Bennett v. Lake Tahoe Resort Partners, L.L.C. et al
| Monique Bennett |
| Diamond Resorts Holdings, L.L.C. and Lake Tahoe Resort Partners, L.L.C. |
| 2:2017cv02326 |
| November 7, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| El Dorado |
| Carolyn K Delaney |
| Kimberly J Mueller |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 29 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: This action is DISMISSED, with prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the parties' Joint Stipulation to Dismiss Action (ECF No. #28 ). Accordingly, all previously set deadlines and hearings are VACATED, and this case is CLOSED. The court in its discretion declines to maintain jurisdiction to enforce the terms of the parties' settlement agreement. Kokkonen v. Guardian Life Ins. Co. Of America, 511 U.S. 375, 381 (1994); cf. Collins v. Thompson, 8 F.3d 657, 659 (9th Cir. 1993). Unless there is some independent basis for federal jurisdiction, enforcement of the agreement is for state courts. Kokkonen, 511 U.S. at 382. (Text Only Entry) (Schultz, C) |
| Filing 28 STIPULATION of DISMISSAL and REQUEST for Retention of Jurisdiction by Monique Bennett. (Attachments: #1 Proposed Order)(Pezeshkpour, Sara) |
| Filing 27 JOINT STATUS REPORT by Diamond Resorts Holdings, L.L.C., Lake Tahoe Resort Partners, L.L.C.. (Mills, Brian) |
| Filing 26 MINUTE ORDER issued by Relief Courtroom Deputy J. Anderson for District Judge Kimberly J. Mueller: The court has reviewed the parties' Joint Status Report. ECF No. #25 . In light of the time needed for the parties to finalize the settlement agreement, the stay of this action is continued. The parties shall file an updated Joint Status Report no later than September 1, 2019. So ordered. (Anderson, J) |
| Filing 25 JOINT STATUS REPORT by Monique Bennett. (Pezeshkpour, Sara) |
| Filing 24 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court has reviewed the parties' Joint Status Report. ECF No. #23 . In light of the time needed for the parties to finalize the settlement agreement, the stay of this action is continued. The parties shall file an updated Joint Status Report no later than July 2, 2019. So ordered. (Text Only Entry) (Schultz, C) |
| Filing 23 JOINT STATUS REPORT by Monique Bennett. (Pezeshkpour, Sara) |
| Filing 22 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court has reviewed the parties' Joint Status Report. ECF No. #21 . As the parties continue to explore settlement, the parties shall file another Joint Status Report no later than May 3, 2019 to advise the court of their settlement progress. So ordered. (Text Only Entry) (Schultz, C) |
| Filing 21 JOINT STATUS REPORT by Diamond Resorts Holdings, L.L.C., Lake Tahoe Resort Partners, L.L.C. (Mills, Brian) |
| Filing 20 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court has reviewed the parties' Joint Status Report. ECF No. #19 . As the parties continue to explore settlement, the parties shall file another Joint Status Report no later than March 1, 2019 to advise the court of their settlement progress. So ordered. (Text Only Entry) (Schultz, C) |
| Filing 19 JOINT STATUS REPORT by Diamond Resorts Holdings, L.L.C., Lake Tahoe Resort Partners, L.L.C.. (Mills, Brian) |
| Filing 18 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court has reviewed the parties' Joint Status Report. ECF No. #17 . As the parties continue to explore settlement and potential utilization of VDRP, the parties shall file another Joint Status Report no later than February 1, 2019 to advise the court of their settlement progress. So ordered. (Text Only Entry) (Schultz, C) |
| Filing 17 JOINT STATUS REPORT by Diamond Resorts Holdings, L.L.C., Lake Tahoe Resort Partners, L.L.C.. (Mills, Brian) |
| Filing 16 NOTICE OF APPOINTMENT from VDRP Administrator appointing Kathleen E. Finnerty as VDRP Neutral Attorney.[TEXT ONLY ENTRY] (Crouch, J) |
| Filing 15 CLERKS NOTICE: Pursuant to #12 Order, the parties have contacted the Voluntary Dispute Resolution Program (VDRP) administrator indicating they have completed informal settlement discussions and have been unable to informally reach a settlement in this case. Parties have requested to participate in the court's VDRP. This case is now activated in the court's VDRP. (TEXT ONLY ENTRY) (Crouch, J) |
Filing 14
ORDER signed by District Judge Kimberly J. Mueller on 4/3/2018 ORDERING The Parties will jointly retain Neal Casper of Casper Development Resources, Inc.; the costs associated with the retention and use of Mr. Casper shall be shared equally by the Parties; however, nothing herein shall prelude Plaintiff from seeking to recover those costs from Defendants in settlement negotiations or litigation; Mr. Casper will be instructed to prepare a report of his findings following the inspection; a full and complete copy of the report will be provided to counsel for each Party; any Party or all Parties may use Mr. Casper as their expert witness in this Litigation. Any report(s), note(s), photograph(s), or other documentation generated by Mr. Casper as a result of his work on this case may be used by any or all Parties in this Litigation; the joint retention of Mr. Casper does not preclude any Party from retaining additional disability access consultant(s) for this Litigation. (Reader, L)
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| Filing 13 STIPULATION and PROPOSED ORDER re: Joint Retention and Use of a Disability Access Consultant by Monique Bennett. (Attachments: #1 Proposed Order)(Pezeshkpour, Sara) Modified on 4/3/2018 (Benson, A.). |
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Filing 12
ORDER signed by District Judge Kimberly J. Mueller on 3/12/18 ORDERING that this action is STAYED except as set forth herein and all previously set deadlines and hearings are VACATED pending further order of the court. The parties are directed to promptly meet and confer to discuss settlement of this action. If the parties have not been able to informally reach a settlement within 45 days, the parties shall initiate participation in the court's Voluntary Dispute Resolution Program. (Becknal, R)
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| Filing 11 JOINT STATUS REPORT by Monique Bennett. (Kunkel, Sara) |
| Filing 10 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The Status (Pretrial Scheduling) Conference set for 3/15/2018 at 2:30 PM is RESET/ADVANCED on the same date for 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) |
| Filing 9 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court requires personal appearance at the initial Status (Pretrial Scheduling) Conference. Accordingly, Plaintiff's Request for Telephonic Appearance (ECF No. #8 ) is DENIED. (Text Only Entry) (Schultz, C) |
| Filing 8 REQUEST FOR TELEPHONIC APPEARANCE at the 3/15/2018 Status (Pretrial Scheduling) Conference hearing by Monique Bennett. (Attachments: #1 Proposed Order)(Kunkel, Sara) |
| Filing 7 ANSWER by Diamond Resorts Holdings, L.L.C., Lake Tahoe Resort Partners, L.L.C.. (Attachments: #1 Certificate of Interested Parties)(Mills, Brian) |
| Filing 6 STIPULATION to Extend Time to Respond to Complaint by Diamond Resorts Holdings, L.L.C., Lake Tahoe Resort Partners, L.L.C.. Attorney Mills, Brian James added. (Mills, Brian) |
| Filing 5 SUMMONS RETURNED EXECUTED: Diamond Resorts Holdings, L.L.C. served on 11/9/2017, answer due 11/30/2017. (Kunkel, Sara) |
| Filing 4 SUMMONS RETURNED EXECUTED: Lake Tahoe Resort Partners, L.L.C. served on 11/15/2017, answer due 12/6/2017. (Kunkel, Sara) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/15/2018 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Washington, S) |
| Filing 2 SUMMONS ISSUED as to *Diamond Resorts Holdings, L.L.C., Lake Tahoe Resort Partners, L.L.C.* with answer to complaint due within *21* days. Attorney *Sara Pezeshkpour Kunkel* *Metz & Harrison, LLP* *139 Richmond Street* *El Segundo, CA 90245*. (Washington, S) |
| Filing 1 COMPLAINT for Injunctive Relief against All Defendants by Monique Bennett. Attorney Kunkel, Sara Pezeshkpour added. (Filing fee $ 400, receipt number 0972-7351740) (Attachments: #1 Civil Cover Sheet)(Kunkel, Sara) Modified on 11/7/2017 (Washington, S). |
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