Diamond Resorts U.S. Collection Development, LLC et al v. Miller et al
Plaintiff: Diamond Resorts Hawaii Collection Development, LLC
Defendant: Harold O Miller, Michael A. Molfetta, Molfetta Law, LLC, SMFD, Ltd., Jordan Salkin, Systema Marketing, Inc., Freedom Consumer Services, LLC, d/b/a Timeshare Freedom Group and Timeshare Freedom, Middle Earth, Ltd., LLC, f/k/a Middle Earth, Ltd., Shayna G. Schroeder, Frank D. Silva, John E Mortimer, William S. Saliba, Harold O Miller Attorney, LLC, Freedom Consumer Services, LLC, Tayler Francis Zirkle, Martin Lewis Cordell, Timeshare Termination Team, LLC, Holly Wilbur, Richard Alan Russell, Patriot Advocates, Inc., Brian Stephen Wilbur and Martin Miles Werner
Petitioner: Hogan Lovells US LLP
3Rd Party Defendant: Diamond Resorts U.S. Collection Development, LLC and Middle Earth, Ltd.
Case Number: 6:2020cv01668
Filed: September 10, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Paul G Byron
Referring Judge: Leslie R Hoffman
2 Judge: Leslie R Hoffman
3 Judge: Leslie Hoffman Price
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 6, 2023 Filing 282 DEFAULT JUDGMENT against Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Signed by Deputy Clerk) (SRD)
February 3, 2023 Opinion or Order Filing 281 ORDER adopting #278 Report and Recommendations; granting #264 Motion for Default Judgment. The Clerk of Court is DIRECTED to enter the permanent injunction contained in the Order, to dismiss the appropriate Counts addressed, and to close the file thereafter. See Order for details. Signed by Judge Paul G. Byron on 2/3/2023. (ACZ)
January 4, 2023 Opinion or Order Filing 280 ORDER re #279 Joint Stipulation of Dismissal. Plaintiffs' claims against Defendant William Saliba are DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to terminate William Saliba from the file. Signed by Judge Paul G. Byron on 1/4/2023. (ACZ)
January 3, 2023 Filing 279 NOTICE of settlement and Joint Stipulation of Dismissal with Prejudice by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Epstein, Richard)
December 23, 2022 Filing 278 REPORT AND RECOMMENDATIONS re #264 MOTION for Default Judgment against Freedom Consumer Services, LLC, Jordan Salkin filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Signed by Magistrate Judge Leslie Hoffman Price on 12/23/2022. (MKH)
October 6, 2022 Filing 277 NOTICE canceling Final Pretrial Conference hearing scheduled for 10/12/2022 at 2 p.m. and removing the case from the November 2022 trial term. All defendants have been resolved and the remaining 2 pending defendants have a motion for default judgment pending against them. (AKC)
October 5, 2022 Filing 276 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference previously scheduled for 10/18/2022 at 3 p.m. is rescheduled. New scheduling date and time: Pretrial Conference reset for 10/13/2022 at 02:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. (AKC)
July 25, 2022 Opinion or Order Filing 275 ORDER re #265 Notice of Voluntary Dismissal. Plaintiffs' claims against Defendant Timeshare Termination Team are DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to terminate Timeshare Termination Team from the file. Signed by Judge Paul G. Byron on 7/25/2022. (AH)
July 25, 2022 Opinion or Order Filing 274 ORDER re #266 Notice of Voluntary Dismissal. Plaintiffs' claims against Defendants Brian Stephen Wilbur and Holly Wilbur are DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to terminate Brian Stephen Wilbur and Holly Wilbur from the file. Signed by Judge Paul G. Byron on 7/25/2022. (AH)
July 25, 2022 Opinion or Order Filing 273 ORDER re #269 Stipulation of Dismissal. Plaintiffs' claims against Defendants Shayna G. Schroeder and Systema Marketing, Inc., are DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to terminate Defendants Shayna G. Schroeder and Systema Marketing, Inc., from the file. Signed by Judge Paul G. Byron on 7/25/2022. (AH)
July 25, 2022 Opinion or Order Filing 272 ORDER re #268 Stipulation of Dismissal. Plaintiffs' claims against Defendants Frank Silva are DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to terminate Frank Silva from the file. Signed by Judge Paul G. Byron on 7/25/2022. (AH)
July 25, 2022 Opinion or Order Filing 271 ORDER re #267 Stipulation of Dismissal. Plaintiffs' claims against Defendants John Mortimer d/b/a Middle Earth Sales and Service, Middle Earth Ltd., LLC f/k/a Middle Earth, Ltd., and SMFD, Ltd., are DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to terminate John Mortimer d/b/a Middle Earth Sales and Service, Middle Earth Ltd., LLC f/k/a Middle Earth, Ltd., and SMFD, Ltd., from the file. Signed by Judge Paul G. Byron on 7/25/2022. (AH)
July 22, 2022 Filing 270 STATUS report in Response to Order [D.E. 263] by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
July 22, 2022 Filing 269 NOTICE of settlement and Joint Stipulation of Dismissal with Prejudice by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Epstein, Richard)
July 22, 2022 Filing 268 NOTICE of settlement and Joint Stipulation of Dismissal with Prejudice by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Epstein, Richard)
July 22, 2022 Filing 267 NOTICE of settlement and Joint Stipulation of Dismissal with Prejudice by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Epstein, Richard)
July 22, 2022 Filing 266 NOTICE of voluntary dismissal by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Epstein, Richard)
July 22, 2022 Filing 265 NOTICE of voluntary dismissal by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Epstein, Richard)
July 22, 2022 Filing 264 MOTION for Default Judgment against Freedom Consumer Services, LLC, Jordan Salkin by All Plaintiffs. (Attachments: #1 Text of Proposed Order A - Order on Plaintiffs' Renewed Motion for Final Default Judgment and Entry of Final Judgment Against Jordan Salkin and Timeshare Freedom Group)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
July 8, 2022 Opinion or Order Filing 263 ORDER DIRECTING Plaintiffs to file a status report to inform the Court of the outstanding claims on or before July 22, 2022. Further, the Clerk of Court is DIRECTED to terminate the use of Third-Party Plaintiffs or Third-Party Defendants in this case. See Order for details. Signed by Judge Paul G. Byron on 7/8/2022. (AH)
June 30, 2022 Opinion or Order Filing 262 ORDER granting #261 Motion for Relief from Stay and Entry of Permanent Injunction. See Order for details. Signed by Judge Paul G. Byron on 6/30/2022. (AH)
June 24, 2022 Filing 261 Joint MOTION for Miscellaneous Relief, specifically Relief of the Stay and Entry of Final Permanent Injunction by All Plaintiffs. (Attachments: #1 Exhibit A - Order Approving Settlement Agreement, #2 Exhibit B - Stipulated Final Permanent Injunction Order as to Defendants Brian Stephen Wilbur and Holly Wilbur)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
June 3, 2022 Opinion or Order Filing 260 ORDER granting #258 Motion for Voluntary Dismissal of Defendant Martin Lewis Cordell. Plaintiffs' claims against Defendant Martin Lewis Cordell are DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to terminate Martin Lewis Cordell from the file. Signed by Judge Paul G. Byron on 6/3/2022. (AH)
June 2, 2022 Filing 259 SUPPLEMENTAL Local Rule 3.01(g) Certification re #258 MOTION for Miscellaneous Relief, specifically Voluntary Dismissal of Claims Against Defendant Martin Lewis Cordell by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Cordell's assent to Motion)(Epstein, Richard) Text modified on 6/3/2022 (RDO).
May 31, 2022 Filing 258 MOTION for Miscellaneous Relief, specifically Voluntary Dismissal of Claims Against Defendant Martin Lewis Cordell filed by Plaintiffs. (Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price. Text modified on 6/1/2022 (RDO).
May 23, 2022 Opinion or Order Filing 257 ORDER re #256 Stipulation of Dismissal. Plaintiffs' claims against Defendants Michael A. Molfetta and Molfetta Law, LLC, are DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to terminate Michael A. Molfetta and Molfetta Law, LLC, from the file. Signed by Judge Paul G. Byron on 5/23/2022. (AH)
May 20, 2022 Filing 256 STIPULATION of Dismissal by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
April 27, 2022 Filing 255 MEDIATION report Hearing held on April 22, 2022. Hearing outcome: Part Settled, Part Impasse.. (Salzman, Gary)
March 30, 2022 Opinion or Order Filing 254 ORDER granting #250 Motion for Permanent Injunction. See Order for details. Signed by Judge Paul G. Byron on 3/30/2022. (AH)
March 30, 2022 Opinion or Order Filing 253 ORDER granting #249 Motion for Permanent Injunction. See Order for details. Signed by Judge Paul G. Byron on 3/30/2022. (AH)
March 30, 2022 Opinion or Order Filing 252 ORDER granting #248 Motion for Permanent Injunction. See Order for details. Signed by Judge Paul G. Byron on 3/30/2022. (AH)
March 30, 2022 Opinion or Order Filing 251 ORDER granting #247 Motion for Permanent Injunction. See Order for details. Signed by Judge Paul G. Byron on 3/30/2022. (AH)
March 24, 2022 Filing 250 Joint MOTION for Permanent Injunction by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order as to Defendant Systema Marketing, Inc.)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
March 24, 2022 Filing 249 Joint MOTION for Permanent Injunction by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order as to Defendant Shayna G. Schroeder)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
March 24, 2022 Filing 248 Joint MOTION for Permanent Injunction by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order as to Defendant SMFD, Ltd.)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
March 24, 2022 Filing 247 Joint MOTION for Permanent Injunction by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order as to Defendant William S. Saliba)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
March 17, 2022 Opinion or Order Filing 246 ORDER granting #244 Motion for Permanent Injunction. See Order for details. Signed by Judge Paul G. Byron on 3/17/2022. (AH)
March 17, 2022 Opinion or Order Filing 245 ORDER granting #243 Motion for Permanent Injunction. See Order for Details. Signed by Judge Paul G. Byron on 3/17/2022. (AH) (GNB).
March 14, 2022 Filing 244 Joint MOTION for Permanent Injunction by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order as to Defendant Middle Earth, LTD., f/k/a Middle Earth, LTD)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
March 14, 2022 Filing 243 Joint MOTION for Permanent Injunction by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order as to Defendant John E. Mortimer)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
March 10, 2022 Opinion or Order Filing 242 ORDER granting #241 Motion for Permanent Injunction. See Order for details. Signed by Judge Paul G. Byron on 3/10/2022. (AH)
March 9, 2022 Filing 241 CORRECTED JOINT MOTION for Permanent Injunction by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit Stipulated Final Permanent Injunction Order as to Defendant Frank D. Silva)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 3/10/2022 (RDO).
February 28, 2022 Opinion or Order Filing 239 ORDER granting #235 Motion to Correct. The Court's Order adopting the Report #232 is CORRECTED as follows: The Report #214 is ADOPTED AND CONFIRMED and made a part of this Order. Plaintiff's Motion to Strike Affirmative Defenses of Defendants Michael A. Molfetta and Molfetta Law, LLC #178 is DENIED. The Court notes that Defendants Michael A. Molfetta and Molfetta Law, LLC, have not been dismissed and remain as party defendants in this case. Signed by Judge Paul G. Byron on 2/28/2022. (AH)
February 4, 2022 Opinion or Order Filing 237 ORDER re #236 Stipulation of Dismissal. Plaintiffs' claims against Defendant Martin Miles Werner are DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to terminate Martin Miles Werner from the file. Signed by Judge Paul G. Byron on 2/4/2022. (AH)
February 3, 2022 Filing 236 NOTICE of settlement and Joint Stipulation of Dismissal with Prejudice by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Epstein, Richard)
February 3, 2022 Filing 235 Joint MOTION to Correct #232 Order on Motion to StrikeOrder on Report and Recommendations by All Plaintiffs. (Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
February 3, 2022 Opinion or Order Filing 234 ORDER re #233 Stipulation of Dismissal. Plaintiffs' claims against Defendant Richard Alan Russell are DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to terminate Richard Alan Russell from the file. Signed by Judge Paul G. Byron on 2/3/2022. (AH)
February 2, 2022 Filing 233 NOTICE of settlement and Joint Stipulation of Dismissal with Prejudice as to Defendant Richard Alan Russell only filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Epstein, Richard) Text modified on 2/3/2022 (RDO).
February 1, 2022 Opinion or Order Filing 232 ORDER granting in part and denying in part #156 Motion to Strike; denying as moot #178 Motion to Strike; adopting in part #214 Report and Recommendations. The Seventh, Sixteenth, and Twenty-Fourth Affirmative Defenses from Defendants Systema Marketing, Inc., and Shayna G. Schroeder's Answer and Affirmative Defenses are hereby STRICKEN. Defendants Michael A. Molfetta and Molfetta Law, LLC, have been permanently enjoined and terminated from the file, making #178 Motion to Strike moot. See #216 Order granting Permanent Injunction and #219 Order terminating Defendants Michael A. Molfetta and Molfetta Law, LLC from the file. Signed by Judge Paul G. Byron on 2/1/2022. (AH)
February 1, 2022 Opinion or Order Filing 231 ENDORSED ORDER denying as moot #98 Motion to Dismiss; denying as moot #98 Motion for More Definite Statement; finding as moot #213 Report and Recommendations. Defendant Martin Werner has been permanently enjoined, making the Motion and Report and Recommendation moot. See #230 Order granting Permanent Injunction. Signed by Judge Paul G. Byron on 2/1/2022. (AH)
February 1, 2022 Opinion or Order Filing 230 ORDER granting #225 Motion for Permanent Injunction; granting #229 Corrected Motion for Permanent Injunction. See Order for details. Signed by Judge Paul G. Byron on 2/1/2022. (AH)
January 31, 2022 Filing 229 Joint MOTION for Permanent Injunction by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order as to Defendant Martin Miles Werner)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
January 31, 2022 Opinion or Order Filing 228 ORDER granting #224 Motion for Permanent Injunction. See Order for details. Signed by Judge Paul G. Byron on 1/31/2022. (AH)
January 31, 2022 Opinion or Order Filing 227 ENDORSED ORDER re #225 Joint Motion for Permanent Injunction as to Defendant Martin Miles Werner. The parties are DIRECTED to file Exhibit 2 to allow the Court to complete its review of the proposed permanent injunction. Signed by Judge Paul G. Byron on 1/31/2022. (AH)
January 31, 2022 Opinion or Order Filing 226 ORDER granting in part and denying in part #202 Non-Party MTE Strategy, LLC's Motion for Protective Order. See Order for details and deadlines. Signed by Magistrate Judge Leslie Hoffman Price on 1/31/2022. (TYI)
January 28, 2022 Filing 225 Joint MOTION for Permanent Injunction by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order as to Defendant Martin Miles Werner)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
January 28, 2022 Filing 224 Joint MOTION for Permanent Injunction by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order as to Defendant Richard Alan Russell)(Epstein, Richard) Motions referred to Magistrate Judge Leslie Hoffman Price.
January 28, 2022 Filing 223 NOTICE OF RESCHEDULING HEARINGS re: #207 Order: The Final Pretrial Conference previously scheduled for 4/20/2022 is rescheduled. New scheduling date and time: Final Pretrial Conference set for 10/18/2022 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. The Jury Trial previously scheduled for the May trial term commencing on 5/2/2022 is rescheduled. New scheduling date and time: Jury Trial set for the November trial term commencing on 11/1/2022 at 9:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. (GNB) ctp
January 25, 2022 Opinion or Order Filing 222 ORDER adopting #208 Report and Recommendations. Defendants Taylor Frances Zirkle and Patriot Advocates, Inc., are DISMISSED WITHOUT PREJUDICE for failure to serve these Defendants in accordance with Federal Rule of Civil Procedure 4(m). The Clerk is DIRECTED to terminate Defendants Taylor Francis Zirkle and Patriot Advocates, Inc., from the file. Signed by Judge Paul G. Byron on 1/25/2022. (AH)
January 14, 2022 Opinion or Order Filing 220 ENDORSED ORDER discharging #209 Second Order to Show Cause. Signed by Magistrate Judge Leslie R. Hoffman on 1/14/2022. (MKH)
January 14, 2022 Opinion or Order Filing 219 ORDER re #217 Stipulation of Dismissal. Plaintiffs' claims against Defendants Harold O. Miller and Harold O. Miller Attorney, LLC, are DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to terminate Harold O. Miller and Harold O. Miller Attorney, LLC, from the file. Signed by Judge Paul G. Byron on 1/14/2022. (AH)
January 13, 2022 Filing 218 RESPONSE TO ORDER TO SHOW CAUSE re #209 Order to show cause filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
January 13, 2022 Filing 217 STIPULATION of Dismissal with Prejudice by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
January 13, 2022 Opinion or Order Filing 216 ORDER granting #215 Motion for Corrected Permanent Injunction. Permanent Injunction was corrected. See Order. Signed by Judge Paul G. Byron on 1/13/2022. (AH)
January 11, 2022 Filing 215 Joint MOTION for Entry of Corrected Final Permanent Injunction Against Harold O. Miller and Harold O. Miller Attorney, LLC by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit Exhibit A)(Epstein, Richard) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 1/12/2022 (matched text to pleading) (KNC).
January 11, 2022 Filing 214 REPORT AND RECOMMENDATIONS re #156 MOTION to Strike; #178 MOTION to Strike. For the reasons discussed herein, it is respectfully RECOMMENDED that the Court: 1. GRANT in part and DENY in part Plaintiffs' Motion to Strike Defendants Shayna G. Schroeder and Systema Marketing, Inc.'s Affirmative Defenses (Doc. #156) as follows: a. STRIKE the seventh, sixteenth, and twenty-fourth affirmative defenses from Defendants Systema Marketing, Inc. and Shayna G. Schroeder's Answer and Affirmative Defenses to Plaintiffs' Second Amended Complaint (Doc. #142). b. DENY the motion (Doc. #156) in all other respects. 2. DENY Plaintiffs' Motion to Strike Affirmative Defenses of Defendants Michael A. Molfetta and Molfetta Law, LLC (Doc. #178) in all respects. Signed by Magistrate Judge Leslie R. Hoffman on 1/11/2022. (MKH)
January 11, 2022 Filing 213 REPORT AND RECOMMENDATIONS re #98 MOTION to Dismiss Second Amended Complaint MOTION for More Definite Statement filed by Martin Miles Werner. The undersigned RESPECTFULLY RECOMMENDS that the Motion be DENIED. Signed by Magistrate Judge Leslie R. Hoffman on 1/11/2022. (TYI)
January 5, 2022 Opinion or Order Filing 212 ORDER granting #211 Motion for Permanent Injunction. See Order for details. Signed by Judge Paul G. Byron on 1/5/2022. (AH)
January 4, 2022 Filing 211 Joint MOTION for Permanent Injunction Against Harold O. Miller and Harold O. Miller Attorney, LLC by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit Exhibit A)(Epstein, Richard) Motions referred to Magistrate Judge Leslie R. Hoffman.
January 3, 2022 Set/reset scheduling order deadlines: Discovery due by 5/2/2022 Dispositive motions due by 6/1/2022 Pretrial statement due by 9/19/2022 All other motions due by 9/26/2022 Conduct mediation hearing by 5/16/2022. Lead counsel to coordinate dates. Defendant disclosure of expert report due by 4/4/2022 Plaintiff disclosure of expert report due by 3/1/2022 (RDO)
December 30, 2021 Opinion or Order Filing 210 ORDER AND DIRECTION TO THE CLERK re #112 MOTION to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by Brian Stephen Wilbur, Timeshare Termination Team, LLC, Holly Wilbur. The Clerk of Court is DIRECTED to TERMINATE Defendants' Motion to Dismiss (Doc. 112). If the automatic stay is lifted or terminated, the non-defaulted Defendants may seek leave, via the filing of a motion that complies with all applicable rules, to either reinstate or refile their motion to dismiss. Signed by Magistrate Judge Leslie R. Hoffman on 12/30/2021. (TYI)
December 30, 2021 Opinion or Order Filing 209 Second ORDER to show cause as to Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. The first Order to Show Cause (Doc. 187) is hereby DISCHARGED. On or before January 13, 2022, Plaintiffs shall show cause in writing why all claims against Defendants Harold O. Miller and Harold O. Miller Attorney, LLC should not be dismissed for failure to promptly move for Clerk's default. Failure to timely respond to this Order may result in a recommendation that all claims against these two Defendants be dismissed without further notice. Upon the filing of Plaintiffs' response, Defendants Harold O. Miller and Harold O. Miller Attorney, LLC may file a reply on or before January 20, 2022. By this same deadline, these Defendants may also file a properly supported motion, that complies with all applicable Federal Rules of Civil Procedure and Local Rules, for an extension of time to file their answer to the Second Amended Complaint. Signed by Magistrate Judge Leslie R. Hoffman on 12/30/2021. (TYI)
December 30, 2021 Opinion or Order Filing 208 REPORT AND RECOMMENDATIONS re #196 Response to order to show cause filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. I RESPECTFULLY RECOMMEND that the Court DISMISS this action against Defendants Taylor Frances Zirkle and Patriot Advocates, Inc. without prejudice for failure to serve these Defendants in accordance with Rule 4(m). Signed by Magistrate Judge Leslie R. Hoffman on 12/30/2021. (TYI)
December 30, 2021 Opinion or Order Filing 207 ORDER granting #204 Motion for Extension of Time for Deadlines in the Case Management and Scheduling Order. The deadlines set forth in the CMSO (Doc. 29) are extended as outlined in this Order. All other aspects of the CMSO remain in full force and effect. Given the length of the extensions now granted, the Court will not consider additional requests to extend these deadlines absent a showing of exigent circumstances. Signed by Magistrate Judge Leslie R. Hoffman on 12/30/2021. (TYI)
December 2, 2021 Filing 206 RESPONSE in Opposition re #204 MOTION for Extension of Time to Complete Discovery and Extend Deadlines in the Case Management Order filed by Martin Lewis Cordell. (Cordell, Martin)
December 1, 2021 Filing 205 SUPPLEMENT re #204 MOTION for Extension of Time to Complete Discovery and Extend Deadlines in the Case Management Order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
November 30, 2021 Filing 204 MOTION for Extension of Time to Complete Discovery and Extend Deadlines in the Case Management Order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) Motions referred to Magistrate Judge Leslie R. Hoffman.
November 22, 2021 Filing 203 RESPONSE in Opposition re #202 MOTION for Protective Order filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Declaration of Julia Stepanova, #2 Exhibit 1 to Declaration of Julia Stepanova, #3 Exhibit 2 to Declaration of Julia Stepanova, #4 Exhibit 3 to Declaration of Julia Stepanova, #5 Exhibit 4 to Declaration of Julia Stepanova, #6 Exhibit 5 to Declaration of Julia Stepanova)(Stepanova, Julia) Text modified on 11/23/2021 (RDO).
November 17, 2021 Filing 202 MOTION for Protective Order by MTE Strategy, LLC d/b/a Forza Consumer Group. (Tamayo, Jerry) Motions referred to Magistrate Judge Leslie R. Hoffman.
November 17, 2021 Filing 201 NOTICE of compliance re #200 Order on Motion to Withdraw as Attorney by Shayna G. Schroeder, Systema Marketing, Inc. (Attachments: #1 Exhibit A)(Zetrouer, Shannon) Modified on 11/18/2021 (RDO).
November 16, 2021 Opinion or Order Filing 200 ORDER re #199 Order on Motion to Withdraw as Attorney. On or before November 19, 2021, Attorney Zetrouer shall file the notice of compliance with the Court along with the copy of the certified mail receipt(s). Failure to comply with this Order may result in the imposition of sanctions. Signed by Magistrate Judge Leslie R. Hoffman on 11/16/2021. (TYI)
November 1, 2021 Opinion or Order Filing 199 ORDER granting #198 Motion to Withdraw as Attorney. Attorney Shannon L. Zetrouer terminated as counsel for Defendants Systema Marketing, Inc., and Shayna G. Schroeder. See Order for details and deadlines. Signed by Magistrate Judge Leslie R. Hoffman on 11/1/2021. (TYI)
October 29, 2021 Filing 198 Unopposed MOTION for Shannon L. Zetrouer to Withdraw as Attorney by Shayna G. Schroeder, Systema Marketing, Inc.. (Zetrouer, Shannon) Motions referred to Magistrate Judge Leslie R. Hoffman.
October 7, 2021 Opinion or Order Filing 197 ORDER to strike re: #192 Answer to amended complaint filed by Harold O Miller Attorney, LLC, Harold O Miller. Signed by Magistrate Judge Leslie R. Hoffman on 10/7/2021. (TYI)
October 6, 2021 Filing 196 RESPONSE TO ORDER TO SHOW CAUSE re #188 Order to show cause filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
October 6, 2021 Filing 195 RESPONSE TO ORDER TO SHOW CAUSE re #187 Order to show cause filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
October 6, 2021 Opinion or Order Filing 194 ORDER re #193 Notice of Filing of Advisement of Bankruptcy. This action is STAYED as to Defendants Timeshare Termination Team, LLC, Brian Stephen Wilbur, and Holly Wilbur. Parties shall notify the Court upon the occurrence of any event which results in the lifting or termination of the automatic stay. Signed by Judge Paul G. Byron on 10/6/2021. (AH)
October 5, 2021 Filing 193 NOTICE by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC of Filing of Advisement of Bankruptcy (Stepanova, Julia)
September 28, 2021 Filing 192 ANSWER and affirmative defenses with Jury Demand to #83 Amended Complaint by Harold O Miller Attorney, LLC, Harold O Miller.(Hoepker, Todd)
September 23, 2021 Opinion or Order Filing 191 ORDER granting #183 Unopposed Motion for Extension of Time for Deadlines in the Scheduling Order. The deadlines set forth in the CMSO (Doc. 29) are extended as outlined in this Order. All other aspects of the CMSO remain in full force and effect. Signed by Magistrate Judge Leslie R. Hoffman on 9/23/2021. (MKH)
September 23, 2021 Filing 190 Clerk's ENTRY OF DEFAULT as to Timeshare Termination Team, LLC (RDO)
September 22, 2021 Opinion or Order Filing 189 ORDER granting #184 Motion for Clerk's Default. The Clerk of Court is DIRECTED to enter Clerk's Default against Defendant Timeshare Termination Team, LLC. Signed by Magistrate Judge Leslie R. Hoffman on 9/22/2021. (MKH)
September 22, 2021 Opinion or Order Filing 188 ORDER to show cause. On or before October 6, 2021, Plaintiffs shall file proof of service that Defendants Patriot Advocates, Inc. and Tayler Frances Zirkle were served with a copy of the summons and complaint, or show cause by that date why this case should not be dismissed against these Defendants for failure to timely serve them as provided in Rule 4(m). Signed by Magistrate Judge Leslie R. Hoffman on 9/22/2021. (MKH)
September 22, 2021 Opinion or Order Filing 187 ORDER to show cause. On or before October 6, 2021, Plaintiffs shall show cause in writing why all claims against Defendants Harold O. Miller and Harold O. Miller Attorney, LLC should not be dismissed for failure to promptly move for Clerk's default. Failure to timely respond to this Order may result in a recommendation that all claims against these two Defendants be dismissed without further notice.Upon the filing of Plaintiffs' response, Defendants Harold O. Miller and Harold O. Miller Attorney, LLC may file a reply on or before October 15, 2021. Signed by Magistrate Judge Leslie R. Hoffman on 9/22/2021. (MKH)
September 1, 2021 Filing 186 AMENDED CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) Modified on 9/2/2021 (RDO).
September 1, 2021 Filing 185 DECLARATION of Julia Stepanova re #184 MOTION for Clerk's Default against Timeshare Termination Team, LLC by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit Exhibit 1 to Declaration of Julia Stepanova)(Epstein, Richard)
September 1, 2021 Filing 184 MOTION for Clerk's Default against Timeshare Termination Team, LLC by All Plaintiffs. (Epstein, Richard) Motions referred to Magistrate Judge Leslie R. Hoffman.
August 31, 2021 Filing 183 Unopposed MOTION for Extension of Time to Complete Discovery Deadlines in the Scheduling Order by All Plaintiffs. (Epstein, Richard) Motions referred to Magistrate Judge Leslie R. Hoffman.
August 5, 2021 Filing 182 RESPONSE in Opposition re #178 MOTION to Strike #173 Answer/Affirmative Defenses filed by Michael A. Molfetta, Molfetta Law, LLC. (Tamayo, Jerry)
August 4, 2021 Filing 181 CERTIFICATE of interested persons and corporate disclosure statement re #164 Interested persons order by Frank D. Silva. (RDO)
July 26, 2021 Opinion or Order Filing 180 ORDER DIRECTING COMPLIANCE as to Frank D. Silva. Defendant Silva has failed to comply with the Court's Order #164 directing him to file a Certificate of Interested Persons. Frank D. Silva shall file his response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in appropriate sanctions. Signed by Judge Paul G. Byron on 7/26/2021. (GNB) ctp
July 26, 2021 Opinion or Order Filing 179 ORDER denying without prejudice #160 Plaintiffs' Motion for Final Default Judgment Against Defendants Jordan Salkin and Freedom Consumer Services, LLC. Signed by Magistrate Judge Leslie R. Hoffman on 7/26/2021. (MKH)
July 22, 2021 Filing 178 MOTION to Strike #173 Answer/Affirmative Defenses by All Plaintiffs. (Stepanova, Julia) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified on 7/23/2021 (RDO).
July 12, 2021 Filing 177 CERTIFICATE of interested persons and corporate disclosure statement re #164 Interested persons order by Richard Alan Russell. (Russell, Richard)
July 7, 2021 Filing 176 NOTICE of compliance re #174 Order on Motion to Withdraw as Attorney by Hogan Lovells US LLP (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cheskin, Mark)
July 2, 2021 Filing 175 CERTIFICATE of interested persons and corporate disclosure statement re #164 Interested persons order by Martin Miles Werner. (RDO) Filing date modified on 7/6/2021 (RDO).
July 2, 2021 Opinion or Order Filing 174 ORDER granting #170 Motion to Withdraw as Counsel. Attorney Mark Richard Cheskin and Clayton James Schmitt terminated. See Order for additional details. Signed by Magistrate Judge Leslie R. Hoffman on 7/2/2021. (TYI)
July 2, 2021 Filing 173 ANSWER and affirmative defenses with Jury Demand to #83 Amended Complaint by Michael A. Molfetta, Molfetta Law, LLC.(Tamayo, Jerry)
July 2, 2021 Filing 172 CERTIFICATE of interested persons and corporate disclosure statement re #164 Interested persons order by John E Mortimer. (Pearce, Reba)
July 2, 2021 Filing 171 CERTIFICATE of interested persons and corporate disclosure statement re #164 Interested persons order by Middle Earth, Ltd.. (Pearce, Reba)
June 30, 2021 Filing 170 Unopposed MOTION for Mark R. Cheskin, Clayton J. Schmitt, and Hogan Lovells US LLP to Withdraw as Attorney by Timeshare Termination Team, LLC, Brian Stephen Wilbur, Holly Wilbur. (Cheskin, Mark) Motions referred to Magistrate Judge Leslie R. Hoffman.
June 28, 2021 Filing 169 CERTIFICATE of interested persons and corporate disclosure statement re #164 Interested persons order by Martin Lewis Cordell. (Cordell, Martin)
June 25, 2021 Filing 167 AMENDED ANSWER and affirmative defenses to #83 Second Amended Complaint with Jury Demand by William S. Saliba.(Saliba, William) Modified on 6/28/2021 (RDO).
June 25, 2021 Filing 166 CERTIFICATE of interested persons and corporate disclosure statement re #164 Interested persons order by William S. Saliba. (Saliba, William)
June 24, 2021 Filing 168 AMENDED ANSWER and affirmative defenses to #64 Second Amended Complaint by Frank D. Silva.(RDO)
June 22, 2021 Opinion or Order Filing 165 ORDER granting #161 Motion to Withdraw as Attorney. Attorney Mishaal Kirit Patel terminated as counsel for Defendants Jordan Salkin and Freedom Consumer Services, LLC. See Order for additional deadlines and details. Signed by Magistrate Judge Leslie R. Hoffman on 6/22/2021. (TYI)
June 21, 2021 Opinion or Order Filing 164 INTERESTED PERSONS ORDER. Defendants John E Mortimer, Middle Earth, Ltd., William S. Saliba, Frank D. Silva, Martin Lewis Cordell, Richard Alan Russell, and Martin Miles Werner shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 6/21/2021. (GNB) copies mailed/e-mailed
June 21, 2021 Opinion or Order Filing 163 ORDER REFERRING CASE to Magistrate Judge for Report and Recommendations. Signed by Judge Paul G. Byron on 6/21/2021. (GNB) copies mailed/e-mailed
June 18, 2021 Filing 162 RESPONSE in Opposition re #156 MOTION to Strike #142 Answer to amended complaint filed by Shayna G. Schroeder, Systema Marketing, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Zetrouer, Shannon) Text modified on 6/21/2021 (RDO).
June 16, 2021 Filing 161 MOTION for Mishaal Patel to Withdraw as Attorney by Freedom Consumer Services, LLC, Jordan Salkin. (Patel, Mishaal) Motions referred to Magistrate Judge Leslie R. Hoffman. Text modified on 6/16/2021 (RDO).
June 11, 2021 Filing 160 MOTION for Default Judgment against Freedom Consumer Services, LLC, Jordan Salkin and Incorporated Memorandum of Law by All Plaintiffs. (Epstein, Richard) Motions referred to Magistrate Judge Leslie R. Hoffman.
June 10, 2021 Filing 159 ANSWER with Jury Demand to #83 Amended Complaint by Martin Lewis Cordell.(Cordell, Martin)
June 9, 2021 Filing 158 ANSWER and affirmative defenses with Jury Demand to #83 Amended Complaint by William S. Saliba.(Saliba, William)
June 8, 2021 Opinion or Order Filing 157 ORDER denying #140 Motion to Dismiss for Failure to State a Claim. Signed by Judge Paul G. Byron on 6/8/2021. (JRR)
June 4, 2021 Filing 156 MOTION to Strike #142 Answer to amended complaint by Diamond Resorts Hawaii Collection Development, LLC. (Epstein, Richard)
June 3, 2021 Filing 155 ANSWER and affirmative defenses to #64 Second Amended Complaint filed by SMFD, Ltd..(Waugh, Christian) Modified on 6/3/2021 (RDO).
June 3, 2021 Opinion or Order Filing 154 ORDER denying #146 Defendant Martin Werner's Motion for Stay of Discovery or in the Alternative Motion for Protective Order Pending Resolution of Werner's Motion to Dismiss. Signed by Magistrate Judge Leslie R. Hoffman on 6/3/2021. (MKH)
June 2, 2021 Filing 153 RESPONSE in Opposition re #146 MOTION to Stay Discovery MOTION for Protective Order filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit)(Epstein, Richard)
June 2, 2021 Filing 152 AMENDED ANSWER to and affirmative defenses to #83 Second Amended Complaint by Middle Earth, Ltd., John E Mortimer. (Waugh, Christian) Modified on 6/3/2021 (RDO).
May 26, 2021 Filing 151 RETURN of service executed on 5/21/2021 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC as to Martin Lewis Cordell. (Epstein, Richard)
May 25, 2021 Filing 150 DECLARATION of Richard Epstein re Compliance with Service of Process by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Epstein, Richard) Text modified on 5/26/2021 (RDO).
May 25, 2021 Filing 149 (WRONG EVENT CODE. REFILED AT #151) PROOF of service by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Epstein, Richard) Modified on 5/26/2021 (RDO).
May 24, 2021 Opinion or Order Filing 148 ENDORSED ORDER granting #145 Motion to Withdraw Certain Affirmative Defenses. Defendant Silva is DIRECTED to file an Amended Answer that reflects the withdrawal. Signed by Judge Paul G. Byron on 5/24/2021. (JRR)
May 24, 2021 Filing 147 RESPONSE in Opposition re #140 MOTION to Dismiss for Failure to State a Claim #83 Second Amended Complaint filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
May 19, 2021 Filing 146 MOTION to Stay Discovery, or in the alternative, MOTION for Protective Order by Martin Miles Werner. (RDO) Motion referred to Magistrate Judge Leslie R. Hoffman.
May 19, 2021 Filing 145 Joint MOTION for Miscellaneous Relief, specifically regarding the withdrawal of Affirmative Defenses by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
May 18, 2021 Opinion or Order Filing 144 ENDORSED ORDER granting #143 Motion to Withdraw Affirmative Defenses. Defendants are DIRECTED to file Amended Answers that reflect the withdrawal. Signed by Judge Paul G. Byron on 5/18/2021. (JRR)
May 17, 2021 Filing 143 Joint MOTION for Miscellaneous Relief, specifically regarding the withdrawal of Affirmative Defenses by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
May 14, 2021 Filing 142 ANSWER and affirmative defenses with Jury Demand to #83 Amended Complaint by Shayna G. Schroeder, Systema Marketing, Inc..(Zetrouer, Shannon)
May 12, 2021 Filing 141 ANSWER and affirmative defenses with Jury Demand to #83 Amended Complaint by Frank D. Silva.(RDO)
May 10, 2021 Filing 140 MOTION to Dismiss for Failure to State a Claim #83 Second Amended Complaint by Michael A. Molfetta, Molfetta Law, LLC. (Tamayo, Jerry) Modified on 5/11/2021 (RDO).
May 7, 2021 Filing 139 Clerk's ENTRY OF DEFAULT as to Jordan Salkin (RDO)
May 7, 2021 Filing 138 Clerk's ENTRY OF DEFAULT as to Freedom Consumer Services, LLC (RDO)
May 6, 2021 Opinion or Order Filing 137 ORDER granting #118 Motion for Clerk's Default; granting #119 Motion for Clerk's Default. The Clerk of Court is DIRECTED to enter Clerk's default against Defendants Jordan Salkin and Freedom Consumer Services, LLC. Signed by Magistrate Judge Leslie R. Hoffman on 5/6/2021. (MKH)
May 3, 2021 Opinion or Order Filing 136 ENDORSED ORDER granting #134 Motion for Extension of Time. Response due on or by May 14, 2021. Signed by Judge Paul G. Byron on 5/3/2021. (JRR)
April 30, 2021 Filing 135 REPLY to #114 Response to order to show cause filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia) Modified on 5/3/2021 (RDO).
April 30, 2021 Filing 134 Unopposed MOTION for Extension of Time to File Response/Reply as to #83 Amended Complaint,,, by Shayna G. Schroeder, Systema Marketing, Inc.. (Zetrouer, Shannon)
April 28, 2021 Filing 133 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by SMFD, Ltd.. (Waugh, Christian)
April 28, 2021 Filing 132 ANSWER and affirmative defenses with Jury Demand to #83 Amended Complaint,,, by SMFD, Ltd..(Waugh, Christian)
April 28, 2021 Filing 131 NOTICE of Appearance by Christian W. Waugh on behalf of SMFD, Ltd. (Waugh, Christian)
April 28, 2021 Opinion or Order Filing 130 ENDORSED ORDER granting [126 Motion for Extension of Time. Response due on or by May 10, 2021. Signed by Judge Paul G. Byron on 4/28/2021. (JRR)
April 28, 2021 Opinion or Order Filing 129 ENDORSED ORDER re #127 Response to order to show cause. Defendants Silva and SMFD, Ltd. have fourteen (14) days to appear in the case or the Court will enter default against them without further notice. Signed by Judge Paul G. Byron on 4/28/2021. (GNB) copies e-mailed
April 27, 2021 Filing 128 ANSWER and affirmative defenses with Jury Demand to #83 Amended Complaint,,, by Middle Earth, Ltd., John E Mortimer.(Waugh, Christian)
April 27, 2021 Filing 127 RESPONSE TO ORDER TO SHOW CAUSE re #124 Order to show cause,, filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
April 27, 2021 Filing 126 MOTION for Extension of Time to File Response/Reply as to #83 Amended Complaint,,, by Michael A. Molfetta, Molfetta Law, LLC. (Tamayo, Jerry)
April 27, 2021 Filing 125 NOTICE of Appearance by Jerry Tamayo on behalf of Michael A. Molfetta, Molfetta Law, LLC (Tamayo, Jerry)
April 27, 2021 Opinion or Order Filing 124 ORDER TO SHOW CAUSE as to Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Plaintiffs shall SHOW CAUSE within seven (7) days from the date of this Order why the complaint against Defendants Silva and SMFD, Ltd. should not be dismissed for failure to prosecute pursuant to Local Rule 3.10, M.D. Fla. Failure to respond to this order may result in dismissal of said defendants without prejudice. Signed by Judge Paul G. Byron on 4/27/2021. (GNB) copies e-mailed
April 23, 2021 Filing 123 NOTICE of Appearance by Shannon L. Zetrouer on behalf of Shayna G. Schroeder, Systema Marketing, Inc. (Zetrouer, Shannon)
April 23, 2021 Filing 122 NOTICE of Appearance by H. Michael Solloa, Jr on behalf of Michael A. Molfetta, Molfetta Law, LLC (Solloa, H.)
April 23, 2021 Filing 121 RESPONSE in Opposition re #112 MOTION to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
April 22, 2021 Filing 120 ANSWER to #83 Amended Complaint,,, by Richard Alan Russell.(Russell, Richard)
April 21, 2021 Filing 119 MOTION for Clerk's Default against Freedom Consumer Services, LLC by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Affidavit Declaration of Julia Stepanova in Support of Motion for Entry of Default against Defendant Freedom Consumer Services, LLC d/b/a Timeshare Freedom Group and Timeshare Freedom)(Epstein, Richard) Motions referred to Magistrate Judge Leslie R. Hoffman.
April 21, 2021 Filing 118 MOTION for Clerk's Default against Jordan Salkin by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Affidavit Declaration of Julia Stepanova in Support of Motion for Entry of Default against Defendant Jordan Salkin)(Epstein, Richard) Motions referred to Magistrate Judge Leslie R. Hoffman.
April 19, 2021 Filing 117 REPLY to Response to #112 MOTION to Dismiss for Failure to State a Claim, MOTION for More Definite Statement filed by Martin Miles Werner. (RDO)
April 16, 2021 Opinion or Order Filing 116 ORDER AND DIRECTION TO CLERK OF COURT granting #115 Motion for Leave to File Reply. Mr. Werner may file a reply brief, not to exceed seven (7) pages, on or before April 23, 2021. Signed by Magistrate Judge Leslie R. Hoffman on 4/16/2021. (MKH)
April 16, 2021 Filing 114 RESPONSE TO ORDER TO SHOW CAUSE re #110 Order on Motion for Reconsideration / Clarification, #80 Order pdf filed by William S. Saliba. (Saliba, William)
April 15, 2021 Filing 115 MOTION for Leave to File a Reply in support of Motion to Dismiss by Martin Miles Werner. (RDO) Motion referred to Magistrate Judge Leslie R. Hoffman.
April 12, 2021 Filing 113 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Timeshare Termination Team, LLC, Brian Stephen Wilbur, Holly Wilbur. (Cheskin, Mark)
April 9, 2021 Filing 112 MOTION to Dismiss for Failure to State a Claim , MOTION for More Definite Statement by Timeshare Termination Team, LLC, Brian Stephen Wilbur, Holly Wilbur. (Cheskin, Mark) Motions referred to Magistrate Judge Leslie R. Hoffman.
April 9, 2021 Opinion or Order Filing 111 ENDORSED ORDER granting #104 Motion for Extension of Time to File Response (Answer due April 12, 2021); granting #105 Motion for Extension of Time to File Response (Response already filed). The parties are admonished that existing deadlines remain in place unless and until the Court grants an extension. Signed by Judge Paul G. Byron on 4/9/2021. (JRR)
April 9, 2021 Opinion or Order Filing 110 ORDER granting #108 Motion for Reconsideration. The stay of this action as to Defendant William S. Saliba is LIFTED. On or by April 23, 2021, Defendant William S. Saliba is DIRECTED to show cause whether he has violated Rule 11(b)(2), and what sanctions, if any, should be imposed. On or by April 30, 2021, Plaintiffs may file a consolidated response. Signed by Judge Paul G. Byron on 4/9/2021. (JRR)
April 7, 2021 Filing 109 RESPONSE in Opposition re #98 MOTION to Dismiss Second Amended Complaint MOTION for More Definite Statement filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
April 7, 2021 Filing 108 MOTION for Reconsideration re #80 Order pdf Staying Case Against Defendant William Saliba by All Plaintiffs. (Attachments: #1 Exhibit)(Epstein, Richard)
April 1, 2021 Filing 107 NOTICE of Appearance by Clayton James Schmitt on behalf of Timeshare Termination Team, LLC, Brian Stephen Wilbur, Holly Wilbur (Schmitt, Clayton)
March 31, 2021 Filing 106 RETURN of service executed on 03/24/2021 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC as to Richard Alan Russell. (Stepanova, Julia)
March 29, 2021 Filing 105 Joint MOTION for Extension of Time to File Response as to #98 MOTION to Dismiss Second Amended Complaint MOTION for More Definite Statement by All Plaintiffs. (Epstein, Richard) Modified text on 3/30/2021 (TNP).
March 29, 2021 Filing 104 Unopposed MOTION for Extension of Time to Respond to Second Amended Complaint re #83 Amended Complaint by Timeshare Termination Team, LLC, Brian Stephen Wilbur, Holly Wilbur. (Cheskin, Mark) Modified text on 3/30/2021 (TNP).
March 25, 2021 Filing 103 NOTICE of compliance re #102 Order on Motion to Withdraw as Attorney by Kenneth L. Minerley and by Freedom Consumer Services, LLC, Michael A. Molfetta, Molfetta Law, LLC, Jordan Salkin, Shayna G. Schroeder, Systema Marketing, Inc. (Minerley, Kenneth)
March 24, 2021 Opinion or Order Filing 102 ORDER granting #88 Motion to Withdraw as Counsel. See Order for details and deadlines. Signed by Magistrate Judge Leslie R. Hoffman on 3/24/2021. (MDH)
March 23, 2021 Filing 101 RETURN of service executed on 03/13/2021 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC as to Martin Miles Werner. (Stepanova, Julia)
March 23, 2021 Filing 100 RETURN of service executed on 03/09/2021 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC as to Holly Wilbur. (Stepanova, Julia)
March 23, 2021 Filing 99 RETURN of service executed on 03/09/21 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC as to Brian Stephen Wilbur. (Stepanova, Julia)
March 17, 2021 Filing 98 MOTION to Dismiss Second Amended Complaint or in the alternative, MOTION for More Definite Statement by Martin Miles Werner. (RDO) Motion referred to Magistrate Judge Leslie R. Hoffman.
March 8, 2021 Filing 97 SUMMONS issued as to Martin Lewis Cordell, Patriot Advocates, Inc., Richard Alan Russell, Timeshare Termination Team, LLC, Martin Miles Werner, Brian Stephen Wilbur, Holly Wilbur, Tayler Francis Zirkle. (RDO)
March 5, 2021 Filing 96 PROPOSED summons to be issued by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
March 5, 2021 Filing 95 PROPOSED summons to be issued by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
March 5, 2021 Filing 94 PROPOSED summons to be issued by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
March 5, 2021 Filing 93 PROPOSED summons to be issued by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
March 5, 2021 Filing 92 PROPOSED summons to be issued by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
March 5, 2021 Filing 91 PROPOSED summons to be issued by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
March 5, 2021 Filing 90 PROPOSED summons to be issued by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
March 5, 2021 Filing 89 PROPOSED summons to be issued by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
March 2, 2021 Filing 88 Unopposed MOTION for Kenneth L. Minerley and Omar M. Saleh to Withdraw as Attorney by Freedom Consumer Services, LLC, Michael A. Molfetta, Molfetta Law, LLC, Jordan Salkin, Shayna G. Schroeder, Systema Marketing, Inc.. (Minerley, Kenneth) Motions referred to Magistrate Judge Leslie R. Hoffman.
March 2, 2021 Opinion or Order Filing 87 ORDER denying without prejudice #85 Second Motion for Extension of Time to Serve Defendant William S. Saliba. Signed by Magistrate Judge Leslie R. Hoffman on 3/2/2021. (MDH)
March 1, 2021 Opinion or Order Filing 86 ENDORSED ORDER denying as moot #38 Motion to Strike ; denying as moot #57 Motion to Strike ; denying as moot #77 Motion to File Reply. Signed by Judge Paul G. Byron on 3/1/2021. (JRR)
February 26, 2021 Filing 85 MOTION for Extension of Time to File Service on Defendant William Saliba by All Plaintiffs. (Epstein, Richard)
February 26, 2021 Opinion or Order Filing 84 ENDORSED ORDER denying as moot #81 Motion for Extension of Time to File Response. Signed by Judge Paul G. Byron on 2/26/2021. (JRR)
February 26, 2021 Filing 83 SECOND AMENDED COMPLAINT against Freedom Consumer Services, LLC, Harold O Miller Attorney, LLC, Middle Earth, Ltd., Harold O Miller, Michael A. Molfetta, Molfetta Law, LLC, John E Mortimer, SMFD, Ltd., William S. Saliba, Jordan Salkin, Shayna G. Schroeder, Frank D. Silva, Systema Marketing, Inc. with Jury Demand. filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Composite Exhibit L, #13 Composite Exhibit M, #14 Composite Exhibit N, #15 Composite Exhibit O)(Epstein, Richard) Modified on 3/1/2021 (RDO).
February 25, 2021 Opinion or Order Filing 82 ORDER granting #78 Motion for Leave to Second Amended Complaint. On or before February 26, 2021, the Plaintiffs shall separately file the proposed second amended complaint (Doc. 78-2) and the exhibits thereto on the docket. Signed by Magistrate Judge Leslie R. Hoffman on 2/25/2021. (MDH)
February 25, 2021 Filing 81 Joint MOTION for Extension of Time to File Response/Reply as to #64 Amended Complaint by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
February 24, 2021 Opinion or Order Filing 80 ORDER re #79. It is ORDERED that this action is STAYED as it relates to Defendant William S. Saliba. Signed by Judge Paul G. Byron on 2/24/2021. (JRR)
February 23, 2021 Filing 79 SUGGESTION of Chapter 7 Bankruptcy by William S. Saliba. (Attachments: #1 Exhibit BK Voluntary Petition, #2 Exhibit Amended Schedule F Creditors/Diamond)(Saliba, William)
February 18, 2021 Filing 78 UNOPPOSED MOTION for Leave to File Second Amended Complaint by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Epstein, Richard) Modified on 2/19/2021 (RDO).
February 18, 2021 Filing 77 UNOPPOSED MOTION for Miscellaneous Relief, specifically for Leave to Reply in further support of #57 Motion to Strike by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard) Modified on 2/19/2021 (RDO).
February 18, 2021 Filing 76 NOTICE of Appearance Appearance by Christian W. Waugh on behalf of Middle Earth, Ltd. (Waugh, Christian)
February 17, 2021 Filing 75 RESPONSE TO ORDER TO SHOW CAUSE re #59 Order to show cause filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
February 17, 2021 Filing 74 SUBSTITUTE SUMMONS reissued as to William S. Saliba. (RDO)
February 17, 2021 Filing 73 PROPOSED summons to be issued by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
February 17, 2021 Filing 72 RETURN of service executed on 11/16/2020 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC as to Middle Earth, Ltd.. (Stepanova, Julia)
February 17, 2021 Filing 71 RETURN of service executed on 09/22/2020 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC as to SMFD, Ltd.. (Stepanova, Julia)
February 17, 2021 Filing 70 RETURN of service executed on 10/02/2020 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC as to Frank D. Silva. (Stepanova, Julia)
February 15, 2021 Filing 69 ANSWER and affirmative defenses with Jury Demand to #64 Amended Complaint by Freedom Consumer Services, LLC, Jordan Salkin.(Patel, Mishaal) Modified on 2/16/2021 (RDO).
February 12, 2021 Filing 68 RESPONSE in Opposition re #57 MOTION to Strike #56 Answer/Certain Affirmative Defenses to Complaint filed by Freedom Consumer Services, LLC, Michael A. Molfetta, Molfetta Law, LLC, Jordan Salkin, Shayna G. Schroeder, Systema Marketing, Inc.. (Minerley, Kenneth)
February 11, 2021 Filing 67 PROOF of service by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Stepanova, Julia)
February 11, 2021 Filing 66 PROOF of service by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Stepanova, Julia)
February 11, 2021 Filing 65 PROOF of service by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Stepanova, Julia)
February 11, 2021 Filing 64 AMENDED COMPLAINT for Injunctive Relief and Damages against Freedom Consumer Services, LLC, Harold O Miller Attorney, LLC, Middle Earth, Ltd., Harold O Miller, Michael A. Molfetta, Molfetta Law, LLC, John E Mortimer, SMFD, Ltd., William S. Saliba, Jordan Salkin, Shayna G. Schroeder, Frank D. Silva, Systema Marketing, Inc. with Jury Demand. filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Stepanova, Julia)
February 11, 2021 Opinion or Order Filing 63 ORDER granting #62 Motion for Leave to File Amended Complaint and for Extension of Time. On or before February 12, 2021, the Plaintiffs shall file an amended complaint solely to include allegations concerning Mr. Saliba's evasion of service. Thereafter Plaintiffs shall have until February 26, 2021 to effect substitute service on Mr. Saliba pursuant to Florida Statutes 48.161 and 48.181. See Order for additional details. Signed by Magistrate Judge Leslie R. Hoffman on 2/11/2021. (MDH)
February 9, 2021 Filing 62 MOTION to Amend #1 Complaint and MOTION to Extend Time to Serve Defendant William S. Saliba by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Epstein, Richard) Modified on 2/10/2021 (RDO).
February 8, 2021 Opinion or Order Filing 61 ENDORSED ORDER granting #60 Motion for Reconsideration. The Clerk is DIRECTED to reopen the Plaintiffs' Motion at #38. Signed by Judge Paul G. Byron on 2/8/2021. (JRR)
February 5, 2021 Filing 60 MOTION for Reconsideration re 58 Order on Motion to Strike Harold O. Miller et al Affirmative Defenses by All Plaintiffs. (Epstein, Richard)
February 4, 2021 Opinion or Order Filing 59 ORDER TO SHOW CAUSE as to Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Plaintiffs have failed to effect proper service on the Defendants Middle Earth, Ltd., William S. Saliba, SMFD, Ltd., and Frank D. Silva within the 90 days allowed by Federal Rule of Civil Procedure 4(m) or as further extended by the Court. Plaintiff shall SHOW CAUSE within fourteen (14) days from the date of this Order why the Complaint against Defendants Middle Earth, Ltd., William S. Saliba, SMFD, Ltd., and Frank D. Silva should not be dismissed for failure to comply with the Federal Rules of Civil Procedure 4(m). Failure to respond to this Order may result in dismissal of this case as to said Defendants without further notice from the Court. Signed by Judge Paul G. Byron on 2/4/2021. (GNB) copies e-mailed
February 1, 2021 Opinion or Order Filing 58 ENDORSED ORDER denying as moot #38 Motion to Strike. Signed by Judge Paul G. Byron on 2/1/2021. (JRR)
January 29, 2021 Filing 57 MOTION to Strike #56 Answer/Certain Affirmative Defenses to Complaint by All Plaintiffs. (Epstein, Richard) Modified on 2/1/2021 (RDO).
January 28, 2021 Filing 56 Second Amended ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Freedom Consumer Services, LLC, Michael A. Molfetta, Molfetta Law, LLC, Jordan Salkin, Shayna G. Schroeder, Systema Marketing, Inc..(Minerley, Kenneth)
January 26, 2021 Opinion or Order Filing 55 ORDER granting #54 Motion for Extension of Time to File Motion to Strike Affirmative Defenses. The deadline for Plaintiffs to file a motion to strike is extended through 1/29/2021. See Order for further details. Signed by Magistrate Judge Leslie R. Hoffman on 1/26/2021. (MKH)
January 22, 2021 Filing 54 Unopposed MOTION for Extension of Time to Strike #45 Answer/Affirmative Defenses to Complaint by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia) Modified on 1/25/2021 (RDO).
January 14, 2021 Filing 53 STIPULATION re #42 Answer to Complaint by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
January 13, 2021 Opinion or Order Filing 52 ENDORSED ORDER granting #47 Motion. Signed by Judge Paul G. Byron on 1/13/2021. (JRR)
January 12, 2021 Opinion or Order Filing 51 ENDORSED ORDER granting #49 Motion for Extension of Time to File. Signed by Judge Paul G. Byron on 1/12/2021. (JRR)
January 12, 2021 Filing 50 SUPPLEMENT re #49 MOTION for Extension of Time to File Motion to Strike Answer and Affirmative Defenses of Defendant John E. Mortimer by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
January 11, 2021 Filing 49 MOTION for Extension of Time to File Motion to Strike Answer and Affirmative Defenses of Defendant John E. Mortimer by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
January 11, 2021 Filing 48 RESPONSE to Motion re #38 MOTION to Strike #24 Answe/Affirmative Defenses to Complaint filed by Harold O Miller Attorney, LLC, Harold O Miller. (Hoepker, Todd)
January 7, 2021 Filing 47 MOTION for Miscellaneous Relief, specifically to Extend Time for Service of Complaint on William S. Saliba by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A)(Stepanova, Julia)
January 5, 2021 Opinion or Order Filing 46 ENDORSED ORDER granting #44 Motion to Amend Case Management and Scheduling Order. The time to add parties or amend pleadings is extended by forty-five (45) days. All other deadlines remain unchanged. Signed by Judge Paul G. Byron on 1/5/2021. (JRR)
January 4, 2021 Filing 45 Amended ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Freedom Consumer Services, LLC, Michael A. Molfetta, Molfetta Law, LLC, Jordan Salkin, Shayna G. Schroeder, Systema Marketing, Inc..(Saleh, Omar)
January 4, 2021 Filing 44 Unopposed MOTION to Amend #29 Case management and scheduling order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
December 28, 2020 Opinion or Order Filing 43 ENDORSED ORDER granting #41 Motion for Extension of Time to File Response / Reply. The parties are reminded that filing a motion for extension of any deadline on the date it is due is poor practice and often results in denial. Signed by Judge Paul G. Byron on 12/28/2020. (JBS)
December 21, 2020 Filing 42 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by John E Mortimer.(Waugh, Christian)
December 21, 2020 Filing 41 Unopposed MOTION for Extension of Time to File Response to #38 MOTION to Strike #24 Answer/Affirmative Defenses to Complaint by Harold O Miller Attorney, LLC, Harold O Miller. (Hoepker, Todd) Modified on 12/22/2020 (RDO).
December 16, 2020 Opinion or Order Filing 40 ORDER granting #39 Joint Motion to Amend the Scheduling Order. The limits on discovery imposed by the CMSO are amended as outlined in this Order. All other terms and requirements of the CMSO, including the discovery deadline and dispositive motions deadline, remain in full force and effect, and the parties may not rely upon this Order as grounds for seeking any extension of these or any other deadlines. Signed by Magistrate Judge Leslie R. Hoffman on 12/16/2020. (MKH)
December 15, 2020 Filing 39 Joint MOTION to Amend #29 Case management and scheduling order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia)
December 7, 2020 Filing 38 MOTION to Strike #24 Answer/Affirmative Defenses to Complaint by All Plaintiffs. (Epstein, Richard) Modified on 12/8/2020 (RDO).
December 7, 2020 Filing 37 NOTICE OF SELECTION of Gary Salzman, Esq. as mediator by Diamond Resorts U.S. Collection Development, LLC.(Epstein, Richard)
December 4, 2020 Opinion or Order Filing 36 ORDER denying without prejudice #32 Joint Stipulation to Modify Case Management and Scheduling Order. Signed by Magistrate Judge Leslie R. Hoffman on 12/4/2020. (MKH)
December 4, 2020 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time to Answer or Respond re #1 Complaint. John E Mortimer answer or response due 12/21/2020. Signed by Magistrate Judge Leslie R. Hoffman on 12/4/2020. (MKH)
December 4, 2020 Filing 34 UNOPPOSED MOTION for Extension of Time to File Answer by John E Mortimer. (Waugh, Christian) Modified on 12/4/2020 (RDO).
December 4, 2020 Filing 33 NOTICE of Appearance by Christian W. Waugh on behalf of John E Mortimer (Waugh, Christian)
December 3, 2020 Filing 32 JOINT STIPULATION to Modify #29 Case management and scheduling order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Stepanova, Julia) Modified on 12/4/2020 (RDO).
November 24, 2020 Filing 31 CASE REFERRED to Mediation. No mediator appointed at this time. (RDO)
November 23, 2020 Opinion or Order Filing 30 ORDER directing the parties to confer and advise the Court on the selection of a mediator within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 11/23/2020. (GNB) copies e-mailed
November 23, 2020 Opinion or Order Filing 29 CASE MANAGEMENT AND SCHEDULING ORDER. Amended Pleadings due by 1/4/2021, Joinder of Parties due by 1/4/2021, Discovery due by 11/1/2021, Dispositive motions due by 12/1/2021, Pretrial statement due by 3/22/2022, All other motions due by 3/29/2022, Plaintiff disclosure of expert report due by 9/1/2021, Defendant disclosure of expert report due by 10/4/2021, Final Pretrial Conference set for 4/20/2022 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for 5/2/2022 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 11/15/2021. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 11/23/2020. (GNB) copies e-mailed
November 23, 2020 Opinion or Order Filing 28 ENDORSED ORDER granting #18 Motion for Extension of Time to File. Signed by Judge Paul G. Byron on 11/23/2020. (JRR)
November 20, 2020 Filing 27 CORRECTED CASE MANAGEMENT REPORT. (Epstein, Richard) Modified on 11/23/2020 (RDO).
November 20, 2020 Opinion or Order Filing 26 ENDORSED ORDER striking #23 Case Management Report. The Court does not accept unilaterally signed Case Management Reports. Signed by Judge Paul G. Byron on 11/20/2020. (GNB) copies e-mailed
November 19, 2020 Filing 25 NOTICE of Appearance by Kenneth L. Minerley on behalf of Freedom Consumer Services, LLC, Michael A. Molfetta, Molfetta Law, LLC, Jordan Salkin, Shayna G. Schroeder, Systema Marketing, Inc. (Minerley, Kenneth)
November 16, 2020 Filing 24 ANSWER and affirmative defenses to #1 Complaint by Harold O Miller Attorney, LLC, Harold O Miller.(Hoepker, Todd)
November 13, 2020 Filing 23 (STRICKEN BY #26 ENDORSED ORDER) (SIGNED UNILATERALLY BY PLAINTIFF'S COUNSEL) CASE MANAGEMENT REPORT. (Epstein, Richard) Modified on 11/16/2020 (RDO). Modified on 11/20/2020 (RDO).
November 2, 2020 Filing 22 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Freedom Consumer Services, LLC, Michael A. Molfetta, Molfetta Law, LLC, Jordan Salkin, Shayna G. Schroeder, Systema Marketing, Inc..(Saleh, Omar)
October 29, 2020 Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #19 Interested persons order by Harold O Miller Attorney, LLC, Harold O Miller. (Hoepker, Todd)
October 28, 2020 Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #14 Interested persons order by Freedom Consumer Services, LLC, Michael A. Molfetta, Molfetta Law, LLC, Jordan Salkin, Shayna G. Schroeder, Systema Marketing, Inc.. (Saleh, Omar)
October 26, 2020 Opinion or Order Filing 19 INTERESTED PERSONS ORDER. Defendants Harold O Miller and Harold O Miller Attorney, LLC shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 10/26/2020. (GNB) copies e-mailed
October 26, 2020 Filing 18 MOTION for Extension of Time to File a Response to the #1 Complaint by Harold O Miller Attorney, LLC, Harold O Miller. (Hoepker, Todd) Modified on 10/27/2020 (RDO).
October 23, 2020 Filing 17 NOTICE of Appearance by Omar Mustafa Saleh on behalf of Michael A. Molfetta, Molfetta Law, LLC, Jordan Salkin, Shayna G. Schroeder (Saleh, Omar)
October 23, 2020 Filing 16 NOTICE of Appearance by Todd M. Hoepker on behalf of Harold O Miller Attorney, LLC, Harold O Miller (Hoepker, Todd)
October 14, 2020 Opinion or Order Filing 15 ORDER granting #13 Motion for Extension of Time. The deadline for Defendants Freedom Consumer Services LLC and Systema Marketing Inc. to answer or otherwise respond to Plaintiffs' complaint (Doc. 1) is extended up to and including November 2, 2020. Signed by Magistrate Judge Leslie R. Hoffman on 10/14/2020. (MKH)
October 14, 2020 Opinion or Order Filing 14 INTERESTED PERSONS ORDER. Defendants Freedom Consumer Services, LLC and Systema Marketing, Inc. shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 10/14/2020. (GNB) copies e-mailed
October 12, 2020 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply to #1 Complaint by Freedom Consumer Services, LLC, Systema Marketing, Inc.. (Saleh, Omar) Modified on 10/13/2020 (RDO).
October 12, 2020 Filing 12 NOTICE of Appearance by Omar Mustafa Saleh on behalf of Freedom Consumer Services, LLC, Systema Marketing, Inc. (Saleh, Omar)
September 29, 2020 Filing 11 NOTICE of pendency of related cases per Local Rule 1.04(d) re #5 Related Case Order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Related case(s): yes (Epstein, Richard) Modified on 9/30/2020 (RDO).
September 29, 2020 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Epstein, Richard)
September 16, 2020 Opinion or Order Filing 9 STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie R. Hoffman on 1/6/2020.(MDH)
September 15, 2020 Filing 8 NOTICE of Appearance by Jeffrey Aaron Backman on behalf of Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Backman, Jeffrey)
September 15, 2020 Filing 7 NOTICE of Appearance by Julia Stepanova on behalf of Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Stepanova, Julia)
September 15, 2020 Opinion or Order Filing 6 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 9/15/2020. (GNB) copies e-mailed
September 15, 2020 Opinion or Order Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 9/15/2020. (GNB) copies e-mailed
September 14, 2020 Filing 4 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint) (RDO)
September 14, 2020 Filing 3 SUMMONS issued as to Freedom Consumer Services, LLC, Middle Earth, Ltd., Harold O Miller, Michael A. Molfetta, Molfetta Law, LLC, John E Mortimer, SMFD, Ltd., William S. Saliba, Jordan Salkin, Shayna G. Schroeder, Frank D. Silva, Systema Marketing, Inc.. (RDO)
September 11, 2020 Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Leslie R. Hoffman. New case number: 6:20-cv-1668-Orl-40LRH. (SJB)
September 10, 2020 Filing 1 COMPLAINT for Injunctive Relief and Damages against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-17293271) filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Civil Cover Sheet, #14 Proposed Summons, #15 Proposed Summons, #16 Proposed Summons, #17 Proposed Summons, #18 Proposed Summons, #19 Proposed Summons, #20 Proposed Summons, #21 Proposed Summons, #22 Proposed Summons, #23 Proposed Summons, #24 Proposed Summons, #25 Proposed Summons)(Epstein, Richard)

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Search for this case: Diamond Resorts U.S. Collection Development, LLC et al v. Miller et al
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Defendant: Harold O Miller
Represented By: Todd M. Hoepker
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Defendant: Michael A. Molfetta
Represented By: Omar Mustafa Saleh
Represented By: Kenneth L. Minerley
Represented By: H. Michael Solloa, Jr.
Represented By: Jerry Tamayo
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Defendant: Molfetta Law, LLC
Represented By: Omar Mustafa Saleh
Represented By: Kenneth L. Minerley
Represented By: H. Michael Solloa, Jr.
Represented By: Jerry Tamayo
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Defendant: SMFD, Ltd.
Represented By: Christian W. Waugh
Represented By: Morgan Lynn Fayocavitz
Represented By: Reba Abraham Pearce
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Defendant: Jordan Salkin
Represented By: Omar Mustafa Saleh
Represented By: Kenneth L. Minerley
Represented By: Mishaal Kirit Patel
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Defendant: Systema Marketing, Inc.
Represented By: Omar Mustafa Saleh
Represented By: Kenneth L. Minerley
Represented By: Shannon L. Zetrouer
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Defendant: Freedom Consumer Services, LLC, d/b/a Timeshare Freedom Group and Timeshare Freedom
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Defendant: Middle Earth, Ltd., LLC, f/k/a Middle Earth, Ltd.
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Defendant: Shayna G. Schroeder
Represented By: Omar Mustafa Saleh
Represented By: Kenneth L. Minerley
Represented By: Shannon L. Zetrouer
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Defendant: Frank D. Silva
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Defendant: John E Mortimer
Represented By: Christian W. Waugh
Represented By: Morgan Lynn Fayocavitz
Represented By: Reba Abraham Pearce
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Defendant: William S. Saliba
Represented By: William S. Saliba
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Defendant: Harold O Miller Attorney, LLC
Represented By: Todd M. Hoepker
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Defendant: Freedom Consumer Services, LLC
Represented By: Omar Mustafa Saleh
Represented By: Kenneth L. Minerley
Represented By: Mishaal Kirit Patel
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Defendant: Tayler Francis Zirkle
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Defendant: Martin Lewis Cordell
Represented By: Martin Lewis Cordell
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Defendant: Timeshare Termination Team, LLC
Represented By: Clayton James Schmitt
Represented By: Mark Richard Cheskin
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Defendant: Holly Wilbur
Represented By: Clayton James Schmitt
Represented By: Mark Richard Cheskin
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Defendant: Richard Alan Russell
Represented By: Richard Alan Russell
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Defendant: Patriot Advocates, Inc.
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Defendant: Brian Stephen Wilbur
Represented By: Clayton James Schmitt
Represented By: Mark Richard Cheskin
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Defendant: Martin Miles Werner
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Plaintiff: Diamond Resorts Hawaii Collection Development, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Julia Stepanova
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3rd party defendant: Diamond Resorts U.S. Collection Development, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Julia Stepanova
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3rd party defendant: Middle Earth, Ltd.
Represented By: Christian W. Waugh
Represented By: Morgan Lynn Fayocavitz
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Petitioner: Hogan Lovells US LLP
Represented By: Mark Richard Cheskin
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