Beaver et al v. Tarsadia Hotels et al
Dean Beaver, Laurie Beaver, Steven Adelman, Abram Aghachi, Dinesh Gauba, Devin Kenna and Veronica Kenna |
Tarsadia Hotels, Tushar Patel, B.U. Patel, Gregory Casserly, 5th Rock LLC, MKP One, LLC, Gaslamp Holdings, LLC, Playground Destination Properties, Inc., DOES 1-50, Josh Erskine and Shane Erskine |
3:2011cv01842 |
August 17, 2011 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Cathy Ann Bencivengo |
Dana M. Sabraw |
Other Statutory Actions |
28 U.S.C. ยง 1446 |
Defendant |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 328 ORDER Granting Plaintiffs' 326 Motion for Cy Pres Distribution of Residual Settlement Fund. The hearing date set for March 13, 2020 shall be vacated. Signed by Judge Gonzalo P. Curiel on 3/9/20. (All non-registered users served via U.S. Mail Service)(dlg) |
Filing 325 ORDER Re Distribution of Residual Settlement Funds. Signed by Judge Gonzalo P. Curiel on 1/7/20.(All non-registered users served via U.S. Mail Service)(dlg) |
Filing 314 ORDER Granting 286 Motion for Final Approval of Class Action Settlement and Judgment; Granting 287 Motion for Attorney Fees; Granting Plaintiffs' Request for Service Awards; Granting Joint 309 Motion Regarding Lien. Signed by Judge Gonzalo P. Curiel on 9/28/17. (All non-registered users served via U.S. Mail Service)(dlg) |
Filing 310 ORDER Re: 309 Joint MOTION Regarding Lien. The parties shall submit additional information and legal authority, if any, for the Court concerning the parties' joint motion and the issues identified herein above on or before 9/26/2017. Signed by Judge Gonzalo P. Curiel on 09/20/2017.(All non-registered users served via U.S. Mail Service)(ajs) |
Filing 278 ORDER Granting Plaintiffs' Unopposed 273 Motion for Preliminary Approval of Class Action Settlement; Directing Issuance of Notice; and Setting Final Approval Hearing. Class Counsel shall file a Motion for Final Approval of Class Settlement n o later than August 9, 2017. Class Counsel shall file an application for attorneys' fees and costs, and for service awards no later than August 9, 2017. Any of the Parties may file a response to objections by September 8, 2017. Fairness Hearing. The Court directs that the final Fairness Hearing shall be held on September 15, 2017 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 5/24/17. (All non-registered users served via U.S. Mail Service)(dlg) |
Filing 236 ORDER Denying Defendants' 213 Motion for Leave to Amend Answer to the Third Amended Complaint. Signed by Judge Gonzalo P. Curiel on 8/4/2016. (All non-registered users served via U.S. Mail Service)(knb) |
Filing 218 ORDER Granting Third Party Defendant's 211 Motion to Participate in Defense of Main Action. The hearing set for June 30, 2016 shall be vacated. Signed by Judge Gonzalo P. Curiel on 6/27/16. (All non-registered users served via U.S. Mail Service)(dlg) |
Filing 198 ORDER Denying 193 Defendants' Motion for Stay Pending Filing and Disposition of Petition for Writ of Certiorari. The Court sets a status conference on May 13, 2016 at 1:30 p.m. On or before May 6, 2016, the parties shall file a joint stat ement suggesting how the case should proceed after the Ninth Circuit's ruling, and identifying issues the parties wish to raise at the status conference. Signed by Judge Gonzalo P. Curiel on 4/19/16. (All non-registered users served via U.S. Mail Service)(dlg) |
Filing 177 ORDER Re Retroactivity of Recent 2014 Amendment to the Interstate Land Sales Act; Sua Sponte Certifying Orders for Interlocutory Appeal; Granting in Part 158 Motion for Certificate of Appealability. The hearing set for October 31, 2014 is vacated. Signed by Judge Gonzalo P. Curiel on 10/29/2014. (All non-registered users served via U.S. Mail Service)(srm) |
Filing 153 ORDER Granting In Part and Denying In Part 138 Plaintiffs' Motion for Reconsideration; and Granting Tarsadia Defendants' and Playground's Motions for Summary Judgment on the Negligence Cause of Action (Dkt. Nos. 81 , 94 , 98 ). Signed by Judge Gonzalo P. Curiel on 7/1/2014. (All non-registered users served via U.S. Mail Service)(srm) |
Filing 139 ORDER Denying 124 Third Party Defendant's Motion to Dismiss, Denying Motion to Stay. Signed by Judge Gonzalo P. Curiel on 12/17/2013. (All non-registered users served via U.S. Mail Service)(srm) |
Filing 128 ORDER Denying 81 Plaintiffs' Motion for Summary Judgment; Granting in part and Denying in part 94 , 98 Tarsadia Defendants and Playground Destination Properties, Inc.'s Motions for Summary Judgment. The parties shall file supplemental briefs as to the negligence cause of action on or before November 5, 2013. Signed by Judge Gonzalo P. Curiel on 10/16/2013. (All non-registered users served via U.S. Mail Service)(srm) |
Filing 108 ORDER Denying 62 Plaintiffs' Motion to Certify Class and Denying 63 Plaintiffs' Motion to Appoint Co-Lead Class Counsel as Premature. Signed by Judge Gonzalo P. Curiel on 6/24/2013. (All non-registered users served via U.S. Mail Service)(srm) |
Filing 68 ORDER Granting 43 Plaintiffs' Motion to File Third Amended Complaint; and Denying as Moot 40 Defendant Playground Destination Properties, Inc.'s Motion for Judgment on the Pleadings as to Plaintiffs' Section 17200 Claim. Plaintiffs shall file a Third Amended Complaint within five (5) days. Signed by Judge Gonzalo P. Curiel on 4/17/2013. (All non-registered users served via U.S. Mail Service)(srm) |
Filing 34 ORDER granting in part and denying in part Motion to Dismiss. The motion to dismiss 23 filed by Tarsadia Hotels, Tushar Patel, B.U. Patel, Gregory Casserly, 5th Rock, LLC, MPK One, LLC, and Gaslamp Holdings, LLC is granted in part and denied in par t. The motion to dismiss 22 filed by Playground Destination Properties, Inc. is granted in part and denied in part. The second cause of action for violation of the Subdivided Lands Act is dismissed with prejudice. The first and third causes of acti on for violation of the Interstate Land Sales Full Disclosure Act and common law fraud are dismissed with prejudice as to Defendant Playground Destination Properties, Inc. only. Signed by Judge Dana M. Sabraw on 5/2/2012. (All non-registered users served via U.S. Mail Service)(aef) |
Filing 20 ORDER granting in part and denying in part Defendants' Motions to Dismiss re 6 , 11 , 12 . The motion to dismiss filed by Tarsadia Hotels, Tushar Patel, B.U. Patel, Gregory Casserly, 5th Rock, LLC, MPK One, LLC, and Gaslamp Holdings, LLC is gr anted in part and denied in part; the motion to dismiss filed by Playground Destination Properties, Inc. is Granted in part and denied in part; and the motion to dismiss filed by Josh and Shane Erskine is Granted. The second and third causes of acti on are Dismissed with prejudice. The first, fourth and fifth causes of action are Dismissed with leave to amend. If Plaintiffs choose to amend the Complaint, they must file and serve it no later than December 22, 2011. If Plaintiffs choose not to file an amended complaint, Defendants shall respond within the same period of time calculated from December 22, 2011. Signed by Judge Dana M. Sabraw on 12/6/11. (lao) |
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