Diamond Resorts U.S. Collection Development, LLC et al v. Sumday Vacations, LLC et al
| Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Management, Inc. and Diamond Resorts Hawaii Collection Development, LLC |
| Sumday Vacations, LLC and Standard Timeshare Transfers, LLC |
| 6:2019cv00982 |
| May 24, 2019 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Roy B Dalton |
| Daniel C Irick |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 45
ORDER granting #44 Joint Motion for Entry of Final Permanent Injunction. This Court possesses jurisdiction over this matter, and venue is proper in this Court. The parties affected by this Order and Permanent Injunction consent to this Permanent Injunction's entry and final judgment to resolve all matters in dispute between them. Signed by Judge Wendy W. Berger on 7/16/2020. (RMF)ctp
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| Filing 44 Joint MOTION for Miscellaneous Relief, specifically Entry of Final Permanent Injunction Against Sumday Vacations, LLC and Standard Timeshare Transfers, LLC by All Plaintiffs. (Attachments: #1 Text of Proposed Order Final Permanent Injunction Order Against Sumday Vacations, LLC and Standard Timeshare Transfers, LLC)(Vieira, Olga) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 43
ORDER denying #42 The Joint Stipulation and Motion for Entry of Final Permanent Injunction against Sumday Vacations, LLC and Standard Timeshare Transfers, LLC. This cause is DISMISSED with prejudice subject to the right of any party, within sixty days from the date of this Order, to move the Court to enter a stipulated form of final order or judgment, or, on good cause shown, to reopen the case for further proceedings. The Clerk is directed to close this file. Signed by Judge Wendy W. Berger on 5/18/2020. (RMF)ctp
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| Filing 42 Joint Stipulation and MOTION for Entry of Final Permanent Injunction against Sumday Vacations, LLC and Standard Timeshare Transfers, LLC by All Plaintiffs. (Attachments: #1Proposed Order for Final Permanent Injunction)(Vieira, Olga) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 5/6/2020 (ARJ). |
| Filing 41 ANSWER to #9 Amended Complaint by Standard Timeshare Transfers, LLC, Sumday Vacations, LLC.(Klein, Buffey) |
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Filing 40
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #39 Motion to Compel. The certification - and the conferral it certifies - is insufficient to comply with Local Rule 3.01(g) or the CMSO. Doc. 31. If the motion is re-filed, the parties are directed to first confer in person or via telephone in a good faith effort to resolve the issues raised by the motion. Any further violations of the Court's rules or orders by Plaintiff will result in a show cause hearing at which Mr. Backman and Mr. Epstein shall be present. Signed by Magistrate Judge Daniel C. Irick on 2/25/2020.(Irick, Daniel)
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| Filing 39 Amended MOTION to Compel Better Responses to Discovery and Production of Documents by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Vieira, Olga) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 38
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #37 Motion to Compel. Plaintiff's counsel is admonished that it should know better than to file a discovery motion that lacks a certification pursuant to Local Rule 3.01(g) or any indication that the parties conferred in person or via telephone concerning the motion itself and the relief requested therein. Signed by Magistrate Judge Daniel C. Irick on 2/25/2020. (Irick, Daniel)
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| Filing 37 MOTION to Compel Better Responses to Discovery and Production of Documents by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Vieira, Olga) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 36
ORDER granting in part #11 Motion to Dismiss for Failure to State a Claim; granting in part #14 Motion to Dismiss for Failure to State a Claim. Count I of the Amended Complaint #9 is DISMISSED without prejudice. In all other respects, the Motions are DENIED. Signed by Judge Wendy W. Berger on 2/21/2020. (RMF)ctp
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| Filing 35 NOTICE of mediation conference/hearing to be held on May 19, 2020 at 10:00 a.m. before James Nulman, Esq.. (Vieira, Olga) |
| Filing 34 NOTICE OF SELECTION of James Nulman as mediator by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) Modified on 10/18/2019 (PAM). Counsel notified to use correct judge's code on future pleadings |
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Filing 32
ORDER that the parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before October 17, 2019. Signed by Judge Wendy W. Berger on 10/3/2019. (RMF)(Copies mailed).
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| Filing 33 CASE REFERRED to Mediation. (ALL) |
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Filing 31
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 6/15/2020, Dispositive motions due by 7/15/2020, Pretrial statement due by 11/23/2020, All other motions due by 11/2/2020, Plaintiff disclosure of expert report due by 3/13/2020, Defendant disclosure of expert report due by 4/15/2020, Trial Status Conference set for 12/8/2020 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Bench Trial set for trial term commencing 1/4/2021 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 7/17/2020. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 10/2/2019. (RMF)(Copies mailed).
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| Filing 30 STIPULATION re 27 Order on Motion for Extension of Time to File ESI Protocol by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) |
| Filing 29 Case Reassigned to Judge Wendy W. Berger. New case number: 6:19-cv-982-Orl-78DCI. Judge Roy B. Dalton, Jr. no longer assigned to the case. (ALL) |
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Filing 28
ORDER to strike re: #26 Stipulation filed by Diamond Resorts Management, Inc., Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Signed by Judge Roy B. Dalton, Jr. on 8/2/2019. (ctp)(JLC)
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Filing 27
ENDORSED ORDER granting #25 First Unopposed Motion for Extension of Time to File ESI Protocol or to Advise Court of Any Issues Regarding Same. On or before 8/14/2019, the parties shall submit their ESI Protocol to the Court and, if applicable, advise the Court of any disputes regarding that Protocol. Signed by Magistrate Judge Daniel C. Irick on 8/1/2019. (Irick, Daniel)
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| Filing 26 **STRICKEN PER ORDER #28** STIPULATION as to Confidentiality and Non-Disclosure of Information Subject to the Gramm-Leach-Bliley Act by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) Modified on 8/5/2019 (BIA). |
| Filing 25 First Unopposed MOTION for Extension of Time to File ESI Protocol or to Advise Court of Any Issues Regarding Same by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) Modified on 8/1/2019 (BIA). |
| Filing 24 CASE MANAGEMENT REPORT. (Epstein, Richard) |
| Filing 23 Remark: Docs. #19 and #20 have been reviewed. Signed by Judge Roy B. Dalton, Jr. on 7/15/19. (MT) |
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Filing 22
ENDORSED ORDER discharging #18 Order to Show Cause in light of Defendants' filings #19 and #20. Signed by Judge Roy B. Dalton, Jr. on 7/15/2019. (ESG)
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| Filing 21 MEMORANDUM in opposition re #11 Motion to dismiss for failure to state a claim, #14 Motion to dismiss for failure to state a claim filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) |
| Filing 20 Amended CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Sumday Vacations, LLC. (Klein, Buffey) Modified on 7/15/2019 (BIA). |
| Filing 19 Amended CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Standard Timeshare Transfers, LLC identifying Corporate Parent Holiday Planners, LLC for Standard Timeshare Transfers, LLC.. (Klein, Buffey) Modified on 7/15/2019 (BIA). |
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Filing 18
ORDER to show cause by written response why they failed to timely file compliant Certificate of Interested Persons and Corporate Disclosure Statements as to Standard Timeshare Transfers, LLC, Sumday Vacations, LLC. Show Cause Response due by 7/15/2019. Signed by Judge Roy B. Dalton, Jr. on 7/11/2019. (ctp)(JLC)
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Filing 17
ENDORSED ORDER granting #16 Unopposed Motion for Extension of Time to File Responses to #11 Motion to dismiss and #14 Motion to dismiss. Responses due by 7/12/2019. Signed by Magistrate Judge Daniel C. Irick on 7/9/2019. (Irick, Daniel)
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| Filing 16 First MOTION for Extension of Time to File Response/Reply as to #11 MOTION to dismiss for failure to state a claim , and Rule 9(b) Motion to Dismiss, #14 MOTION to dismiss for failure to state a claim and 9(b) Motion to Dismiss by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 15
ORDER to strike re: #13 Certificate of interested persons and corporate disclosure statement filed by Sumday Vacations, LLC, #12 Certificate of interested persons and corporate disclosure statement filed by Standard Timeshare Transfers, LLC. Signed by Deputy Clerk on 6/25/2019. (ctp)(JLC)
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| Filing 14 MOTION to dismiss for failure to state a claim and 9(b) Motion to Dismiss by Sumday Vacations, LLC. (Klein, Buffey) |
| Filing 13 **STRICKEN PER ORDER #15** CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Sumday Vacations, LLC. (Klein, Buffey) Modified on 6/26/2019 (BIA). |
| Filing 12 **STRICKEN PER ORDER #15** CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Standard Timeshare Transfers, LLC. (Klein, Buffey) Modified on 6/26/2019 (BIA). |
| Filing 11 MOTION to dismiss for failure to state a claim , and Rule 9(b) Motion to Dismiss by Standard Timeshare Transfers, LLC. (Klein, Buffey) |
| Filing 10 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Related case(s): yes (Epstein, Richard) Modified on 6/20/2019 (BIA). |
| Filing 9 AMENDED COMPLAINT against Standard Timeshare Transfers, LLC, Sumday Vacations, LLC filed by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts Hawaii Collection Development, LLC.(Epstein, Richard) |
| Filing 8 INTERESTED PERSONS ORDER. Signed by Deputy Clerk on 6/4/2019. (ctp)(JLC) |
| Filing 7 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 6/4/2019. (ctp)(JLC) |
| Set/reset deadlines: Amended Complaint due by 6/5/2019 (BIA) |
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Filing 6
ORDER: The Complaint (Doc. #1) is DISMISSED WITHOUT PREJUDICE. Signed by Judge Roy B. Dalton, Jr. on 5/29/2019. (ctp)(JLC)
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| Filing 5 Remark: Doc. #2 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 5/29/19. (ESG) |
| Filing 4 SUMMONS issued as to Standard Timeshare Transfers, LLC, Sumday Vacations, LLC. (BIA) |
| Filing 3 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Daniel C. Irick. New case number: 6:19-cv-982-Orl-37DCI. (SJB) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC identifying Corporate Parent Diamond Resorts Management and Exchange Holding Company for Diamond Resorts Management, Inc.; Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC.. (Epstein, Richard) |
| Filing 1 COMPLAINT against Standard Timeshare Transfers, LLC, Sumday Vacations, LLC (Filing fee $ 400 receipt number 113A-15506121) filed by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Epstein, Richard) |
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