DIAMOND RESORTS INTERNATIONAL, INC. et al v. US CONSUMER ATTORNEYS, P.A.
Plaintiff: DIAMOND RESORTS CORPORATION, DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS MANAGEMENT, INC. and DIAMOND RESORTS INTERNATIONAL, INC.
Defendant: 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 and Conrad Sussman
Case Number: 9:2018cv80311
Filed: March 9, 2018
Court: US District Court for the Southern District of Florida
Office: West Palm Beach Office
County: Palm Beach (Office: West Palm Beach)
Presiding Judge: James M Hopkins
Referring Judge: Bruce E Reinhart
2 Judge: Robin L Rosenberg
Nature of Suit: Trademark
Cause of Action: 28:1338
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2020 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)
October 14, 2020 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).
October 14, 2020 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)
October 14, 2020 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)
October 14, 2020 Filing 453 NOTICE by Diamond Resorts U.S. Collection Development, LLC of filing Plaintiffs' Supplemental Brief Regarding Apex Depositions (Jacobson, Joshua)
October 14, 2020 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)
October 13, 2020 Opinion or Order 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)
October 13, 2020 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)
October 12, 2020 Opinion or Order 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)
October 8, 2020 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)
October 8, 2020 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).
October 8, 2020 Opinion or Order Filing 446 ORDER MEMORIALIZING DISCOVERY RULINGS. Signed by Magistrate Judge Bruce E. Reinhart on 10/8/2020. See attached document for full details. (amb)
October 8, 2020 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)
October 7, 2020 Opinion or Order 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)
October 6, 2020 Opinion or Order 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)
October 6, 2020 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).
October 5, 2020 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)
October 5, 2020 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)
October 5, 2020 Opinion or Order 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)
October 2, 2020 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).
October 1, 2020 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).
October 1, 2020 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)
September 23, 2020 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)
September 22, 2020 Opinion or Order 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)
September 22, 2020 Opinion or Order 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)
September 18, 2020 Opinion or Order 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)
September 17, 2020 Opinion or Order 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)
September 14, 2020 Opinion or Order 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)
September 11, 2020 Opinion or Order 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)
September 8, 2020 Opinion or Order 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)
September 4, 2020 Opinion or Order 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)
September 4, 2020 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)
August 31, 2020 Opinion or Order 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)
August 31, 2020 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)
August 31, 2020 Opinion or Order 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)
August 24, 2020 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)
August 24, 2020 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)
August 21, 2020 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)
August 17, 2020 Filing 420 RESPONSE in Opposition re #408 MOTION to Substitute Party filed by Conrad Sussman. Replies due by 8/24/2020. (Bennett, John)
August 17, 2020 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)
August 14, 2020 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)
August 14, 2020 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)
August 14, 2020 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)
August 14, 2020 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)
August 14, 2020 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)
August 13, 2020 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)
August 10, 2020 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)
August 10, 2020 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)
August 7, 2020 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)
August 6, 2020 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)
August 3, 2020 Filing 408 MOTION to Substitute Party by Diamond Resorts U.S. Collection Development, LLC. Responses due by 8/17/2020 (Jacobson, Joshua)
August 3, 2020 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)
July 31, 2020 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.)
July 31, 2020 Opinion or Order 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)
July 31, 2020 Opinion or Order 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)
July 30, 2020 Opinion or Order 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)
July 27, 2020 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)
July 27, 2020 Opinion or Order 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)
July 27, 2020 Opinion or Order 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)
July 24, 2020 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)
July 24, 2020 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)
July 24, 2020 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)
July 23, 2020 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).
July 22, 2020 Opinion or Order 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)
July 18, 2020 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)
July 10, 2020 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)
July 10, 2020 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)
July 1, 2020 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)
June 30, 2020 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)
June 26, 2020 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)
June 19, 2020 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)
June 18, 2020 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)
June 18, 2020 Opinion or Order 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)
June 18, 2020 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)
June 18, 2020 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).
June 18, 2020 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)
June 15, 2020 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)
June 10, 2020 Opinion or Order 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)
June 8, 2020 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)
June 8, 2020 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).
June 8, 2020 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).
June 8, 2020 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)
May 26, 2020 Opinion or Order 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)
May 22, 2020 Opinion or Order 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)
May 21, 2020 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)
May 21, 2020 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)
May 20, 2020 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)
May 20, 2020 Opinion or Order 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)
May 19, 2020 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)
May 11, 2020 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)
May 11, 2020 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)
May 8, 2020 Opinion or Order 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)
May 8, 2020 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)
May 6, 2020 Opinion or Order 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)
May 6, 2020 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)
April 29, 2020 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)
April 26, 2020 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)
April 15, 2020 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).
April 7, 2020 Opinion or Order 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)
April 6, 2020 Opinion or Order 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.
April 6, 2020 Opinion or Order 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)
April 6, 2020 Opinion or Order 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)
April 2, 2020 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)
March 12, 2020 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)
March 11, 2020 Opinion or Order 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)
March 11, 2020 Opinion or Order 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)
March 5, 2020 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)
March 3, 2020 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)
March 2, 2020 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)
February 28, 2020 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)
February 24, 2020 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.)
February 21, 2020 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)
February 21, 2020 Opinion or Order 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)
February 21, 2020 Opinion or Order 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)
February 20, 2020 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.)
February 20, 2020 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)
February 20, 2020 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)
February 20, 2020 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)
February 18, 2020 Opinion or Order 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)
February 13, 2020 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)
February 13, 2020 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)
February 12, 2020 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)
February 12, 2020 Opinion or Order 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)
February 10, 2020 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)
February 7, 2020 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).
February 7, 2020 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)
February 5, 2020 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.)
January 27, 2020 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)
January 24, 2020 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)
January 15, 2020 Opinion or Order 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)
January 15, 2020 Opinion or Order 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)
January 15, 2020 Opinion or Order 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)
January 13, 2020 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)
January 10, 2020 Opinion or Order Filing 325 PAPERLESS ORDER denying as moot #322 Motion for Extension of Time. Signed by Magistrate Judge Bruce E. Reinhart (BER)
January 9, 2020 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)
January 8, 2020 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)
January 8, 2020 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)
December 18, 2019 Opinion or Order 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)
November 7, 2019 Opinion or Order 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.
October 29, 2019 Opinion or Order 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)
October 28, 2019 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)
October 25, 2019 Opinion or Order 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)
October 23, 2019 Filing 316 Joint SCHEDULING REPORT - Rule 16.1 by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC (Crossland, Brandon)
October 21, 2019 Opinion or Order 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)
October 16, 2019 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)
October 15, 2019 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)
October 15, 2019 Opinion or Order 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)
October 14, 2019 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)
October 14, 2019 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).
October 11, 2019 Opinion or Order 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)
October 8, 2019 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)
October 8, 2019 Opinion or Order 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)
September 24, 2019 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)
September 24, 2019 ***Hearing(s) terminated re: DE #240 as to prior presider. (jmd)
September 20, 2019 Opinion or Order 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)
September 17, 2019 Filing 303 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by DC Capital Law Firm, LLP (Smith, Sheena)
September 13, 2019 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)
September 11, 2019 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)
September 11, 2019 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)
September 6, 2019 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)
September 5, 2019 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)
September 5, 2019 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)
August 30, 2019 Opinion or Order 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)
August 30, 2019 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)
August 30, 2019 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)
August 28, 2019 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)
August 28, 2019 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)
August 28, 2019 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)
August 28, 2019 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)
August 27, 2019 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)
August 26, 2019 Opinion or Order 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)
August 22, 2019 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)
August 21, 2019 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)
August 21, 2019 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).
August 21, 2019 Filing 285 STATUS REPORT in Compliance with Order Memoralizing Status Conference Rulings DE 275 by DC Capital Law Firm, LLP (Smith, Sheena)
August 21, 2019 Filing 284 STATUS REPORT by 1PLANETMEDIA INC., Pluto Marketing Inc., Henry Neil Portner, US CONSUMER ATTORNEYS, P.A. (Fornaro, Matthew)
August 19, 2019 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)
August 16, 2019 Filing 282 Defendant's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by DC Capital Law Firm, LLP. (Smith, Sheena)
August 14, 2019 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)
August 14, 2019 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)
August 7, 2019 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)
August 7, 2019 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)
August 7, 2019 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)
August 7, 2019 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)
August 6, 2019 ***Amended Complaint Deadline(s) terminated. (asl)
August 6, 2019 Opinion or Order 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).
August 5, 2019 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)
August 1, 2019 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)
July 31, 2019 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)
July 30, 2019 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)
July 30, 2019 Opinion or Order 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)
July 30, 2019 Opinion or Order 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)
July 29, 2019 Opinion or Order 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)
July 29, 2019 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)
July 26, 2019 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)
July 26, 2019 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)
July 26, 2019 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)
July 26, 2019 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)
July 18, 2019 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)
July 17, 2019 Filing 261 OBJECTIONS to #258 Report and Recommendations by DC Capital Law Firm, LLP. (Smith, Sheena)
July 15, 2019 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)
July 8, 2019 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)
July 3, 2019 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)
June 25, 2019 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)
June 25, 2019 Opinion or Order 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)
June 25, 2019 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)
June 18, 2019 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)
June 17, 2019 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)
June 17, 2019 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)
June 17, 2019 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)
June 12, 2019 Opinion or Order 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)
June 11, 2019 Opinion or Order 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)
June 11, 2019 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)
June 6, 2019 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)
June 6, 2019 Opinion or Order 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)
June 6, 2019 Opinion or Order 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)
June 6, 2019 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)
June 6, 2019 Opinion or Order 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)
June 5, 2019 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)
June 5, 2019 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)
June 4, 2019 Opinion or Order 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.
June 4, 2019 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)
June 3, 2019 Opinion or Order 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)
May 31, 2019 Filing 237 NOTICE of Filing Discovery: Joint Discovery Memorandum by DC Capital Law Firm, LLP. (Attachments: #1 Exhibit, #2 Exhibit)(Smith, Sheena)
May 31, 2019 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)
May 29, 2019 Opinion or Order 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)
May 28, 2019 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)
May 28, 2019 Filing 233 OBJECTIONS to #228 Report and Recommendations by DC Capital Law Firm, LLP. (Smith, Sheena)
May 28, 2019 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)
May 21, 2019 Opinion or Order 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)
May 20, 2019 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)
May 20, 2019 Opinion or Order 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)
May 14, 2019 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)
May 13, 2019 Opinion or Order 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)
May 9, 2019 Opinion or Order 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)
May 6, 2019 Opinion or Order 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)
April 20, 2019 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)
March 7, 2019 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)
March 5, 2019 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)
March 4, 2019 Opinion or Order 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)
February 27, 2019 Opinion or Order 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)
February 26, 2019 Opinion or Order Filing 219 PAPERLESS ORDER denying #210 Motion for Judicial Notice. Signed by Magistrate Judge Bruce E. Reinhart (BER)
February 14, 2019 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.)
February 14, 2019 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)
February 7, 2019 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)
February 7, 2019 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)
February 5, 2019 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)
January 29, 2019 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)
January 25, 2019 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)
January 24, 2019 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.)
January 24, 2019 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)
January 24, 2019 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)
January 24, 2019 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).
January 17, 2019 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)
January 17, 2019 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)
January 17, 2019 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)
January 17, 2019 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)
January 17, 2019 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)
January 17, 2019 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)
January 17, 2019 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)
January 16, 2019 Opinion or Order 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)
January 16, 2019 Opinion or Order 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)
January 16, 2019 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)
January 16, 2019 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)
January 15, 2019 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)
January 15, 2019 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)
January 9, 2019 Opinion or Order 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)
January 9, 2019 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)
January 9, 2019 Opinion or Order 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)
January 8, 2019 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)
December 17, 2018 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)
December 14, 2018 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)
December 14, 2018 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)
December 14, 2018 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)
December 14, 2018 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)
December 14, 2018 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)
December 14, 2018 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)
December 14, 2018 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)
December 13, 2018 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)
December 3, 2018 Opinion or Order 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)
December 3, 2018 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)
December 3, 2018 Opinion or Order 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)
December 3, 2018 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)
November 30, 2018 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)
November 30, 2018 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)
November 19, 2018 Opinion or Order 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)
November 19, 2018 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)
November 14, 2018 Opinion or Order 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)
November 13, 2018 Opinion or Order 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)
November 6, 2018 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)
October 29, 2018 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)
October 29, 2018 Opinion or Order 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)
October 26, 2018 Opinion or Order 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)
October 26, 2018 Opinion or Order 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)
October 25, 2018 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)
October 23, 2018 Opinion or Order 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)
October 22, 2018 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)
October 18, 2018 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)
October 17, 2018 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)
October 17, 2018 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)
October 17, 2018 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)
October 17, 2018 Opinion or Order 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)
October 16, 2018 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)
October 15, 2018 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)
October 10, 2018 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)
October 5, 2018 Opinion or Order 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)
October 5, 2018 Opinion or Order 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)
October 4, 2018 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)
October 3, 2018 Opinion or Order 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)
October 2, 2018 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)
October 1, 2018 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)
September 28, 2018 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)
September 28, 2018 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)
September 25, 2018 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)
September 21, 2018 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)
September 17, 2018 Opinion or Order 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)
September 14, 2018 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)
September 14, 2018 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)
September 13, 2018 Opinion or Order 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)
September 13, 2018 Opinion or Order 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)
September 5, 2018 Opinion or Order 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)
September 4, 2018 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)
August 29, 2018 Opinion or Order 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)
August 28, 2018 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)
August 27, 2018 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)
August 23, 2018 Opinion or Order 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)
August 23, 2018 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)
August 21, 2018 Filing 134 NOTICE by Robert Sussman Promise of Confidentiality (Portner, Henry)
August 21, 2018 Filing 133 NOTICE by Henry Neil Portner Promise of Confidentiality (Portner, Henry)
August 21, 2018 Filing 132 NOTICE by US CONSUMER ATTORNEYS, P.A. Promise of Confidentiality (Portner, Henry)
August 20, 2018 Opinion or Order 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)
August 15, 2018 Opinion or Order 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)
August 14, 2018 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)
August 14, 2018 Filing 128 NOTICE by US CONSUMER ATTORNEYS, P.A. Defendant's Notice of Service of Supplemental Responses to Plaintiffs First Interrogatories (Portner, Henry)
August 14, 2018 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)
August 14, 2018 Opinion or Order 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)
August 13, 2018 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)
August 10, 2018 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)
August 6, 2018 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)
August 3, 2018 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)
July 30, 2018 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)
July 25, 2018 Opinion or Order 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)
July 25, 2018 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)
July 25, 2018 Opinion or Order 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)
July 25, 2018 Opinion or Order 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)
July 25, 2018 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)
July 24, 2018 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)
July 23, 2018 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)
July 23, 2018 Opinion or Order 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)
July 20, 2018 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)
July 20, 2018 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)
July 19, 2018 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)
July 19, 2018 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)
July 17, 2018 Filing 108 MEMORANDUM in Support of Defendants Discovery Responses to Plaintiff by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry)
July 11, 2018 Filing 107 Summons Issued as to Henry Neil Portner, Robert Sussman. (rms1)
July 9, 2018 Opinion or Order 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)
July 9, 2018 Opinion or Order 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)
July 6, 2018 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)
July 6, 2018 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)
July 2, 2018 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)
June 29, 2018 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)
June 29, 2018 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)
June 29, 2018 SYSTEM ENTRY - Docket Entry 99 [misc] restricted/sealed until further notice. (1028571)
June 29, 2018 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)
June 28, 2018 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)
June 20, 2018 Opinion or Order 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)
June 20, 2018 Opinion or Order 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)
June 20, 2018 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)
June 20, 2018 Opinion or Order 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)
June 20, 2018 Opinion or Order 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)
June 19, 2018 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)
June 18, 2018 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)
June 18, 2018 Filing 89 NOTICE by US CONSUMER ATTORNEYS, P.A. Notice of Service of Responses to Plaintiffs' Request for Interrogatories (Portner, Henry)
June 18, 2018 Filing 88 NOTICE by US CONSUMER ATTORNEYS, P.A. Notice of Service of Responses to Plaintiffs' Request for Admissions (Portner, Henry)
June 18, 2018 Filing 87 NOTICE by US CONSUMER ATTORNEYS, P.A. Service of Defendant's Answers to Plaintiff's Request for Production (Portner, Henry)
June 18, 2018 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)
June 18, 2018 Filing 85 Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry)
June 14, 2018 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)
June 13, 2018 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)
June 11, 2018 Opinion or Order 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)
June 7, 2018 Set/Reset Answer Due Deadline: US CONSUMER ATTORNEYS, P.A. Answer due 6/20/2018. SEE DE #81 ORDER (ail)
June 7, 2018 Opinion or Order Filing 81 ORDER denying #23 Motion to Change Venue. Signed by Magistrate Judge Bruce E. Reinhart on 6/6/2018. (ail)
June 5, 2018 Opinion or Order 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)
June 4, 2018 Opinion or Order 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)
June 1, 2018 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)
June 1, 2018 Opinion or Order 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)
May 31, 2018 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)
May 31, 2018 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)
May 29, 2018 Opinion or Order 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)
May 25, 2018 Filing 73 NOTICE OF UNAVAILABILITY by US CONSUMER ATTORNEYS, P.A. for dates of July 1, 2018 through July 22, 2018 (Portner, Henry)
May 24, 2018 Opinion or Order 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)
May 24, 2018 Opinion or Order 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)
May 24, 2018 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)
May 22, 2018 Filing 69 NOTICE by US CONSUMER ATTORNEYS, P.A. Objection to Untimely Filed Exhibits (Portner, Henry)
May 22, 2018 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)
May 22, 2018 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)
May 22, 2018 Opinion or Order 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)
May 21, 2018 Opinion or Order 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)
May 21, 2018 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)
May 21, 2018 Filing 63 NOTICE by US CONSUMER ATTORNEYS, P.A. Consent to Proposed Mediator (Portner, Henry)
May 21, 2018 Filing 62 Initial Disclosure(s) of Rule 26 by US CONSUMER ATTORNEYS, P.A. (Portner, Henry)
May 21, 2018 Opinion or Order 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)
May 21, 2018 Opinion or Order 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)
May 18, 2018 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)
May 18, 2018 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)
May 18, 2018 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)
May 18, 2018 Opinion or Order 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)
May 11, 2018 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)
May 9, 2018 SYSTEM ENTRY - Docket Entry 54 [misc] restricted/sealed until further notice. (1038468)
May 9, 2018 Opinion or Order 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)
May 9, 2018 Opinion or Order 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)
May 9, 2018 Opinion or Order 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)
May 8, 2018 Filing 50 Defendant's MOTION for Sanctions Under Rule 11 by US CONSUMER ATTORNEYS, P.A.. (Attachments: #1 Supplement)(Portner, Henry)
May 8, 2018 Opinion or Order 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)
May 2, 2018 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)
April 27, 2018 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)
April 27, 2018 Opinion or Order 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)
April 27, 2018 Opinion or Order 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)
April 26, 2018 Opinion or Order 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)
April 26, 2018 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)
April 26, 2018 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)
April 26, 2018 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)
April 26, 2018 Filing 40 REPLY to Response to Motion re #23 Corrected MOTION to Change Venue filed by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry)
April 24, 2018 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)
April 24, 2018 Opinion or Order 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)
April 24, 2018 Opinion or Order 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)
April 23, 2018 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)
April 21, 2018 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)
April 20, 2018 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)
April 20, 2018 Filing 33 NOTICE by US CONSUMER ATTORNEYS, P.A. Notice of Service of Interrogatories on Plaintiff Filed by Defendant (Portner, Henry)
April 20, 2018 Filing 32 NOTICE by US CONSUMER ATTORNEYS, P.A. Notice of Service of Demand for Production Filed by Defendants on Plaintiff (Portner, Henry)
April 20, 2018 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)
April 19, 2018 Opinion or Order 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)
April 18, 2018 Opinion or Order 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)
April 12, 2018 Opinion or Order 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)
April 10, 2018 Opinion or Order Filing 27 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE E. REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 4/10/2018. (jmd)
April 10, 2018 Opinion or Order 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)
April 9, 2018 Opinion or Order 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)
April 9, 2018 Opinion or Order 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)
April 6, 2018 Filing 23 Corrected MOTION to Change Venue by US CONSUMER ATTORNEYS, P.A.. Responses due by 4/20/2018 (Portner, Henry)
April 6, 2018 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)
April 6, 2018 Opinion or Order 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)
April 6, 2018 Opinion or Order 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)
April 6, 2018 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)
April 5, 2018 SYSTEM ENTRY - Docket Entry 18 [motion] restricted/sealed until further notice. (1038468)
April 5, 2018 SYSTEM ENTRY - Docket Entry 17 [motion] restricted/sealed until further notice. (1038468)
April 5, 2018 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)
April 5, 2018 Filing 15 Second MOTION to Change Venue by US CONSUMER ATTORNEYS, P.A.. Responses due by 4/19/2018 (Portner, Henry)
April 5, 2018 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)
April 5, 2018 Opinion or Order Filing 13 PAPERLESS ORDER denying #12 Defendant's Motion to Seal Civil Proceeding. Signed by Judge Robin L. Rosenberg on 4/5/2018. (ege)
April 4, 2018 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)
April 4, 2018 Opinion or Order 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)
April 4, 2018 Opinion or Order 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)
April 3, 2018 Filing 9 First MOTION Motion to Seal Motion to Seal Confidential Settlement Agreement by US CONSUMER ATTORNEYS, P.A.. (Portner, Henry)
April 3, 2018 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).
March 28, 2018 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)
March 27, 2018 Opinion or Order 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.
March 19, 2018 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)
March 12, 2018 Filing 4 Summons Issued as to US CONSUMER ATTORNEYS, P.A. (pes)
March 9, 2018 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (pes)
March 9, 2018 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)
March 9, 2018 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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Search for this case: DIAMOND RESORTS INTERNATIONAL, INC. et al v. US CONSUMER ATTORNEYS, P.A.
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Plaintiff: DIAMOND RESORTS CORPORATION
Represented By: Daniel Joseph Barsky
Represented By: Glennys Ortega Rubin
Represented By: Alfred Joseph Bennington, Jr.
Represented By: Eric Christu
Represented By: Brandon Thomas Crossland
Represented By: Lindy Kathryn Keown
Represented By: Catherine E. Woltering
Represented By: Julie Singer Brady
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Plaintiff: DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC
Represented By: Daniel Joseph Barsky
Represented By: Glennys Ortega Rubin
Represented By: Alfred Joseph Bennington, Jr.
Represented By: Eric Christu
Represented By: Brandon Thomas Crossland
Represented By: Joshua Robert Jacobson
Represented By: Lindy Kathryn Keown
Represented By: Catherine E. Woltering
Represented By: Julie Singer Brady
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Plaintiff: DIAMOND RESORTS MANAGEMENT, INC.
Represented By: Daniel Joseph Barsky
Represented By: Glennys Ortega Rubin
Represented By: Alfred Joseph Bennington, Jr.
Represented By: Eric Christu
Represented By: Brandon Thomas Crossland
Represented By: Lindy Kathryn Keown
Represented By: Catherine E. Woltering
Represented By: Julie Singer Brady
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Plaintiff: DIAMOND RESORTS INTERNATIONAL, INC.
Represented By: Daniel Joseph Barsky
Represented By: Glennys Ortega Rubin
Represented By: Alfred Joseph Bennington, Jr.
Represented By: Eric Christu
Represented By: Brandon Thomas Crossland
Represented By: Lindy Kathryn Keown
Represented By: Catherine E. Woltering
Represented By: Julie Singer Brady
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Defendant: US CONSUMER ATTORNEYS, P.A.
Represented By: Henry Neil Portner
Represented By: Brian Thomas Giles
Represented By: Matthew Fornaro
Represented By: Javier Asis Lopez
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Defendant: Newton Group Exit, LLC
Represented By: Jeffrey Wittenberg
Represented By: Javier Asis Lopez
Represented By: Dwayne Antonio Robinson
Represented By: Ryan Clarkson
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Defendant: 1PLANETMEDIA INC.
Represented By: Matthew Fornaro
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Defendant: Robert Sussman
Represented By: Sheena Thakrar
Represented By: Lawrence G. Walters
Represented By: Matthew Fornaro
Represented By: Howard Scott Marks
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Defendant: Interval Broker Direct, LLC
Represented By: Jeffrey Wittenberg
Represented By: Javier Asis Lopez
Represented By: Dwayne Antonio Robinson
Represented By: Ryan Clarkson
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Defendant: The Newton Group, ESA LLC
Represented By: Jeffrey Wittenberg
Represented By: Javier Asis Lopez
Represented By: Dwayne Antonio Robinson
Represented By: Ryan Clarkson
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Defendant: Henry Neil Portner
Represented By: Brian Thomas Giles
Represented By: Sheena Thakrar
Represented By: Lawrence G. Walters
Represented By: Matthew Fornaro
Represented By: Howard Scott Marks
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Defendant: Pluto Marketing Inc.
Represented By: Matthew Fornaro
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Defendant: Newton Group Transfers, LLC
Represented By: Jeffrey Wittenberg
Represented By: Javier Asis Lopez
Represented By: Dwayne Antonio Robinson
Represented By: Ryan Clarkson
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Defendant: John Does #1-50
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Defendant: DC Capital Law Firm, LLP
Represented By: Sheena Danielle Smith
Represented By: S. Jonathan Vine
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Defendant: Conrad Sussman
Represented By: John Joseph Bennett
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