Diamond Resorts U.S. Collection Development, LLC et al v. Gutierrez
| Diamond Resorts U.S. Collection Development, LLC |
| Gutierrez |
| Diamond Resorts International, Inc. |
| Kay Gutierrez |
| 6:2016cv01695 |
| September 27, 2016 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| XX US, Outside State |
| David A Baker |
| Daniel C Irick |
| Carlos E Mendoza |
| G Kendall Sharp |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0009 |
| None |
Docket Report
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This docket was last retrieved on January 11, 2018. A more recent docket listing may be available from PACER.
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| Filing 30 JUDGMENT in favor of Diamond Resorts International, Inc., and Diamond Resorts U.S. Collection Development, LLC, against Kay Gutierrez (Signed by Deputy Clerk) (JET) |
Filing 29
ORDER adopting Report and Recommendations - re #28 Report and Recommendations; Granting in part #25 Motion for Default Judgment. The Arbitration Award (Doc. 1-1) is CONFIRMED. The Clerk is directed to enter judgment in favor of Petitioners and against Respondent in the amount of $260,902.52, plus post-judgment interest thereon at the legal rate. In all other respects, Petitioners' Motion for Default Final Judgment is DENIED. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 1/11/2018. (DJD)
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| Filing 28 REPORT AND RECOMMENDATIONS re #25 MOTION for default judgment against Kay Gutierrez. It is recommended that the motion be granted in part and denied in part. Signed by Magistrate Judge Daniel C. Irick on 12/8/2017. (JET) |
| Filing 27 ENDORSED ORDER discharging #24 the July 26, 2017 Order to Show Cause. Signed by Carlos E. Mendoza on 7/28/2017. (MDS) |
| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE re #24 Order to show cause filed by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) |
| Filing 25 MOTION for default judgment against Kay Gutierrez by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts International, Inc.. (Attachments: #1 Exhibit A Declaration of Richard W. Epstein In Support of Motion for Final Default Judgment, #2 Exhibit B Declaration of Richard W. Epstein in Support of Petitioners' Request of Attorneys Fees and Costs, #3 Exhibit 1 to Exhibit B, #4 Exhibit 2 to Exhibit B, #5 Exhibit 3 to Exhibit B, #6 Text of Default Final Judgment Confirming Arbitration Award)(Epstein, Richard) Modified on 7/28/2017 (JET). |
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Filing 24
ORDER to show cause why this case should not be dismissed for failure to prosecute as to Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC. Show Cause Response due by 8/1/2017. Signed by Judge Carlos E. Mendoza on 7/26/2017. (DJD)
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Filing 23
ENDORSED ORDER discharging #19 Order to show cause. Signed by Judge Carlos E. Mendoza on 5/16/2017. (DJD)
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| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE re #19 Order to show cause filed by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) |
| Filing 21 Clerk's ENTRY OF DEFAULT as to Kay Gutierrez (JET) |
| Filing 20 MOTION for entry of clerk's default against Kay Gutierrez by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts International, Inc.. (Attachments: #1 Declaration in Support of Motion, #2 Exhibit Exhibit A to Declaration)(Epstein, Richard) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 19
ORDER to show cause why this case should not be dismissed for failure to prosecute as to Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC. Show Cause Response due by 5/15/2017. Signed by Judge Carlos E. Mendoza on 5/1/2017. (DJD)
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Filing 18
ORDER denying #17 Respondent's Renewed Unopposed Motion to Continue Date for Response to Petitioner's Petition/Motion to Confirm Arbitration Award Based upon Excusable Neglect. Respondent shall file a response to the Petition no later than January 13, 2017. Signed by Magistrate Judge Daniel C. Irick on 1/10/2017. (SWT)
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| Set deadlines as to #1 MOTION to confirm arbitration award. Responses due by 1/13/2017. (SWT) |
| Filing 17 Renewed Unopposed MOTION for Extension of Time until 1/16/17 to File Response/Reply re #1 Petition/Motion to Confirm Arbitration Award by Kay Gutierrez. (Attachments: #1 Affidavit Declaration of Richard W. Epstein, #2 Affidavit Declaration of Adam P. Weisman)(Weisman, Adam) Modified on 1/10/2017 (JET). |
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Filing 16
ENDORSED ORDER denying #15 Motion to Extend Deadline to Respond to Petition/Motion to Confirm Arbitration Award. The record reveals the response to the Petition is overdue. Defendant has not demonstrated that she failed to timely respond to the Petition due to excusable neglect. See Fed. R. Civ. P. 6(b)(1)(B). Defendant shall file her response to the Petition on or before January 9, 2017. Signed by Magistrate Judge Daniel C. Irick on 1/4/2017. (Irick, Daniel)
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| Set/reset deadlines as to #1 MOTION to confirm arbitration award. Responses due by 1/9/2017. (JET) |
| Filing 15 Unopposed MOTION to Extend Deadline to Respond to #1 Petition/Motion to Confirm Arbitration Award by Kay Gutierrez. (Weisman, Adam) Modified on 1/4/2017 (JET). |
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Filing 14
ORDER granting #13 motion to appear pro hac vice. Signed by Magistrate Judge Daniel C. Irick on 12/22/2016. (RN)
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| Filing 13 Unopposed Amended MOTION for Adam P. Weisman to appear pro hac vice by Kay Gutierrez. (Attachments: #1 Exhibit A)(Faulk, Debra) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 12/22/2016 (JET). |
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Filing 12
ENDORSED ORDER denying without prejudice #11 motion to appear pro hac vice. It must be certified to the court that non-resident counsel "is a member in good standing of the bar of any District Court of the United States." Local Rule 2.02(a). Signed by Magistrate Judge Daniel C. Irick on 12/15/2016. (Irick, Daniel)
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| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Adam P. Weisman, appearing on behalf of Kay Gutierrez (Filing fee $150 receipt number ORL-59205.) Related document: #11 Unopposed MOTION for Adam P. Weisman to appear pro hac vice. (LMM) |
| Filing 11 Unopposed MOTION for Adam P. Weisman to appear pro hac vice by Kay Gutierrez. (Attachments: #1 Exhibit)(Faulk, Debra) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) |
| Filing 9 RETURN of service executed on 11/14/2016 by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts International, Inc. as to Kay Gutierrez. (Epstein, Richard) |
| Filing 8 NOTICE of pendency of related cases re #3 Related Case Order per Local Rule 1.04(d) by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, LLC. Related case(s): No (Epstein, Richard) Modified on 11/2/2016 (JET). |
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Filing 7
ORDER directing compliance with this Court's order directing petitioners to certify compliance with Local Rule 1.04(d). Responses due by 11/15/2016. Signed by Judge Carlos E. Mendoza on 11/1/2016. (DJD)
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| Filing 6 Case Reassigned to Judge Carlos E. Mendoza. New case number: 6:16-cv-1695-ORL-41-DCI. Senior Judge G. Kendall Sharp no longer assigned to the case. (EJS) |
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Filing 5
ORDER reassigning this case to another District Judge for all further proceedings. Signed by Senior Judge G. Kendall Sharp on 10/4/2016. (SC)
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| Filing 4 Case reassigned to Magistrate Judge Daniel C. Irick. New case number: 6:16-cv-1695-18-DCI. Magistrate Judge David A. Baker no longer assigned to the case. (LAK) |
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Notice of pendency of other actions due within 14 days from the date of this order. Signed by Senior Judge G. Kendall Sharp on 9/29/2016. (Copies mailed/emailed)(AKJ)
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| Filing 2 SUMMONS issued as to Kay Gutierrez. (EJS) |
| Filing 1 PETITION/MOTION to Confirm an Arbitration Award against Kay Gutierrez (Filing Fee $400 Receipt Number ORL57044) filed by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts International, Inc. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(EJS) |
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