Monks et al v. Diamond Resorts International, Inc. et al
Steven A. Monks and Deborah J. Monks |
Diamond Resorts International, Inc. and Diamond Resorts U.S. Collection Development, L.L.C. |
2:2017cv14307 |
August 25, 2017 |
US District Court for the Southern District of Florida |
Ft Pierce Office |
Martin (Office: Ft Pierce) |
Jose E Martinez |
Shaniek M Maynard |
Contract: Other |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on September 21, 2018. A more recent docket listing may be available from PACER.
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Filing 65 FINAL ORDER OF DISMISSAL WITHOUT PREJUDICE AND ORDER DENYING ALL PENDING MOTIONS AS MOOT re #64 Plaintiff's Notice of Voluntary Dismissal without Prejudice. This action is DISMISSED without prejudice. All pending motions in this case are DENIED AS MOOT, and this case is CLOSED. Signed by Judge Jose E. Martinez on 9/20/2018. See attached document for full details. (mc) |
Filing 64 NOTICE of Voluntary Dismissal Without Prejudice per Rule 41(a)(1)(A)(i) by Deborah J. Monks, Steven A. Monks (Swift, Aaron) |
Filing 63 NOTICE of Attorney Appearance by Aaron M Swift on behalf of Deborah J. Monks, Steven A. Monks. Attorney Aaron M Swift added to party Deborah J. Monks(pty:pla), Attorney Aaron M Swift added to party Steven A. Monks(pty:pla). (Swift, Aaron) |
Set/Reset Deadlines/Hearings Amended Complaint due by 9/20/2018. per DE 62 (cbr) |
Filing 62 PAPERLESS ORDER granting in part and denying in part #61 Plaintiffs' Motion for Brief Extension of Time. The deadline to join additional parties and file motions to amend the complaint is extended to on or before September 20, 2018. No further extensions will be granted. Signed by Judge Jose E. Martinez on 9/14/2018. (ean) |
Filing 61 Plaintiff's MOTION for Extension of Time to Amend 56 Order on Motion for Extension of Time, by Deborah J. Monks, Steven A. Monks. Responses due by 9/28/2018 (Kelly, Sean) |
Filing 60 Notification of Ninety Days Expiring by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C. re #36 MOTION -Rule 72 Objection to Order on Defendants' Motion for Protective Order re #27 MOTION for Protective Order , #32 Order on Motion for Protective Order filed by Diamond Resorts U.S. Collection Development, L.L.C., Diamond Resorts International, Inc. (Soles, Maureen) |
Filing 59 Notification of Ninety Days Expiring by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C. re #16 MOTION TO DISMISS #14 Amended Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint, and Supporting Memorandum of Law filed by Diamond Resorts U.S. Collection Development, L.L.C., Diamond Resorts International, Inc., #42 Notification of Ninety Days Expiring, filed by Diamond Resorts U.S. Collection Development, L.L.C., Diamond Resorts International, Inc. (Soles, Maureen) |
Filing 58 Plaintiff's RESPONSE to #57 Notice of Supplemental Authority, by Deborah J. Monks, Steven A. Monks. (Kelly, Sean) |
Filing 57 Notice of Supplemental Authority re #16 MOTION TO DISMISS #14 Amended Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint, and Supporting Memorandum of Law by Diamond Resorts International, Inc. (Attachments: #1 Exhibit A - Opinion) (Crossland, Brandon) |
Reset Deadlines Per DE#56. Joinder of Parties due by 9/14/2018. Motions due by 9/14/2018. (cqs) |
Filing 56 PAPERLESS ORDER granting in part, as set forth herein, #48 Plaintiffs' Unopposed Motion for Extension of Time. The parties may join additional parties and file motions to amend the complaint and for class certification on or before September 14, 2018. The remaining deadlines set forth in this Court's Order Revising Scheduling Order #37 remain unchanged. Signed by Judge Jose E. Martinez on 8/21/2018. (ean) |
Filing 55 Unopposed MOTION for Extension of Time to select mediator re #26 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. Responses due by 8/27/2018 (Soles, Maureen) |
Filing 54 ORDER granting in part and denying in part #45 Motion to Compel; granting in part and denying in part #46 Motion to Compel. Defendants shall produce responsive documents by Friday, August 10, 2018. Signed by Magistrate Judge Shaniek M. Maynard on 7/27/2018. See attached document for full details. (ip00) |
Filing 53 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Shaniek M. Maynard: Telephone Conference held on 7/26/2018. Order to issue. Total time in court: 1 hour(s) : 20 minutes. Attorney Appearance(s): Brandon Thomas Crossland, Sean Richard Kelly, Other appearances: Mario Marin, Law Clerk. (Digital 145039, Recall 155417) (cga) |
Filing 52 PAPERLESS ORDER Setting Hearing on Motions. The undersigned U.S. Magistrate Judge will conduct a telephonic hearing on [45, 46], Plaintiffs Motions to Compel Discovery on THURSDAY, JULY 26, 2018 at 2:30 p.m. Counsel for Plaintiff shall initiate the conference call to opposing counsel and then to Chambers at (772) 467-2320. In the meantime, the parties are encouraged to confer and resolve as many issues as possible prior to the hearing date. Signed by Magistrate Judge Shaniek M. Maynard on 7/20/2018. (mm00) |
Filing 51 RESPONSE in Opposition re #46 Plaintiff's MOTION to Compel Discovery from Diamond Resorts U.S. Collection Development, LLC filed by Diamond Resorts U.S. Collection Development, L.L.C.. Replies due by 7/24/2018. (Attachments: #1 Exhibit A, #2 Exhibit B)(Soles, Maureen) |
Filing 50 RESPONSE in Opposition re #45 Plaintiff's MOTION to Compel Discovery from Diamond Resorts International, Inc. filed by Diamond Resorts International, Inc.. Replies due by 7/24/2018. (Attachments: #1 Exhibit Exhibit A)(Soles, Maureen) |
Filing 49 PAPERLESS ORDER on [45-46], Plaintiffs Motions to Compel Discovery. Pursuant to this Courts Order Setting Discovery Procedures, #41 , Defendants Responses to Plaintiffs Motions to Compel were due Monday, July 16, 2018. Defendants shall file Responses to Plaintiffs Motions to Compel no later than Tuesday, July 17, 2018 at 5:30 PM. The Responses shall also explain whether the Motions are moot in light of #47 , the parties confidentiality agreement. Signed by Magistrate Judge Shaniek M. Maynard on 7/17/2018. (mm00) |
Reset Deadlines as to #46 Plaintiff's Motion to Compel Discovery from Diamond Resorts U.S. Collection Development, LLC, #45 Plaintiff's Motion to Compel Discovery from Diamond Resorts International, Inc.. Responses due by 7/17/2018 at 5:30 PM, per DE 49 Order. (mc) |
Filing 48 Unopposed MOTION for Extension of Time to join additional parties and amend complaint re #37 Scheduling Order,,,, Terminate Motions,,, by Deborah J. Monks, Steven A. Monks. Responses due by 7/30/2018 (Kelly, Sean) |
Filing 47 NOTICE by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C. of Confidentiality Agreement (Soles, Maureen) |
Filing 46 Plaintiff's MOTION to Compel Discovery from Diamond Resorts U.S. Collection Development, LLC by Deborah J. Monks, Steven A. Monks. Responses due by 7/23/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kelly, Sean) |
Filing 45 Plaintiff's MOTION to Compel Discovery from Diamond Resorts International, Inc. by Deborah J. Monks, Steven A. Monks. Responses due by 7/23/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kelly, Sean) |
Filing 44 REPLY in Support re #38 Plaintiff's MOTION Request for Judicial Notice re #20 Response in Opposition to Motion, #27 MOTION for Protective Order , #14 Amended Complaint, filed by Deborah J. Monks, Steven A. Monks. (Kelly, Sean) Modified title text on 6/14/2018 (mc). |
Filing 43 REPLY to #36 MOTION -Rule 72 Objection to Order on Defendants' Motion for Protective Order re #27 MOTION for Protective Order , #32 Order on Motion for Protective Order Reply in Support of Rule 72 Objection to Order on Defendants' Motion for Protective Order by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. (Soles, Maureen) |
Filing 42 Notification of Ninety Days Expiring by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C. re #16 MOTION TO DISMISS #14 Amended Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint, and Supporting Memorandum of Law filed by Diamond Resorts U.S. Collection Development, L.L.C., Diamond Resorts International, Inc. (Soles, Maureen) |
Filing 41 ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 6/11/2018. (mc) |
Filing 40 Plaintiff's RESPONSE to #36 MOTION -Rule 72 Objection to Order on Defendants' Motion for Protective Order re #27 MOTION for Protective Order , #32 Order on Motion for Protective Order by Deborah J. Monks, Steven A. Monks. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kelly, Sean) |
Filing 39 RESPONSE to #38 Plaintiff's MOTION Request for Judicial Notice re #20 Response in Opposition to Motion, #27 MOTION for Protective Order , #14 Amended Complaint, Response and Objection to Request for Judicial Notice by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. (Soles, Maureen) |
Filing 38 Plaintiff's MOTION Request for Judicial Notice re #20 Response in Opposition to Motion, #27 MOTION for Protective Order , #14 Amended Complaint, by Deborah J. Monks, Steven A. Monks. (Attachments: #1 Exhibit A)(Kelly, Sean) |
Filing 37 ORDER REVISING SCHEDULING ORDER: (Amended Pleadings due by 7/16/2018., Discovery due by 10/1/2018., Expert Discovery due by 10/1/2018., Joinder of Parties due by 7/16/2018., Dispositive Motions due by 10/8/2018., Motions due by 10/8/2018). The Court's scheduling order (ECF No. #26 ) shall otherwise remain in full force and effect. Plaintiff's Unopposed Motion for Extension of Time (ECF No. #35 ) is GRANTED. Plaintiff's Unopposed Motion for Extension of Time (ECF No. #29 ) is DENIED AS MOOT. Signed by Judge Jose E. Martinez on 5/22/2018. (mc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. |
Filing 36 MOTION -Rule 72 Objection to Order on Defendants' Motion for Protective Order re #27 MOTION for Protective Order , #32 Order on Motion for Protective Order by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. (Attachments: #1 Exhibit A - Composite - Discovery to DRI, #2 Exhibit B - Composite - Discovery to U.S. Collection)(Crossland, Brandon) |
Filing 35 Unopposed MOTION for Extension of Time for Pretrial Deadlines by Deborah J. Monks, Steven A. Monks. Responses due by 5/31/2018 (Kelly, Sean) |
Filing 34 PAPERLESS ORDER granting #33 , Defendants Unopposed Motion for Extension of Time to Respond to Discovery. Defendants shall respond to Plaintiffs discovery requests by Friday, June 1, 2018. Signed by Magistrate Judge Shaniek M. Maynard on 5/16/2018. (mm00) |
Filing 33 Unopposed MOTION for Extension of Time to Respond to Discovery re #32 Order on Motion for Protective Order by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. Responses due by 5/30/2018 (Crossland, Brandon) |
Filing 32 ORDER denying #27 Motion for Protective Order. Signed by Magistrate Judge Shaniek M. Maynard on 5/11/2018. (ip00) |
Filing 31 REPLY to Response to Motion re #27 MOTION for Protective Order filed by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. (Crossland, Brandon) |
Filing 30 RESPONSE in Opposition re #27 MOTION for Protective Order filed by Deborah J. Monks, Steven A. Monks. Replies due by 5/3/2018. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kelly, Sean) |
Filing 29 Unopposed MOTION for Extension of Time to join additional parties and amend complaint re #26 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by Deborah J. Monks, Steven A. Monks. Responses due by 4/30/2018 (Kelly, Sean) |
Filing 28 NOTICE of Attorney Appearance by Maureen Berard Soles on behalf of Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. Attorney Maureen Berard Soles added to party Diamond Resorts International, Inc.(pty:dft), Attorney Maureen Berard Soles added to party Diamond Resorts U.S. Collection Development, L.L.C.(pty:dft). (Soles, Maureen) |
Filing 27 MOTION for Protective Order by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. (Attachments: #1 Exhibit A - Discovery Requests to DRI, #2 Exhibit B - Discovery Requests to US Collection)(Crossland, Brandon) |
Filing 26 ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Jury Trial set for 12/24/2018 09:30 AM in Fort Pierce Division before Judge Jose E. Martinez., Calendar Call set for 12/20/2018 01:30 PM in Miami Division before Judge Jose E. Martinez., Amended Pleadings due by 4/16/2018., Discovery due by 8/2/2018., Expert Discovery due by 8/2/2018., Joinder of Parties due by 4/16/2018., Mediation Deadline 10/11/2018., Dispositive Motions due by 9/4/2018., Motions due by 10/26/2018., Pretrial Stipulation due by 11/20/2018.), ORDER REFERRING CASE to Mediation. (Mediation Deadline 10/11/2018.), ORDER REFERRING CASE to Magistrate Judge Shaniek Maynard for Discovery Matters. Signed by Judge Jose E. Martinez on 1/29/2018. (mc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. |
Filing 25 Initial Disclosure(s) Required by Rule 26 by Deborah J. Monks, Steven A. Monks (Kelly, Sean) |
Filing 24 Joint SCHEDULING REPORT - Rule 16.1 by Deborah J. Monks, Steven A. Monks (Kelly, Sean) |
Filing 23 ORDER TO SHOW CAUSE. Show Cause Response due by 1/22/2018. Signed by Judge Jose E. Martinez on 1/11/2018. (mc) |
Filing 22 Corporate Disclosure Statement by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C. identifying Other Affiliate Diamond Resorts Developer and Sales Holding Company for Diamond Resorts U.S. Collection Development, L.L.C. (Crossland, Brandon) |
Filing 21 REPLY to #20 Response in Opposition to Motion, and in Support of Motion to Dismiss [Doc. 16] by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. (Crossland, Brandon) |
Filing 20 RESPONSE in Opposition re #16 MOTION TO DISMISS #14 Amended Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint, and Supporting Memorandum of Law filed by Deborah J. Monks, Steven A. Monks. Replies due by 11/27/2017. (Kelly, Sean) |
Set/Reset Deadlines/Hearings as to #16 MOTION TO DISMISS #14 Amended Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint, and Supporting Memorandum of Law. per DE 19 Responses due by 11/20/2017 (cbr) |
Filing 19 PAPERLESS ORDER granting #18 Motion for Extension of Time. Plaintiffs shall respond to Defendants' Motion to Dismiss on or before November 20, 2017. This order shall affect no other deadlines in this action. Signed by Judge Jose E. Martinez on 11/13/2017. (rkn) |
Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #16 MOTION TO DISMISS #14 Amended Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint, and Supporting Memorandum of Law by Deborah J. Monks, Steven A. Monks. (Kelly, Sean) |
Filing 17 NOTICE by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C. re #16 MOTION TO DISMISS #14 Amended Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint, and Supporting Memorandum of Law -Notice of Filing Declaration of Cheryl Pelosi in Support (Attachments: #1 Affidavit) (Crossland, Brandon) |
Filing 16 MOTION TO DISMISS #14 Amended Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint, and Supporting Memorandum of Law ( Responses due by 11/9/2017) by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. (Crossland, Brandon) |
Filing 15 PAPERLESS ORDER denying as moot #9 Motion to Dismiss for Lack of Jurisdiction; denying as moot #9 Motion to Dismiss for Failure to State a Claim. An Amended Complaint has been filed #14 . Signed by Judge Jose E. Martinez on 10/12/2017. (rkn) |
Filing 14 AMENDED COMPLAINT against Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C., filed by Steven A. Monks, Deborah J. Monks. (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)(Kelly, Sean) |
Filing 13 PAPERLESS ORDER granting #12 Motion for Extension of Time. Plaintiff shall respond to Defendants' #9 MOTION to Dismiss for Lack of Jurisdiction on or before October 19, 2017. This order shall affect no other deadlines in this action. Signed by Judge Jose E. Martinez on 10/5/2017. (rkn) |
Set/Reset Deadlines as to #9 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM . Responses due by 10/19/2017 (lh) see Order DE# 13 |
Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #9 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Deborah J. Monks, Steven A. Monks. (Kelly, Sean) |
Filing 11 ORDER by Clerk of Non-Entry of Default re #8 Motion for Clerks Entry of Default as to Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed. Signed by DEPUTY CLERK on 9/21/2017. (lh) |
Filing 10 AFFIDAVIT signed by : Cheryl Pelosi. re #9 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C. (Crossland, Brandon) |
Filing 9 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, , Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 10/4/2017) by Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. Attorney Brandon Thomas Crossland added to party Diamond Resorts International, Inc.(pty:dft), Attorney Brandon Thomas Crossland added to party Diamond Resorts U.S. Collection Development, L.L.C.(pty:dft). (Crossland, Brandon) |
Filing 8 First MOTION for Clerks Entry of Default as to All Defendants by Steven A. Monks, Deborah J. Monks. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kelly, Sean) |
Filing 7 ACKNOWLEDGMENT OF SERVICE as to #3 Summons Issued Diamond Resorts International, Inc. filed by Deborah J. Monks, Steven A. Monks. (Kelly, Sean) |
Filing 6 ACKNOWLEDGMENT OF SERVICE as to #3 Summons Issued to Diamond Resorts U.S. Collection Development, LLC filed by Deborah J. Monks, Steven A. Monks. (Kelly, Sean) |
Filing 5 Certificate of Interested Parties/Corporate Disclosure Statement by Deborah J. Monks, Steven A. Monks (Kelly, Sean) |
Filing 4 Order Requiring Joint Scheduling Report. Signed by Judge Jose E. Martinez on 8/29/2017. (dq) |
Filing 3 Summons Issued as to Diamond Resorts International, Inc., Diamond Resorts U.S. Collection Development, L.L.C.. (rms1) |
Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rms1) |
Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-10002331, filed by Steven A. Monks, Deborah J. Monks. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Diamond Resorts International, Inc., #3 Summon(s) Diamond Resorts U.S. Collection Development, L.L.C., #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J)(Kelly, Sean) |
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