Diamond Resorts International, Inc. et al v. US Consumer Attorneys, P.A.
| DIAMOND RESORTS CORPORATION, DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS MANAGEMENT, INC. and DIAMOND RESORTS INTERNATIONAL, INC. |
| US CONSUMER ATTORNEYS, P.A., Newton Group Exit, LLC, 1PLANETMEDIA INC., Robert Sussman, Interval Broker Direct, LLC, The Newton Group, ESA LLC, Henry Neil Portner, Pluto Marketing Inc., Newton Group Transfers, LLC, John Does #1-50, DC Capital Law Firm, LLP, Conrad Sussman, US Consumers Attorneys, P.A. and 1Planetmedia, Inc. |
| Ursula Ungaro |
| 9:2018cv80311 |
| March 9, 2018 |
| US District Court for the Southern District of Florida |
| West Palm Beach Office |
| Palm Beach (Office: West Palm Beach) |
| James M Hopkins |
| Bruce E Reinhart |
| Robin L Rosenberg |
| Trademark |
| 28 U.S.C. § 1338 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on June 21, 2022. A more recent docket listing may be available from PACER.
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Filing 871
PAPERLESS ORDER granting #870 Plaintiffs' Unopposed Motion for Extension of Time to File Stipulation of Dismissal. The Parties may file the stipulation of dismissal on or before July 11, 2022. Signed by Magistrate Judge Bruce E. Reinhart on 6/21/2022. (jgy)
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| Filing 870 Unopposed MOTION for Extension of Time Deadline to File a Stipulation of Dismissal by Diamond Resorts U.S. Collection Development, LLC. Responses due by 7/5/2022 (Crossland, Brandon) |
| Filing 869 TRANSCRIPT of Pretrial Conference held on 5/2/2022 before Magistrate Judge Bruce E. Reinhart, 1-134 pages, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2022. Redacted Transcript Deadline set for 6/8/2022. Release of Transcript Restriction set for 8/8/2022. (ilz) |
| Filing 868 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 ORDER ADMINISTRATIVELY CLOSING CASE) (drz) |
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Filing 867
Order Administratively Closing Case. Motions terminated: #791 MOTION to Seal AND/OR REDACT CERTAIN PORTIONS OF CERTAIN EXHIBITS USED IN DEFENDANTS JOINT STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTIONS FOR SUMMARY JUDGMENT (ECF NO. 704), MOTION TO EXCLUDE JOHN JAROSZ (ECF NO. 708), AND PLAINTIFFS RESPONSE filed by Newton Group Exit, LLC, Interval Broker Direct, LLC, DC Capital Law Firm, LLP, The Newton Group, ESA LLC, Newton Group Transfers, LLC. Signed by Magistrate Judge Bruce E. Reinhart on 5/5/2022. See attached document for full details. (drz)
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| Filing 866 NOTICE of Settlement by Diamond Resorts U.S. Collection Development, LLC (Keown, Lindy) |
| Filing 865 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC of Filing DEFENDANTS SIXTH AMENDED TRIAL DEPOSITION DESIGNATIONS (Smith, Sheena) |
| Filing 864 Clerks Notice to Filer re 834 Sealed Document, 833 Sealed Document. Document Not Captioned. In the Future the Filer must File a Notice of Filing with the attached Exhibit with the proper caption pursuant to Local Rules. It is not necessary to refile this document. (kpe) |
| Filing 863 Exhibit List Ninth Amended Trial Exhibit List by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC.. (Constantine, Lizza) |
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Filing 862
ORDER Granting in Part #802 Plaintiffs' Motion in Limine. Signed by Magistrate Judge Bruce E. Reinhart on 5/3/2022. See attached document for full details. (jgy)
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| Filing 861 Exhibit List Eighth Amended Trial Exhibit List by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC.. (Constantine, Lizza) |
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Filing 860
PAPERLESS ORDER striking DE 859. Paperless Order at 859 docketed in incorrect case. Signed by Magistrate Judge Bruce E. Reinhart on 5/2/2022. (jgy)
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Filing 859
PAPERLESS ORDER: The Court notes that the Parties are currently proceeding under the deadlines set forth in #19 the Court's Order Setting Trial and Pre-trial Deadlines and that trial in this case is currently set to begin on December 19, 2022. Should the Parties wish to amend any deadlines set forth in #19 , including the trial date, the Parties are instructed to file a proposed Amended Scheduling Order on or before 5/20/2022. Signed by Magistrate Judge Bruce E. Reinhart on 5/2/2022. (jgy)
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Filing 858
PAPERLESS ORDER: For the reasons stated at the Final Pretrial Conference, #802 Plaintiffs' Motion in Limine is granted in part and denied in part without prejudice to objections being renewed at the appropriate time during trial. Signed by Magistrate Judge Bruce E. Reinhart on 5/2/2022. (jgy)
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Filing 857
PAPERLESS ORDER: For the reasons stated on the record at the Final Pretrial Conference, #804 Defendants' Motion in Limine is granted in part and denied in part as articulated at the Final Pretrial Conference. Signed by Magistrate Judge Bruce E. Reinhart on 5/2/2022. (jgy)
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Filing 856
PAPERLESS ORDER denying #825 Defendants' Motion to Vacate and/or Withdraw Statements in Parties' Pretrial Stipulation for the reasons stated on the record at the Final Pretrial Conference. Signed by Magistrate Judge Bruce E. Reinhart on 5/2/2022. (jgy)
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Filing 855
PAPERLESS ORDER denying #818 Defendants' Motion to File an Additional Motion in Limine for the reasons stated on the record at the Final Pretrial Conference. Signed by Magistrate Judge Bruce E. Reinhart on 5/2/2022. (jgy)
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Filing 854
PAPERLESS ORDER denying #794 Defendants' Motion for Reconsideration of #777 Order on Motion for Summary Judgment for the reasons stated on the record at the Final Pretrial Conference. Signed by Magistrate Judge Bruce E. Reinhart on 5/2/2022. (jgy)
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| Filing 853 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Final Pretrial Conference held on 5/2/2022. Total time in court: 2 hour(s) : 30 minutes. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (jgy) |
| Filing 852 Exhibit List DEFENDANTS SEVENTH AMENDED TRIAL EXHIBIT LIST by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC.. (Smith, Sheena) |
| Filing 851 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC of Filing Defendants' Fifth Amended Trial Designations (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Constantine, Lizza) |
| Filing 850 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #838 Notice (Other) Defendants' Amended Objections and Counter-Designations (Attachments: #1 Exhibit Clean Copy, #2 Exhibit Redlined Version) (Smith, Sheena) |
| Filing 849 Exhibit List Sixth Amended Trial Exhibit List by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC.. (Constantine, Lizza) |
| Filing 848 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC of Defendants' Proposed Amendment of Parties' Joint Jury Instructions (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Constantine, Lizza) |
| Filing 847 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC Defendants' Amended Proposed Verdict Form (Smith, Sheena) |
| Filing 846 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #813 Notice (Other) Withdrawal of Defendants' Proposed Verdict Form (Smith, Sheena) |
| Filing 845 Witness List (Third Amended) by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC.. (Smith, Sheena) |
| Filing 844 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC of Filing Fourth Amended Deposition Designations for Trial (Attachments: #1 Exhibit 1) (Constantine, Lizza) |
| Filing 843 CERTIFICATE of Counsel re #838 Notice (Other) by Lindy Kathryn Keown on behalf of Diamond Resorts U.S. Collection Development, LLC (Keown, Lindy) |
| Filing 842 Exhibit List with Defendants' Objections (corrected) by Diamond Resorts U.S. Collection Development, LLC.. (Keown, Lindy) |
| Filing 841 Exhibit List with Plaintiffs' Objections by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC.. (Constantine, Lizza) |
| Filing 840 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC of Filing Third Amended Deposition Designations for Trial with Plaintiffs' Objections and Counter-Designations (Attachments: #1 Exhibit 1) (Constantine, Lizza) |
| Filing 839 Witness List (Second Amended) by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC.. (Smith, Sheena) |
| Filing 838 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Filing Second Amended Deposition Designations for Trial with Defendants' Objections and Counter Designations (Keown, Lindy) |
| Filing 837 Witness List (Second Amended) by Diamond Resorts U.S. Collection Development, LLC.. (Keown, Lindy) |
| Filing 836 Exhibit List with Defendants' Objections by Diamond Resorts U.S. Collection Development, LLC.. (Keown, Lindy) |
| Filing 835 RESPONSE to #794 Defendant's MOTION for Reconsideration re #777 Order on Motion for Summary Judgment, DEFENDANTS LIMITED MOTION FOR PARTIAL RECONSIDERATION OF THE COURTS ORDER ON DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT by Diamond Resorts U.S. Collection Development, LLC. (Crossland, Brandon) |
| SYSTEM ENTRY - Docket Entry 832 [misc] restricted/sealed until further notice. (1624498) |
| SYSTEM ENTRY - Docket Entry 833 [misc] restricted/sealed until further notice. (1624498) |
| SYSTEM ENTRY - Docket Entry 834 [misc] restricted/sealed until further notice. (1624498) |
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Filing 831
PAPERLESS ORDER granting #785 Plaintiff's Motion to Seal a Portion of The Report of Expert Witness John C. Crotts, PHD. Signed by Magistrate Judge Bruce E. Reinhart on 4/27/2022. (jgy)
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Filing 830
PAPERLESS ORDER granting #803 Plaintiffs' Motion to Seal New Hire Sales Training Materials. Plaintiffs are permitted to file the Sales Training Manual (DE 802-1) under seal. Signed by Magistrate Judge Bruce E. Reinhart on 4/27/2022. (jgy)
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Filing 829
PAPERLESS ORDER denying without prejudice #825 Defendant's Motion to Vacate and/or Withdraw Statements in Parties' Joint Pre-trial Stipulation. The issue can be addressed at the Final Pretrial Conference on May 2, 2022. Signed by Magistrate Judge Bruce E. Reinhart on 4/27/2022. (jgy)
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| Filing 828 RESPONSE to Motion re #791 MOTION to Seal AND/OR REDACT CERTAIN PORTIONS OF CERTAIN EXHIBITS USED IN DEFENDANTS JOINT STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTIONS FOR SUMMARY JUDGMENT (ECF NO. 704), MOTION TO EXCLUDE JOHN JAROSZ (ECF NO. 708), AND PLAINTIFFS RESPONSE filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 5/3/2022. (Attachments: #1 Exhibit 1)(Keown, Lindy) |
| Filing 827 NOTICE by Diamond Resorts U.S. Collection Development, LLC re #803 MOTION to Seal New Hire Sales Training Materials (Doc. 802-1) per Local Rule 5.4 Notice of Defendants' Non-Objection to Plaintiffs' Motion to File New Hire Training Materials Under Seal (Doc. No. 803) (Keown, Lindy) |
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Filing 826
PAPERLESS ORDER denying without prejudice #818 Defendants' Motion for Leave to File an additional Motion in Limine and denying without prejudice #823 Plaintiffs' Motion to Strike DC Capital's Untimely Disclosed Fact Witness, Robert Heieck. The issues raised in both motions will be addressed at the Final Pretrial Conference on May 2, 2022. Signed by Magistrate Judge Bruce E. Reinhart on 4/26/2022. (jgy)
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| Filing 825 Defendant's MOTION to Vacate #807 Stipulation, DEFENDANTS MOTION TO VACATE AND/OR WITHDRAW STATEMENTS IN PARTIES JOINT PRE-TRIAL STIPULATION by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 5/10/2022 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Smith, Sheena) |
| Filing 824 NOTICE of Filing Certificate Of Good Faith Conference Regarding Plaintiffs' Motion To Strike Dc Capitals Untimely Disclosed Fact Witness, Robert Heieck, And Incorporated Memorandum Of Law (DOC. NO. 823) by Diamond Resorts U.S. Collection Development, LLC re #823 MOTION to Strike DC Capital's Untimely Disclosed Fact Witness, Robert Heieck Certificate of Good Faith Conference (Keown, Lindy) Modified text on 4/26/2022 (kpe). |
| Filing 823 MOTION to Strike DC Capital's Untimely Disclosed Fact Witness, Robert Heieck by Diamond Resorts U.S. Collection Development, LLC. Responses due by 5/10/2022 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Keown, Lindy) |
| Filing 822 RESPONSE in Opposition re #802 MOTION in Limine filed by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Replies due by 5/2/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Smith, Sheena) |
| Filing 821 Exhibit List Defendants' Objections to Plaintiffs' Amended Exhibit List by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC.. (Constantine, Lizza) |
| Filing 820 RESPONSE to Motion re #804 MOTION in Limine filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 5/2/2022. (Attachments: #1 Exhibit 1 - Keegan Expert Rebuttal Report, #2 Exhibit 2 - Excerpts from Ngo Transcript, #3 Exhibit 3 - Settlement, #4 Exhibit 4 - Blatzer, #5 Exhibit 5 - Deida, #6 Exhibit 6 - Lex Lynn)(Etscorn, James) |
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Filing 819
ORDER GRANTING #817 Joint Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge Bruce E. Reinhart on 4/25/2022. See attached document for full details. (jgy)
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| Filing 818 MOTION for Leave to File a Motion in Limine to Preclude Plaintiffs From Using Joint Generic Names Such as "Diamond Resorts" or "Plaintiffs" at Trial and Incorporated Memorandum of Law by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Constantine, Lizza) |
| Filing 817 Joint MOTION to Bring Electronic Equipment into the courtroom and Cellular Communication Devices by Diamond Resorts U.S. Collection Development, LLC. Responses due by 5/5/2022 (Keown, Lindy) |
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Filing 816
**TIME CHANGE ONLY**. PAPERLESS Order RESETTING Final Pretrial Conference originally set for 5/2/2022 at 11:00 AM. The Final Pretrial Conference will take place in person at the West Palm Beach courthouse on 5/2/2022 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. Signed by Magistrate Judge Bruce E. Reinhart on 4/21/2022. (jgy)
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Filing 815
PAPERLESS ORDER denying #762 Motion to Bifurcate. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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Filing 814
PAPERLESS ORDER re: Deposition Designations. The parties advised the Court by email earlier today that "The parties have planned to exchange revised, narrowed deposition designations next Tuesday, April 26. We have scheduled a meet and confer conference on Thursday, April 28, to finalize the reduced deposition designations and attempt to further resolve objections. We anticipate providing the Court with those narrowed designations by Friday, April 29." The Court construes this correspondence as a motion for leave to extend the deadline for submitting deposition designations. That request is GRANTED.The Court notes that the parties have submitted deposition designations for 41 separate depositions. The parties are reminded that deposition testimony is admissible only if the deponent is unavailable to testify in person. See Fed. R. Evid. 804(b)(1). Any amended deposition designations shall be signed by counsel for both sides and shall contain a certification that the parties jointly agree that each witness for whom designations are being submitted is unavailable to testify in person. See Fed. R. Civ. P. 11.The parties should be prepared to discuss at the final pretrial conference why the Court should not limit the number of depositions that can be offered at trial. Fed. R. Civ. P. 1. And, finally, should the parties require the Court to resolve contested deposition designations but then not offer that deposition testimony at trial, the Court will impose sanctions for needlessly expending the Court's time to rule on the disputed items. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 813 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Filing Parties Joint Proposed Verdict Form (Keown, Lindy) |
| Filing 812 Proposed Jury Instructions by Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
| Filing 811 NOTICE by Diamond Resorts U.S. Collection Development, LLC re #806 Notice (Other), PLAINTIFFS OBJECTIONS AND COUNTER DESIGNATIONS TO DEFENDANTS AMENDED TRIAL DEPOSITION DESIGNATIONS FILED 04-18-22 (ECF NO. 806) (Keown, Lindy) |
| Filing 810 NOTICE by Diamond Resorts U.S. Collection Development, LLC re #799 Notice (Other) PLAINTIFFS OBJECTIONS AND COUNTER DESIGNATIONS TO DEFENDANTS TRIAL DEPOSITION DESIGNATIONS OF NADINE CHABRIER (ECF NO. 799) (Keown, Lindy) |
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Filing 809
PAPERLESS ORDER Trial in this matter is specially set for May 9, 2022. To date, the parties have filed extensive disputes over deposition designations for more than 15 witness. The Court is unable to address those disputes because no transcripts have been submitted. On or before 5:00 p.m. Eastern time on April 21, 2022, the parties shall submit deposition transcripts for all expected witnesses which identify the disputed designations. Failure to make a proper and timely submission may result in the witness' testimony being stricken. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 808 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC Second Amended Trial Deposition Designations (Constantine, Lizza) |
| Filing 807 STIPULATION Joint Pretrial Stipulation by Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Appendix 1, #7 Appendix 2, #8 Appendix 3)(Keown, Lindy) |
| Filing 806 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re 742 Order on Motion for Extension of Time,, #724 Scheduling Order,,, Set/Reset Motion/R&R Deadlines and Hearings,, DEFENDANTS AMENDED TRIAL DEPOSITION DESIGNATIONS (Smith, Sheena) |
| Filing 805 TRANSCRIPT of Motion Hearing held on 3/29/2022 before Magistrate Judge Bruce E. Reinhart, 1-120 pages, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/9/2022. Redacted Transcript Deadline set for 5/18/2022. Release of Transcript Restriction set for 7/18/2022. (ilz) |
| Filing 804 MOTION in Limine by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit 1)(Constantine, Lizza) |
| Filing 803 MOTION to Seal New Hire Sales Training Materials (Doc. 802-1) per Local Rule 5.4 by Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
| Filing 802 MOTION in Limine by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Appendix 1)(Keown, Lindy) |
| Filing 801 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC Objections and Counter-Designations to Plaintiffs' Trial Deposition Designations of Nadine Chabrier (Goldstein, Jeremy) |
| Filing 800 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC Objections and Counter-Counter Designations to Plaintiffs' Trial Deposition Counter-Designations of Roger Fladeboe (Goldstein, Jeremy) |
| Filing 799 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC Trial Deposition Designations of Nadine Chabrier (Goldstein, Jeremy) |
| Filing 798 REPLY to Response to Motion re #762 Defendant's MOTION to Bifurcate and Incorporated Memorandum of Law filed by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Constantine, Lizza) |
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Filing 797
PAPERLESS ORDER granting #793 Defendants' Unopposed Motion for Extension of Time to Submit Joint Jury Instructions and Verdict Sheet. The Joint Jury Instructions and Verdict Sheet are due by April 20, 2022. Signed by Magistrate Judge Bruce E. Reinhart on 4/14/2022. (jgy)
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| Filing 796 Proposed Voir Dire Questions by Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
| Filing 795 Proposed Voir Dire Questions by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Smith, Sheena) |
| Filing 794 Defendant's MOTION for Reconsideration re #777 Order on Motion for Summary Judgment, DEFENDANTS LIMITED MOTION FOR PARTIAL RECONSIDERATION OF THE COURTS ORDER ON DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Smith, Sheena) |
| Filing 793 Unopposed MOTION for Extension of Time to submit joint jury instructions and verdict sheet to Court by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 4/28/2022 (Constantine, Lizza) |
| Filing 792 NOTICE by Diamond Resorts U.S. Collection Development, LLC OF PLAINTIFFS OBJECTIONS TO DEFENDANTS TRIAL DEPOSITION DESIGNATIONS FOR ROGER FLADEBOE (Keown, Lindy) |
| Filing 791 MOTION to Seal AND/OR REDACT CERTAIN PORTIONS OF CERTAIN EXHIBITS USED IN DEFENDANTS JOINT STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTIONS FOR SUMMARY JUDGMENT (ECF NO. 704), MOTION TO EXCLUDE JOHN JAROSZ (ECF NO. 708), AND PLAINTIFFS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (ECF NO. 739) per Local Rule 5.4 by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Smith, Sheena) |
| Filing 790 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #704 Statement,,, DEFENDANTS NOTICE OF FILING UNDESIGNATED EXHIBITS (ECF NO. #704 , #706 , #708 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Smith, Sheena) LINK Modified on 4/13/2022 (ail). |
| Filing 789 NOTICE by Diamond Resorts U.S. Collection Development, LLC re #739 Statement,,,, NOTICE OF FILING PREVIOUSLY MARKED CONFIDENTIAL EXHIBITS IN PLAINTIFFS STATEMENT OF MATERIAL FACTS IN OPPOSITION TO DEFENDANTS JOINT STATEMENT OF UNDISPUTED MATERIAL FACTS (DOC. NO. 704) AND IN SUPPORT OF PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit) (Keown, Lindy) |
| Filing 788 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Filing Previously Marked Confidential Exhibits in #698 Plaintiffs' Motion to Exclude Certain Testimony of Defendants' Proposed Expert Steven M. Berwick, and Incorporated Memorandum of Law (ECF No. 698) (Attachments: #1 Exhibit A) (Keown, Lindy)LINK Modified on 4/13/2022 (ail). |
| Filing 787 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Filing Previously Marked Confidential Exhibits in #732 Plaintiffs' Response in Opposition to Defendants' Motion to Exclude Testimony of Plaintiffs' Expert, Dr. Bruce Isaacson (ECF No. 732) (Attachments: #1 Exhibit A) (Keown, Lindy)LINK Modified on 4/13/2022 (ail). |
| Filing 786 NOTICE by Diamond Resorts U.S. Collection Development, LLC NOTICE OF FILING PREVIOUSLY MARKED CONFIDENTIAL EXHIBITS IN PLAINTIFFS #697 MOTION TO EXCLUDE THE TESTIMONY OF DR. JOHN CROTTS AND INCORPORATED MEMORANDUM OF LAW (ECF NO. 697) (Attachments: #1 Exhibit) (Keown, Lindy)LINK Modified on 4/13/2022 (ail). |
| Filing 785 MOTION to Seal a Portion of The Report of Expert Witness John C. Crotts, PHD per Local Rule 5.4 by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1) (Keown, Lindy) |
| Filing 784 NOTICE by Diamond Resorts U.S. Collection Development, LLC re #736 Response in Opposition to Motion, NOTICE OF FILING PREVIOUSLY MARKED CONFIDENTIAL EXHIBITS IN PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT, DAVID CARLSON (ECF NO. 736) (Attachments: #1 Exhibit, #2 Exhibit) (Keown, Lindy) |
| Filing 783 NOTICE by Diamond Resorts U.S. Collection Development, LLC re #735 Response in Opposition to Motion, NOTICE OF FILING PREVIOUSLY MARKED CONFIDENTIAL EXHIBITS IN PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT, JOHN JAROSZ (ECF NO. 735) (Attachments: #1 Exhibit, #2 Exhibit) (Keown, Lindy) |
| Filing 782 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Filing Previously Marked Confidential Exhibits in Plaintiffs' Motion to Exclude the Testimony of Defendants' Proposed Rebuttal Expert, Mark Van Der Laan, and Incorporated Memorandum of Law #699 MOTION to Strike and Exclude Testimony of Mark Van Der Laan ) (Attachments: #1 Exhibit) (Keown, Lindy) Link Modified on 4/13/2022 (ail). |
| SYSTEM ENTRY - Docket Entry 781 [misc] restricted/sealed until further notice. (1928277) |
| Filing 780 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC Defendants' Trial Counter-Deposition Designations of Roger Fladeboe (Goldstein, Jeremy) |
| Filing 779 RESPONSE in Opposition re #762 Defendant's MOTION to Bifurcate and Incorporated Memorandum of Law filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 4/13/2022. (Etscorn, James) |
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Filing 777
ORDER on Defendants' Motions for Summary Judgment #700 and #702 . Signed by Magistrate Judge Bruce E. Reinhart on 4/4/2022. See attached document for full details. (jgy)
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| Filing 776 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC Defendants' Trial Deposition Designations of Roger Fladeboe (Goldstein, Jeremy) |
| SYSTEM ENTRY - Docket Entry 778 [misc] restricted/sealed until further notice. (1675166) |
| Filing 775 NOTICE by Diamond Resorts U.S. Collection Development, LLC OBJECTIONS TO DEFENDANTS TRIAL COUNTER-DEPOSITION DESIGNATIONS (Keown, Lindy) |
| Filing 774 NOTICE by Diamond Resorts U.S. Collection Development, LLC Deposition Designations of Roger Fladeboe (Keown, Lindy) |
| Filing 773 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #767 Notice (Other) Reply Deposition Designation (Smith, Sheena) |
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Filing 772
PAPERLESS ORDER denying as moot #764 Plaintiffs' Motion to Strike, in light of the Court's Order #771 at page 22, footnote 2. Signed by Magistrate Judge Bruce E. Reinhart on 3/31/2022. (jgy)
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Filing 771
OMNIBUS ORDER ON DAUBERT MOTIONS. granting in part and denying in part #696 Motion to Strike; granting #697 Motion to Strike; granting in part and denying in part #698 Motion to Strike ; denying #699 Motion to Strike; granting #703 MOTION DEFENDANTS DAUBERT MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT DAVID CARLSON; denying #705 Motion in Limine; denying #706 Motion in Limine; denying #707 Motion in Limine; denying #708 Motion in Limine. Signed by Magistrate Judge Bruce E. Reinhart on 3/30/2022. See attached document for full details. (ail)
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| Set/Reset Deadlines as to #762 Defendant's MOTION to Bifurcate and Incorporated Memorandum of Law. Responses due by 4/7/2022 Replies due by 4/14/2022. SEE DE 769 PAPERLESS MINUTE (ail) |
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Filing 770
PAPERLESS Order Vacating #763 Order on Motion to Bifurcate. Defendants' Motion to Bifurcate at #762 is reopened. Responses and replies due in accordance with the deadlines set at DE 769. Signed by Magistrate Judge Bruce E. Reinhart on 3/29/2022. (jgy)
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Filing 769
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Oral Argument held on 3/29/2022. Total time in court: 2 hour(s) : 00 minutes. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. MINUTE ORDER: The Court will, by separate order, vacate its ruling on Defendants' Motion to Bifurcate. Plaintiffs shall file a Response to the Motion to Bifurcate by no later than April 7, 2022. Defendants Reply is due on or before April 14, 2022. The Court also directed the Parties to file their respective motions to file certain confidential exhibits under seal on or before April 12, 2022. Regarding Motions in Limine, the Parties may each file one Motion in Limine of no more than twenty pages addressing no more than ten issues. Those Motions in Limine are due on or before April 15, 2022. Responses to the Motions in Limine are due on or before April 25, 2022. No Replies shall be filed unless specifically ordered by the Court. The final Pretrial Conference on May 2, 2022 at 11:00am will be held IN PERSON. The Parties may bring to that hearing any IT personnel to assist them with technology preparations for trial. Finally, the Jury Trial set to begin on May 9, 2022 at 9:30am will begin instead at 9:00am . Signed by Magistrate Judge Bruce E. Reinhart on 3/29/2022. (jgy)
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| Filing 768 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #759 Notice (Other) Defendants' Counter-Deposition Designations (Smith, Sheena) |
| Filing 767 NOTICE by Diamond Resorts U.S. Collection Development, LLC re #760 Notice (Other) Objections And Counter-Designations To Defendants' Trial Deposition Designations (Keown, Lindy) |
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Filing 766
ORDER ON SCOPE OF ORAL ARGUMENT SET FOR MARCH 29, 2022. Signed by Magistrate Judge Bruce E. Reinhart on 3/22/2022. See attached document for full details. (jgy)
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| Filing 765 Plaintiff's RESPONSE to #761 Notice of Supplemental Authority,, by Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
| Filing 764 MOTION to Strike #754 Reply to Response to Motion,, #747 Reply to Response to Motion,, by Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/1/2022 (Keown, Lindy) |
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Filing 763
ORDER denying #762 Defendants' Motion to Bifurcate. Signed by Magistrate Judge Bruce E. Reinhart on 3/17/2022. See attached document for full details. (jgy)
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| Filing 762 Defendant's MOTION to Bifurcate and Incorporated Memorandum of Law by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 3/30/2022 (Constantine, Lizza) |
| Filing 761 Notice of Supplemental Authority re #700 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law Defendants supplemental authority in support of their Motion for Summary Judgment (MSJ) (ECF No. 700 & 702) and Daubert Motion to Exclude Testimony of Plaintiffs Expert, Dr. Bruce Isaacson (ECF No. 705) by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC (Smith, Sheena) |
| Filing 760 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC of Defendants' Deposition Designations (Constantine, Lizza) |
| Filing 759 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Plaintiffs' Deposition Designations (Keown, Lindy) |
| Filing 758 Witness List by Diamond Resorts U.S. Collection Development, LLC.. (Keown, Lindy) |
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Filing 757
PAPERLESS ORDER taking under advisement all pending Daubert Motions and Motions for Summary Judgment and setting IN PERSON ORAL ARGUMENT on the Motions for 3/29/2022 at 10:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. An Order providing more detailed information for the scope of the Hearing, including for which Daubert Motions the Court will hear argument, will be provided closer to the date of the hearing. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. Signed by Magistrate Judge Bruce E. Reinhart on 3/8/2022. (jgy)
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| Filing 756 RESPONSE in Support re #703 MOTION DEFENDANTS DAUBERT MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT DAVID CARLSON filed by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Smith, Sheena) |
| Filing 755 RESPONSE in Support re #708 MOTION in Limine DAUBERT MOTION TO EXCLUDE JOHN JAROSZ filed by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Constantine, Lizza) |
| Filing 754 Defendant's REPLY to Response to Motion re #705 MOTION in Limine DAUBERT MOTION TO EXCLUDE DR. BRUCE ISAACSON filed by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit A - Expert Report Submitted by Dr. Bruce Isaacson Measuring the Messages Communicated by Advertising Materials from The Newton Group, #2 Exhibit B - Deposition of Dr. Bruce Isaacson, #3 Exhibit C - Expert Report of Mark Keegan: Response to Expert Report of Dr. Bruce Isaacson)(Goldstein, Jeremy) |
| Filing 753 Cross-Petition / REPLY to #700 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law DEFENDANTS OMNIBUS REPLY IN SUPPORT OF DEFENDANTS MOTIONS FOR JUDGMENT (700 & 702) by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Smith, Sheena) |
| Filing 752 RESPONSE in Support re #707 MOTION in Limine Daubert Motion to Exclude Opinions and Testimony of Plaintiffs' Expert Arthur D. Burger and Incorporated Memorandum of Law filed by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Constantine, Lizza) |
| Filing 751 REPLY to Response to Motion re #699 MOTION to Strike and Exclude Testimony of Mark Van Der Laan filed by Diamond Resorts U.S. Collection Development, LLC. (Crossland, Brandon) |
| Filing 750 REPLY to Response to Motion re #697 MOTION to Strike and Exclude the Testimony of Dr. John Crotts filed by Diamond Resorts U.S. Collection Development, LLC. (Crossland, Brandon) |
| Filing 749 Defendant's REPLY to #739 Statement,,,, REPLY TO PLAINTIFFS STATEMENT OF ADDITIONAL MATERIAL FACTS by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit)(Smith, Sheena) |
| Filing 748 REPLY to Response to Motion re #698 MOTION to Strike and Exclude Testimony of Steven M. Berwick filed by Diamond Resorts U.S. Collection Development, LLC. (Crossland, Brandon) |
| Filing 747 Defendant's REPLY to Response to Motion re #706 MOTION in Limine DAUBERT MOTION TO EXCLUDE DR. JAIME BALDWIN filed by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit A - Expert Declaration of Jamie McClave Baldwin, #2 Exhibit B - Expert Witness Rebuttal Report by Mark Van Der Laan, #3 Exhibit C - Deposition Transcript of Mark Van Der Laan, #4 Exhibit D - Deposition Transcript of Dr. Jamie M. Baldwin, #5 Exhibit E - Deposition Transcript of Diane Charlotte Reeve)(Goldstein, Jeremy) |
| Filing 746 RESPONSE in Support re #696 MOTION to Strike and Exclude Testimony of DC Capital Law Firm LLP's Proposed Expert Witness, Jan Jacobowitz filed by Diamond Resorts U.S. Collection Development, LLC. (Brady, Julie) |
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Filing 745
PAPERLESS ORDER granting #744 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Bruce E. Reinhart on 2/28/2022. (jgy)
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| Filing 744 Unopposed MOTION for Leave to File Excess Pages DEFENDANTS UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT TO THEIR OMNIBUS REPLY IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT AND RESPONSE TO PLAINTIFFS STATEMENT OF MATERIAL FACTS IN OPPOSITION TO DEFENDANTS JOINT STATEMENT OF UNDISPUTED MATERIAL FACTS (DOC. NO. 704) AND IN SUPPORT OF PLAINTIFFS RESPONSES IN OPPOSITION TO DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Smith, Sheena) |
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Filing 743
ORDER denying #636 Defendants' Motion in Limine To Exclude Alleged Evidence of Plaintiffs' Financial Information and for Sanctions Under Fed. R. Civ. P. 37. Signed by Magistrate Judge Bruce E. Reinhart on 2/16/2022. See attached document for full details. (jgy)
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Filing 742
PAPERLESS ORDER granting #741 Joint Motion for Extension of Deadlines. The following deadlines are extended as follows: On or before March 14, 2022, designations of deposition testimony shall be filed; witness and exhibit lists shall be exchanged. On or before March 24, 2022, counter-designations of deposition testimony and objections to designations of deposition testimony shall be filed. On or before March 31, 2022, objections to counter-designations of deposition testimony shall be filed. On or before April 7, 2022, responses to objections to designations of deposition testimony shall be filed. All other deadlines remain in effect. Signed by Magistrate Judge Bruce E. Reinhart on 2/16/2022. (jgy)
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| Filing 741 Joint MOTION for Extension of Time to Exchange Deposition Designations, Trial Exhibit and Witness Lists re #724 Scheduling Order,,, Set/Reset Motion/R&R Deadlines and Hearings,, by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 3/2/2022 (Attachments: #1 Text of Proposed Order)(Smith, Sheena) |
| Filing 740 RESPONSE in Opposition re #700 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law, #702 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 2/22/2022. (Attachments: #1 Exhibit A)(Keown, Lindy) |
| Filing 739 Statement of: of Material Facts In Opposition to Defendants' Joint Statement of Undisputed Facts in Support of Plaintiffs' Responses in Opposition to Defendants' Motions for Summary Judgment by Diamond Resorts U.S. Collection Development, LLC re #704 Statement,,, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Appendix 1)(Keown, Lindy) |
| Filing 738 RESPONSE in Opposition re #698 MOTION to Strike and Exclude Testimony of Steven M. Berwick filed by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Replies due by 2/22/2022. (Constantine, Lizza) |
| Filing 737 RESPONSE in Opposition re #707 MOTION in Limine Daubert Motion to Exclude Opinions and Testimony of Plaintiffs' Expert Arthur D. Burger filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 2/22/2022. (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)(Crossland, Brandon) |
| Filing 736 RESPONSE in Opposition re #703 MOTION DEFENDANTS DAUBERT MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT DAVID CARLSON filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 2/22/2022. (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)(Crossland, Brandon) |
| Filing 735 RESPONSE in Opposition re #708 MOTION in Limine DAUBERT MOTION TO EXCLUDE JOHN JAROSZ filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 2/22/2022. (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)(Crossland, Brandon) |
| Filing 734 RESPONSE in Opposition re #697 MOTION to Strike and Exclude the Testimony of Dr. John Crotts filed by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Replies due by 2/22/2022. (Attachments: #1 Exhibit Exhibit 1 - Report of Expert Witness John C. Crotts, PHD, #2 Exhibit Exhibit 2 - Deposition of John C. Crotts, Ph.D., taken May 24, 2021, #3 Exhibit Confidential Exhibit 3 - Manuals, #4 Exhibit Exhibit 4 - Affidavit of Dr. John Crotts, Ph.D., #5 Exhibit Exhibit 5 - Antecedents of Dissatisfaction and Buyer Regret Among Timeshare Owners: A Difficult-Access Research Study)(Goldstein, Jeremy) |
| Filing 733 RESPONSE in Opposition re #706 MOTION in Limine DAUBERT MOTION TO EXCLUDE DR. JAIME BALDWIN filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 2/22/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Crossland, Brandon) |
| Filing 732 RESPONSE in Opposition re #705 MOTION in Limine DAUBERT MOTION TO EXCLUDE DR. BRUCE ISAACSON filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 2/22/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Crossland, Brandon) |
| Filing 731 Defendant's RESPONSE to #699 MOTION to Strike and Exclude Testimony of Mark Van Der Laan by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit Exhibit 1 - Expert Witness Rebuttal Report prepared by Mark Van Der Laan, Ph.D., #2 Exhibit Exhibit 2 - Expert Declaration of Jamie McClave Baldwin, Ph.D., #3 Exhibit Exhibit 3 - Deposition of Mark Van Der Laan, Ph.D. taken July 12, 2021, #4 Exhibit Exhibit 4 - Deposition of Dr. Jamie M. Baldwin taken May 28, 2021)(Goldstein, Jeremy) |
| Filing 730 RESPONSE in Opposition re #696 MOTION to Strike and Exclude Testimony of DC Capital Law Firm LLP's Proposed Expert Witness, Jan Jacobowitz filed by DC Capital Law Firm, LLP. Replies due by 2/22/2022. (Attachments: #1 Exhibit, #2 Exhibit)(Smith, Sheena) |
| Filing 729 NOTICE of Attorney Appearance by Jeremy Franklin Goldstein on behalf of DC Capital Law Firm, LLP. Attorney Jeremy Franklin Goldstein added to party DC Capital Law Firm, LLP(pty:dft). (Goldstein, Jeremy) |
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Filing 728
PAPERLESS ORDER granting #727 Plaintiff's Unopposed Motion to File Omnibus Response to Defendants' Motions for Summary Judgment and an Omnibus Additional Statement of Facts in Excess of the Page Limit. Plaintiff's omnibus Response shall not exceed 40 pages and its omnibus Additional Statement of Facts shall not exceed 15 pages. Signed by Magistrate Judge Bruce E. Reinhart on 2/11/2022. (jgy)
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| Filing 727 Unopposed MOTION for Leave to File Omnibus Response to Defendants' Motions for Summary Judgment and an Omnibus Additional Statement of Facts in Excess of the Page Limit by Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
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Filing 726
ORDER denying #701 Plaintiff's Motion for Leave to File Renewed Motion for Partial Summary Judgment as to Count II of the Third Amended Complaint. Signed by Magistrate Judge Bruce E. Reinhart on 2/1/2022. See attached document for full details. (jgy)
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| Filing 725 RESPONSE in Opposition re #701 MOTION for Leave to File Renewed Motion for Partial Summary Judgment as to Count II of the Third Amended Complaint filed by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Replies due by 1/31/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Smith, Sheena) |
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Filing 724
ORDER REVISING PRE-TRIAL DEADLINES AND RESETTING FINAL PRE-TRAIL CONFERENCE AND TRIAL: (Jury Trial set for 5/9/2022 09:30 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart., Pretrial Conference set for 5/2/2022 11:00 AM before Magistrate Judge Bruce E. Reinhart., Pretrial Stipulation due by 4/8/2022.), Responses due by 1/26/2022 re #701 MOTION for Leave to File Renewed Motion for Partial Summary Judgment as to Count II of the Third Amended Complaint filed by Diamond Resorts U.S. Collection Development, LLC. Signed by Magistrate Judge Bruce E. Reinhart on 1/13/2022. See attached document for full details. (pcs)
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| Filing 723 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 1/13/2022. Scheduling Order forthcoming. Total time in court: 0 hour(s) : 15 minutes. (Digital BER_2_1.13.2022) (jgy) |
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Filing 722
**TIME CHANGE ONLY** PAPERLESS Order Resetting Telephonic Status Conference originally set for 1/13/2022 at 1:00 PM for 1/13/2022 at 02:30 PM before Magistrate Judge Bruce E. Reinhart. Call-in instructions remain the same. Signed by Magistrate Judge Bruce E. Reinhart on 1/11/2022. (jgy)
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Filing 721
**TIME CHANGE ONLY** PAPERLESS Order Resetting Telephonic Status Conference originally set for 1/13/2022 at 11:00 AM for 1/13/2022 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Call-in instructions remain the same. Signed by Magistrate Judge Bruce E. Reinhart on 1/7/2022. (jgy)
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Filing 720
PAPERLESS Order setting a Telephonic Status Conference for 1/13/2022 at 11:00 AM before Magistrate Judge Bruce E. Reinhart to discuss the parties' joint proposed scheduling order at DE #719 . Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 1/3/2022. (jgy)
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| Filing 719 NOTICE by DC Capital Law Firm, LLP re #717 Order on Motion to Stay [JOINT PROPOSED] SCHEDULING ORDER (Smith, Sheena) |
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Filing 718
PAPERLESS Order Cancelling Final Pretrial Conference set for 1/18/2022 and Jury Trial set for 1/24/2022. The proceedings will be reset after the parties have filed the Proposed Amended Scheduling Order due January 3, 2022. Signed by Magistrate Judge Bruce E. Reinhart on 12/30/2021. (jgy)
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Filing 717
ORDER granting #716 Joint Motion to Stay. Signed by Magistrate Judge Bruce E. Reinhart on 11/22/2021. See attached document for full details. (jgy)
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| Filing 716 Joint MOTION to Stay Proceedings for 30 Days by Diamond Resorts U.S. Collection Development, LLC. Responses due by 12/6/2021 (Attachments: #1 Text of Proposed Order)(Crossland, Brandon) |
| Filing 715 TRANSCRIPT of telephonic discovery hearing held on 8-2-2021 before Magistrate Judge Bruce E. Reinhart, 1-72 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/19/2021. Redacted Transcript Deadline set for 10/29/2021. Release of Transcript Restriction set for 12/27/2021. (Savino, Dawn) |
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Filing 714
ORDER granting #713 Joint Motion for Sixty-Day Stay. Signed by Magistrate Judge Bruce E. Reinhart on 9/27/2021. See attached document for full details. (jgy)
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| Filing 713 Joint MOTION to Stay Proceedings for 60 Days by Diamond Resorts U.S. Collection Development, LLC. Responses due by 10/12/2021 (Attachments: #1 Text of Proposed Order)(Keown, Lindy) |
| Filing 712 MEDIATION REPORT by Howard A Tescher. Disposition: Adjourned.(Tescher, Howard) |
| SYSTEM ENTRY - Docket Entry 709 [misc] restricted/sealed until further notice. (1624498) |
| SYSTEM ENTRY - Docket Entry 710 [misc] restricted/sealed until further notice. (1018626) |
| SYSTEM ENTRY - Docket Entry 711 [misc] restricted/sealed until further notice. (1018626) |
| Filing 708 MOTION in Limine DAUBERT MOTION TO EXCLUDE JOHN JAROSZ by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Smith, Sheena) |
| Filing 707 MOTION in Limine Daubert Motion to Exclude Opinions and Testimony of Plaintiffs' Expert Arthur D. Burger by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Constantine, Lizza) |
| Filing 706 MOTION in Limine DAUBERT MOTION TO EXCLUDE DR. JAIME BALDWIN by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Smith, Sheena) |
| Filing 705 MOTION in Limine DAUBERT MOTION TO EXCLUDE DR. BRUCE ISAACSON by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Smith, Sheena) |
| Filing 704 Statement of: Defendants'Joint Statement of Undisputed Material Facts by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit)(Smith, Sheena) |
| Filing 703 MOTION DEFENDANTS DAUBERT MOTION TO EXCLUDE TESTIMONY OF PLAINTIFFS EXPERT DAVID CARLSON by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Smith, Sheena) |
| Filing 702 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 10/7/2021 (Smith, Sheena) |
| Filing 701 MOTION for Leave to File Renewed Motion for Partial Summary Judgment as to Count II of the Third Amended Complaint by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Appendix 1 to Exh. B, #4 Exhibit 1 to Exh. B, #5 Exhibit 2 to Exh. B, #6 Exhibit 3 to Exh. B, #7 Exhibit 4 to Exh. B, #8 Exhibit 5 to Exh. B, #9 Exhibit 6 to Exh. B, #10 Exhibit 7 to Exh. B, #11 Exhibit 8 to Exh. B, #12 Exhibit 9 to Exh. B, #13 Exhibit 10 to Exh. B, #14 Exhibit 11 to Exh. B, #15 Exhibit 12 to Exh. B, #16 Exhibit 13 to Exh. B, #17 Exhibit 14 to Exh. B, #18 Exhibit 15 to Exh. B)(Keown, Lindy) |
| Filing 700 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law by DC Capital Law Firm, LLP. Responses due by 10/7/2021 (Smith, Sheena) |
| Filing 699 MOTION to Strike and Exclude Testimony of Mark Van Der Laan by Diamond Resorts U.S. Collection Development, LLC. Responses due by 10/7/2021 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Crossland, Brandon) |
| Filing 698 MOTION to Strike and Exclude Testimony of Steven M. Berwick by Diamond Resorts U.S. Collection Development, LLC. Responses due by 10/7/2021 (Attachments: #1 Exhibit, #2 Exhibit)(Crossland, Brandon) |
| Filing 697 MOTION to Strike and Exclude the Testimony of Dr. John Crotts by Diamond Resorts U.S. Collection Development, LLC. Responses due by 10/7/2021 (Attachments: #1 Exhibit A, #2 Exhibit B)(Keown, Lindy) |
| Filing 696 MOTION to Strike and Exclude Testimony of DC Capital Law Firm LLP's Proposed Expert Witness, Jan Jacobowitz by Diamond Resorts U.S. Collection Development, LLC. Responses due by 10/7/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Keown, Lindy) |
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Filing 695
PAPERLESS ORDER granting #694 Joint Motion for Extension of Time to File Motions for Summary Judgment and Daubert Motions. Motions due by 9/23/2021. Signed by Magistrate Judge Bruce E. Reinhart on 9/22/2021. (jgy)
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| Filing 694 Joint MOTION for Extension of Time Joint Motion for One Day Extension of Time to File Motions for Summary Judgment and Daubert Motions by DC Capital Law Firm, LLP. Responses due by 10/6/2021 (Smith, Sheena) |
| Filing 693 TRANSCRIPT of Videoconference of the Evidentiary Hearing held on 08-26-21 before Magistrate Judge Bruce E. Reinhart, 1-129 pages, Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2021. Redacted Transcript Deadline set for 10/15/2021. Release of Transcript Restriction set for 12/13/2021. (Pastor-Hernandez, Gilda) |
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Filing 692
ORDER Denying #635 Diamond's Motion to Compel (see DE 691). Signed by Magistrate Judge Bruce E. Reinhart on 9/14/2021. See attached document for full details. (jgy)
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Filing 691
PAPERLESS ORDER denying #635 Diamond's Motion to Compel Production of Allegedly Privileged Documents and to Overrule Privilege Objections. Order to follow once official transcript has been issued. In light of the Court's forthcoming Order Denying the Motion to Compel, the parties shall confer and notify the Court of their availability for an evidentiary hearing regarding the claw back issue. Signed by Magistrate Judge Bruce E. Reinhart on 9/8/2021. (jgy)
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| Filing 690 STIPULATION Regarding Corrective Advertising Damages by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC (Constantine, Lizza) |
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Filing 689
PAPERLESS ORDER granting #686 Motion to Withdraw as Attorney. Javier Asis Lopez representing Newton Group Transfers, LLC (Defendant) and The Newton Group, ESA LLC (Defendant) and Interval Broker Direct, LLC (Defendant); and Newton Group Exit, LLC (Defendant); withdrawn from case. Newton Defendants will continue to be represented by S. Jonathan Vine, DE #661 , Lizza C. Constantine, DE #670 , Jeremy F. Goldstein, DE #671 , and Sheena D. Smith, DE #681 of Cole Scott & Kissane, P.A. Signed by Magistrate Judge Bruce E. Reinhart on 8/27/2021. (jgy)
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Filing 688
PAPERLESS ORDER granting #685 Motion to Withdraw as Attorney. Dwayne Antonio Robinson representing Newton Group Transfers, LLC (Defendant) and The Newton Group, ESA LLC (Defendant) and Interval Broker Direct, LLC (Defendant); and Newton Group Exit, LLC (Defendant) withdrawn from case. Newton Defendants will continue to be represented by S. Jonathan Vine, DE #661 , Lizza C. Constantine, DE #670 , Jeremy F. Goldstein, DE #671 , and Sheena D. Smith, DE #681 of Cole Scott & Kissane, P.A. Signed by Magistrate Judge Bruce E. Reinhart on 8/27/2021. (jgy)
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Filing 687
PAPERLESS ORDER granting #684 Motion to Withdraw as Attorney. Jeffrey Wittenberg representing Newton Group Transfers, LLC (Defendant) and The Newton Group, ESA LLC (Defendant) and Interval Broker Direct, LLC (Defendant); and Newton Group Exit, LLC (Defendant); withdrawn from case. Newton Defendants will continue to be represented by S. Jonathan Vine, DE #661 , Lizza C. Constantine, DE #670 , Jeremy F. Goldstein, DE #671 , and Sheena D. Smith, DE #681 of Cole Scott & Kissane, P.A. Signed by Magistrate Judge Bruce E. Reinhart on 8/27/2021. (jgy)
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| Filing 686 Unopposed MOTION to Withdraw as Attorney by Javier A. Lopez for / by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 9/10/2021 (Lopez, Javier) |
| Filing 685 Unopposed MOTION to Withdraw as Attorney by Dwayne A. Robinson for / by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 9/10/2021 (Robinson, Dwayne) |
| Filing 684 Unopposed MOTION to Withdraw as Attorney by Jeffrey Wittenberg for / by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 9/10/2021 (Robinson, Dwayne) |
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Filing 683
PAPERLESS ORDER RESETTING CERTAIN DEADLINES. As discussed at the Evidentiary Hearing held on today's date, all pretrial dispositive and non-dispositive motions, including summary judgment motions and Daubert motions shall be filed by September 22, 2021. Response and reply papers are due in accordance with Local Rule 7.1(c). All other deadlines outlined at DE #603 remain in place. Signed by Magistrate Judge Bruce E. Reinhart on 8/26/2021. (jgy)
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| Filing 682 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Evidentiary Hearing regarding Plaintiffs' Motion to Compel #635 held on 8/26/2021. Total time in court: 3 hour(s) : 25 minutes. Order to follow. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. (jgy) |
| Filing 681 NOTICE of Attorney Appearance by Sheena Danielle Smith on behalf of Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Attorney Sheena Danielle Smith added to party Interval Broker Direct, LLC(pty:dft), Attorney Sheena Danielle Smith added to party Newton Group Exit, LLC(pty:dft), Attorney Sheena Danielle Smith added to party Newton Group Transfers, LLC(pty:dft), Attorney Sheena Danielle Smith added to party The Newton Group, ESA LLC(pty:dft). (Smith, Sheena) |
| Filing 680 HEARING EXHIBITS AMENDED EXHIBIT LIST IN PREPARATION OF EVIDENTIARY HEARING ON PLAINTIFFS MOTION TO OVERRULE PRIVILEGE OBJECTIONS AND TO COMPEL PRODUCTION OF PRIVILEGED DOCUMENTS SCHEDULED FOR AUGUST 26, 2021 AT 11:00 A.M. 47 by DC Capital Law Firm, LLP. Related document: #679 Exhibit List, filed by DC Capital Law Firm, LLP, 674 Order,.(Smith, Sheena) |
| Filing 679 Exhibit List AMENDED EXHIBIT LIST IN PREPARATION OF EVIDENTIARY HEARING ON PLAINTIFFS MOTION TO OVERRULE PRIVILEGE OBJECTIONS AND TO COMPEL PRODUCTION OF PRIVILEGED DOCUMENTS SCHEDULED FOR AUGUST 26, 2021 AT 11:00 A.M. by DC Capital Law Firm, LLP.. (Smith, Sheena) |
| Filing 678 HEARING EXHIBITS FOR EVIDENCE TO BE USED AT EVIDENTIARY HEARING ON PLAINTIFFS MOTION TO OVERRULE PRIVILEGE OBJECTIONS AND TO COMPEL PRODUCTION OF PRIVILEGED DOCUMENTS SCHEDULED FOR AUGUST 26, 2021 AT 11:00 A.M. 8- A, 10- A, 11 - A by DC Capital Law Firm, LLP. Related document: #675 Exhibit List, filed by DC Capital Law Firm, LLP, 674 Order,. (Attachments: #1 Exhibit 8-A, #2 Exhibit 10-A, #3 Exhibit 11-A)(Smith, Sheena) |
| Filing 677 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Filing Exhibits for August 26, 2021 Hearing (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35) (Keown, Lindy) |
| Filing 676 HEARING EXHIBITS 1,2,3,4,5,6,7,8,9,10,11, 12-46 by DC Capital Law Firm, LLP. Related document: #675 Exhibit List, filed by DC Capital Law Firm, LLP, 674 Order,. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Smith, Sheena) |
| Filing 675 Exhibit List IN PREPARATION OF EVIDENTIARY HEARING ON PLAINTIFFS MOTION TO OVERRULE PRIVILEGE OBJECTIONS AND TO COMPEL PRODUCTION OF PRIVILEGED DOCUMENTS SCHEDULED FOR AUGUST 26, 2021 AT 11:00 A.M. by DC Capital Law Firm, LLP.. (Smith, Sheena) |
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Filing 674
PAPERLESS ORDER regarding Zoom Evidentiary Hearing scheduled for August 26, 2021 at 11:00am EST. The Zoom conference can be accessed at https://www.zoomgov.com/j/1612401886?pwd=bjlOQ0NYNnFvT3Zibi8zSEo5L1p0Zz09. The Meeting ID is 161 240 1886 and the Passcode is 892431. Signed by Magistrate Judge Bruce E. Reinhart on 8/24/2021. (jgy)
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Filing 673
FINAL ORDER OF DISMISSAL AS TO CONRAD SUSSMAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT SUSSMAN re #672 Stipulation of Dismissal, filed by Diamond Resorts U.S. Collection Development, LLC Signed by Magistrate Judge Bruce E. Reinhart on 8/23/2021. See attached document for full details. (ail)
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| Filing 672 STIPULATION of Dismissal with Prejudice as to the Estate of Robert Sussman by Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Exhibit A - Proposed Final Order of Dismissal as to Conrad Sussman, as Personal Representative of the Estate of Robert Sussman)(Tiblier, Christian) |
| Filing 671 NOTICE of Attorney Appearance by Jeremy Franklin Goldstein on behalf of Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Attorney Jeremy Franklin Goldstein added to party Interval Broker Direct, LLC(pty:dft), Attorney Jeremy Franklin Goldstein added to party Newton Group Exit, LLC(pty:dft), Attorney Jeremy Franklin Goldstein added to party Newton Group Transfers, LLC(pty:dft), Attorney Jeremy Franklin Goldstein added to party The Newton Group, ESA LLC(pty:dft). (Goldstein, Jeremy) |
| Filing 670 NOTICE of Attorney Appearance by Lizza Carola Constantine on behalf of Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Attorney Lizza Carola Constantine added to party Interval Broker Direct, LLC(pty:dft), Attorney Lizza Carola Constantine added to party Newton Group Exit, LLC(pty:dft), Attorney Lizza Carola Constantine added to party Newton Group Transfers, LLC(pty:dft), Attorney Lizza Carola Constantine added to party The Newton Group, ESA LLC(pty:dft). (Constantine, Lizza) |
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Filing 669
PAPERLESS ORDER granting #668 Joint Motion for Extension of Time. The parties shall have until August 31, 2021 to file their notice of dismissal. Signed by Magistrate Judge Bruce E. Reinhart on 8/13/2021. (jgy)
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| Filing 668 Joint MOTION for Extension of Time to File Notice of Dismissal Pursuant to D.E. 644 re #643 Notice of Settlement, 644 Order, by Diamond Resorts U.S. Collection Development, LLC. Responses due by 8/26/2021 (Tiblier, Christian) |
| Filing 667 NOTICE by Diamond Resorts U.S. Collection Development, LLC re #664 Order Setting/Cancelling Hearing, (Crossland, Brandon) |
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Filing 666
PAPERLESS ORDER granting #665 Plaintiffs' Motion for Extension of Time to Mediate. Mediation Deadline RESET to 11/24/2021. Signed by Magistrate Judge Bruce E. Reinhart on 8/12/2021. (jgy)
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| Filing 665 MOTION for Extension of Time to Mediate by Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
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Filing 664
Order Requiring Diamond to Respond to DC Capital's Request for the Court to conduct an in camera review by 8/13/2021 AND SETTING an Evidentiary Hearing Regarding #635 Diamond's Motion to Compel for 8/26/2021 at 11:00 AM before Magistrate Judge Bruce E. Reinhart. Zoom link will be provided prior to the hearing. Signed by Magistrate Judge Bruce E. Reinhart on 8/10/2021. See attached document for full details. (jgy)
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Filing 663
ORDER granting #662 Defendant's Unopposed Motion for Withdrawal of Attorney Richard R. Phelps. Richard R. Phelps representing Sussman, Conrad (Defendant) withdrawn from case. Signed by Magistrate Judge Bruce E. Reinhart on 8/10/2021. See attached document for full details. (jgy)
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| Filing 662 Unopposed MOTION to Withdraw as Attorney by Richard R. Phelps for / by Conrad Sussman. Responses due by 8/24/2021 (Phelps, Richard) |
| Filing 661 NOTICE of Attorney Appearance by S. Jonathan Vine on behalf of Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Attorney S. Jonathan Vine added to party Interval Broker Direct, LLC(pty:dft), Attorney S. Jonathan Vine added to party Newton Group Exit, LLC(pty:dft), Attorney S. Jonathan Vine added to party Newton Group Transfers, LLC(pty:dft), Attorney S. Jonathan Vine added to party The Newton Group, ESA LLC(pty:dft). (Vine, S.) |
| Filing 660 NOTICE by Diamond Resorts International, Inc. . Attorney Ryan Benjamin Witte added to party Diamond Resorts International, Inc.(pty:pla). (Attachments: #1 Exhibit Affidavit) (Witte, Ryan) |
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Filing 659
ORDER appointing Special Master. By consent of the parties, Ursula Ungaro, Esq., is appointed to serve as Special Master at specified depositions. The Clerk is directed to add Ms. Ungaro to the electronic service list. Signed by Magistrate Judge Bruce E. Reinhart See attached document for full details. (BER)
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Filing 658
PAPERLESS Order RESETTING Final Pretrial Conference in light of Court closure for federal holiday. The Final Pretrial Conference currently set for 1/17/22 @ 01:00 PM is RESET to 1/18/2022 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 8/2/2021. (jgy)
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Filing 657
ORDER MEMORIALIZING DISCOVERY HEARINGS from August 2, 2021 discovery hearing. See DE 655. Signed by Magistrate Judge Bruce E. Reinhart on 8/2/2021. See attached document for full details. (jgy)
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| Filing 656 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Upcoming Depositions Pursuant to Court's Order at August 2, 2021 Discovery Hearing (Keown, Lindy) |
| Filing 655 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 8/2/2021. Total time in court: 1 hour(s) : 40 minutes. Order Memorializing Discovery Rulings is forthcoming. (Digital BER_1_8.2.2021) (jgy) |
| Filing 654 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Joint Discovery Memorandum for August 2, 2021 Hearing (Attachments: #1 Exhibit 1 (Confidential), #2 Exhibit 2 (Confidential), #3 Exhibit 3 (Confidential), #4 Exhibit 4, #5 Exhibit 5 (Confidential), #6 Exhibit 6 (Confidential), #7 Exhibit 7, #8 Exhibit 8 (Confidential), #9 Exhibit 9 (Confidential), #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19 (Confidential), #20 Exhibit 20 (Confidential), #21 Exhibit 21 (Confidential), #22 Exhibit 22 (Confidential), #23 Exhibit 23 (Confidential), #24 Exhibit 24 (Confidential), #25 Exhibit 25 (Confidential), #26 Exhibit 26) (Keown, Lindy) |
| Filing 653 NOTICE by DC Capital Law Firm, LLP re #652 Response in Opposition to Motion, NOTICE OF FILING OF EXHIBITS IN SUPPORT OF DC CAPITAL LAW FIRM, LLPC RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION TO OVERRULE AND COMPEL (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Smith, Sheena) |
| Filing 652 RESPONSE in Opposition re #635 Plaintiff's MOTION to Compel Production of Allegedly Privileged Documents and to Overrule Privilege Objections DEFENDANT, DC CAPITAL LAW FIRM, LLPS, RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION TO OVERRULE AND COMPEL filed by DC Capital Law Firm, LLP. Replies due by 8/6/2021. (Smith, Sheena) |
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Filing 651
PAPERLESS Order RESETTING Discovery hearing previously set for 8/2/2021 at 02:00 PM for 8/2/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. **TIME CHANGE ONLY** Signed by Magistrate Judge Bruce E. Reinhart on 7/29/2021. (jgy)
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Filing 650
PAPERLESS Order setting Discovery Hearing for 8/2/2021 at 02:00 PM before Magistrate Judge Bruce E. Reinhart. The hearing will take place via telephone conference. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 7/28/2021. (jgy)
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| Filing 649 REPLY to Response to Motion re #636 Defendant's MOTION in Limine To Exclude Alleged Evidence of Plaintiffs' Financial Information andDefendant's MOTION for Sanctions Under Fed. Civ. Proc. Rule 37 filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit Confidential - Filed Under Seal, #2 Exhibit Confidential - Filed Under Seal)(Robinson, Dwayne) |
| Filing 647 RESPONSE in Opposition re #636 Defendant's MOTION in Limine To Exclude Alleged Evidence of Plaintiffs' Financial Information andDefendant's MOTION for Sanctions Under Fed. Civ. Proc. Rule 37 filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 7/23/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Keown, Lindy) |
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Filing 646
PAPERLESS ORDER granting #638 USCA/Mr. Portner's Motion for Protective Order and CANCELLING discovery hearing set for 7/21/21. Plaintiffs are ordered not to disclose any documents received in response to the bank subpoenas without further order from the Court. Signed by Magistrate Judge Bruce E. Reinhart on 7/16/2021. (jgy)
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| SYSTEM ENTRY - Docket Entry 648 [misc] restricted/sealed until further notice. (1624498) |
| Filing 645 Plaintiff's RESPONSE to 639 Order Setting/Cancelling Hearing,,, by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - 2021-06-01 Hearing Transcript)(Tiblier, Christian) |
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Filing 644
PAPERLESS ORDER regarding #635 Notice of Settlement between Plaintiffs and Conrad Sussman as Personal Representative of the Estate of Robert Sussman. The Court has received and reviewed the Notice of Settlement between Diamond and Conrad Sussman. On or before August 14, 2021, the parties shall file the appropriate pleading under Fed. R. Civ. P. 41 to voluntarily dismiss the claims against Conrad Sussman. Signed by Magistrate Judge Bruce E. Reinhart on 7/14/2021. (jgy)
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| Filing 643 NOTICE of Settlement between Plaintiffs and Conrad Sussman as Personal Representative of the Estate of Robert Sussman by Diamond Resorts U.S. Collection Development, LLC (Tiblier, Christian) |
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Filing 641
PAPERLESS ORDER granting #640 Defendant DC Capital's Motion for Extension of Time to Respond to #635 Plaintiffs' Motion to Compel. DC Capital shall file its Response by 5:00 PM on 7/30/2021. Signed by Magistrate Judge Bruce E. Reinhart on 7/14/2021. (jgy)
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| Filing 640 Unopposed MOTION for Extension of Time UNOPPOSED DC CAPITAL LAW FIRM, LLPS MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFFS MOTION TO OVERRULE PRIVILEGE OBJECTION AND TO COMPEL PRODUCTION OF ALLEGEDLY PRIVILEGED DOCUMENTS (ECF NO. 635) re #635 Plaintiff's MOTION to Compel Production of Allegedly Privileged Documents and to Overrule Privilege Objections by DC Capital Law Firm, LLP. Responses due by 7/27/2021 (Smith, Sheena) |
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Filing 639
PAPERLESS Order taking under advisement #638 Mr. Portner's Motion for Protective Order and setting a Discovery Hearing on the issue presented in that Motion for 7/21/2021 at 02:00 PM before Magistrate Judge Bruce E. Reinhart. The Court is specifically looking for clarification as to whether Plaintiffs sent the subpoenas at issue for the purpose of obtaining discovery in relation to their claims against the remaining Defendants, or whether they were sent for the purpose of collecting the contempt judgment against Mr. Portner and his companies.Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 7/13/2021. (jgy)
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| Filing 642 TRANSCRIPT of Discovery Hearing (Via Zoom) held on 6/22/21 before Magistrate Judge Bruce E. Reinhart, 1-50 pages, Court Reporter: Bonnie J. Lewis, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2021. Redacted Transcript Deadline set for 8/12/2021. Release of Transcript Restriction set for 10/12/2021. (hh) |
| Filing 638 MOTION for Protective Order by US Consumers Attorneys, P.A.. (Portner, Henry) |
| Filing 637 NOTICE by DC Capital Law Firm, LLP re #636 Defendant's MOTION in Limine To Exclude Alleged Evidence of Plaintiffs' Financial Information andDefendant's MOTION for Sanctions Under Fed. Civ. Proc. Rule 37 DEFENDANT DC CAPITAL LAW FIRM, LLPS NOTICE OF JOINDER (Smith, Sheena) |
| Filing 636 Defendant's MOTION in Limine To Exclude Alleged Evidence of Plaintiffs' Financial Information and, Defendant's MOTION for Sanctions Under Fed. Civ. Proc. Rule 37 by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Robinson, Dwayne) |
| Filing 635 Plaintiff's MOTION to Compel Production of Allegedly Privileged Documents and to Overrule Privilege Objections by Diamond Resorts U.S. Collection Development, LLC. Responses due by 7/16/2021 (Attachments: #1 Exhibit A - DCC's Fifth Amended Privilege Log, #2 Exhibit B - Olifant Email DC Capital 003121, #3 Exhibit C - First RFP to DC Capital, #4 Exhibit D - DCC's Responses to Diamond's First RFP, #5 Exhibit E - 2021-06-01 Hearing Transcript, #6 Exhibit F - Confidential Insurance Disclosure)(Crossland, Brandon) |
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Filing 634
ORDER granting in part and denying in part #597 Motion for Attorney Fees. Signed by Magistrate Judge Bruce E. Reinhart on 6/24/2021. See attached document for full details. (ail)
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Filing 633
ORDER Memorializing Discovery Rulings from June 22, 2021 discovery hearing. Signed by Magistrate Judge Bruce E. Reinhart on 6/22/2021. See attached document for full details. (jgy)
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| Filing 632 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 6/22/2021 via telephone conference. Total time in court: 1 hour(s) : 5 minutes. (Digital BER_1_6.22.2021) (jgy) |
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Filing 631
ORDER granting #630 Plaintiffs' Unopposed Motion for Extension of Time to File Motion to Compel. Signed by Magistrate Judge Bruce E. Reinhart on 6/22/2021. See attached document for full details. (jgy)
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| Filing 630 Unopposed MOTION for Extension of Time to file Motion to Compel with respect to DC Capital, LLP's Privilege Log by Diamond Resorts U.S. Collection Development, LLC. Responses due by 7/6/2021 (Tiblier, Christian) |
| Filing 629 Notice of Supplemental Authority re #628 Notice (Other), Joint Memorandum for 06-22-2021 Hearing by Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Supplement Alvarez v. Sch. Bd.) (Keown, Lindy) |
| Filing 628 NOTICE by DC Capital Law Firm, LLP re 626 Order Setting/Cancelling Hearing,, of Joint Discovery Memorandum (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit) (Smith, Sheena) |
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Filing 627
PAPERLESS ORDER granting #614 Motion for additional deposition time. Going forward, deposition time shall be equally divided among all defendants who notice a deposition, unless the defendants agree otherwise. For purposes of this Order, the Newton Defendants collectively shall be treated as one defendant. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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Filing 626
PAPERLESS Order setting a Discovery Hearing at the request of the parties. The Discovery Hearing will take place on 6/22/2021 at 03:30 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 6/8/2021. (jgy)
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| Filing 625 RESPONSE to Motion re #614 Defendant's MOTION DEFENDANTS MOTION FOR LEAVE TO ALLOW ADDITIONAL TIME TO DEPOSE PLAINTIFFS EXPERT, BRUCE ISAACSON filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 6/15/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Crossland, Brandon) |
| Filing 624 TRANSCRIPT of hearing held via zoom on 6/1/21 before Magistrate Judge Bruce E. Reinhart, 1-81 pages, Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/28/2021. Redacted Transcript Deadline set for 7/8/2021. Release of Transcript Restriction set for 9/7/2021. (tnr) |
| SYSTEM ENTRY - Docket Entry 623 [misc] restricted/sealed until further notice. (1624498) |
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Filing 622
ORDER Memorializing Discovery Rulings re: Discovery hearing conducted on June 1, 2021. Signed by Magistrate Judge Bruce E. Reinhart on 6/2/2021. See attached document for full details. (jgy)
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| Filing 621 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 6/1/2021 via Zoom. Total time in court: 1 hour(s) : 30 minutes. Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@flsd.uscourts.gov. (jgy) |
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Filing 620
ORDER denying #607 Plaintiffs' Motion Seeking Additional Depositions. Signed by Magistrate Judge Bruce E. Reinhart on 5/31/2021. See attached document for full details. (jgy)
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| Filing 619 NOTICE by DC Capital Law Firm, LLP re #615 Notice (Other),, Notice of Filing Third Amended Privilege Log (Attachments: #1 Exhibit Third Amended Privilege Log) (Smith, Sheena) |
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Filing 618
OMNIBUS DISCOVERY ORDER Regarding DEs #615 and #616 . Signed by Magistrate Judge Bruce E. Reinhart on 5/31/2021. See attached document for full details. (jgy)
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Filing 617
PAPERLESS ORDER regarding the discovery hearing set for June 1, 2021 at 2:30pm. The discovery hearing will TAKE PLACE VIA ZOOM. The parties will receive an email with the zoom information in the coming days. Signed by Magistrate Judge Bruce E. Reinhart on 5/28/2021. (jgy)
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| Filing 616 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC of Joint Discovery memorandum Regarding Newton Defendant Issues for June 1, 2021 Hearing (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit) (Lopez, Javier) |
| Filing 615 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Joint Discovery Memorandum (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit) (Tiblier, Christian) |
| Filing 614 Defendant's MOTION DEFENDANTS MOTION FOR LEAVE TO ALLOW ADDITIONAL TIME TO DEPOSE PLAINTIFFS EXPERT, BRUCE ISAACSON by DC Capital Law Firm, LLP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Smith, Sheena) |
| Filing 613 RESPONSE in Opposition re #607 MOTION Seeking Additional Depositions filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Replies due by 6/1/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Lopez, Javier) |
| Filing 612 RESPONSE in Opposition re #607 MOTION Seeking Additional Depositions filed by Conrad Sussman. Attorney John Joseph Bennett added to party Conrad Sussman(pty:dft). Replies due by 6/1/2021. (Bennett, John) |
| Filing 611 RESPONSE in Opposition re #607 MOTION Seeking Additional Depositions filed by DC Capital Law Firm, LLP. Replies due by 6/1/2021. (Smith, Sheena) |
| Filing 610 REPLY to Response to Motion re #597 Plaintiff's MOTION for Attorney Fees filed by Diamond Resorts U.S. Collection Development, LLC. (Brady, Julie) |
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Filing 609
ORDER denying #596 Plaintiffs' Motion for Reconsideration of #575 Order on Motion for Order to Show Cause. Signed by Magistrate Judge Bruce E. Reinhart on 5/20/2021. See attached document for full details. (jgy)
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Filing 608
PAPERLESS Order RESETTING Discovery Hearing. Discovery Hearing previously set for 6/1/2021 at 1:00 PM is RESET for 6/1/2021 at 2:30 PM before Magistrate Judge Bruce E. Reinhart. **TIME CHANGE ONLY** Signed by Magistrate Judge Bruce E. Reinhart on 5/19/2021. (jgy)
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| Filing 607 MOTION Seeking Additional Depositions by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Crossland, Brandon) |
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Filing 606
PAPERLESS ORDER Cancelling Fairness Hearing set for 5/26/2021 at 2:30pm. DE 605 was entered in error. Please disregard. Signed by Magistrate Judge Bruce E. Reinhart on 5/17/2021. (jgy)
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Filing 605
PAPERLESS Order setting Telephonic Fairness Hearing: The Court is in receipt of the parties' Joint Motion for Settlement Approval and Dismissal with Prejudice #47 and their fully-executed settlement agreement. Pursuant to Lynn's Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982),a Fairness Hearing is set for 5/26/2021 at 02:30 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 5/17/2021. (jgy)
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| Filing 604 TRANSCRIPT of telephonic discovery hearing held on 5-12-2021 before Magistrate Judge Bruce E. Reinhart, 1-75 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/12/2021. (Savino, Dawn) |
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Filing 603
ORDER EXTENDING DEADLINES: Jury Trial set for 1/24/2022 at 9:00 AM before Magistrate Judge Bruce E. Reinhart. Pretrial Conference set for 1/17/2022 at 1:00 PM before Magistrate Judge Bruce E. Reinhart. Discovery due by 8/15/2021. In Limine Motions due by 12/1/2021. Dispositive Motions due by 9/15/2021. Pretrial Stipulation due by 12/20/2021. Signed by Magistrate Judge Bruce E. Reinhart on 5/14/2021. See attached document for full details. (ail)
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| Filing 601 RESPONSE in Opposition re #597 Plaintiff's MOTION for Attorney Fees filed by Henry Neil Portner. Replies due by 5/20/2021. (Portner, Henry) |
| Filing 600 RESPONSE in Opposition re #596 Plaintiff's MOTION for Reconsideration re #575 Order on Motion for Order to Show Cause, as to Its Determination Regarding Liquidated Damages filed by Henry Neil Portner. Replies due by 5/20/2021. (Portner, Henry) |
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Filing 599
PAPERLESS Order setting a Discovery Hearing for 6/1/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart to discuss any pending discovery issues to date. The parties shall submit their joint discovery memo by May 28, 2021 at 5:00 PM. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 5/12/2021. (jgy)
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Filing 598
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephonic Case Management Status Conference held on 5/12/2021. Total time in court: 1 hour(s) : 45 minutes. (Digital BER_1_5.12.2021). MINUTE ORDER : Plaintiffs shall file their motion seeking additional depositions pursuant to Fed.R.Civ.P. Rules 30 and 31 by May 17, 2021 at 5:00pm. Defendants shall file their response by May 24, 2021 at 5:00pm. Signed by Magistrate Judge Bruce E. Reinhart on 5/12/2021. The Court will enter a separate order extending the deadlines as discussed at the status conference. (jgy)
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| Filing 602 TRANSCRIPT of Discovery Hearing held on 4/26/2021 before Magistrate Judge Bruce E. Reinhart, 1-46 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2021. Redacted Transcript Deadline set for 6/10/2021. Release of Transcript Restriction set for 8/9/2021. (apz) |
| Filing 597 Plaintiff's MOTION for Attorney Fees by Diamond Resorts U.S. Collection Development, LLC. Responses due by 5/24/2021 (Attachments: #1 Exhibit Declaration of J. Brady, #2 Exhibit Ex. A to Dec. of J. Brady, #3 Exhibit Ex. B to Dec. of J. Brady, #4 Exhibit Ex. C to Dec. of J. Brady, #5 Exhibit Ex. D to Dec. of J. Brady, #6 Exhibit Ex. E to Dec. of J. Brady, #7 Exhibit Ex. F to Dec. of J. Brady, #8 Exhibit Ex. G to Dec. of J. Brady, #9 Exhibit Chart)(Brady, Julie) |
| Filing 596 Plaintiff's MOTION for Reconsideration re #575 Order on Motion for Order to Show Cause, as to Its Determination Regarding Liquidated Damages by Diamond Resorts U.S. Collection Development, LLC. (Brady, Julie) |
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Filing 595
PAPERLESS ORDER SETTING STATUS CONFERENCE.The telephonic case management status conference is set for 5/12/2021 at 04:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 5/4/2021. (jgy)
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Filing 594
PAPERLESS ORDER Memorializing discovery ruling from April 26, 2021 discovery hearing: As stated at the hearing, The Newton Group is permitted to serve an additional interrogatory on Plaintiffs for the purpose of asking for a list of consumers who they are claiming are at issue in Lanham Act and FDUTPA claims. This additional interrogatory supplements the number of interrogatories previously authorized. Plaintiffs are ordered to respond to the interrogatory within 15 calendar days of the date of service of the interrogatory. Signed by Magistrate Judge Bruce E. Reinhart on 5/4/2021. (jgy)
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Filing 593
ORDER Memorializing Discovery Rulings from April 26, 2021 discovery hearing. Signed by Magistrate Judge Bruce E. Reinhart on 5/4/2021. See attached document for full details. (jgy)
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| SYSTEM ENTRY - Docket Entry 592 [misc] restricted/sealed until further notice. (1624498) |
| Filing 591 NOTICE of Attorney Appearance by Kristen Hawes Luck on behalf of Diamond Resorts U.S. Collection Development, LLC. Attorney Kristen Hawes Luck added to party Diamond Resorts U.S. Collection Development, LLC(pty:pla). (Luck, Kristen) |
| Filing 590 TRANSCRIPT of Discovery Hearing held on 4/15/2021 before Magistrate Judge Bruce E. Reinhart, 1-39 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/26/2021. (apz) |
| Filing 589 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 4/26/2021. Total time in court: 0 hour(s) : 55 minutes. Order forthcoming. Additionally, the parties shall have until April 28, 2021 at 5:00pm to notify the Court whether they have resolved the attorney-client privilege objection to request no. 5. (Digital BER_1_4.26.2021) (jgy) |
| Filing 588 NOTICE by DC Capital Law Firm, LLP re #587 Notice (Other) NOTICE OF FILING OF DECLARATION OF NADINE CHABRIER IN ANTICIPATION OF APRIL 26, 2021 DISCOVERY HEARING (Attachments: #1 Exhibit Declaration of Nadine Chabrier) (Smith, Sheena) |
| Filing 587 NOTICE of Joint Discovery Memorandum for April 26, 2021 Hearing by Diamond Resorts U.S. Collection Development, LLC (Keown, Lindy) |
| SYSTEM ENTRY - Docket Entry 585 [misc] restricted/sealed until further notice. (1624498) |
| SYSTEM ENTRY - Docket Entry 584 [misc] restricted/sealed until further notice. (1624498) |
| SYSTEM ENTRY - Docket Entry 586 [misc] restricted/sealed until further notice. (1624498) |
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Filing 583
PAPERLESS Minute Entry and Paperless Order memorializing discovery rulings for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 4/15/2021. Total time in court: 0 hour(s) : 48 minutes.(Digital BER_1_4.15.2021).Diamond is hereby ordered to amend its response to Newton's Fourth Set of Interrogatories to include (1) a verified response and (2) the file name endings for the ninety-six Diamond owners associated with its tortuous interference claims. Diamond is ordered to submit its amended response by April 22, 2021 at 5:00 p.m. Diamond is also ordered to amend its response to Newton's Third Set of Interrogatories to include a verified response. Finally, the parties are ordered to file under seal any confidential exhibits submitted to the Court for today's hearing. Signed by Magistrate Judge Bruce E. Reinhart on 4/15/2021, (jgy)
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| Filing 582 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #581 Notice (Other),, of Filing Exhibit 9 to Joint Discovery Memorandum for April 15, 2021 Hearing (Attachments: #1 Exhibit 9-Diamonds 2nd Am Initial Disclosusres) (Lopez, Javier) |
| Filing 581 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC of Joint Discovery Memorandum for April 15, 2021 Hearing (Attachments: #1 Exhibit A-Newton ROG4 to Diamond US, #2 Exhibit 2-Newton ROG4 to Diamond HW, #3 Exhibit Diamond US Response to Newton Group, #4 Exhibit 4-Diamond HI Response to Newton 4 ROGS, #5 Exhibit 5-April 9 TR, #6 Exhibit 6-Confidential, #7 Exhibit 7-Confidential, #8 Exhibit 8-Confidential) (Lopez, Javier) |
| Filing 580 CERTIFICATE of Counsel re #575 Order on Motion for Order to Show Cause, Compliance with Order of Contempt by Henry Neil Portner on behalf of Henry Neil Portner (Portner, Henry) |
| Filing 579 TRANSCRIPT of Telephonic Discovery Hearing (Transcribed from the Audio Recording) held on April 9, 2021, before Magistrate Judge Bruce E. Reinhart, 1-43 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/3/2021. Redacted Transcript Deadline set for 5/12/2021. Release of Transcript Restriction set for 7/12/2021. (le) |
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Filing 577
PAPERLESS ORDER memorializing discovery rulings from the Telephonic Discovery Hearing held on 4/9/21 at 1:00pm 576 . Regarding the first issue outlined by the parties in their Joint Discovery Memo at #572 , Diamond's request to de-designate Newton's client list from attorneys' eyes only to confidential is GRANTED, however, Diamond is ordered not to disclose the client list to anyone affiliated with the Defendants who have already been dismissed from this lawsuit. Regarding the second issue outlined in #572 , Newton's objection to Diamond's response/objection to Newton's interrogatories requesting the average price per point is DENIED WITHOUT PREJUDICE. Newton may raise this issue again if, after reviewing the responsive documents, it finds that there is not enough data to make a computation for the average point price in any particular year(s). The parties are instructed, however, to meet and confer about this issue before bringing it back to the Court. Signed by Magistrate Judge Bruce E. Reinhart on 4/9/2021. (jgy)
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| Filing 576 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 4/9/2021. Total time in court: 0 hour(s) : 54 minutes. (Digital BER_1_4.9.2021) (jgy) |
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Filing 575
Order of Contempt re: #471 Motion for Order to Show Cause Why Defendant Henry Portner, Esq. and Non-Parties Timeshare Attorneys of America and Attorney Advocates of America Should not be Held in Contempt. Signed by Magistrate Judge Bruce E. Reinhart on 4/9/2021. See attached document for full details. (jgy)
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| SYSTEM ENTRY - Docket Entry 578 [misc] restricted/sealed until further notice. (1624498) |
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Filing 574
PAPERLESS Order. At the request of the parties, the Court will conduct a Telephonic Discovery Hearing on 4/26/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart to address (1) DC Capital's Notice of Objections to Plaintiffs' Notice of Intent to Serve Subpoenas dated April 2, 2021;(2) The Newton Group's objections to aspects of Plaintiffs' subpoena; and (3) The Newton Defendants production of "correspondence/advertising." Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 4/7/2021. (jgy) Signed by Magistrate Judge Bruce E. Reinhart on 4/7/2021. (jgy)
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Filing 573
PAPERLESS Order. At the request of the parties, the Court will conduct a Telephonic Discovery Hearing on 4/15/2021 at 11:00 AM before Magistrate Judge Bruce E. Reinhart to address Plaintiffs' responses to The Newton Group's Fourth Set of Interrogatories. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 4/7/2021. (jgy)
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| Filing 572 NOTICE by Diamond Resorts U.S. Collection Development, LLC Joint Discovery Memorandum for April 9, 2021 Hearing (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) (Crossland, Brandon) |
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Filing 571
PAPERLESS ORDER GRANTING #570 Plaintiffs' Motion for Reconsideration, VACATING the Court's Order on Motion for Default Judgment #557 , and DENYING WITHOUT PREJUDICE Plaintiffs Motion for Final Default Judgment against 1PlanetMedia, Inc. #550 . A final judgment already exists against 1Planet Media, Inc. If Plaintiffs seek to amend that final judgment to specifically address issues of liability and/or monetary damages, they may file a separate motion identifying the Courts authority and jurisdiction to amend the final judgment at this time. But see Fed R. Civ. P. 59(e) (A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.). Signed by Magistrate Judge Bruce E. Reinhart on 4/5/2021. (jgy)
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| Filing 570 Plaintiff's MOTION for Reconsideration re #557 Order on Motion for Default Judgment by Diamond Resorts U.S. Collection Development, LLC. (Etscorn, James) |
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Filing 569
PAPERLESS Order setting Telephonic Discovery Hearing at the request of the parties for 4/9/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 3/23/2021. (jgy)
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Filing 568
ORDER denying #567 Plaintiff's Motion for Extension of Time to Disclose Experts as to Conrad Sussman as the Personal Representative of the Estate of Robert Sussman. Signed by Magistrate Judge Bruce E. Reinhart on 3/23/2021. See attached document for full details. (jgy)
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| Filing 567 MOTION for Extension of Time to Disclose Experts as to Conrad Sussman as the Personal Representative of the Estate of Robert Sussman by Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/5/2021 (Keown, Lindy) |
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Filing 566
PAPERLESS ORDER denying #565 Plaintiffs' Motion for Extension of Time for Expert Disclosures as to Defendant Conrad Sussman as the Personal Representative of the Estate of Robert Sussman. Plaintiffs motion lacks sufficient specific facts to meet their burden of establishing good cause to extend the deadline. Signed by Magistrate Judge Bruce E. Reinhart on 3/19/2021. (jgy)
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| Filing 565 MOTION for Extension of Time for Expert Disclosures by Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/1/2021 (Attachments: #1 Proposed Order)(Tiblier, Christian) |
| Filing 564 NOTICE of Attorney Appearance by Christian Tiblier on behalf of Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Attorney Christian Tiblier added to party Diamond Resorts Corporation(pty:pla), Attorney Christian Tiblier added to party Diamond Resorts International, Inc.(pty:pla), Attorney Christian Tiblier added to party Diamond Resorts Management, Inc.(pty:pla), Attorney Christian Tiblier added to party Diamond Resorts U.S. Collection Development, LLC(pty:pla). (Tiblier, Christian) |
| Filing 563 TRANSCRIPT of Motion Hearing held on 9/23/2020 before Magistrate Judge Bruce E. Reinhart, 1-38 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/6/2021. Redacted Transcript Deadline set for 4/16/2021. Release of Transcript Restriction set for 6/14/2021. (apz) |
| Filing 562 TRANSCRIPT of Discovery Hearing held on 9/13/2019 before Magistrate Judge Bruce E. Reinhart, 1-31 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/6/2021. Redacted Transcript Deadline set for 4/16/2021. Release of Transcript Restriction set for 6/14/2021. (apz) |
| Filing 561 TRANSCRIPT of Telephonic Status Conference held on 6/15/2020 before Magistrate Judge Bruce E. Reinhart, 1-29 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/6/2021. Redacted Transcript Deadline set for 4/16/2021. Release of Transcript Restriction set for 6/14/2021. (apz) |
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Filing 560
SUPPLEMENTAL DISCOVERY ORDER sustaining Plaintiffs' objection to RFP 171. Signed by Magistrate Judge Bruce E. Reinhart on 3/16/2021. See attached document for full details. (jgy)
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Filing 557
ORDER denying #550 Plaintiffs' Motion for Default Judgment. Signed by Magistrate Judge Bruce E. Reinhart on 3/16/2021. See attached document for full details. (jgy)
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Filing 559
Clerks Entry of Default as to Pluto Marketing, Inc. - Motions Terminated: #552 Motion for Default Judgment per Order Directing Clerk to Enter Default Re: #558 Order Directing Clerk to Enter Default. Signed by Magistrate Judge Bruce E. Reinhart on 3/15/2021. (amb)
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Filing 558
ORDER ON MOTION FOR DEFAULT [ECF No. 552]. Order Directing Clerk to Enter Default(s) as to Pluto Marketing Inc. Signed by Magistrate Judge Bruce E. Reinhart on 3/15/2021. See attached document for full details. (amb)
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| Filing 556 TRANSCRIPT of Hearing held on 2/26/21 before Magistrate Judge Bruce E. Reinhart, 1-53 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/29/2021. Redacted Transcript Deadline set for 4/8/2021. Release of Transcript Restriction set for 6/7/2021. (hh) |
| Filing 555 Corrected Transcript - corrected title page - and Notice of Correction of Show Cause Hearing held on 2/3/2021 before Magistrate Judge Bruce E. Reinhart, 1-131 pages, re: #525 Transcript,, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (ilz) |
| Filing 554 TRANSCRIPT of Show Cause Hearing held on 2/16/2021 before Magistrate Judge Bruce E. Reinhart, 1-133 pages, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/22/2021. Redacted Transcript Deadline set for 4/1/2021. Release of Transcript Restriction set for 6/1/2021. (ilz) |
| Filing 553 TRANSCRIPT of Evidentiary Hearing held on 12/10/2020 before Magistrate Judge Bruce E. Reinhart, 1-180 pages, Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/22/2021. Redacted Transcript Deadline set for 4/1/2021. Release of Transcript Restriction set for 6/1/2021. (jfi) |
| Filing 552 MOTION for Default Judgment Against Defendant Pluto Marketing Inc by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Crossland, Brandon) |
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Filing 551
PAPERLESS ORDER regarding the discovery issues outlined at #543 : For the reasons stated on the record at 549 , with regard to the confidentiality issue, the request is granted in part and denied in part with the specific parameters for confidentiality outlined on the record. The Court declined to rule on the 30(b)(6) deposition issue for the reasons stated on the record. Signed by Magistrate Judge Bruce E. Reinhart on 2/26/2021. (jgy)
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| Filing 550 Plaintiff's MOTION for Default Judgment by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B)(Crossland, Brandon) |
| Filing 549 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 2/26/2021. Total time in court: 1 hour(s) : 12 minutes. (Digital BER_1_2.26.2021) (jgy) |
| Filing 548 TRANSCRIPT of Discovery Hearing Via Videoconference held on 12/2/2020 before Magistrate Judge Bruce E. Reinhart, 1-109 pages, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/19/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/27/2021. (ilz) |
| Filing 547 TRANSCRIPT of Discovery Hearing held on 2/10/2021 before Magistrate Judge Bruce E. Reinhart, 1-129 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/26/2021. (apz) |
| Filing 546 Notice of Supplemental Authority re #533 Order by Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Exhibit 1) (Keown, Lindy) |
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Filing 545
ORDER granting in part and denying in part #544 Defendant DC Capital Law's Expedited Motion for Partial Reconsideration of the Court's Order on Attorney-Client Privilege and Work Product Privilege, Motion for Clarification, and Motion for Extension of Time to Produce Documents. Signed by Magistrate Judge Bruce E. Reinhart on 2/24/2021. See attached document for full details. (jgy)
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| Filing 544 EXPEDITED MOTION MOTION FOR PARTIAL RECONSIDERATION OF THE COURTS ORDER ON ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT PRIVILEGE, MOTION FOR CLARIFICATION, AND MOTION FOR EXTENSION OF TIME TO PRODUCE DOCUMENTS re #535 Order by DC Capital Law Firm, LLP. (Attachments: #1 Exhibit Declaration of Michelle Cumberland)(Smith, Sheena) |
| Filing 543 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re 542 Order Setting/Cancelling Hearing,, of Joint Discovery Memorandum for February 26, 2021 Hearing (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit Publicly Available Zhao Presentation, #4 Exhibit Reeve Deposition Transcript, #5 Exhibit Hernandez Transcript, #6 Exhibit Time Shares Scams, #7 Exhibit 20-03-03 Transcript) (Robinson, Dwayne) |
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Filing 542
PAPERLESS Order setting Discovery Hearing at the request of the parties. Discovery Hearing set for 2/26/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. The parties are also directed to review the Court's Amended Standing Discovery Order #311 (specifically section G, paragraph two) prior to the hearing. Signed by Magistrate Judge Bruce E. Reinhart on 2/17/2021. (jgy)
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Filing 541
PAPERLESS ORDER granting #531 Defendant Henry Portner's Motion for Leave to File Rebuttal Documents to Supplement Record for the reasons stated on the record at the Show Cause hearing on February 16, 2021. Signed by Magistrate Judge Bruce E. Reinhart on 2/16/2021. (jgy)
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| Filing 540 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Show Cause Hearing held on 2/16/2021. Total time in court: 3 hour(s) : 20 minutes. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (jgy) |
| Filing 539 HEARING EXHIBITS for 2/16/21 Motion to Supplement Record+ 15-24 by Henry Neil Portner. (Portner, Henry) |
| Filing 538 Notice of Supplemental Authority re #515 Order to Show Cause, by Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Keown, Lindy) |
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Filing 537
DISCOVERY CONFIDENTIALITY ORDER. Signed by Magistrate Judge Bruce E. Reinhart on 2/12/2021. See attached document for full details. (amb)
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Filing 536
PAPERLESS ORDER granting in part and denying in part #526 Motion for Discovery. See ECF No. #533 . Signed by Magistrate Judge Bruce E. Reinhart (BER)
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Filing 535
Order on #468 DC Capital Law Firm, LLP's Claim of Attorney Client and Work Product Privilege. Signed by Magistrate Judge Bruce E. Reinhart on 2/11/2021. See attached document for full details. (jgy)
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Filing 534
PAPERLESS ORDER taking under advisement #531 Defendant Henry Portner's Motion for Leave to File Rebuttal Documents to Supplement Record. The issue will be addressed at the continued Show Cause hearing set for 2/16/2021 at 01:00 PM Signed by Magistrate Judge Bruce E. Reinhart on 2/11/2021. (jgy)
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Filing 533
ORDER MEMORIALIZING DISCOVERY RULINGS. Signed by Magistrate Judge Bruce E. Reinhart on 2/11/2021. See attached document for full details. (amb)
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| Filing 532 MEMORANDUM of Law re #531 Defendant's MOTION for Leave to File Rebuttal Documents to Supplement Record by Henry Neil Portner. (Portner, Henry) |
| Filing 531 Defendant's MOTION for Leave to File Rebuttal Documents to Supplement Record by Henry Neil Portner. (Portner, Henry) |
| Filing 530 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing on ECF Nos. 523, 524, 526 held on 2/10/2021. Written order memorializing rulings to follow. Total time in court: 3 hours. (Digital BER_1_2.10.2021) (hk02) |
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Filing 529
PAPERLESS ORDER denying without prejudice #528 Defendant Henry Portner's Motion for Leave to File and to Supplement Record. The Motion as filed does not comply with Local Rule 7.1(a)(3)'s conferral certification requirement. Any amended motion must comply with the Local Rule. Signed by Magistrate Judge Bruce E. Reinhart on 2/10/2021. (jgy)
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| Filing 528 MOTION for Leave to File and to Supplement Record by Henry Neil Portner. (Portner, Henry) |
| Filing 527 NOTICE by DC Capital Law Firm, LLP re #526 Joint MOTION for Discovery JOINT DISCOVERY MEMORANDUM FOR FEBRUARY 10, 2021 HEARING (Attachments: #1 Exhibit Chart of Amended Privilege Log Entries at Issue at February 10, 2021 Discovery Hearing) (Smith, Sheena) |
| Filing 526 Joint MOTION for Discovery JOINT DISCOVERY MEMORANDUM FOR FEBRUARY 10, 2021 HEARING by DC Capital Law Firm, LLP. Responses due by 2/23/2021 (Attachments: #1 Exhibit Amended Privilege Log, #2 Exhibit Answers to Third Set of Interrogatories)(Smith, Sheena) |
| Filing 525 TRANSCRIPT of Show Cause Hearing held on 2/3/2021 before Magistrate Judge Bruce E. Reinhart, 1-131 pages, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/2/2021. Redacted Transcript Deadline set for 3/12/2021. Release of Transcript Restriction set for 5/10/2021. (ilz) |
| Filing 524 NOTICE of Joint Discovery Memorandum for February 10, 2021 Hearing by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re 521 Order Setting/Cancelling Hearing,, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17) (Robinson, Dwayne) |
| Filing 523 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Filing Joint Stipulation for Plaintiffs' Issues at February 10 Hearing (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20) (Keown, Lindy) |
| Filing 522 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Show Cause Hearing held on 2/3/2021. Total time in court: 3 hour(s) : 15 minutes. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. The Court is in recess until 2/16/2021 at 01:00 PM when the hearing will resume via Zoom. The Zoom link will be sent to the parties prior to the hearing. (jgy) |
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Filing 521
PAPERLESS Order setting Discovery Hearing at the request of the parties. Discovery Hearing is set for 2/10/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart.Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 2/1/2021. (jgy)
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Filing 520
PAPERLESS ORDER resetting Show Cause Hearing for 2/3/2021 at 03:00 PM before Magistrate Judge Bruce E. Reinhart. Zoom link forthcoming. **TIME CHANGE ONLY** Signed by Magistrate Judge Bruce E. Reinhart on 2/1/2021. (jgy)
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| Filing 519 NOTICE by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC re #515 Order to Show Cause, of Filing Witness List Pursuant to Court Order (Brady, Julie) |
| Filing 518 PLAINTIFFS NOTICE OF FILING EXHIBITS FOR EVIDENCE TO BE USED AT THE HEARING ON PLAINTIFFS MOTION FOR AN ORDER TO SHOW CAUSE WHY DEFENDANT, HENRY PORTNER, ESQ., AND NONPARTIES, TIMESHARE ATTORNEYS OF AMERICA AND ATTORNEY ADVOCATES OF AMERICA, SHOULD NOT BE HELD IN CONTEMPT SCHEDULED FOR FEBRUARY 3, 2021 AT 1:00 P.M by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC re #515 Order to Show Cause, (Attachments: #1 Exhibit Ex.1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14, #15 Exhibit Ex. 15, #16 Exhibit Ex. 16, #17 Exhibit Ex. 17, #18 Exhibit Ex. 18, #19 Exhibit Ex. 19, #20 Exhibit Ex. 20, #21 Exhibit Ex. 21, #22 Exhibit Ex. 22, #23 Exhibit Ex. 23, #24 Exhibit Ex. 24, #25 Exhibit Ex. 25, #26 Exhibit Ex. 26, #27 Exhibit Ex. 27, #28 Exhibit Ex. 28, #29 Exhibit Ex. 29, #30 Exhibit Ex. 30, #31 Exhibit Ex. 31, #32 Exhibit Ex. 32, #33 Exhibit Ex. 33, #34 Exhibit Ex. 34, #35 Exhibit Ex. 35, #36 Exhibit Ex. 36) (Brady, Julie) Text Modified on 1/28/2021 (ail). |
| Filing 517 NOTICE of Attorney Appearance by James Vincent Etscorn on behalf of Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Attorney James Vincent Etscorn added to party Diamond Resorts Corporation(pty:pla), Attorney James Vincent Etscorn added to party Diamond Resorts International, Inc.(pty:pla), Attorney James Vincent Etscorn added to party Diamond Resorts Management, Inc.(pty:pla), Attorney James Vincent Etscorn added to party Diamond Resorts U.S. Collection Development, LLC(pty:pla). (Etscorn, James) |
| Filing 516 Exhibit and Witness List by Henry Neil Portner.. (Attachments: #1 Exhibit Witness List and Exhibits, #2 Exhibit Exhibits)(Portner, Henry) |
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Filing 515
ORDER TO SHOW CAUSE re #471 Show Cause Hearing set for 2/3/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. The hearing will take place over Zoom. The parties will receive the Zoom link via email. Signed by Magistrate Judge Bruce E. Reinhart on 1/21/2021. See attached document for full details. (jgy)
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| Filing 514 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Filing Supplemental Evidence in support of Plaintiff's Position from 12/10/2020 Hearing (Attachments: #1 Transcripts Excerpts and Exhibit) (Crossland, Brandon) |
| Filing 513 RESPONSE in Opposition re #471 MOTION for Order to Show Cause Why Defendant Henry Portner, Esq., and NonParties Timeshare Attorneys of America and Attorney Advocates of America, Should Not Be Held In Contempt Sur Reply and Certification filed by Henry Neil Portner. Replies due by 1/22/2021. (Portner, Henry) |
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Filing 512
PAPERLESS ORDER granting #498 Defendant's Motion to File Surreply. Such Surreply shall be filed as a separate docket entry by no later than 1/21/2021. Signed by Magistrate Judge Bruce E. Reinhart on 1/14/2021. (jgy)
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Filing 511
PAPERLESS ORDER granting #501 Motion to Withdraw as Attorney. Brian Thomas Giles representing US CONSUMER ATTORNEYS, P.A. (Defendant) and Portner, Henry Neil (Defendant) withdrawn from case. Signed by Magistrate Judge Bruce E. Reinhart on 1/14/2021. (jgy)
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Filing 510
ORDER granting #509 Motion to Withdraw as Attorney. Joshua Robert Jacobson representing Diamond Resorts U.S. Collection Development, LLC (Plaintiff) withdrawn from case. Signed by Magistrate Judge Bruce E. Reinhart on 12/28/2020. See attached document for full details. (jgy)
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| Filing 509 Unopposed MOTION to Withdraw as Attorney by Joshua Jacobson for / by Diamond Resorts U.S. Collection Development, LLC. Responses due by 1/11/2021 (Attachments: #1 Text of Proposed Order)(Jacobson, Joshua) |
| Filing 508 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 12/10/2020. Total time in court: 3 hour(s) : 43 minutes. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (jgy) |
| Filing 507 NOTICE by DC Capital Law Firm, LLP Notice of Filing Supplemental Declaration of Jefferson E. Kline and Declaration of Theodoros Panopoulos (Attachments: #1 Exhibit Supplemental Declaration of Jefferson E. Kline, #2 Exhibit Declaration of Theodoros Panopoulos) (Smith, Sheena) |
| Filing 506 Notice of Supplemental Authority re #468 Notice (Other),,,, by DC Capital Law Firm, LLP (Attachments: #1 Exhibit Supplemental Declaration of Paul and Maryann Cancik) (Smith, Sheena) |
| Filing 505 NOTICE by Diamond Resorts U.S. Collection Development, LLC of Filing Exhibits for Continuation Hearing on 12/10/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 51, #29 Exhibit 52, #30 Exhibit 53) (Crossland, Brandon) |
| Filing 504 NOTICE by DC Capital Law Firm, LLP Notice of Filing Second Amended Supplemental Declaration of Nadine Chabrier (Attachments: #1 Exhibit Second Amended Supplemental Declaration of Nadine Chabrier, #2 Exhibit Spreadsheet, #3 Exhibit Amended Privilege Log) (Smith, Sheena) |
| Filing 503 Notice of Supplemental Authority re #468 Notice (Other),,,, by DC Capital Law Firm, LLP (Attachments: #1 Exhibit Amended and Supplemental Declaration of Nadine Chabrier) (Smith, Sheena) |
| Filing 502 NOTICE by DC Capital Law Firm, LLP Notice of Filing Amended Supplemental Declarations of James and Linda Barber & Stephen and Brenda Drake (Attachments: #1 Exhibit Supplemental Declaration of James and Linda Barber, #2 Exhibit Supplemental Declaration of Stephen ad Brenda Drake) (Smith, Sheena) |
| Filing 501 Unopposed MOTION to Withdraw as Attorney by Brian T. Giles for / by Henry Neil Portner, US CONSUMER ATTORNEYS, P.A.. Responses due by 12/21/2020 (Giles, Brian) |
| Filing 500 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 12/2/2020. Continuation of Discovery Hearing regarding Defendant's ASSERTION OF THE ATTORNEY-CLIENT PRIVILEGE set for 12/10/2020 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Hearing will be conducted via Zoom and a new Zoom link will be distributed. Total time in court: 2 hour(s) : 18 minutes. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (Digital BER_2_12.2.2020) (jgy) |
| Filing 499 NOTICE by DC Capital Law Firm, LLP notice of Filing in support of authority Settlement and Mutual Release Agreement between Paul Reeve and Diane Reeve and Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Corporation (Attachments: #1 Exhibit) (Smith, Sheena) |
| Filing 498 RESPONSE in Opposition re #471 MOTION for Order to Show Cause Why Defendant Henry Portner, Esq., and NonParties Timeshare Attorneys of America and Attorney Advocates of America, Should Not Be Held In Contempt Motion to File Surreply filed by Henry Neil Portner. Replies due by 12/9/2020. (Portner, Henry) |
| Filing 497 NOTICE by DC Capital Law Firm, LLP Notice of Filing Deposition Transcript of Diane Reeve (Attachments: #1 Exhibit) (Smith, Sheena) |
| Filing 496 NOTICE by DC Capital Law Firm, LLP notice of Filing Deposition Transcript of Horacio Gonzalez (Attachments: #1 Exhibit) (Smith, Sheena) |
| Filing 495 NOTICE by DC Capital Law Firm, LLP re #468 Notice (Other),,,, Notice of Filing Supplemental Authority in support of DC Capitals Brief in Support of its Assertion of the Attorney-Client Privilege between DC Capital Law Firm, LLP, its Clients and the Newton Group Defendants1 (Attachments: #1 Exhibit) (Smith, Sheena) |
| Filing 494 NOTICE of Attorney Appearance by Richard Rathbun Phelps on behalf of Conrad Sussman. Attorney Richard Rathbun Phelps added to party Conrad Sussman(pty:dft). (Phelps, Richard) |
| Filing 493 NOTICE by Diamond Resorts U.S. Collection Development, LLC re #476 Notice (Other),, of Filing Supplemental Evidence in Support of Plaintiffs' Response in Opposition to DC Capital's Privilege Brief (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Jacobson, Joshua) |
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Filing 492
ORDER granting #490 JOINT MOTION FOR EXTENSION OF DEADLINES AND TO CONTINUE TRIAL DATE. Signed by Magistrate Judge Bruce E. Reinhart on 11/30/2020. See attached document for full details. (jgy)
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| Filing 491 NOTICE of Attorney Appearance by Henry Neil Portner on behalf of Henry Neil Portner. Attorney Henry Neil Portner added to party Henry Neil Portner(pty:dft). (Portner, Henry) |
| Filing 490 Joint MOTION to Continue Pre-Trial Deadlines and Trial Date by Diamond Resorts U.S. Collection Development, LLC. Responses due by 12/9/2020 (Attachments: #1 Exhibit A)(Jacobson, Joshua) |
| Filing 489 REPLY to Response to Motion re #471 MOTION for Order to Show Cause Why Defendant Henry Portner, Esq., and NonParties Timeshare Attorneys of America and Attorney Advocates of America, Should Not Be Held In Contempt filed by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1)(Jacobson, Joshua) |
| Filing 488 Notice of Supplemental Authority re #468 Notice (Other),,,, Notice of Filing Supplemental Authority in support of DC Capitals Brief in Support of its Assertion of the Attorney-Client Privilege between DC Capital Law Firm, LLP, its Clients and the Newton Group Defendants by DC Capital Law Firm, LLP (Attachments: #1 Exhibit, #2 Exhibit) (Smith, Sheena) |
| Filing 487 RESPONSE in Opposition re #471 MOTION for Order to Show Cause Why Defendant Henry Portner, Esq., and NonParties Timeshare Attorneys of America and Attorney Advocates of America, Should Not Be Held In Contempt filed by Henry Neil Portner, US CONSUMER ATTORNEYS, P.A.. Replies due by 11/25/2020. (Attachments: #1 Affidavit Declaration of Brian Giles, #2 Affidavit Declaration of Henry Portner)(Giles, Brian) |
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Filing 486
PAPERLESS ORDER, Order setting Discovery Hearing regarding Defendant's ASSERTION OF THE ATTORNEY-CLIENT PRIVILEGE for 12/2/2020 at 03:00 PM before Magistrate Judge Bruce E. Reinhart. At the hearing, the parties may introduce any additional evidence regarding the attorney-client privilege issue.Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 11/17/2020. (jgy)
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| Filing 485 Defendant's REPLY to #468 Notice (Other),,,, DC CAPITAL LAW FIRM, LLPS REPLY BRIEF IN SUPPORT OF ITS ASSERTION OF THE ATTORNEY-CLIENT PRIVILEGE BETWEEN DC CAPITAL LAW FIRM, LLP, ITS CLIENTS AND THE NEWTON GROUP DEFENDANTS by DC Capital Law Firm, LLP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Smith, Sheena) |
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Filing 484
PAPERLESS ORDER granting #483 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Bruce E. Reinhart on 11/13/2020. (jgy)
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| Filing 483 Unopposed MOTION for Leave to File Excess Pages IN DEFEDANTS REPLY TO PLAINTIFFS RESPONSE TO DC CAPITAL BRIEF IN SUPPORT OF THE ATTORNEY-CLIENT PRIVILEGE BETWEEN DC CAPITAL, ITS CLIENTS, AND THE NEWTON GROUP DEFENDANTS by DC Capital Law Firm, LLP. (Smith, Sheena) |
| Filing 482 Notice of Supplemental Authority re #468 Notice (Other),,,, DEFENDANT DC CAPITAL LAW FIRM, LLPS NOTICE OF FILING OF SUPPLEMENTAL AUTHORITY by DC Capital Law Firm, LLP (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Smith, Sheena) |
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Filing 481
PAPERLESS ORDER granting #480 Motion for Extension of Time to File. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 480 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #468 Notice (Other),,,, DC CAPITAL LAW FIRM, LLP'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF IN SUPPORT OF ITS PRIVILEGE ASSERTIONS by DC Capital Law Firm, LLP. (Smith, Sheena) |
| Filing 479 TRANSCRIPT of Hearing held on 10/16/20 before Magistrate Judge Bruce E. Reinhart, 1-125 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/1/2020. Redacted Transcript Deadline set for 12/11/2020. Release of Transcript Restriction set for 2/8/2021. (hh) |
| Filing 478 TRANSCRIPT of Hearing held on 10/14/20 before Magistrate Judge Bruce E. Reinhart, 1-24 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/1/2020. Redacted Transcript Deadline set for 12/11/2020. Release of Transcript Restriction set for 2/8/2021. (hh) Text Modified on 11/10/2020 (hh). |
| Filing 477 Notice of Supplemental Authority re #468 Notice (Other),,,, by DC Capital Law Firm, LLP (Attachments: #1 Exhibit) (Smith, Sheena) |
| Filing 476 NOTICE of filing Plaintiffs' Response to DC Capital's Brief Regarding Its Privilege Assertions by Diamond Resorts U.S. Collection Development, LLC re #468 Notice (Other), (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18) (Jacobson, Joshua) Text Modified on 11/10/2020 (ail). |
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Filing 475
PAPERLESS ORDER granting #473 Motion for Leave to File Excess Pages. Plaintiffs shall re-file their response as a separate docket entry. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 474 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Conrad Sussman. (Bennett, John) |
| Filing 473 Unopposed MOTION for Leave to File Excess Pages by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Draft Response Brief Addressing Defendant, DC Capital's Privilege and Work Product Claims)(Jacobson, Joshua) |
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Filing 472
ORDER MEMORIALIZING DISCOVERY RULINGS Signed by Magistrate Judge Bruce E. Reinhart on 10/29/2020. See attached document for full details. (ail)
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| Filing 471 MOTION for Order to Show Cause Why Defendant Henry Portner, Esq., and NonParties Timeshare Attorneys of America and Attorney Advocates of America, Should Not Be Held In Contempt by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Affidavit of Brandon Crossland)(Keown, Lindy) |
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Filing 470
PAPERLESS ORDER granting #450 Motion for Clarification for reasons stated on the record at the October 14 telephonic conference. See ECF No. 452 . Signed by Magistrate Judge Bruce E. Reinhart (BER)
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Filing 469
ORDER granting #459 Motion for Extension of Time. Signed by Magistrate Judge Bruce E. Reinhart See attached document for full details. (BER)
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| Filing 468 NOTICE by DC Capital Law Firm, LLP BRIEF IN SUPPORT OF ITS ASSERTION OF THE ATTORNEY-CLIENT PRIVILEGE BETWEEN DC CAPITAL LAW FIRM, LLP, ITS CLIENTS, AND THE NEWTON GROUP DEFENDANTS (Attachments: #1 Exhibit Responses and Objections to 1st RFP, #2 Exhibit Amended Privilege Log, #3 Exhibit Theodoros Panopoulos Deposition Excerpt, #4 Exhibit Powers of Attorney - Part 1, #5 Exhibit Powers of Attorney - Part 2, #6 Exhibit Powers of Attorney - Part 3, #7 Exhibit Powers of Attorney - Part 4, #8 Exhibit Powers of Attorney - Part 5, #9 Exhibit Declaration of Nadine Chabrier, #10 Exhibit Declaration of Brenda and Stephen Drake, #11 Exhibit Declaration of James and Linda Barber, #12 Exhibit Declaration of Jefferson Kline, #13 Exhibit Retainers Letters - Part 1, #14 Exhibit Retainers Letters - Part 2, #15 Exhibit Declaration of Craig and Deloris Barta, #16 Exhibit List of Diamond Lawsuits, #17 Exhibit Declaration of Randolph Smith, #18 Exhibit Campos Complaint, #19 Exhibit Declaration of Nicholas and Marie Campos, #20 Exhibit Bennett Complaint, #21 Exhibit Declaration of Elroy and Sharon Bennett, #22 Exhibit Complaints) (Smith, Sheena) |
| Filing 467 Clerks Notice to Filer re #464 Notice (Other),. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ail) |
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Filing 466
ORDER MEMORIALIZING DISCOVERY RULINGS. DC Capitals legal memorandum is due by October 22, 2020, and Diamonds response is due on or before November 5, 2020. The deadline for DC Capital to file a reply is November 12, 2020.By 5:00 PM on October 15, 2020, DC Capital shall provide Diamond with a privilege log for the five sets of Diamond Owners for whom Diamond claims DC Capital has not shown the existence of an attorney-client relationship.DC Capitals relevance objection in response to Diamonds First RFP Number 5, which seeks communications from Diamond Owners expressing dissatisfaction or complaints with services provided by Defendants in this lawsuit, is overruled.The 50 Diamond Owners shall be chosen by Diamond, with a list of names given to DC Capital on or before October 18, 2020. DC Capitals production of responsive documents, limited to the 50 owners on Diamonds list, is due by 5:00 PM on November 9, 2020. Signed by Magistrate Judge Bruce E. Reinhart on 10/20/2020. See attached document for full details. (amb)
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Filing 465
PAPERLESS ORDER granting #463 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mitchell Reed Sussman. Signed by Magistrate Judge Bruce E. Reinhart on 10/21/2020. (kry)
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| Filing 464 JOINT NOTICE OF AGREEMENT REGARDING EXTENSION OF CERTAIN DEADLINES GOVERNING EXPERT DISCLOSURES, REPORTS, AND DEPOSITIONS by Diamond Resorts U.S. Collection Development, LLC re #359 Scheduling Order,Terminate Motions, (Keown, Lindy) Text Modified on 10/22/2020 (ail). |
| Filing 463 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mitchell Reed Sussman. Filing Fee $ 200.00 Receipt # AFLSDC-13731784 by Conrad Sussman. Responses due by 11/4/2020 (Attachments: #1 Certification Rule 4(b), #2 Text of Proposed Order)(Nardella, Michael) |
| Filing 462 NOTICE of Attorney Appearance by Michael Anthony Nardella on behalf of Conrad Sussman. Attorney Michael Anthony Nardella added to party Conrad Sussman(pty:dft). (Nardella, Michael) |
| Filing 461 RESPONSE to Motion re #459 MOTION for Extension of Time to Disclose Experts and Related Expert Deadlines Governing Experts filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Replies due by 10/27/2020. (Robinson, Dwayne) |
| SYSTEM ENTRY - Docket Entry 460 [misc] restricted/sealed until further notice. (dj) |
| Filing 459 MOTION for Extension of Time to Disclose Experts and Related Expert Deadlines by Diamond Resorts U.S. Collection Development, LLC. Responses due by 11/2/2020 (Attachments: #1 Text of Proposed Order)(Keown, Lindy) |
| Filing 458 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 10/16/2020. Total time in court: 2 hours : 50 minutes. (Digital BER_2-10-16-2020) (kry) |
| Filing 457 Notice of Supplemental Authority re #454 Notice (Other), by DC Capital Law Firm, LLP (Attachments: #1 Exhibit Plaintiffs' Second Supplemental Disclosures) (Smith, Sheena) |
| Filing 456 NOTICE of LEGAL BRIEF REGARDING THE APEX DOCTRINE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re 444 Order,,, Set/Reset Hearings,, (Attachments: #1 Exhibit A, #2 Exhibit B) (Robinson, Dwayne) Text Modified on 10/15/2020 (ail). |
| Filing 455 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re 444 Order,,, Set/Reset Hearings,, (Attachments: #1 Exhibit A (2020-03-03 Transcript), #2 Exhibit B (20-08-28 - Diamond Response & Objection to RFP5), #3 Exhibit C (20-09-11 - Diamond Amended Rsp to N20-08-28 - Diamond Response & Objection to RFP4 - AMENDED), #4 Exhibit D (20-09-11 - Diamond Response & Objection to NG RFP3 - AMENDED), #5 Exhibit E (Chart of Issues re Newton's Third Request for Production), #6 Exhibit F (Settlement Agreement and Mutual Release)) (Robinson, Dwayne) |
| Filing 454 NOTICE by DC Capital Law Firm, LLP re 444 Order,,, Set/Reset Hearings,, (Attachments: #1 Exhibit Esteban Deposition, #2 Exhibit LeGassa Deposition, #3 Exhibit San Luis Deposition, #4 Exhibit Harris 30(b)(6) Deposition, #5 Exhibit Vine Email, #6 Exhibit Crossland Email) (Smith, Sheena) |
| Filing 453 NOTICE by Diamond Resorts U.S. Collection Development, LLC of filing Plaintiffs' Supplemental Brief Regarding Apex Depositions (Jacobson, Joshua) |
| Filing 452 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Conference held on 10/14/2020. Total time in court: 30 minutes. (Digital BER_1-10-14-2020) (kry) |
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Filing 451
PAPERLESS ORDER taking under advisement #450 Motion for Clarification and setting Telephone Conference for 10/14/2020 at 1:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 10/13/2020. (kry)
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| Filing 450 Defendant's MOTION for clarification and/or Motion for Extension of Time by DC Capital Law Firm, LLP. Responses due by 10/27/2020 (Smith, Sheena) |
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Filing 449
ORDER ON MOTION TO SUBSTITUTE DEFENDANT (ECF NO. #408 ) AND MOTION TO DISMISS DECEASED DEFENDANT (ECF NO. [394)]. ORDER denying #394 Motion to Dismiss; granting #408 Motion to Substitute Party. Conrad Sussman added. Robert Sussman terminated. Signed by Magistrate Judge Bruce E. Reinhart on 10/12/2020. See attached document for full details. (amb)
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| Filing 448 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 10/8/2020. Total time in court: 1 hour : 4 minutes. (Digital BER_3-10-08-2020/25:00) (kry) |
| Filing 447 NOTICE REGARDING JOINT DISCOVERY MEMORANDUM FOR OCTOBER 8, 2020 HEARING by DC Capital Law Firm, LLP re #442 Notice (Other), (Smith, Sheena) Text Modified on 10/8/2020 (ail). |
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Filing 446
ORDER MEMORIALIZING DISCOVERY RULINGS. Signed by Magistrate Judge Bruce E. Reinhart on 10/8/2020. See attached document for full details. (amb)
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| Filing 445 TRANSCRIPT of Discovery Hearing held on 10/5/20 before Magistrate Judge Bruce E. Reinhart, 1-69 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/29/2020. Redacted Transcript Deadline set for 11/9/2020. Release of Transcript Restriction set for 1/6/2021. (Attachments: #1 Designation Access Form)(hh) |
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Filing 444
PAPERLESS ORDER setting Discovery Hearing on the pending discovery disputes between the Newton Defendants and Plaintiffs for 10/16/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The 10/16 hearing will be by telephone only. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 10/7/2020. (kry)
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Filing 443
PAPERLESS ORDER re #442 Notice (Other), filed by Diamond Resorts U.S. Collection Development, LLC. In the joint discovery memorandum, DC Capital Law requests leave to submit additional briefing on the issue of the attorney-client relationship between DC Capital and its clients who own Diamond timeshares, and the relationship and necessity of the Newton Group in furtherance of that attorney-client relationship. The Court will address this request at the discovery hearing on October 8, 2020. The parties should be prepared to present any evidence relevant to this issue at the October 8 hearing. They shall exchange any exhibits by noon on October 8. Any exhibits that the parties intend to use at the hearing which are not appended to the joint discovery memorandum shall be submitted to the Court in camera at reinhart@flsd.uscourts.gov by noon on October 8. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 442 JOINT DISCOVERY MEMORANDUM FOR OCTOBER 8, 2020 HEARING by Diamond Resorts U.S. Collection Development, LLC and DC Capital Law Firm, LLP, of Joint Discovery Memorandum for Issues at October 8, 2020 Hearing (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Jacobson, Joshua) Text Modified on 10/6/2020 (ail). |
| Filing 441 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 10/5/2020. Total time in court: 1 hour : 12 minutes. (Digital BER_1-10-5-2020) (kry) |
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Filing 440
PAPERLESS ORDER STRIKING #438 Notice (Other),,, filed by Newton Group Exit, LLC, Interval Broker Direct, LLC, The Newton Group, ESA LLC, Newton Group Transfers, LLC. The filing is 18 pages long (excluding the certificate of service), which exceeds the 5 page limit imposed by this Court's Amended Standing Discovery Order #311 . The issues presented in the joint memorandum will not be addressed at the October 5, 2020, discovery hearing. This ruling is without prejudice to the parties requesting a future hearing on these issues after they have complied with the Amended Standing Discovery Order. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Set/Reset Hearings Discovery Hearing set for 10/8/2020 at 3:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. (kry) |
| Filing 439 NOTICE OF SUPPLEMENT TO JOINT DISCOVERY MEMORANDUM FOR OCTOBER 5, 2020 HEARING CONCERNING PLAINTIFFS' ISSUES by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re 434 Order,,, Set/Reset Hearings,, (Attachments: #1 Exhibit 7 (Staples Deposition Excerpts 9-22-20)) (Robinson, Dwayne) Text Modified on 10/5/2020 (ail). |
| Filing 438 **STRICKEN**NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re 434 Order,,, Set/Reset Hearings,, (Attachments: #1 Exhibit A (September 15 Email to Baker re Redactions), #2 Exhibit B (2020.09.04 Email to Wittenberg), #3 Exhibit C (2020.09.15 Email to Wittenberg), #4 Exhibit D (20-08-28 - Diamond Response & Objection to RFP5), #5 Exhibit E (2020-03-03 Transcript 4837-2137-3384 v.1), #6 Exhibit F (20-09-11 - Diamond Amended Rsp to N20-08-28 - Diamond Response & Objection to RFP4 - AMENDED), #7 Exhibit G (20-09-24 - Transcript - Reeve, Diane), #8 Exhibit H (20-09-11 - Diamond Response & Objection to NG RFP3 - AMENDED), #9 Exhibit I (2020-03-03 Transcript Excerpt), #10 Exhibit J (2020-03-03 Transcript Excerpt (1))) (Robinson, Dwayne) Text Modified on 10/5/2020 per DE 440 Order (ail). |
| Filing 437 NOTICE by Diamond Resorts U.S. Collection Development, LLC and Newton Defendants of Joint Discovery Memorandum for Plaintiffs' Discovery Issues at October 5, 2020 Hearing (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Keown, Lindy) |
| Filing 436 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Motion Hearing held on 9/23/2020 re #394 Motion to Dismiss filed by Conrad Sussman and #408 Motion to Substitute Party filed by Plaintiffs.Total time in court: 52 minutes. (Digital BER_2-09-23-2020) (kry) |
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Filing 435
**TIME CHANGE ONLY** PAPERLESS ORDER resetting oral argument from 9/23/20 at 3:00 PM to 9/23/20 at 2:30 PM on #394 Conrad Sussman's Motion to Dismiss Deceased Defendant Robert Sussman and #408 Plaintiffs' Motion to Substitute Defendant Robert Sussman. Signed by Magistrate Judge Bruce E. Reinhart on 9/22/2020. (kry)
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Filing 434
PAPERLESS ORDER setting Discovery Hearing on the pending discovery disputes between Plaintiffs and the Newton Defendants for 10/5/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The 10/5 hearing will be by telephone only. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 9/22/2020. (kry)
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Filing 433
PAPERLESS ORDER setting Discovery Hearing on the pending discovery disputes between Plaintiffs and DC Capital Law Firm for 10/8/2020 at 3:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The 10/8 hearing will be by telephone only. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 9/18/2020. (kry)
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Filing 432
PAPERLESS ORDER taking under advisement #394 Conrad Sussman's Motion to Dismiss Deceased Defendant Robert Sussman and #408 Plaintiffs' Motion to Substitute Defendant Robert Sussman. The Court will hold oral argument on the Motions on 9/23/2020 at 3:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The 9/23 hearing will be by telephone only. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 9/17/2020. (kry)
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Filing 431
PAPERLESS ORDER canceling Telephonic Status Conference previously set for 9/15/2020 at 2:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 9/14/2020. (kry)
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Filing 430
ORDER denying #399 Motion for Judgment on the Pleadings; denying #406 Motion for Judgment on the Pleadings. Signed by Magistrate Judge Bruce E. Reinhart on 9/11/2020. See attached document for full details. (kry)
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Filing 429
ORDER ON JOINT MOTION FOR EXTENSION OF TIME TO EXTEND DEADLINES GOVERNING EXPERT DISCLOSURES, REPORTS AND DEPOSITIONS (ECF NO. 427). ORDER granting #427 Motion for Extension of Time. Signed by Magistrate Judge Bruce E. Reinhart on 9/8/2020. See attached document for full details. (amb)
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Filing 428
PAPERLESS ORDER FOLLOWING DISCOVERY HEARING. The Court has reviewed Plaintiffs' Responses and Amended Responses to the Newton Defendants' Second Requests for Admission submitted for in camera review and finds that the responses are proper under Federal Rule of Civil Procedure 36. Accordingly, the Newton Defendants' request that the Court compel better responses is denied. Signed by Magistrate Judge Bruce E. Reinhart on 9/4/2020. (kry)
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| Filing 427 Joint MOTION for Extension of Time Joint Motion for Extension of Time to Extend Deadlines Governing Expert Disclosures, Reports and Depositions by DC Capital Law Firm, LLP. Responses due by 9/18/2020 (Smith, Sheena) |
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Filing 426
PAPERLESS ORDER granting #413 Motion for Extension of Time. The Newton Defendants did not respond to, nor object to, the requested extension. The additional time requested by Plaintiffs has expired. The Motion is GRANTED nunc pro tunc. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 425 FIRST Clerk's Notice of Undeliverable Mail re 402 Discovery Hearing,, Terminate Hearings, #405 Order on Motion to Amend/Correct, 403 Order,,, Set/Reset Hearings,,. US Mail returned for: Pluto Marketing Inc.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp) |
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Filing 424
PAPERLESS ORDER requiring that on or before 5:00 PM EST on September 4, 2020, counsel for Plaintiffs and the Newton Defendants shall meet and confer in a good faith effort to resolve the pending discovery disputes. If any disputes remain after conferral, counsel may request a discovery hearing with the Court pursuant to the procedure set forth in the Standing Discovery Order. Signed by Magistrate Judge Bruce E. Reinhart on 8/31/2020. (kry)
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| Filing 423 TRANSCRIPT of Hearing held on 7/27/20 before Magistrate Judge Bruce E. Reinhart, 1-36 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2020. Redacted Transcript Deadline set for 9/24/2020. Release of Transcript Restriction set for 11/23/2020. (hh) |
| Filing 422 REPLY to Response to Motion re #408 MOTION to Substitute Party filed by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Jacobson, Joshua) |
| Filing 421 RESPONSE in Support re #406 Defendant's MOTION for Judgment on the Pleadings Defendant, DC Capital Law Firm, LLP's Notice of Joinder in the Newton Defendants' Motion for Judgement on the Pleadings [ECF 399] and Motion for Judgment on the Pleadings filed by DC Capital Law Firm, LLP. (Smith, Sheena) |
| Filing 420 RESPONSE in Opposition re #408 MOTION to Substitute Party filed by Conrad Sussman. Replies due by 8/24/2020. (Bennett, John) |
| Filing 419 FIRST Clerk's Notice of Undeliverable Mail re 391 Motion Hearing, 400 Order, 401 Order on Motion for Miscellaneous Relief, 395 Order,,, Set/Reset Hearings,, 388 Status Conference,,, Terminate Hearings,,, Set/Reset Hearings,,. US Mail returned for: Pluto Marketing Inc.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp) |
| Filing 418 TRANSCRIPT of Hearing held on 7/27/20 before Magistrate Judge Bruce E. Reinhart, 1-36 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/4/2020. Redacted Transcript Deadline set for 9/14/2020. Release of Transcript Restriction set for 11/12/2020. (hh) |
| Filing 417 REPLY to Response to Motion re #399 Defendant's MOTION for Judgment on the Pleadings on the Lanham Act Claim filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier) |
| Filing 416 NOTICE by Diamond Resorts U.S. Collection Development, LLC re #408 MOTION to Substitute Party (of filing waiver of service) (Attachments: #1 Exhibit Waiver of Service) (Jacobson, Joshua) |
| Filing 415 RESPONSE in Opposition re #406 Defendant's MOTION for Judgment on the Pleadings Defendant, DC Capital Law Firm, LLP's Notice of Joinder in the Newton Defendants' Motion for Judgement on the Pleadings [ECF 399] and Motion for Judgment on the Pleadings filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 8/21/2020. (Keown, Lindy) |
| Filing 414 TRANSCRIPT of discovery hearing held on 8-10-2020 before Magistrate Judge Bruce E. Reinhart, 1-88 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/4/2020. Redacted Transcript Deadline set for 9/14/2020. Release of Transcript Restriction set for 11/12/2020. (Savino, Dawn) |
| Filing 413 MOTION for Extension of Time to respond to Newton Defendants' 5th Request for Production by Diamond Resorts U.S. Collection Development, LLC. Responses due by 8/27/2020 (Jacobson, Joshua) |
| Filing 412 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 8/10/2020. Total time in court: 2 hours: 9 minutes. (Digital BER_1-08-10-2020) (kry) |
| Filing 411 REPLY to Response to Motion re #394 MOTION to Dismiss with Prejudice #272 Amended Complaint,,, filed by Conrad Sussman. (Attachments: #1 Exhibit Declaration of Daniel Kiefer)(Bennett, John) |
| Filing 410 RESPONSE in Opposition re #399 Defendant's MOTION for Judgment on the Pleadings on the Lanham Act Claim filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 8/14/2020. (Crossland, Brandon) |
| Filing 409 NOTICE by Diamond Resorts U.S. Collection Development, LLC and the Newton Defendants of Filing Joint Discovery Memorandum for August 10, 2020 Hearing (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Keown, Lindy) |
| Filing 408 MOTION to Substitute Party by Diamond Resorts U.S. Collection Development, LLC. Responses due by 8/17/2020 (Jacobson, Joshua) |
| Filing 407 RESPONSE in Opposition re #394 MOTION to Dismiss with Prejudice #272 Amended Complaint,,, filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 8/10/2020. (Attachments: #1 Declaration of Brandon T. Crossland, #2 Declaration of Jeffrey P. Luszeck)(Jacobson, Joshua) |
| Filing 406 Defendant's MOTION for Judgment on the Pleadings Defendant, DC Capital Law Firm, LLP's Notice of Joinder in the Newton Defendants' Motion for Judgement on the Pleadings [ECF 399] and Motion for Judgment on the Pleadings by DC Capital Law Firm, LLP. (Vine, S.) |
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Filing 405
ORDER ON MOTION FOR LEAVE TO FILE AMENDED ANSWER (ECF No. #392 ). ORDER denying #392 Motion to Amend/Correct. Signed by Magistrate Judge Bruce E. Reinhart on 7/31/2020. See attached document for full details. (amb)
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Filing 404
ORDER ON PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT PERTAINING TO COUNT II OF THE THIRD AMENDED COMPLAINT. ORDER denying #368 Motion for Partial Summary Judgment. Signed by Magistrate Judge Bruce E. Reinhart on 7/31/2020. See attached document for full details. (amb)
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Filing 403
PAPERLESS ORDER setting Discovery Hearing for 8/10/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The Discovery hearing will be by telephone only. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 7/30/2020. (kry)
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| Filing 402 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephonic Discovery Hearing held on 7/27/2020. Total time in court: 43 minutes. For the reasons stated on the record at the 7/27 hearing, the discovery disputes raised in the Joint Discovery Memorandum at ECF No. #396 are moot. (Digital BER_01-07-27-2020) (kry) |
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Filing 401
PAPERLESS ORDER terminating #390 Joint Discovery Memorandum. Filer improperly designated filing as a motion. Signed by Magistrate Judge Bruce E. Reinhart on 7/27/2020. (kry)
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Filing 400
PAPERLESS ORDER vacating the Court's March 3, 2020 order requiring Plaintiffs' production of profit and loss statements to the Newton Defendants. The order is vacated in light of Plaintiffs' representation to the Court at the July 1, 2020 hearing that they are no longer seeking reputational damages or damages for loss of goodwill in this case. Signed by Magistrate Judge Bruce E. Reinhart on 7/27/2020. (kry)
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| Filing 399 Defendant's MOTION for Judgment on the Pleadings on the Lanham Act Claim by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lopez, Javier) |
| Filing 398 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #396 Notice (Other), of Supplement to Joint Discovery Memorandum for July 27 Hearing (1) Production of Maintenance Fee Data and (2) Damages (Lopez, Javier) |
| Filing 397 RESPONSE in Opposition re #392 Defendant's MOTION to Amend/Correct For an Order Granting Leave to File a First Amended Answer to the Third Amended Complaint filed by Diamond Resorts U.S. Collection Development, LLC. Replies due by 7/31/2020. (Jacobson, Joshua) |
| Filing 396 JOINT DISCOVERY MEMORANDUM FOR JULY 27 HEARING REGARDING (1) PRODUCTION OF MAINTENANCE FEE DATA AND (2) DAMAGES by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Lopez, Javier) Text Modified on 7/24/2020 (ail). |
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Filing 395
PAPERLESS ORDER setting Discovery Hearing for 7/27/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The Discovery hearing will be by telephone only. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 7/22/2020. (kry)
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| Filing 394 MOTION to Dismiss with Prejudice #272 Amended Complaint,,, by Conrad Sussman. Attorney John Joseph Bennett added to party Conrad Sussman(pty:ip). Responses due by 8/3/2020 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Bennett, John) |
| Filing 393 TRANSCRIPT of Partial Summary Judgment Proceedings held on 7/1/2020 before Magistrate Judge Bruce E. Reinhart, 1-84 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/31/2020. Redacted Transcript Deadline set for 8/10/2020. Release of Transcript Restriction set for 10/8/2020. (apz) |
| Filing 392 Defendant's MOTION to Amend/Correct For an Order Granting Leave to File a First Amended Answer to the Third Amended Complaint by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 7/24/2020 (Attachments: #1 Exhibit A-Declaration, #2 Exhibit B-First Amended Answer, #3 Exhibit C-Proposed Order)(Lopez, Javier) |
| Filing 391 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Motion Hearing held on 7/1/2020 re #368 Plaintiffs' Motion for Partial Summary Judgment Pertaining to Count II of Third Amended Complaint. Total time in court: 1 hour: 45 minutes. (kry) |
| Filing 390 Joint MOTION Joint Discovery Memorandum Regarding Plaintiffs' Refusal to Comply with Court Order Requiring Plaintiffs to Produce of Profit and Loss Statements by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lopez, Javier) |
| Filing 389 Statement of: Objections to Untimely Evidence in Support of Summary Judgment by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #386 Statement,, (Lopez, Javier) |
| Filing 387 Statement of: Facts in Response to DC Capital Law Firm, LLP's Responsive Statement of Material Facts by Diamond Resorts U.S. Collection Development, LLC re #382 Response in Opposition to Motion, (Crossland, Brandon) |
| Filing 386 Statement of: Material Facts in Support of Plaintiffs Motion for Partial Summary Judgment by Diamond Resorts U.S. Collection Development, LLC re #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Crossland, Brandon) |
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Filing 385
PAPERLESS ORDER taking under advisement #368 Plaintiffs' Motion for Partial Summary Judgment and setting for hearing on 7/1/2020 at 3:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 6/18/2020. (kry)
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| Filing 384 REPLY to Response to Motion re #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law filed by Diamond Resorts U.S. Collection Development, LLC. (Crossland, Brandon) |
| Filing 383 Defendant DC Capital Law Firm, LLP's Notice of Joinder in the Newton Defendants' Response in Opposition to Plaintiffs' Motion for Summary Judgment by DC Capital Law Firm, LLP re #377 Response in Opposition to Motion, #378 Response in Opposition to Motion,, (Smith, Sheena)Text Modified on 6/19/2020 (ail). |
| Filing 382 RESPONSE in Opposition re #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law DC Capital Law Firm, LLP's Responsive Statement of material Facts in Opposition to Plaintiffs' Motion for Partial Summary Judgment Pertaining to Count II and Count III of Amended Complaint filed by DC Capital Law Firm, LLP. Replies due by 6/25/2020. (Smith, Sheena) |
| Filing 388 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephonic Status Conference held on 6/15/2020. Total time in court: 22 minutes. The Court will hold another Telephonic Status Conference on 9/15/2020 at 2:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. (Digital BER_1-6-15-2020) (kry) |
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Filing 381
PAPERLESS ORDER resetting Status Conference from 6/17/2020 at 2:00 PM to 6/15/2020 at 2:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The status conference will be by telephone only. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 6/10/2020. (kry)
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| Filing 380 RESPONSE to Motion re #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law DC Capital Law Firm, LLP's Amicus Brief in Opposition to Plaintiffs' Motion for Partial Summary Judgment Pertaining to Count II of the Third Amended Complaint filed by DC Capital Law Firm, LLP. Replies due by 6/15/2020. (Attachments: #1 Exhibit Diamond's Certificate of Interested Persons)(Smith, Sheena) |
| Filing 379 NEWTON DEFENDANTS OBJECTIONS TO PLAINTIFFS' EVIDENCE ON THEIR MOTION FOR PARTIAL SUMMARY JUDGMENT PERTAINING TO COUNT II OF THE THIRD AMENDED COMPLAINT re #368 MOTION for Partial Summary Judgment filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Replies due by 6/15/2020. (Lopez, Javier)Text Modified on 6/9/2020 (ail). |
| Filing 378 NEWTON DEFENDANTS' STATEMENT OF MATERIAL FACTS OFFERED IN OPPOSITION re #368 MOTION for Partial Summary Judgment filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Replies due by 6/15/2020. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L, #7 Exhibit M, #8 Exhibit N, #9 Exhibit O, #10 Exhibit P, #11 Exhibit Q, #12 Exhibit R, #13 Exhibit S, #14 Exhibit T, #15 Exhibit U, #16 Exhibit V, #17 Exhibit W, #18 Exhibit X, #19 Exhibit Y)(Lopez, Javier) Text Modified on 6/9/2020 (ail). |
| Filing 377 RESPONSE in Opposition re #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Replies due by 6/15/2020. (Lopez, Javier) |
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Filing 376
PAPERLESS ORDER granting in part and denying in part #372 Motion to Adopt/Join. See ECF No. 375. Signed by Magistrate Judge Bruce E. Reinhart on 5/26/2020. (BER)
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Filing 375
PAPERLESS ORDER granting in part and denying in part #370 Expedited Motion for a 30-Day Enlargement of Time to Respond to Plaintiffs' Motion for Partial Summary Judgment Pertaining to Count II of the Third Amended Complaint. The Newton Defendants shall have until June 8, 2020, to file a Response to Plaintiffs' Motion for Partial Summary Judgment. Defendant DC Capital shall also have until June 8, 2020, to respond; however, the Court will treat any response filed by DC Capital as an amicus brief, given that Plaintiffs' Motion for Summary Judgment seeks relief on a claim brought against the Newton Defendants and not DC Capital. Signed by Magistrate Judge Bruce E. Reinhart on 5/22/2020. (kry)
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| Filing 374 REPLY to Response to Motion re #370 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law (Expedited) filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Robinson, Dwayne) |
| Filing 373 RESPONSE in Opposition re #370 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law (Expedited), #372 MOTION to Adopt/Join #370 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law (Expedited) filed by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Replies due by 5/28/2020. (Crossland, Brandon) |
| Filing 372 MOTION to Adopt/Join #370 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law (Expedited) by DC Capital Law Firm, LLP. (Smith, Sheena) |
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Filing 371
PAPERLESS ORDER taking under advisement #370 Expedited Motion for a 30-Day Enlargement of Time to Respond to Plaintiffs' Motion for Summary Judgment and requiring Plaintiffs to file an expedited response to the motion by no later than 3:00 PM on May 22, 2020. Signed by Magistrate Judge Bruce E. Reinhart on 5/20/2020. (kry)
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| Filing 370 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law (Expedited) by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Robinson, Dwayne) |
| Filing 369 Statement of: Material Facts in Support of Motion for Partial Summary Judgment by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC re #368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law (Attachments: #1 Exhibit A Panopoulos Depo, #2 Exhibit B Newton Mailer, #3 Exhibit C Trust Agreement, #4 Exhibit D Harris Affidavit, #5 Exhibit E Declaration, #6 Exhibit F Bylaws)(Crossland, Brandon) |
| Filing 368 MOTION for Partial Summary Judgment Pertaining to Count II of 3d Am Complaint and Incorporated Memo of Law by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Responses due by 5/26/2020 (Crossland, Brandon) |
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Filing 367
PAPERLESS ORDER granting #366 Unopposed Motion for Ryan J. Clarkson to Withdraw as Counsel for Defendants. Ryan Clarkson withdrawn from case. Signed by Magistrate Judge Bruce E. Reinhart on 5/8/2020. (kry)
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| Filing 366 Unopposed MOTION to Withdraw as Attorney for Defendants by Ryan J. Clarkson for / by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 5/22/2020 (Lopez, Javier) |
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Filing 365
PAPERLESS ORDER granting #362 Matthew Fornaro, P.A.'s Motion to Withdraw as Counsel of Record. Matthew Fornaro withdrawn from case. Any corporate defendant unrepresented by counsel as a result of Mr. Fornaro's withdrawal shall obtain new counsel within 14 days of the date of this Order. Corporate defendants must be represented by counsel and the failure to timely obtain new counsel may result in default without further notice. Deadline to obtain new counsel: 5/20/2020. Signed by Magistrate Judge Bruce E. Reinhart on 5/6/2020. (kry)
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| Filing 364 PERMANENT INJUNCTION AND ENTRY OF STIPULATED FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 54(B) AS TO DEFENDANTS, US CONSUMER ATTORNEYS, P.A.,1 PLANETMEDIA. INC., AND HENRY PORTNER. ESQ. #361 STIPULATION (Jt) for Entry of Permanent Injunction Signed by Magistrate Judge Bruce E. Reinhart on 5/6/2020. See attached document for full details. (ail) |
| Filing 363 RESPONSE in Opposition re #362 MOTION to Withdraw as Attorney by Matthew Fornaro for / filed by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Replies due by 5/6/2020. (Crossland, Brandon) |
| Filing 362 MOTION to Withdraw as Attorney by Matthew Fornaro for / by 1PLANETMEDIA INC., Pluto Marketing Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. Responses due by 5/11/2020 (Fornaro, Matthew) |
| Filing 361 STIPULATION (Jt) for Entry of Permanent Injunction by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Text of Proposed Order - Injunction, #2 Exhibit to Proposed Injunction)(Crossland, Brandon)Event Modified on 5/6/2020 (ail). |
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Filing 360
PAPERLESS ORDER granting in part and denying in part #356 Joint Motion for Extension of Deadlines. The Court adopts the parties' proposed discovery deadlines as set forth in DE 356-1, but denies the request to stay the case for a period of ninety (90) days. Signed by Magistrate Judge Bruce E. Reinhart on 4/7/2020. (kry)
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Filing 359
AMENDED ORDER SETTING TRIAL PROCEDURES AND AMENDED PRETRIAL SCHEDULING ORDER: ( Jury Trial set for 4/19/2021 09:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart., Pretrial Conference set for 4/12/2021 02:00 PM before Magistrate Judge Bruce E. Reinhart., Discovery due by 1/8/2021., Mediation Deadline 2/12/2021., In Limine Motions due by 2/1/2021., Dispositive Motions due by 2/1/2021., Motions due by 2/1/2021., Pretrial Stipulation due by 4/1/2021.), Motions terminated: #356 Joint MOTION for Extension of Time to Extend All Deadlines filed by Diamond Resorts Management, Inc., Diamond Resorts International, Inc., Diamond Resorts Corporation, Diamond Resorts U.S. Collection Development, LLC. Motions terminated: #356 Joint MOTION for Extension of Time to Extend All Deadlines filed by Diamond Resorts Management, Inc., Diamond Resorts International, Inc., Diamond Resorts Corporation, Diamond Resorts U.S. Collection Development, LLC. Signed by Magistrate Judge Bruce E. Reinhart on 4/6/2020. See attached document for full details. (pcs) #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.
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Filing 358
PAPERLESS ORDER setting Status Conference for 6/17/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone on 6/17 using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 4/6/2020. (kry)
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Filing 357
PAPERLESS ORDER cancelling Discovery Hearing previously set for 4/9/2020 at 1:30 p.m., in light of counsel's representation to the Court at DE 356 that there are no pending discovery disputes. Cancellation of the 4/9 hearing is without prejudice to the parties requesting a telephonic hearing with Judge Reinhart should a discovery dispute later arise. Signed by Magistrate Judge Bruce E. Reinhart on 4/6/2020. (kry)
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| Filing 356 Joint MOTION for Extension of Time to Extend All Deadlines by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/16/2020 (Attachments: #1 Text of Proposed Order)(Crossland, Brandon) |
| Filing 355 TRANSCRIPT of Hearing held on 3/3/2020 before Magistrate Judge Bruce E. Reinhart, 1-174 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/2/2020. Redacted Transcript Deadline set for 4/13/2020. Release of Transcript Restriction set for 6/10/2020. (apz) |
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Filing 354
PAPERLESS ORDER terminating #342 Motion. Plaintiffs' Memorandum of Law Regarding the Newton Defendants' Second Request for Production of Documents was improperly designated as a motion. Signed by Magistrate Judge Bruce E. Reinhart on 3/11/2020. (kry)
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Filing 353
PAPERLESS ORDER terminating #341 Motion. Plaintiffs' Memorandum of Law Regarding Defendants' Objections to Deposition Testimony of Brian Parker and the Corporate Representative of Newton Group Exit, LLC, was improperly designated as a motion. Signed by Magistrate Judge Bruce E. Reinhart on 3/11/2020. (kry)
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| Filing 352 NOTICE of Attorney Appearance by Lindy Kathryn Keown on behalf of Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Attorney Lindy Kathryn Keown added to party Diamond Resorts Corporation(pty:pla), Attorney Lindy Kathryn Keown added to party Diamond Resorts International, Inc.(pty:pla), Attorney Lindy Kathryn Keown added to party Diamond Resorts Management, Inc.(pty:pla), Attorney Lindy Kathryn Keown added to party Diamond Resorts U.S. Collection Development, LLC(pty:pla). (Keown, Lindy) |
| Filing 351 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 3/3/2020. Total time in court: 3 hours: 9 minutes. (Digital 13:06:19/15:50:24). The Court will hold another Discovery Hearing on 4/9/2020 at 1:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone on 4/9 using the conference call instructions previously provided. (kry) |
| Filing 350 RESPONSE to #349 Notice (Other),, -to Tardy, Add'l Arguments Outlined in Joint Discovery Memorandum and Request for Sanctions by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - 2-27-2020 Email, #2 Exhibit B - 2-28-2020 Email)(Crossland, Brandon) |
| Filing 349 NOTICE by DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #311 Order Joint Discovery Memorandum Regarding Issues to Be Heard at Omnibus Discovery Hearing Scheduled for March 3, 2020 (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 Exhibit M) (Lopez, Javier) |
| Filing 348 NOTICE by DC Capital Law Firm, LLP re #339 Notice (Other), MEMORANDUM OF LAW REGARDING DC CAPITAL LAW FIRM, LLPS OBJECTIONS TO DEPOSITION TESTIMONY OF BRIAN PARKER (Vine, S.) |
| Filing 347 TRANSCRIPT of Hearing held on 2/12/2020 before Magistrate Judge Bruce E. Reinhart, 1-112 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/13/2020. Redacted Transcript Deadline set for 3/23/2020. Release of Transcript Restriction set for 5/21/2020. (apz) |
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Filing 346
PAPERLESS ORDER granting #344 DC Capital Law Firm, LLP's Motion for Extension of Time to File Brief in Support of Brian Parker's Deposition Objections Chart. Signed by Magistrate Judge Bruce E. Reinhart on 2/21/2020. (kry)
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Filing 345
PAPERLESS ORDER setting Discovery Hearing for 3/3/2020 at 1:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone on 3/3 by using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 2/21/2020. (kry)
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| Filing 344 MOTION for Extension of Time to File Brief in Support of its Objections included in Brian Parker's Deposition Objection Chart re #339 Notice (Other), by DC Capital Law Firm, LLP. Responses due by 3/5/2020 (Vine, S.) |
| Filing 343 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC Defendants Newton Group Transfers, LLC, The Newton Group, ESA LLC, Interval Broker Direct, LLC, and Newton Group Exit, LLCs Memorandum Regarding Discovery Issues Originally Scheduled to be Heard on March 3, 2020 and Currently Being Rescheduled (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Lopez, Javier) |
| Filing 342 MOTION Memorandum of Law Regarding Newton Defendants' 2d Request for Production by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Production Letters, #2 Exhibit B - Affirmative Defenses, #3 Exhibit C - Chart)(Crossland, Brandon) |
| Filing 341 MOTION Memorandum of Law Regarding Defendants' Objections to Testimony of Brian Parker and Corp Rep of Newton Group Exit by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - 11-22-19 Letter, #2 Exhibit B - 11-26-19 Letter, #3 Exhibit C - Request for Production, #4 Exhibit D - Depo Transcript Excerpts)(Crossland, Brandon) |
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Filing 340
ORDER ON DISCOVERY RULING; denying #330 Motion to Compel. Signed by Magistrate Judge Bruce E. Reinhart on 2/14/2020. See attached document for full details. (ail)
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| Filing 339 NOTICE by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC Deposition Objection Chart (Attachments: #1 Exhibit Depo Chart) (Crossland, Brandon) |
| Filing 338 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC Jointly Prepared Chart Identifying Discovery Dispute Regarding Plaintiffs Objections to Newton Defendants Second Requests for Production of Documents to be Heard at Omnibus Discovery Hearing Scheduled for March 3, 202 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Lopez, Javier) |
| Filing 337 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 2/12/2020. Total time in court: 2 hours : 17 minutes. (Digital 15:02:36) (kry) |
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Filing 336
PAPERLESS ORDER approving the terms of the parties' Amended Confidentiality Stipulation filed at DE 334. Signed by Magistrate Judge Bruce E. Reinhart on 2/12/2020. (kry)
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| Filing 335 STATUS REPORT by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Exhibit A - Privilege Log, #2 Exhibit B - Hrg Transcript, #3 Exhibit C - Overview/Chart, #4 Exhibit D - Interrogs & Responses, #5 Exhibit E - Request to Produce & Responses, #6 Exhibit F - Interrogs & Responses, #7 Exhibit G - Meet & Confer Communications)(Crossland, Brandon) |
| Filing 334 NOTICE of Filing Amended Confidentiality Stipulation by Diamond Resorts U.S. Collection Development, LLC and Diamond Resorts Hawaii Collection Development, LLC (Attachments: #1 Exhibit Amended Confidentiality Stipulation, #2 Exhibit Promise of Confidentiality) (Jacobson, Joshua)Text Modified on 2/10/2020 (ail). |
| Filing 333 REPLY to Response to Motion re #330 MOTION to Compel Production of Unredacted Copy of DC Capital Law Firm's Partnership Agreement filed by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A)(Brady, Julie) |
| Filing 332 RESPONSE in Opposition re #330 MOTION to Compel Production of Unredacted Copy of DC Capital Law Firm's Partnership Agreement filed by DC Capital Law Firm, LLP. Replies due by 2/12/2020. (Vine, S.) |
| Filing 331 TRANSCRIPT of Hearing held on 1/13/2020 before Magistrate Judge Bruce E. Reinhart, 1-79 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/18/2020. Redacted Transcript Deadline set for 2/27/2020. Release of Transcript Restriction set for 4/27/2020. (apz) |
| Filing 330 MOTION to Compel Production of Unredacted Copy of DC Capital Law Firm's Partnership Agreement by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 2/7/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brady, Julie) |
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Filing 329
PAPERLESS ORDER setting Status Conference Re: Discovery Matters for 2/12/2020 at 3:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Joint Discovery Status Report due by 5:00 PM on 2/10/2020. Counsel may appear by phone at the 2/12 Discovery Status Conference using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 1/15/2020. (kry)
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Filing 327
PAPERLESS ORDER terminating #323 Discovery Memorandum Motion because filing was improperly designated a motion by the filer. Signed by Magistrate Judge Bruce E. Reinhart on 1/15/2020. (kry)
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Filing 326
PAPERLESS ORDER terminating #324 Motion for Discovery because filing was improperly designated a motion by the filer. Signed by Magistrate Judge Bruce E. Reinhart on 1/15/2020. (kry)
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| Filing 328 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 1/13/2020. Total time in court: 1 hour: 24 minutes. Written Order Memorializing Discovery Rulings to Follow. (Digital 13:01:47) (kry) |
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Filing 325
PAPERLESS ORDER denying as moot #322 Motion for Extension of Time. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 324 Joint MOTION for Discovery Memorandum for January 13, 2020 Hearing by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 1/23/2020 (Attachments: #1 Exhibit A - Requests/Responses, #2 Exhibit B - Second Request, #3 Exhibit C - Letter to Parker, #4 Exhibit D - Depo Transcript of Parker)(Crossland, Brandon) |
| Filing 323 MOTION Newton Defendants' Discovery Memorandum Relating to Hearing Scheduled for January 13, 2020 re 321 Order,, Set/Reset Hearings, by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA 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)(Lopez, Javier) |
| Filing 322 Unopposed MOTION for Extension of Time to File Joint Discovery Report re #311 Order by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 1/22/2020 (Attachments: #1 Text of Proposed Order)(Crossland, Brandon) |
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Filing 321
PAPERLESS ORDER setting Discovery Hearing for 1/13/2020 at 1:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The parties' Joint Discovery Status Report is due by 5:00 P.M. on 1/8/2020. Counsel may appear by phone on 1/13 using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 1/13/2020. (kry)
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Filing 320
ORDER SETTING TRIAL PROCEDURES AND PRETRIAL SCHEDULING ORDER. SCHEDULING ORDER: Jury Trial set for 1/19/2021 09:30 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Pretrial Conference set for 1/12/2021 02:00 PM before Magistrate Judge Bruce E. Reinhart. Amended Pleadings due by 11/6/2019. Discovery due by 10/9/2020. Joinder of Parties due by 11/6/2019. Mediation Deadline 11/20/2020. In Limine Motions due by 11/9/2020. Dispositive Motions due by 11/9/2020. Motions due by 11/9/2020. Signed by Magistrate Judge Bruce E. Reinhart on 11/7/2019. See attached document for full details. (amb) #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.
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Filing 319
PAPERLESS ORDER re 317 Order. The Court hereby clarifies it prior Order increasing the number of depositions and interrogatories in this matter [DE 317]. For purposes of that Order, all of the plaintiffs shall be treated as a single "party" and shall collectively have 20 depositions and 40 interrogatories. U.S. Consumer Attorneys, P.A., Mr. Sussman, and Mr. Portner shall be treated as a single "party" and shall collectively have 20 depositions and 40 interrogatories. D.C. Capital Law Firm, LLP shall have 20 depositions and 40 interrogatories. The remaining defendants ("the Newton Defendants") shall be treated as a single "party" and shall collectively have 20 depositions and 40 interrogatories. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 318 TRANSCRIPT of Discovery Hearing held on 10/15/2019 before Magistrate Judge Bruce E. Reinhart, 1-103 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/18/2019. Redacted Transcript Deadline set for 11/29/2019. Release of Transcript Restriction set for 1/26/2020. (Attachments: #1 Designation Access Form)(apz) |
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Filing 317
PAPERLESS ORDER re #316 SCHEDULING REPORT. The Court has reviewed the joint scheduling report and finds the suggested timeline to be appropriate. A separate scheduling order will be entered. Having considered the needs of the case and the other factors under Federal Rule of Civil Procedure 26(b)(1), and after further consideration of the parties' views, the Court will not limit the number of timeshare owners from whom, or about whom, the parties can take discovery. Instead, the Court will defer to the parties to decide how to manage their own discovery, including allocating their limited number of depositions and interrogatories. It is therefore ORDERED, pursuant to Federal Rule of Civil Procedure 30(a)(2), that each party may take 20 depositions, total. It is FURTHER ORDERED, pursuant to Federal Rule of Civil Procedure 33(a)(1), that each party may serve 40 written interrogatories, total. The granting of these additional discovery tools is without prejudice to (1) any party (or third party) seeking a protective order or other limit on the scope of discovery, (2) any party seeking leave for additional depositions or interrogatories upon a showing of good cause, or (3) the parties stipulating to more interrogatories, pursuant to Rule 33(a)(1). Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 316 Joint SCHEDULING REPORT - Rule 16.1 by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Crossland, Brandon) |
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Filing 315
ORDER MEMORIALIZING DISCOVERY RULINGS. ORDER granting in part and denying in part #305 Motion for Protective Order. Joint Scheduling Report due by 10/23/2019. Signed by Magistrate Judge Bruce E. Reinhart on 10/21/2019. See attached document for full details. (amb)
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| Filing 314 NOTICE of Attorney Appearance by Joshua Robert Jacobson on behalf of DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Attorney Joshua Robert Jacobson added to party DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC(pty:pla). (Jacobson, Joshua) |
| Filing 313 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 10/15/2019. Total time in court: 2 hours : 2 minutes. (Digital 15:59:54) (kry) |
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Filing 311
AMENDED STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 10/15/2019. See attached document for full details. (amb)
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| Filing 310 NOTICE by Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re 308 Order,,,, Set/Reset Hearings,,, Newton Defendants Notice of Discovery Disputes in Response to Court Order Issued October 13, 2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Lopez, Javier) |
| Filing 309 NOTICE FOR OCTOBER 15, 2019 HEARING by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Crossland, Brandon)Text Modified on 10/15/2019 (ail). |
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Filing 308
PAPERLESS ORDER taking under advisement #305 Plaintiffs' Motion for Protective Order and setting for Discovery Hearing on 10/15/2019 at 4:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The Court will address the following matters at the October 15 hearing: (1) Plaintiffs' Motion for Protective Order (DE 305) and the Newton Defendants' Response in Opposition (DE 307); (2) any pending discovery disputes; (3) the status of the discovery plan; and (4) setting new pretrial deadlines and trial dates. Any party wishing to raise a discovery dispute on October 15 shall file a notice by 5:00 PM on October 14 of no more than three (3) pages that sets forth the disputed issue(s). Counsel may appear by phone at the 10/15 Discovery Hearing using the call-in instructions previously provided at DE 297. Signed by Magistrate Judge Bruce E. Reinhart on 10/11/2019. (kry)
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| Filing 307 RESPONSE in Opposition re #305 MOTION for Protective Order filed by Newton Group Transfers, LLC. Replies due by 10/15/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lopez, Javier) |
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Filing 306
PAPERLESS ORDER vacating #269 Scheduling Order and requiring submission of a joint scheduling report that includes the information required by Local Rule 16.1. The joint scheduling report is due on October 23, 2019. Signed by Magistrate Judge Bruce E. Reinhart on 10/8/2019. (kry)
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| Filing 305 MOTION for Protective Order by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Crossland, Brandon) |
| ***Hearing(s) terminated re: DE #240 as to prior presider. (jmd) |
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Filing 304
ORDER OF REFERENCE to Magistrate Judge Bruce E. Reinhart for Trial. Judge Robin L. Rosenberg no longer assigned as presider/referral judge(s) in case. Signed by Judge Robin L. Rosenberg on 9/20/2019. See attached document for full details. (ail)
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| Filing 303 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by DC Capital Law Firm, LLP (Smith, Sheena) |
| Filing 312 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 9/13/2019. Total time in court: 1 hour : 36 minutes. (Digital 11:54:20) (kry) |
| Filing 302 REPORT REGARDING Comprehensive Discovery Memorandum For September 13th Hearing by Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA 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)(Robinson, Dwayne) |
| Filing 301 REPORT REGARDING Joint Discovery Memorandum for September 13, 2019 Hearing by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Crossland, Brandon) |
| Filing 300 TRANSCRIPT of Case Management Status Conference held on 8/30/2019 before Magistrate Judge Bruce E. Reinhart, 1-62 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (Attachments: #1 Designation Access Form)(apz) |
| Filing 299 NOTICE of Compliance JOINT NOTICE OF COMPLIANCE WITH ORDER MEMORIALIZING STATUS CONFERENCE RULINGS by Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #275 Order,,, Set/Reset Deadlines,, (Lopez, Javier) |
| Filing 298 NOTICE of Attorney Appearance by Brian Thomas Giles on behalf of Henry Neil Portner, US CONSUMER ATTORNEYS, P.A.. Attorney Brian Thomas Giles added to party Henry Neil Portner(pty:dft), Attorney Brian Thomas Giles added to party US CONSUMER ATTORNEYS, P.A.(pty:dft). (Giles, Brian) |
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Filing 297
PAPERLESS ORDER setting Status Conference Re: Discovery Matters for 9/13/2019 at 11:30 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 9/13/2019. (kry)
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| Filing 296 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 8/30/2019. Total time in court: 59 minutes. (Digital 14:00:39) (kry) |
| Filing 295 NOTICE by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #269 Scheduling Order,,, Order Referring Case to Mediation,, of Mediation (and by Plt Diamond Resorts Hawaii Collection Dev. LLC) (Crossland, Brandon) |
| Filing 294 NOTICE of Compliance With Order Memorializing Status Conference Rulings (ECFNo. 275) by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #275 Order,,, Set/Reset Deadlines,, (Lopez, Javier) |
| Filing 293 NOTICE of Compliance Defendant DC Capital Law Firm, LLP's Notice of Compliance with Order Memorializing Status Conference Rulings [DE 275] by DC Capital Law Firm, LLP re #275 Order,,, Set/Reset Deadlines,, (Smith, Sheena) |
| Filing 292 NOTICE of Compliance by 1PLANETMEDIA INC., Pluto Marketing Inc., Henry Neil Portner, US CONSUMER ATTORNEYS, P.A. re #275 Order,,, Set/Reset Deadlines,, (Fornaro, Matthew) |
| Filing 291 NOTICE of Compliance AMENDED JOINT DISCOVERY MEMO BY DIAMOND RESORTS HAWAII COLLECTION DEV. AND by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #27 Order, 289 Order,, Set/Reset Deadlines/Hearings, (Attachments: #1 Exhibit 1 - Hearing Transcript Excerpts, #2 Exhibit 2 - Preliminary Depo Notices, #3 Exhibit 3 - Depo Notices, #4 Exhibit 4 - Emails) (Crossland, Brandon) |
| Filing 290 NOTICE by DC Capital Law Firm, LLP re #27 Order, 289 Order,, Set/Reset Deadlines/Hearings, DC Capital Law Firm, LLP's Discovery Memorandum (Attachments: #1 Exhibit Excerpt from Discovery Hearing Transcript, #2 Exhibit Notices of Preliminary Depositions, #3 Exhibit Notices of Substantive Depositions) (Smith, Sheena) |
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Filing 289
PAPERLESS ORDER setting a Discovery Hearing for 8/30/2019 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear telephonically by using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; AND Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 8/26/2019. (hk02)
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| Filing 288 Clerks Notice to Filer re #286 Notice (Other),. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ail) |
| Filing 287 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier) |
| Filing 286 NOTICE OF STATUS REPORT PURSUANT TO ORDER MEMORIALIZING STATUS CONFERENCE RULINGS by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #275 Order,,, Set/Reset Deadlines,, (Lopez, Javier) Text Modified on 8/22/2019 (ail). |
| Filing 285 STATUS REPORT in Compliance with Order Memoralizing Status Conference Rulings DE 275 by DC Capital Law Firm, LLP (Smith, Sheena) |
| Filing 284 STATUS REPORT by 1PLANETMEDIA INC., Pluto Marketing Inc., Henry Neil Portner, US CONSUMER ATTORNEYS, P.A. (Fornaro, Matthew) |
| Filing 283 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by 1PLANETMEDIA INC., Pluto Marketing Inc., Henry Neil Portner, US CONSUMER ATTORNEYS, P.A.. (Fornaro, Matthew) |
| Filing 282 Defendant's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by DC Capital Law Firm, LLP. (Smith, Sheena) |
| Filing 281 NOTICE of Compliance (and by Plt Diamond Resorts Hawaii Collection Dev LLC by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #275 Order,,, Set/Reset Deadlines,, (Crossland, Brandon) |
| Filing 280 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #275 Order,,, Set/Reset Deadlines,, Notice of Intent to Continue to Pursue Claims Against Robert Sussman (Crossland, Brandon) |
| Filing 279 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #275 Order,,, Set/Reset Deadlines,, Of Joinder and Agreement to be Bound to Confidentiality Stipulation [ECF No. 126] (Lopez, Javier) |
| Filing 278 NOTICE of Compliance (and by Plt Diamond Resorts Hawaii Collection Dev. LLC) by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #275 Order,,, Set/Reset Deadlines,, (Crossland, Brandon) |
| Filing 277 NOTICE by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #126 Order of Agreement (& Plt Diamond Resorts Hawaii Collection Dev. LLC) (Crossland, Brandon) |
| Filing 276 NOTICE by DC Capital Law Firm, LLP re #126 Order Notice of Joinder and Agreement to Be Bound to Confidentiality Stipulation (Smith, Sheena) |
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Filing 275
ORDER MEMORIALIZING STATUS CONFERENCE RULINGS. 1PLANETMEDIA INC. response due 8/21/2019; DC Capital Law Firm, LLP response due 8/21/2019; Interval Broker Direct, LLC response due 8/21/2019; Newton Group Exit, LLC response due 8/21/2019; Newton Group Transfers, LLC response due 8/21/2019; Pluto Marketing Inc. response due 8/21/2019; Henry Neil Portner response due 8/21/2019; Robert Sussman response due 8/21/2019; The Newton Group, ESA LLC response due 8/21/2019; US CONSUMER ATTORNEYS, P.A. response due 8/21/2019. Signed by Judge Robin L. Rosenberg on 8/6/2019. See attached document for full details. (amb) Modified text on 8/6/2019 (asl).
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| ***Amended Complaint Deadline(s) terminated. (asl) |
| Filing 274 PAPERLESS Minute Entry for proceedings held before Judge Robin L. Rosenberg: Status Conference held on 8/5/2019. Total time in court: 2 hour(s) : 20 minutes. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (mg) |
| Filing 273 STATUS REPORT (Conference) by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC (Attachments: #1 Exhibit A - Comparison of the Second and Third Amended Complaint)(Lopez, Javier) |
| Filing 272 Third AMENDED COMPLAINT [and by Plaintiff Diamond Resorts Hawaii Collection Development, LLC] against 1PLANETMEDIA INC., DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, Pluto Marketing Inc., Henry Neil Portner, Robert Sussman, The Newton Group, ESA LLC, US CONSUMER ATTORNEYS, P.A. filed in response to Order Granting Motion for Leave, filed by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Attachments: #1 Exhibit A - Diagram of Affiliations, #2 Exhibit B Newton Defendant Letter, #3 Exhibit C - Website Guarantees, #4 Exhibit D - Example Resume, #5 Exhibit E - Call Script, #6 Exhibit F - Welcome Letter, #7 Exhibit G - Power of Attorney, #8 Exhibit H - Consumer Guide, #9 Exhibit I - Form Letters)(Crossland, Brandon) |
| Filing 271 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re 268 Order,,,, Set/Reset Deadlines/Hearings,,, (Notice of Telephonic Appearance) (Robinson, Dwayne) |
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Filing 270
OMNIBUS ORDER ADOPTING MAGISTRATES REPORT AND RECOMMENDATIONS, GRANTING MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT, AND DENYING MOTION TO STAY AS MOOT. ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Motions terminated: #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Newton Group Exit, LLC, Interval Broker Direct, LLC, The Newton Group, ESA LLC, Newton Group Transfers, LLC, #262 MOTION for Leave to File Third Amended Complaint filed by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS CORPORATION, DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, #211 Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by DC Capital Law Firm, LLP, #263 MOTION to Stay re #260 Objections to Report and Recommendations, #261 Objections to Report and Recommendations TO STAY RULING RE filed by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS CORPORATION, DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, #258 REPORT AND RECOMMENDATIONS re #228 REPORT AND RECOMMENDATIONS re #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO.; denying #209 Motion to Dismiss for Lack of Jurisdiction; denying #211 Motion to Dismiss for Failure to State a Claim; Adopting #258 Report and Recommendations. Certificate of Appealability: No Ruling; granting #262 Motion for Leave to File ; denying as moot #263 Motion to Stay Signed by Judge Robin L. Rosenberg on 7/30/2019. See attached document for full details. (amb)
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Filing 269
"VACATED" SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. SCHEDULING ORDER: ( Discovery due by 12/2/2019., Dispositive Motions due by 1/2/2020.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 1/31/2020.) Signed by Judge Robin L. Rosenberg on 7/30/2019. See attached document for full details. (amb) #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. Modified on 10/9/2019 (ls). (Vacated per DE #306)
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Filing 268
PAPERLESS ORDER setting Status Conference Re: Case Management/Posture Matters for 8/5/2019 at 02:00 PM in West Palm Beach before Judge Robin L. Rosenberg. In-state counsel is ordered to appear in person; out-of-state counsel may appear by phone but must file a notice of telephonic appearance at least one (1) day prior to the Status Conference. The notice must include a certification that (1) counsel will not use a speakerphone to conduct the call and (2) counsel will conduct the call in a quiet environment without excessive background noise. Instructions for appearing via telephone are as follows: (1) Please call five (5) minutes prior to the Status Conference. (2) The toll-free number is: 1 (877) 873-8018. (3) The access code is: 9890482. (4) The security code is: 4008. Signed by Judge Robin L. Rosenberg on 7/29/2019. (kbs)
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| Filing 267 RESPONSE to #260 Objections to Report and Recommendations, #261 Objections to Report and Recommendations by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Crossland, Brandon) |
| Filing 266 TRANSCRIPT of Discovery Hearing held on 3/6/2019 before Magistrate Judge Bruce E. Reinhart, 1-26 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2019. Redacted Transcript Deadline set for 8/26/2019. Release of Transcript Restriction set for 10/24/2019. (Attachments: #1 Designation Access Form)(apz) |
| Filing 265 TRANSCRIPT of Plaintiff's Motion to Compel held on 11/6/2018 before Magistrate Judge Bruce E. Reinhart, 1-67 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2019. Redacted Transcript Deadline set for 8/26/2019. Release of Transcript Restriction set for 10/24/2019. (Attachments: #1 Designation Access Form)(apz) |
| Filing 264 TRANSCRIPT of Discovery Hearing held on 6/20/2018 before Magistrate Judge Bruce E. Reinhart, 1-29 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2019. Redacted Transcript Deadline set for 8/26/2019. Release of Transcript Restriction set for 10/24/2019. (Attachments: #1 Designation Access Form)(apz) |
| Filing 263 MOTION to Stay re #260 Objections to Report and Recommendations, #261 Objections to Report and Recommendations TO STAY RULING RE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 8/9/2019 (Crossland, Brandon) |
| Filing 262 MOTION for Leave to File Third Amended Complaint by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Attachments: #1 Exhibit 1 - 3d Am Complaint)(Crossland, Brandon) |
| Filing 261 OBJECTIONS to #258 Report and Recommendations by DC Capital Law Firm, LLP. (Smith, Sheena) |
| Filing 260 OBJECTIONS to #258 Report and Recommendations by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit A)(Lopez, Javier) |
| Filing 259 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #258 REPORT AND RECOMMENDATIONS re #228 REPORT AND RECOMMENDATIONS re #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO -NOTICE OF INTENT NOT TO OBJECT (Crossland, Brandon) |
| Filing 258 AMENDED REPORT AND RECOMMENDATION ON DEFENDANTS MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT (DE 209, 211). REPORT AND RECOMMENDATIONS re #228 REPORT AND RECOMMENDATIONS re #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint, Defendant's MOTION TO DISMISS #176 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Newto Recommending that the District Court DENY the Motions to Dismiss. Objections to R&R due by 7/17/2019 Signed by Magistrate Judge Bruce E. Reinhart on 7/2/2019. See attached document for full details. (amb) |
| Filing 257 Notice of Supplemental Authority re #234 Objections to Report and Recommendations, by Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC (Attachments: #1 Exhibit Transcript, Diamond Resorts Intl, Inc. et al.) (Robinson, Dwayne) |
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Filing 256
PAPERLESS ORDER granting #255 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Catherine E. Woltering. Signed by Magistrate Judge Bruce E. Reinhart on 6/25/2019. (kry)
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| Filing 255 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Catherine E. Woltering. Filing Fee $ 75.00 Receipt # 113C-11760137 by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 7/9/2019 (Attachments: #1 Certification of Catherine Woltering, #2 Text of Proposed Order)(Crossland, Brandon) |
| Filing 254 RESPONSE to 250 Order,, by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Crossland, Brandon) |
| Filing 253 NOTICE of Attorney Appearance by Julie Singer Brady on behalf of DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Attorney Julie Singer Brady added to party DIAMOND RESORTS CORPORATION(pty:pla), Attorney Julie Singer Brady added to party DIAMOND RESORTS INTERNATIONAL, INC.(pty:pla), Attorney Julie Singer Brady added to party DIAMOND RESORTS MANAGEMENT, INC.(pty:pla), Attorney Julie Singer Brady added to party DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC(pty:pla). (Brady, Julie) |
| Filing 252 TRANSCRIPT of Discovery Hearing held on 6/6/2019 before Magistrate Judge Bruce E. Reinhart, 1-78 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2019. Redacted Transcript Deadline set for 7/18/2019. Release of Transcript Restriction set for 9/16/2019. (Attachments: #1 Designation Access Form)(apz) |
| Filing 251 TRANSCRIPT of Case Management Status Conference held on 4/24/2018 before Magistrate Judge Bruce E. Reinhart, 1-27 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2019. Redacted Transcript Deadline set for 7/18/2019. Release of Transcript Restriction set for 9/16/2019. (Attachments: #1 Designation Access Form)(apz) |
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Filing 250
PAPERLESS ORDER requiring Plaintiffs to brief the issue of whether they having standing to bring a claim for false advertising under the Lanham Act. Plaintiffs' response must also address whether Wyndham Vacation Ownership, et al v. Reed Hein & Associates, LLC, et al, 18-cv-02171-GAP-DCI (M.D. Fla. May 23, 2019), compels dismissal of this case. Consistent with the District Court's Order at DE 249, Plaintiffs shall brief only those matters not previously addressed in the R&R. Plaintiffs' Response is due by no later than 6/18/2019. Signed by Magistrate Judge Bruce E. Reinhart on 6/12/2019. (kry)
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Filing 249
PAPERLESS ORDER denying as moot #248 Motion for Extension of Time in light of the Court's referral to Judge Reinhart at DE 246. The Court will not rule on the Report and Recommendation at DE 228 until Judge Reinhart issues a supplemental Report and Recommendation, at which time the parties will again have an opportunity to object and respond to those objections. Signed by Judge Robin L. Rosenberg on 6/11/2019. (kbs)
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| Filing 248 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #233 Objections to Report and Recommendations, #234 Objections to Report and Recommendations, by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Attachments: #1 Text of Proposed Order)(Crossland, Brandon) |
| Filing 247 TRANSCRIPT of Discovery Status Proceedings held on 5/22/2019 before Magistrate Judge Bruce E. Reinhart, 1-46 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/4/2019. (apz) |
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Filing 246
PAPERLESS ORDER deferring ruling on #228 Report and Recommendations. The Motions to Dismiss filed at DE 209 and DE 211 are re-referred to Judge Reinhart to consider, as he deems appropriate, in light of the objections filed in response to the Report and Recommendations. Signed by Judge Robin L. Rosenberg on 6/6/2019. (kbs)
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Filing 245
PAPERLESS ORDER granting #242 Motion to Expedite; denying #242 Motion to Stay. This case will proceed through discovery while the Motion to Dismiss is pending. Signed by Judge Robin L. Rosenberg on 6/6/2019. (kbs)
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| Filing 244 Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 6/6/2019. Total time in court: 1 hour: 11 minutes (Digital 14:03:46) (kry) |
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Filing 243
PAPERLESS ORDER granting #239 Motion to Withdraw as Attorney. Eric Christu; Glennys Ortega Rubin; Daniel Joseph Barsky and Alfred Joseph Bennington, Jr withdrawn from case. Signed by Judge Robin L. Rosenberg on 6/6/2019. (kbs)
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| Filing 242 MOTION to Expedite Resolution of, MOTION to Stay Proceedings and Discovery ( Responses due by 6/19/2019) by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier) |
| Filing 241 TRANSCRIPT of Motion Hearing held on 5/23/18 before Magistrate Judge Bruce E. Reinhart, 1-86 pages, Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/26/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/3/2019. (dmr) |
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Filing 240
AMENDED ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE, ORDER OF REQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE. SCHEDULING ORDER: ( Jury Trial set for 3/30/2020 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 3/25/2020 09:00 AM before Judge Robin L. Rosenberg., Status Conference set for 2/12/2020 09:30 AM before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for appropriate disposition of all pro hac vice motions, motions to substitute counsel, and pretrial motions related to discovery.. Signed by Judge Robin L. Rosenberg on 6/4/2019. See attached document for full details. (amb) #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.
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| Filing 239 Unopposed MOTION to Withdraw as Attorney Unopposed Motion for Shutts & Bowen LLP To Withdraw as Counsel for Plaintiffs by Shutts & Bowen LLP for / by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 6/18/2019 (Bennington, Alfred) |
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Filing 238
PAPERLESS ORDER permitting counsel to appear by phone at the Discovery Hearing set for 6/6/19 at 2:00PM. Counsel may call-in using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 6/3/2019. (kry)
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| Filing 237 NOTICE of Filing Discovery: Joint Discovery Memorandum by DC Capital Law Firm, LLP. (Attachments: #1 Exhibit, #2 Exhibit)(Smith, Sheena) |
| Filing 236 NOTICE of Attorney Appearance by Brandon Thomas Crossland on behalf of DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Attorney Brandon Thomas Crossland added to party DIAMOND RESORTS CORPORATION(pty:pla), Attorney Brandon Thomas Crossland added to party DIAMOND RESORTS INTERNATIONAL, INC.(pty:pla), Attorney Brandon Thomas Crossland added to party DIAMOND RESORTS MANAGEMENT, INC.(pty:pla), Attorney Brandon Thomas Crossland added to party DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC(pty:pla). (Crossland, Brandon) |
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Filing 235
PAPERLESS ORDER setting Discovery Hearing for 6/6/2019 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Joint Discovery Memorandum due by 5:00 PM on 5/31/2019. Signed by Magistrate Judge Bruce E. Reinhart on 5/29/2019. (kry)
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| Filing 234 OBJECTIONS to #228 Report and Recommendations Concerning Their Motion to Dismiss The Second Amended Complaint by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC, US CONSUMER ATTORNEYS, P.A.. (Attachments: #1 Exhibit)(Lopez, Javier) |
| Filing 233 OBJECTIONS to #228 Report and Recommendations by DC Capital Law Firm, LLP. (Smith, Sheena) |
| Filing 232 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 5/22/2019. Total time in court: 53 minutes. (Digital 14:05:03) (kry) |
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Filing 231
PAPERLESS ORDER denying #230 Unopposed Motion for Continuance of Status Conference set for 5/22/2019 at 2:00PM, given the procedural nature of the hearing (entry of new Scheduling Order) and the Court's unavailability the week of 5/28. Signed by Magistrate Judge Bruce E. Reinhart on 5/21/2019. (kry)
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| Filing 230 Unopposed MOTION to Continue re 229 Order,, Set/Reset Hearings, by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 6/3/2019 (Attachments: #1 Text of Proposed Order)(Lopez, Javier) |
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Filing 229
PAPERLESS ORDER setting Status Conference Re: Scheduling/Deadlines/Procedural Matters for 5/22/2019 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone at the 5/22 hearing using the following conference call instructions:Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 5/20/2019. (kry)
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| Filing 228 REPORT AND RECOMMENDATION ON DEFENDANTS MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT (DE 209, 211) re #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint, Defendant's MOTION TO DISMISS #176 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Newton Group Exit, LLC, Interval Broker Direct, LLC, The Newton Group, ESA LLC, Newton Group Transfers, LLC, #211 Defendant's MOTION TO DISMISS #176 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by DC Capital Law Firm, LLP Recommending that the District Court DENY the Motions to Dismiss. Objections to R&R due by 5/28/2019 Signed by Magistrate Judge Bruce E. Reinhart on 5/14/2019. See attached document for full details. (amb) |
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Filing 227
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for a Status Conference regarding scheduling matters. Judge Reinhart will set the status conference by separate order. The parties should be prepared to discuss setting trial and other pretrial deadlines for this case. Signed by Judge Robin L. Rosenberg on 5/13/2019. (kbs)
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Filing 226
ORDER OF RECUSAL. Judge Rodolfo A Ruiz recused. Case reassigned back to Judge Robin L. Rosenberg for all further proceedings. Signed by Judge Rodolfo A Ruiz on 5/9/2019. See attached document for full details. (bms)
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Filing 225
ORDER REASSIGNING CASE to Judge Rodolfo A Ruiz for all further proceedings, Judge Robin L. Rosenberg no longer assigned to case Signed by Judge Robin L. Rosenberg on 5/6/2019. See attached document for full details. (jmd)
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| Filing 224 SUGGESTION OF DEATH as to Robert Sussman by 1PLANETMEDIA INC., Pluto Marketing Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A. (Fornaro, Matthew) |
| Filing 223 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 3/6/2019. Total time in court: 20 minutes. (Digital 16:14:59) (kry) |
| Filing 222 NOTICE of Attorney Appearance by Eric Christu on behalf of DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Attorney Eric Christu added to party DIAMOND RESORTS CORPORATION(pty:pla), Attorney Eric Christu added to party DIAMOND RESORTS INTERNATIONAL, INC.(pty:pla), Attorney Eric Christu added to party DIAMOND RESORTS MANAGEMENT, INC.(pty:pla), Attorney Eric Christu added to party DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC(pty:pla). (Christu, Eric) |
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Filing 221
PAPERLESS ORDER setting Discovery Hearing for 3/6/2019 at 4:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Joint Status Report due by 5:00PM on 3/5/2019. Counsel may appear by phone using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 3/4/2019. (kry)
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Filing 220
PAPERLESS ORDER REFERRING #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction; #211 Defendant's MOTION TO DISMISS to Judge Bruce E. Reinhart for appropriate disposition. Signed by Judge Robin L. Rosenberg on 2/27/2019. (kbs)
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Filing 219
PAPERLESS ORDER denying #210 Motion for Judicial Notice. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 218 REPLY to Response to Motion re #211 Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by DC Capital Law Firm, LLP. (Vine, S.) |
| Filing 217 REPLY to Response to Motion re #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier) |
| Filing 216 RESPONSE in Opposition re #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Replies due by 2/14/2019. (Bennington, Alfred) |
| Filing 215 RESPONSE in Opposition re #211 Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Replies due by 2/14/2019. (Bennington, Alfred) |
| Filing 214 Defendant's REPLY to #210 Defendant's MOTION for Court to Take Judicial Notice re #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE a Claim by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier) |
| Filing 213 RESPONSE in Opposition re #210 Defendant's MOTION for Court to Take Judicial Notice re #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE Plaintiffs' Response in Opposition to Newton Group Transfers, LLC, The Newton Group ESA, LLC, Newton Group Exit, LLC and Interval Broker Direct, LLC's Motion for the Court to Take Judicial Notice of Asssurance Agreement filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Replies due by 2/5/2019. (Bennington, Alfred) |
| Filing 212 NOTICE of Striking #208 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Newton Group Exit, LLC, Interval Broker Direct, LLC, The Newton Group, ESA LLC, Newton Group Transfers, LLC by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC (Lopez, Javier) |
| Filing 211 Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM by DC Capital Law Firm, LLP. Attorney S. Jonathan Vine added to party DC Capital Law Firm, LLP(pty:dft). Responses due by 2/7/2019 (Vine, S.) |
| Filing 210 Defendant's MOTION for Court to Take Judicial Notice re #209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit A)(Lopez, Javier) |
| Filing 209 Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, , Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM ( Responses due by 2/7/2019) by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier) |
| Filing 208 STRICKEN Defendant's MOTION to Dismiss for Lack of Jurisdiction #176 Amended Complaint,,, , Defendant's MOTION TO DISMISS #176 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM ( Responses due by 2/7/2019) by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier) Modified on 1/25/2019 per DE #212 Notice of Striking (kpe). |
| Filing 207 SUMMONS (Affidavit) Returned Executed on #176 Amended Complaint,,, with a 21 day response/answer filing deadline by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC.. The Newton Group, ESA LLC served on 12/18/2018, answer due 1/24/2019. (Bennington, Alfred) |
| Filing 206 SUMMONS (Affidavit) Returned Executed on #176 Amended Complaint,,, with a 21 day response/answer filing deadline by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC.. Interval Broker Direct, LLC served on 12/18/2018, answer due 1/24/2019. (Bennington, Alfred) |
| Filing 205 SUMMONS (Affidavit) Returned Executed on #176 Amended Complaint,,, with a 21 day response/answer filing deadline by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC.. Newton Group Transfers, LLC served on 12/18/2018, answer due 1/24/2019. (Bennington, Alfred) |
| Filing 204 SUMMONS (Affidavit) Returned Executed on #176 Amended Complaint,,, with a 21 day response/answer filing deadline by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC.. Pluto Marketing Inc. served on 12/19/2018, answer due 1/9/2019. (Bennington, Alfred) |
| Filing 203 SUMMONS (Affidavit) Returned Executed on #176 Amended Complaint,,, with a 21 day response/answer filing deadline by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC.. DC Capital Law Firm, LLP served on 12/19/2018, answer due 1/24/2019. (Bennington, Alfred) |
| Filing 202 SUMMONS (Affidavit) Returned Executed on #176 Amended Complaint,,, with a 21 day response/answer filing deadline by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC.. 1PLANETMEDIA INC. served on 12/19/2018, answer due 1/9/2019. (Bennington, Alfred) |
| Filing 201 SUMMONS (Affidavit) Returned Executed on #176 Amended Complaint,,, with a 21 day response/answer filing deadline by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC.. Newton Group Exit, LLC served on 12/19/2018, answer due 1/24/2019. (Bennington, Alfred) |
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Filing 200
PAPERLESS ORDER granting #198 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeffrey Wittenberg, Esq. Signed by Magistrate Judge Bruce E. Reinhart on 1/16/2019. (kry)
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Filing 199
PAPERLESS ORDER granting #197 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ryan Clarkson, Esq. Signed by Magistrate Judge Bruce E. Reinhart on 1/16/2019. (kry)
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| Filing 198 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey Wittenberg. Filing Fee $ 75.00 Receipt # 113C-11317006 by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 1/30/2019 (Attachments: #1 Text of Proposed Order)(Lopez, Javier) |
| Filing 197 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ryan Clarkson. Filing Fee $ 75.00 Receipt # 113C-11316952 by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 1/30/2019 (Attachments: #1 Text of Proposed Order)(Lopez, Javier) |
| Filing 196 NOTICE of Attorney Appearance by Javier Asis Lopez on behalf of Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC (Lopez, Javier) |
| Filing 195 NOTICE of Attorney Appearance by Dwayne Antonio Robinson on behalf of Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Attorney Dwayne Antonio Robinson added to party Interval Broker Direct, LLC(pty:dft), Attorney Dwayne Antonio Robinson added to party Newton Group Exit, LLC(pty:dft), Attorney Dwayne Antonio Robinson added to party Newton Group Transfers, LLC(pty:dft), Attorney Dwayne Antonio Robinson added to party The Newton Group, ESA LLC(pty:dft). (Robinson, Dwayne) |
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Filing 194
PAPERLESS ORDER granting in part and denying in part #193 Motion for Extension of Time to File Response/Answer. DC Capital Law Firm's answer due 1/24/2019. Signed by Judge Robin L. Rosenberg on 1/9/2019. (kbs)
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| Filing 193 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #176 Amended Complaint,,, by DC Capital Law Firm, LLP. Attorney Sheena Danielle Smith added to party DC Capital Law Firm, LLP(pty:dft). (Attachments: #1 Exhibit proposed order)(Smith, Sheena) |
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Filing 192
PAPERLESS ORDER granting in part and denying in part #191 Motion for Extension of Time to File Response/Answer. Answer due 1/24/2019 from the moving Defendants, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC, and Interval Broker Direct, LLC. Signed by Judge Robin L. Rosenberg on 1/9/2019. (kbs)
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| Filing 191 First MOTION for Extension of Time to File Response/Reply/Answer as to #176 Amended Complaint,,, by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Attorney Javier Asis Lopez added to party Interval Broker Direct, LLC(pty:dft), Attorney Javier Asis Lopez added to party Newton Group Exit, LLC(pty:dft), Attorney Javier Asis Lopez added to party Newton Group Transfers, LLC(pty:dft), Attorney Javier Asis Lopez added to party The Newton Group, ESA LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Lopez, Javier) |
| Filing 190 Summons Issued as to 1PLANETMEDIA INC., DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, Pluto Marketing Inc., The Newton Group, ESA LLC. (jas) |
| Filing 189 NOTICE of Filing Proposed Summons(es) Pluto Marketing Inc. by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Bennington, Alfred) |
| Filing 188 NOTICE of Filing Proposed Summons(es) 1PLANETMEDIA INC. by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Bennington, Alfred) |
| Filing 187 NOTICE of Filing Proposed Summons(es) Newton Group Transfers, LLC by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Bennington, Alfred) |
| Filing 186 NOTICE of Filing Proposed Summons(es) The Newton Group, ESA, LLC by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Bennington, Alfred) |
| Filing 185 NOTICE of Filing Proposed Summons(es) Interval Broker Direct, LLC by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Bennington, Alfred) |
| Filing 184 NOTICE of Filing Proposed Summons(es) Newton Group Exit, LLC by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Bennington, Alfred) |
| Filing 183 NOTICE of Filing Proposed Summons(es) DC Capital Law Firm LLP by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Bennington, Alfred) |
| Filing 182 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by 1PLANETMEDIA INC., Pluto Marketing Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. (Fornaro, Matthew) |
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Filing 181
PAPERLESS ORDER. In light of the agreement to the motion by all parties and the fact that substitute counsel has already been retained, the #180 Motion to Withdraw as Attorney is GRANTED. Howard Scott Marks and Sheena Thakrar withdrawn from case. Signed by Judge Robin L. Rosenberg on 12/3/2018. (kbs)
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| Filing 180 Agreed MOTION to Withdraw as Attorney by Howard Marks and Sheena Thakrar for / by Henry Neil Portner, Robert Sussman. Responses due by 12/17/2018 (Marks, Howard) |
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Filing 179
PAPERLESS ORDER. In light of the agreement to the motion by all parties and the fact that substitute counsel has already been retained, the #178 Motion to Withdraw as Attorney is GRANTED. Lawrence G. Walters withdrawn from case. Signed by Judge Robin L. Rosenberg on 12/3/2018. (kbs)
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| Filing 178 Agreed MOTION to Withdraw as Attorney by Lawrence G. Walters for / by Henry Neil Portner, Robert Sussman. Responses due by 12/17/2018 (Walters, Lawrence) |
| Filing 177 NOTICE of Attorney Appearance by Matthew Fornaro on behalf of 1PLANETMEDIA INC., Pluto Marketing Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. Attorney Matthew Fornaro added to party 1PLANETMEDIA INC.(pty:dft), Attorney Matthew Fornaro added to party Pluto Marketing Inc.(pty:dft), Attorney Matthew Fornaro added to party Henry Neil Portner(pty:dft), Attorney Matthew Fornaro added to party Robert Sussman(pty:dft), Attorney Matthew Fornaro added to party US CONSUMER ATTORNEYS, P.A.(pty:dft). (Fornaro, Matthew) |
| Filing 176 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Summon(s) DC Capital, #25 Summon(s) Newton Group Exit, #26 Summon(s) Interval Broker, #27 Summon(s) Newton Group ESA, #28 Summon(s) Newton Group Transfers, #29 Summon(s) 1PLANETMEDIA, #30 Summon(s) Pluto Marketing)(Bennington, Alfred) |
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Filing 175
PAPERLESS ORDER granting #174 Motion for Extension of Time. Second Amended Complaint due 11/30/18. No further extensions will be granted. Signed by Judge Robin L. Rosenberg on 11/19/2018. (kbs)
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| Filing 174 Unopposed MOTION for Extension of Time to File Second Amended Complaint by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 12/3/2018 (Attachments: #1 Text of Proposed Order)(Barsky, Daniel) |
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Filing 173
PAPERLESS ORDER granting in part and denying in part #151 Plaintiffs' Amended and Renewed Motion to Compel Discovery Responses from Defendant US Consumer Attorneys, P.A., for all the reasons stated on the record at the 11/6/18 hearing. As also stated on the record at the 11/6 hearing, Plaintiffs' Motion for Sanctions Due to US Consumer Attorneys, P.A.'s, Contempt of Court [DE 151] is denied without prejudice for Plaintiffs to file a supplemental motion that specifies the nature of the sanctions that Plaintiffs are requesting. Signed by Magistrate Judge Bruce E. Reinhart on 11/14/2018. (kry)
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Filing 172
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting #127 Motion to Dismiss for Failure to State a Claim; granting #145 Motion to Amend/Correct ; granting in part and denying in part #152 Motion ; denying as moot #159 Motion to Strike ; Adopting #168 Report and Recommendations. Certificate of Appealability: No Ruling Signed by Judge Robin L. Rosenberg on 11/13/2018. See attached document for full details. (cqs)
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| Filing 171 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Hearing on Plaintiffs' Motion to Compel held on 11/6/2018. Total time in court: 1 hour : 12 minutes. (Digital 14:06:38) (kry) |
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Filing 170
PAPERLESS ORDER taking under advisement #151 Motion to Compel. The Court will hear argument on the Motion to Compel on 11/6/2018 at 2:00PM. Counsel may appear by phone at the 11/6 hearing using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 11/6/2018. (kry)
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| Set/Reset Hearings Motion Hearing set for 11/6/2018 at 02:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. (kry) |
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Filing 169
PAPERLESS ORDER denying as moot #167 Defendant USCA's Motion for Extension of Time to File Response to Motion to Strike Affirmative Defenses in light of the filing of the Report and Recommendation at DE 168. Signed by Magistrate Judge Bruce E. Reinhart on 10/26/2018. (kry)
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Filing 168
REPORT AND RECOMMENDATIONS re #127 MOTION TO DISMISS #90 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Henry Neil Portner, Robert Sussman, #159 Plaintiff's MOTION to Strike #148 Answer to Amended Complaint filed by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS CORPORATION, DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, #147 Reply to Response to Motion filed by Henry Neil Portner, Robert Sussman, #152 MOTION to Extend Remaining Deadlines Set Forth in Scheduling Order re #29 Order,, Set/Reset Deadlines/Hearings,, Order Referring Case to Mediation, filed by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS CORPORATION, DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC Objections to R&R due by 11/9/2018 Signed by Magistrate Judge Bruce E. Reinhart on 10/24/2018. See attached document for full details. (ail)
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| Filing 167 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #164 Notice (Other), Plaintiffs Motion to Strike by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry) |
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Filing 166
PAPERLESS ORDER REFERRING #159 Plaintiff's MOTION to Strike to Judge Bruce E. Reinhart for the appropriate disposition. Signed by Judge Robin L. Rosenberg on 10/23/2018. (kbs)
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| Filing 165 REPLY to Response to Motion re #151 Amended MOTION to Compel Responses from Defendant US Consumer Attorneys, P.A., and for Sanctions Due to US Consumer Attorneys, P.A.'s Contempt of Court filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Barsky, Daniel) |
| Filing 164 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #159 Plaintiff's MOTION to Strike #148 Answer to Amended Complaint Amended Certification of Good-Faith Conference Pursuant to Local Rule 7.1(a)(3) (Bennington, Alfred) |
| Filing 163 REPLY to Response to Motion re #152 MOTION to Extend Remaining Deadlines Set Forth in Scheduling Order re #29 Order,, Set/Reset Deadlines/Hearings,, Order Referring Case to Mediation, filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Barsky, Daniel) |
| Filing 162 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Motion Hearing held on 10/11/2018 on #127 Defendants' Motion to Dismiss Amended Complaint. For the reasons stated on the record at the 10/11 hearing, no depositions shall take place until resolution of the Motion to Dismiss and service of process on all parties of a Second Amended Complaint. In the interim the parties may continue to conduct documentary discovery. Total time in court: 1 hour: 28 minutes. (Digital 14:04:40) (kry) |
| Filing 161 PAPERLESS ORDER CANCELLING SETTLEMENT CONFERENCE: In light of Judge Reinhart's notice that the parties wish to cancel the settlement conference set for October 26, 2018, the settlement conference is hereby CANCELLED. Signed by U.S. Magistrate Judge Dave Lee Brannon on 10/17/2018. (js03) |
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Filing 160
PAPERLESS ORDER Cancelling Discovery Status Conference previously set for 10/30/2018 at 2:30pm before Magistrate Judge Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/17/2018. (kry)
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| Filing 159 Plaintiff's MOTION to Strike #148 Answer to Amended Complaint by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 10/30/2018 (Bennington, Alfred) |
| Filing 158 RESPONSE in Opposition re #151 Amended MOTION to Compel Responses from Defendant US Consumer Attorneys, P.A., and for Sanctions Due to US Consumer Attorneys, P.A.'s Contempt of Court filed by US CONSUMER ATTORNEYS, P.A.. Replies due by 10/22/2018. (Portner, Henry) |
| Filing 157 RESPONSE in Opposition re #152 MOTION to Extend Remaining Deadlines Set Forth in Scheduling Order re #29 Order,, Set/Reset Deadlines/Hearings,, Order Referring Case to Mediation, (Defendants' Opposition to Motion to Extend Remaining Deadlines Set Forth in Scheduling Order) filed by Henry Neil Portner, Robert Sussman. Replies due by 10/17/2018. (Marks, Howard) |
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Filing 156
PAPERLESS ORDER setting Telephone Conference for 10/11/2018 at 02:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The Court will hear argument on #127 Motion to Dismiss Amended Complaint and #145 Motion for Leave to File Second Amended Complaint. Defendants shall file an expedited response to #152 Motion to Extend Remaining Deadlines Set Forth in Scheduling Order by 10/10/2018 at 5:00PM. Counsel may appear by phone using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 10/5/2018. (kry)
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Filing 155
PAPERLESS ORDER REFERRING #152 MOTION to Extend Remaining Deadlines to Judge Bruce E. Reinhart for appropriate disposition. Signed by Judge Robin L. Rosenberg on 10/5/2018. (kbs)
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| Filing 154 REPLY to #145 MOTION to Amend/Correct Plaintiff's Motion for Leave to File Second Amended Complaint, #150 Response in Opposition to Motion, in Support of Plaintiffs' Motion for Leave to File Second Amended Complaint by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rubin, Glennys) |
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Filing 153
PAPERLESS ORDER denying as moot #149 Motion to Compel in light of Amended Motion to Compel [DE 151]. Signed by Magistrate Judge Bruce E. Reinhart (BER)
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| Filing 152 MOTION to Extend Remaining Deadlines Set Forth in Scheduling Order re #29 Order,, Set/Reset Deadlines/Hearings,, Order Referring Case to Mediation, by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Barsky, Daniel) |
| Filing 151 Amended MOTION to Compel Responses from Defendant US Consumer Attorneys, P.A., and for Sanctions Due to US Consumer Attorneys, P.A.'s Contempt of Court by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 10/15/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Barsky, Daniel) |
| Filing 150 RESPONSE in Opposition re #145 MOTION to Amend/Correct Plaintiff's Motion for Leave to File Second Amended Complaint filed by Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. Replies due by 10/5/2018. (Walters, Lawrence) |
| Filing 149 MOTION to Compel Answers to Interrogatory and Production of Documents and for Sanctions by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 10/12/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barsky, Daniel) |
| Filing 148 Defendant US Consumer Attorneys, P.A. First Amended ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry) |
| Filing 147 REPLY to Response to Motion re #127 MOTION TO DISMISS #90 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Henry Neil Portner, Robert Sussman. (Walters, Lawrence) |
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Filing 146
PAPERLESS ORDER referring [DE 145] Plaintiffs' Motion for Leave to File Second Amended Complaint to Magistrate Judge Bruce E. Reinhart for appropriate disposition. Signed by Judge Robin L. Rosenberg on 9/17/2018. (kbs)
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| Filing 145 MOTION to Amend/Correct Plaintiff's Motion for Leave to File Second Amended Complaint by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 9/28/2018 (Attachments: #1 Exhibit)(Barsky, Daniel) |
| Filing 144 RESPONSE in Opposition re #127 MOTION TO DISMISS #90 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Replies due by 9/21/2018. (Barsky, Daniel) |
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Filing 143
PAPERLESS ORDER denying as moot #124 Motion to Strike in light of the Court's order permitting an amended answer at docket entry 142. Signed by Judge Robin L. Rosenberg on 9/13/2018. (bkd)
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Filing 142
PAPERLESS ORDER granting #135 Motion for Leave to File Amended Answer. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Robin L. Rosenberg on 9/13/2018. (bkd)
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Filing 141
PAPERLESS ORDER granting in part and denying in part #140 Plaintiffs' Second Unopposed Motion for Extension of Time to Respond to Motion to Dismiss. Plaintiffs shall file a Response to the Motion to Dismiss or alternatively a Motion to Amend the Complaint by 5:00PM on 9/14/18. Plaintiffs are cautioned that this Order does not authorize the filing of a Second Amended Complaint. Because the deadline for filing amended pleadings was 6/18/18 (DE 29), Plaintiffs may file a Second Amended Complaint only with the written consent of all Defendants or leave of Court. See Order at DE 6, page 5, paragraph 5, and Fed. R. Civ. P. 15. A party seeking leave to amend must comply with the procedure set forth in Local Rule 15.1. Signed by Magistrate Judge Bruce E. Reinhart on 9/5/2018. (kry)
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| Filing 140 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #127 MOTION TO DISMISS #90 Amended Complaint, FOR FAILURE TO STATE A CLAIM (Second) by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Attachments: #1 Text of Proposed Order Exhibit 1 - proposed Order)(Barsky, Daniel) |
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Filing 139
PAPERLESS ORDER granting #138 Unopposed Motion for Extension of Time to File Response to #127 Motion to Dismiss Amended Complaint. Responses due by 9/4/2018. Signed by Magistrate Judge Bruce E. Reinhart on 8/29/2018. (kry)
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| Filing 138 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #127 MOTION TO DISMISS #90 Amended Complaint, FOR FAILURE TO STATE A CLAIM by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Attachments: #1 Text of Proposed Order Exhibit 1)(Barsky, Daniel) |
| Filing 137 RESPONSE in Opposition re #135 Defendant's MOTION for Leave to File an Amended Answer and Affirmative Defenses and Alternative Motion for Extension of Time to Respond to Motion to Strike and Memorandum of Law filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Replies due by 9/4/2018. (Barsky, Daniel) |
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Filing 136
PAPERLESS ORDER expediting briefing on #135 Defendant's MOTION for Leave to File an Amended Answer and Affirmative Defenses and Alternative Motion for Extension of Time to Respond to Motion to Strike. Plaintiff's response is due by 8/27/2018. Signed by Judge Robin L. Rosenberg on 8/23/2018. (ege)
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| Filing 135 Defendant's MOTION for Leave to File an Amended Answer and Affirmative Defenses and Alternative Motion for Extension of Time to Respond to Motion to Strike and Memorandum of Law by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry) |
| Filing 134 NOTICE by Robert Sussman Promise of Confidentiality (Portner, Henry) |
| Filing 133 NOTICE by Henry Neil Portner Promise of Confidentiality (Portner, Henry) |
| Filing 132 NOTICE by US CONSUMER ATTORNEYS, P.A. Promise of Confidentiality (Portner, Henry) |
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Filing 131
ORDER SCHEDULING SETTLEMENT CONFERENCE BEFORE U.S. MAGISTRATE JUDGE - Settlement Conference set for 10/26/2018 at 10:00 AM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon. Signed by Magistrate Judge Dave Lee Brannon on 8/17/2018. See attached document for full details. (ail)
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Filing 130
PAPERLESS ORDER referring #124 Plaintiffs' Motion to Strike Defendant's Separate Defenses and #127 Defendants Portner's and Sussman's Motion to Dismiss Amended Complaint to Judge Bruce E. Reinhart for appropriate disposition. Signed by Judge Robin L. Rosenberg on 8/15/2018. (ege)
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| Filing 129 NOTICE by US CONSUMER ATTORNEYS, P.A. Defendant's Notice of Service of Supplemental Answers to Plaintiffs' Request for Production of Documents (Portner, Henry) |
| Filing 128 NOTICE by US CONSUMER ATTORNEYS, P.A. Defendant's Notice of Service of Supplemental Responses to Plaintiffs First Interrogatories (Portner, Henry) |
| Filing 127 MOTION TO DISMISS #90 Amended Complaint, FOR FAILURE TO STATE A CLAIM by Henry Neil Portner, Robert Sussman. Responses due by 8/28/2018 (Walters, Lawrence) |
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Filing 126
ORDER approving Confidentiality Stipulation submitted by Defendants. See attached document for more details. Signed by Magistrate Judge Bruce E. Reinhart on 8/14/2018. (kry)
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| Filing 125 PAPERLESS ORDER CANCELING SETTLEMENT CONFERENCE: Upon notice from Plaintiffs' counsel that the parties wish to continue tomorrow's settlement conference, the Court hereby CANCELS the settlement conference set for 8/14/2018. The Court notes that the 10/25/2018 date is no longer available on its calendar, but 10/26/2018 and 10/29/2018 remain available for settlement conference. Signed by U.S. Magistrate Judge Dave Lee Brannon on 8/13/2018. (js03) |
| Filing 124 MOTION to Strike #112 Answer to Amended Complaint Affirmative Defenses by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Responses due by 8/24/2018 (Barsky, Daniel) |
| Filing 123 NOTICE of Attorney Appearance by Howard Scott Marks on behalf of Henry Neil Portner, Robert Sussman. Attorney Howard Scott Marks added to party Henry Neil Portner(pty:dft), Attorney Howard Scott Marks added to party Robert Sussman(pty:dft). (Marks, Howard) |
| Filing 122 TRANSCRIPT of Proceedings held on 7/25/2018 before Magistrate Judge Bruce E. Reinhart, 1-117 pages, Court Reporter: Other, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 11/1/2018. (apz) |
| Filing 121 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re 120 Order, Notice of Filing Proposed Protective Order (Attachments: #1 Exhibit A (Proposed Protective Order)) (Barsky, Daniel) |
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Filing 120
PAPERLESS ORDER requiring the parties to produce documents and verified interrogatories by August 14, 2018, in accordance with the Court's rulings from the bench during the discovery hearing held on 7/25/18. The parties shall file a confidentiality agreement by 8/1/18. Signed by Magistrate Judge Bruce E. Reinhart on 7/25/2018. (kry)
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| Filing 119 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 7/25/2018. Total time in court: 2 hour(s) : 05 minutes. (Digital 9:57:40) (kry) |
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Filing 118
PAPERLESS ORDER granting #98 Motion to Seal. Matters should remain sealed permanently. Signed by Magistrate Judge Bruce E. Reinhart on 7/25/2018. (kry)
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Filing 117
PAPERLESS ORDER granting #116 Defendant Portner's and Sussman's Agreed Motion for Extension of Time to Respond to Amended Complaint. Defendant Portner's and Sussman's responsive pleading due by August 16, 2018. Signed by Judge Robin L. Rosenberg on 7/25/2018. (ege)
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| Filing 116 MOTION for Extension of Time to File Response/Reply/Answer as to #90 Amended Complaint, by Henry Neil Portner, Robert Sussman. Attorney Lawrence G. Walters added to party Henry Neil Portner(pty:dft), Attorney Lawrence G. Walters added to party Robert Sussman(pty:dft). (Walters, Lawrence) |
| Filing 115 NOTICE OF UNAVAILABILITY by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC for dates of May 14, 2019 - June 5, 2019 (Bennington, Alfred) |
| Filing 114 Statement of: Plaintiffs' Response to Defendant's Memorandum Regarding Plaintiff's(sic) Objections to Defendant's Discovery Demands by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #97 Memorandum, (Barsky, Daniel) |
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Filing 113
PAPERLESS ORDER denying as moot #111 Plaintiffs' Motion for Default Judgment Against Defendant US Consumer Attorneys, P.A. in light of #112 Defendant US Consumer Attorneys, P.A. Answer to the Plaintiff's Amended Complaint, Separate Defenses and Demand for Jury Trial. Signed by Judge Robin L. Rosenberg on 7/23/2018. (ege)
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| Filing 112 Defendant, US Consumer Attorneys, P.A. ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry) |
| Filing 111 Plaintiff's MOTION for Default Judgment Against Defendant, US Consumer Attorneys, P.A. by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Attachments: #1 Exhibit Proposed Order)(Barsky, Daniel) |
| Filing 110 SUMMONS (Affidavit) Returned Executed on #90 Amended Complaint, #1 Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION. (Barsky, Daniel) |
| Filing 109 SUMMONS (Affidavit) Returned Executed on #90 Amended Complaint, #1 Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION. DIAMOND RESORTS MANAGEMENT, INC. served on 7/18/2018, answer due 8/1/2018; DIAMOND RESORTS INTERNATIONAL, INC. served on 7/18/2018, answer due 8/1/2018; DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC served on 7/18/2018, answer due 8/1/2018; DIAMOND RESORTS CORPORATION served on 7/18/2018, answer due 8/1/2018. (Barsky, Daniel) |
| Filing 108 MEMORANDUM in Support of Defendants Discovery Responses to Plaintiff by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry) |
| Filing 107 Summons Issued as to Henry Neil Portner, Robert Sussman. (rms1) |
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Filing 106
PAPERLESS ORDER extending deadline for counsel to file Response to discovery memoranda to 7/23/18 at 5:00pm. Signed by Magistrate Judge Bruce E. Reinhart on 7/9/2018. (kry)
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Filing 105
PAPERLESS ORDER granting in part and denying in part #103 Motion to Continue. The hearing previously scheduled for 7/11/18 at 2:00 PM is cancelled due to the Court's unexpected unavailability. The discovery hearing is reset for 7/25/18 at 10:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Defense counsel must appear in person at this hearing. Signed by Magistrate Judge Bruce E. Reinhart on 7/9/2018. (kry)
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| Filing 104 RESPONSE in Opposition re #103 Defendant's MOTION to Continue Discovery Hearing on July 11, 2018 filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Replies due by 7/13/2018. (Barsky, Daniel) |
| Filing 103 Defendant's MOTION to Continue Discovery Hearing on July 11, 2018 by US CONSUMER ATTORNEYS, P.A.. Responses due by 7/20/2018 (Portner, Henry) |
| Filing 102 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #90 Amended Complaint, of Filing Proposed Summonses (Attachments: #1 Summon(s) (proposed) Summons - Henry Portner, Esq., #2 Summon(s) (proposed) Summons - Robert Sussman) (Barsky, Daniel) |
| Filing 101 STATUS REPORT Plaintiff's Discovery Memorandum by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Barsky, Daniel) |
| Filing 100 REDACTION to 80 Order to Show Cause,,,,, by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Barsky, Daniel) |
| Filing 98 MOTION to Seal a Portion of its Supplemental Response to Order to Show Cause per Local Rule 5.4 by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Attachments: #1 Text of Proposed Order) (Barsky, Daniel) |
| SYSTEM ENTRY - Docket Entry 99 [misc] restricted/sealed until further notice. (1028571) |
| Filing 97 MEMORANDUM in Opposition Regarding Plaintiffs Objections to Defendants Discovery Demands by US CONSUMER ATTORNEYS, P.A.. (Attachments: #1 Supplement Defendants First Set of Interrogatories to Plaintiff, #2 Supplement Defendants Demand for Production, #3 Supplement Plaintiffs Responses to Request for Production, #4 Supplement Plaintiffs Notice of Answers to Interrogatories)(Portner, Henry) |
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Filing 96
*Endorsed Order permitting counsel to file additional supplemental response re: Order to Show Cause [DE 80] as to why entirety of the parties' Confidential Settlement Agreement should remain under seal. Response(s) due by 6/29/18 at 5:00pm. Signed by Magistrate Judge Bruce E. Reinhart on 6/20/2018. (kry)
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Filing 95
*Endorsed Order setting Discovery Hearing for 7/11/2018 at 02:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel are required to appear in person unless further ordered by the Court. Plaintiff and Defendant(s) shall file discovery memoranda detailing their positions regarding any discovery disputes by June 29 at 5:00pm. Counsel for each party may file Responses to the abovementioned memoranda by July 9 at 12:00pm. Counsel are directed to comply with the page limits set forth in the Standing Discovery Order [DE 27] in submitting their memoranda. Signed by Magistrate Judge Bruce E. Reinhart on 6/20/2018. (kry)
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| Filing 94 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 6/20/2018. Total time in court: 0 hour(s): 28 minutes. (Digital 14:01:01) (kry) |
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Filing 93
*Endorsed Order permitting Daniel J. Barsky, Esq. to appear at the hearing on 6/20/18 by telephone. Counsel shall use the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 6/20/2018. (kry) Signed by Magistrate Judge Bruce E. Reinhart on 6/20/2018. (kry)
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Filing 92
*Endorsed Order permitting Glennys Ortega Rubin, Esq. to appear at the hearing on 6/20/18 by telephone. Counsel shall use the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 6/20/2018. (kry)
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| Filing 91 RESPONSE TO ORDER TO SHOW CAUSE re 80 Order to Show Cause,,,,, by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION. (Barsky, Daniel) |
| Filing 90 First AMENDED COMPLAINT against US CONSUMER ATTORNEYS, P.A., Henry Neil Portner, Robert Sussman, filed by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit Composite 3, #4 Exhibit 4)(Barsky, Daniel) |
| Filing 89 NOTICE by US CONSUMER ATTORNEYS, P.A. Notice of Service of Responses to Plaintiffs' Request for Interrogatories (Portner, Henry) |
| Filing 88 NOTICE by US CONSUMER ATTORNEYS, P.A. Notice of Service of Responses to Plaintiffs' Request for Admissions (Portner, Henry) |
| Filing 87 NOTICE by US CONSUMER ATTORNEYS, P.A. Service of Defendant's Answers to Plaintiff's Request for Production (Portner, Henry) |
| Filing 86 Defendant's RESPONSE to Plaintiff's Discovery Motion by US CONSUMER ATTORNEYS, P.A.. (Attachments: #1 Supplement Defendant's Response to Interr., #2 Defendant's Response to Production, #3 Defendant's Response to Admissions, #4 Plaintiffs' Response to Interr., #5 Plaintiffs Response to Demand for Production)(Portner, Henry) |
| Filing 85 Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry) |
| Filing 84 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re 82 Endorsed Order,, Set/Reset Hearings, Plaintiffs' Discovery Memorandum (Attachments: #1 Composite Exhibit A, #2 Exhibit B) (Barsky, Daniel) |
| Filing 83 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC of Telephonic Appearance at 6/20/18 Discovery Hearing (Rubin, Glennys) |
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Filing 82
*Endorsed Order setting Discovery Hearing for 6/20/2018 at 02:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel for Plaintiff shall file on the docket a memorandum not to exceed three (3) pages specifying the substance of the discovery matter and attaching all relevant materials by 5:00pm on 6/15/18. Defense counsel may file a Response not to exceed three (3) pages by 5:00pm on 6/18/18. Signed by Magistrate Judge Bruce E. Reinhart on 6/11/2018. (kry)
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Filing 81
ORDER denying #23 Motion to Change Venue. Signed by Magistrate Judge Bruce E. Reinhart on 6/6/2018. (ail)
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| Set/Reset Answer Due Deadline: US CONSUMER ATTORNEYS, P.A. Answer due 6/20/2018. SEE DE #81 ORDER (ail) |
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Filing 80
SUPPLEMENTAL ORDER TO SHOW CAUSE as to why the remaining portions of the parties' Confidential Settlement Agreement [DE 54] should remain under seal. The parties' Response [DE 75] to the prior Order to Show Cause [DE 74] does not sufficiently demonstrate good cause for why the entirety of the Confidential Settlement Agreement should remain under seal. See Romero v. Drummond Co., Inc., 480 F.3d 1234, 1246 (11th Cir. 2007)("The common law right of access may be overcome by a showing of good cause, which requires balanc[ing] the asserted right of access against the other party's interest in keeping the information confidential. [W]hether good cause exists... is... decided by the nature and character of the information in question. In balancing the public interest in accessing court documents against a party's interest in keeping the information confidential, courts consider, among other factors, whether allowing access would impair court functions or harm legitimate privacy interests, the degree of and likelihood of injury if made public, the reliability of the information, whether there will be an opportunity to respond to the information, whether the information concerns public officials or public concerns, and the availability of a less onerous alternative to sealing the documents."). Show Cause Response due by 6/19/2018. Signed by Magistrate Judge Bruce E. Reinhart on 6/5/2018. (kry)
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Filing 79
AMENDED ORDER modifying the Court's Order granting Motion to Seal [DE 53]. In accordance with the parties' Agreed Response to Order to Show Cause [DE 75], the Clerk of Court is directed to unseal the following portions of the Confidential Settlement Agreement [DE 54]: Section III; Section IV, Paragraph 1; and Section V, Paragraphs 1, 7, 8, 10, and 21. The remaining portions of the Confidential Settlement Agreement [DE 54] shall remain under seal. Signed by Magistrate Judge Bruce E. Reinhart on 6/4/2018. (kry)
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| Filing 78 Clerks Notice to Filer re #75 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 77 Response to Order to Show Cause. It is not necessary to refile this document. (pes) |
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Filing 76
ORDER SCHEDULING SETTLEMENT CONFERENCE BEFORE U.S. MAGISTRATE JUDGE - Settlement Conference set for 8/14/2018 at 10:00 AM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon. Signed by Magistrate Judge Dave Lee Brannon on 5/31/2018. (ail)
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| Filing 77 RESPONSE TO ORDER TO SHOW CAUSE re 74 Order to Show Cause, by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION. See DE #75 for image. (pes) |
| Filing 75 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re 74 Order to Show Cause, Agreed Response to Order to Show Cause (Barsky, Daniel) |
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Filing 74
ORDER TO SHOW CAUSE re: Sealed Confidential Settlement Agreement (DE 54). In light of the parties' extensive quoting of the Confidential Settlement Agreement in the Motion to Transfer Venue (DE 23) and during oral argument on 5/23/18, the parties are ordered to show cause why the Confidential Settlement Agreement should not be unsealed, in whole or in part. The parties shall file a joint response by 6/1/18 at 5:00pm. Signed by Magistrate Judge Bruce E. Reinhart on 5/29/2018. (kry)
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| Filing 73 NOTICE OF UNAVAILABILITY by US CONSUMER ATTORNEYS, P.A. for dates of July 1, 2018 through July 22, 2018 (Portner, Henry) |
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Filing 72
ORDER denying as moot #50 Motion for Sanctions in light of defense counsel's representation to the Court during the hearing on 5/23/18 that he will be withdrawing his Motion to Dismiss #22 . Signed by Magistrate Judge Bruce E. Reinhart on 5/24/2018. (kry)
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Filing 71
ORDER denying as moot #22 Motion to Dismiss in light of defense counsel's representation to the court at the hearing held on 5/23/18 that he will be withdrawing this Motion. Signed by Magistrate Judge Bruce E. Reinhart on 5/24/2018. (kry)
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| Filing 70 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Miscellaneous Hearing on Motion to Transfer Venue (DE 23) and Motion to Dismiss (DE 22) held on 5/23/2018. Total time in court: 1 hour(s) : 35 minutes. Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (Digital 14:35:02) (kry) |
| Filing 69 NOTICE by US CONSUMER ATTORNEYS, P.A. Objection to Untimely Filed Exhibits (Portner, Henry) |
| Filing 68 RESPONSE in Opposition re #50 Defendant's MOTION for Sanctions Under Rule 11 filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Replies due by 5/29/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Barsky, Daniel) |
| Filing 67 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC of Filing Exhibits for May 23 Hearing (Attachments: #1 Exhibit 1 to Resposne in Opposition, #2 Exhibit 2 to Resposne in Opposition, #3 Exhibit 3 to Resposne in Opposition, #4 Exhibit 4 to Resposne in Opposition, #5 Exhibit 5 to Resposne in Opposition, #6 Exhibit 6 to Resposne in Opposition, #7 Exhibit 7 to Resposne in Opposition, #8 Exhibit 8 to Resposne in Opposition, #9 Exhibit 9 to Resposne in Opposition, #10 Exhibit 10 to Resposne in Opposition, #11 Exhibit 1 to Sur-Reply to Motion to Dismiss) (Barsky, Daniel) |
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Filing 66
*Endorsed Order permitting Alfred J. Bennington, Jr., Esq. and Glennys Ortega Rubin, Esq. to appear at the hearing on 5/23/18 by telephone. Counsel shall use the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 5/22/2018. (kry)
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Filing 65
PAPERLESS ORDER noting the filings at #57 and #63 requesting that Judge Brannon hold a settlement conference. The parties are instructed to contact Judge Brannon's chambers at (561) 803-3470 to schedule the settlement conference. Signed by Judge Robin L. Rosenberg on 5/21/2018. (ege)
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| Filing 64 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re #6 Scheduling Order,,, Order Referring Case to Magistrate Judge,, Plaintiffs' Notice of Telephonic Appearance (Bennington, Alfred) |
| Filing 63 NOTICE by US CONSUMER ATTORNEYS, P.A. Consent to Proposed Mediator (Portner, Henry) |
| Filing 62 Initial Disclosure(s) of Rule 26 by US CONSUMER ATTORNEYS, P.A. (Portner, Henry) |
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Filing 61
PAPERLESS ORDER requiring a response to #57 Plaintiffs' Notice Regarding Mediator Selection. Defendant's response due by 5/22/18. Signed by Judge Robin L. Rosenberg on 5/21/2018. (ege)
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Filing 60
PAPERLESS ORDER denying without prejudice #58 Defendant's Motion to Extend Rule 26 Disclosures. The motion fails to comply with Local Rule 7.1(a)(3), which requires Defendant's counsel to certify that he has conferred with all parties or non-parties who may be affected by the relief sought, in a good faith effort to resolve by agreement the issues raised in the motion. Signed by Judge Robin L. Rosenberg on 5/21/2018. (ege)
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| Filing 59 RESPONSE in Opposition re #58 Defendant's MOTION for Extension of Time To File Initial Rule 26 Disclosures filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Replies due by 5/25/2018. (Barsky, Daniel) |
| Filing 58 Defendant's MOTION for Extension of Time To File Initial Rule 26 Disclosures by US CONSUMER ATTORNEYS, P.A.. Responses due by 6/1/2018 (Portner, Henry) |
| Filing 57 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC Regarding Mediation (Barsky, Daniel) |
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Filing 56
ORDER taking under advisement #50 Motion for Sanctions. The court will also hear argument on this Motion at the hearing scheduled for 5/23/2018 at 2:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 5/18/2018. (kry)
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| Filing 55 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties Limited to ECF No. 50. Filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Barsky, Daniel) |
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Filing 53
ORDER granting #31 Motion to Seal as agreed to by Plaintiffs in their Response to this motion. Matters should remain sealed permanently. The Court no longer needs to hear argument regarding the Motion to Seal at the hearing set for 5/23/18. Counsel shall file the Settlement Agreement under seal in accordance with Local Rule 5.4 as soon as possible. Signed by Magistrate Judge Bruce E. Reinhart on 5/9/2018. (kry)
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Filing 52
ORDER taking under advisement #50 Motion for Sanctions. In light of the parties' consent to magistrate judge jurisdiction over the Motion to Dismiss and Motion to Transfer Venue, counsel shall notify the court whether they also consent to the undersigned entering final disposition on the Motion for Sanctions. Counsel shall file a joint notice regarding consent by 5/15/2018. Signed by Magistrate Judge Bruce E. Reinhart on 5/9/2018. (kry)
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Filing 51
PAPERLESS ORDER referring #50 Defendant's Motion for Sanctions Under Rule 11 to Judge Bruce E. Reinhart for appropriate disposition. Signed by Judge Robin L. Rosenberg on 5/9/2018. (ege)
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| SYSTEM ENTRY - Docket Entry 54 [misc] restricted/sealed until further notice. (1038468) |
| Filing 50 Defendant's MOTION for Sanctions Under Rule 11 by US CONSUMER ATTORNEYS, P.A.. (Attachments: #1 Supplement)(Portner, Henry) |
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Filing 49
ORDER taking under advisement #31 Motion to Seal, #22 Motion to Dismiss, and #23 Motion to Change Venue and setting Miscellaneous Hearing for 5/23/2018 at 02:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 5/8/2018. (kry)
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| Filing 48 Sur-Reply to #41 Reply to Response to Motion by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Attachments: #1 Exhibit 1)(Barsky, Daniel) |
| Filing 46 RESPONSE in Support re #31 Defendant's MOTION to Seal Confidential Settlement Agreement per Local Rule 5.4 filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Barsky, Daniel) |
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Filing 45
PAPERLESS ORDER referring #31 Defendant's Motion and Memorandum to Seal Confidential Settlement Agreement Between Parties to Magistrate Judge Bruce E. Reinhart for appropriate disposition. Signed by Judge Robin L. Rosenberg on 4/27/2018. (ege)
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Filing 44
ORDER granting #43 Plaintiffs' Unopposed Motion for Leave to File a Sur-Reply. Plaintiffs' Sur-Reply is due by 5/2/2018. Signed by Magistrate Judge Bruce E. Reinhart on 4/27/2018. (hk02)
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Filing 47
ORDER REFERRING CERTAIN MOTIONS #23 Corrected MOTION to Change Venue filed by US CONSUMER ATTORNEYS, P.A., #22 Corrected MOTION to Dismiss with Prejudice #4 Summons Issued, #1 Complaint, filed by US CONSUMER ATTORNEYS, P.A.. Motions referred to Judge Bruce E. Reinhart Signed by Judge Robin L. Rosenberg on 4/26/2018. (lk)
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| Filing 43 MOTION for Leave to File Surreply by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Barsky, Daniel) |
| Filing 42 Joint Notice and Consent to Jurisdiction US Magistrate Judge for Hearing on Motion to Dismiss and Motion to Transfer. Filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Barsky, Daniel) |
| Filing 41 REPLY to Response to Motion re #22 Corrected MOTION to Dismiss with Prejudice #4 Summons Issued, #1 Complaint, filed by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry) |
| Filing 40 REPLY to Response to Motion re #23 Corrected MOTION to Change Venue filed by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry) |
| Filing 39 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Case Management Status Conference held on 4/24/2018. Total time in court: 24 minutes. (Digital 13:35:23) (hk02) |
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Filing 38
PAPERLESS ORDER expediting briefing on #31 Defendant's Motion and Memorandum to Seal Confidential Settlement Agreement Between Parties. Responses due by 4/27/18. Signed by Judge Robin L. Rosenberg on 4/24/2018. (ege)
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Filing 37
*Endorsed Order advising counsel of the NEW conference call instructions to use at the 1:30 p.m. Case Management Conference. Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 4/24/2018. (hk02)
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| Filing 36 NOTICE by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC re 28 Order Setting Status Conference,, Set/Reset Deadlines/Hearings, NOTICE OF TELEPHONIC APPEARANCE (Bennington, Alfred) |
| Filing 35 RESPONSE in Opposition re #23 Corrected MOTION to Change Venue filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Replies due by 4/30/2018. (Barsky, Daniel) |
| Filing 34 RESPONSE in Opposition re #22 Corrected MOTION to Dismiss with Prejudice #4 Summons Issued, #1 Complaint, filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. Replies due by 4/27/2018. (Barsky, Daniel) |
| Filing 33 NOTICE by US CONSUMER ATTORNEYS, P.A. Notice of Service of Interrogatories on Plaintiff Filed by Defendant (Portner, Henry) |
| Filing 32 NOTICE by US CONSUMER ATTORNEYS, P.A. Notice of Service of Demand for Production Filed by Defendants on Plaintiff (Portner, Henry) |
| Filing 31 Defendant's MOTION to Seal Confidential Settlement Agreement per Local Rule 5.4 by US CONSUMER ATTORNEYS, P.A.. (Attachments: #1 Text of Proposed Order) (Portner, Henry) |
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Filing 30
ORDER SETTING DISCOVERY STATUS CONFERENCE - Status Conference Re: Discovery Matters set for 10/30/2018 at 2:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart Signed by Magistrate Judge Bruce E. Reinhart on 4/18/2018. (ail)
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Filing 29
SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION : Amended Pleadings due by 6/18/2018., Discovery due by 12/1/2018., Joinder of Parties due by 6/18/2018., Mediation Deadline 2/1/2019., Dispositive Motions due by 12/31/2018., In Limine Motions due by 12/31/2018., Motions due by 12/31/2018., Pretrial Stipulation due by 3/1/2019. Signed by Judge Robin L. Rosenberg on 4/18/2018. (ail)
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Filing 28
ORDER RESETTING Status Conference Re: Case Management/Posture Matters for 4/24/2018 at 1:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear telephonically by using the following conference call instructions: Dial 1-888-684-8852; Enter access code 9189456#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 4/12/2018. (hk02)
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Filing 27
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE E. REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 4/10/2018. (jmd)
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Filing 26
*Endorsed Order, CANCELLING the Case Management Conference set for 4/24/18 and directing counsel to confer and advise the Court of mutually convenient dates on which it can be reset. Signed by Magistrate Judge Bruce E. Reinhart on 4/10/2018. (hk02)
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Filing 25
ORDER Setting Case Management Conference for 4/24/2018 at 11:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 4/6/2018. (ail)
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Filing 24
PAPERLESS ORDER denying as moot #19 Defendant's Motion to Dismiss in light of #22 Defendant's Motion to Dismiss. Signed by Judge Robin L. Rosenberg on 4/9/2018. (ege)
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| Filing 23 Corrected MOTION to Change Venue by US CONSUMER ATTORNEYS, P.A.. Responses due by 4/20/2018 (Portner, Henry) |
| Filing 22 Corrected MOTION to Dismiss with Prejudice #4 Summons Issued, #1 Complaint, by US CONSUMER ATTORNEYS, P.A.. Responses due by 4/20/2018 (Portner, Henry) |
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Filing 21
PAPERLESS ORDER STRIKING #8 Motion to Change Venue filed by US CONSUMER ATTORNEYS, P.A. Signed by Judge Robin L. Rosenberg on 4/6/2018. (ege)
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Filing 20
PAPERLESS ORDER granting #16 Defendant's Motion to Remove Incorrectly Filed Documents and denying without prejudice 17 Defendant's Motion to Seal Motion to Dismiss and 18 Defendant's Motion to Seal Motion to Transfer. The Eleventh Circuit has said "[t]he operations of the courts and the judicial conduct of judges are matters of utmost public concern and [t]he common-law right of access to judicial proceedings, an essential component of our system of justice, is instrumental in securing the integrity of the process.... Material filed in connection with any substantive pretrial motion, unrelated to discovery, is subject to the common law right of access.... The common law right of access may be overcome by a showing of good cause, which requires balanc[ing] the asserted right of access against the other party's interest in keeping the information confidential. [W]hether good cause exists... is... decided by the nature and character of the information in question. In balancing the public interest in accessing court documents against a party's interest in keeping the information confidential, courts consider, among other factors, whether allowing access would impair court functions or harm legitimate privacy interests, the degree of and likelihood of injury if made public, the reliability of the information, whether there will be an opportunity to respond to the information, whether the information concerns public officials or public concerns, and the availability of a less onerous alternative to sealing the documents." Romero v. Drummond Co., Inc., 480 F.3d 1234, 1246 (11th Cir. 2007) (citations omitted). Defendants' motions to seal do not sufficiently demonstrate good cause for why its Motion to Dismiss and its Motion to Transfer should be filed under seal. Signed by Judge Robin L. Rosenberg on 4/6/2018. (ege)
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| Filing 19 Defendant's MOTION to Dismiss with Prejudice #4 Summons Issued, #1 Complaint, REDACTED VERSION by US CONSUMER ATTORNEYS, P.A.. Responses due by 4/20/2018 (Portner, Henry) |
| Filing 16 First MOTION to Withdraw Document (s) from Docket by US CONSUMER ATTORNEYS, P.A.. Responses due by 4/19/2018 (Attachments: #1 Text of Proposed Order)(Portner, Henry) |
| Filing 15 Second MOTION to Change Venue by US CONSUMER ATTORNEYS, P.A.. Responses due by 4/19/2018 (Portner, Henry) |
| Filing 14 First MOTION to Dismiss with Prejudice #4 Summons Issued, #1 Complaint, by US CONSUMER ATTORNEYS, P.A.. Responses due by 4/19/2018 (Portner, Henry) |
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Filing 13
PAPERLESS ORDER denying #12 Defendant's Motion to Seal Civil Proceeding. Signed by Judge Robin L. Rosenberg on 4/5/2018. (ege)
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| SYSTEM ENTRY - Docket Entry 17 [motion] restricted/sealed until further notice. (1038468) |
| SYSTEM ENTRY - Docket Entry 18 [motion] restricted/sealed until further notice. (1038468) |
| Filing 12 First MOTION to Seal Entire Case per Local Rule 5.4 by US CONSUMER ATTORNEYS, P.A.. (Attachments: #1 Text of Proposed Order Order Granting Defendants Motion to Seal Case) (Portner, Henry) |
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Filing 11
PAPERLESS ORDER denying without prejudice #8 Defendant's Motion to Transfer Venue Under 28 U.S.C. 1404. The motion fails to comply with Local Rule 7.1(a)(3), which requires Defendant's counsel to certify that he has conferred with all parties or non-parties who may be affected by the relief sought, in a good faith effort to resolve by agreement the issues raised in the motion. Signed by Judge Robin L. Rosenberg on 4/4/2018. (ege)
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Filing 10
PAPERLESS ORDER denying without prejudice #9 Defendant's Motion to Seal Confidential Settlement Agreement Between the Parties. The motion fails to comply with Local Rule 7.1(a)(3), which requires Defendant's counsel to certify that he has conferred with all parties or non-parties who may be affected by the relief sought, in a good faith effort to resolve by agreement the issues raised in the motion. Signed by Judge Robin L. Rosenberg on 4/4/2018. (ege)
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| Filing 9 First MOTION Motion to Seal Motion to Seal Confidential Settlement Agreement by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry) |
| Filing 8 **STRICKEN** Defendant's MOTION to Change Venue Transfer by US CONSUMER ATTORNEYS, P.A.. Attorney Henry Neil Portner added to party US CONSUMER ATTORNEYS, P.A.(pty:dft). Responses due by 4/17/2018 (Portner, Henry) Text Modified on 4/9/2018 per DE 21 ORDER (ail). |
| Filing 7 ACKNOWLEDGMENT OF SERVICE as to #4 Summons Issued for US Consumer Attorneys, P.A. filed by DIAMOND RESORTS CORPORATION, DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC. (Bennington, Alfred) |
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Filing 6
ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE, ORDER OF REQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: Status Conference set for 2/27/2019 at 9:30 AM before Judge Robin L. Rosenberg., Trial set for 4/1/2019 at 9:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 3/27/2019 at 9:00 AM before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 3/26/2018. (ail) #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.
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| Filing 5 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2018-15 to Magistrate Judge Bruce E. Reinhart. Magistrate Judge James M. Hopkins no longer assigned to case. (jmd) |
| Filing 4 Summons Issued as to US CONSUMER ATTORNEYS, P.A. (pes) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (pes) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge James M. Hopkins. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge James M. Hopkins 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. (pes) |
| Filing 1 COMPLAINT against US CONSUMER ATTORNEYS, P.A.. Filing fees $ 400.00 receipt number 113C-10473016, filed by DIAMOND RESORTS MANAGEMENT, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet, #6 Summon(s))(Bennington, Alfred) |
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