Maria Carbajal v. Diamond Resorts Hawaii Collection Development, LLC et al
| Maria Carbajal |
| a Delaware Limited L Diamond Resorts Hawaii Collection Development LLC and DOES 1-10 inclusive |
| 1:2017cv00272 |
| June 9, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Outside state of Hawaii |
| LESLIE E KOBAYASHI |
| RICHARD L PUGLISI |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on April 5, 2018. A more recent docket listing may be available from PACER.
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| Filing 44 CLERK'S JUDGMENT Default Judgment in favor of Diamond Resorts Hawaii Collection Development LLC against Maria Carbajal. (eps, ) |
Filing 43
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION for #42 Findings and Recommendation To Grant In Part And Deny In Part Defendant And Counter-Claimant Diamond Resorts Hawaii Collection Development LLC's Motion To Enter Default Judgment Against Maria Carbajal" Signed by JUDGE LESLIE E. KOBAYASHI on 03/07/2018. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on March 8, 2018 : MITCHELL REED SUSSMAN, ESQ; 1053 S. Palm Canyon Drive; Palm Springs, CA 92264
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| Filing 42 FINDINGS AND RECOMMENDATION To Grant In Part And Deny In Part Defendant And Counter-Claimant Diamond Resorts Hawaii Collection Development, LLC's Motion To Enter Default Judgment Against Maria Carbajal re #40 MOTION for Default Judgment Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 02/09/2018. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on February 12, 2018 :MITCHELL REED SUSSMAN, ESQ; 1053 S. Palm Canyon Drive; Palm Springs, CA 92264 |
| Filing 41 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #40 Motion for Default Judgment as to Defendant and Counter-Claimant Diamond Resorts Hawaii Collection Development, LLC's Counterclaim without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(nab)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 40 MOTION for Default Judgment as to Defendant and Counter-Claimant Diamond Resorts Hawaii Collection Development, LLC's Counterclaim Michael L. Iosua appearing for Counter Claimant Diamond Resorts Hawaii Collection Development LLC, Defendant Diamond Resorts Hawaii Collection Development LLC (Attachments: #1 Declaration of Corrine Gaxiola, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of Colin R. Higgins, #6 Declaration Michael L. Iosua, #7 Certificate of Service)(Iosua, Michael) |
| Filing 39 EO: No later than 1/19/2018, Defendant Diamond Resorts Hawaii Collection Development, LLC shall file the appropriate motion for default judgment regarding its Counterclaim.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 38 Clerk's ENTRY OF DEFAULT as to Maria Carbajal as to the Complaint (eps, ) |
| COURT'S CERTIFICATE of Service - 38 Clerk's Entry of Default has been served by First Class Mail to Mitchell Reed Sussman; Mitchell Reed Sussman Law Office;1053 S Palm Canyon Dr;Palm Springs, CA 92264 on 12/15/2017. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eps, ) |
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Filing 37
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re #36 Findings and Recommendation To Dismiss Plaintiff's Complaint And Enter Default Against Plaintiff As To Defendant Diamond Resorts Hawaii Collection Development, LLC's Counterclaim". Signed by JUDGE LESLIE E. KOBAYASHI on 12/12/2017. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on the date of this docket entry
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| Filing 36 FINDINGS AND RECOMMENDATION TO DISMISS PLAINTIFF'S COMPLAINT AND ENTER DEFAULT AGAINST PLAINTIFF AS TO DEFENDANT DIAMOND RESORTS HAWAII COLLECTION DEVELOPMENT, LLC'S COUNTERCLAIM re Complaint, filed by Maria Carbajal. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 11/01/2017. The Court FINDS AND RECOMMENDS as follows:(1) Plaintiff's Complaint be DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute; and(2) The Clerk ENTER DEFAULT against Plaintiff as to Defendant Diamond Resorts Hawaii Collection Development, LLC's Counterclaim to pursuant to Federal Rules of Civil Procedure Rule 55(a). (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) Participants not registered to receive electronic notifications served by first class mail on the date of this docket entry . |
| Filing 35 EP: Show Cause Hearing held on 11/01/2017. 3 calls were made. Maria Carbajal not present. Defendant states that it wants to retain its Counterclaim against Plaintiff. Court to prepare order. (Court Reporter FTR - C5) (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 34 ACKNOWLEDGEMENT OF SERVICE - RRR - Certified Mail to Mitchell Reed Sussman, delivered on 09/20/2017 as to #32 Order to Show Cause,,,. (eps, ) |
| Filing 33 COURT'S CERTIFICATE of Service - #32 Order to Show Cause, served pursuant to the Court's Order by Certified Mail, Return Receipt Requested to Mitchell Reed Sussman on 09/15/2017. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eps, ) (eps, ). |
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Filing 32
ORDER TO SHOW CAUSE Show Cause Hearing set for 11/1/2017 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE RICHARD L. PUGLISI.. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 09/15/2017. Plaintiff is hereby ORDERED to appear before this Court on November 1, 2017, at 10:00 a.m., and show cause why this action should not be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute and to comply with the Local Rules. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Mitchell Reed Sussman, Esq. served via certified mail, return receipt requested on the date of this docket entry pursuant to this Court's Order
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Filing 30
ORDER GRANTING APPLICATION OF COLIN R. HIGGINS TO APPEAR PRO HAC VICE re #27 Motion to Appear Pro Hac Vice. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 08/07/2017. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
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Filing 29
ORDER GRANTING APPLICATION OF ANTHONY J. CARUCCI TO APPEAR PRO HAC VICE re #28 Motion to Appear Pro Hac Vice. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 08/07/2017. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
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| Filing 28 MOTION for Pro Hac Vice for Anthony J. Carucci Filing fee $ 300, receipt number 0975-1906358.Michael L. Iosua appearing for Counter Claimant Diamond Resorts Hawaii Collection Development LLC, Defendant Diamond Resorts Hawaii Collection Development LLC (Attachments: #1 Declaration of Anthony J. Carucci, #2 Designation and Consent of Counsel, #3 Proposed Order)(Iosua, Michael) |
| Filing 27 MOTION for Pro Hac Vice for Colin R. Higgins Filing fee $ 300, receipt number 0975-1906336.Michael L. Iosua appearing for Counter Claimant Diamond Resorts Hawaii Collection Development LLC, Defendant Diamond Resorts Hawaii Collection Development LLC (Attachments: #1 Declaration of Colin R. Higgins, #2 Designation and Consent of Counsel, #3 Proposed Order)(Iosua, Michael) |
| ADVISORY ENTRY. Please be advised that each counsel entering an appearance shall associate to a case by filing their own Notice of Appearance. The Docket Entry number #26 Notice of Appearance filed by Diamond Resorts Hawaii Collection Development LLC associates only the filer Michael Iosua to this case. To enter the appearance of Li Li please register for CM/ECF and file a Notice of Appearance with his authorized CM/ECF password and login. (eps, ) |
| Filing 26 NOTICE of Appearance by Michael L. Iosua on behalf of Diamond Resorts Hawaii Collection Development LLC on behalf of Diamond Resorts Hawaii Collection Development LLC. (Attachments: #1 Certificate of Service)(Iosua, Michael) |
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Filing 25
ORDER: COURT WILL ASSESS CASE STATUS on Thursday, September 7, 2017 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/9/2017. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Additional attachment(s) added on 6/9/2017: #1 Memo Re: Corporate Disclosure Statements) (emt, ).
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| Filing 24 NOTICE TO COUNSEL AND NON E-FILERS : The Clerk of Court for the U.S. District Court for the District of Hawaii gives notice of this Court's receipt of the electronic case record for Civil No. 5:17-cv-00239-R-SP; Maria Carbajal v. Diamond Resorts Hawaii Collection Development, LLC et. al. transferred from the U.S. District Court for Central District of California. Please be advised that this case has been assigned to U.S. District Judge Leslie E. Kobayashi and U.S. Magistrate Judge Richard L. Puglisi. Please reflect Civil Number No. CV 17-00272 LEK-RLP on all further filings in this case. Submission of Pro Hac Vice Applications : Please refer to LR83.1(e) of the Local Rules for the District of Hawaii with respect to the submission of applications for pro hac vice admittance and the designation of local counsel (a member in good standing of the bar of this court who maintains an office within this district). Please refer to the court's website, www.hid.uscourts.gov to obtain the "Motion to Appear Pro Hac Vice and Declaration of Counsel Package" (Form HID007-007a), located in the "Forms" section, under subsection "Miscellaneous". The filing fee is $300.00 per attorney, per case. Further be advised that, on January 1, 2014, this court implemented mandatory electronic filing, see L100.2.1. The Local Rules for the District of Hawaii, as well as other court resources are available on the website. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 23 NOTICE of Case Assignment: Please reflect Civil case number CV 17-00272 LEK-RLP on all further pleadings. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 22 Case transferred in from District of California Central; Case Number 5:17-cv-00239. Original file certified copy of transfer order and docket sheet received. |
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Filing 21
ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII by Judge Manuel L. Real: IT IS HEREBY ORDERED that the Motion to Transfer this Action to the United States District Court for the District of Hawaii #11 is GRANTED. Case electronically transferred. ( MD JS-6. Case Terminated ) (gk) [Transferred from California Central on 6/9/2017.]
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| Filing 20 CERTIFICATE of Interested Parties filed by Plaintt - cross defendant Maria Carbajal, (Sussman, Mitchell) [Transferred from California Central on 6/9/2017.] |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim filed 3/24/2017 #14 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) [Transferred from California Central on 6/9/2017.] |
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Filing 18
TEXT ONLY SCHEDULING ORDER TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Defendant Diamond Resorts Hawaii Collection Development, LLCs Motion to Transfer this Action to the United States District Court for the District of Hawaii Pursuant to a Written Contract with a Forum Selection Clause 928 U.S.C. 1404(a)) (Dckt. No. #11 ) set for hearing on April 17, 2017 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of April 17, 2017 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY [Transferred from California Central on 6/9/2017.]
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| Filing 17 REPLY In Support of Motion NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, District of Hawaii #11 filed by Counter Claimant Diamond Resorts Hawaii Collection Development, LLC, Defendant Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Proposed Order)(Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
| Filing 16 REPORT of Joint Report of Early Meeting filed by Counter Claimant Diamond Resorts Hawaii Collection Development, LLC, Defendant Diamond Resorts Hawaii Collection Development, LLC. (Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
| Filing 15 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, District of Hawaii #11 filed by Plaintiff Maria Carbajal, Counter Defendant Maria Carbajal. (Sussman, Mitchell) [Transferred from California Central on 6/9/2017.] |
| Filing 14 ANSWER to Answer to Complaint (Discovery), Counterclaim #9 filed by Cross - defendant Maria Carbajal.(Sussman, Mitchell) [Transferred from California Central on 6/9/2017.] |
| Filing 13 DECLARATION of Benjamin La Luzerne In Support Of NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, District of Hawaii #11 filed by Counter Claimant Diamond Resorts Hawaii Collection Development, LLC, Defendant Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
| Filing 12 DECLARATION of Anthony J. Carucci In Support Of NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, District of Hawaii #11 filed by Counter Claimant Diamond Resorts Hawaii Collection Development, LLC, Defendant Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
| Filing 11 NOTICE OF MOTION AND MOTION to Change Venue to United States District Court, District of Hawaii filed by Defendant and Counterclaimant Diamond Resorts Hawaii Collection Development, LLC. Motion set for hearing on 4/17/2017 at 10:00 AM before Judge Manuel L. Real. (Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
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Filing 10
ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch) [Transferred from California Central on 6/9/2017.]
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| Filing 9 ANSWER to Complaint - (Discovery) with JURY DEMAND , COUNTERCLAIM against Maria Carbajal filed by Defendant Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Exhibit 1)(Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
| Filing 8 NOTICE Notice of Court's Order re: Notice to Counsel filed by Defendant Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Exhibit Exhibit A)(Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
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Filing 7
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Christina A. Snyder to Judge Manuel L. Real for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:17-cv-00239 R(SPx). (rn) [Transferred from California Central on 6/9/2017.]
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| Filing 6 STIPULATION Extending Time to Answer the complaint as to Diamond Resorts Hawaii Collection Development, LLC answer now due 3/15/2017, filed by Defendant Diamond Resorts Hawaii Collection Development, LLC.(Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
| Filing 5 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Christina A. Snyder. The case number on all documents filed with the Court in this case should read as follows: 5:17-cv-00239 CAS (SPx). (car) [Transferred from California Central on 6/9/2017.] |
| Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Eastern Division. Case has been assigned to Judge Jesus G. Bernal for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Sheri Pym. New Case Number 5:17-cv-00239-JGB-SPx. (car) [Transferred from California Central on 6/9/2017.] |
| CONFORMED COPY OF COMPLAINT against Defendants Diamond Resorts Hawaii Collection Development, LLC, Does 1-10, inclusive, filed by Plaintiff Maria Carbajal. Submitted with Attachment 1 to Notice of Removal (car) [Transferred from California Central on 6/9/2017.] |
| Filing 3 NOTICE OF REMOVAL from Riverside County - Palm Springs Branch, case number PSC1700008 with filing fee previously paid ($400 paid on 02/08/2017, receipt number 260IMJV6), filed by Defendant Diamond Resorts Hawaii Collection Development, LLC. (Attachments: #1 Exhibit Complaint for Damages, #2 Exhibit Summons)(Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
| Filing 2 Certification and NOTICE of Interested Parties filed by Defendant Diamond Resorts Hawaii Collection Development, LLC, identifying Diamond Resorts Developer and Sales Holding Company,Inc.; Diamond Resorts Corporation. (Attorney Anthony J Carucci added to party Diamond Resorts Hawaii Collection Development, LLC(pty:dft))(Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
| Filing 1 CIVIL COVER SHEET filed by Defendant Diamond Resorts Hawaii Collection Development, LLC. (Carucci, Anthony) [Transferred from California Central on 6/9/2017.] |
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