Diamond Resorts U.S. Collection Development, LLC et al v. Pandora Marketing, LLC et al
DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC and Diamond Resorts Hawaii Collection Development, LLC |
Pandora Marketing, LLC, Intermarketing Media, LLC, Intermarketing Media, LLC a Wyoming limited liability company doing business as Resort Advisory Group, Pandora Marketing, LLC a Wyoming limited liability company doing business as Timeshare Compliance, Esq. Miranda McCroskey, McCroskey Legal, Esq. J.L. Sean Slattery, Carlsbad Law Group, LLP, Slattery, Sobel & Decamp, LLC, Unlock Legal, APLC and Del Mar Law Group, LLP |
9:2020cv80143 |
January 31, 2020 |
US District Court for the Southern District of Florida |
Dave Lee Brannon |
Donald M Middlebrooks |
Commerce ICC Rates, Etc. |
28 U.S.C. § 1331 |
Plaintiff |
Docket Report
This docket was last retrieved on June 22, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 117 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in CENTRAL DISTRICT OF CALIFORNIA as case 2:20-cv-05486, filed 06/19/2020. (jua) |
SYSTEM ENTRY - Case 9:20-cv-80143 electronically transferred out to California Central. (jas) |
Filing 116 ORDER GRANTING DEFENDANTS MOTION TO TRANSFER; granting #77 Motion to Dismiss for Failure to State a Claim; granting #78 Motion to Dismiss; denying as moot #111 Motion to Change Venue; denying as moot #113 Motion to Dismiss for Failure to State a Claim; denying as moot #113 Motion to Change Venue. Closing Case. This Matter is TRANSFERRED to the Central District of California Signed by Judge Donald M. Middlebrooks on 6/18/2020. See attached document for full details. (jas) |
Filing 115 PAPERLESS ORDER SETTING TELEPHONIC DISCOVERY HEARING: Upon notice by the parties of a discovery dispute requiring Court intervention, a discovery hearing is set for 2:00 P.M. on Friday, June 19, 2020, before U.S. Magistrate Judge Dave Lee Brannon. One hour is reserved. In light of the current pandemic, counsel shall appear by telephone. Instructions for appearances: dial (888) 808-6929 from a landline and enter access code 2036573. Signed by U.S. Magistrate Judge Dave Lee Brannon on 6/18/2020. (jb02) |
Filing 114 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #62 Amended Complaint,,, to deem D.E. 113 timely filed by Miranda McCroskey, McCroskey Legal, Pandora Marketing, LLC. Attorney Amy Leigh Baker added to party Pandora Marketing, LLC(pty:dft). (Baker, Amy) |
Filing 113 MOTION TO DISMISS #62 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM and for lack of personal jurisdiction, MOTION to Change Venue by Miranda McCroskey, McCroskey Legal, Unlock Legal, APLC. Responses due by 6/30/2020 (Attachments: #1 Affidavit of Miranda McCroskey)(Baker, Amy) |
Filing 112 REPLY to Response to #89 Plaintiff's MOTION to Continue Case Management Schedule Consistent With the March 30, 2020 Order filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Affidavit of Douglas A. Vonderhaar)(Keown, Lindy) |
Filing 111 MOTION to Change Venue by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. Responses due by 6/26/2020 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Wagner, Brian) |
Filing 110 MOTION to Dismiss for Lack of Jurisdiction #50 Notice (Other), by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. Responses due by 6/26/2020 (Wagner, Brian) |
Filing 109 Clerks Notice to Filer re #106 Reply to Response to Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (jas) |
Filing 108 MOTION to Change Venue to the Central District of California by Pandora Marketing, LLC. Responses due by 6/24/2020. (jas) (See DE#106 for image). |
Filing 107 RESPONSE in Support re #78 MOTION to Dismiss #50 Notice (Other), filed by Intermarketing Media, LLC. (Marcushamer, Isaac) |
Filing 106 REPLY to Response to Motion re #77 Defendant's MOTION TO DISMISS #62 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Pandora Marketing, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Vine, S.) |
Filing 105 MOTION to Expedite Ruling on Motion to Extend Case Management Schedule Consistent with March 30, 2020 Order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Text of Proposed Order)(Keown, Lindy) |
Filing 104 PAPERLESS ORDER denying as moot #100 Motion for Jacob B. Post to Withdraw as Attorney. This Motion is moot in light of DE #99 . Signed by Judge Donald M. Middlebrooks on 6/10/2020. (gts) |
Filing 103 RESPONSE in Opposition to #89 Plaintiff's MOTION to Continue Case Management Schedule Consistent With the March 30, 2020 Order filed by Pandora Marketing, LLC. Replies due by 6/16/2020. (Attachments: #1 Exhibit, #2 Exhibit)(Vine, S.) |
Filing 102 TRANSCRIPT of Telephonic Discovery Hearing (Transcribed from the Audio Recording) held on June 4, 2020, before Magistrate Judge Dave Lee Brannon, 1-143 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/30/2020. Redacted Transcript Deadline set for 7/10/2020. Release of Transcript Restriction set for 9/8/2020. (le) |
Filing 101 ORDER MEMORIALIZING COURT RULINGS AT DISCOVERY HEARING. Signed by Magistrate Judge Dave Lee Brannon on 6/5/2020. See attached document for full details. (jas) |
Filing 100 MOTION to Withdraw as Attorney by Jacob Post for / by Pandora Marketing, LLC. Responses due by 6/19/2020 (Smith, Sheena) |
Filing 99 ORDER granting #97 Motion to Withdraw as Attorney. Jacob Brian Post withdrawn from case. Signed by Judge Donald M. Middlebrooks on 6/4/2020. See attached document for full details. (lk) |
Filing 98 PAPERLESS MINUTE ENTRY for proceedings before U.S. Magistrate Judge Dave Lee Brannon: Discovery Hearing held on 6/4/20. Attorney Appearances: Lindy K. Keown, Albert G. Lin, Marissa A. Peirsol, & Emily B. Thomas for Plaintiff || Sheena D. Smith & Jonathan Vine for Pandora Marketing || Isaac Meyer Marcushamer & Jonathan Parrott for Intermarketing Media || Amy Leigh Baker for McCroskey || Brian L. Wagner for Slattery. Court hears from counsel. Rulings made on the record. Order memorializing those rulings to follow. (AT&T Teleconference Recording: 14:59|| Time in Court: 2 hrs, 59 mins.) (jb02) |
Filing 97 Unopposed MOTION to Withdraw as Attorney by Jacob B. Post for / by Pandora Marketing, LLC. Responses due by 6/18/2020 (Smith, Sheena) |
Filing 96 Plaintiff's RESPONSE to #78 MOTION to Dismiss #50 Notice (Other), , #77 Defendant's MOTION TO DISMISS #62 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM by Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A - Declaration of Douglas A.Vonderhaar, #2 Exhibit B - Declaration of Betsey L. Lyon)(Keown, Lindy) |
Filing 95 RESPONSE in Opposition re #78 MOTION to Dismiss #50 Notice (Other), , #77 Defendant's MOTION TO DISMISS #62 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Replies due by 6/10/2020. (Attachments: #1 Exhibit A - Amended Report)(Keown, Lindy) |
Filing 94 PAPERLESS ORDER granting #88 Defendants McCroskey Legal, Unlock Legal, and Miranda McCroskey, Esq.'s Motion for Extension of Time. Defendants request a 14-day extension of time in which to respond to Plaintiffs' Amended Complaint (DE #62 ) and state in support that this extension is necessary due to the complexity of the claims therein. As this Motion is unopposed, I find good cause to grant the requested relief. Accordingly, Defendants McCroskey Legal, Unlock Legal, and Miranda McCroskey, Esq. shall respond to Plaintiffs' Amended Complaint on or before June 15, 2020. No further extensions of this deadline shall be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 6/1/2020. (gts) |
Filing 93 ACKNOWLEDGMENT OF SERVICE on Carlsbad filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
Filing 92 ACKNOWLEDGMENT OF SERVICE on Slattery filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
Filing 91 ACKNOWLEDGMENT OF SERVICE on Del Mar Law filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
Filing 90 Clerks Notice to Filer re #88 Unopposed MOTION for Extension of Time to Respond to Amended Complaint re #62 Amended Complaint,,,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
Filing 89 Plaintiff's MOTION to Continue Case Management Schedule Consistent With the March 30, 2020 Order by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 6/12/2020 (Attachments: #1 Affidavit of Albert G. Lin, #2 Text of Proposed Order)(Keown, Lindy) |
Filing 88 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #62 Amended Complaint,,, by Miranda McCroskey, McCroskey Legal, Unlock Legal, APLC. Responses due by 6/12/2020 (Baker, Amy) Modified Relief on 6/1/2020 (ls). |
Filing 87 SUMMONS (Affidavit) Returned Executed on #62 Amended Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Miranda McCroskey served on 5/12/2020, answer due 6/2/2020. (Keown, Lindy) |
Filing 86 PAPERLESS ORDER denying #79 Defendant Intermarketing Media, LLC's Motion to Expedite Briefing. Defendant seeks to expedite briefing in response to its Motion to Dismiss or in the Alternative to Transfer (DE #79 ). In support, Defendant argues that briefing should be expedited largely based on the merits of its Motion to Transfer. However, Defendant does not specifically establish how the current briefing schedule will cause harm to any Parties in this case. Accordingly, I do not find good cause to expedite briefing. Signed by Judge Donald M. Middlebrooks on 5/22/2020. (gts) |
Filing 85 PAPERLESS ORDER granting #82 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' First Amended Complaint (DE #62 ). Defendants request an extension of the deadline to respond to Plaintiffs' First Amended Complaint and state in support that additional time is needed as local counsel was only recently obtained. I find good cause to grant the requested relief. Accordingly, Defendants Slattery, Sobel & Decamp, LLC, Del Mar Law Groin, LLP, Carlsbad Law Group, LLP, and JL Slattery, Esq. shall respond to Plaintiffs' First Amended Complaint on or before June 12, 2020. No further extensions of this deadline shall be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 5/22/2020. (gts) |
Filing 84 PAPERLESS ORDER SETTING TELEPHONIC DISCOVERY HEARING: Upon notice by the parties of discovery disputes requiring Court intervention, a discovery hearing is set for 3:00 P.M. on Thursday, June 4, 2020, before U.S. Magistrate Judge Dave Lee Brannon. One hour is reserved. In light of the current pandemic, counsel shall appear by telephone. Instructions for appearances: dial (888) 808-6929 from a landline and enter access code 2036573. Signed by U.S Magistrate Judge Dave Lee Brannon on 5/22/2020. (jb02) |
Filing 83 NOTICE of Attorney Appearance by Amy Leigh Baker on behalf of Miranda McCroskey, McCroskey Legal, Unlock Legal, APLC. Attorney Amy Leigh Baker added to party Miranda McCroskey(pty:dft), Attorney Amy Leigh Baker added to party McCroskey Legal (pty:dft), Attorney Amy Leigh Baker added to party Unlock Legal, APLC(pty:dft). (Baker, Amy) |
Filing 82 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #62 Amended Complaint,,, by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. (Wagner, Brian) |
Filing 81 NOTICE of Attorney Appearance by Brian L Wagner on behalf of Carlsbad Law Group, LLP, Del Mar Law Group, LLP, J.L. Sean Slattery, Slattery, Sobel & Decamp, LLC. Attorney Brian L Wagner added to party Carlsbad Law Group, LLP(pty:dft), Attorney Brian L Wagner added to party Del Mar Law Group, LLP(pty:dft), Attorney Brian L Wagner added to party J.L. Sean Slattery(pty:dft), Attorney Brian L Wagner added to party Slattery, Sobel & Decamp, LLC(pty:dft). (Wagner, Brian) |
Filing 80 NOTICE of Filing Joinder by Pandora Marketing, LLC re #79 MOTION to Expedite Briefing on defendant's motion for transfer pursuant to 28 U.S.C. 1404 (Smith, Sheena) |
Filing 79 MOTION to Expedite by Intermarketing Media, LLC. (Marcushamer, Isaac) |
Filing 78 MOTION to Dismiss #50 Notice (Other), by Intermarketing Media, LLC. Responses due by 6/3/2020 (Attachments: #1 Affidavit, #2 Affidavit)(Marcushamer, Isaac) |
Filing 77 Defendant's MOTION TO DISMISS #62 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM by Pandora Marketing, LLC. Responses due by 6/3/2020 (Attachments: #1 Exhibit Declaration of Rick Folk, #2 Errata Declaration of William "Bo" Wilson)(Smith, Sheena) |
Filing 76 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Jacob Brian Post re #75 Notice of Change of Address. After filing a Notice of Change of Address, Attorney Jacob Brian Post is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. (pt) |
Filing 75 NOTICE of Change of Address by Jacob Brian Post (Post, Jacob) |
Filing 74 SUMMONS (Affidavit) Returned Executed on #62 Amended Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Unlock Legal, APLC served on 5/11/2020, answer due 6/1/2020. (Keown, Lindy) |
Filing 73 SUMMONS (Affidavit) Returned Executed on #62 Amended Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. McCroskey Legal served on 5/11/2020, answer due 6/1/2020. (Keown, Lindy) |
Filing 72 SUMMONS (Affidavit) Returned Executed on #62 Amended Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. J.L. Sean Slattery served on 5/11/2020, answer due 6/1/2020. (Keown, Lindy) |
Filing 71 PAPERLESS ORDER granting #70 Defendant Intermarketing Media's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jonathan Parrott. Jonathan Parrott may participate in this matter on behalf of Defendant Intermarketing Media, LLC d/b/a Resort Advisory Group. The Clerk of Court shall provide all electronic filings to Jonathan Parrott at jparrott@lawfss.com. Signed by Judge Donald M. Middlebrooks on 5/13/2020. (gts) |
Filing 70 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan Parrott. Filing Fee $ 200.00 Receipt # AFLSDC-12872054 by Intermarketing Media, LLC. Responses due by 5/26/2020 (Attachments: #1 Certification Certification of Jonathan Parrott, #2 Certification Certificate of Standing from The State Bar of California, #3 Certification Certificate of Standing from The State Bar of Colorado, #4 Text of Proposed Order Proposed Order)(Marcushamer, Isaac) |
Filing 69 Summons Issued as to McCroskey Legal. (pcs) |
Filing 68 Summons Issued as to Slattery, Sobel & Decamp, LLC. (jas) |
Filing 67 PAPERLESS ORDER denying as moot #35 Defendants' Motion to Dismiss and Motion to Transfer. These Motions are denied as moot in light of Plaintiffs' Amended Complaint. (DE #62 ). Signed by Judge Donald M. Middlebrooks on 5/7/2020. (gts) |
Filing 66 PAPERLESS ORDER denying as moot #36 Defendants' Motion to Dismiss for Failure to State a Claim and Motion to Transfer. These Motions are denied as moot in light of Plaintiffs' Amended Complaint. (DE #62 ). Signed by Judge Donald M. Middlebrooks on 5/7/2020. (gts) |
Filing 65 NOTICE of Filing Proposed Summons(es) by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC re #62 Amended Complaint,,, filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Summon(s)) (Keown, Lindy) |
Filing 64 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es, Miranda Dempsey, APLC dba McCroskey Legal, Slattery, Sobel & Decamp, LLP, does not match the First Amended Complaint. (jas) |
Filing 63 Summons Issued as to Carlsbad Law Group, LLP, Del Mar Law Group, LLP, Miranda McCroskey, J.L. Sean Slattery, Unlock Legal, APLC. (jas) |
Filing 62 First AMENDED COMPLAINT against Intermarketing Media, LLC, Pandora Marketing, LLC, Miranda McCroskey, Miranda Dempsey, APLC dba McCroskey Legal, Unlock Legal, APLC, J.L. Sean Slattery, Carlsbad Law Group, LLC, Del Mar Law Group, LLP, Slattery, Sobel & Decamp, LLP filed in response to Order Granting Motion for Leave, filed by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Summon(s) Miranda McCroskey, Esq., #12 Summon(s) Miranda Dempsey, APLC dba McCroskey Legal, #13 Summon(s) Unlock Legal, APLC, #14 Summon(s) J.L. Sean Slattery, Esq., #15 Summon(s) Carlsbad Law Group, LLP, #16 Summon(s) Del Mar Group, LLP, #17 Summon(s) Slattery, Sobel & Decamp, LLP)(Keown, Lindy) |
Filing 61 PAPERLESS ORDER granting 52 Plaintiffs' Motion to File Amended Complaint. Plaintiffs seek leave to file their first Amended Complaint. On May 1, 2020, Defendants indicated that they do not oppose the requested relief. (DE #55 ). Rule 15(a) of the Federal Rules of Civil Procedure provides that leave to amend a pleading should be freely granted "when justice so requires." I find that, in the interest of justice, it is appropriate to grant Plaintiffs leave to amend. Accordingly, Plaintiffs are directed to file their Amended Complaint as soon as practicable, but not later than May 7, 2020. Signed by Judge Donald M. Middlebrooks on 5/6/2020. (gts) |
Filing 60 REPLY to Response to Motion re #36 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by Intermarketing Media, LLC. (Marcushamer, Isaac) |
Filing 59 REPLY to Response to Motion re #35 Defendant's MOTION to Dismiss #1 Complaint, or in the alternative motion to transfer venue filed by Pandora Marketing, LLC. (Smith, Sheena) |
Filing 58 Clerks Notice to Filer re #56 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. (jas) |
Filing 57 Clerks Notice to Filer re #55 Response/Reply (Other). Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (jas) |
Filing 56 NOTICE of Joinder by Intermarketing Media, LLC re #55 Response to Notice, Motion for Leave to File First Amended Complaint Joinder (Marcushamer, Isaac) Modified text on 5/4/2020 (jas). |
Filing 55 RESPONSE TO 52 PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT by Pandora Marketing, LLC. (Post, Jacob) Modified text and added docket relationship to 52 Motion on 5/4/2020 (jas). |
Filing 54 PAPERLESS ORDER EXPEDITING BRIEFING. On April 27, 2020, Plaintiffs filed a Notice of Filing First Amended Complaint or, in the Alternative, Motion to Amend Complaint and Join Parties. In the Rule 7.1 Certificate of Conferral, Plaintiffs state that "Defendants indicated that they would not consent." Accordingly, if Defendants believe that Plaintiffs are not entitled to amend as of right and, further, oppose Plaintiffs' Motion to Amend, Defendants should file a response indicating the grounds for such opposition on or before May 4, 2020. If, alternatively, Defendants do not oppose the requested relief, Defendants should file a notice indicating as much as soon as possible, but in no case before May 1, 2020. Signed by Judge Donald M. Middlebrooks on 4/28/2020. (gts) |
Filing 53 Clerks Notice to Filer re #50 Notice (Other), Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (jas) |
Filing 52 MOTION to Amend #1 Complaint, (Responses due by 5/11/2020), MOTION to Join Parties re #1 Complaint, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (See image at DE#50 . (jas) |
Filing 51 RESPONSE in Opposition re #36 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, , #35 Defendant's MOTION to Dismiss #1 Complaint, or in the alternative motion to transfer Venue filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Replies due by 5/4/2020. (Keown, Lindy) |
Filing 50 NOTICE by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC of filing Amended Complaint, or, in the Alternative, Motion to Amend Complaint (Attachments: #1 Exhibit 1) (Keown, Lindy) |
Filing 49 PAPERLESS ORDER granting #44 Unopposed Motion for Entry of an Agreed Order Establishing Protocol for Production of Electronically Stored Information. Pursuant to Federal Rule of Civil Procedures 26 and 34 and Local Rule 26.1, the parties have agreed upon a protocol for production of electronically stored information in this matter. The parties shall comply with their stipulated ESI protocol. Should any discovery disputes arise, the parties shall comply with the Order Setting Discovery Procedure. Signed by U.S. Magistrate Judge Dave Lee Brannon on 4/10/2020. (jb02) |
Filing 48 ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 4/10/2020. See attached document for full details. (cds) |
Filing 47 ORDER Modifying Scheduling Order granting #43 Motion to Extend Expert-Related Pre-Trial Deadlines. Signed by Judge Donald M. Middlebrooks on 4/8/2020. See attached document for full details. (ls) |
Filing 46 ORDER REFERRING #44 Unopposed MOTION for Entry of Agreed Order Establishing Protocol for Production of Electronically Stored Information filed by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC., ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Discovery Matters. Motions referred to Judge Dave Lee Brannon. Signed by Judge Donald M. Middlebrooks on 4/7/2020. See attached document for full details. (ls) |
Filing 45 NOTICE by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC of Filing Confidentiality Stipulation (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Keown, Lindy) |
Filing 44 Unopposed MOTION for Entry of Agreed Order Establishing Protocol for Production of Electronically Stored Information by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Text of Proposed Order)(Keown, Lindy) |
Filing 43 Plaintiff's MOTION for Extension of Time Motion to Extend Expert-Related Deadlines re #21 Scheduling Order,,,, Order Referring Case to Mediation,,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/20/2020 (Attachments: #1 Text of Proposed Order)(Keown, Lindy) |
Filing 42 PAPERLESS ORDER granting #41 Plaintiffs' Unopposed Motion for Clarification and granting an extension of the deadline to respond to Defendants' Motions to Dismiss (DE #35 ; DE #36 ). Plaintiffs seek an extension of the deadline to respond to Defendants' Motions to Dismiss and state in support that additional time is needed due to the logistical difficulties caused by COVID-19. I find good cause to grant the requested extension. Accordingly, Plaintiffs shall respond to Defendants' Motions to Dismiss on or before April 27, 2020. No further extensions of this deadline will be granted absent a compelling showing of good cause supported by specific facts. Signed by Judge Donald M. Middlebrooks on 4/1/2020. (gts) |
Filing 41 Unopposed MOTION for clarification 40 Order on Motion for Extension of Time,,,,,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/13/2020 (Attachments: #1 Proposed Order)(Keown, Lindy) |
Filing 40 PAPERLESS ORDER denying without prejudice #39 the Parties' Joint Motion to Extend the Scheduling Order. The Parties seek an extension of all remaining deadlines in this case, including trial, and state in support that progress in this case has been stalled due to COVID-19, particularly as the Parties and their counsel are spread across the country. The Parties' concerns going forward relate primarily to their ability to conduct discovery, which may be hampered by difficulties in receiving the appropriate documents, as well as difficulties conferring with their clients. Currently, the discovery deadline in this case is June 29, 2020. (DE #21 ). At this point, it is unclear whether it will be possible for the Parties to comply with this deadline. Understanding the widescale business disruption caused by the pandemic, I know that delays are inevitable and I intend to be responsive to the Parties' needs in this regard, however the Parties should still be making reasonably diligent efforts to comply with the deadlines in this case and alert me if there are specific obstacles they cannot overcome within the time frames provided. If, after an exercise of diligence, the Parties find that they are not able to comply with the Scheduling Order, they should file a renewed motion, stating with specificity why additional extensions are necessary. If the Parties intend to file a renewed motion, they are encouraged to do so approximately one month before the discovery deadline. Signed by Judge Donald M. Middlebrooks on 3/30/2020. (gts) |
Filing 39 Joint MOTION for Extension of Time Joint Motion to Extend Case Management Schedule and Reset Trial Date re #21 Scheduling Order,,,, Order Referring Case to Mediation,,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/10/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order F)(Keown, Lindy) |
Filing 38 PAPERLESS ORDER granting #37 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Douglas A. Vonderhaar. Douglas A. Vonderhaar may participate in this matter on behalf of Plaintiffs. The Clerk of Court shall provide all electronic filings to Douglas A. Vonderhaar at dvonderhaar@bakerlaw.com. Signed by Judge Donald M. Middlebrooks on 3/20/2020. (gts) |
Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Douglas A. Vonderhaar. Filing Fee $ 200.00 Receipt # AFLSDC-12626202 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/2/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Keown, Lindy) |
Filing 36 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, ( Responses due by 4/1/2020) by Intermarketing Media, LLC. (Attachments: #1 Affidavit Declaration of Jason Krieck)(Marcushamer, Isaac) |
Filing 35 Defendant's MOTION to Dismiss #1 Complaint, or in the alternative motion to transfer by Pandora Marketing, LLC. Responses due by 4/1/2020 (Attachments: #1 Exhibit A, #2 Exhibit B)(Vine, S.) |
Filing 34 ORDER GRANTING DEFENDANT INTERMARKETINGS COUNSELS MOTION TO WITHDRAW re #30 Motion to Withdraw as Attorney. S. Jonathan Vine withdrawn from case. Signed by Judge Donald M. Middlebrooks on 3/17/2020. See attached document for full details. (ebz) |
Filing 33 PAPERLESS ORDER granting #32 Plaintiffs' Unopposed Motion for extension of the deadline to join additional parties and amend pleadings. Plaintiffs seek an extension of this deadline until May 1, 2020, and state in support that additional discovery is required to determine the identity of the parties it seeks to add. I find good cause to grant this extension. Accordingly, the deadline to join parties and amend pleadings is extended until May 1, 2020. To clarify, the deadline to amend as of right under Rule 15 of the Federal Rules of Civil Procedure has passed. Therefore, if Plaintiffs wish to amend, they must move to amend and I must grant leave to do so. By granting this extension, I am not determining that it is appropriate for Plaintiffs to amend their Complaint (DE #1 ), but only stating that such a motion will not be denied due to untimeliness until after May 1, 2020. Despite this extension, I reserve the right to deny a motion to amend due to undue delay. Accordingly, if Plaintiffs wish to amend, they must do so at the earliest date possible, rather than waiting until the May 1, 2020 amendment deadline. Signed by Judge Donald M. Middlebrooks on 3/17/2020. (gts) |
Filing 32 Unopposed MOTION for Extension of Time to Join Parties and Amend Pleadings re #21 Scheduling Order,,,, Order Referring Case to Mediation,,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 3/30/2020 (Attachments: #1 Proposed Order)(Keown, Lindy) |
Filing 31 Joint SCHEDULING REPORT - Rule 16.1 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Attachments: #1 Text of Proposed Order)(Keown, Lindy) |
Filing 30 Unopposed MOTION to Withdraw as Attorney for Intermarketing Media, LLC - Jonathan Vine, Sheena Smith and Jacob Post by Jonathan Vine for / by Intermarketing Media, LLC. Responses due by 3/30/2020 (Attachments: #1 Exhibit)(Vine, S.) |
Filing 29 PAPERLESS ORDER granting #26 Plaintiffs' Unopposed Motion for Extension of Time to file Joint Scheduling and Conference Report (the "Report"). Plaintiffs seek a seven-day extension and state in support that the Parties require additional time to confer regarding consent to the exercise of jurisdiction by a U.S. Magistrate Judge. I find good cause to grant the requested extension. Accordingly, the deadline to file the Report is extended to March 16, 2020. No additional extensions of this deadline will be granted based on the need to confer. Signed by Judge Donald M. Middlebrooks on 3/13/2020. (gts) |
Filing 28 PAPERLESS ORDER granting #27 Defendant Intermarketing Media's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Andrew D. Stolper. Andrew D. Stolper may participate in this matter on behalf of Defendant Intermarketing Media. The Clerk of Court shall provide all electronic filings to Andrew D. Stolper at astolper@lawfss.com. Signed by Judge Donald M. Middlebrooks on 3/13/2020. (gts) |
Filing 27 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew D. Stolper. Filing Fee $ 200.00 Receipt # AFLSDC-12587918 by Intermarketing Media, LLC. Attorney Isaac Meyer Marcushamer added to party Intermarketing Media, LLC(pty:dft). Responses due by 3/25/2020 (Attachments: #1 Certification Certification, #2 Text of Proposed Order Text of Proposed Order)(Marcushamer, Isaac) |
Filing 26 Unopposed MOTION for Extension of Time To File Rule 26(f) Joint Scheduling and Conference Report re #21 Scheduling Order,,,, Order Referring Case to Mediation,,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 3/23/2020 (Attachments: #1 Proposed Order)(Keown, Lindy) |
Filing 25 ORDER denying without prejudice #16 Unopposed Motion for Continuance of Trial. Signed by Judge Donald M. Middlebrooks on 3/6/2020. See attached document for full details. (ls) |
Filing 24 PAPERLESS ORDER granting #20 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Emily B. Thomas. Emily B. Thomas may participate in this matter on behalf of Plaintiffs. The Clerk of Court shall provide all electronic filings to Emily B. Thomas at ethomas@bakerlaw.com. Signed by Judge Donald M. Middlebrooks on 3/5/2020. (gts) |
Filing 23 PAPERLESS ORDER granting #19 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Albert G. Lin. Albert G. Lin may participate in this matter on behalf of Plaintiffs. The Clerk of Court shall provide all electronic filings to Albert G. Lin at alin@bakerlaw.com. Signed by Judge Donald M. Middlebrooks on 3/5/2020. (gts) |
Filing 22 PAPERLESS ORDER granting #17 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Marissa A. Peirsol. Marissa A. Peirsol may participate in this matter on behalf of Plaintiffs. The Clerk of Court shall provide all electronic filings to Marissa A. Peirsol at mpeirsol@bakerlaw.com. Signed by Judge Donald M. Middlebrooks on 3/5/2020. (gts) |
Filing 21 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION (Amended Pleadings due by 3/16/2020., Discovery due by 6/29/2020., Fact Discovery due by 6/29/2020., Expert Discovery due by 6/29/2020., Joinder of Parties due by 3/16/2020., In Limine Motions due by 7/13/2020., Dispositive Motions due by 7/13/2020., Motions due by 7/13/2020., Joint Pretrial Stipulation due by 8/17/2020., Jury Trial set for 9/14/2020 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 9/9/2020 01:15 PM before Judge Donald M. Middlebrooks), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 3/3/2020. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. |
Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emily B. Thomas. Filing Fee $ 200.00 Receipt # AFLSDC-12546524 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 3/17/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Keown, Lindy) |
Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Albert G. Lin. Filing Fee $ 200.00 Receipt # AFLSDC-12546401 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 3/17/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Keown, Lindy) |
Filing 18 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 3/3/2020. Attorney Appearances: Lindy Kathryn Keown for Plaintiff | S. Jonathan Vine for Defendant. Pretrial and scheduling matters discussed. Scheduling Order to follow. (DAR/Time in Court: 15:02:44/19 mins.) (jb02) |
Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marissa A. Peirsol. Filing Fee $ 200.00 Receipt # AFLSDC-12546267 by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. Responses due by 3/17/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Keown, Lindy) |
Filing 16 Unopposed MOTION to Modify Trial Date re #7 Scheduling Order,,, Set/Clear Flags,, by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
Filing 15 NOTICE of Attorney Appearance by Jacob Brian Post on behalf of Pandora Marketing, LLC. Attorney Jacob Brian Post added to party Pandora Marketing, LLC(pty:dft). (Post, Jacob) |
Filing 14 Corporate Disclosure Statement by Diamond Resorts Hawaii Collection Development, LLC identifying Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts Hawaii Collection Development, LLC (Keown, Lindy) |
Filing 13 Corporate Disclosure Statement by Diamond Resorts U.S. Collection Development, LLC identifying Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts U.S. Collection Development, LLC (Keown, Lindy) |
Filing 12 NOTICE of Attorney Appearance by Sheena Danielle Smith on behalf of Pandora Marketing, LLC. Attorney Sheena Danielle Smith added to party Pandora Marketing, LLC(pty:dft). (Smith, Sheena) |
Filing 11 PAPERLESS ORDER granting #10 Defendants' Motion for Extension of Time. Defendants seek a 20-day extension of time to respond to Plaintiffs' Complaint (DE #1 ) and state in support that additional time is needed due to the length and complexity of Plaintiffs' Complaint, as well as the fact that counsel was recently obtained. I find good cause to grant the requested relief. Accordingly, Defendants must respond to Plaintiffs' Complaint on or before March 18, 2020. No further extensions of this deadline will be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 2/28/2020. (gts) |
Filing 10 MOTION for Extension of Time to Respond to Complaint re #1 Complaint, by Intermarketing Media, LLC, Pandora Marketing, LLC. Attorney S. Jonathan Vine added to party Intermarketing Media, LLC(pty:dft), Attorney S. Jonathan Vine added to party Pandora Marketing, LLC(pty:dft). Responses due by 3/12/2020 (Vine, S.) |
Filing 9 PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for March 3, 2020 at 3:00 P.M. in West Palm Beach Division before U.S. Magistrate Judge Dave Lee Brannon. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Any motions to modify the existing trial date should be filed prior to the telephonic scheduling conference. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets multiple cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 2/27/2020. (spe) |
Filing 8 Summons Issued as to Intermarketing Media, LLC. (jas) |
Filing 7 ORDER REFERRING CASE AND SETTING TRIAL DATE (Jury Trial set for 9/14/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 9/9/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 2/26/2020. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. |
Filing 6 NOTICE of Filing Proposed Summons(es) as to Intermarketing Media, LLC by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Keown, Lindy) |
Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC. Pandora Marketing, LLC served on 2/3/2020, answer due 2/24/2020. (Keown, Lindy) |
Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Hawaii Collection Development, LLC. Intermarketing Media, LLC served on 2/3/2020, answer due 2/24/2020. (Keown, Lindy) |
Filing 3 Summons Issued as to Intermarketing Media, LLC, Pandora Marketing, LLC. (cds) |
Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (cds) |
Filing 1 COMPLAINT against Intermarket Media, LLC dba Resort Advisory Group, Pandora Marketing, LLC dba Timeshare Compliance. Filing fees $ 400.00 receipt number AFLSDC-12380143, filed by DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Crossland, Brandon) |
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