discovery Chart - Motion to Enforce Against TSC, #6 Exhibit 5 to Discovery Chart - Motion to Enforce Against TSC, #7 Exhibit 6 to Discovery Chart - Motion to Enforce Against TSC, #8 Exhibit 7 to Discovery Chart - Motion to Enforce Against TSC)(Delgado, Nicole)
January 10, 2022 Filing 561 NOTICE of Change of Attorney Business or Contact Information: for attorney Eric A Westlund counsel for Defendant Pandora Marketing, LLC. Changing Browne George Ross O'Brien Annaguey & Ellis LLP to Ellis George Cipollone O'Brien Annaguey LLP. Changing email to ewestlund@egcfirm.com. Filed by Defendant Pandora Marketing, LLC. (Westlund, Eric)
January 7, 2022 Filing 560 NOTICE of Change of Attorney Business or Contact Information: for attorney Benjamin D Scheibe counsel for Defendant Pandora Marketing, LLC. Changing firm name to Ellis George Cipollone O'Brien Annaguey LLP. Changing e-mail to bscheibe@egcfirm.com. Filed by Defendant Pandora Marketing, LLC. (Scheibe, Benjamin)
January 7, 2022 Filing 559 NOTICE of Change of Attorney Business or Contact Information: for attorney Eric M George counsel for Defendant Pandora Marketing, LLC. Changing firm name & email to Ellis George Cipollone O'Brien Annaguey LLP. Changing email to egeorge@egcfirm.com. Filed by Defendant Pandora Marketing, LLC. (George, Eric)
January 7, 2022 Filing 558 NOTICE of Change of Attorney Business or Contact Information: for attorney Eric M George counsel for Defendant Intermarketing Media, LLC. Changing firm name & email to Ellis George Cipollone O'Brien Annaguey LLP. Changing email to egeorge@egcfirm.com. Filed by Defendant Intermarketing Media, LLC. (Attorney Eric M George added to party Intermarketing Media, LLC(pty:dft))(George, Eric)
January 7, 2022 Filing 557 NOTICE of Change of Attorney Business or Contact Information: for attorney Benjamin D Scheibe counsel for Defendant Intermarketing Media, LLC. Changing firm name to Ellis George Cipollone O'Brien Annaguey LLP. Changing e-mail to bscheibe@egcfirm.com. Filed by Defendant Intermarketing Media, LLC. (Scheibe, Benjamin)
January 7, 2022 Opinion or Order Filing 556 MINUTE ORDER (IN CHAMBERS) ORDER REQUIRING SUPPLEMENTAL CHARTS REGARDING PLAINTIFFS' MOTIONS TO ENFORCE (DKT. NOS. #535 , #536 ) by Magistrate Judge Autumn D. Spaeth: The Court hereby orders the moving and opposing parties to prepare and file a jointly prepared chart for each motion that clearly and concisely contains the bottom-line information necessary for the Court's determination of the issues. These charts are due by no later than 4 pm, Monday, January 10, 2022. (See Order for Details). (kh)
January 7, 2022 Opinion or Order Filing 555 ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION FOR STAY OF DEPOSITION UNTIL RESOLUTION OF JOINT MOTION TO QUASH DEPOSITION SUBPOENAS FOR PERSONAL APPEARANCE OF DEFENDANTS' CUSTOMERS OR ALTERNATIVELY FOR PROTECTIVE ORDER #551 by Magistrate Judge Autumn D. Spaeth: Based upon this order, Plaintiffs and the relevant defendants are ordered to meet and confer within 5 business days in an effort to reach an out of court resolution of the pending motions to quash. The moving party(s) of those motions are to file a status report or a stipulation/notice of withdrawal of those motions by no later than January 17, 2022. (kh)
January 7, 2022 Filing 554 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Joint MOTION to Quash Subpoena for Deposition Testimony of Defendants' Customers Joint MOTION for Protective Order for Depositions of Defendants' Customers #552 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. The motion does not comply with Local Rule 6-1's 28-day notice requirement. 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. (hr)
January 6, 2022 Filing 553 OPPOSITION re: EX PARTE APPLICATION to Stay pending Resolution of Joint Motion to Quash Deposition Subpoenas #551 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Delgado, Nicole)
January 6, 2022 Filing 552 NOTICE OF MOTION AND Joint MOTION to Quash Subpoena for Deposition Testimony of Defendants' Customers , Joint MOTION for Protective Order for Depositions of Defendants' Customers filed by Defendants Intermarketing Media, LLC, Pandora Marketing, LLC. Motion set for hearing on 2/2/2022 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Declaration of Emily Lilburn ISO Joint Motion to Quash, #2 Exhibit A (Dec. 6 Letter), #3 Exhibit B (Dec. 16 Notices), #4 Exhibit C (Dec. 17 Notices), #5 Exhibit D (Dec. 1 Letter), #6 Exhibit E (Dec. 2 Letter), #7 Exhibit F (Dec. 3 Letter), #8 Exhibit G (Deposition Chart), #9 Proposed Order Granting Joint Motion to Quash)(Scheibe, Benjamin)
January 6, 2022 Filing 551 EX PARTE APPLICATION to Stay pending Resolution of Joint Motion to Quash Deposition Subpoenas filed by Defendants Intermarketing Media, LLC, Pandora Marketing, LLC. (Attachments: #1 Declaration of Emily Lilburn, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order Staying Depositions) (Attorney Benjamin D Scheibe added to party Intermarketing Media, LLC(pty:dft)) (Scheibe, Benjamin)
January 5, 2022 Filing 550 REPLY Reply In Support of Motion to Quash Ashleigh Matua Dep Subpoena MOTION to Quash Subpoena for NOTICE OF MOTION AND MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE BY NONPARTY ASHLEIGH L. MATUA OR ALTERNATIVELY FOR PROTECTIVE ORDER; MEMORANDUM OF POINTS AND AUTHORITIES #534 filed by Defendant Pandora Marketing, LLC. (Attachments: #1 Declaration Decl of Eric A. Westlund ISO Reply ISO Motion to Quash Ashleigh Matua Dep Subpoena, #2 Exhibit Exhibit A ISO Declaration of Eric A Westlund, #3 Exhibit Exhibit B ISO Declaration of Eric A Westlund)(Westlund, Eric)
January 5, 2022 Filing 549 TEXT ONLY ENTRY TELEPHONIC SCHEDULING NOTICE: The hearing on Plaintiffs' Motion for Order: (1) To Enforce Prior Discovery Orders and Compel Defendant TSC's Further Production and Response to Requests for Production; and (2) For Award of Expenses #535 , and Plaintiffs' Motion for Order to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group #536 presently set for hearing on January 12, 2022 at 10:00am before Magistrate Judge Autumn D. Spaeth will be conducted telephonically. Call information will be provided by separate email. ***NOTE: During the telephonic hearing, counsel must identify themselves before they speak for the benefit of the Court and the Court Recorder. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
January 4, 2022 Filing 548 MEMORANDUM in Support of APPLICATION to file document Exhibit A and Exhibit N in support of Opposition under seal #541 filed by Defendant Pandora Marketing, LLC. (Scheibe, Benjamin)
December 29, 2021 Filing 547 SUPPLEMENT to MOTION for Order for (1) To Enforce Prior Discovery Orders and Compel Defendant TSCs Further Production and Response to Requests for Production; and (2) For Award of Expenses #535 Supplemental Memorandum filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Delgado, Nicole)
December 29, 2021 Filing 546 NOTICE OF MOTION AND MOTION to Supplement DEFENDANT TIMESHARE COMPLIANCES SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION TO ENFORCE PRIOR DISCOVERY ORDERS AND COMPEL TSCS FURTHER PRODUCTION AND RESPONSE TO REQUESTS FOR PRODUCTION re MOTION for Order for (1) To Enforce Prior Discovery Orders and Compel Defendant TSCs Further Production and Response to Requests for Production; and (2) For Award of Expenses #535 filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 1/12/2022 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Exhibit EXHIBIT A IN SUPPORT OF DEFENDANT TIMESHARE COMPLIANCES SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION TO ENFORCE PRIOR DISCOVERY ORDERS AND COMPEL TSCS FURTHER PRODUCTION AND RESPONSE TO REQUESTS FOR PRODUCTION)(Scheibe, Benjamin)
December 29, 2021 Filing 545 MEMORANDUM in Opposition to MOTION for Order for to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group #536 filed by Defendant Intermarketing Media, LLC. (Pinckes, Randi)
December 29, 2021 Filing 544 SUPPLEMENT to MOTION for Order for to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group #536 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Delgado, Nicole)
December 28, 2021 Filing 543 PROOF OF SERVICE filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company), re Sealed Declaration in SupportDeclaration,, #542 served on December 28, 2021. (Delgado, Nicole)
December 28, 2021 Filing 542 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit A and Exhibit N in support of Opposition under seal #541 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Unredacted Document Exhibit A, #2 Unredacted Document Exhibit N)(Delgado, Nicole)
December 28, 2021 Filing 541 APPLICATION to file document Exhibit A and Exhibit N in support of Opposition under seal filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Redacted Document Exhibit A, #2 Redacted Document Exhibit N, #3 Proposed Order re Plaintiffs Application for Leave to File Under Seal Exhibits in Support of Diamonds Opposition of TSCs and Ashleigh Matuas Motion to Quash Deposition Subpoena for Personal Appearance by Nonparty Ashleigh L. Matua or Alternatively for Protective Order)(Delgado, Nicole)
December 28, 2021 Filing 540 OPPOSITION to TSCS and Ashleigh Matuas Motion to Quash Deposition Subpoena for Personal Appearance by Nonparty Ashleigh L. Matua or Alternatively for Protective Order re: MOTION to Quash Subpoena for NOTICE OF MOTION AND MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE BY NONPARTY ASHLEIGH L. MATUA OR ALTERNATIVELY FOR PROTECTIVE ORDER; MEMORANDUM OF POINTS AND AUTHORITIES #534 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of Douglas A. Vonderhaar in Support Diamonds Opposition of TSCs and Ashleigh Matuas Motion to Quash Deposition Subpoena for Personal Appearance by Nonparty Ashleigh L. Matua or Alternatively for Protective Order, #2 Exhibit A to Declaration of Douglas A. Vonderhaar, #3 Exhibit B to Declaration of Douglas A. Vonderhaar, #4 Exhibit C to Declaration of Douglas A. Vonderhaar, #5 Exhibit D to Declaration of Douglas A. Vonderhaar, #6 Exhibit E to Declaration of Douglas A. Vonderhaar, #7 Exhibit F to Declaration of Douglas A. Vonderhaar, #8 Exhibit G to Declaration of Douglas A. Vonderhaar, #9 Exhibit H to Declaration of Douglas A. Vonderhaar, #10 Exhibit I to Declaration of Douglas A. Vonderhaar, #11 Exhibit J to Declaration of Douglas A. Vonderhaar, #12 Exhibit K to Declaration of Douglas A. Vonderhaar, #13 Exhibit L to Declaration of Douglas A. Vonderhaar, #14 Exhibit M to Declaration of Douglas A. Vonderhaar, #15 Exhibit N to Declaration of Douglas A. Vonderhaar)(Delgado, Nicole)
December 22, 2021 Filing 539 PROOF OF SERVICE filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company), re Sealed Declaration in SupportDeclaration,, #538 served on December 22, 2021. (Delgado, Nicole)
December 22, 2021 Filing 538 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit Y to Motion to Enforce and Compel under seal #537 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Unredacted Document Exhibit Y)(Delgado, Nicole)
December 22, 2021 Filing 537 APPLICATION to file document Exhibit Y to Motion to Enforce and Compel under seal filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Redacted Document Exhibit Y, #2 Proposed Order re Plaintiffs Application for Leave to File Under Seal an Exhibit in Support of Motion to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group)(Delgado, Nicole)
December 22, 2021 Filing 536 NOTICE OF MOTION AND MOTION for Order for to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). Motion set for hearing on 1/12/2022 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation re Plaintiffs Motion to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group, #2 Declaration of Marissa A. Peirsol in Support of Plaintiffs Motion to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group, #3 Exhibit A to the Declaration of Marissa A. Peirsol, #4 Exhibit B to the Declaration of Marissa A. Peirsol, #5 Exhibit C to the Declaration of Marissa A. Peirsol, #6 Exhibit D to the Declaration of Marissa A. Peirsol, #7 Exhibit E to the Declaration of Marissa A. Peirsol, #8 Exhibit F to the Declaration of Marissa A. Peirsol, #9 Exhibit G to the Declaration of Marissa A. Peirsol, #10 Exhibit H to the Declaration of Marissa A. Peirsol, #11 Exhibit I to the Declaration of Marissa A. Peirsol, #12 Exhibit J to the Declaration of Marissa A. Peirsol, #13 Exhibit K to the Declaration of Marissa A. Peirsol, #14 Exhibit L to the Declaration of Marissa A. Peirsol, #15 Exhibit M to the Declaration of Marissa A. Peirsol, #16 Exhibit N to the Declaration of Marissa A. Peirsol, #17 Exhibit O to the Declaration of Marissa A. Peirsol, #18 Exhibit P to the Declaration of Marissa A. Peirsol, #19 Exhibit Q to the Declaration of Marissa A. Peirsol, #20 Exhibit R to the Declaration of Marissa A. Peirsol, #21 Exhibit S to the Declaration of Marissa A. Peirsol, #22 Exhibit T to the Declaration of Marissa A. Peirsol, #23 Exhibit U to the Declaration of Marissa A. Peirsol, #24 Exhibit V to the Declaration of Marissa A. Peirsol, #25 Exhibit W to the Declaration of Marissa A. Peirsol, #26 Exhibit X to the Declaration of Marissa A. Peirsol, #27 Exhibit Y to the Declaration of Marissa A. Peirsol, #28 Exhibit Z to the Declaration of Marissa A. Peirsol, #29 Exhibit AA to the Declaration of Marissa A. Peirsol, #30 Exhibit BB to the Declaration of Marissa A. Peirsol, #31 Exhibit CC to the Declaration of Marissa A. Peirsol, #32 Exhibit DD to the Declaration of Marissa A. Peirsol, #33 Declaration of Randi E. Pinckes in Support of Defendant Intermarketing Media, LLCs Opposition to Plaintiffs Motion to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group, #34 Exhibit 1 to the Declaration of Randi E. Pinckes, #35 Exhibit 2 to the Declaration of Randi E. Pinckes, #36 Exhibit 3 to the Declaration of Randi E. Pinckes, #37 Declaration of Catherine Tan in Support of Defendant Intermarketing Media, LLCs Opposition to Plaintiffs Motion to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group, #38 Proposed Order Granting Plaintiffs Motion to Enforce Prior Discovery Orders and Compel Production of Documents and Testimony against Resort Advisory Group)(Delgado, Nicole)
December 22, 2021 Filing 535 NOTICE OF MOTION AND MOTION for Order for (1) To Enforce Prior Discovery Orders and Compel Defendant TSCs Further Production and Response to Requests for Production; and (2) For Award of Expenses filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). Motion set for hearing on 1/12/2022 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation re: Plaintiffs Motion (1) To Enforce Prior Discovery Orders and Compel Defendant TSCs Further Production and Response to Requests for Production; and (2) For Award of Expenses, #2 Declaration of Nicole C. Delgado in Support of Plaintiffs Motion (1) To Enforce Prior Discovery Orders and Compel Defendant TSCs Further Production and Response to Requests for Production; and (2) For Award of Expenses, #3 Exhibit A to the Declaration of Nicole C. Delgado, #4 Exhibit B to the Declaration of Nicole C. Delgado, #5 Exhibit C to the Declaration of Nicole C. Delgado, #6 Exhibit D to the Declaration of Nicole C. Delgado, #7 Exhibit E to the Declaration of Nicole C. Delgado, #8 Exhibit F to the Declaration of Nicole C. Delgado, #9 Exhibit G to the Declaration of Nicole C. Delgado, #10 Exhibit H to the Declaration of Nicole C. Delgado, #11 Exhibit I to the Declaration of Nicole C. Delgado, #12 Exhibit J to the Declaration of Nicole C. Delgado, #13 Exhibit K to the Declaration of Nicole C. Delgado, #14 Exhibit L to the Declaration of Nicole C. Delgado, #15 Exhibit M to the Declaration of Nicole C. Delgado, #16 Exhibit N to the Declaration of Nicole C. Delgado, #17 Exhibit O to the Declaration of Nicole C. Delgado, #18 Declaration of Emily Lilburn in Support of Defendant Timeshare Compliance Services, LLCs Opposition to Plaintiffs Motion to Enforce Prior Discovery Orders and Compel TSCs Further Production and Response to Requests for Production, #19 Exhibit A to the Declaration of Emily Lilburn, #20 Exhibit B to the Declaration of Emily Lilburn, #21 Exhibit C to the Declaration of Emily Lilburn, #22 Declaration of Catherine Tan in Support of Defendant TimeShare Compliance Services, LLCs Opposition to Plaintiffs Motion to Enforce Prior Discovery Orders and Compel TSCs Further Production and Response to Requests for Production, #23 Proposed Order Granting Plaintiffs Motion (1) To Enforce Prior Discovery Orders and Compel Defendant TSCs Further Production and Response to Requests for Production; and (2) For Award of Expenses)(Delgado, Nicole)
December 17, 2021 Filing 534 NOTICE OF MOTION AND MOTION to Quash Subpoena for NOTICE OF MOTION AND MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE BY NONPARTY ASHLEIGH L. MATUA OR ALTERNATIVELY FOR PROTECTIVE ORDER; MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant Pandora Marketing, LLC, Ashleigh L. Matua. Motion set for hearing on 1/19/2022 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Declaration DECLARATION OF ASHLEIGH L. MATUA IN SUPPORT OF MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE BY ASHLEIGH L. MATUA OR ALTERNATIVELY FOR PROTECTIVE ORDER, #2 Declaration DECLARATION OF BENJAMIN D. SCHEIBE IN SUPPORT OF MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE BY ASHLEIGH L. MATUA OR ALTERNATIVELY FOR PROTECTIVE ORDER, #3 Proposed Order [PROPOSED] ORDER GRANTING MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE BY NONPARTY ASHLEIGH MATUA OR ALTERNATIVELY FOR PROTECTIVE ORDER)(Attorney Eric A Westlund added to party Ashleigh L. Matua(pty:misc))(Westlund, Eric)
December 10, 2021 Opinion or Order Filing 533 TEXT ONLY ENTRY (IN CHAMBERS) ORDER REQUIRING STIPULATED ORDER by Magistrate Judge Autumn D. Spaeth: The Court is in receipt of Defendants Notice of Lodging Proposed Order on Motion to Compel #531 . The Court orders counsel to re-submit as a proposed stipulated order confirming Plaintiffs consent as to form. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
December 10, 2021 Opinion or Order Filing 532 ORDER GRANTING STIPULATION RE PLAINTIFFS' EXTENSION OF PRODUCTION DATE FOR DOCUMENT PRODUCTIONS COMPELLED BY NOVEMBER 17 AND 18, 2021 ORDERS by Magistrate Judge Autumn D. Spaeth re Stipulation to Produce #530 . Plaintiffs' deadline to comply with the November 17 and 18, 2021 Order is extended to Friday, December 17, 2021. (kh)
December 10, 2021 Filing 531 NOTICE OF LODGING filed Proposed Order re Order on Motion to Compel,,, Motion Hearing,, #505 (Attachments: #1 Proposed Order)(Scheibe, Benjamin)
December 10, 2021 Filing 530 STIPULATION to Produce re Plaintiffs Extension of Production Date for Document Productions Compelled by November 17 and 18, 2021 Orders filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order Granting Stipulation re Plaintiffs Extension of Production Date for Document Productions Compelled by November 17 and 18, 2021 Orders)(Delgado, Nicole)
December 9, 2021 Filing 529 TRANSCRIPT ORDER as to Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company) for Court Smart (CS). Court will contact Pamela Hubbard at phubbard@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Delgado, Nicole)
December 9, 2021 Filing 528 NOTICE OF FILING TRANSCRIPT filed for proceedings 11-18-21 re Transcript #527 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Montes, Janelly) TEXT ONLY ENTRY
December 9, 2021 Filing 527 TRANSCRIPT for proceedings held on 11-18-21. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder 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 12/30/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/9/2022. (Montes, Janelly)
December 9, 2021 Filing 526 NOTICE OF FILING TRANSCRIPT filed for proceedings 11-17-21 re Transcript #525 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Montes, Janelly) TEXT ONLY ENTRY
December 9, 2021 Filing 525 TRANSCRIPT for proceedings held on 11-17-21. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder 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 12/30/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/9/2022. (Montes, Janelly)
December 8, 2021 Filing 524 TRANSCRIPT ORDER as to Defendant Pandora Marketing, LLC for Court Smart (CS). Court will contact Rosa Irajpanah at rirajpanah@bgrfirm.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Scheibe, Benjamin)
December 3, 2021 Opinion or Order Filing 523 MINUTES (IN CHAMBERS) (IN CHAMBERS) FURTHER ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PROTECTIVE ORDER RE: TSC AND RAG'S NOTICES OF TAKING DEPOSITIONS OF PLAINTIFFS [494 by Magistrate Judge Autumn D. Spaeth. **See Order for Details** (kh)
December 3, 2021 Opinion or Order Filing 522 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Dale S. Fischer: granting #521 Request to Substitute Attorney Benjamin D Scheibe for Pandora Marketing, LLC. as attorney of record instead of Attorneys Jonathan Steven Parrott and Andrew D. Stolper. (lom)
December 3, 2021 Filing 521 REQUEST TO WITHDRAW ATTORNEY Andrew D. Stolper and Jonathan Parrott of Frank Sims & Stolper LLP as counsel of record for Pandora Marketing, LLC d/b/a Timeshare Compliance filed by Defendant Pandora Marketing, LLC. (Attachments: #1 Proposed Order) (Stolper, Andrew)
December 3, 2021 Filing 520 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk of Court. The document is stricken and counsel is ordered to file an amended or corrected document by 12/8/2021. #517 and #519 (rfi)
December 3, 2021 Filing 519 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO WITHDRAW ATTORNEY Andrew D. Stolper & Jonathan Parrott as counsel of record for Pandora Marketing, LLC d/b/a Timeshare Compliance #517 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (shb)
December 2, 2021 Opinion or Order Filing 518 Order GRANTING Motion to Modify Scheduling Order and Continue Trial Date (Dkt. 498) by Judge Dale S. Fischer: The Court GRANTS Diamonds motion to modify the scheduling order. However, some of the proposed dates do not comply with this Courts scheduling requirements. Therefore, the schedule is modified as follows: Document Discovery Cut-off - January 17, 2022. Expert Discovery Cut-off - March 21, 2022. Motion Hearing Cutoff - April 25, 2022. Pretrial Conference - May 17, 2022 at 3:00 p.m.; trial Date - June 20, 2022 at 8:30 a.m. IT IS SO ORDERED. See order for more information. (shb)
December 2, 2021 Filing 517 REQUEST TO WITHDRAW ATTORNEY Andrew D. Stolper & Jonathan Parrott as counsel of record for Pandora Marketing, LLC d/b/a Timeshare Compliance filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
December 2, 2021 Filing 516 MINUTES OF DIAMOND PLAINTIFFS' MOTION FOR PROTECTIVE ORDER RE: TSC AND RAG'S NOTICES OF TAKING DEPOSITIONS OF PLAINTIFFS #494 Hearing held before Magistrate Judge Autumn D. Spaeth: Case is called for hearing. Appearances entered. Argument by counsel. Plaintiffs motion #494 is GRANTED IN PART, DENIED IN PART as reflected on the record, and TAKEN UNDER SUBMISSION as to the remaining issues. Court Recorder: CS 12/02/2021. (kh)
December 1, 2021 Filing 515 TRANSCRIPT ORDER as to Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company) for Court Smart (CS). Court will contact Pamela Hubbard at phubbard@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Delgado, Nicole)
November 30, 2021 Opinion or Order Filing 514 ORDER by Judge Dale S. Fischer: GRANTING #512 Non-Resident Attorney Emily Lilburn APPLICATION to Appear Pro Hac Vice on behalf of Defendant Pandora Marketing, LLC, designating Benjamin D. Scheibe as local counsel. (shb)
November 30, 2021 Filing 513 MINUTES OF DIAMOND PLAINTIFFS' MOTION FOR PROTECTIVE ORDER RE: TSC AND RAG'S NOTICES OF TAKING DEPOSITIONS OF PLAINTIFFS #494 Hearing held before Magistrate Judge Autumn D. Spaeth: Case is called for hearing. Appearances entered. Argument by counsel. Matter continued to December 2, 2021 at 10:00 a.m. The matter will be conducted telephonically under the same teleconference information previously provided. Court Recorder: CS 11/30/2021. (kh)
November 30, 2021 Filing 512 APPLICATION of Non-Resident Attorney Emily Lilburn to Appear Pro Hac Vice on behalf of Defendant Pandora Marketing, LLC (Pro Hac Vice Fee - $500 Previously Paid on 11/22/2021, Receipt No. 6219127) filed by Defendant Pandora Marketing, LLC. (Attachments: #1 Proposed Order) (Scheibe, Benjamin)
November 29, 2021 Filing 511 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Emily Lilburn to Appear Pro Hac Vice on behalf of Defendant Pandora Marketing, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32369729) #506 by Clerk of Court to Judge Dale S. Fischer. The document is stricken and counsel is ordered to file an amended or corrected document by 12/6/2021. (jp)
November 29, 2021 Filing 510 SUPPLEMENT to MOTION for Protective Order for Granting Plaintiffs Motion for Protective Order Re: TSC and RAGs Notices of Taking Depositions of Plaintiffs Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts Hawaii Collection Development, LLC #494 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1)(Delgado, Nicole)
November 24, 2021 Filing 509 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Emily Lilburn to Appear Pro Hac Vice on behalf of Defendant Pandora Marketing, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32369729) #506 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (sbou)
November 23, 2021 Filing 508 TEXT ONLY ENTRY TELEPHONIC SCHEDULING NOTICE: The hearing on Plaintiffs' Motion for Protective Order #494 , presently set for hearing on November 30, 2021 at 10:00am before Magistrate Judge Autumn D. Spaeth will be conducted telephonically. Call information will be provided by separate email. ***NOTE: During the telephonic hearing, counsel must identify themselves before they speak for the benefit of the Court and the Court Recorder. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
November 22, 2021 Filing 507 REPLY in support of NOTICE OF MOTION AND MOTION for Order for to Modify Amended Scheduling Order and Continue Trial Date #498 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of Nicole C. Delgado in support of Reply, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Delgado, Nicole)
November 22, 2021 Filing 506 APPLICATION of Non-Resident Attorney Emily Lilburn to Appear Pro Hac Vice on behalf of Defendant Pandora Marketing, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32369729) filed by Defendant Pandora Marketing, LLC. (Attachments: #1 Proposed Order) (Scheibe, Benjamin)
November 18, 2021 Filing 505 MINUTES OF DEFENDANT PANDORA'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SET FIVE) AND TO PRODUCE DOCUMENTS #489 Hearing held before Magistrate Judge Autumn D. Spaeth: Defendant's motion #489 is GRANTED IN PART, DENIED IN PART as reflected on the record. Supplemental responses and production of documents is ordered due on or before December 10, 2021. Counsel for Defendant shall prepare and lodge a proposed order consistent with the Court's ruling. Court Recorder: CS 11/18/2021. (kh)
November 17, 2021 Filing 504 MINUTES OF DEFENDANT PANDORA'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SET FIVE) AND TO PRODUCE DOCUMENTS #489 Hearing held before Magistrate Judge Autumn D. Spaeth: Case is called for hearing. Appearances entered. Argument by counsel. Matter continued to November 18, 2021 at 1:30 p.m. The matter will be conducted telephonically under the same teleconference information previously provided. Court Recorder: CS 11/17/2021. (kh)
November 16, 2021 Filing 503 TEXT ONLY SCHEDULING NOTICE RE: DISCOVERY MOTION by Magistrate Judge Autumn D. Spaeth: Defendant's Motion to Compel #489 , is continued AS TO TIME ONLY, from November 17, 2021 at 10:00 a.m., to November 17, 2021 at 2:00 p.m. The matter will be held telephonically. Call in information shall be provided by separate email. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
November 15, 2021 Filing 502 JOINT OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for to Modify Amended Scheduling Order and Continue Trial Date #498 filed by Defendant Intermarketing Media, LLC. (Attachments: #1 Declaration Jonathan Parrott, #2 Declaration Randi Pinckes, #3 Exhibit A to Declaration of Randi Pinckes, #4 Exhibit B to Declaration of Randi Pinckes, #5 Exhibit C to Declaration of Randi Pinckes, #6 Exhibit D to 'Declaration of Randi Pinckes, #7 Exhibit E to Declaration of Randi Pinckes, #8 Exhibit F to Declaration of Randi Pinckes, #9 Declaration Eric Westlund, #10 Exhibit A to Declaration of Eric Westlund, #11 Exhibit B to Declaration of Eric Westlund, #12 Exhibit c to Declaration of Eric Westlund, #13 Exhibit D to Declaration of Eric Westlund, #14 Exhibit E to Declaration of Eric Westlund)(Pinckes, Randi)
November 15, 2021 Filing 501 OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for to Modify Amended Scheduling Order and Continue Trial Date #498 filed by Defendants JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. (Hall, David)
November 12, 2021 Filing 500 REPLY in support of a MOTION for Protective Order for Granting Plaintiffs Motion for Protective Order Re: TSC and RAGs Notices of Taking Depositions of Plaintiffs Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts Hawaii Collection Development, LLC #494 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Delgado, Nicole)
November 8, 2021 Filing 499 PANDORA MARKETING, LLC AND INTERMARKETING MEDIA, LLC'S JOINT OPPOSITION re: MOTION for Protective Order for Granting Plaintiffs Motion for Protective Order Re: TSC and RAGs Notices of Taking Depositions of Plaintiffs Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts Hawaii Collection Development, LLC #494 filed by Defendant Intermarketing Media, LLC. (Attachments: #1 Declaration Randi E. Pinckes, #2 Exhibit A to Declaration of Randi Pinckes, #3 Exhibit B to Declaration of Randi Pinckes, #4 Exhibit C to Declaration of Randi Pinckes, #5 Exhibit D to Declaration of Randi Pinckes, #6 Exhibit E to Declaration of Randi Pinckes, #7 Exhibit F to Declaration of Randi Pinckes, #8 Exhibit G to Declaration of Randi Pinckes, #9 Exhibit H to Declaration of Randi Pinckes)(Pinckes, Randi)
November 8, 2021 Filing 498 NOTICE OF MOTION AND MOTION for Order for to Modify Amended Scheduling Order and Continue Trial Date filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). Motion set for hearing on 12/6/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs Motion to Modify Amended Scheduling Order and Continue Trial Date, #2 Declaration of Albert G. Lin in Support of Plaintiffs Motion to Modify Amended Scheduling Order and Continue Trial Date, #3 Exhibit to the Declaration of Albert G. Lin, #4 Proposed Order Granting Motion to Modify Amended Scheduling Order and Continue Trial Date) (Delgado, Nicole)
November 4, 2021 Opinion or Order Filing 497 TEXT ONLY ENTRY (IN CHAMBERS) ORDER ADVANCING MOTION HEARING by Magistrate Judge Autumn D. Spaeth: Plaintiffs' Motion for Protective Order #494 , currently scheduled for hearing on December 1, 2021, is ADVANCED to November 30, 2021 at 10:00 a.m. before Judge Spaeth in Santa Ana, Courtroom 6A. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
November 3, 2021 Opinion or Order Filing 496 ORDER DENYING DIAMOND'S EX PARTE APPLICATION FOR STAY OF DEPOSITIONS UNTIL RESOLUTION OF MOTION FOR PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth: denying #493 Ex Parte Application for Order. (See Order for details) (kh)
November 2, 2021 Filing 495 PANDORA MARKETING, LLC AND INTERMARKETING MEDIA, LLC'S JOINT OPPOSITION re: EX PARTE APPLICATION for Order for Stay of Depositions until Resolution of Motion for Protective Order #493 filed by Defendant Intermarketing Media, LLC. (Attachments: #1 Declaration Randi E. Pinckes, #2 Exhibit A to Declaration of Randi Pinckes, #3 Exhibit B to Declaration of Randi Pinckes, #4 Exhibit C to Declaration of Randi Pinckes, #5 Exhibit D to Declaration of Randi Pinckes, #6 Exhibit E to Declaration of Randi Pinckes, #7 Exhibit F to Declaration of Randi Pinckes, #8 Exhibit G to Declaration of Randi Pinckes)(Pinckes, Randi)
November 1, 2021 Filing 494 NOTICE OF MOTION AND MOTION for Protective Order for Granting Plaintiffs Motion for Protective Order Re: TSC and RAGs Notices of Taking Depositions of Plaintiffs Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts Hawaii Collection Development, LLC filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). Motion set for hearing on 12/1/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Memorandum Of Points And Authorities In Support Of Diamonds Motion For Protective Order Re: TSC And RAGS Notices Of Taking Depositions Of Plaintiffs Diamond Resorts U.S. Collection Development, LLC AND Diamond Resorts Hawaii Collection Development, LLC, #2 Declaration of Nicole C. Delgado in Support of Diamonds Motion for Protective Order Re: TSC and RAGs Notices of Taking Depositions of Plaintiffs Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts Hawaii Collection Development, LLC, #3 Exhibit A to Declaration of Nicole C. Delgado in Support of Diamonds Motion for Protective Order, #4 Exhibit B to Declaration of Nicole C. Delgado in Support of Diamonds Motion for Protective Order, #5 Exhibit C to Declaration of Nicole C. Delgado in Support of Diamonds Motion for Protective Order, #6 Exhibit D to Declaration of Nicole C. Delgado in Support of Diamonds Motion for Protective Order, #7 Exhibit E to Declaration of Nicole C. Delgado in Support of Diamonds Motion for Protective Order, #8 Exhibit F to Declaration of Nicole C. Delgado in Support of Diamonds Motion for Protective Order, #9 Exhibit G to Declaration of Nicole C. Delgado in Support of Diamonds Motion for Protective Order, #10 Proposed Order Granting Plaintiffs Motion for Protective Order Re: TSC and RAGs Notices of Taking Depositions of Plaintiffs Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts Hawaii Collection Development, LLC)(Delgado, Nicole)
November 1, 2021 Filing 493 EX PARTE APPLICATION for Order for Stay of Depositions until Resolution of Motion for Protective Order filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). (Attachments: #1 Declaration of Nicole C. Delgado in Support of Diamonds Ex Parte Application for Stay of Depositions until Resolution of Motion for Protective Order, #2 Exhibit A to to Declaration of Nicole C. Delgado Diamonds Ex Parte Application for Stay of Depositions until Resolution of Motion for Protective Order, #3 Exhibit B to to Declaration of Nicole C. Delgado Diamonds Ex Parte Application for Stay of Depositions until Resolution of Motion for Protective Order, #4 Exhibit C to to Declaration of Nicole C. Delgado Diamonds Ex Parte Application for Stay of Depositions until Resolution of Motion for Protective Order, #5 Proposed Order Granting Ex Parte Application for Stay of Depositions until Resolution of Motion for Protective Order)(Delgado, Nicole)
October 20, 2021 Filing 492 MEMORANDUM in Support of MOTION to Compel Further Responses to Requests for Production of Documents (Set Five) and to Produce Documents #489 SUPPLEMENTAL MEMORANDUM RE JOINT STIPULATION REGARDING MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SET FIVE filed by Defendant Pandora Marketing, LLC. (George, Eric)
October 15, 2021 Opinion or Order Filing 491 TEXT ONLY ENTRY (IN CHAMBERS) ORDER RE CONTINUANCE by Magistrate Judge Autumn D. Spaeth: The Motion to Compel #489 , currently scheduled for hearing on November 3, 2021, is CONTINUED to November 17, 2021 at 10:00 a.m. before Judge Spaeth in Santa Ana, Courtroom 6B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
October 13, 2021 Opinion or Order Filing 490 ORDER by Judge Dale S. Fischer GRANTING Request for Approval of Substitution of Attorneys David Hall for Defendants Slattery Sobel and DeCamp, LLC, Del mar law Group, LLP, Carlsbad Law Group, LLP, and JL "Sean' Slattery, Esq., in place and stead of Attorneys Kyle J Waldie; Gregory Brian Emdee and James J Kjar #488 . (jp)
October 12, 2021 Filing 489 NOTICE OF MOTION AND MOTION to Compel Further Responses to Requests for Production of Documents (Set Five) and to Produce Documents filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 11/3/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation Re Defendant Pandora's Motion to Compel Further Responses to Requests for Production of Documents (Set Five) and to Produce Documents, #2 Declaration of Jonathan Parrott, #3 Declaration of Antonio L. Argiz, #4 Declaration of Nicole Cherie Delgado)(Stolper, Andrew)
October 12, 2021 Filing 488 REQUEST TO SUBSTITUTE ATTORNEY David Hall in place of attorney James Kjar filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. (Attachments: #1 Proposed Order Proposed Order) (Waldie, Kyle)
October 8, 2021 Opinion or Order Filing 487 ORDER DENYING DEFENDANT PANDORA MARKETING'S MOTION FOR PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth: denying #470 Motion for Protective Order. (see document for details) (hr)
October 6, 2021 Opinion or Order Filing 486 MINUTE (IN CHAMBERS) ORDER GRANTING DEFENDANT'S MOTION FOR EXTENSION OF TIME by Magistrate Judge Autumn D. Spaeth: granting #472 Motion for Extension of Time to Produce Documents. (see document for details) (hr)
October 6, 2021 Opinion or Order Filing 485 TEXT ONLY ENTRY (IN CHAMBERS) ORDER VACATING MOTION HEARING AND TAKING MATTER UNDER SUBMISSION by Magistrate Judge Autumn D. Spaeth: The Court finds Defendants Motion for Extension of Time #472 appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. Accordingly, the hearing set for October 13, 2021 is removed from the Court's calendar and no appearance is required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
September 28, 2021 Filing 484 TEXT ONLY ENTRY (IN CHAMBERS) RE MOTION FOR EXTENSION OF TIME by Magistrate Judge Autumn D. Spaeth: The hearing on Defendant's Motion for Extension of Time to File and Produce Documents #472 , presently set for hearing on October 6, 2021, is CONTINUED to October 13, 2021 at 10:00am before Magistrate Judge Spaeth. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
September 24, 2021 Filing 483 Notice of Appearance or Withdrawal of Counsel: for attorney Eric A Westlund counsel for Defendant Pandora Marketing, LLC. Adding Eric A. Westlund as counsel of record for Defendant Pandora Marketing, LLC d/b/a Timeshare Compliance for the reason indicated in the G-123 Notice. Filed by Defendant Pandora Marketing, LLC d/b/a Timeshare Compliance. (Attorney Eric A Westlund added to party Pandora Marketing, LLC(pty:dft))(Westlund, Eric)
September 23, 2021 Filing 482 Notice of Appearance or Withdrawal of Counsel: for attorney Eric M George counsel for Defendant Pandora Marketing, LLC. Adding Eric M. George as counsel of record for Defendant Pandora Marketing, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Pandora Marketing, LLC. (Attorney Eric M George added to party Pandora Marketing, LLC(pty:dft))(George, Eric)
September 23, 2021 Filing 481 Notice of Appearance or Withdrawal of Counsel: for attorney Benjamin D Scheibe counsel for Defendant Pandora Marketing, LLC. Adding Benjamin D. Scheibe as counsel of record for Defendant Pandora Marketing, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Pandora Marketing, LLC. (Attorney Benjamin D Scheibe added to party Pandora Marketing, LLC(pty:dft))(Scheibe, Benjamin)
September 15, 2021 Opinion or Order Filing 480 TEXT ONLY ENTRY (IN CHAMBERS) ORDER VACATING MOTION HEARING AND TAKING MATTER UNDER SUBMISSION by Magistrate Judge Autumn D. Spaeth: The Court finds Defendant's Motion for Protective Order #470 appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. Accordingly, the hearing set for September 22, 2021 is removed from the Court's calendar and no appearance is required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
September 9, 2021 Filing 479 OPPOSITION to MOTION for Extension of Time to File Produce Documents #472 Diamonds Request for (1) Summary Dismissal of Defendant's Motion for an Extension of Time to Produce Documents Per Court Order and (2) Monetary Sanctions; Supporting Declaration of Nicole Cherie Delgado filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A)(Delgado, Nicole)
September 9, 2021 Filing 478 NOTICE of Association of Counsel associating attorney David P. Hall and Randall Stepp on behalf of Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. Filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC (Waldie, Kyle)
September 9, 2021 Filing 477 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Association of Counsel, #473 . The following error(s) was/were found: Notice of Association not signed by Carlsbad Law Group LLP. 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. (ak)
September 8, 2021 Filing 476 SUPPLEMENT to MOTION for Protective Order for Number and Length of Depositions #470 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Delgado, Nicole)
September 8, 2021 Filing 475 SUPPLEMENT to MOTION for Protective Order for Number and Length of Depositions #470 filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
September 8, 2021 Opinion or Order Filing 474 ORDER DENYING PLAINTIFFS' MOTION FOR SANCTIONS FOR REASONABLE EXPENSES INCLUDING ATTORNEYS' FEES AGAINST THE LAWYER DEFENDANTS #355 by Magistrate Judge Autumn D. Spaeth. The Court finds that there are not sufficient grounds to award attorneys' fees and hereby denies Plaintiffs' Motion, [see document for details.] (et)
September 8, 2021 Filing 473 NOTICE of Association of Counsel associating attorney David P. Hall and Randall Stepp on behalf of Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. Filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC (Waldie, Kyle)
September 3, 2021 Filing 472 NOTICE OF MOTION AND MOTION for Extension of Time to File Produce Documents filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 10/6/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Parrott, Jonathan)
September 2, 2021 Filing 471 NOTICE OF MOTION re MOTION for Protective Order for Number and Length of Depositions #470 filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 9/22/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Proposed Order)(Stolper, Andrew)
September 1, 2021 Filing 470 NOTICE OF MOTION AND MOTION for Protective Order for Number and Length of Depositions filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 9/22/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Declaration of Jonathan Parrott, #2 Declaration of Nicole Cherie Delgado)(Stolper, Andrew)
August 27, 2021 Filing 469 MINUTES OF INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Autumn D. Spaeth: Informal Discovery Conference regarding Motion Re: Informal Discovery Dispute #468 . Conference held as reflected on the record. Court Recorder: CS 08/27/2021. (kh)
August 25, 2021 Filing 468 Motion Re: Informal Discovery Dispute. This matter is set for a Telephonic Informal Discovery Conference on August 27, 2021 at 11:00 a.m. before Magistrate Judge Autumn D. Spaeth. Call in information shall be provided by separate email. (kh)
August 23, 2021 Filing 467 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/4/21 re Transcript #466 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY
August 23, 2021 Filing 466 TRANSCRIPT for proceedings held on 8/4/21. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number 626-963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder 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 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021. (jlo)
August 20, 2021 Filing 465 Notice of Appearance or Withdrawal of Counsel: for attorney Johnny Lee Antwiler, II counsel for Defendants Intermarketing Media, LLC, Miranda McCroskey, Miranda Dempsey, APLC, Pandora Marketing, LLC, Unlock Legal, APLC. Johnny L. Antwiler is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Unlock Legal, APLC, Miranda McCroskey, Miranda Dempsey, APLC, Intermarketing Media, LLC, Pandora Marketing, LLC. (Antwiler, Johnny)
August 20, 2021 Filing 464 NOTICE Notice Of Public Filing Re: Order Denying Plaintiffs Application To File Under Seal Portions Of Exhibits In Support Of Motion To Enforce Prior Discovery Orders And Compel Production Of Documents Against The Exit Company Defendants [DKT. 458] filed by Plaintiffs and Counter-Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit D to the Declaration of Marissa Peirsol in Support of Diamonds Motion to Enforce Prior Discovery Orders and Compel Production of Documents against the Exit Company Defendants, filed on July 1, 2021 (Peirsol Declaration) [ECF No. 440-2] (previously filed under seal at ECF No. 442-1), #2 Exhibit UU to the Peirsol Declaration [ECF No. 440-2] (previously filed under seal at ECF Nos. 440-6 and 442-2), #3 Exhibit WW to the Peirsol Declaration [ECF No. 440-2] (previously filed under seal at ECF Nos. 440-49 and 442-3), #4 Exhibit YY to the Peirsol Declaration [ECF No. 440-2] (previously filed under seal at ECF No. 440-53))(Delgado, Nicole)
August 19, 2021 Opinion or Order Filing 463 ORDER APPROVING PLAINTIFFS' AND PANDORA MARKETING, LLC'S JOINT STIPULATION RE ESI PROTOCOL PURSUANT TO AUGUST 4, 2021 ORDER #460 by Magistrate Judge Autumn D. Spaeth. (see document for details) (hr)
August 19, 2021 Filing 462 TRANSCRIPT ORDER as to Plaintiffs and Counter-Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company) for Court Smart (CS). Court will contact Pamela Hubbard at phubbard@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Delgado, Nicole)
August 16, 2021 Filing 461 Notice of Appearance or Withdrawal of Counsel: for attorney Nicole Cherie Delgado counsel for Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Adding Nicole Delgado as counsel of record for Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, and Diamond Resorts International, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiffs and Counter-Defendants Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC, and Diamond Resorts International, Inc.. (Attorney Nicole Cherie Delgado added to party Diamond Resorts Hawaii Collection Development, LLC(pty:pla), Attorney Nicole Cherie Delgado added to party Diamond Resorts Hawaii Collection Development, LLC(pty:cd), Attorney Nicole Cherie Delgado added to party Diamond Resorts Hawaii Collection Development, LLC(pty:cd), Attorney Nicole Cherie Delgado added to party Diamond Resorts International, Inc.(pty:cd), Attorney Nicole Cherie Delgado added to party Diamond Resorts U.S. Collection Development, LLC(pty:cd), Attorney Nicole Cherie Delgado added to party Diamond Resorts U.S. Collection Development, LLC(pty:cd), Attorney Nicole Cherie Delgado added to party Diamond Resorts U.S. Collection Development, LLC(pty:pla), Attorney Nicole Cherie Delgado added to party Diamond Resorts U.S. Collection Development, LLC(pty:cd))(Delgado, Nicole)
August 6, 2021 Filing 460 Joint STIPULATION for Order Approving Joint Stipulation re ESI Protocol Pursuant to August 4, 2021 Order filed by Plaintiffs and Counter-Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order Approving Plaintiffs and Pandora Marketing, LLC's Joint Stipulation re ESI Protocol Pursuant to August 4, 2021)(Lin, Albert)
August 5, 2021 Filing 459 Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth Marie Treckler counsel for Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Elizabeth M. Treckler is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs and Counter-Defendants Diamond Resorts U.S. Collection Development, LLC; Diamond Resorts Hawaii Collection Development, LLC. (Treckler, Elizabeth)
August 4, 2021 Opinion or Order Filing 458 ORDER by Magistrate Judge Autumn D. Spaeth: denying #441 APPLICATION to Seal Document(s). The Court denies Diamond's Application [Dkt. No. 441] as to TSCs documents. (see document for details) (hr)
August 4, 2021 Filing 457 MINUTES OF PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ENFORCE PRIOR DISCOVERY ORDER #440 held before Magistrate Judge Autumn D. Spaeth. Argument heard. Plaintiffs' Motion #440 is GRANTED IN PART, DENIED IN PART as reflected on the record. Court Recorder: CS 08/04/2021. (hr)
August 3, 2021 Filing 456 TELEPHONIC SCHEDULING NOTICE: The hearing on Plaintiffs' Motion to Compel #440 , presently set for August 4, 2021 at 10:00am before Magistrate Judge Autumn D. Spaeth will be conducted telephonically. Call information will be provided by separate email. ***NOTE: During the telephonic hearing, counsel must identify themselves before they speak for the benefit of the Court and the Court Recorder. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
August 3, 2021 Opinion or Order Filing 455 ORDER by Judge Dale S. Fischer GRANTING Stipulation Re Amendment to Scheduling Order #454 . The Pretrial Conference is continued to 3/14/2022. The Trial is continued to 4/12/2022. See Order for specifics. (jp)
August 2, 2021 Filing 454 STIPULATION to Amendment to Scheduling Order Order,, Set/Reset Deadlines, #379 , Order on Motion to Continue, #341 filed by Plaintiff and Counter-Defendants Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order)(Treckler, Elizabeth)
July 27, 2021 Filing 453 MINUTES OF INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Autumn D. Spaeth: Informal Discovery Conference regarding Motion Re: Informal Discovery Dispute #450 . Conference held as reflected on the record. Court Recorder: CS 07/27/2021. (kh)
July 27, 2021 Opinion or Order Filing 452 ORDER by Judge Dale S. Fischer granting #451 Non-Resident Attorney Daniella E Martinez APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, designating Teresa C Chow as local counsel. (jp)
July 26, 2021 Filing 451 APPLICATION of Non-Resident Attorney Daniella E. Martinez to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31696032) filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Chow, Teresa)
July 26, 2021 Filing 450 Motion Re: Informal Discovery Dispute. This matter is set for a Telephonic Informal Discovery Conference on July 27, 2021 at 10:30 a.m. before Magistrate Judge Autumn D. Spaeth. Call in information shall be provided by separate email. (kh)
July 21, 2021 Filing 449 SUPPLEMENT to MOTION to Compel Production of Documents and Enforce Prior Discovery Order #440 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of M. Peirsol ISO Motion to Enforce and Compel, #2 Exhibit A to Declaration of M. Peirsol)(Lin, Albert)
July 21, 2021 Filing 448 ANSWER to Amended Counterclaim,, #443 filed by Counter-Defendants Diamond Resorts Hawaii Collection Development, LLC(a Delaware limited liability company), Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company).(Lin, Albert)
July 21, 2021 Filing 447 SUPPLEMENT to MOTION to Compel Production of Documents and Enforce Prior Discovery Order #440 filed by Defendants Intermarketing Media, LLC, Pandora Marketing, LLC. (Stolper, Andrew)
July 16, 2021 Filing 446 NOTICE of Interested Parties filed by Defendants, Slattery Sobel & Decamp, LLP, Del Mar Law Group, LLP, Carlsbad Law Group, LLP and JL "Sean" Slattery, Esq. Slattery, Sobel and DeCamp, LLC, identifying Diamond Resorts U.S. Collection Development, LLC and Diamond, Resorts Hawaii Collection Development, LLC, Bluegreen Vacations Corporation, The Montgomery Law Firm, LLC, Montgomery & Newcomb, LLC, M. Scott Montgomery, W. Todd Newcomb. (Waldie, Kyle)
July 16, 2021 Opinion or Order Filing 445 TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer. Certain parties filed an answer to Plaintiffs Fourth Amended Complaint on June 24, 2021. (Dkt #435 .) A Notice to Filer of Deficiencies was docketed on June 25, 2021 advising counsel of deficiencies and the failure to follow the Local Rules of the Central District of California. (Dkt. #436 .) On June 28, 2021, this Court ordered counsel to file a Notice of Interested Parties (CV-30) by 7/2/21. (Dkt. #437 .) This Order has not been complied with. Failure to file a Notice of Interested Parties by July 23, 2021 will result in sanctions in the amount of $500. Future failures to comply with this Courts rules and orders will result in escalating sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY
July 9, 2021 Filing 444 Notice of Appearance or Withdrawal of Counsel: for attorney Jon R Schwalbach counsel for Defendant Slattery, Sobel and DeCamp, LLC. Jon R. Schwalbach is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Defendants, SLATTERY SOBEL & DECAMP, LLP; DEL MAR LAW GROUP, LLP; CARLSBAD LAW GROUP, LLP; AND JL SEAN SLATTERY, ESQ. (Schwalbach, Jon)
July 7, 2021 Filing 443 FOURTH AMENDED COUNTERCLAIM against Counter-defendants Diamond Resorts Hawaii Collection Development, LLC(a Delaware limited liability company), Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company) amending Amended Counterclaim,, #413 ; JURY DEMAND, filed by counter-claimant Intermarketing Media, LLC(a Wyoming limited liability company) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pinckes, Randi)
July 1, 2021 Filing 442 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document re Portions of Exhibits in Support of Motion to Enforce Prior Discovery Orders and Compel Production of Documents under seal #441 filed by Counter Defendant Diamond Resorts U.S. Collection Development, LLC, Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit D to Peirsol Declaration - Unredacted, #2 Exhibit UU to Peirsol Declaration - Unredacted, #3 Exhibit WW to Peirsol Declaration - Unredacted, #4 Exhibit YY to Peirsol Declaration - Unredacted)(Treckler, Elizabeth)
July 1, 2021 Filing 441 APPLICATION to file document re Portions of Exhibits in Support of Motion to Enforce Prior Discovery Orders and Compel Production of Documents under seal filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit D to Peirsol Declaration, #2 Exhibit UU to Peirsol Declaration, #3 Exhibit WW to Peirsol Declaration, #4 Exhibit YY to Peirsol Declaration, #5 Proposed Order)(Treckler, Elizabeth)
July 1, 2021 Filing 440 NOTICE OF MOTION AND MOTION to Compel Production of Documents and Enforce Prior Discovery Order filed by Plaintiffs and Counter-Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). Motion set for hearing on 8/4/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation re Motion to Enforce and Compel Production of Documents, #2 Declaration of M. Peirsol ISO Motion to Enforce and Compel Production of Documents, #3 Exhibit A to Peirsol Declaration, #4 Exhibit B to Peirsol Declaration, #5 Exhibit C to Peirsol Declaration, #6 Exhibit D to Peirsol Declaration, #7 Exhibit E to Peirsol Declaration, #8 Exhibit F to Peirsol Declaration, #9 Exhibit G to Peirsol Declaration, #10 Exhibit H to Peirsol Declaration, #11 Exhibit I to Peirsol Declaration, #12 Exhibit J to Peirsol Declaration, #13 Exhibit K to Peirsol Declaration, #14 Exhibit L to Peirsol Declaration, #15 Exhibit M to Peirsol Declaration, #16 Exhibit N to Peirsol Declaration, #17 Exhibit O to Peirsol Declaration, #18 Exhibit P to Peirsol Declaration, #19 Exhibit Q to Peirsol Declaration, #20 Exhibit R to Peirsol Declaration, #21 Exhibit S to Peirsol Declaration, #22 Exhibit T to Peirsol Declaration, #23 Exhibit U to Peirsol Declaration, #24 Exhibit V to Peirsol Declaration, #25 Exhibit W to Peirsol Declaration, #26 Exhibit X to Peirsol Declaration, #27 Exhibit Y to Peirsol Declaration, #28 Exhibit Z to Peirsol Declaration, #29 Exhibit AA to Peirsol Declaration, #30 Exhibit BB to Peirsol Declaration, #31 Exhibit CC to Peirsol Declaration, #32 Exhibit DD to Peirsol Declaration, #33 Exhibit EE to Peirsol Declaration, #34 Exhibit FF to Peirsol Declaration, #35 Exhibit GG to Peirsol Declaration, #36 Exhibit HH to Peirsol Declaration, #37 Exhibit II to Peirsol Declaration, #38 Exhibit JJ to Peirsol Declaration, #39 Exhibit KK to Peirsol Declaration, #40 Exhibit LL to Peirsol Declaration, #41 Exhibit MM to Peirsol Declaration, #42 Exhibit NN to Peirsol Declaration, #43 Exhibit OO to Peirsol Declaration, #44 Exhibit PP to Peirsol Declaration, #45 Exhibit QQ to Peirsol Declaration, #46 Exhibit RR to Peirsol Declaration, #47 Exhibit SS to Peirsol Declaration, #48 Exhibit TT to Peirsol Declaration, #49 Exhibit UU to Peirsol Declaration, #50 Exhibit VV to Peirsol Declaration, #51 Exhibit WW to Peirsol Declaration, #52 Exhibit XX to Peirsol Declaration, #53 Exhibit YY to Peirsol Declaration, #54 Exhibit ZZ to Peirsol Declaration, #55 Exhibit AAA to Peirsol Declaration, #56 Declaration of J. Parrott in Opposition to Motion to Enforce and Compel, #57 Declaration of R. Pinckes in Opposition to Motion to Enforce and Compel, #58 Declaration of C. Tan in Opposition to Motion to Enforce and Compel, #59 Proposed Order)(Lin, Albert)
June 29, 2021 Opinion or Order Filing 439 ORDER by Judge Dale S. Fischer GRANTING Stipulation Re Briefing Schedule for Counter-Defendants' Answer to Third Amended Counterclaim and Responsive Pleading to Fourth Amended Counterclaim #438 . See Order for specifics. (jp)
June 28, 2021 Filing 438 STIPULATION for Extension of Time to File Counter-Defendants' Answer to Third Amended Counterclaim and Responsive Pleading to Fourth Amended Counterclaim filed by Plaintiffs and Counter-Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order)(Lin, Albert)
June 28, 2021 Filing 437 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #436 by Judge Dale S. Fischer. The document #435 is accepted as filed. Counsel is ordered to file a Notice of Interested Parties (CV-30) by 7/2/2021. (dd)
June 25, 2021 Filing 436 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint, #435 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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)
June 24, 2021 Filing 435 ANSWER to Amended Complaint/Petition,,,,, #307 Answer to fourth amended complaint filed by Defendants, SLATTERY SOBEL & DECAMP, LLP; DEL MAR LAW GROUP, LLP; CARLSBAD LAW GROUP, LLP; AND JL SEAN SLATTERY, ESQ Slattery, Sobel and DeCamp, LLC.(Waldie, Kyle)
June 22, 2021 Filing 434 Notice of Appearance or Withdrawal of Counsel: for attorney Emily B Thomas counsel for Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Emily B. Thomas is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs and Counter-Defendants Diamond Resorts U.S. Collection Development LLC and Diamond Resorts Hawaii Collection Development, LLC. (Thomas, Emily)
June 15, 2021 Opinion or Order Filing 433 ORDER by Judge Dale S. Fischer GRANTING in Part and DENYING in Part Counter-defendants' Motion to Dismiss (Dkt. #418 ). See Order for specifics. (jp)
June 11, 2021 Filing 432 Notice of Appearance or Withdrawal of Counsel: for attorney Kyle J Waldie counsel for Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. Adding Kyle J. Waldie as counsel of record for J.L. Sean Slattery, Esq.; Carlsbad Law Group, LLP; Del Mar Law Group, LLP; and Slattery, Sobel & Decamp, LLC for the reason indicated in the G-123 Notice. Filed by Defendants J.L. Sean Slattery, Carlsbad Law Group, LLP, Del Mar Law Group, LLP and Slattery, Sobel & Decamp, LLC. (Attorney Kyle J Waldie added to party Carlsbad Law Group, LLP(pty:dft), Attorney Kyle J Waldie added to party Del Mar Law Group, LLP(pty:dft), Attorney Kyle J Waldie added to party JL Sean Slattery(pty:dft), Attorney Kyle J Waldie added to party Slattery, Sobel and DeCamp, LLC(pty:dft))(Waldie, Kyle)
June 10, 2021 Filing 431 NOTICE of Appearance filed by attorney Katherine Sarah Schantz-Bekken on behalf of Defendants Miranda McCroskey, Unlock Legal, APLC (Attorney Katherine Sarah Schantz-Bekken added to party Miranda McCroskey(pty:dft), Attorney Katherine Sarah Schantz-Bekken added to party Unlock Legal, APLC(pty:dft))(Schantz-Bekken, Katherine)
June 10, 2021 Filing 430 NOTICE of Appearance filed by attorney Kevin R. Lussier on behalf of Defendants Miranda McCroskey, Unlock Legal, APLC (Attorney Kevin R. Lussier added to party Miranda McCroskey(pty:dft), Attorney Kevin R. Lussier added to party Unlock Legal, APLC(pty:dft))(Lussier, Kevin)
June 9, 2021 Opinion or Order Filing 429 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motions to Dismiss #380 and #418 set for 6/14/2021 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY
June 7, 2021 Filing 428 ANSWER to Amended Complaint/Petition,,,,, #307 Fourth Amended Complaint filed by Defendant Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC.(Baker, Amy)
May 31, 2021 Filing 427 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Intermarketing Media, LLC d/b/a Resort Advisory Group's Third Amended Counterclaim #418 filed by Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
May 27, 2021 Filing 426 21 DAY Summons Issued re Third Amended Counterclaim #413 as to Counter Defendant Diamond Resorts International, Inc. (jp)
May 27, 2021 Filing 425 Request for Clerk to Issue Summons on Amended Counterclaim,, #413 filed by counter-claimant Intermarketing Media, LLC(a Wyoming limited liability company). (Pinckes, Randi)
May 27, 2021 Filing 424 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #423 . The following error(s) was found: (1) The caption of the summons must match the caption of the Third Amended Counterclaim 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 Third Amended Counterclaim or a second page addendum to the Summons. (2) Please indicate as to "THIRD AMENDED COUNTERCLAIM" right after SUMMONS IN A CIVIL ACTION". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jp)
May 25, 2021 Filing 423 Request for Clerk to Issue Summons on Amended Counterclaim,, #413 filed by counter-claimant Intermarketing Media, LLC(a Wyoming limited liability company). (Pinckes, Randi)
May 24, 2021 Filing 422 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Intermarketing Media, LLC d/b/a Resort Advisory Group's Third Amended Counterclaim #418 filed by Counter Claimant Intermarketing Media, LLC. (Pinckes, Randi)
May 24, 2021 Opinion or Order Filing 421 ORDER by Judge Dale S. Fischer DENYING Lawyer Defendants' Motions to Strike (Dkts. #361 , #362 ). See Order for specifics. (jp)
May 14, 2021 Filing 420 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/7/21 re Transcript #419 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY
May 14, 2021 Filing 419 TRANSCRIPT for proceedings held on 5/7/21. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number 626-963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder 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 6/4/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/12/2021. (jlo)
May 14, 2021 Filing 418 NOTICE OF MOTION AND MOTION to Dismiss Intermarketing Media, LLC d/b/a Resort Advisory Group's Third Amended Counterclaim filed by Counter-Defendants Diamond Resorts Hawaii Collection Development, LLC(a Delaware limited liability company), Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). Motion set for hearing on 6/14/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Dismiss Third Amended Counterclaim, #2 Proposed Order) (Attorney Albert G Lin added to party Diamond Resorts International, Inc.(pty:cd)) (Lin, Albert)
May 14, 2021 Opinion or Order Filing 417 MINUTE (IN CHAMBERS) ORDER DENYING MCCROSKEY DEFENDANTS' EX PARTE APPLICATION TO EXTEND PRODUCTION TIME #415 by Magistrate Judge Autumn D. Spaeth. The Court finds the Application to Extend Production Time appropriate for decision without oral argument. Accordingly, the Court vacates the hearing set for June 2, 2021 and takes the matter under submission. McCroskey Defendants' Application to Extend Production Time is denied. Plaintiffs' request for an order that the McCroskey Defendants pay a fine of $500 for each additional day of production is denied. (see document for further details) (hr)
May 13, 2021 Filing 416 OPPOSITION re: EXPARTE APPLICATION for Extension of Time to File Produce Documents #415 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
May 12, 2021 Filing 415 EXPARTE APPLICATION for Extension of Time to File Produce Documents filed by Defendant Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of Natalie C. Bourff, #3 Proposed Order Proposed Order)(Baker, Amy)
May 11, 2021 Filing 414 TRANSCRIPT ORDER as to Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company) for Court Smart (CS). Court will contact Pamela Hubbard at phubbard@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lin, Albert)
May 10, 2021 Filing 413 THIRD AMENDED COUNTERCLAIM against Counter-defendants Diamond Resorts Hawaii Collection Development, LLC(a Delaware limited liability company), Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company), Diamond Resorts International, Inc. amending Answer to Counterclaim,,, #357 ; JURY DEMAND, filed by counter-claimant Intermarketing Media, LLC(a Wyoming limited liability company) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pinckes, Randi)
May 7, 2021 Filing 412 TRANSCRIPT ORDER as to Defendant Pandora Marketing, LLC for Court Smart (CS). Court will contact Maritza Nowowiejski at mnowowiejski@lawfss.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Stolper, Andrew)
May 7, 2021 Opinion or Order Filing 411 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #409 by Judge Dale S. Fischer. The Court hereby orders that the request of Defendants Slattery Sobel and DeCamp, LLP; Del Mar Law Group; Carlsbad Law Group, LLP; and JL SeanSlattery, Esq. to substitute Jon Schwalbach as attorney of record instead of Samuel Y. Edgerton, III and Johnny Antwiler is hereby GRANTED. (et)
May 7, 2021 Filing 410 MINUTES OF INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Autumn D. Spaeth: Informal Discovery Conference regarding Motion Re: Informal Discovery Dispute #408 . Conference held as reflected on the record. Request is denied without prejudice. Court Recorder: AT&T Recording. (kh)
May 6, 2021 Filing 409 First REQUEST TO SUBSTITUTE ATTORNEY Jon Schwalbach in place of attorney Sam Edgerton and Johnny Antwiler filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. (Attachments: #1 Proposed Order Request to Substitute Attorney Jon Schwalbach in place of attorney Sam Edgerton and Johnny Antwiler) (Edgerton, Samuel)
May 5, 2021 Filing 408 Motion Re: Informal Discovery Dispute. This matter is set for a Telephonic Informal Discovery Conference on May 7, 2021 at 9:00 a.m. before Magistrate Judge Autumn D. Spaeth. Call in information shall be provided by separate email. (kh)
May 3, 2021 Filing 407 OPPOSITION TO re: NOTICE OF MOTION AND MOTION to Dismiss Resort Advisory's Second Amended Counterclaim Pursuant to Rule 12(b)(6) and Motion to Strike Paragraphs 24-30 and Exhibit A of Counterclaim Pursuant to Rule 12(f) #380 filed by Counter Claimant Intermarketing Media, LLC. (Pinckes, Randi)
May 3, 2021 Opinion or Order Filing 406 ORDER by Judge Dale S. Fischer GRANTING Counter claimant Intermarketing Media, LLC's Motion to Amend its Counterclaim (Dkt. #374 ). The proposed TACC is to be filed no later than 5/12/2021. See Order for specifics. (jp)
April 30, 2021 Filing 405 Notice of Appearance or Withdrawal of Counsel: for attorney Jon R Schwalbach counsel for Defendant JL Sean Slattery. Adding James J. Kjar as counsel of record for Carlsbad Law Group, LLP and JL "Sean" Slattery, Esq. for the reason indicated in the G-123 Notice. Filed by Defendant Carlsbad Law Group, LLP and JL "Sean" Slattery, Esq.. (Schwalbach, Jon)
April 30, 2021 Filing 404 Notice of Appearance or Withdrawal of Counsel: for attorney Jon R Schwalbach counsel for Defendant JL Sean Slattery. Adding Gregory B. Emdee as counsel of record for CARLSBAD LAW GROUP, LLP; AND JL SEAN SLATTERY, ESQ. for the reason indicated in the G-123 Notice. Filed by Defendant CARLSBAD LAW GROUP, LLP; AND JL SEAN SLATTERY, ESQ.. (Attorney Jon R Schwalbach added to party JL Sean Slattery(pty:dft))(Schwalbach, Jon)
April 30, 2021 Filing 403 Notice of Appearance or Withdrawal of Counsel: for attorney Jon R Schwalbach counsel for Defendant Carlsbad Law Group, LLP. Adding Jon. R. Schwalbach as counsel of record for CARLSBAD LAW GROUP, LLP; AND JL SEAN SLATTERY, ESQ. for the reason indicated in the G-123 Notice. Filed by Defendant CARLSBAD LAW GROUP, LLP; AND JL SEAN SLATTERY, ESQ.. (Schwalbach, Jon)
April 29, 2021 Filing 402 REPLY support NOTICE OF MOTION AND MOTION to Strike Anti-Slapp #361 , NOTICE OF MOTION AND MOTION to Strike Fourth Amended Complaint Amended Complaint/Petition,,,,, #307 #362 filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, Miranda McCroskey, Miranda Dempsey, APLC, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC, Unlock Legal, APLC. (Baker, Amy)
April 28, 2021 Filing 401 NOTICE of Association of Counsel associating attorney James J. Kjar on behalf of Defendant Slattery, Sobel and DeCamp, LLC. Filed by Defendant Slattery, Sobel and DeCamp, LLC (Schwalbach, Jon)
April 28, 2021 Filing 400 Notice of Appearance or Withdrawal of Counsel: for attorney Jon R Schwalbach counsel for Defendant Slattery, Sobel and DeCamp, LLC. Adding Gregory B. Emdee as counsel of record for SLATTERY, SOBEL & DECAMP, LLP for the reason indicated in the G-123 Notice. Filed by Defendant SLATTERY, SOBEL & DECAMP, LLP DEL MAR LAW GROUP, LLP. (Schwalbach, Jon)
April 28, 2021 Filing 399 Notice of Appearance or Withdrawal of Counsel: for attorney Jon R Schwalbach counsel for Defendant Slattery, Sobel and DeCamp, LLC. Adding Jon R. Schwalbach as counsel of record for SLATTERY, SOBEL & DECAMP, LLP DEL MAR LAW GROUP, LLP for the reason indicated in the G-123 Notice. Filed by Defendant SLATTERY, SOBEL & DECAMP, LLP. (Schwalbach, Jon)
April 28, 2021 Filing 398 Notice of Appearance or Withdrawal of Counsel: for attorney Jon R Schwalbach counsel for Defendant Slattery, Sobel and DeCamp, LLC. Adding James J. Kjar as counsel of record for SLATTERY, SOBEL & DECAMP, LLP DEL MAR LAW GROUP, LLP for the reason indicated in the G-123 Notice. Filed by Defendant SLATTERY, SOBEL & DECAMP, LLP. (Attorney Jon R Schwalbach added to party Slattery, Sobel and DeCamp, LLC(pty:dft))(Schwalbach, Jon)
April 26, 2021 Filing 397 REPLY in support of NOTICE OF MOTION AND MOTION to Join Diamond Resorts International, Inc. as a Counter-defendant #374 filed by Counter Claimant Intermarketing Media, LLC. (Pinckes, Randi)
April 22, 2021 Opinion or Order Filing 396 ORDER by Judge Dale S. Fischer: granting #395 Non-Resident Attorney Kayla M Prieto APPLICATION to Appear Pro Hac Vice on behalf of Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development LLC, designating Teresa C Chow as local counsel. (lom)
April 22, 2021 Filing 395 APPLICATION of Non-Resident Attorney Kayla M. Prieto to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31163973) filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Chow, Teresa)
April 16, 2021 Opinion or Order Filing 394 ORDER by Judge Dale S. Fischer granting #388 , #392 Non-Resident Attorney Natalie C Bourff APPLICATION to Appear Pro Hac Vice on behalf of Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC, designating Tae S Um as local counsel. (jp)
April 15, 2021 Filing 393 OMNIBUS OPPOSITION re: NOTICE OF MOTION AND MOTION to Strike Anti-Slapp #361 , NOTICE OF MOTION AND MOTION to Strike Fourth Amended Complaint Amended Complaint/Petition,,,,, #307 #362 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of Albert G. Lin ISO Omnibus Opposition, #2 Exhibit 1 to A. Lin Decl. (Lawyer Defendant payments), #3 Exhibit 2 to A. Lin Decl. (Payment History re Slattery Defendants), #4 Exhibit 3 to A. Lin Decl. (Service Agreement between Pandora and Del Mar), #5 Exhibit 4 to A. Lin Decl. (excerpts from RAG's CRM), #6 Exhibit 5 to A. Lin Decl. (Payment History re McCroskey Defendants), #7 Exhibit 6 to A. Lin Decl. (excerpts from TSC CRM), #8 Exhibit 7 to A. Lin Decl. (excerpts from RAG CRM), #9 Exhibit 8 to A. Lin Decl. (excerpts from TSC CRM), #10 Exhibit 9 to A. Lin Decl. (excerpts from TSC CRM), #11 Exhibit 10 to A. Lin Decl. (excerpts from RAG CRM), #12 Exhibit 11 to A. Lin Decl. (excerpts from RAG CRM), #13 Exhibit 12 to A. Lin Decl. (excerpts from RAG's CRM), #14 Exhibit 13 to A. Lin Decl. (Trustpilot reviews), #15 Exhibit 14 to A. Lin Decl. (excerpts from RAG CRM), #16 Exhibit 15 to A. Lin Decl. (excerpts from RAG CRM), #17 Exhibit 16 to A. Lin Decl. (excerpts from RAG CRM), #18 Exhibit 17 to A. Lin Decl. (excerpts from RAG CRM), #19 Exhibit 18 to A. Lin Decl. (excerpts from RAG CRM), #20 Exhibit 19 to A. Lin Decl. (P. Martinez declaration), #21 Exhibit 20 to A. Lin Decl. (R. Martinez declaration), #22 Exhibit 21 to A. Lin Decl. (D. Abel declaration), #23 Exhibit 22 to to A. Lin Decl. (H. Abel declaration), #24 Exhibit 23 to A. Lin Decl. (T. Clark declaration), #25 Exhibit 24 to A. Lin Decl. (Dkt. 14, Mascola v. Diamond), #26 Exhibit 25 to A. Lin Decl. (exemplar timeshare contract))(Lin, Albert)
April 15, 2021 Filing 392 APPLICATION of Non-Resident Attorney Natalie C. Bourff to Appear Pro Hac Vice on behalf of Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31117292) filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (Attachments: #1 Proposed Order) (Um, Tae)
April 14, 2021 Filing 391 OPPOSITION re: NOTICE OF MOTION AND MOTION to Join Diamond Resorts International, Inc. as a Counter-defendant #374 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
April 14, 2021 Opinion or Order Filing 390 ORDER GRANTING STIPULATION RE MCCROSKEY DEFENDANTS' EXTENSION OF PRODUCTION DATE FOR DOCUMENT PRODUCTIONS COMPELLED BY THE MARCH 18, 2021 ORDER #387 by Magistrate Judge Autumn D. Spaeth. 1. The McCroskey Defendants shall make a production of documents, information, and/or discovery responses sufficient to satisfy the March 18, 2021 Order by Wednesday, May 12, 2021 (see document for further details). (hr)
April 14, 2021 Filing 389 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Natalie C. Bourff to Appear Pro Hac Vice on behalf of Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31109499) #388 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (lt)
April 14, 2021 Filing 388 APPLICATION of Non-Resident Attorney Natalie C. Bourff to Appear Pro Hac Vice on behalf of Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31109499) filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (Attachments: #1 Proposed Order) (Attorney Tae Sang Um added to party Miranda McCroskey(pty:dft), Attorney Tae Sang Um added to party Miranda Dempsey, APLC(pty:dft), Attorney Tae Sang Um added to party Unlock Legal, APLC(pty:dft)) (Um, Tae)
April 13, 2021 Filing 387 STIPULATION for Order re McCroskey Defendants' Extension of Production Date for Document Productions Compelled by March 18, 2021 Order filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order)(Lin, Albert)
April 13, 2021 Opinion or Order Filing 386 MINUTES (IN CHAMBERS) ORDER TAKING MOTION FOR SANCTIONS #355 UNDER SUBMISSION by Judge Autumn D. Spaeth: The Court finds this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. Accordingly, the hearing set for April 14, 2021, at 10:00 a.m., is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
April 12, 2021 Opinion or Order Filing 385 ORDER by Judge Dale S. Fischer GRANTING in Part and DENYING in Part Lawyer Defendants Motions to Dismiss (Dkts. #329 , #331 ). See Order for specifics. (jp)
April 9, 2021 Opinion or Order Filing 384 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motion #331 set for Monday, April 12, 2021 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
April 6, 2021 Filing 383 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #241 , CCA # 20-56271. The judgment of this Court, entered March 15, 2021, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA Order, #360 , DISMISSED.](mat)
April 6, 2021 Filing 382 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #243 , CCA # 20-56286. The judgment of this Court, entered March 15, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Order, #360 DISMISSED.](mat)
April 6, 2021 Opinion or Order Filing 381 TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer re: Motion to Dismiss Resort Advisory's Second Amended Counterclaim Pursuant to Rule 12(b)(6) and Motion to Strike Paragraphs 24-30 and Exhibit A of Counterclaim Pursuant to Rule 12(f) #380 The Court, on its own motion, continues the motion to 6/14/2021 at 01:30 PM before Judge Dale S. Fischer. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
April 5, 2021 Filing 380 NOTICE OF MOTION AND MOTION to Dismiss Resort Advisory's Second Amended Counterclaim Pursuant to Rule 12(b)(6) and Motion to Strike Paragraphs 24-30 and Exhibit A of Counterclaim Pursuant to Rule 12(f) filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 5/31/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Dismiss Resort Advisory's Second Amended Counterclaim, #2 Proposed Order) (Lin, Albert)
April 5, 2021 Opinion or Order Filing 379 ORDER GRANTING STIPULATION RE SLATTERY DEFENDANTS EXTENSION OF PRODUCTION DATE FOR DOCUMENT PRODUCTIONS COMPELLED BY THE MARCH 18, 2021 ORDER by Magistrate Judge Autumn D. Spaeth, re Stipulation for Order, #378 . The Fact Discovery Cutoff will be extended from September 15,2021 to October 15, 2021 for Diamond discovery against the SlatteryDefendants. (see document for further details) (et)
April 2, 2021 Filing 378 STIPULATION for Order RE SLATTERY DEFENDANTS' EXTENSION OF PRODUCTION DATE FOR DOCUMENT PRODUCTIONS COMPELLED BY THE MARCH 18, 2021 ORDER filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order to Hon. Dale S. Fischer, #2 Proposed Order to Hon. Autumn D. Spaeth)(Lin, Albert)
April 2, 2021 Opinion or Order Filing 377 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motions #361 and #362 set for Monday, May 24, 2021 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
April 1, 2021 Filing 376 STIPULATION for Hearing re NOTICE OF MOTION AND MOTION to Strike Anti-Slapp #361 , NOTICE OF MOTION AND MOTION to Strike Fourth Amended Complaint Amended Complaint/Petition,,,,, #307 #362 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order)(Lin, Albert)
March 31, 2021 Filing 375 REPLY in Support of MOTION for Sanctions FOR REASONABLE EXPENSES INCLUDING ATTORNEYS FEES AGAINST THE LAWYER DEFENDANTS #355 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC. (Lin, Albert)
March 31, 2021 Filing 374 NOTICE OF MOTION AND MOTION to Join Diamond Resorts International, Inc. as a Counter-defendant filed by counter-claimant Intermarketing Media, LLC(a Wyoming limited liability company). Motion set for hearing on 5/10/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration Randi E. Pinckes, #2 Exhibit A to Declaration of Randi Pinckes, #3 Exhibit B to Declaration of Randi Pinckes, #4 Exhibit C to Declaration of Randi Pinckes, #5 Exhibit D to Declaration of Randi Pinckes, #6 Proposed Order) (Pinckes, Randi)
March 29, 2021 Filing 373 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint #331 filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. (Antwiler, Johnny)
March 29, 2021 Filing 372 RESPONSE IN SUPPORT of Doc 329, Motion to Dismiss filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (Baker, Amy)
March 25, 2021 Filing 371 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #369 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak)
March 24, 2021 Filing 370 OPPOSITION to MOTION for Sanctions FOR REASONABLE EXPENSES INCLUDING ATTORNEYS FEES AGAINST THE LAWYER DEFENDANTS #355 filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, Miranda McCroskey, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC, Unlock Legal, APLC. (Antwiler, Johnny)
March 24, 2021 Filing 369 NOTICE of Appearance filed by attorney Randi Ellen Pinckes on behalf of Defendant Intermarketing Media, LLC (Pinckes, Randi)
March 24, 2021 Opinion or Order Filing 368 ORDER by Judge Dale S. Fischer GRANTING Stipulation re Briefing Schedule for Defendant Resort Advisory Group's Motion for Leave to file Third Amended Counterclaim to Joint Diamond Resorts International, Inc #367 . See Order for specifics. (jp)
March 24, 2021 Filing 367 STIPULATION for Hearing re Resort Advisory Group's Motion for Leave to File Third Amended Counterclaims filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order)(Lin, Albert)
March 23, 2021 Filing 366 NOTICE of Change of address by Johnny Lee Antwiler, II attorney for Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. Changing attorneys address to 1601 Pacific Coast Highway, Suite 290, Hermosa Beach, CA 90254. Filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. (Antwiler, Johnny)
March 23, 2021 Filing 365 NOTICE of Change of address by Samuel Y Edgerton, III attorney for Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. Changing attorneys address to 1601 Pacific Coast Highway, Suite 290, Hermosa Beach, CA 90254. Filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. (Edgerton, Samuel)
March 18, 2021 Opinion or Order Filing 364 ORDER ON PLAINTIFFS' MOTIONS TO COMPEL RE SLATTERY DEFENDANTS & MCCROSKEY DEFENDANTS [Dkt. No. #287 and #288 ] by Magistrate Judge Autumn D. Spaeth. The Motions are GRANTED as to Requests for Production 1 and 11, which relates to retainer agreements for Diamond Owner clients. The Slattery Defendants and the McCroskey Defendants shall produce these documents. (see document for further details) (hr)
March 18, 2021 Opinion or Order Filing 363 ORDER ON DEFENDANT PANDORA MARKETING, LLC'S MOTIONS TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SETS 1-4 [Dkt. Nos. #276 - #277 , #281 - #282 ] by Magistrate Judge Autumn D. Spaeth. The Court, having considered the papers submitted by the parties in connection with the Motions and all arguments presented at the time of the hearing, rules and hereby ORDERS AND ADJUDGES as follows: 1. The Motions are GRANTED as to the following items: Plaintiffs are ORDERED to amend their responses to clarify if all responsive documents have been produced and produce a privilege log if needed as to the following items: (see document for further details). (hr)
March 16, 2021 Filing 362 NOTICE OF MOTION AND MOTION to Strike Fourth Amended Complaint Amended Complaint/Petition,,,,, #307 filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. Motion set for hearing on 5/24/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration Sean Slattery, #2 Proposed Order) (Antwiler, Johnny)
March 16, 2021 Filing 361 NOTICE OF MOTION AND MOTION to Strike Anti-Slapp filed by Defendants Miranda McCroskey. Motion set for hearing on 5/24/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum Points and Authorities in Support of Defendants' Anti-Slapp Motion, #2 Proposed Order Granting Defendants' Anti-Slapp Motion) (Baker, Amy)
March 15, 2021 Opinion or Order Filing 360 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #243 filed by Miranda Dempsey, APLC, Unlock Legal, APLC, Miranda McCroskey, Notice of Appeal to 9th Circuit Court of Appeals, #241 filed by Del Mar Law Group, LLP, Slattery, Sobel and DeCamp, LLC, JL Sean Slattery, Carlsbad Law Group, LLP. CCA # 20-56271, 20-56286. Appellees motions to dismiss these appeals (Docket Entry No. 9 in 20-56271; Docket Entry No. 9 in 20-56286) for lack of jurisdiction are granted. [See order for further information] (car)
March 10, 2021 Filing 359 TEXT ONLY ENTRY (IN CHAMBERS) RE DISCOVERY MOTION by Magistrate Judge Autumn D. Spaeth: The hearing on Plaintiffs' Motion for Sanctions for Reasonable Expenses Including Attorneys' Fees Against Lawyer Defendants #355 , presently set for hearing on April 7, 2021, is CONTINUED to April 14, 2021 at 10:00am before Magistrate Judge Spaeth. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
March 8, 2021 Filing 358 NOTICE filed by Defendant Intermarketing Media, LLC. re: Forthcoming Motion for Leave to File Third-Party Complaint (Pinckes, Randi)
March 8, 2021 Filing 357 ANSWER to Amended Complaint/Petition,,,,, #307 , Second COUNTERCLAIM against All Plaintiffs filed by Defendant Intermarketing Media, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pinckes, Randi)
March 5, 2021 Filing 356 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint #331 NOTICE OF MOTION AND MOTION TO DISMISS Plaintiffs' Fourth Amended Complaint #329 #330 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of Albert G. Lin ISO Omnibus Opposition, #2 Exhibit A to A. Lin Decl. (Amended Report & Recommendation))(Lin, Albert)
March 5, 2021 Filing 355 NOTICE OF MOTION AND MOTION for Sanctions FOR REASONABLE EXPENSES INCLUDING ATTORNEYS FEES AGAINST THE LAWYER DEFENDANTS filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). Motion set for hearing on 4/7/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Declaration of Albert G. Lin, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Lin, Albert)
March 5, 2021 Filing 354 [PROPOSED] ORDER re MOTION to Compel Discovery re Slattery Defendants #287 , MOTION to Compel Discovery re McCroskey Defendants #288 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
March 5, 2021 Filing 353 [PROPOSED] ORDER ON DEFENDANT PANDORA MARKETING, LLC'S MOTIONS TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SETS 1-4 re MOTION to Compel Further Responses to Request for Production of Documents (Set Four), and to Produce Documents #277 , Amended MOTION to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents #282 , MOTION to Compel Further Responses to Request for Production of Documents (Set Three), and to Produce Documents #276 , Amended MOTION to Compel Further Responses to Request for Production of Documents (Set One), and to Produce Documents #281 filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
March 4, 2021 Filing 352 SUPPLEMENT to Amended MOTION to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents #282 filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
February 19, 2021 Opinion or Order Filing 351 ORDER by Judge Dale S. Fischer GRANTING Stipulation re Filing of Defendant Intermarketing Media, LLCs Second Amended Counterclaims and Briefing Schedule for Motion Pursuant to FRCP Rule 12 #349 . See Order for specifics. (jp)
February 19, 2021 Opinion or Order Filing 350 ORDER by Judge Dale S. Fischer granting #342 Non-Resident Attorney David A Klein APPLICATION to Appear Pro Hac Vice on behalf of Defendant Intermarketing Media, LLC, designating Randi E Pinckes as local counsel. (jp)
February 18, 2021 Filing 349 STIPULATION for Extension of Time to Amend Answer to Complaint (Discovery), Counterclaim #320 filed by Defendant Intermarketing Media, LLC(a Wyoming limited liability company). (Attachments: #1 Proposed Order)(Pinckes, Randi)
February 18, 2021 Filing 348 TRANSCRIPT ORDER as to Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC for Court Smart (CS). Court will contact Liana Bickford at lbickford@ohaganmeyer.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Antwiler, Johnny)
February 17, 2021 Filing 347 SUPPLEMENT to Amended MOTION to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents #282 re Request Nos. 5 and 6 (Audio Recordings) filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1 - Declaration of B. Ogle ISO Plaintiffs' Supplemental Brief)(Treckler, Elizabeth)
February 16, 2021 Filing 346 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/10/21 re Transcript #345 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY
February 16, 2021 Filing 345 TRANSCRIPT for proceedings held on 2/10/21. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number 626-963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder 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 3/9/2021. Redacted Transcript Deadline set for 3/19/2021. Release of Transcript Restriction set for 5/17/2021. (jlo)
February 16, 2021 Filing 344 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/3/21 re Transcript #343 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY
February 16, 2021 Filing 343 TRANSCRIPT for proceedings held on 2/3/21. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number 626-963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder 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 3/9/2021. Redacted Transcript Deadline set for 3/19/2021. Release of Transcript Restriction set for 5/17/2021. (jlo)
February 16, 2021 Filing 342 APPLICATION of Non-Resident Attorney David A. Klein to Appear Pro Hac Vice on behalf of Defendant Intermarketing Media, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30564767) filed by Defendant Intermarketing Media, LLC. (Attachments: #1 Proposed Order) (Pinckes, Randi)
February 16, 2021 Opinion or Order Filing 341 ORDER by Judge Dale S. Fischer GRANTING Motion to Modify Scheduling Order and Continue Trial Date ( Dkt. #316 ). The Final Pretrial Conference is continued to 3/14/2022 at 3:00 PM. The Trial is continued to 4/12/2022 at 08:30 AM. See Order for specifics. (jp)
February 10, 2021 Filing 340 MINUTES OF 1. MOTION BY PLAINTIFFS TO COMPEL DISCOVERY RE SLATTERY DEFENDANTS #287 2. MOTION BY PLAINTIFFS TO COMPEL DISCOVERY RE MCCROSKEY DEFENDANTS #288 held before Magistrate Judge Autumn D. Spaeth. Argument heard. Plaintiffs' Motions #287 and #288 are GRANTED IN PART, DENIED IN PART as reflected on the record. Plaintiffs' Requests for Attorney Fees and Costs within the motions are DENIED WITHOUT PREJUDICE. Counsel for Plaintiffs shall prepare and submit a proposed order consistent with the Court's ruling. Court Recorder: CS 02/10/2021. (hr)
February 10, 2021 Opinion or Order Filing 339 ORDER by Judge Dale S. Fischer GRANTING Stipulation Re Briefing Schedule for Motions Challenging Defendant Intermarketing Media, LLC's Answer to Plaintiffs' Fourth Amended Complaint and Amended Counterclaims #337 . See Order for specifics. (jp)
February 10, 2021 Filing 338 TRANSCRIPT ORDER as to Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company) for Court Smart (CS). Court will contact Pamela Hubbard at phubbard@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lin, Albert)
February 10, 2021 Filing 337 STIPULATION for Order re Briefing Schedule for Motions Challenging Defendant Intermarketing Media, LLC's Answer to Plaintiffs' Fourth Amended Complaint and Amended Counterclaims filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order)(Lin, Albert)
February 10, 2021 Filing 336 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #335 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak)
February 10, 2021 Filing 335 NOTICE of Appearance filed by attorney Marty B Ready on behalf of Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC (Attorney Marty B Ready added to party Miranda McCroskey(pty:dft), Attorney Marty B Ready added to party Miranda Dempsey, APLC(pty:dft), Attorney Marty B Ready added to party Unlock Legal, APLC(pty:dft))(Ready, Marty)
February 8, 2021 Filing 334 REPLY in Support of NOTICE OF MOTION AND MOTION to Continue Trial Date and Pretrial Deadlines from October 12, 2021 to April 12, 2022 Re: Pretrial-Trial Scheduling Order - form only,, #160 #316 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
February 8, 2021 Filing 333 SUPPLEMENT to MOTION to Compel Discovery re McCroskey Defendants #288 re Joint Status Report pursuant to Court Order #327 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
February 8, 2021 Filing 332 SUPPLEMENT to MOTION to Compel Discovery re Slattery Defendants #287 re Joint Status Report pursuant to Court Order #327 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Counter Defendants Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
February 5, 2021 Filing 331 NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. Motion set for hearing on 4/12/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order) (Antwiler, Johnny)
February 5, 2021 Filing 330 NOTICE of Motion to Dismiss Plaintiff's Fourth Amended Complaint filed by Defendants Miranda McCroskey, Unlock Legal, APLC. (Baker, Amy)
February 5, 2021 Filing 329 MOTION TO DISMISS PLAINTIFF'S FOURTH AMENDED COMPLAINT re NOTICE OF MOTION AND MOTION to for Leave to File Fourth Amended Complaint #255 filed by Defendants Miranda McCroskey, Unlock Legal, APLC. (Attachments: #1 Proposed Order Proposed Order, #2 Declaration Certificate of Service)(Baker, Amy)
February 5, 2021 Filing 328 TRANSCRIPT ORDER as to Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC(a Delaware limited liability company) for Court Smart (CS). Court will contact Pamela Hubbard at phubbard@bakerlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lin, Albert)
February 5, 2021 Opinion or Order Filing 327 MINUTE (IN CHAMBERS) ORDER REQUIRING STATUS REPORTS RE: PLAINTIFFS' MOTIONS TO COMPEL DISCOVERY by Magistrate Judge Autumn D. Spaeth, re: MOTION to Compel Discovery #287 , MOTION to Compel Discovery #288 . Plaintiffs and Lawyer Defendants are ordered to file status reports informing the Court which of the requests for production or interrogatories at issue in the Motions have been resolved, if any, since the parties filed their joint stipulations. The status reports should be no longer than 2 pages for each group of parties to each motion and are due as soon as possible, and by no later than Monday, February 8, 2021 at noon. (hr)
February 4, 2021 Filing 326 TRANSCRIPT ORDER as to Defendant Pandora Marketing, LLC for Court Smart (CS). Court will contact Maritza Nowowiejski at mnowowiejski@lawfss.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Stolper, Andrew)
February 3, 2021 Opinion or Order Filing 325 ORDER GRANTING PLAINTIFFS' MOTIONS TO INCREASE DEPOSITION LIMIT #268 , #269 by Magistrate Judge Autumn D. Spaeth. Diamond is permitted to take up to 30 live fact witness depositions, and 50 depositions by written question of Diamond Owners. (hr)
February 3, 2021 Filing 324 MINUTES OF PLAINTIFFS' MOTIONS FOR ORDER TO INCREASE DEPOSITION LIMIT #268 , #269 AND DEFENDANT PANDORA'S MOTIONS TO COMPEL FURTHER RESPONSES #276 , #277 , #281 , #282 Hearing held before Magistrate Judge Autumn D. Spaeth: Plaintiffs' Motions for Order to Increase Deposition Limit #268 , #269 are GRANTED. Separate order to issue. Defendant Pandora's Motions to Compel Further Responses #276 , #277 , #281 , #282 are GRANTED IN PART, DENIED IN PART and CONTINUED IN PART as reflected on the record. Counsel for Defendant Pandora shall prepare and submit a proposed order consistent with the Court's ruling. Court Recorder: CS 02/03/2021. (kh)
February 2, 2021 Filing 323 TEXT ONLY ENTRY RE MOTIONS TO COMPEL by Magistrate Judge Autumn D. Spaeth: The hearing on Plaintiffs' Motion to Compel Discovery re Slattery Defendants #287 and Plaintiffs' Motion Compel Discovery re McCroskey Defendants #288 , presently set for hearing on February 3, 2021 at 10:00am, are CONTINUED to February 10, 2021 at 10:00 before Magistrate Judge Spaeth. The hearing will be conducted telephonically. Call information will be provided by separate email. ***NOTE: During the telephonic hearing, counsel must identify themselves before they speak for the benefit of the Court and the Court Recorder/Reporter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
February 2, 2021 Filing 322 TEXT ONLY ENTRY RE DISCOVERY MOTIONS by Magistrate Judge Autumn D. Spaeth: Discovery Motions #268 , #276 , #277 , #281 and #282 , currently scheduled to be conducted by Zoom on February 3, 2020 will now be conducted telephonically. Call information will be provided by separate email. ***NOTE: During the telephonic hearing, counsel must identify themselves before they speak for the benefit of the Court and the Court Recorder/Reporter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
February 1, 2021 Filing 321 OPPOSITION to NOTICE OF MOTION AND MOTION to Continue Trial Date and Pretrial Deadlines from October 12, 2021 to April 12, 2022 Re: Pretrial-Trial Scheduling Order - form only,, #160 #316 filed by Defendants Intermarketing Media, LLC, Pandora Marketing, LLC. (Stolper, Andrew)
January 29, 2021 Filing 320 ANSWER to Amended Complaint/Petition,,,,, #307 Fourth Amended Complaint, Amended COUNTERCLAIM against Diamond Resorts U.S. Collection Development, LLC filed by Defendant Intermarketing Media, LLC.(Pinckes, Randi)
January 29, 2021 Filing 319 ANSWER to Amended Complaint/Petition,,,,, #307 Defendant Pandora Marketing, LLC's Answer to Plaintiffs' Fourth Amended Complaint filed by Defendant Pandora Marketing, LLC.(Stolper, Andrew)
January 29, 2021 Opinion or Order Filing 318 ORDER by Judge Dale S. Fischer, GRANTING Stipulation re Briefing Schedule for Lawyer Defendants' Motions Challenging Plaintiffs' Fourth Amended Complaint #317 . See Order for specifics. (jp)
January 29, 2021 Filing 317 STIPULATION for Extension of Time to File re Briefing Schedule for Lawyer Defendants' Motions Challenging Plaintiffs' Fourth Amended Complaint filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order)(Lin, Albert)
January 25, 2021 Filing 316 NOTICE OF MOTION AND MOTION to Continue Trial Date and Pretrial Deadlines from October 12, 2021 to April 12, 2022 Re: Pretrial-Trial Scheduling Order - form only,, #160 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 2/22/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Modify Scheduling Order and Continue Trial Date, #2 Declaration of A. Lin ISO Motion to Modify Scheduling Order and Continue Trial Date, #3 Proposed Order) (Lin, Albert)
January 22, 2021 Filing 315 SUR-REPLY RE MOTION TO INCREASE DEPOSITION LIMIT re MOTION for Order for Increase of Deposition Limit #269 , MOTION for Order for Increase of Deposition Limit #268 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Treckler, Elizabeth)
January 22, 2021 Opinion or Order Filing 314 ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION TO FILE SUR-REPLY RE MOTIONS TO INCREASE DEPOSITION LIMIT #313 by Magistrate Judge Autumn D. Spaeth. Diamond is permitted to immediately file the Sur-Reply, attached as Exhibit A to the Declaration of E. Treckler in Support of Diamond's Application. (hr)
January 21, 2021 Filing 313 EX PARTE APPLICATION for Leave to file Sur-Reply re Motions to Increase Deposition Limit filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Memorandum of Points and Authorities ISO Ex Parte Application, #2 Declaration of E. Treckler ISO Ex Parte Application, #3 Exhibit to Declaration - Sur-Reply, #4 Proposed Order)(Treckler, Elizabeth)
January 21, 2021 Filing 312 Notice of Withdrawal of Motion to Stay Case, #265 filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. (Antwiler, Johnny)
January 20, 2021 Filing 311 SUPPLEMENT to MOTION to Compel Discovery re McCroskey Defendants #288 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
January 20, 2021 Filing 310 SUPPLEMENT to MOTION to Compel Discovery re Slattery Defendants #287 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
January 15, 2021 Filing 309 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas Harvey Nienow counsel for Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. Adding Thomas H. Nienow as counsel of record for Miranda Dempsey, APLC, Unlock Legal, APLC, and Miranda McCroskey for the reason indicated in the G-123 Notice. Filed by Defendants and Appellants MIRANDA DEMPSEY, APLC; UNLOCK LEGAL, APLC; and MIRANDA MCCROSKEY. (Attorney Thomas Harvey Nienow added to party Miranda McCroskey(pty:dft), Attorney Thomas Harvey Nienow added to party Miranda Dempsey, APLC(pty:dft), Attorney Thomas Harvey Nienow added to party Unlock Legal, APLC(pty:dft))(Nienow, Thomas)
January 15, 2021 Filing 308 REPLY THE LAWYER DEFENDANTS' RESPONSE TO PLAINTIFFS' AMENDED SUPPLEMENTAL MEMORANDUM RE MOTION TO INCREASE DEPOSITION LIMIT (DOC. 303) filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (Baker, Amy)
January 15, 2021 Filing 307 FOURTH AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition,,,, #251 , filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Exhibit 1 - Resort Advisory Rule 26 Initial Disclosures, #2 Exhibit 2 - May 11, 2019 Email from Resort Advisory, #3 Exhibit 3 - BBB Complaint re Resort Advisory, #4 Exhibit 4 - Timeshare Compliance Rule 26 Initial Disclosures, #5 Exhibit 5 - May 3, 2018 Email from Resort Advisory, #6 Exhibit 6 - Letter from McCroskey to BBB, #7 Exhibit 7 - Dec. 6, 2017 Letter from Slattery to Diamond, #8 Exhibit 8 - Aug. 21, 2017 Letter from Slattery to Diamond, #9 Exhibit 9 - July 12, 2017 Letter from McCroskey to Diamond, #10 Exhibit 10 - Mar. 7, 2019 Email from BB to Resort Advisory consumers, #11 Exhibit 11 - Mar. 29, 2019 Letter from BB to Resort Advisory client, #12 Exhibit 12 - Exemplar Fee Agreement, #13 Exhibit 13 - CRM data Excerpts, #14 Exhibit 14 - Declarations of Pamela Pressney and John Pressney, #15 Exhibit 15 - Sept. 23, 2019 Email between TSC and McCroskey, #16 Exhibit 16 - TSC's How to Break Free From Your Timeshare brochure)(Lin, Albert)
January 15, 2021 Filing 306 DEFENDANTS' RESPONSE TO PLAINTIFFS' AMENDED SUPPLEMENTAL MEMORANDUM RE MOTION TO INCREASE DEPOSITION LIMIT re MOTION for Order for Increase of Deposition Limit #268 #303 filed by Counter Claimant Intermarketing Media, LLC, Defendant Pandora Marketing, LLC. (Stolper, Andrew)
January 14, 2021 Filing 305 TEXT ONLY ENTRY. VIDEO CONFERENCE RE-SCHEDULING NOTICE: Discovery Motions #268 , #269 , #276 , #277 , #281 and #282 , presently set for January 20, 2021 at 10:00am are now RE-SCHEDULED to February 3, 2021 at 10:00am before Magistrate Judge Autumn D. Spaeth. The Zoom Meeting information previously provided remains the same.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
January 13, 2021 Filing 304 MEMORANDUM in Support of MOTION to Compel Discovery re McCroskey Defendants #288 filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (Baker, Amy)
January 13, 2021 Filing 303 SUPPLEMENT to MOTION for Order for Increase of Deposition Limit #268 - AMENDED SUPPLEMENTAL MEMORANDUM filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Treckler, Elizabeth)
January 12, 2021 Filing 302 SUPPLEMENT to MOTION for Order for Increase of Deposition Limit #269 , MOTION for Order for Increase of Deposition Limit #268 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Treckler, Elizabeth)
January 12, 2021 Filing 301 VIDEO CONFERENCE SCHEDULING NOTICE: Discovery Motions #268 , #269 , #276 , #277 , #281 and #282 , presently set for hearing on January 20, 2021 at 10:00am before Magistrate Judge Autumn D. Spaeth will be conducted via Zoom. Zoom Meeting information will be sent via separate email. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
January 11, 2021 Filing 300 OPPOSITION re: NOTICE OF MOTION AND MOTION to Stay Case pending Lawyer Defendants' Appeals #265 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
January 7, 2021 Opinion or Order Filing 299 MINUTE (IN CHAMBERS) ORDER REQUIRING FURTHER BRIEFING RE: PLAINTIFFS' MOTIONS TO INCREASE DEPOSITION LIMIT #268 , #269 by Magistrate Judge Autumn D. Spaeth. Plaintiffs are ordered to file supplemental memoranda. Plaintiffs' supplemental memoranda is due by no later than January 12, 2021. Defendants must file a response to Plaintiffs' supplemental memoranda of no more than 5 pages by no later than January 15, 2021. (see document for further details) (hr)
January 7, 2021 Filing 298 TEXT ONLY ENTRY (IN CHAMBERS) RE MOTION TO COMPEL by Magistrate Judge Autumn D. Spaeth: The hearing on Plaintiffs' Motion to Compel Discovery re Slattery Defendants #287 and Plaintiffs' Motion Compel Discovery re McCroskey Defendants #288 , presently set for hearing on January 27, 2021, are CONTINUED to February 3, 2021 at 10:00am before Magistrate Judge Spaeth. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
January 6, 2021 Filing 297 NOTICE OF NON-OPPOSITION to MOTION for Order for Increase of Deposition Limit #269 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Treckler, Elizabeth)
January 6, 2021 Filing 296 SUPPLEMENT to MOTION for Order for Increase of Deposition Limit #268 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Treckler, Elizabeth)
January 6, 2021 Opinion or Order Filing 295 Order GRANTING Leave to File Fourth Amended Complaint (Dkt. #255 ) by Judge Dale S. Fischer. See order for specifics. (lom)
January 6, 2021 Filing 294 SUPPLEMENT to Amended MOTION to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents #282 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1 - Declaration of B. Ogle ISO Plaintiffs' Supplemental Brief)(Lin, Albert)
January 6, 2021 Filing 293 SUPPLEMENT to MOTION to Compel Further Responses to Request for Production of Documents (Set Four), and to Produce Documents #277 filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
January 6, 2021 Filing 292 SUPPLEMENT to MOTION to Compel Further Responses to Request for Production of Documents (Set Three), and to Produce Documents #276 filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
January 6, 2021 Filing 291 SUPPLEMENT to Amended MOTION to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents #282 filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
January 6, 2021 Filing 290 SUPPLEMENT to Amended MOTION to Compel Further Responses to Request for Production of Documents (Set One), and to Produce Documents #281 filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
January 6, 2021 Filing 289 SUPPLEMENT to MOTION for Order for Increase of Deposition Limit #268 filed by Defendants Intermarketing Media, LLC, Pandora Marketing, LLC. (Stolper, Andrew)
January 6, 2021 Filing 288 NOTICE OF MOTION AND MOTION to Compel Discovery re McCroskey Defendants filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 1/27/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation re Motion to Compel, #2 Exhibit A to Joint Stipulation - Summary of RFPs, #3 Exhibit B to Joint Stipulation - Summary of Interrogatories, #4 Declaration of D. Vonderhaar ISO Motion to Compel, #5 Exhibit 1 to Declaration of D. Vonderhaar, #6 Exhibit 2 to Declaration of D. Vonderhaar, #7 Exhibit 3 to Declaration of D. Vonderhaar, #8 Exhibit 4 to Declaration of D. Vonderhaar, #9 Exhibit 5 to Declaration of D. Vonderhaar, #10 Exhibit 6 to Declaration of D. Vonderhaar, #11 Exhibit 7 to Declaration of D. Vonderhaar, #12 Exhibit 8 to Declaration of D. Vonderhaar, #13 Exhibit 9 to Declaration of D. Vonderhaar, #14 Exhibit 10 to Declaration of D. Vonderhaar, #15 Declaration of M. McCroskey in Opposition to Motion to Compel, #16 Proposed Order)(Lin, Albert)
January 6, 2021 Filing 287 NOTICE OF MOTION AND MOTION to Compel Discovery re Slattery Defendants filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 1/27/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation re Motion to Compel, #2 Exhibit A to Joint Stipulation - Summary of RFPs, #3 Exhibit B to Joint Stipulation - Summary of Interrogatories, #4 Declaration of D. Vonderhaar ISO Motion to Compel, #5 Exhibit 1 to Declaration of D. Vonderhaar, #6 Exhibit 2 to Declaration of D. Vonderhaar, #7 Exhibit 3 to Declaration of D. Vonderhaar, #8 Exhibit 4 to Declaration of D. Vonderhaar, #9 Exhibit 5 to Declaration of D. Vonderhaar, #10 Exhibit 6 to Declaration of D. Vonderhaar, #11 Exhibit 7 to Declaration of D. Vonderhaar, #12 Exhibit 8 to Declaration of D. Vonderhaar, #13 Exhibit 9 to Declaration of D. Vonderhaar, #14 Exhibit 10 to Declaration of D. Vonderhaar, #15 Exhibit 11 to Declaration of D. Vonderhaar, #16 Proposed Order)(Lin, Albert)
January 6, 2021 Filing 286 NOTICE of Public Filing re Order Granting in Part and Denying in Part Applications to File Under Seal filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 13 to Third Amended Complaint and Proposed Fourth Amended Complaint, #2 Exhibit 15 to Third Amended Complaint and Proposed Fourth Amended Complaint)(Treckler, Elizabeth)
January 6, 2021 Opinion or Order Filing 285 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motion #255 set for Monday, January 11, 2021 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
January 4, 2021 Filing 284 NOTICE filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (Baker, Amy)
December 30, 2020 Opinion or Order Filing 283 ORDER GRANTING DEFENDANT'S MOTION FOR AN EXTENSION OF TIME TO PRODUCE DOCUMENTS #280 by Magistrate Judge Autumn D. Spaeth. Pandora's time to produce documents in accordance with the Court's Order Re Joint Stipulation on ESI Protocol [ECF NO. 231], dated November 6, 2020, is extended from January 5, 2021 to February 4, 2021. (hr)
December 30, 2020 Filing 282 NOTICE OF MOTION AND Amended MOTION to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 1/20/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation Regarding Pandora's Motion to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents, #2 Proposed Order)(Stolper, Andrew)
December 30, 2020 Filing 281 NOTICE OF MOTION AND Amended MOTION to Compel Further Responses to Request for Production of Documents (Set One), and to Produce Documents filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 1/20/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation Regarding Defendant Pandora's Amended Motion to Compel Further Responses to Request for Production of Documents (Set One), and to Produce Documents, #2 Exhibit 1 to Joint Stipulation, #3 Proposed Order)(Stolper, Andrew)
December 29, 2020 Filing 280 NOTICE OF MOTION AND MOTION to Continue Deadline to Produce Documents per Court Order Dated November 6, 2020 [ ECF No. 231] from January 5, 2021 to February 4, 2021 Re: Order #231 filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 1/20/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Memorandum, #2 Declaration of Jonathan Parrott, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Proposed Order) (Stolper, Andrew)
December 29, 2020 Filing 279 DECLARATION of Albert G. Lin in support of MOTION to Compel Further Responses to Request for Production of Documents (Set Three), and to Produce Documents #276 , MOTION to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents #275 , MOTION to Compel Further Responses to Request for Production of Documents (Set Four), and to Produce Documents #277 , MOTION to Compel Further Responses to Request for Production of Documents (Set One), and to Produce Documents #274 filed by Defendant Pandora Marketing, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Stolper, Andrew)
December 29, 2020 Filing 278 DECLARATION of Jonathan Parrott in support of MOTION to Compel Further Responses to Request for Production of Documents (Set Three), and to Produce Documents #276 , MOTION to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents #275 , MOTION to Compel Further Responses to Request for Production of Documents (Set Four), and to Produce Documents #277 , MOTION to Compel Further Responses to Request for Production of Documents (Set One), and to Produce Documents #274 filed by Defendant Pandora Marketing, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Stolper, Andrew)
December 29, 2020 Filing 277 NOTICE OF MOTION AND MOTION to Compel Further Responses to Request for Production of Documents (Set Four), and to Produce Documents filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 1/20/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation Regarding Pandora's Motion to Compel Further Responses to Request for Production of Documents (Set Four), and to Produce Documents, #2 Proposed Order)(Stolper, Andrew)
December 29, 2020 Filing 276 NOTICE OF MOTION AND MOTION to Compel Further Responses to Request for Production of Documents (Set Three), and to Produce Documents filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 1/20/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation Regarding Pandora's Motion to Compel Further Responses to Request for Production of Documents (Set Three), and to Produce Documents, #2 Proposed Order)(Stolper, Andrew)
December 29, 2020 Filing 275 NOTICE OF MOTION AND MOTION to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 1/20/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation Regarding Pandora's Motion to Compel Further Responses to Request for Production of Documents (Set Two), and to Produce Documents, #2 Proposed Order)(Stolper, Andrew)
December 29, 2020 Filing 274 NOTICE OF MOTION AND MOTION to Compel Further Responses to Request for Production of Documents (Set One), and to Produce Documents filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 1/20/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation Regarding Pandora's Motion to Compel Further Responses to Request for Production of Documents (Set One), and to Produce Documents, #2 Exhibit 1 to Joint Stipulation, #3 Proposed Order)(Stolper, Andrew)
December 29, 2020 Opinion or Order Filing 273 ORDER RE JOINT STIPULATION ON ESI PROTOCOL RE PLAINTIFFS' RFP NO. 32 #270 by Magistrate Judge Autumn D. Spaeth. (see document for details) (hr)
December 28, 2020 Filing 272 REPLY in Support of NOTICE OF MOTION AND MOTION to for Leave to File Fourth Amended Complaint #255 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
December 28, 2020 Opinion or Order Filing 271 ORDER by Judge Dale S. Fischer GRANTING in Part and DENYING in Part Applications to File Under Seal (Dkt.s. #253 , #256 ). See Order for specifics. (jp)
December 23, 2020 Filing 270 STIPULATION for Order re ESI Protocol Pursuant to December 3, 2020 Order re Plaintiffs' RFP No. 32 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order)(Treckler, Elizabeth)
December 23, 2020 Filing 269 NOTICE OF MOTION AND MOTION for Order for Increase of Deposition Limit filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 1/20/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Declaration of E. Treckler ISO Motion to Increase Deposition Limit, #2 Proposed Order)(Treckler, Elizabeth)
December 23, 2020 Filing 268 NOTICE OF MOTION AND MOTION for Order for Increase of Deposition Limit filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 1/20/2021 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Declaration of E. Treckler ISO Motion to Increase Deposition Limit, #2 Joint Stipulation re Motion to Increase Deposition Limit, #3 Proposed Order)(Treckler, Elizabeth)
December 23, 2020 Opinion or Order Filing 267 ORDER by Judge Dale S. Fischer GRANTING Stipulation Re Plaintiffs' Third Amended Complaint and Defendants Motion to Stay #266 . Defendants' Motion to Stay the Proceedings #265 will be continued to 2/1/2021 at 1:30 PM before Judge Dale S. Fischer. See Order for specifics. (jp)
December 23, 2020 Filing 266 STIPULATION for Extension of Time to File re Plaintiffs' Third Amended Complaint and Defendants' Motion to Stay filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order)(Treckler, Elizabeth)
December 21, 2020 Filing 265 NOTICE OF MOTION AND MOTION to Stay Case pending Lawyer Defendants' Appeals filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, Intermarketing Media, LLC, Miranda McCroskey, Miranda Dempsey, APLC, Pandora Marketing, LLC, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC, Unlock Legal, APLC. Motion set for hearing on 1/25/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration Johnny L. Antwiler, #2 Proposed Order) (Antwiler, Johnny)
December 21, 2020 Filing 264 OPPOSITION to NOTICE OF MOTION AND MOTION to for Leave to File Fourth Amended Complaint #255 filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, Intermarketing Media, LLC, Miranda McCroskey, Miranda Dempsey, APLC, Pandora Marketing, LLC, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC, Unlock Legal, APLC, Counter Claimant Intermarketing Media, LLC. (Baker, Amy)
December 17, 2020 Opinion or Order Filing 263 ORDER RE: STIPULATION TO EXTEND TIME TO FILE JOINT STIPULATION RE: ESI PROTOCOL FOR DEFENDANTS' RESPONSES TO DIAMONDS RFP 32 #260 [NOTE: CHANGES MADE BY THE COURT] by Magistrate Judge Autumn D. Spaeth. (see document for details) (hr)
December 17, 2020 Filing 262 NOTICE of Interested Parties filed by Defendant/Counterclaimant Intermarketing Media, LLC, identifying Spectrum Holdings Irrevocable Trust. (Pinckes, Randi)
December 16, 2020 Filing 261 RESPONSE IN SUPPORT of APPLICATION to file document re Portions of Third Amended Complaint under seal #253 filed by Defendant Pandora Marketing, LLC. (Attachments: #1 Declaration of Catherine Tan)(Stolper, Andrew)
December 16, 2020 Filing 260 STIPULATION for Extension of Time to File Amended ESI Protocol for Defendants' Responses to Diamond's RFP No. 32 filed by Defendants Intermarketing Media, LLC, Pandora Marketing, LLC. (Attachments: #1 Proposed Order)(Stolper, Andrew)
December 15, 2020 Filing 259 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #248 , Answer to Complaint (Discovery), Counterclaim #247 by Deputy Clerk of Court. The Document is Accepted; however, the parties must file their Notice of Interested parties no later than December 18, 2020. (rfi)
December 14, 2020 Filing 258 PROOF OF SERVICE filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, re Sealed Declaration in SupportDeclaration, #254 , Sealed Declaration in SupportDeclaration, #257 served on December 11, 2020; December 14, 2020. (Treckler, Elizabeth)
December 14, 2020 Filing 257 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document re Portions of Motion for Leave to File Fourth Amended Complaint under seal #256 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 13 to Proposed Fourth Amended Complaint, #2 Exhibit 15 to Proposed Fourth Amended Complaint)(Treckler, Elizabeth)
December 14, 2020 Filing 256 APPLICATION to file document re Portions of Motion for Leave to File Fourth Amended Complaint under seal filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order, #2 Exhibit 13 to Proposed Fourth Amended Complaint (under seal), #3 Exhibit 15 to Proposed Fourth Amended Complaint (under seal))(Treckler, Elizabeth)
December 14, 2020 Filing 255 NOTICE OF MOTION AND MOTION to for Leave to File Fourth Amended Complaint filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 1/11/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities ISO Motion for Leave to File Fourth Amended Complaint, #2 Declaration of A. Lin ISO Motion for Leave to File Fourth Amended Complaint, #3 Exhibit A to Lin Decl. - Proposed Fourth Amended Complaint, #4 Exhibit B to Lin Decl. - Redline Comparison re Third and Fourth Amended Complaints, #5 Exhibit C to Lin Decl. - Redline Comparison re Second and Fourth Amended Complaints, #6 Proposed Order) (Lin, Albert)
December 11, 2020 Filing 254 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document re Portions of Third Amended Complaint under seal #253 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Unredacted Document Exhibit 13 to Third Amended Complaint, #2 Unredacted Document Exhibit 15 to Third Amended Complaint)(Treckler, Elizabeth)
December 11, 2020 Filing 253 APPLICATION to file document re Portions of Third Amended Complaint under seal filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order, #2 Redacted Document Exhibit 13, #3 Redacted Document Exhibit 15)(Treckler, Elizabeth)
December 11, 2020 Filing 252 NOTICE filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. re Third Amended Complaint and Forthcoming Motion for Leave to File Fourth Amended Complaint (Attachments: #1 Exhibit A - Redline Comparison)(Lin, Albert)
December 11, 2020 Filing 251 THIRD AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition,,,, #184 , filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Exhibit 1 - Resort Advisory Rule 26 Initial Disclosures, #2 Exhibit 2 - May 11, 2019 Email from Resort Advisory, #3 Exhibit 3 - BBB Complaint re Resort Advisory, #4 Exhibit 4 - Timeshare Compliance Rule 26 Initial Disclosures, #5 Exhibit 5 - May 3, 2018 Email from Resort Advisory, #6 Exhibit 6 - Letter from McCroskey to BBB, #7 Exhibit 7 - Dec. 6, 2017 Letter from Slattery to Diamond, #8 Exhibit 8 - Aug. 21, 2017 Letter from Slattery to Diamond, #9 Exhibit 9 - July 12, 2017 Letter from McCroskey to Diamond, #10 Exhibit 10 - Mar. 7, 2019 Email from BB to Resort Advisory consumers, #11 Exhibit 11 - Mar. 29, 2019 Letter from BB to Resort Advisory client, #12 Exhibit 12 - Exemplar Fee Agreement, #13 Exhibit 13 (filed under seal), #14 Exhibit 14 - Declarations of Pamela Pressney and John Pressney, #15 Exhibit 15 (filed under seal), #16 Exhibit 16 - TSC's How to Break Free From Your Timeshare brochure)(Lin, Albert)
December 9, 2020 Opinion or Order Filing 250 TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer. The ex parte application, dkt. #249 , is denied without prejudice to a properly noticed motion. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
December 8, 2020 Filing 249 EX PARTE APPLICATION to Stay Case pending Appeal filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, Intermarketing Media, LLC, Miranda McCroskey, Miranda Dempsey, APLC, Pandora Marketing, LLC, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC, Unlock Legal, APLC. (Attachments: #1 Proposed Order) (Attorney Johnny Lee Antwiler, II added to party Intermarketing Media, LLC(pty:dft), Attorney Johnny Lee Antwiler, II added to party Miranda McCroskey(pty:dft), Attorney Johnny Lee Antwiler, II added to party Miranda Dempsey, APLC(pty:dft), Attorney Johnny Lee Antwiler, II added to party Pandora Marketing, LLC(pty:dft), Attorney Johnny Lee Antwiler, II added to party Unlock Legal, APLC(pty:dft)) (Antwiler, Johnny)
December 6, 2020 Filing 248 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint and Counterclaim #247 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Other error(s) with document(s): Missing counterclaim party(s) in caption. 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)
December 4, 2020 Filing 247 ANSWER to Amended Complaint/Petition,,,, #184 with JURY DEMAND , COUNTERCLAIM against All Plaintiffs filed by Defendant Intermarketing Media, LLC.(Pinckes, Randi)
December 4, 2020 Filing 246 ANSWER to Amended Complaint/Petition,,,, #184 with JURY DEMAND filed by Defendant Pandora Marketing, LLC.(Stolper, Andrew)
December 4, 2020 Filing 245 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-56286 assigned to Notice of Appeal to 9th Circuit Court of Appeals #243 as to Defendant Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (iv)
December 3, 2020 Opinion or Order Filing 244 MINUTE (IN CHAMBERS) ORDER RE: PLAINTIFF'S MOTION TO COMPEL #200 by Magistrate Judge Autumn D. Spaeth. The remaining issues are whether TPE Defendants must be compelled to produce documents responsive to Document Requests 4, 32, 52-54 (RAG) and 53-55 (TSC). These remaining requests are ready for decision. Plaintiffs' Motion to Compel is granted in part and denied in part. (see document for further details) (hr)
December 3, 2020 Filing 243 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. Appeal of Order #238 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-29335662.) (Baker, Amy)
December 2, 2020 Filing 242 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-56271 assigned to Notice of Appeal to 9th Circuit Court of Appeals #241 as to Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. (jp)
November 30, 2020 Filing 241 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. Appeal of Order #238 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-29273347.) (Edgerton, Samuel)
November 30, 2020 Opinion or Order Filing 240 ORDER by Judge Dale S. Fischer re Stipulation to Extend Time to Respond to Second Amended Complaint #239 . See Order for specifics. (jp)
November 30, 2020 Filing 239 STIPULATION Extending Time to Answer the complaint as to Pandora Marketing, LLC answer now due 12/4/2020; Intermarketing Media, LLC answer now due 12/4/2020, re Amended Complaint/Petition,,,, #184 filed by Defendants Pandora Marketing, LLC; Intermarketing Media, LLC. (Attachments: #1 Proposed Order)(Stolper, Andrew)
November 13, 2020 Opinion or Order Filing 238 ORDER by Judge Dale S. Fischer DENYING Defendants' MOTIONS to Strike (Dkts. #190 , #195 ). See Order for specifics. (jp)
November 13, 2020 Opinion or Order Filing 237 ORDER by Judge Dale S. Fischer granting #235 Non-Resident Attorney Carrie Dettmer Slye APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, designating Teresa C Chow as local counsel. (jp)
November 12, 2020 Filing 236 NOTICE OF LODGING filed re APPLICATION of Non-Resident Attorney Carrie Dettmer Slye to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receip #235 (Attachments: #1 Proposed Order)(Chow, Teresa)
November 12, 2020 Filing 235 APPLICATION of Non-Resident Attorney Carrie Dettmer Slye to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28983916) filed by Diamond Resorts U.S. Collections Development LLC., Diamond Resorts Hawaii Collection Development LLC Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Chow, Teresa)
November 9, 2020 Opinion or Order Filing 234 ORDER by Judge Dale S. Fischer GRANTING Defendants Slattery, Sobel and Decamp, LLP; De Mar Law Group, LLP; Carlsbad Law Group, LLP; JL "Sean" Slattery; Miranda McCroskey; McCroskey Legal; and Unlock Legal's Motions to dismiss (Dkts. #189 , #195 ). See Order for specifics. (jp)
November 9, 2020 Opinion or Order Filing 233 ORDER by Judge Dale S. Fischer GRANTING in part and DENYING in Part Defendants Pandora Marketing, LLC's and Intermarketing Media, LLC'S Motions to Dismiss (Dkts. #186 , #188 ). See Order for specifics. (jp)
November 6, 2020 Opinion or Order Filing 232 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motions #186 , #188 , #189 , #190 and #195 set for Monday, November 9, 2020 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
November 6, 2020 Opinion or Order Filing 231 ORDER RE JOINT STIPULATION ON ESI PROTOCOL #227 by Magistrate Judge Autumn D. Spaeth. (see document for details) (hr)
November 5, 2020 Filing 230 NOTICE OF FILING TRANSCRIPT filed for proceedings 10-21-2020 re Transcript #229 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY
November 5, 2020 Filing 229 TRANSCRIPT for proceedings held on 10-21-2020. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder 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 11/27/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/3/2021. (jlo)
November 4, 2020 Filing 228 NOTICE of Public Filing re Order Denying Application to File Under Seal Portions of Omnibus Opposition to Special Motions to Strike Plaintiffs' Second Amended Complaint filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Omnibus Opposition to Special Motions to Strike Plaintiffs' Second Amended Complaint, #2 Exhibit 1 to Declaration of A. Lin (Payments from Lawyer Defendants), #3 Exhibit 2 to Declaration of A. Lin (Del Mar Law Group Payment History), #4 Exhibit 3 to Declaration of A. Lin (Service Agreement between Pandora and Del Mar), #5 Exhibit 5 to Declaration of A. Lin (McCroskey Legal Payment History), #6 Exhibit 6 to Declaration of A. Lin (CRM data), #7 Exhibit 7 to Declaration of A. Lin (CRM data), #8 Exhibit 11 to Declaration of A. Lin (CRM data), #9 Exhibit 17 to Declaration of A. Lin (CRM data), #10 Exhibit 19 to Declaration of A. Lin (CRM data))(Treckler, Elizabeth)
November 4, 2020 Filing 227 STIPULATION for Discovery as to ESI PROTOCOL filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order)(Treckler, Elizabeth)
November 4, 2020 Opinion or Order Filing 226 AMENDED ORDER GRANTING IN PART, DENYING IN PART, AND TAKING UNDER CONSIDERATION IN PART PLAINTIFFS' MOTION TO ENFORCE JUNE 5 DISCOVERY ORDER AND COMPEL DISCOVERY #200 by Magistrate Judge Autumn D. Spaeth, amending Order #213 . (see document for details) (hr)
November 4, 2020 Opinion or Order Filing 225 TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer: On October 26, 2020, the Court denied the Application to Seal, dkt. #204 , and ordered that the materials be filed for public view consistent with Local Rule 79-5.2.2(b)(ii). It does not appear that the Court's order has been complied with. If the Filing Party wishes the Court to consider the documents, they must be filed for public view no later than November 10, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
October 28, 2020 Filing 224 STATUS REPORT re Parties' ESI Protocol filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Treckler, Elizabeth)
October 28, 2020 Filing 223 NOTICE OF LODGING filed re Order on Motion to Compel,, Motion Hearing,, Link Motions to Minutes, #211 , Notice of Lodging, #212 (Attachments: #1 Amended Proposed Order, #2 Exhibit 1)(Treckler, Elizabeth)
October 27, 2020 Filing 222 OPPOSITION re: MOTION to Compel Discovery and Enforce June 5 Discovery Order #200 Supplemental Memorandum re: RFP No. 4 filed by Defendant Intermarketing Media, LLC. (Pinckes, Randi)
October 27, 2020 Filing 221 OPPOSITION to MOTION to Compel Discovery and Enforce June 5 Discovery Order #200 Supplemental Memorandum filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
October 27, 2020 Filing 220 TRANSCRIPT ORDER as to Defendant Pandora Marketing, LLC for Court Smart (CS). Court will contact Maritza Nowowiejski at mnowowiejski@lawfss.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Stolper, Andrew)
October 26, 2020 Filing 219 REPLY in support of First NOTICE OF MOTION AND MOTION to Strike Second Amended Complaint Amended Complaint/Petition,,,, #184 #190 filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. (Antwiler, Johnny)
October 26, 2020 Filing 218 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' SECOND AMENDED COMPLAINT #188 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #186 filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. (Antwiler, Johnny)
October 26, 2020 Filing 217 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' SECOND AMENDED COMPLAINT #188 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #186 filed by Defendants Intermarketing Media, LLC, Pandora Marketing, LLC. (Stolper, Andrew)
October 26, 2020 Filing 216 REPLY NOTICE OF MOTION AND MOTION to Strike Plaintiffs' Second Amended Complaint and Motion to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) Amended Complaint/Petition,,,, #184 #195 filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (Baker, Amy)
October 26, 2020 Opinion or Order Filing 215 ORDER by Judge Dale S. Fischer DENYING Application to Seal (Dkt. No. #204 ). See Order for specifics. (jp)
October 23, 2020 Filing 214 SUPPLEMENT to MOTION to Compel Discovery and Enforce June 5 Discovery Order #200 re RFP No. 4 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
October 23, 2020 Opinion or Order Filing 213 ORDER GRANTING IN PART, DENYING IN PART, AND TAKING UNDER CONSIDERATION IN PART PLAINTIFFS' MOTION TO ENFORCE JUNE 5 DISCOVERY ORDER AND COMPEL DISCOVERY #200 by Magistrate Judge Autumn D. Spaeth. (kh)
October 22, 2020 Filing 212 NOTICE OF LODGING filed re MOTION to Compel Discovery and Enforce June 5 Discovery Order #200 , Order on Motion to Compel,, Motion Hearing,, Link Motions to Minutes, #211 (Attachments: #1 Proposed Order)(Treckler, Elizabeth)
October 21, 2020 Filing 211 MINUTES OF PLAINTIFFS' MOTION TO COMPEL AND ENFORCE JUNE 5, 2020 DISCOVERY ORDER AND COMPEL DISCOVERY Hearing held before Magistrate Judge Autumn D. Spaeth: Case is called for hearing. Appearances entered. Argument heard. Plaintiffs' Motion #200 is GRANTED IN PART, DENIED IN PART and TAKEN UNDER CONSIDERATION as reflected on the record. The moving party shall prepare and submit a proposed order consistent with the Court's ruling. Court Recorder: Microsoft Teams. (kh)
October 19, 2020 Filing 210 VIDEO CONFERENCE SCHEDULING NOTICE: The hearing on Plaintiffs' Motion to Compel #200 , presently set for October 21, 2020 at 10:00am before Magistrate Judge Autumn D. Spaeth will be conducted via Microsoft Teams. The participating parties will be provided with an access link for a Microsoft Teams Meeting. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
October 14, 2020 Filing 209 PROOF OF SERVICE filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, re Sealed Declaration in SupportDeclaration,,, #205 served on October 12, 2020. (Treckler, Elizabeth)
October 12, 2020 Filing 208 Omnibus Opposition to the Lawyer Defendants' Motions to Dismiss Second Amended Complaint Opposition re: NOTICE OF MOTION AND MOTION to Strike Plaintiffs' Second Amended Complaint and Motion to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) Amended Complaint/Petition,,,, #184 #195 , First NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #189 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Lin, Albert)
October 12, 2020 Filing 207 Omnibus Opposition to Exit Company Defendants' Motions to Dismiss Second Amended Complaint Opposition re: NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' SECOND AMENDED COMPLAINT #188 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #186 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of E. Treckler ISO Omnibus Opposition to Exit Company Defendants' Motions to Dismiss, #2 Exhibit 1 to Declaration of E. Treckler (Diamond Owner contract numbers), #3 Exhibit 2 to Declaration of E. Treckler (Diamond v. US Consumer Attorneys, Am. Report and Recommendation, Dkt. 258))(Lin, Albert)
October 12, 2020 Filing 206 Omnibus Opposition to Special Motions to Strike Plaintiffs' Second Amended Complaint Opposition re: NOTICE OF MOTION AND MOTION to Strike Plaintiffs' Second Amended Complaint and Motion to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) Amended Complaint/Petition,,,, #184 #195 , First NOTICE OF MOTION AND MOTION to Strike Second Amended Complaint Amended Complaint/Petition,,,, #184 #190 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of Albert G. Lin ISO Omnibus Opposition to Special Motions to Strike Plaintiffs' Second Amended Complaint, #2 Exhibit 1 to Declaration of A. Lin (under seal), #3 Exhibit 2 to Declaration of A. Lin (under seal), #4 Exhibit 3 to Declaration of A. Lin (under seal), #5 Exhibit 4 to Declaration of A. Lin (excerpts from RAG's CRM), #6 Exhibit 5 to Declaration of A. Lin (under seal), #7 Exhibit 6 to Declaration of A. Lin (under seal), #8 Exhibit 7 to Declaration of A. Lin (under seal), #9 Exhibit 8 to Declaration of A. Lin (excerpts from TSC's CRM), #10 Exhibit 9 to Declaration of A. Lin (excerpts from TSC's CRM), #11 Exhibit 10 to Declaration of A. Lin (excerpts from RAG's CRM), #12 Exhibit 11 to Declaration of A. Lin (under seal), #13 Exhibit 12 to Declaration of A. Lin (excerpts from RAG's CRM), #14 Exhibit 13 to Declaration of A. Lin (under seal), #15 Exhibit 14 to Declaration of A. Lin (Trustpilot Reviews), #16 Exhibit 15 to Declaration of A. Lin (excerpts from RAG's CRM), #17 Exhibit 16 to Declaration of A. Lin (excerpts from RAG's CRM), #18 Exhibit 17 to Declaration of A. Lin (under seal), #19 Exhibit 18 to Declaration of A. Lin (excerpts from RAG's CRM), #20 Exhibit 19 to Declaration of A. Lin (under seal), #21 Exhibit 20 to Declaration of A. Lin (Declaration of P. Pressney), #22 Exhibit 21 to Declaration of A. Lin (Declaration of J. Pressney), #23 Exhibit 22 to Declaration of A. Lin (Declaration of P. Martinez), #24 Exhibit 23 to Declaration of A. Lin (Declaration of R. Martinez), #25 Exhibit 24 to Declaration of A. Lin (Declaration of D. Abel), #26 Exhibit 25 to Declaration of A. Lin (Declaration of H. Abel), #27 Exhibit 26 to Declaration of A. Lin (Jocson v. Diamond, Dkt. 35), #28 Exhibit 27 to Declaration of A. Lin (TSC Reply ISO Motion to Dismiss, Dkt. 106), #29 Exhibit 28 to Declaration of A. Lin (RAG's Reply ISO Motion to Dismiss, Dkt. 107), #30 Exhibit 29 to Declaration of A. Lin (TSC's Initial Disclosures), #31 Exhibit 30 to Declaration of A. Lin (RAG's Initial Disclosures), #32 Exhibit 31 to Declaration of A. Lin (TSC's Answers and Objections to First Set of Interrogatories), #33 Exhibit 32 to Declaration of A. Lin (Declaration of T. Clark), #34 Exhibit 33 to Declaration of A. Lin (RAG's Responses to First Set of Interrogatories), #35 Exhibit 34 to Declaration of A Lin. (excerpts from June 4, 2020 Discovery Hearing transcript), #36 Exhibit 35 to Declaration of A. Lin (Harding v. Diamond - docket report), #37 Exhibit 36 to Declaration of A. Lin (sample Diamond Purchase Agreement))(Lin, Albert)
October 12, 2020 Filing 205 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Omnibus Opposition to Special Motions to Strike Plaintiffs' Second Amended Complaint under seal #204 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Unredacted Document Omnibus Opposition to Special Motions to Strike Plaintiffs' Second Amended Complaint, #2 Unredacted Document Exhibit 1 to Lin Decl., #3 Unredacted Document Exhibit 2 to Lin Decl., #4 Unredacted Document Exhibit 3 to Lin Decl., #5 Unredacted Document Exhibit 5 to Lin Decl., #6 Unredacted Document Exhibit 6 to Lin Decl., #7 Unredacted Document Exhibit 7 to Lin Decl., #8 Unredacted Document Exhibit 11 to Lin Decl., #9 Unredacted Document Exhibit 13 to Lin Decl., #10 Unredacted Document Exhibit 17 to Lin Decl., #11 Unredacted Document Exhibit 19 to Lin Decl.)(Treckler, Elizabeth)
October 12, 2020 Filing 204 APPLICATION to file document Portions of Omnibus Opposition to Special Motions to Strike Plaintiffs' Second Amended Complaint under seal filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order, #2 Redacted Document Opposition to Special Motion to Strike Plaintiffs' Second Amended Complaint, #3 Redacted Document Exhibit 1 to Lin Decl., #4 Redacted Document Exhibit 2 to Lin Decl., #5 Redacted Document Exhibit 3 to Lin Decl., #6 Redacted Document Exhibit 5 to Lin Decl., #7 Redacted Document Exhibit 6 to Lin Decl., #8 Redacted Document Exhibit 7 to Lin Decl., #9 Redacted Document Exhibit 11 to Lin Decl., #10 Redacted Document Exhibit 13 to Lin Decl., #11 Redacted Document Exhibit 17 to Lin Decl., #12 Redacted Document Exhibit 19 to Lin Decl.)(Treckler, Elizabeth)
October 7, 2020 Filing 203 SUPPLEMENT to MOTION to Compel Discovery and Enforce June 5 Discovery Order #200 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of A. Lin ISO Supplemental Memorandum, #2 Exhibit 27 to A. Lin Decl., #3 Exhibit 28 to A. Lin Decl., #4 Exhibit 29 to A. Lin Decl., #5 Exhibit 30 to A. Lin Decl., #6 Exhibit 31 to A. Lin Decl.)(Lin, Albert)
October 7, 2020 Filing 202 MEMORANDUM in Opposition to MOTION to Compel Discovery and Enforce June 5 Discovery Order #200 filed by Defendant Intermarketing Media, LLC. (Pinckes, Randi)
October 7, 2020 Filing 201 SUPPLEMENT to MOTION to Compel Discovery and Enforce June 5 Discovery Order #200 Defendant's Supplemental Memorandum in Opposition filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
September 23, 2020 Filing 200 NOTICE OF MOTION AND MOTION to Compel Discovery and Enforce June 5 Discovery Order filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 10/21/2020 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Stipulation, #2 Scheduling Order, #3 Declaration of A. Lin, #4 Exhibit 1 to A. Lin Dec., #5 Exhibit 2 to A. Lin Dec., #6 Exhibit 3 to A. Lin Dec., #7 Exhibit 4 to A. Lin Dec., #8 Exhibit 5 to A. Lin Dec., #9 Exhibit 6 to A. Lin Dec., #10 Exhibit 7 to A. Lin Dec., #11 Exhibit 8 to A. Lin Dec., #12 Exhibit 9 to A. Lin Dec., #13 Exhibit 10 to A. Lin Dec., #14 Exhibit 11 to A. Lin Dec., #15 Exhibit 12 to A. Lin Dec., #16 Exhibit 13 to A. Lin Dec., #17 Exhibit 14 to A. Lin Dec., #18 Exhibit 15 to A. Lin Dec., #19 Exhibit 16 to A. Lin Dec., #20 Exhibit 17 to A. Lin Dec., #21 Exhibit 18 to A. Lin Dec., #22 Exhibit 19 to A. Lin Dec., #23 Exhibit 20 to A. Lin Dec., #24 Exhibit 21 to A. Lin Dec., #25 Exhibit 22 to A. Lin Dec., #26 Exhibit 23 to A. Lin Dec., #27 Exhibit 24 to A. Lin Dec., #28 Exhibit 25 to A. Lin Dec., #29 Exhibit 26 to A. Lin Dec., #30 Declaration of C. Tan, #31 Declaration of J. Parrott, #32 Declaration of R. Pinckes, #33 Exhibit A to R. Pinckes Dec., #34 Exhibit B to R. Pinckes Dec., #35 Exhibit C to R. Pinckes Dec., #36 Exhibit D to R. Pinckes Dec., #37 Exhibit E to R. Pinckes Dec., #38 Proposed Order)(Lin, Albert)
September 11, 2020 Opinion or Order Filing 199 MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR FEES FOR SUBPOENA COMPLIANCE by Magistrate Judge Autumn D. Spaeth. On August 14, 2020, non-party Brent Barlow ("Moving Party") filed a Motion for Fees for Subpoena Compliance ("Motion for Fees"). [Dkt. No. #178 ]. The Motion for Fees is denied without prejudice. If the parties wish to request to continue the hearing on this matter to another date so that they may file supplemental briefing addressing the issues identified in this order, prior to the original hearing date they may contact the Courtroom Deputy with the request, which should include a proposed new hearing date and a schedule for further briefing. (see document for further details). (et)
September 10, 2020 Filing 198 JOINDER in NOTICE OF MOTION AND MOTION to Strike Plaintiffs' Second Amended Complaint and Motion to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) Amended Complaint/Petition,,,, #184 #195 filed by Defendant Pandora Marketing, LLC. (Stolper, Andrew)
September 9, 2020 Opinion or Order Filing 197 ORDER by Judge Dale S. Fischer GRANTING Stipulation re Briefing Schedule for Motions Challenging Plaintiffs' Second Amended Complaint #196 . See Order for specifics. (jp)
September 8, 2020 Filing 196 STIPULATION for Hearing re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' SECOND AMENDED COMPLAINT #188 , First NOTICE OF MOTION AND MOTION to Strike Second Amended Complaint Amended Complaint/Petition,,,, #184 #190 , NOTICE OF MOTION AND MOTION to Strike Plaintiffs' Second Amended Complaint and Motion to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) Amended Complaint/Petition,,,, #184 #195 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #186 , First NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #189 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order)(Chow, Teresa)
September 8, 2020 Filing 195 NOTICE OF MOTION AND MOTION to Strike Plaintiffs' Second Amended Complaint and Motion to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) Amended Complaint/Petition,,,, #184 filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. Motion set for hearing on 11/9/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order) (Baker, Amy)
September 4, 2020 Filing 194 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney John Y. Benford to Appear Pro Hac Vice on behalf of Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-27929578) #187 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (Thrasher, Lupe)
September 4, 2020 Opinion or Order Filing 193 ORDER by Judge Dale S. Fischer denying #187 Non-Resident Attorney John Y Benford APPLICATION to Appear Pro Hac Vice on behalf of Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. Pursuant to L.R. 83-2.1.3.4; Local Counsel does not maintain office in District. (jp)
September 4, 2020 Filing 192 NOTICE OF ERRATA filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. correcting Memorandum in Support of Motion #191 (Baker, Amy)
September 3, 2020 Filing 191 MEMORANDUM in Support of Motion to Strike and Motion to Dismiss Second Amended Complaint filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (Attachments: #1 Declaration of Miranda McCroskey)(Baker, Amy)
September 3, 2020 Filing 190 First NOTICE OF MOTION AND MOTION to Strike Second Amended Complaint Amended Complaint/Petition,,,, #184 filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. Motion set for hearing on 11/9/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration) (Antwiler, Johnny)
September 3, 2020 Filing 189 First NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL Sean Slattery, Slattery, Sobel and DeCamp, LLC. Motion set for hearing on 11/9/2020 at 01:30 PM before Judge Dale S. Fischer. (Antwiler, Johnny)
September 3, 2020 Filing 188 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' SECOND AMENDED COMPLAINT filed by Defendant Intermarketing Media, LLC. Motion set for hearing on 11/9/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order) (Outwater, David)
September 3, 2020 Filing 187 APPLICATION of Non-Resident Attorney John Y. Benford to Appear Pro Hac Vice on behalf of Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-27929578) filed by Defendants Miranda McCroskey, Miranda Dempsey, APLC, Unlock Legal, APLC. (Attachments: #1 Proposed Order) (Baker, Amy)
September 3, 2020 Filing 186 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendant Pandora Marketing, LLC. Motion set for hearing on 11/9/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Request for Judicial Notice in support of Defendant Pandora Marketing's Motion to Dismiss, #2 Proposed Order) (Stolper, Andrew)
August 25, 2020 Filing 185 NOTICE of Interested Parties filed by Defendant Pandora Marketing, LLC, (Stolper, Andrew)
August 21, 2020 Filing 184 SECOND AMENDED COMPLAINT against Pandora Marketing, LLC; Intermarketing Media, LLC; Slattery, Sobel & Decamp, LLP; Del Mar Law Group, LLP; Carlsbad Law Group, LLP; JL "Sean" Slattery; Unlock Legal, APLC; Miranda Dempsey, APLC dba McCroskey Legal; Miranda McCroskey All Defendants amending COMPLAINT - event converted from ICMS,,, #62 , filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Exhibit 1 - Resort Advisory Rule 26 Initial Disclosures, #2 Exhibit 2 - May 11, 2019 Email from Resort Advisory, #3 Exhibit 3 - BBB Complaint re Resort Advisory, #4 Exhibit 4 - Timeshare Compliance Rule 26 Initial Disclosures, #5 Exhibit 5 - May 3, 2018 Email from Resort Advisory, #6 Exhibit 6 - Letter from McCroskey to BBB, #7 Exhibit 7 - Dec. 6, 2017 Letter from Slattery to Diamond, #8 Exhibit 8 - Aug. 21, 2017 Letter from Slattery to Diamond, #9 Exhibit 9 - July 12, 2017 Letter from McCroskey to Diamond, #10 Exhibit 10 - Mar. 7, 2019 Email from BB to Resort Advisory consumers, #11 Exhibit 11 - Mar. 29, 2019 Letter from BB to Resort Advisory client, #12 Exhibit 12 - Exemplar Fee Agreement)(Chow, Teresa)
August 19, 2020 Filing 183 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Second Amended Complaint/Petition #181 by Judge Dale S. Fischer. The document is stricken and counsel is ordered to file an amended or corrected document by 8/28/2020. (et)
August 18, 2020 Filing 182 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second Amended Complaint/Petition #181 . The following error(s) was/were found: That all parties should be listed in the caption of the 2nd Amended Complaint, not just "et al." 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. (et)
August 15, 2020 Filing 181 Second AMENDED COMPLAINT against Pandora Marketing, LLC; Intermarketing Media, LLC; Slattery, Sobel & Decamp, LLP; Del Mar Law Group, LLP; Carlsbad Law Group, LLP; JL "Sean" Slattery; Unlock Legal, APLC; Miranda Dempsey, APLC dba McCroskey Legal; Miranda McCroskey All Defendants amending COMPLAINT - event converted from ICMS,,, #62 , filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Exhibit 1 - Resort Advisory Rule 26 Initial Disclosures, #2 Exhibit 2 - May 11, 2019 Email from Resort Advisory, #3 Exhibit 3 - BBB Complaint re Resort Advisory, #4 Exhibit 4 - Timeshare Compliance Rule 26 Initial Disclosures, #5 Exhibit 5 - May 3, 2018 Email from Resort Advisory, #6 Exhibit 6 - Letter from McCroskey to BBB, #7 Exhibit 7 - Dec. 6, 2017 Letter from Slattery to Diamond, #8 Exhibit 8 - Aug. 21, 2017 Letter from Slattery to Diamond, #9 Exhibit 9 - July 12, 2017 Letter from McCroskey to Diamond, #10 Exhibit 10 - Mar. 7, 2019 Email from BB to Resort Advisory consumers, #11 Exhibit 11 - Mar. 29, 2019 Letter from BB to Resort Advisory client, #12 Exhibit 12 - Exemplar Fee Agreement)(Chow, Teresa)
August 14, 2020 Filing 180 NOTICE OF NON-OPPOSITION to MOTION for Order for PAYMENT OF WITNESS FEES #178 filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of Douglas A. Vonderhaar ISO Non-Opposition, #2 Exhibit 1)(Treckler, Elizabeth)
August 14, 2020 Opinion or Order Filing 179 ORDER by Judge Dale S. Fischer GRANTING Stipulation re Plaintiffs Second amended Complaint #177 . Plaintiffs will file their SAC as a new docket entry within one (1) day of the Court's order granting leave for such filing. See Order for specifics. (jp)
August 14, 2020 Filing 178 NOTICE OF MOTION AND MOTION for Order for PAYMENT OF WITNESS FEES filed by non-party wirness BRENT DAVID BARLOW. Motion set for hearing on 9/16/2020 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Proposed Order)(Attorney Brent D Barlow added to party BRENT DAVID BARLOW(pty:mw))(Barlow, Brent)
August 14, 2020 Filing 177 STIPULATION for Leave to File Second Amended Complaint, or alternatively, Extend Time for Defendants to Respond to First Amended Complaint filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order)(Treckler, Elizabeth)
August 4, 2020 Filing 176 NOTICE OF ERRATA filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. correcting NOTICE OF MOTION AND MOTION to File Second Amended Complaint #174 (Attachments: #1 Corrected Exhibit A to Plaintiffs' Motion for Leave to File Second Amended Complaint, #2 Redline Comparison between Original and Corrected Exhibit A)(Chow, Teresa)
August 1, 2020 Filing 175 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to File Second Amended Complaint #174 (Attachments: #1 Proposed Order Granting Plaintiffs' Motion for Leave to File Second Amended Complaint)(Chow, Teresa)
July 31, 2020 Filing 174 NOTICE OF MOTION AND MOTION to File Second Amended Complaint filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Motion set for hearing on 8/31/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Leave, #2 Declaration of Albert G. Lin, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C) (Chow, Teresa)
July 29, 2020 Filing 173 NOTICE of Appearance filed by attorney Andrew D Stolper on behalf of Defendant Pandora Marketing, LLC (Stolper, Andrew)
July 29, 2020 Filing 172 NOTICE of Appearance filed by attorney Andrew D Stolper on behalf of Defendant Pandora Marketing, LLC (Stolper, Andrew)
July 28, 2020 Opinion or Order Filing 171 ORDER by Judge Dale S. Fischer GRANTING Second Stipulation to Extend time to Respond to Complaint to 8/14/2020 #170 . Plaintiffs will file their Second Amended Complaint on or before 7/31/2020. Defendants may have twenty (20) days from the date of the Court's order granting leave to file the SAC to file answers or otherwise respond to Plaintiffs' Second Amended Complaint. See Order for specifics. (jp)
July 28, 2020 Filing 170 STIPULATION Extending Time to Answer the complaint as to Unlock Legal, APLC answer now due 8/14/2020; Slattery, Sobel & Decamp, LLC answer now due 8/14/2020; Pandora Marketing, LLC answer now due 8/14/2020; McCroskey Legal answer now due 8/14/2020; Intermarketing Media, LLC answer now due 8/14/2020; Miranda McCroskey answer now due 8/14/2020; Del Mar Law Group, LLP answer now due 8/14/2020; Carlsbad Law Group, LLP answer now due 8/14/2020, re COMPLAINT - event converted from ICMS,,, #62 filed by Defendants Unlock Legal, APLC; Slattery, Sobel & Decamp, LLC; Pandora Marketing, LLC; McCroskey Legal ; Intermarketing Media, LLC; Miranda McCroskey; Del Mar Law Group, LLP; Carlsbad Law Group, LLP; J.L. Sean Slattery. (Attachments: #1 Proposed Order)(Attorney Andrew D Stolper added to party Carlsbad Law Group, LLP(pty:dft), Attorney Andrew D Stolper added to party Del Mar Law Group, LLP(pty:dft), Attorney Andrew D Stolper added to party Miranda McCroskey(pty:dft), Attorney Andrew D Stolper added to party McCroskey Legal (pty:dft), Attorney Andrew D Stolper added to party J.L. Sean Slattery(pty:dft), Attorney Andrew D Stolper added to party Slattery, Sobel & Decamp, LLC(pty:dft), Attorney Andrew D Stolper added to party Unlock Legal, APLC(pty:dft))(Stolper, Andrew)
July 22, 2020 Filing 169 Notice of Appearance or Withdrawal of Counsel: for attorney Cathleen Mulligan Golden counsel for Defendant Intermarketing Media, LLC. Adding Cathleen Mulligan Golden as counsel of record for Intermarketing Media, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Intermarketing Media, LLC. (Attorney Cathleen Mulligan Golden added to party Intermarketing Media, LLC(pty:dft))(Golden, Cathleen)
July 21, 2020 Filing 168 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #167 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak)
July 20, 2020 Filing 167 NOTICE of Appearance filed by attorney Randi Ellen Pinckes on behalf of Defendant Intermarketing Media, LLC (Attorney Randi Ellen Pinckes added to party Intermarketing Media, LLC(pty:dft))(Pinckes, Randi)
July 20, 2020 Filing 166 NOTICE of Interested Parties filed by Plaintiff Diamond Resorts Hawaii Collection Development, LLC, identifying Diamond Resorts Developer and Sales Holding Company, Diamond Resorts Corporation, Diamond Resorts International, Inc., Apollo Global Management, LLC. (Treckler, Elizabeth)
July 20, 2020 Filing 165 NOTICE of Interested Parties filed by Plaintiff Diamond Resorts U.S. Collection Development, LLC, identifying Diamond Resorts Developer and Sales Holding Company, Diamond Resorts Corporation, Diamond Resorts International, Inc., Apollo Global Management, LLC. (Treckler, Elizabeth)
July 17, 2020 Opinion or Order Filing 164 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #162 #163 by Judge Dale S. Fischer. The request of Intermarketing Media, LLC to substitute David E. Outwater as attorney of record instead of Andrew Stolper and Jonathan Steven Parrott is GRANTED. (et)
July 16, 2020 Filing 163 REQUEST for Order for Request for Approval or Substitution of Attorney filed by Defendant Intermarketing Media, LLC. (Outwater, David)
July 16, 2020 Filing 162 First REQUEST TO SUBSTITUTE ATTORNEY David Eugene Outwater in place of attorney Andrew Stolper and Jonathan Parrott filed by Defendant Intermarketing Media, LLC. (Attorney David E Outwater added to party Intermarketing Media, LLC(pty:dft)) (Outwater, David)
July 13, 2020 Filing 161 NOTICE OF LODGING filed Plaintiffs Notice Of Lodging Of Certificates Of Good Standing For Pro Hac Vice Attorney Emily B. Thomas re APPLICATION of Non-Resident Attorney Emily B. Thomas to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No #150 (Attachments: #1 Supreme Court of the State of Colorado, Certificate of Good Standing, #2 Supreme Court of Pennsylvania, Certificate of Good Standing)(Chow, Teresa)
July 10, 2020 Opinion or Order Filing 160 Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 9/13/2021 at 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 10/12/2021 at 08:30 AM before Judge Dale S. Fischer. (rfi)
July 10, 2020 Filing 159 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
July 8, 2020 Opinion or Order Filing 158 ORDER by Judge Dale S. Fischer: granting #157 Non-Resident Attorney Albert G Lin APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, designating Teresa C Chow as local counsel. (jp)
July 7, 2020 Filing 157 APPLICATION of Non-Resident Attorney Albert G. Lin to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27108026) filed by Plaintiff Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order) (Chow, Teresa)
July 6, 2020 Opinion or Order Filing 156 ORDER by Judge Dale S. Fischer re Stipulation to Extend Time to Respond to Complaint #153 . See Order for specifics. (jp)
July 6, 2020 Opinion or Order Filing 155 ORDER by Judge Dale S. Fischer: granting #150 Non-Resident Attorney Emily B Thomas APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, designating Teresa C Chow as local counsel. (jp)
July 3, 2020 Filing 154 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC.. (Attachments: #1 Exhibit A)(Chow, Teresa)
July 3, 2020 Filing 153 STIPULATION Extending Time to Answer the complaint as to Pandora Marketing, LLC answer now due 8/5/2020; Intermarketing Media, LLC answer now due 8/5/2020; Carlsbad Law Group, LLP answer now due 8/5/2020; Del Mar Law Group, LLP answer now due 8/5/2020; Miranda McCroskey answer now due 8/5/2020; McCroskey Legal answer now due 8/5/2020; J.L. Sean Slattery answer now due 8/5/2020; Slattery, Sobel & Decamp, LLC answer now due 8/5/2020; Unlock Legal, APLC answer now due 8/5/2020, re COMPLAINT - event converted from ICMS,,, #62 filed by Defendants Pandora Marketing, LLC; Intermarketing Media, LLC. (Attachments: #1 Proposed Order)(Attorney Andrew D Stolper added to party Pandora Marketing, LLC(pty:dft))(Stolper, Andrew)
July 2, 2020 Filing 152 Notice of Appearance or Withdrawal of Counsel: for attorney Johnny Lee Antwiler, II counsel for Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. Adding Johnny L. Antwiler as counsel of record for JL "Sean" Slattery; Slattery, Sobel & Decamp, LLP; Del Mar Law Group, LLP; Carlsbad Law Group, LLP for the reason indicated in the G-123 Notice. Filed by Defendants JL "Sean" Slattery; Slattery, Sobel & Decamp, LLP; Del Mar Law Group, LLP; Carlsbad Law Group, LLP. (Attorney Johnny Lee Antwiler, II added to party Carlsbad Law Group, LLP(pty:dft), Attorney Johnny Lee Antwiler, II added to party Del Mar Law Group, LLP(pty:dft), Attorney Johnny Lee Antwiler, II added to party J.L. Sean Slattery(pty:dft), Attorney Johnny Lee Antwiler, II added to party Slattery, Sobel & Decamp, LLC(pty:dft))(Antwiler, Johnny)
July 2, 2020 Filing 151 Notice of Appearance or Withdrawal of Counsel: for attorney Samuel Y Edgerton, III counsel for Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. Adding Samuel Y. Edgerton, III as counsel of record for JL "Sean" Slattery; Slattery, Sobel & Decamp, LLP; Del Mar Law Group, LLP; Carlsbad Law Group, LLP for the reason indicated in the G-123 Notice. Filed by Defendants JL "Sean" Slattery; Slattery, Sobel & Decamp, LLP; Del Mar Law Group, LLP; Carlsbad Law Group, LLP. (Attorney Samuel Y Edgerton, III added to party Carlsbad Law Group, LLP(pty:dft), Attorney Samuel Y Edgerton, III added to party Del Mar Law Group, LLP(pty:dft), Attorney Samuel Y Edgerton, III added to party J.L. Sean Slattery(pty:dft), Attorney Samuel Y Edgerton, III added to party Slattery, Sobel & Decamp, LLC(pty:dft))(Edgerton, Samuel)
July 2, 2020 Filing 150 APPLICATION of Non-Resident Attorney Emily B. Thomas to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27055959) filed by Plaintiff Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of Emily B. Thomas, #2 Proposed Order) (Chow, Teresa)
July 1, 2020 Filing 149 RESPONSE filed by Pro Hac Vice attorney Amy Leigh Baker on behalf of Defendants Miranda McCroskey, McCroskey Legal, Pandora Marketing, LLC, Unlock Legal, APLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney is a licensed California attorney, admitted to this Court, is currently Active and in good standing. (Thrasher, Lupe)
July 1, 2020 Filing 148 RESPONSE filed by Pro Hac Vice attorney Brian L Wagner on behalf of Defendants Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe)
July 1, 2020 Filing 147 RESPONSE filed by Pro Hac Vice attorney S Jonathan Vine on behalf of Defendant Pandora Marketing, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe)
July 1, 2020 Filing 146 RESPONSE filed by Pro Hac Vice attorney Sheena Danielle Smith on behalf of Defendant Pandora Marketing, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe)
July 1, 2020 Opinion or Order Filing 145 ORDER by Judge Dale S. Fischer: granting #144 Non-Resident Attorney Brandon T Crossland APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, designating Teresa C Chow as local counsel. (jp)
June 30, 2020 Filing 144 APPLICATION of Non-Resident Attorney Brandon T. Crossland to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27016403) filed by Plaintiff Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order) (Chow, Teresa)
June 30, 2020 Opinion or Order Filing 143 ORDER by Judge Dale S. Fischer: granting #141 Non-Resident Attorney Douglas A Vonderhaar APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, designating Teresa C Chow as local counsel. (jp)
June 30, 2020 Opinion or Order Filing 142 ORDER by Judge Dale S. Fischer: granting #140 Non-Resident Attorney Marissa A Perisol APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, designating Teresa C Chow as local counsel. (jp)
June 29, 2020 Filing 141 APPLICATION of Non-Resident Attorney Douglas A. Vonderhaar to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27000527) filed by Plaintiff Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order) (Chow, Teresa)
June 29, 2020 Filing 140 APPLICATION of Non-Resident Attorney Marissa A. Peirsol to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27000004) filed by Plaintiff Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order) (Chow, Teresa)
June 25, 2020 Filing 138 PROOF OF SERVICE filed by Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, re Initial Order upon Filing of Complaint - form only,, #129 served on June 25, 2020. (Treckler, Elizabeth)
June 24, 2020 Filing 139 RESPONSE filed by Pro Hac Vice attorney Isaac Meyer Marcushamer on behalf of Defendant Intermarketing Media, LLC. RE: Notice of Filing Fee Due or Order re PHV. PHV fee N/A. I am not appearing as an attorney of record in this case. (You will be removed as an attorney of record from the docket.) (lom)
June 24, 2020 Filing 137 Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth M Treckler counsel for Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Adding Elizabeth M. Treckler as counsel of record for Diamond Resorts U.S. Collection Development, LLC; Diamond Resorts Hawaii Collection Development, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Diamond Resorts U.S. Collection Development, LLC; Diamond Resorts Hawaii Collection Development, LLC. (Attorney Elizabeth M Treckler added to party Diamond Resorts Hawaii Collection Development, LLC(pty:pla), Attorney Elizabeth M Treckler added to party Diamond Resorts U.S. Collection Development, LLC(pty:pla))(Treckler, Elizabeth)
June 24, 2020 Opinion or Order Filing 136 ORDER by Judge Dale S. Fischer: granting #135 Non-Resident Attorney Lindy K Keown APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, designating Teresa C Chow as local counsel. (jp)
June 23, 2020 Filing 135 APPLICATION of Non-Resident Attorney Lindy K. Keown to Appear Pro Hac Vice on behalf of Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26928111) filed by Plaintiff Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order) (Chow, Teresa)
June 23, 2020 Filing 134 Notice of Appearance or Withdrawal of Counsel: for attorney Teresa C Chow counsel for Plaintiffs Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Adding Teresa C. Chow as counsel of record for Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts Hawaii Collection Development, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts Hawaii Collection Development, LLC. (Attorney Teresa C Chow added to party Diamond Resorts Hawaii Collection Development, LLC(pty:pla), Attorney Teresa C Chow added to party Diamond Resorts U.S. Collection Development, LLC(pty:pla))(Chow, Teresa)
June 23, 2020 Filing 133 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Brian L Wagner. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
June 23, 2020 Filing 132 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Isaac Meyer Marcushamer. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
June 23, 2020 Filing 131 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Amy Leigh Baker. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
June 23, 2020 Filing 130 NOTICE OF CLERICAL ERROR: Due to clerical error Pro Hac Vice Application Due (G-109) - form, #128 is a duplicate. Docket item 128 should be disregarded. (car)
June 23, 2020 Opinion or Order Filing 129 STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
June 23, 2020 Filing 128 [NOTICE OF CLERICAL ERROR ISSUED ON 6/22/2020, SEE DOCKET ENTRY NO. 130] NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sheena Danielle Smith. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) Modified on 6/23/2020 (car).
June 23, 2020 Filing 127 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sheena Danielle Smith. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
June 23, 2020 Filing 126 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney S Jonathan Vine. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
June 23, 2020 Filing 125 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Brandon T Crossland. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
June 23, 2020 Filing 124 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Marissa A Peirsol. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
June 23, 2020 Filing 123 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Emily B Thomas. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
June 23, 2020 Filing 122 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Douglas A. Vonderhaar. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
June 23, 2020 Filing 121 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Lindy Kathryn Keown. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car)
June 22, 2020 Filing 117 ORIGINAL file, certified copy of transfer order and docket sheet received from Florida Southern
June 18, 2020 Opinion or Order Filing 116 ORDER GRANTING DEFENDANTS MOTION TO TRANSFER; granting #77 Motion to Dismiss for Failure to State a Claim; granting #78 Motion to Dismiss; denying as moot #111 Motion to Change Venue; denying as moot #113 Motion to Dismiss for Failure to State a Claim; denying as moot #113 Motion to Change Venue. Closing Case. This Matter is TRANSFERRED to the Central District of California Signed by Judge Donald M. Middlebrooks on 6/18/2020. See attached document for full details. (jas) [Transferred from Florida Southern on 6/22/2020.]
June 18, 2020 Filing 115 PAPERLESS ORDER SETTING TELEPHONIC DISCOVERY HEARING: Upon notice by the parties of a discovery dispute requiring Court intervention, a discovery hearing is set for 2:00 P.M. on Friday, June 19, 2020, before U.S. Magistrate Judge Dave Lee Brannon. One hour is reserved. In light of the current pandemic, counsel shall appear by telephone. Instructions for appearances: dial (888) 808-6929 from a landline and enter access code 2036573. Signed by U.S. Magistrate Judge Dave Lee Brannon on 6/18/2020. (jb02) [Transferred from Florida Southern on 6/22/2020.]
June 16, 2020 Filing 114 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #62 Amended Complaint,,, to deem D.E. 113 timely filed by Miranda McCroskey, McCroskey Legal, Pandora Marketing, LLC. Attorney Amy Leigh Baker added to party Pandora Marketing, LLC(pty:dft). (Baker, Amy) [Transferred from Florida Southern on 6/22/2020.]
June 16, 2020 Filing 113 MOTION TO DISMISS #62 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM and for lack of personal jurisdiction, MOTION to Change Venue by Miranda McCroskey, McCroskey Legal, Unlock Legal, APLC. Responses due by 6/30/2020 (Attachments: #1 Affidavit of Miranda McCroskey)(Baker, Amy) [Transferred from Florida Southern on 6/22/2020.]
June 14, 2020 Filing 112 REPLY to Response to #89 Plaintiff's MOTION to Continue Case Management Schedule Consistent With the March 30, 2020 Order filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Affidavit of Douglas A. Vonderhaar)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
June 12, 2020 Filing 111 MOTION to Change Venue by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. Responses due by 6/26/2020 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Wagner, Brian) [Transferred from Florida Southern on 6/22/2020.]
June 12, 2020 Filing 110 MOTION to Dismiss for Lack of Jurisdiction #50 Notice (Other), by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. Responses due by 6/26/2020 (Wagner, Brian) [Transferred from Florida Southern on 6/22/2020.]
June 11, 2020 Filing 109 Clerks Notice to Filer re #106 Reply to Response to Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (jas) [Transferred from Florida Southern on 6/22/2020.]
June 10, 2020 Filing 108 MOTION to Change Venue to the Central District of California by Pandora Marketing, LLC. Responses due by 6/24/2020. (jas) (See DE#106 for image). [Transferred from Florida Southern on 6/22/2020.]
June 10, 2020 Filing 107 RESPONSE in Support re #78 MOTION to Dismiss #50 Notice (Other), filed by Intermarketing Media, LLC. (Marcushamer, Isaac) [Transferred from Florida Southern on 6/22/2020.]
June 10, 2020 Filing 106 REPLY to Response to Motion re #77 Defendant's MOTION TO DISMISS #62 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Pandora Marketing, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Vine, S.) [Transferred from Florida Southern on 6/22/2020.]
June 10, 2020 Filing 105 MOTION to Expedite Ruling on Motion to Extend Case Management Schedule Consistent with March 30, 2020 Order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Text of Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
June 10, 2020 Opinion or Order Filing 104 PAPERLESS ORDER denying as moot #100 Motion for Jacob B. Post to Withdraw as Attorney. This Motion is moot in light of DE #99 . Signed by Judge Donald M. Middlebrooks on 6/10/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
June 9, 2020 Filing 103 RESPONSE in Opposition to #89 Plaintiff's MOTION to Continue Case Management Schedule Consistent With the March 30, 2020 Order filed by Pandora Marketing, LLC. Replies due by 6/16/2020. (Attachments: #1 Exhibit, #2 Exhibit)(Vine, S.) [Transferred from Florida Southern on 6/22/2020.]
June 9, 2020 Filing 102 TRANSCRIPT of Telephonic Discovery Hearing (Transcribed from the Audio Recording) held on June 4, 2020, before Magistrate Judge Dave Lee Brannon, 1-143 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/30/2020. Redacted Transcript Deadline set for 7/10/2020. Release of Transcript Restriction set for 9/8/2020. (le) [Transferred from Florida Southern on 6/22/2020.]
June 5, 2020 Opinion or Order Filing 101 ORDER MEMORIALIZING COURT RULINGS AT DISCOVERY HEARING. Signed by Magistrate Judge Dave Lee Brannon on 6/5/2020. See attached document for full details. (jas) [Transferred from Florida Southern on 6/22/2020.]
June 5, 2020 Filing 100 MOTION to Withdraw as Attorney by Jacob Post for / by Pandora Marketing, LLC. Responses due by 6/19/2020 (Smith, Sheena) [Transferred from Florida Southern on 6/22/2020.]
June 4, 2020 Opinion or Order Filing 99 ORDER granting #97 Motion to Withdraw as Attorney. Jacob Brian Post withdrawn from case. Signed by Judge Donald M. Middlebrooks on 6/4/2020. See attached document for full details. (lk) [Transferred from Florida Southern on 6/22/2020.]
June 4, 2020 Filing 98 PAPERLESS MINUTE ENTRY for proceedings before U.S. Magistrate Judge Dave Lee Brannon: Discovery Hearing held on 6/4/20. Attorney Appearances: Lindy K. Keown, Albert G. Lin, Marissa A. Peirsol, & Emily B. Thomas for Plaintiff || Sheena D. Smith & Jonathan Vine for Pandora Marketing || Isaac Meyer Marcushamer & Jonathan Parrott for Intermarketing Media || Amy Leigh Baker for McCroskey || Brian L. Wagner for Slattery. Court hears from counsel. Rulings made on the record. Order memorializing those rulings to follow. (AT&T Teleconference Recording: 14:59|| Time in Court: 2 hrs, 59 mins.) (jb02) [Transferred from Florida Southern on 6/22/2020.]
June 4, 2020 Filing 97 Unopposed MOTION to Withdraw as Attorney by Jacob B. Post for / by Pandora Marketing, LLC. Responses due by 6/18/2020 (Smith, Sheena) [Transferred from Florida Southern on 6/22/2020.]
June 3, 2020 Filing 96 Plaintiff's RESPONSE to #78 MOTION to Dismiss #50 Notice (Other), , #77 Defendant's MOTION TO DISMISS #62 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Declaration of Douglas A.Vonderhaar, #2 Exhibit B - Declaration of Betsey L. Lyon)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
June 3, 2020 Filing 95 RESPONSE in Opposition re #78 MOTION to Dismiss #50 Notice (Other), , #77 Defendant's MOTION TO DISMISS #62 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Replies due by 6/10/2020. (Attachments: #1 Exhibit A - Amended Report)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
June 1, 2020 Opinion or Order Filing 94 PAPERLESS ORDER granting #88 Defendants McCroskey Legal, Unlock Legal, and Miranda McCroskey, Esq.'s Motion for Extension of Time. Defendants request a 14-day extension of time in which to respond to Plaintiffs' Amended Complaint (DE #62 ) and state in support that this extension is necessary due to the complexity of the claims therein. As this Motion is unopposed, I find good cause to grant the requested relief. Accordingly, Defendants McCroskey Legal, Unlock Legal, and Miranda McCroskey, Esq. shall respond to Plaintiffs' Amended Complaint on or before June 15, 2020. No further extensions of this deadline shall be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 6/1/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
June 1, 2020 Filing 93 ACKNOWLEDGMENT OF SERVICE on Carlsbad filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
June 1, 2020 Filing 92 ACKNOWLEDGMENT OF SERVICE on Slattery filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
June 1, 2020 Filing 91 ACKNOWLEDGMENT OF SERVICE on Del Mar Law filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
June 1, 2020 Filing 90 Clerks Notice to Filer re #88 Unopposed MOTION for Extension of Time to Respond to Amended Complaint re #62 Amended Complaint,,,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) [Transferred from Florida Southern on 6/22/2020.]
May 29, 2020 Filing 89 Plaintiff's MOTION to Continue Case Management Schedule Consistent With the March 30, 2020 Order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 6/12/2020 (Attachments: #1 Affidavit of Albert G. Lin, #2 Text of Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
May 29, 2020 Filing 88 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #62 Amended Complaint,,, by Miranda McCroskey, McCroskey Legal, Unlock Legal, APLC. Responses due by 6/12/2020 (Baker, Amy) Modified Relief on 6/1/2020 (ls). [Transferred from Florida Southern on 6/22/2020.]
May 26, 2020 Filing 87 SUMMONS (Affidavit) Returned Executed on #62 Amended Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Miranda McCroskey served on 5/12/2020, answer due 6/2/2020. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
May 22, 2020 Opinion or Order Filing 86 PAPERLESS ORDER denying #79 Defendant Intermarketing Media, LLC's Motion to Expedite Briefing. Defendant seeks to expedite briefing in response to its Motion to Dismiss or in the Alternative to Transfer (DE #79 ). In support, Defendant argues that briefing should be expedited largely based on the merits of its Motion to Transfer. However, Defendant does not specifically establish how the current briefing schedule will cause harm to any Parties in this case. Accordingly, I do not find good cause to expedite briefing. Signed by Judge Donald M. Middlebrooks on 5/22/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
May 22, 2020 Opinion or Order Filing 85 PAPERLESS ORDER granting #82 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' First Amended Complaint (DE #62 ). Defendants request an extension of the deadline to respond to Plaintiffs' First Amended Complaint and state in support that additional time is needed as local counsel was only recently obtained. I find good cause to grant the requested relief. Accordingly, Defendants Slattery, Sobel & Decamp, LLC, Del Mar Law Groin, LLP, Carlsbad Law Group, LLP, and JL Slattery, Esq. shall respond to Plaintiffs' First Amended Complaint on or before June 12, 2020. No further extensions of this deadline shall be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 5/22/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
May 22, 2020 Filing 84 PAPERLESS ORDER SETTING TELEPHONIC DISCOVERY HEARING: Upon notice by the parties of discovery disputes requiring Court intervention, a discovery hearing is set for 3:00 P.M. on Thursday, June 4, 2020, before U.S. Magistrate Judge Dave Lee Brannon. One hour is reserved. In light of the current pandemic, counsel shall appear by telephone. Instructions for appearances: dial (888) 808-6929 from a landline and enter access code 2036573. Signed by U.S Magistrate Judge Dave Lee Brannon on 5/22/2020. (jb02) [Transferred from Florida Southern on 6/22/2020.]
May 22, 2020 Filing 83 NOTICE of Attorney Appearance by Amy Leigh Baker on behalf of Miranda McCroskey, McCroskey Legal, Unlock Legal, APLC. Attorney Amy Leigh Baker added to party Miranda McCroskey(pty:dft), Attorney Amy Leigh Baker added to party McCroskey Legal (pty:dft), Attorney Amy Leigh Baker added to party Unlock Legal, APLC(pty:dft). (Baker, Amy) [Transferred from Florida Southern on 6/22/2020.]
May 22, 2020 Filing 82 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #62 Amended Complaint,,, by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. (Wagner, Brian) [Transferred from Florida Southern on 6/22/2020.]
May 22, 2020 Filing 81 NOTICE of Attorney Appearance by Brian L Wagner on behalf of Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. Attorney Brian L Wagner added to party Carlsbad Law Group, LLP(pty:dft), Attorney Brian L Wagner added to party Del Mar Law Group, LLP(pty:dft), Attorney Brian L Wagner added to party J.L. Sean Slattery(pty:dft), Attorney Brian L Wagner added to party Slattery, Sobel & Decamp, LLC(pty:dft). (Wagner, Brian) [Transferred from Florida Southern on 6/22/2020.]
May 22, 2020 Filing 80 NOTICE of Filing Joinder by Pandora Marketing, LLC re #79 MOTION to Expedite Briefing on defendant's motion for transfer pursuant to 28 U.S.C. 1404 (Smith, Sheena) [Transferred from Florida Southern on 6/22/2020.]
May 21, 2020 Filing 79 MOTION to Expedite by Intermarketing Media, LLC. (Marcushamer, Isaac) [Transferred from Florida Southern on 6/22/2020.]
May 20, 2020 Filing 78 MOTION to Dismiss #50 Notice (Other), by Intermarketing Media, LLC. Responses due by 6/3/2020 (Attachments: #1 Affidavit, #2 Affidavit)(Marcushamer, Isaac) [Transferred from Florida Southern on 6/22/2020.]
May 20, 2020 Filing 77 Defendant's MOTION TO DISMISS #62 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM by Pandora Marketing, LLC. Responses due by 6/3/2020 (Attachments: #1 Exhibit Declaration of Rick Folk, #2 Errata Declaration of William "Bo" Wilson)(Smith, Sheena) [Transferred from Florida Southern on 6/22/2020.]
May 20, 2020 Filing 76 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Jacob Brian Post re #75 Notice of Change of Address. After filing a Notice of Change of Address, Attorney Jacob Brian Post is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. (pt) [Transferred from Florida Southern on 6/22/2020.]
May 20, 2020 Filing 75 NOTICE of Change of Address by Jacob Brian Post (Post, Jacob) [Transferred from Florida Southern on 6/22/2020.]
May 20, 2020 Filing 74 SUMMONS (Affidavit) Returned Executed on #62 Amended Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Unlock Legal, APLC served on 5/11/2020, answer due 6/1/2020. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
May 20, 2020 Filing 73 SUMMONS (Affidavit) Returned Executed on #62 Amended Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. McCroskey Legal served on 5/11/2020, answer due 6/1/2020. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
May 20, 2020 Filing 72 SUMMONS (Affidavit) Returned Executed on #62 Amended Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. J.L. Sean Slattery served on 5/11/2020, answer due 6/1/2020. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
May 13, 2020 Opinion or Order Filing 71 PAPERLESS ORDER granting #70 Defendant Intermarketing Media's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jonathan Parrott. Jonathan Parrott may participate in this matter on behalf of Defendant Intermarketing Media, LLC d/b/a Resort Advisory Group. The Clerk of Court shall provide all electronic filings to Jonathan Parrott at jparrott@lawfss.com. Signed by Judge Donald M. Middlebrooks on 5/13/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
May 11, 2020 Filing 70 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan Parrott. Filing Fee $ 200.00 Receipt # AFLSDC-12872054 by Intermarketing Media, LLC. Responses due by 5/26/2020 (Attachments: #1 Certification Certification of Jonathan Parrott, #2 Certification Certificate of Standing from The State Bar of California, #3 Certification Certificate of Standing from The State Bar of Colorado, #4 Text of Proposed Order Proposed Order)(Marcushamer, Isaac) [Transferred from Florida Southern on 6/22/2020.]
May 8, 2020 Filing 69 Summons Issued as to McCroskey Legal. (pcs) [Transferred from Florida Southern on 6/22/2020.]
May 7, 2020 Filing 68 Summons Issued as to Slattery, Sobel & Decamp, LLC. (jas) [Transferred from Florida Southern on 6/22/2020.]
May 7, 2020 Opinion or Order Filing 67 PAPERLESS ORDER denying as moot #35 Defendants' Motion to Dismiss and Motion to Transfer. These Motions are denied as moot in light of Plaintiffs' Amended Complaint. (DE #62 ). Signed by Judge Donald M. Middlebrooks on 5/7/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
May 7, 2020 Opinion or Order Filing 66 PAPERLESS ORDER denying as moot #36 Defendants' Motion to Dismiss for Failure to State a Claim and Motion to Transfer. These Motions are denied as moot in light of Plaintiffs' Amended Complaint. (DE #62 ). Signed by Judge Donald M. Middlebrooks on 5/7/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
May 6, 2020 Filing 65 NOTICE of Filing Proposed Summons(es) by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC re #62 Amended Complaint,,, filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Summon(s)) (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
May 6, 2020 Filing 64 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es, Miranda Dempsey, APLC dba McCroskey Legal, Slattery, Sobel & Decamp, LLP, does not match the First Amended Complaint. (jas) [Transferred from Florida Southern on 6/22/2020.]
May 6, 2020 Filing 63 Summons Issued as to Carlsbad Law Group, LLP, Del Mar Law Group, LLP, Miranda McCroskey, J.L. Sean Slattery, Unlock Legal, APLC. (jas) [Transferred from Florida Southern on 6/22/2020.]
May 6, 2020 Filing 62 First AMENDED COMPLAINT against Intermarketing Media, LLC, Pandora Marketing, LLC, Miranda McCroskey, Miranda Dempsey, APLC dba McCroskey Legal, Unlock Legal, APLC, J.L. Sean Slattery, Carlsbad Law Group, LLC, Del Mar Law Group, LLP, Slattery, Sobel & Decamp, LLP filed in response to Order Granting Motion for Leave, filed by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Summon(s) Miranda McCroskey, Esq., #12 Summon(s) Miranda Dempsey, APLC dba McCroskey Legal, #13 Summon(s) Unlock Legal, APLC, #14 Summon(s) J.L. Sean Slattery, Esq., #15 Summon(s) Carlsbad Law Group, LLP, #16 Summon(s) Del Mar Group, LLP, #17 Summon(s) Slattery, Sobel & Decamp, LLP)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
May 6, 2020 Opinion or Order Filing 61 PAPERLESS ORDER granting 52 Plaintiffs' Motion to File Amended Complaint. Plaintiffs seek leave to file their first Amended Complaint. On May 1, 2020, Defendants indicated that they do not oppose the requested relief. (DE #55 ). Rule 15(a) of the Federal Rules of Civil Procedure provides that leave to amend a pleading should be freely granted "when justice so requires." I find that, in the interest of justice, it is appropriate to grant Plaintiffs leave to amend. Accordingly, Plaintiffs are directed to file their Amended Complaint as soon as practicable, but not later than May 7, 2020. Signed by Judge Donald M. Middlebrooks on 5/6/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
May 4, 2020 Filing 60 REPLY to Response to Motion re #36 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by Intermarketing Media, LLC. (Marcushamer, Isaac) [Transferred from Florida Southern on 6/22/2020.]
May 4, 2020 Filing 59 REPLY to Response to Motion re #35 Defendant's MOTION to Dismiss #1 Complaint, or in the alternative motion to transfer venue filed by Pandora Marketing, LLC. (Smith, Sheena) [Transferred from Florida Southern on 6/22/2020.]
May 4, 2020 Filing 58 Clerks Notice to Filer re #56 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (jas) [Transferred from Florida Southern on 6/22/2020.]
May 4, 2020 Filing 57 Clerks Notice to Filer re #55 Response/Reply (Other). Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (jas) [Transferred from Florida Southern on 6/22/2020.]
May 1, 2020 Filing 56 NOTICE of Joinder by Intermarketing Media, LLC re #55 Response to Notice, Motion for Leave to File First Amended Complaint Joinder (Marcushamer, Isaac) Modified text on 5/4/2020 (jas). [Transferred from Florida Southern on 6/22/2020.]
May 1, 2020 Filing 55 RESPONSE TO 52 PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT by Pandora Marketing, LLC. (Post, Jacob) Modified text and added docket relationship to 52 Motion on 5/4/2020 (jas). [Transferred from Florida Southern on 6/22/2020.]
April 28, 2020 Opinion or Order Filing 54 PAPERLESS ORDER EXPEDITING BRIEFING. On April 27, 2020, Plaintiffs filed a Notice of Filing First Amended Complaint or, in the Alternative, Motion to Amend Complaint and Join Parties. In the Rule 7.1 Certificate of Conferral, Plaintiffs state that "Defendants indicated that they would not consent." Accordingly, if Defendants believe that Plaintiffs are not entitled to amend as of right and, further, oppose Plaintiffs' Motion to Amend, Defendants should file a response indicating the grounds for such opposition on or before May 4, 2020. If, alternatively, Defendants do not oppose the requested relief, Defendants should file a notice indicating as much as soon as possible, but in no case before May 1, 2020. Signed by Judge Donald M. Middlebrooks on 4/28/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
April 28, 2020 Filing 53 Clerks Notice to Filer re #50 Notice (Other), Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (jas) [Transferred from Florida Southern on 6/22/2020.]
April 27, 2020 Filing 52 MOTION to Amend #1 Complaint, (Responses due by 5/11/2020), MOTION to Join Parties re #1 Complaint, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (See image at DE#50 . (jas) [Transferred from Florida Southern on 6/22/2020.]
April 27, 2020 Filing 51 RESPONSE in Opposition re #36 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, , #35 Defendant's MOTION to Dismiss #1 Complaint, or in the alternative motion to transfer Venue filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Replies due by 5/4/2020. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
April 27, 2020 Filing 50 NOTICE by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC of filing Amended Complaint, or, in the Alternative, Motion to Amend Complaint (Attachments: #1 Exhibit 1) (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
April 10, 2020 Filing 49 PAPERLESS ORDER granting #44 Unopposed Motion for Entry of an Agreed Order Establishing Protocol for Production of Electronically Stored Information. Pursuant to Federal Rule of Civil Procedures 26 and 34 and Local Rule 26.1, the parties have agreed upon a protocol for production of electronically stored information in this matter. The parties shall comply with their stipulated ESI protocol. Should any discovery disputes arise, the parties shall comply with the Order Setting Discovery Procedure. Signed by U.S. Magistrate Judge Dave Lee Brannon on 4/10/2020. (jb02) [Transferred from Florida Southern on 6/22/2020.]
April 10, 2020 Opinion or Order Filing 48 ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 4/10/2020. See attached document for full details. (cds) [Transferred from Florida Southern on 6/22/2020.]
April 9, 2020 Opinion or Order Filing 47 ORDER Modifying Scheduling Order granting #43 Motion to Extend Expert-Related Pre-Trial Deadlines. Signed by Judge Donald M. Middlebrooks on 4/8/2020. See attached document for full details. (ls) [Transferred from Florida Southern on 6/22/2020.]
April 9, 2020 Opinion or Order Filing 46 ORDER REFERRING #44 Unopposed MOTION for Entry of Agreed Order Establishing Protocol for Production of Electronically Stored Information filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC., ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Discovery Matters. Motions referred to Judge Dave Lee Brannon. Signed by Judge Donald M. Middlebrooks on 4/7/2020. See attached document for full details. (ls) [Transferred from Florida Southern on 6/22/2020.]
April 7, 2020 Filing 45 NOTICE by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC of Filing Confidentiality Stipulation (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
April 7, 2020 Filing 44 Unopposed MOTION for Entry of Agreed Order Establishing Protocol for Production of Electronically Stored Information by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Text of Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
April 6, 2020 Filing 43 Plaintiff's MOTION for Extension of Time Motion to Extend Expert-Related Deadlines re #21 Scheduling Order,,,, Order Referring Case to Mediation,,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/20/2020 (Attachments: #1 Text of Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
April 1, 2020 Opinion or Order Filing 42 PAPERLESS ORDER granting #41 Plaintiffs' Unopposed Motion for Clarification and granting an extension of the deadline to respond to Defendants' Motions to Dismiss (DE #35 ; DE #36 ). Plaintiffs seek an extension of the deadline to respond to Defendants' Motions to Dismiss and state in support that additional time is needed due to the logistical difficulties caused by COVID-19. I find good cause to grant the requested extension. Accordingly, Plaintiffs shall respond to Defendants' Motions to Dismiss on or before April 27, 2020. No further extensions of this deadline will be granted absent a compelling showing of good cause supported by specific facts. Signed by Judge Donald M. Middlebrooks on 4/1/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
March 30, 2020 Filing 41 Unopposed MOTION for clarification 40 Order on Motion for Extension of Time,,,,,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/13/2020 (Attachments: #1 Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 30, 2020 Opinion or Order Filing 40 PAPERLESS ORDER denying without prejudice #39 the Parties' Joint Motion to Extend the Scheduling Order. The Parties seek an extension of all remaining deadlines in this case, including trial, and state in support that progress in this case has been stalled due to COVID-19, particularly as the Parties and their counsel are spread across the country. The Parties' concerns going forward relate primarily to their ability to conduct discovery, which may be hampered by difficulties in receiving the appropriate documents, as well as difficulties conferring with their clients. Currently, the discovery deadline in this case is June 29, 2020. (DE #21 ). At this point, it is unclear whether it will be possible for the Parties to comply with this deadline. Understanding the widescale business disruption caused by the pandemic, I know that delays are inevitable and I intend to be responsive to the Parties' needs in this regard, however the Parties should still be making reasonably diligent efforts to comply with the deadlines in this case and alert me if there are specific obstacles they cannot overcome within the time frames provided. If, after an exercise of diligence, the Parties find that they are not able to comply with the Scheduling Order, they should file a renewed motion, stating with specificity why additional extensions are necessary. If the Parties intend to file a renewed motion, they are encouraged to do so approximately one month before the discovery deadline. Signed by Judge Donald M. Middlebrooks on 3/30/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
March 27, 2020 Filing 39 Joint MOTION for Extension of Time Joint Motion to Extend Case Management Schedule and Reset Trial Date re #21 Scheduling Order,,,, Order Referring Case to Mediation,,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/10/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order F)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 20, 2020 Opinion or Order Filing 38 PAPERLESS ORDER granting #37 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Douglas A. Vonderhaar. Douglas A. Vonderhaar may participate in this matter on behalf of Plaintiffs. The Clerk of Court shall provide all electronic filings to Douglas A. Vonderhaar at dvonderhaar@bakerlaw.com. Signed by Judge Donald M. Middlebrooks on 3/20/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
March 19, 2020 Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Douglas A. Vonderhaar. Filing Fee $ 200.00 Receipt # AFLSDC-12626202 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/2/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 18, 2020 Filing 36 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Transfer Pursuant to 28 U.S.C. 1404; #1 Complaint, ( Responses due by 4/1/2020) by Intermarketing Media, LLC. (Attachments: #1 Affidavit Declaration of Jason Krieck)(Marcushamer, Isaac) Modified Motion Relief to Motion to Change Venue on 5/5/2020 (jas). [Transferred from Florida Southern on 6/22/2020.]
March 18, 2020 Filing 35 Defendant's MOTION to Dismiss #1 Complaint, or in the alternative motion to transfer by Pandora Marketing, LLC. Responses due by 4/1/2020 (Attachments: #1 Exhibit A, #2 Exhibit B)(Vine, S.) [Transferred from Florida Southern on 6/22/2020.]
March 17, 2020 Opinion or Order Filing 34 ORDER GRANTING DEFENDANT INTERMARKETINGS COUNSELS MOTION TO WITHDRAW re #30 Motion to Withdraw as Attorney. S. Jonathan Vine withdrawn from case. Signed by Judge Donald M. Middlebrooks on 3/17/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 6/22/2020.]
March 17, 2020 Opinion or Order Filing 33 PAPERLESS ORDER granting #32 Plaintiffs' Unopposed Motion for extension of the deadline to join additional parties and amend pleadings. Plaintiffs seek an extension of this deadline until May 1, 2020, and state in support that additional discovery is required to determine the identity of the parties it seeks to add. I find good cause to grant this extension. Accordingly, the deadline to join parties and amend pleadings is extended until May 1, 2020. To clarify, the deadline to amend as of right under Rule 15 of the Federal Rules of Civil Procedure has passed. Therefore, if Plaintiffs wish to amend, they must move to amend and I must grant leave to do so. By granting this extension, I am not determining that it is appropriate for Plaintiffs to amend their Complaint (DE #1 ), but only stating that such a motion will not be denied due to untimeliness until after May 1, 2020. Despite this extension, I reserve the right to deny a motion to amend due to undue delay. Accordingly, if Plaintiffs wish to amend, they must do so at the earliest date possible, rather than waiting until the May 1, 2020 amendment deadline. Signed by Judge Donald M. Middlebrooks on 3/17/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
March 16, 2020 Filing 32 Unopposed MOTION for Extension of Time to Join Parties and Amend Pleadings re #21 Scheduling Order,,,, Order Referring Case to Mediation,,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 3/30/2020 (Attachments: #1 Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 16, 2020 Filing 31 Joint SCHEDULING REPORT - Rule 16.1 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Text of Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 16, 2020 Filing 30 Unopposed MOTION to Withdraw as Attorney for Intermarketing Media, LLC - Jonathan Vine, Sheena Smith and Jacob Post by Jonathan Vine for / by Intermarketing Media, LLC. Responses due by 3/30/2020 (Attachments: #1 Exhibit)(Vine, S.) [Transferred from Florida Southern on 6/22/2020.]
March 13, 2020 Opinion or Order Filing 29 PAPERLESS ORDER granting #26 Plaintiffs' Unopposed Motion for Extension of Time to file Joint Scheduling and Conference Report (the "Report"). Plaintiffs seek a seven-day extension and state in support that the Parties require additional time to confer regarding consent to the exercise of jurisdiction by a U.S. Magistrate Judge. I find good cause to grant the requested extension. Accordingly, the deadline to file the Report is extended to March 16, 2020. No additional extensions of this deadline will be granted based on the need to confer. Signed by Judge Donald M. Middlebrooks on 3/13/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
March 13, 2020 Opinion or Order Filing 28 PAPERLESS ORDER granting #27 Defendant Intermarketing Media's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Andrew D. Stolper. Andrew D. Stolper may participate in this matter on behalf of Defendant Intermarketing Media. The Clerk of Court shall provide all electronic filings to Andrew D. Stolper at astolper@lawfss.com. Signed by Judge Donald M. Middlebrooks on 3/13/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
March 11, 2020 Filing 27 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew D. Stolper. Filing Fee $ 200.00 Receipt # AFLSDC-12587918 by Intermarketing Media, LLC. Attorney Isaac Meyer Marcushamer added to party Intermarketing Media, LLC(pty:dft). Responses due by 3/25/2020 (Attachments: #1 Certification Certification, #2 Text of Proposed Order Text of Proposed Order)(Marcushamer, Isaac) [Transferred from Florida Southern on 6/22/2020.]
March 9, 2020 Filing 26 Unopposed MOTION for Extension of Time To File Rule 26(f) Joint Scheduling and Conference Report re #21 Scheduling Order,,,, Order Referring Case to Mediation,,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 3/23/2020 (Attachments: #1 Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 6, 2020 Opinion or Order Filing 25 ORDER denying without prejudice #16 Unopposed Motion for Continuance of Trial. Signed by Judge Donald M. Middlebrooks on 3/6/2020. See attached document for full details. (ls) [Transferred from Florida Southern on 6/22/2020.]
March 5, 2020 Opinion or Order Filing 24 PAPERLESS ORDER granting #20 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Emily B. Thomas. Emily B. Thomas may participate in this matter on behalf of Plaintiffs. The Clerk of Court shall provide all electronic filings to Emily B. Thomas at ethomas@bakerlaw.com. Signed by Judge Donald M. Middlebrooks on 3/5/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
March 5, 2020 Opinion or Order Filing 23 PAPERLESS ORDER granting #19 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Albert G. Lin. Albert G. Lin may participate in this matter on behalf of Plaintiffs. The Clerk of Court shall provide all electronic filings to Albert G. Lin at alin@bakerlaw.com. Signed by Judge Donald M. Middlebrooks on 3/5/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
March 5, 2020 Opinion or Order Filing 22 PAPERLESS ORDER granting #17 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Marissa A. Peirsol. Marissa A. Peirsol may participate in this matter on behalf of Plaintiffs. The Clerk of Court shall provide all electronic filings to Marissa A. Peirsol at mpeirsol@bakerlaw.com. Signed by Judge Donald M. Middlebrooks on 3/5/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
March 3, 2020 Opinion or Order Filing 21 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION (Amended Pleadings due by 3/16/2020., Discovery due by 6/29/2020., Fact Discovery due by 6/29/2020., Expert Discovery due by 6/29/2020., Joinder of Parties due by 3/16/2020., In Limine Motions due by 7/13/2020., Dispositive Motions due by 7/13/2020., Motions due by 7/13/2020., Joint Pretrial Stipulation due by 8/17/2020., Jury Trial set for 9/14/2020 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 9/9/2020 01:15 PM before Judge Donald M. Middlebrooks), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 3/3/2020. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 6/22/2020.]
March 3, 2020 Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emily B. Thomas. Filing Fee $ 200.00 Receipt # AFLSDC-12546524 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 3/17/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 3, 2020 Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Albert G. Lin. Filing Fee $ 200.00 Receipt # AFLSDC-12546401 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 3/17/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 3, 2020 Filing 18 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 3/3/2020. Attorney Appearances: Lindy Kathryn Keown for Plaintiff | S. Jonathan Vine for Defendant. Pretrial and scheduling matters discussed. Scheduling Order to follow. (DAR/Time in Court: 15:02:44/19 mins.) (jb02) [Transferred from Florida Southern on 6/22/2020.]
March 3, 2020 Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marissa A. Peirsol. Filing Fee $ 200.00 Receipt # AFLSDC-12546267 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 3/17/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 3, 2020 Filing 16 Unopposed MOTION to Modify Trial Date re #7 Scheduling Order,,, Set/Clear Flags,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 3, 2020 Filing 15 NOTICE of Attorney Appearance by Jacob Brian Post on behalf of Pandora Marketing, LLC. Attorney Jacob Brian Post added to party Pandora Marketing, LLC(pty:dft). (Post, Jacob) [Transferred from Florida Southern on 6/22/2020.]
March 2, 2020 Filing 14 Corporate Disclosure Statement by Diamond Resorts Hawaii Collection Development, LLC identifying Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts Hawaii Collection Development, LLC (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
March 2, 2020 Filing 13 Corporate Disclosure Statement by Diamond Resorts U.S. Collection Development, LLC identifying Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts U.S. Collection Development, LLC (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
February 28, 2020 Filing 12 NOTICE of Attorney Appearance by Sheena Danielle Smith on behalf of Pandora Marketing, LLC. Attorney Sheena Danielle Smith added to party Pandora Marketing, LLC(pty:dft). (Smith, Sheena) [Transferred from Florida Southern on 6/22/2020.]
February 28, 2020 Opinion or Order Filing 11 PAPERLESS ORDER granting #10 Defendants' Motion for Extension of Time. Defendants seek a 20-day extension of time to respond to Plaintiffs' Complaint (DE #1 ) and state in support that additional time is needed due to the length and complexity of Plaintiffs' Complaint, as well as the fact that counsel was recently obtained. I find good cause to grant the requested relief. Accordingly, Defendants must respond to Plaintiffs' Complaint on or before March 18, 2020. No further extensions of this deadline will be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 2/28/2020. (gts) [Transferred from Florida Southern on 6/22/2020.]
February 27, 2020 Filing 10 MOTION for Extension of Time to Respond to Complaint re #1 Complaint, by Intermarketing Media, LLC, Pandora Marketing, LLC. Attorney S. Jonathan Vine added to party Intermarketing Media, LLC(pty:dft), Attorney S. Jonathan Vine added to party Pandora Marketing, LLC(pty:dft). Responses due by 3/12/2020 (Vine, S.) [Transferred from Florida Southern on 6/22/2020.]
February 27, 2020 Opinion or Order Filing 9 PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for March 3, 2020 at 3:00 P.M. in West Palm Beach Division before U.S. Magistrate Judge Dave Lee Brannon. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Any motions to modify the existing trial date should be filed prior to the telephonic scheduling conference. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets multiple cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 2/27/2020. (spe) [Transferred from Florida Southern on 6/22/2020.]
February 27, 2020 Filing 8 Summons Issued as to Intermarketing Media, LLC. (jas) [Transferred from Florida Southern on 6/22/2020.]
February 26, 2020 Opinion or Order Filing 7 ORDER REFERRING CASE AND SETTING TRIAL DATE (Jury Trial set for 9/14/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 9/9/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 2/26/2020. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 6/22/2020.]
February 26, 2020 Filing 6 NOTICE of Filing Proposed Summons(es) as to Intermarketing Media, LLC by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
February 14, 2020 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC. Pandora Marketing, LLC served on 2/3/2020, answer due 2/24/2020. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
February 14, 2020 Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC. Intermarketing Media, LLC served on 2/3/2020, answer due 2/24/2020. (Keown, Lindy) [Transferred from Florida Southern on 6/22/2020.]
January 31, 2020 Filing 3 Summons Issued as to Intermarketing Media, LLC, Pandora Marketing, LLC. (cds) [Transferred from Florida Southern on 6/22/2020.]
January 31, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (cds) [Transferred from Florida Southern on 6/22/2020.]
January 31, 2020 Filing 1 COMPLAINT against Intermarket Media, LLC dba Resort Advisory Group, Pandora Marketing, LLC dba Timeshare Compliance. Filing fees $ 400.00 receipt number AFLSDC-12380143, filed by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Crossland, Brandon) [Transferred from Florida Southern on 6/22/2020.]

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Search for this case: Diamond Resorts U.S. Collection Development, LLC et al v. Pandora Marketing, LLC et al
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Defendant: Esq. Miranda McCroskey
Represented By: Amy Leigh Baker
Represented By: Andrew D Stolper
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Defendant: Intermarketing Media, LLC
Represented By: Jonathan Steven Parrott
Represented By: Andrew D Stolper
Represented By: S Jonathan Vine
Represented By: Isaac Meyer Marcushamer
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Defendant: McCroskey Legal
Represented By: Amy Leigh Baker
Represented By: Andrew D Stolper
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Defendant: Esq. J.L. Sean Slattery
Represented By: Brian L Wagner
Represented By: Johnny Lee Antwiler, II
Represented By: Samuel Y Edgerton, III
Represented By: Andrew D Stolper
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Defendant: Carlsbad Law Group, LLP
Represented By: Brian L Wagner
Represented By: Johnny Lee Antwiler, II
Represented By: Samuel Y Edgerton, III
Represented By: Andrew D Stolper
Represented By: Andrew D. Stolper
Represented By: Jon R Schwalbach
Represented By: James J Kjar
Represented By: Gregory Brian Emdee
Represented By: Kyle J Waldie
Represented By: David P Hall
Represented By: Randall Stepp
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Defendant: Slattery, Sobel & Decamp, LLC
Represented By: Brian L Wagner
Represented By: Johnny Lee Antwiler, II
Represented By: Samuel Y Edgerton, III
Represented By: Andrew D Stolper
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Defendant: Unlock Legal, APLC
Represented By: Amy Leigh Baker
Represented By: Andrew D Stolper
Represented By: John Y. Benford
Represented By: Johnny Lee Antwiler, II
Represented By: Thomas Harvey Nienow
Represented By: Andrew D. Stolper
Represented By: Marty B Ready
Represented By: Tae Sang Um
Represented By: Natalie C. Bourff
Represented By: Kevin R. Lussier
Represented By: Katherine Sarah Schantz-Bekken
Represented By: Katherine S. Bekken
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Defendant: Pandora Marketing, LLC
Represented By: Sheena Danielle Smith
Represented By: Amy Leigh Baker
Represented By: Jacob Brian Post
Represented By: S Jonathan Vine
Represented By: Andrew D Stolper
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Defendant: Del Mar Law Group, LLP
Represented By: Brian L Wagner
Represented By: Johnny Lee Antwiler, II
Represented By: Samuel Y Edgerton, III
Represented By: Andrew D Stolper
Represented By: Andrew D. Stolper
Represented By: Jon R Schwalbach
Represented By: James J Kjar
Represented By: Gregory Brian Emdee
Represented By: Kyle J Waldie
Represented By: David P Hall
Represented By: Randall Stepp
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Defendant: Pandora Marketing, LLC a Wyoming limited liability company doing business as Timeshare Compliance
Represented By: Amy Leigh Baker
Represented By: Jacob Brian Post
Represented By: Andrew D Stolper
Represented By: Jonathan Steven Parrott
Represented By: Johnny Lee Antwiler, II
Represented By: Andrew D. Stolper
Represented By: Benjamin D Scheibe
Represented By: Eric M George
Represented By: Eric A Westlund
Represented By: Emily Lilburn
Represented By: Eric M. George
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Defendant: Intermarketing Media, LLC a Wyoming limited liability company doing business as Resort Advisory Group
Represented By: Jonathan Steven Parrott
Represented By: Andrew D Stolper
Represented By: David E Outwater
Represented By: Randi Ellen Pinckes
Represented By: Cathleen Mulligan Golden
Represented By: Johnny Lee Antwiler, II
Represented By: Andrew D. Stolper
Represented By: David Alan Klein
Represented By: Andrew L Johnson
Represented By: Benjamin D Scheibe
Represented By: Eric M. George
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Defendant: Miranda McCroskey
Represented By: Amy Leigh Baker
Represented By: Andrew D Stolper
Represented By: John Y. Benford
Represented By: Johnny Lee Antwiler, II
Represented By: Thomas Harvey Nienow
Represented By: Andrew D. Stolper
Represented By: Marty B Ready
Represented By: Tae Sang Um
Represented By: Natalie C. Bourff
Represented By: Kevin R. Lussier
Represented By: Katherine Sarah Schantz-Bekken
Represented By: Katherine S. Bekken
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Defendant: Slattery, Sobel and DeCamp, LLC
Represented By: Andrew D Stolper
Represented By: Johnny Lee Antwiler, II
Represented By: Samuel Y Edgerton, III
Represented By: Andrew D. Stolper
Represented By: James J Kjar
Represented By: Jon R Schwalbach
Represented By: Gregory Brian Emdee
Represented By: Kyle J Waldie
Represented By: David P Hall
Represented By: Randall Stepp
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Defendant: JL Sean Slattery
Represented By: Andrew D Stolper
Represented By: Johnny Lee Antwiler, II
Represented By: Samuel Y Edgerton, III
Represented By: Andrew D. Stolper
Represented By: Jon R Schwalbach
Represented By: Kyle J Waldie
Represented By: James J Kjar
Represented By: David P Hall
Represented By: Randall Stepp
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Defendant: Miranda Dempsey, APLC a California professional law corporation doing business as McCroskey Legal
Represented By: Amy Leigh Baker
Represented By: Andrew D Stolper
Represented By: John Y. Benford
Represented By: Johnny Lee Antwiler, II
Represented By: Thomas Harvey Nienow
Represented By: Andrew D. Stolper
Represented By: Marty B Ready
Represented By: Tae Sang Um
Represented By: Natalie C. Bourff
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Counter defendant: Diamond Resorts Hawaii Collection Development, LLC
Represented By: Emily B Thomas
Represented By: Albert G Lin
Represented By: Brandon T Crossland
Represented By: Douglas A. Vonderhaar
Represented By: Lindy Kathryn Keown
Represented By: Elizabeth M Treckler
Represented By: Teresa C Chow
Represented By: Marissa A. Peirsol
Represented By: Caroline Dettmer Slye
Represented By: Elizabeth Marie Treckler
Represented By: Teresa C. Chow
Represented By: Kayla Marie Prieto
Represented By: Daniella E. Martinez
Represented By: Nicole Cherie Delgado
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Counter defendant: Diamond Resorts U.S. Collection Development, LLC
Represented By: Emily B Thomas
Represented By: Albert G Lin
Represented By: Brandon T Crossland
Represented By: Douglas A. Vonderhaar
Represented By: Lindy Kathryn Keown
Represented By: Elizabeth M Treckler
Represented By: Teresa C Chow
Represented By: Marissa A. Peirsol
Represented By: Caroline Dettmer Slye
Represented By: Elizabeth Marie Treckler
Represented By: Teresa C. Chow
Represented By: Kayla Marie Prieto
Represented By: Daniella E. Martinez
Represented By: Nicole Cherie Delgado
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Counter defendant: Diamond Resorts International, Inc.
Represented By: Albert G Lin
Represented By: Nicole Cherie Delgado
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Material witness: BRENT DAVID BARLOW
Represented By: Brent D Barlow
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