Polynesian Isles Resort Condominium IV Association, Inc. v. Diamond Resorts Management, Inc. et al
| Polynesian Isles Resort Condominium IV Association, Inc. |
| Diamond Resorts Management, Inc., Marilyn Windsor, Troy Magdos and Linda Riddle |
| 6:2009cv00647 |
| April 13, 2009 |
| US District Court for the Middle District of Florida |
| Contract: Other Office |
| Osceola |
| Gregory A Presnell |
| Karla R Spaulding |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 65
ORDER dismissing case with prejudice re #64 Notice of Voluntary Dismissal; clerk has closed this case. Signed by Judge Gregory A. Presnell on 11/1/2010. (TKW)
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| Filing 64 NOTICE of Voluntary Dismissal -JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE by Diamond Resorts Management, Inc., Troy Magdos, Linda Riddle, Marilyn Windsor (Webster, Benjamin) |
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Filing 63
ORDER to strike re: #62 Notice of Voluntary Dismissal filed by Polynesian Isles Resort Condominium IV Association, Inc. Signed by Judge Gregory A. Presnell on 10/28/2010. (TKW)
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| Filing 62 NOTICE of Voluntary Dismissal With Prejudice by Polynesian Isles Resort Condominium IV Association, Inc. (Pastel, Marvin) ***STRICKEN PER ORDER ENTERED ON 10/28/10 - DOCUMENT NO. 63 (IGC).*** |
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Filing 61
ORDER dismissing case without prejudice re #60 Notice of Settlement; case removed from 1/11 trial docket; clerk is directed to close the case. Signed by Judge Gregory A. Presnell on 10/5/2010. (TKW)
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| Filing 60 NOTICE of Settlement Plaintiff's Acceptance of Defendant's Proposal for Settlement by Polynesian Isles Resort Condominium IV Association, Inc. (Attachments: #1 Main Document Proposal for Settlement to Plaintiff)(Pastel, Marvin) |
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Filing 59
ORDER denying #54 motion to amend/correct. Signed by Judge Gregory A. Presnell on 9/28/2010. (LLP)
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| Filing 58 NOTICE by Diamond Resorts Management, Inc. re #55 Order to show cause regarding Status of Mediation (Webster, Benjamin) |
| Filing 57 NOTICE by Polynesian Isles Resort Condominium IV Association, Inc. re #55 Order to show cause as to Mediation Status (Pastel, Marvin) |
| Filing 56 MEMORANDUM in opposition re #54 Motion to amend/correct filed by Diamond Resorts Management, Inc.. (Attachments: #1 Exhibit A - DRM's Interrogatories, #2 Exhibit B - Answer to Interrogatories, #3 Exhibit C - Supplemental Response to Request to Produce, #4 Exhibit D - Amended Answers to Interrogatories, #5 Exhibit E - Sept 9, 2010 Letter)(Webster, Benjamin) |
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Filing 55
ORDER - The parties are to advise the Court, within fourteen (14) days from the date hereof, regarding the status of the mediation which was to be conducted on or before August 24, 2010, in accordance with this Court's order dated August 2, 2010 53. Signed by Judge Gregory A. Presnell on 9/13/2010. Copies mailed.(LAM)
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| Filing 54 MOTION to amend/correct #2 Complaint Motion for Leave to Amend Complaint by Polynesian Isles Resort Condominium IV Association, Inc.. (Attachments: #1 Exhibit Amended Complaint)(Pastel, Marvin) |
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Filing 53
ENDORSED ORDER granting #52 Motion for Miscellaneous Relief. Signed by Judge Gregory A. Presnell on 8/2/2010. (TFF)
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| Filing 52 Joint MOTION for miscellaneous relief, specifically for leave to conduct mediation on August 24, 2010 by Diamond Resorts Management, Inc.. (Webster, Benjamin) |
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Filing 51
ORDER granting #50 Plaintiff's Motion to Withdraw as Counsel of Record for Polynesian Isles Resorts Condominium IV Association, Inc. Marlene L. Kirtland, Esq., Keith E. Broll, Esq., and the law firm of Becker & Poliakoff, P.A., are hereby relieved of their obligation to represent Plaintiff in this matter. Signed by Magistrate Judge Karla R. Spaulding on 7/30/2010. (CHM)
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| Filing 50 MOTION for Marlene L. Kirtland and Keith E. Broll to withdraw as attorney by Polynesian Isles Resort Condominium IV Association, Inc.. (Kirtland, Marlene) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 49 NOTICE of Appearance by Michael Weinstock on behalf of Polynesian Isles Resort Condominium IV Association, Inc. (Weinstock, Michael) |
| Filing 48 NOTICE of Appearance by Marvin P. Pastel, II on behalf of Polynesian Isles Resort Condominium IV Association, Inc. (Pastel, Marvin) |
| Filing 47 NOTICE and Joint Stipulation Scheduling Deposition by Diamond Resorts Management, Inc. re #46 Order on motion to compel, Order on motion for sanctions (Webster, Benjamin) Modified on 7/15/2010 (IGC). |
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Filing 46
ORDER granting #42 Motion to compel. Signed by Magistrate Judge Karla R. Spaulding on 7/8/2010.(LMJ)
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| Filing 45 RESPONSE to motion re #42 MOTION to compel production of documents and testimony of Thomas Durkee MOTION for sanctions filed by Polynesian Isles Resort Condominium IV Association, Inc.. (Kirtland, Marlene) |
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Filing 44
ORDER re #42 Defendant, Diamond Resorts Management, Inc.'s, Motion to Compel Production of Documents and Testimony of Thomas Durkee and for Sanctions. Plaintiff shall respond to the merits of Defendant's motion on or before July 8, 2010. Plaintiff Signed by Magistrate Judge Karla R. Spaulding on 7/1/2010. (CHM)
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| Filing 43 DEPOSITION of Thomas Durkee taken on 06/23/2010 re: #42 MOTION to compel production of documents and testimony of Thomas Durkee MOTION for sanctions by Diamond Resorts Management, Inc..(Etscorn, James) |
| Filing 42 MOTION to compel production of documents and testimony of Thomas Durkee, MOTION for sanctions by Diamond Resorts Management, Inc.. (Attachments: #1 Index to Exhibits, #2 Exhibit A-E, #3 Exhibit F, #4 Exhibit G-H)(Etscorn, James) Motions referred to Magistrate Judge Karla R. Spaulding. |
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Filing 41
ORDER denying without prejudice #39 Plaintiff's Objections and Motion for Protective Order Directed Against Defendant's Notice of Taking Deposition Duces Tecum as to Thomas V. Durkee. Signed by Magistrate Judge Karla R. Spaulding on 6/15/2010. (CHM)
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| Filing 40 NOTICE by Polynesian Isles Resort Condominium IV Association, Inc. re #38 Notice (Other) of Withdrawal of Agreed-Upon Procedures and Thomas V. Durkee as Expert (Kirtland, Marlene) |
| Filing 39 MOTION for protective order Directed Against Defendant's Notice of Taking Deposition Duces Tecum as to Thomas V. Durkee by Polynesian Isles Resort Condominium IV Association, Inc.. (Kirtland, Marlene) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 38 NOTICE by Polynesian Isles Resort Condominium IV Association, Inc. of Filing Agreed-Upon Procedures (Kirtland, Marlene) **WITHDRAWN AT DOCUMENT NO. 40 (IGC).** |
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Filing 37
ENDORSED ORDER granting #36 Agreed Motion for Extension of Time. Plaintiff's expert report due Friday, May 28, 2010. Defendants' expert report due Monday, June 14, 2010. All other deadlines in the Case Management and Scheduling Order remain unchanged. No further extensions will be granted absent extraordinary cause. Signed by Judge Gregory A. Presnell on 5/5/2010. (TFF)
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| Filing 36 Unopposed MOTION to extend time for Disclosure of Expert's Report and Incorporated Memorandum of Law by Polynesian Isles Resort Condominium IV Association, Inc.. (Kirtland, Marlene) Text modified on 5/4/2010 (RDO). |
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Filing 35
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #33 Motion to extend time. Signed by Judge Gregory A. Presnell on 4/26/2010. (Presnell, Gregory)
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| Filing 34 RESPONSE to motion re #33 MOTION to extend time to Disclose Expert's Report and Incorporated Memorandum of Law filed by Diamond Resorts Management, Inc.. (Webster, Benjamin) |
| Filing 33 MOTION to extend time to Disclose Expert's Report and Incorporated Memorandum of Law by Polynesian Isles Resort Condominium IV Association, Inc.. (Kirtland, Marlene) |
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Filing 32
ORDER granting #24 Motion for Sanctions and denying #25 Motion to Strike. By no later than Friday, January 22, 2010, Plaintiff and its counsel shall each pay to the law firm of Baker & Hostetler, LLP the sum of $7,621.44 for a total sanction in the amount of $15,242.88. Signed by Judge Gregory A. Presnell on 12/22/2009. (TFF)
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| Filing 31 Minute Entry. Proceedings held before Judge Gregory A. Presnell: Motion Hearing held on 12/10/2009 re #25 MOTION to strike #24 MOTION for sanctions and Memorandum of Law and Incorporated Memorandum of Law in Support of Same MOTION to strike #24 MOTION for sanctions and Memorandum of Law and Incorporated Memorandum of Law in Support of Same filed by Polynesian Isles Resort Condominium IV Association, Inc., #24 MOTION for sanctions and Memorandum of Law filed by Troy Magdos, Linda Riddle, Marilyn Windsor. Court takes the matter UNDER ADVISEMENT. Written order to follow. Court Reporter: Diane Peede (AKJ) |
| Filing 30 DEFENDANT'S BRIEF re #26 Order Setting Hearing -Supplement to Memo re Issue of Abstention filed by Marilyn Windsor, Linda Riddle, Diamond Resorts Management, Inc., Troy Magdos. (Webster, Benjamin) |
| Filing 29 DEFENDANT'S BRIEF re #26 Order Setting Hearing -Memorandum Regarding Issue of Abstention filed by Marilyn Windsor, Linda Riddle, Diamond Resorts Management, Inc., Troy Magdos. (Attachments: #1 Exhibit A - Master Docket Sheet)(Webster, Benjamin) |
| Filing 28 MEMORANDUM in opposition re #25 Motion to strike the Individual Defendants' Motion for Sanctions filed by Marilyn Windsor, Linda Riddle, Troy Magdos. (Webster, Benjamin) |
| Filing 27 NOTICE of Hearing on Motion #24 MOTION for sanctions and Memorandum of Law, #25 MOTION to strike #24 MOTION for sanctions and Memorandum of Law and Incorporated Memorandum of Law in Support of Same MOTION to strike #24 MOTION for sanctions and Memorandum of Law and Incorporated Memorandum of Law in Support of Same : Motion Hearing set for 12/10/2009 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (AKJ) |
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Filing 26
ORDER and NOTICE of HEARING on #24 Motion for Sanctions, #25 Motion to Strike, and Abstention. Hearing set for Thursday, December 10, 2009 at 1:30 p.m. in Orlando Courtroom 5A before Judge Gregory A. Presnell. Defendant shall provide Chambers with a CD of the state court's docket by no later than Friday, December 4, 2009. Parties may brief abstention issue by no later than Friday, December 4, 2009. Signed by Judge Gregory A. Presnell on 11/17/2009. (Attachments: #1 Exhibit State Court Docket Sheet)(TFF)
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| Filing 25 MOTION to strike #24 MOTION for sanctions and Memorandum of Law and Incorporated Memorandum of Law in Support of Same by Polynesian Isles Resort Condominium IV Association, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kirtland, Marlene) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 24 MOTION for sanctions and Memorandum of Law by Marilyn Windsor, Linda Riddle, Troy Magdos. (Attachments: #1 Exhibit C - Draft Motion, #2 Exhibit D - Arizona Listing, #3 Exhibit E - Case No. 09-CA-2435, #4 Exhibit F - Affidavit of Etscorn, #5 Exhibit G - Affidavit of Reasonable Fees)(Webster, Benjamin) |
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Filing 23
CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 6/15/2009. (TKW)
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| Filing 22 CASE MANAGEMENT REPORT. (Webster, Benjamin) |
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Filing 21
ORDER granting #15 Motion to dismiss; Counts I, II, IV and VIII of Plaintiff's Complaint are hereby DISMISSED. Signed by Judge Gregory A. Presnell on 6/3/2009. (TKW)
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Filing 20
ORDER granting #13 Motion to Dismiss for Lack of Jurisdiction as unopposed; complaint against Troy Magdos, Marilyn Windsor, and Linda Riddle is DISMISSED for lack of personal jurisdiction. Signed by Judge Gregory A. Presnell on 6/3/2009. (TKW)
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Filing 19
ORDER denying #5 Motion to remand. Signed by Judge Gregory A. Presnell on 5/18/2009. (TFF)
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Filing 18
ENDORSED ORDER striking #17 Notice of unavailability filed by Polynesian Isles Resort Condominium IV Association, Inc. The rules of this Court do not provide for filing a Notice of Unavailability as a method to avoid abiding by deadlines and schedules established by the Court or to extend the time for responding to motions. Counsel may notify opposing counsel of his or her unavailability and request that his or her schedule be accommodated. With respect to deadlines for filing documents with the Court, attending hearings, or otherwise, counsel must file a motion for an enlargement of time or a continuance of a hearing or deposition date, as appropriate. It is impractical for the Court to be required to search the docket of each case for notices of unavailability before setting hearings and response deadlines. Counsel is directed to re-read the Local Rules. Signed by Judge Gregory A. Presnell on 5/7/2009. (TFF)
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| Filing 17 NOTICE of unavailability of counsel byPolynesian Isles Resort Condominium IV Association, Inc. from 6/29/09 to 7/10/09. (Broll, Keith) |
| Filing 16 MEMORANDUM in opposition re #5 Motion to remand filed by Marilyn Windsor, Linda Riddle, Diamond Resorts Management, Inc., Troy Magdos. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Etscorn, James) |
| Filing 15 MOTION to dismiss Complaint (Counts I, II, IV, and VIII) and Incorporated Memorandum of Law by Marilyn Windsor, Linda Riddle, Diamond Resorts Management, Inc., Troy Magdos. (Webster, Benjamin) |
| Filing 14 ANSWER and affirmative defenses to #2 Complaint by Marilyn Windsor, Linda Riddle, Diamond Resorts Management, Inc., Troy Magdos.(Webster, Benjamin) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum of Law by Marilyn Windsor, Linda Riddle, Diamond Resorts Management, Inc., Troy Magdos. (Attachments: #1 Exhibit A - Affidavit of Linda Riddle, #2 Exhibit B - Affidavit of Troy Magdos, #3 Exhibit C - Affidavit of Marilyn Windsor)(Webster, Benjamin) |
| Filing 12 NOTICE of compliance with Related Case Order and Track Two Notice by Polynesian Isles Resort Condominium IV Association, Inc. (Kirtland, Marlene) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to File Response/Reply. Responses due by 5/4/2009. Signed by Magistrate Judge Karla R. Spaulding on 4/28/2009. (DAH)
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #2 Complaint and Incorporated Memorandum of Law by Linda Riddle. (Webster, Benjamin) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Polynesian Isles Resort Condominium IV Association, Inc.. (Kirtland, Marlene) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Marilyn Windsor, Linda Riddle, Diamond Resorts Management, Inc., Troy Magdos. (Etscorn, James) |
| Filing 7 NOTICE of pendency of related cases re #3 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Marilyn Windsor, Linda Riddle, Diamond Resorts Management, Inc., Troy Magdos. Related case(s): no (Etscorn, James) |
| Filing 6 NOTICE of pendency of related cases re #3 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Polynesian Isles Resort Condominium IV Association, Inc.. Related case(s): yes (Kirtland, Marlene) |
| Filing 5 MOTION to remand and incorporated Memorandum of Law by Polynesian Isles Resort Condominium IV Association, Inc.. (Kirtland, Marlene) |
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Filing 4
INTERESTED PERSONS ORDER for Plaintiff and Defendants. Certificate of interested persons and corporate disclosure statement due by 4/27/2009 Signed by Judge Gregory A. Presnell on 4/14/2009. (Counsel emailed)(AKJ)
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/27/2009 Signed by Judge Gregory A. Presnell on 4/14/2009. (Counsel mailed/emailed)(AKJ)
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| Filing 2 COMPLAINT against all defendants with Jury Demand filed by Polynesian Isles Resort Condominium IV Association, Inc.. (Originally filed in Osceola County Circuit Court on 4/3/09)(RDO) |
| Filing 1 NOTICE OF REMOVAL from Osceola County Circuit Court, case number 09-CA-3951-CI,filed in State Court on 4/3/09. Filing fee $ 350 - receipt number 030911. Filed by all defendants.(RDO) |
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