Chung v. Vistana Vacation Ownership, Inc. et al
| Keicy Chung |
| Starwood Hotels & Resorts Worldwide, LLC and Vistana Vacation Ownership, Inc. |
| 1:2018cv00469 |
| November 29, 2018 |
| US District Court for the District of Hawaii |
| KEVIN SC CHANG |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
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| Filing 35 FINDINGS AND RECOMMENDATIONS To Deny Plaintiff's Motion For Default Judgment re #19 . Signed by MAGISTRATE JUDGE ROM TRADER on 1/24/2019. (cib)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE of Service - a copy of #35 Findings and Recommendations, has been served by First Class Mail to the addresses of record on Keicy Chung. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 34 EO: Pro se Plaintiff filed #18 Plaintiff's Motion for Extension of Scheduling Conference ("Motion") on 1/3/19 requesting that the Court continue the Rule 16 Scheduling Conference from 1/28/19 at 9:00 a.m. to 2/18/19 or later. Defendants Vistana Vacation Ownership, Inc. and Starwood Hotels and Resorts Worldwide, LLC filed their #27 Joinder in Motion for Continuance of Rule 16 Conference on 1/15/19. Accordingly, the Court GRANTS Plaintiff's Motion and CONTINUES the Rule 16 scheduling conference from 1/28/19 at 9:00 a.m. to 4/8/19 at 9:00 a.m. granting #27 Motion for Joinder; granting #18 Motion. Rule 16 Scheduling Conference is set for 09:00AM on 4/8/2019 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 33 CERTIFICATE OF SERVICE by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. re #28 Memorandum in Opposition to Motion, for Default Judgment (Steinbacher, Taylor) |
| Filing 32 EO: AMENDED - On 12/19/18, Scott M. Pearson and Taylor Steinbacher filed #9 #10 Motions to Appear Pro Hac Vice. On 12/20/18, they supplemented their Motions. On 1/3/19, pro se Plaintiff Keicy Chung filed Oppositions to the Motions. Plaintiff opposes pro hac vice admission for Messrs. Pearson and Steinbacher on the basis that Defendants are already represented by local counsel; Messrs. Pearson and Steinbacher's expertise is in California law; they are not licensed to practice in Hawaii; and their actions in a different action should preclude a finding of good moral character. None of these contentions support denial of the Motions. Local Rule 83.1(e) authorizes counsel licensed in other jurisdictions to appear in this district subject to the conditions of the rule. After reviewing the Motions, the Court finds that Messrs. Pearson and Steinbacher satisfy Local Rule 83.1(e)'s requirements. Accordingly, the Court GRANTS the Motions and hereby authorizes Messrs. Pearson and Steinbacher to appear pro hac vice on behalf of Defendants in this action. re 26 Order on Motion to Appear Pro Hac Vice,,,,,,,,,,,, Terminate Motion Deadlines/Hearings (inc F&R),,,,,. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 31 AMENDED Certificate of Service by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc re #15 - Request for Judicial Notice In Support of Motion To Dismiss.(Monlux, Nicholas) Modified docket text on 1/18/2019 to reflect pdf attachment (cib, ). |
| Filing 30 AMENDED Certificate of Service by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. re #14 - Motion To Dismiss (Monlux, Nicholas) Modified docket text on 1/18/2019 to reflect pdf attachment(cib). |
| Filing 29 AMENDED Certificate of Service by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. re #16 - Corporate Disclosure. (Monlux, Nicholas) Modified docket text to reflect pdf attachment on 1/18/2019 (cib, ). |
| Filing 28 MEMORANDUM in Opposition re #19 MOTION for Default Judgment as to defendants filed by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc.. (Attachments: #1 Declaration of Nicholas R. Monlux in Support of Opposition to Motion for Default Judgment)(Steinbacher, Taylor) |
| Filing 27 MOTION for Joinder in Motion for Continuance of Rule 16 Conference Nicholas R. Monlux appearing for Defendants Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. (Attachments: #1 Declaration of Taylor Steinbacher, #2 Exhibit "A" to Steinbacher Declaration, #3 Certificate of Service)(Monlux, Nicholas) |
| Filing 26 EO: On 12/19/19, Scott M. Pearson and Taylor Steinbacher filed #9 #10 Motions to Appear Pro Hac Vice. On 12/20/18, they supplemented their Motions. On 1/3/19, pro se Plaintiff Keicy Chung filed Oppositions to the Motions. Plaintiff opposes pro hac vice admission for Messrs. Pearson and Steinbacher on the basis that Defendants are already represented by local counsel; Messrs. Pearson and Steinbacher's expertise is in California law; they are not licensed to practice in Hawaii; and their actions in a different action should preclude a finding of good moral character. None of these contentions support denial of the Motions. Local Rule 83.1(e) authorizes counsel licensed in other jurisdictions to appear in this district subject to the conditions of the rule. After reviewing the Motions, the Court finds that Messrs. Pearson and Steinbacher satisfy Local Rule 83.1(e)'s requirements. Accordingly, the Court GRANTS the Motions and hereby authorizes Messrs. Pearson and Steinbacher to appear pro hac vice on behalf of Defendants in this action. granting #9 Motion to Appear Pro Hac Vice; granting #10 Motion to Appear Pro Hac Vice. (MAGISTRATE JUDGE ROM TRADER)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE of Service - a copy of 23 Notice of Case Reassignment,, has been served by First Class Mail to the addresses of record on to: Keicy Chung. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (apg, dist) |
| Filing 25 PROOF of Service served on Vistana Vacation Ownership, Inc. on 1/7/2019 filed by Keicy Chung re #21 #22 #20 #18 #19 . (cib, ) |
| Filing 24 PROOF of Service served on Starwood Hotels & Resorts Worldwide, LLC on 1/7/2019 filed by Keicy Chung re #21 #22 #20 #18 #19 (cib, ) |
| Filing 23 NOTICE of Case Reassignment; Case reassigned to MAGISTRATE JUDGE ROM TRADER for all further proceedings. MAGISTRATE JUDGE KEVIN S.C. CHANG no longer assigned to case Please reflect new case number CV 18-00469-LEK-RT on all further pleadings . (apg, dist)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 22 Opposition To Defendants' Attorney Taylor Steinbacher's Motion To Appear Pro Hac Vice re #10 filed by Keicy Chung. (Attachments: #1 Proposed Order Denying Defendants' Attorney Taylor Steinbacher's Motion To Appear Pro Hac Vice)(cib, ) |
| Filing 21 Opposition To Defendants' Attorney Scott M. Pearson's Motion To Appear Pro Hac Vice re #10 filed by Keicy Chung. (Attachments: #1 Proposed Order Denying Defendants' Attorney Scott M. Pearson's Motion To Appear Pro Hac Vice)(cib, ) |
| Filing 20 Opposition To Defendants' Motion To Dismiss re #14 filed by Keicy Chung. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order Denying Defendants' Motion To Dismiss Complaint)(cib, ) |
| Filing 19 MOTION for Default Judgment filed by Plaintiff Keicy Chung. (Attachments: #1 Memorandum In Support of Motion For Default Judgment, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order Granting Plaintiff's Motion For Default Judgment)(cib, ) |
| Filing 18 MOTION For Extension Of Scheduling Conference filed by Plaintiff Keicy Chung. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order Granting Motion For Extension of Scheduling Conference)(cib, ) |
| Filing 17 NOTICE of Hearing on Motion #14 MOTION to Dismiss Defendants Vistana Vacation Ownership, Inc. and Starwood Hotels & Resorts Worldwide, LLC's Motion to Dismiss Complaint; Motion Hearing is set for 3/8/2019 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 16 Corporate Disclosure Statement by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. identifying Corporate Parent Marriott International, Inc. for Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc... (Attachments: #1 Certificate of Service)(Monlux, Nicholas) |
| Filing 15 REQUEST Judicial Notice re #14 Motion to Dismiss Complaint by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Certificate of Service)(Monlux, Nicholas) Modified on 12/26/2018 to add linkage to underlying motion (emt, ). |
| Filing 14 MOTION to Dismiss Defendants Vistana Vacation Ownership, Inc. and Starwood Hotels & Resorts Worldwide, LLC's Motion to Dismiss Complaint; Memorandum in Support of Motion; Certificate of Service Nicholas R. Monlux appearing for Defendants Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. (Attachments: #1 Memorandum Memorandum in Support of Motion, #2 Certificate of Service)(Monlux, Nicholas) |
| Filing 13 SUPPLEMENT re #10 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice - Taylor Steinbacher; Declaration of Counsel; [proposed] Order Granting Motion to Appear Pro Hac Vice Filing fee $ 300, receipt number 0975-2132442. filed by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. Supplemental Declaration of Counsel - Taylor Steinbacher. (Monlux, Nicholas) |
| Filing 12 SUPPLEMENT re #9 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice - Scott M. Pearson; Declaration of Counsel; Exhibit "A"; [proposed] Order Granting Motion to Appear Pro Hac Vice Filing fee $ 300, receipt number 0975-2132430. filed by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. by Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. Supplemental Declaration of Counsel - Scott Pearson. (Monlux, Nicholas) |
| Filing 11 EO: On 12/19/18 Attorneys Taylor Steinbacher and Scott Pearson filed Motions to Appear Pro Hac Vice ("Motions"). Both Motions are incomplete as to questions 1 and 4. Counsel should provide their office address for question 1 and indicate yes or no for question 4. Counsel is given until 12/28/18 to file a supplemental declaration fully answering questions 1 and 4. re #9 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice - Scott M. Pearson; Declaration of Counsel; Exhibit "A"; [proposed] Order Granting Motion to Appear Pro Hac Vice Filing fee $ 300, receipt number 0975-2132430., #10 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice - Taylor Steinbacher; Declaration of Counsel; [proposed] Order Granting Motion to Appear Pro Hac Vice Filing fee $ 300, receipt number 0975-2132442.. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 10 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice - Taylor Steinbacher; Declaration of Counsel; [proposed] Order Granting Motion to Appear Pro Hac Vice Filing fee $ 300, receipt number 0975-2132442.Nicholas R. Monlux appearing for Defendants Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. (Attachments: #1 Declaration Declaration of Counsel, #2 Main Document Order Granting Motion to Appear Pro Hac Vice)(Monlux, Nicholas) |
| Filing 9 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice - Scott M. Pearson; Declaration of Counsel; Exhibit "A"; [proposed] Order Granting Motion to Appear Pro Hac Vice Filing fee $ 300, receipt number 0975-2132430.Nicholas R. Monlux appearing for Defendants Starwood Hotels & Resorts Worldwide, LLC, Vistana Vacation Ownership, Inc. (Attachments: #1 Declaration Declaration of Counsel - Scott M. Pearson, #2 Exhibit Exhibit A, #3 Main Document Order Granting Motion to Appear Pro Hac Vice)(Monlux, Nicholas) |
Filing 8
ORDER Denying Motion For Permission For Electronic Case Filing re #5 . Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 12/4/2018. (cib, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| COURT'S CERTIFICATE of Service - a copy of #8 has been served by First Class Mail to the addresses of record on Keicy Chung. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib, ) |
| Filing 7 SUMMONS Returned Executed as to Starwood Hotels & Resorts Worldwide, LLC on 11/30/2018 filed by Keicy Chung. (cib, ) |
| Filing 6 SUMMONS Returned Executed as to Vistana Vacation Ownership, Inc. served on 11/30/2018 filed by Keicy Chung. (cib, ) |
| Filing 5 MOTION For Permission For Electronic Case Filing by Plaintiff Keicy Chung. (jo) |
| Filing 4 CIVIL Waiver of Service Packet ~ Notice To Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of Summons #2 Waiver of the Service of Summons) (jo) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participant (Plaintiff) was served with these documents in person on the date of filing |
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Filing 3
Order Setting Rule 16 Scheduling Conference for 09:00AM on 1/28/2019 before MAGISTRATE JUDGE KEVIN S.C. CHANG. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/29/2018. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statement) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (jo)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participant (Plaintiff) was served with these documents in person on the date of filing
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| Filing 2 Summons Issued as to Defendants Vistana Vacation Ownership, Inc. and Startwood Hotels & Resorts Worldwide, LLC. (jo) |
| Filing 1 COMPLAINT FOR VIOLATIONS OF HAWAII REVISED STATUTES 2006 CHAPTER 514E (TIME SHARING PLANS); EXHIBITS A-G against Vistana Vacation Ownership, Inc. and Starwood Hotels & Resorts Worldwide, LLC filed by Plaintiff Keicy Chung. (Filing Fee $400.00 receipt number HI025306) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (jo) |
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