Majed Nabhan et al v. DPM Acquisition, LLC et al
| Majed Nabhan and Mary Lopez |
| Meridian Financial Services, Pacific Monarch Resorts, Inc., Does 1-5, Inclusive, Diamond Resorts International, Inc., Pete Mitchell and DPM Acquisition, LLC |
| 5:2013cv01328 |
| July 31, 2013 |
| US District Court for the Central District of California |
| George H King |
| Oswald Parada |
| Consumer Credit |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2014. A more recent docket listing may be available from PACER.
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| Filing 38 JUDGMENT by Judge George H. King: IT IS HEREBY ADJUDGED that Plaintiffs claims against DPM Acquisition, LLC and Meridian Financial Services, Inc. are DISMISSED without prejudice. Pursuant to the Courts January 24, 2014 Order, it is further ADJUDGED that Plaintiffs claims against Diamond Resorts International, Inc. are DISMISSED with prejudice. (MD JS-6, Case Terminated). (shb) |
Filing 37
MINUTES: (In Chambers) Order re: Defendant Diamond Resorts International, Inc.'sMotion to Dismiss Plaintiffs' Second Amended Complaint #35 : Accordingly, Defendant's Motion is GRANTED and this action is hereby DISMISSED with prejudice as to Defendant IT IS SO ORDERED by Judge George H. King. (ir)
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Filing 36
MINUTES: (IN CHAMBERS) ORDER: On the court's own motion, Defendant Diamond Resorts International Inc's Motion to Dismiss Second Amended Complaint #35 , noticed for hearing on JANUARY 27, 2014, is TAKEN OFF CALENDAR and willbe taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated IT IS SO ORDERED by Judge George H. King. (ir)
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| Filing 35 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendant Diamond Resorts International, Inc.. Motion set for hearing on 1/27/2014 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration of Michael Rohfeld)(Resnick, Mitchell) |
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Filing 34
MINUTE IN CHAMBERS ORDER DISMISSING UNSERVED DEFENDANTS by Judge George H. King:On November 14, 2013, we ordered Plaintiffs to file proof of proper service on Defendants DPM Acquisition, LLC (DPM) and Meridian Financial Services, Inc. (Meridian) within 21 days thereof or show cause, in writing, by that same date, why proper service was not effected. (Dkt. 31.) Wewarned Plaintiffs that if they failed to comply with our Order we would deem it their abandonment of this action as to DPM and Meridian, and that the case would be dismissed as to those Defendants for failure to prosecute and failure to comply with our Order. The deadline set forth in our Order has passed, and Plaintiffs have not filed proof of service for either defendant or responded to our Order to Show Cause. Accordingly, this action is hereby DISMISSED without prejudice as to DPM and Meridian. DPM Acquisition, LLC (a Delaware Corporation) and Meridian Financial Services (a Business Form unknown) terminated. (shb)
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| Filing 33 21 DAY Summons Issued re Second Amended Complaint #32 as to Defendants DPM Acquisition, LLC, Diamond Resorts International, Inc., Does, Meridian Financial Services. (bp) |
| Filing 32 SECOND AMENDED COMPLAINT against Defendants DPM Acquisition, LLC, Diamond Resorts International, Inc., Does, Meridian Financial Services amending Amended Complaint, #6 , filed by Plaintiffs Majed Nabhan, Mary Lopez (bp) |
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Filing 31
MINUTES: (In Chambers) Order re: Defendant Diamond Resorts International, Inc.'sMotion to Dismiss Plaintiffs' First Amended Complaint or in the Alternative Seeka More Definite Statement (Dkt. 16); Plaintiffs' Motion to Strike Diamond Resorts International, Inc.'s Motion to Dismiss (Dkt. 20); and Order to Show Cause re Service of Defendants DPM Acquisition, LLC and Meridian Financial Services, Inc: Based on the foregoing, Diamond's Motion to Dismiss is GRANTED in its entirety, and Plaintiffs' claims against Diamond are DISMISSED without prejudice. As such, Diamond's Motion for a More Definite Statement is DENIED as moot. Additionally, Plaintiffs' Motion to Strike is DENIED. The hearing on Plaintiffs' Motion, currently set for November 18, 2013, is hereby TAKENOFF CALENDAR and the hearing date is VACATED. Should Plaintiffs elect to file a Second Amended Complaint ("SAC"), they SHALL do so within 21 days hereof.Further, because the remaining Defendants, DPM and Meridian, do not appear to have been served, Plaintiffs are hereby ORDERED to file proper proof of service within 21 days hereof, or show cause, in writing, within the same 21 days, why proper service was not effected. Failure to do so will be deemed Plaintiffs' abandonment of this action as to the unserved defendants, and the case will be dismissed as to them, without prejudice, for failure to prosecute and failure to comply with our Order IT IS SO ORDERED by Judge George H. King. (ir)
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Filing 30
ORDER by Clerk of Court DOCUMENTS # 24 and 25 ARE ACCEPTED AS FILED. DOCUMENT # 26 IS STRICKEN. DEFENDANT SHALL RE-FILE IN ACCORDANCE WITH THE LOCAL RULES. DOCUMENT # 27 IS STRICKEN AS MOOT. COURT ISSUED ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION THIS DATE. RE: Declaration (non-motion) #26 , Response in Opposition to Motion, #25 , Reply (Motion related) #24 , Request to Continue, Request for Relief, #27 (shb)
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Filing 29
MINUTES (IN CHAMBERS): ORDER by Judge George H. King: taking under submission #16 Motion to Dismiss Case. On the court's own motion, Defendant Diamond Resort International Incs Motion to Dismiss #16 , noticed for hearing on NOVEMBER 4, 2013, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (shb)
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| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Opposition to Motion #25 Reply (Motion related) #24 , Declaration (non-motion) #26 , Request to Continue, Request for Relief #27 . The following error(s) was found: Case number is incorrect or missing. Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (rne) |
| Filing 27 [DOCUMENT STRICKEN AS MOOT PURSUANT TO ORDER G-112-B] - First REQUEST to Continue Hearing from November 4, 2013 to November 18, 2013 Re: MOTION to Dismiss Case to Dismiss First Amended Complaint #16 , MOTION to Strike Diamond Resort International Inc's Motion to Dismiss Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities; and attached Prooof of Service #20 filed by Defendant Diamond Resorts International, Inc.. Request set for hearing on 11/18/2013 at 09:39 AM before Judge George H. King. (Attachments: #1 Proposed Order for Request to Continue)(Resnick, Mitchell) Modified on 10/31/2013 (shb). |
| Filing 26 [DOCUMENT STRICKEN PURSUANT TO ORDER G-112-B] - DECLARATION re Response in Opposition to Motion, #25 , Reply (Motion related) #24 filed by Defendant Diamond Resorts International, Inc.. (Resnick, Mitchell) Modified on 10/31/2013 (shb). |
| Filing 25 OPPOSITION to MOTION to Strike Diamond Resort International Inc's Motion to Dismiss Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities; and attached Prooof of Service #20 filed by Defendant Diamond Resorts International, Inc.. (Resnick, Mitchell) |
| Filing 24 REPLY In support of MOTION to Dismiss Case to Dismiss First Amended Complaint #16 filed by Defendant Diamond Resorts International, Inc.. (Resnick, Mitchell) |
| Filing 23 Mail Returned addressed to Mary Lopez re Notice of Deficiency in Electronically Filed Documents (G-112), #17 (shb) |
| Filing 22 DECLARATION of MAJED NABHAN (AS EVIDENCE) #16 filed by Plaintiffs Mary Lopez, Majed Nabhan. (pj) |
| Filing 21 OPPOSITION TO DIAMOND RESORT INTERNATIONAL INC'S MOTION to Dismiss Case to Dismiss First Amended Complaint #16 filed by Plaintiffs Mary Lopez, Majed Nabhan. (pj) |
| Filing 20 MOTION to Strike Diamond Resort International Inc's Motion to Dismiss Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities; and attached Proof of Service filed by Plaintiffs Mary Lopez, Majed Nabhan. Motion set for hearing on 11/18/2013 at 09:30 AM before Judge George H. King. (pj) |
| Filing 19 NOTICE of Association of Counsel associating attorney Michael D. Rohfeld on behalf of Defendant Diamond Resorts International, Inc.. Filed by Defendant Diamond Resorts International, Inc. (Resnick, Mitchell) |
| Filing 18 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted. Notice of change of attorney information to be filed by no later than 10/4/13 RE: Motion to dismiss #16 (ir) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case to Dismiss First Amended Complaint #16 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. Other error(s) with document(s) are specified below. Other error(s) with document(s): Incorrect document is attached to the docket entry. Attorney Michael Rohfeld needs to file a Notice of Change of Attorney Information with the current information so he can be added to the case.. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Case to Dismiss First Amended Complaint filed by Defendant Diamond Resorts International, Inc.. Motion set for hearing on 11/4/2013 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration of Michael D. Rohfeld, #2 Proposed Order Request for Hearing)(Resnick, Mitchell) |
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Filing 15
MINUTES: (In Chambers) Order re: Defendant Diamond Resorts International, Inc.'sMotion to Dismiss #5 and Plaintiffs' Motion to Strike #10 : In light of Plaintiffs' filing of a First Amended Complaint, Diamond's Motion to Dismiss is DENIED as moot. Accordingly, Plaintiffs' Motion to Strike Diamond's Motion to Dismiss is also DENIED as moot. The hearing set for September 23, 2013 is hereby TAKEN OFF CALENDAR and the hearing date is VACATED. Defendants SHALL respond to the First Amended Complaint within fourteen (14) days hereof IT IS SO ORDERED by Judge George H. King. (ir)
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Filing 14
ORDER re CASE MANAGEMENT (See document for further details) by Judge George H. King. (ir)
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Filing 13
MINUTES: (In Chambers) Order Discharging OSC: On August 19, 2013, we issued an Order to Show Cause why the above-captioned action should not be dismissed for lack of subject matter jurisdiction #4 . On September 3, 2013, Plaintiffs timelyfiled a Response to our Order and a First Amended Complaint, dismissing all non-diverse Defendants and properly alleging citizenship of all remaining Defendants #6 #8 . Because Plaintiffs and the remaining Defendants are citizens of different states, that requirement of complete diversity under 28U.S.C. 1332 is met. Accordingly, our Order to Show Cause is hereby DISCHARGED IT IS SO ORDERED by Judge George H. King. (ir)
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| Filing 12 DECLARATION of Majed Nabhan re Motion to Dismiss #5 filed by Plaintiff Majed Nabhan. (ir) |
| Filing 11 OPPOSITION of Plaintiffs Majed Nabhan and Mary Lopez to MOTION to Dismiss for Lack of Jurisdiction #5 filed by Plaintiffs Mary Lopez, Majed Nabhan. (rne) |
| Filing 10 NOTICE OF MOTION AND MOTION to Strike Diamond Resort International, Inc.'s Motion to Dimiss Plaintiff's Complaint #5 filed by Plaintiffs Mary Lopez, Majed Nabhan. Motion set for hearing on 9/23/2013 at 09:30 AM before Judge George H. King. (rne) |
| Filing 9 NOTICE OF DISMISSAL filed by Plaintiffs Majed Nabhan, Mary Lopez pursuant to FRCP 41a(1) as to Pete Mitchell, Pacific Monarch Resorts, Inc.. (shb) |
| Filing 8 OPPOSITION TO OSC FOR DISMISSAL #4 filed by Plaintiffs Mary Lopez, Majed Nabhan. (shb) |
| Filing 7 21 DAY Summons Issued re First Amended Complaint, #6 as to Defendants DPM Acquisition, LLC, Diamond Resorts International, Inc., Meridian Financial Services. (shb) |
| Filing 6 FIRST AMENDED COMPLAINT against Defendants DPM Acquisition, LLC, Diamond Resorts International, Inc., Does, Meridian Financial Services; Party Pete Mitchell (an Individual) and Pacific Monarch Resorts, Inc. (a California Corporation) terminated amending Complaint - (Discovery), #1 ,filed by Plaintiffs Majed Nabhan, Mary Lopez (shb) (shb). |
| Filing 5 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Diamond Resorts International, Inc.. Motion set for hearing on 9/23/2013 at 09:30 AM before Judge George H. King. (Resnick, Mitchell) |
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Filing 4
MINUTE ORDER (In Chambers) re Order to Show Cause by Judge George H. King. Plaintiffs are ORDERED TO SHOW CAUSE, in writing, WITHIN FOURTEEN (14) DAYS hereof why this matter should not be dismissed without prejudice because this Court lacks subject matter jurisdiction. Plaintiffs' failure to timely and adequately show cause as required herein shall be deemed Plaintiffs' admission that this Court lacks subject matter. (lom)
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| Filing 3 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by plaintiffs Mary Lopez, Majed Nabhan. (esa) |
| Filing 2 21 DAY Summons issued re Complaint, #1 as to defendants DPM Acquisition, LLC, Diamond Resorts International, Inc., Meridian Financial Services, Pacific Monarch Resorts, Inc., Pete Mitchell. (esa) |
| Filing 1 COMPLAINT against defendants DPM Acquisition, LLC, Diamond Resorts International, Inc., Does 1-5, Meridian Financial Services, Pacific Monarch Resorts, Inc., Pete Mitchell. Case assigned to Judge George H. King for all further proceedings. Discovery referred to Magistrate Judge Oswald Parada; (Filing fee $ 400 PAID); Jury Demanded; filed by plaintiffs Majed Nabhan, Mary Lopez.(esa) |
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