Diamond Resorts Holdings, LLC v. Diamond View Social House, LLC et al
Diamond Resorts Holdings, LLC, a Nevada limited liability company and Diamond Resorts Holdings, LLC |
Diamond View Social House, LLC, Resort Installation Systems, Inc., Show Me Sunshine Properties LLC, Brenda K Shaver, Geoffrey L Shaver, Last Resort Fee L.L.C. and Jeffrey H Shaver |
6:2017cv03208 |
July 14, 2017 |
US District Court for the Western District of Missouri |
Springfield Office |
Andrew |
Robert E Larsen |
Beth Phillips |
Trademark |
15 U.S.C. § 1121 |
Defendant |
Docket Report
This docket was last retrieved on April 15, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 193 CERTIFIED MAIL RETURNED as undeliverable. Mail sent to Jeffrey Heith Shaver (Order granting Default Judgment and Clerk's Judgment, (Related document(s) #188 , #187 ) returned undelivered. (Cordell, Annette) |
Filing 192 MAIL RETURNED as undeliverable. Regular US Mail sent to Last Resort Fee, LLC, (Related document(s) #188 , #187 ) returned undeliverable. (Cordell, Annette) |
Filing 191 CERTIFIED MAIL RETURNED as undeliverable. Certified Mail sent to Last Resort Fee, LLC. ((Related document(s) #188 , #187 ) returned undeliverable. (Cordell, Annette) |
Filing 190 CERTIFIED MAIL RETURNED as undeliverable. Mail sent to Last Resort Fee, LLC, Order Granting Plaintiff's Motion for Default Judgment and Clerk's Judgment, (Related document(s) #188 , #187 ). (Cordell, Annette) Modified on 3/27/2019: Document deleted as the wrong document was attached to this Certified Mail returned entry. The returned mail to Last Resort Fee, LLC was physically received by the Court but the paper documents were discarded. Documents 187 and 188 were mailed a second time by the Court to Last Resort Fee, LLC, 100 Fall Creek Drive, Branson, MO 65616, via certified US Mail (return receipt 7015 0640 0000 9979 6207) on 3/27/19.(Cordell, Annette). |
Filing 189 MAIL RETURNED as undeliverable. Mail sent to Last Resort Fee, LLC, Order Granting Plaintiff's Motion for Default Judgment and Clerk's Judgment (Related document(s) #188 , #187 ), returned undeliverable. (Cordell, Annette) Modified on 3/27/2019: Document deleted as the wrong document was attached to this Mail returned entry. The returned mail to Last Resort Fee, LLC was physically received by the Court but the paper documents were discarded. Documents 187 and 188 were mailed a second time by the Court to Last Resort Fee, LLC, 100 Fall Creek Drive, Branson, MO 65616, via regular US Mail on 3/27/19. (Cordell, Annette). |
Filing 188 CLERK'S JUDGMENT (McIlvain, Kelly) Modified on 3/18/2019: A copy of this Clerk's Judgment, Doc. 188, along with Order, Doc. 187, were mailed via regular and certified US Mail on 3/18/19 to: Jeffrey Heith Shaver, 1440 East Lark, Suite E & F, Springfield, MO 65807 (cert mail receipt no. 7015 0640 0000 9979 5873), and to Last Resort Fee, LLC, 100 Fall Creek Drive, Branson, MO 65616 (cert mail receipt no. 7015 0640 0000 9979 5880), and via email to jhshaver2020@gmail.com. (Cordell, Annette). |
Filing 187 ORDER granting #180 - the Court GRANTS Plaintiffs motion for default judgment, damages, and for a permanent injunction. (Doc. 180.) Signed on 3/18/2019 by Chief District Judge Beth Phillips. (McIlvain, Kelly) Modified on 3/18/2019: A copy of this Order, Doc. 187, along with the Clerk's Judgment , Doc. 188, was mailed via regular and certified US Mail on 3/18/19 to: Jeffrey Heith Shaver, 1440 East Lark, Suite E & F, Springfield, MO 65807 (cert mail receipt no. 7015 0640 0000 9979 5873), and to Last Resort Fee, LLC, 100 Fall Creek Drive, Branson, MO 65616 (cert mail receipt no. 7015 0640 0000 9979 5880), and via email to jhshaver2020@gmail.com. (Cordell, Annette). |
Filing 186 CERTIFIED MAIL RETURNED as undeliverable. Mail sent to Jeffrey Heith Shaver (Order Striking Pleadings and Finding Defendants Last Resort Fee LLC and Jeffrey H. Shaver in Default, (Related document(s) #179 ) returned unclaimed/unable to forward. (Cordell, Annette) |
Filing 185 MAIL RETURNED as undeliverable. Mail sent to Last Resort Fee, LLC (Order Striking Pleadings and Finding Defendants Last Resort Fee, LLC and Jeffrey H. Shaver in Default, Related document(s) #179 ) returned not deliverable.(Cordell, Annette) |
Filing 184 CERTIFIED MAIL RETURNED as undeliverable. Mail sent to Last Resort Fee, LLC (Order Striking Pleadings and Finding Defendants Last Resort Fee, LLC and Jeffrey H. Shaver in Default, Related document(s) #179 ) returned not deliverable. (Cordell, Annette) |
Filing 183 NOTICE (SEALED) by Diamond Resorts Holdings, LLC re 182 Order on Motion to Seal Document, Plaintiff Diamond Resort Holdings LLC's Damages Submission and Request for Permanent Injunction (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bennington, Alfred) |
Filing 182 ORDER granting #181 motion to seal document. Plaintiff may file its Damages Submission and Request for Permanent Injunction with supporting documents under seal. Signed on 2/12/19 by Chief District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (El-Zein, Anna) |
Filing 181 MOTION to seal document #180 MOTION for default judgment and Damages filed by Alfred Joseph Bennington, Jr on behalf of Diamond Resorts Holdings, LLC. Suggestions in opposition/response due by 2/25/2019 unless otherwise directed by the court. (Related document(s) #180 ) (Bennington, Alfred) |
Filing 180 MOTION for default judgment and Damages filed by Alfred Joseph Bennington, Jr on behalf of Diamond Resorts Holdings, LLC. Suggestions in opposition/response due by 2/25/2019 unless otherwise directed by the court. (Attachments: #1 Affidavit Corrine Gaxiola, #2 Exhibit Proposed Injunction)(Bennington, Alfred) |
Filing 179 ORDER STRIKING PLEADINGS AND FINDING DEFENDANTS LAST RESORT FEE, LLC AND JEFFREY H. SHAVER IN DEFAULT. The Court strikes Defendants' pleadings and the Court finds Defendants in default. Plaintiff has seven days to provide the Court with necessary information necessary to establish damages. Once Plaintiff submits this information, the Court will consider Plaintiff's motion for default judgment. Signed on 2/4/19 by Chief District Judge Beth Phillips. A copy of this Order was mailed via regular and certified US Mail on 2/4/19 to 1) Jeffrey Heith Shaver, 1440 East Lark, Ste. E&F, Springfield, MO 65807 (cert mail return receipt no. 7015 0640 0000 9979 5866) and 2) Last Resort Fee, LLC 100 Fall Creek Drive, Branson, MO 65616 (cert mail return receipt no. 7015 0640 0000 9979 5859) and via email to jhshaver2020@gmail.com. (Cordell, Annette) |
Filing 178 MOTION to strike Defenses and for Default Judgment against Defendants Last Resort Fee L.L.C. and Jeffrey H. Shaver and Suggestions in Support filed by Glennys Ortega Rubin on behalf of Diamond Resorts Holdings, LLC. Suggestions in opposition/response due by 1/25/2019 unless otherwise directed by the court. (Rubin, Glennys) |
Filing 177 Clerk's ORDER OF DISMISSAL as to Diamond View Social House, LLC, Show Me Sunshine Properties, LLC, Resort Installation Systems, Inc., Brenda K. Shaver and Geoffrey L. Shaver are dismissed with prejudice, and All counterclaims asserted by Diamond View Social House, LLC, Show Me Sunshine Properties, LLC, Resort Installation Systems, Inc., Brenda K. Shaver and Geoffrey L. Shaver against Diamond Resorts Holdings, LLC are dismissed with prejudice. (McIlvain, Kelly) |
Filing 176 MAIL RETURNED as undeliverable. Mail sent to Last Resort Fee LLC, (Related document(s) #170 ) returned. (Cordell, Annette) |
Filing 175 MAIL RETURNED as undeliverable. Mail sent to Jeffrey Heith Shaver (Related document(s) #170 ) returned. (Cordell, Annette) |
Filing 174 STIPULATION of dismissal Joint Stipulation for Order of Dismissal by Diamond Resorts Holdings, LLC. (Rubin, Glennys) |
Filing 173 CERTIFIED MAIL RETURNED as undeliverable. Mail sent to Last Resort Fee, LLC. (Related document(s) #170 ) (Melvin, Greg) |
Filing 172 CERTIFIED MAIL RETURNED as undeliverable. Mail sent to Jeffrey Heath Shaver. (Related document(s) #170 ) (Melvin, Greg) |
Filing 171 ORDER ISSUING PERMANENT INJUNCTION. On December 13, 2018, Plaintiff, Diamond Resort Holdings, LLC, and Defendants, Diamond View Social House, LLC, Show Me Sunshine Properties, LLC, Resort Installation Systems, Inc., Geoffrey L. Shaver, and Brenda K. Shaver, filed a joint stipulation for entry of a permanent injunction and partial stay. The motion, (Doc. 169), is GRANTED. The case as it relates to the parties indicated in this Order is STAYED for sixty days. The Court issues a permanent injunction. Accordingly, the motions for preliminary injunction (Docs. #90 and #101 are moot. Signed on 12/19/18 by District Judge Beth Phillips. (Cordell, Annette) |
Filing 170 ORDER TO SHOW CAUSE. Defendants Last Resort Fee, LLC, and Jeffrey H. Shaver have not responded to the Court's orders or to Plaintiff's discovery requests. Pursuant to Rule 37(b), Defendants shall have until and including December 28, 2018, to show cause why their pleadings should not be struck and they should not be found in default. Signed on 12/18/18 by District Judge Beth Phillips. A copy of this Order was mailed via regular and certified US Mail on 12/18/18 to: 1)Jeffrey Heith Shaver, 1440 East Lark, Ste E & F, Springfield, MO 65807 (cert return receipt 7006 2760 0000 6393 9943) and 2) Last Resort Fee LLC, 100 Fall Creek Dr., Branson, MO 65616 (cert return receipt 7015 0640 0000 9979 6214) and via email to jhshaver2020@gmail.com. (Cordell, Annette) |
Filing 169 STIPULATION Joint Stipulation For Entry of Stipulated Permanent Injunction Order and Partial Stay by Diamond Resorts Holdings, LLC. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Filing 168 MAIL RETURNED as undeliverable. Mail sent to Jeffrey Heith Shaver/Last Resort Fee at 1440 East Lark, Ste E&F, Springfield, MO 65807 returned "not deliverable as addressed/unable to forward." (Related document(s) 160 ) (Cordell, Annette) |
Filing 167 MAIL RETURNED as undeliverable. Mail sent to Last Resort Fee, LLC, c/o Jeffrey Heith Shaver, 100 Fall Creek Dr., Branson, MO 65616 returned as undeliverable. (Related document(s) 160 ) (Cordell, Annette) |
Filing 166 SUGGESTIONS in support re #165 MOTION to compel Discovery Responses, and Supervised Depositions, and to Extend Scheduling Deadlines filed by Alfred Joseph Bennington, Jr on behalf of Plaintiff Diamond Resorts Holdings, LLC. (Attachments: #1 Exhibit A - Email)(Related document(s) #165 ) (Bennington, Alfred) |
Filing 165 MOTION to compel Discovery Responses, and Supervised Depositions, and to Extend Scheduling Deadlines filed by Alfred Joseph Bennington, Jr on behalf of Diamond Resorts Holdings, LLC. Suggestions in opposition/response due by 12/14/2018 unless otherwise directed by the court. (Bennington, Alfred) |
Filing 164 ORDER granting #163 : Plaintiff Diamond Resorts Holdings, LLC's Motion for Substitution of Counsel is GRANTED. Attorney James P. Sanders is terminated from this case and attorneys Oliver H. Thomas and Michael L Jente are added for Plaintiff Diamond Resorts Holdings, LLC. Signed on 11/28/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) |
Filing 163 MOTION to substitute attorney filed by James P. Sanders on behalf of Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, a Nevada limited liability company. Suggestions in opposition/response due by 12/11/2018 unless otherwise directed by the court. (Sanders, James) |
Filing 162 Minute Entry. Proceedings held before District Judge Beth Phillips: TELEPHONE CONFERENCE held on 11/26/2018. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608. (Cordell, Annette) |
Filing 161 STATUS REPORT by Diamond View Social House, LLC. (Challis, John) |
Filing 160 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 11/26/2018 03:30 PM in Chambers before District Judge Beth Phillips. Parties shall call in by dialing (877) 336-1839 and enter access code 4259420. Each participating party shall submit a one page written summary of the issue by noon on 11/20/18 by emailing to opposing counsel/participant and to annette_cordell@mow.uscourts.gov. A copy of this docket text entry Notice of Hearing was emailed to Heith2020@yahoo.com and jhshaver2020@gmail.com, and sent via regular mail to Jeffrey Heith Shaver/Last Resort Fee at 1) 1440 East Lark, Ste E&F, Springfield, MO 65807 and 2) 100 Fall Creek Drive, Branson, MO 65616, all sent on 11/19/18.(Cordell, Annette) |
Filing 159 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC of Notice of Cancellation of Videotaped Deposition of Jeffrey H. Shaver filed by Glennys Ortega Rubin on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Rubin, Glennys) |
Filing 158 MOTION for default judgment Against Defendant Last Resort Fee L.L.C. or, Alternatively, to Set Deadline to Obtain Counsel and Suggestions in Support filed by Glennys Ortega Rubin on behalf of Diamond Resorts Holdings, LLC. Suggestions in opposition/response due by 11/23/2018 unless otherwise directed by the court. (Rubin, Glennys) |
Filing 157 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC of Notice of Cancellation of Videotaped Deposition Duces Tecum of Daryl Schoenfeldt filed by Glennys Ortega Rubin on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Rubin, Glennys) |
Filing 156 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC of Notice of Cancellation of Videotaped Deposition of Last Resort Fee L.L.C., Pursuant to Fed.R.Civ.P. 30(b)(6) filed by Glennys Ortega Rubin on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Rubin, Glennys) |
Filing 155 ORDER. The Court has reviewed the Joint Status Report Regarding Settlement Discussions filed on 10/19/18 by Plaintiff Diamond Resort Holdings, LLC, and Defendants Diamond View Social House, LLC, Show Me Sunshine Properties, LLC, Resort Installation Systems, Inc., Geoffrey L. Shaver, and Brenda K. Shaver are ORDERED to file a joint status report by November 20, 2018. The current Scheduling Order, Doc. 128, remains in effect. Should settlement of this case not occur, the parties are expected to follow the Scheduling Order. Signed on 10/25/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) |
Filing 154 ORDER granting #149 : Attorneys Lisa Elizabeth Cunningham Wente and Kyle Lynn Elliott's Motion to Withdraw as Counsel is GRANTED. Signed on 10/25/18 by District Judge Beth Phillips. (Cordell, Annette) |
Filing 153 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC of Notice of Taking Videotaped Deposition of Defendant, Last Resort Fee L.L.C., Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Daniel J Barsky on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Barsky, Daniel) |
Filing 152 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC of Notice of Taking Videotaped Deposition of Defendant, Jeffrey H. Shaver filed by Daniel J Barsky on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Barsky, Daniel) |
Filing 151 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC of Notice of Taking Videotaped Deposition Duces Tecum of Daryl Schoenfeldt filed by Daniel J Barsky on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Barsky, Daniel) |
Filing 150 STATUS REPORT (Joint) by Diamond Resorts Holdings, LLC. (Rubin, Glennys) |
Filing 149 MOTION to withdraw as attorney filed by Lisa Elizabeth Cunningham Wente on behalf of Last Resort Fee L.L.C., Jeffrey H Shaver. Suggestions in opposition/response due by 10/29/2018 unless otherwise directed by the court. (Cunningham Wente, Lisa) |
Filing 148 CERTIFICATE OF SERVICE by Last Resort Fee L.L.C., Jeffrey H Shaver filed by Lisa Elizabeth Cunningham Wente on behalf of Defendants Last Resort Fee L.L.C., Jeffrey H Shaver.(Cunningham Wente, Lisa) |
Filing 147 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC of Discovery Requests Upon Defendants, Jeffrey H. Shaver and Last Resort Fee L.L.C. filed by Glennys Ortega Rubin on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Rubin, Glennys) |
Filing 146 ORDER. The Court has reviewed the Joint Status Report Regarding Settlement Discussions filed on 9/20/18 by Plaintiff Diamond Resort Holdings, LLC, and Defendants Diamond View Social House, LLC, Show Me Sunshine Properties, LLC, Resort Installation Systems, Inc., Geoffrey L. Shaver, and Brenda K. Shaver are ORDERED to file a joint status report by October 19, 2018. The current Scheduling Order, Doc. 128, remains in effect. Should settlement of this case not occur, the parties are expected to follow the Scheduling Order. Signed on 9/24/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) |
Filing 145 CERTIFICATE OF SERVICE by Last Resort Fee L.L.C., Jeffrey H Shaver (Supplemented production with a privilege log and documents Bates labeled LRF 3041-3050) filed by Lisa Elizabeth Cunningham Wente on behalf of Defendants Last Resort Fee L.L.C., Jeffrey H Shaver.(Cunningham Wente, Lisa) |
Filing 144 STATUS REPORT JOINT, UPDATED SEPTEMBER 20, 2018 by Diamond View Social House, LLC. (Challis, John) |
Filing 143 ORDER re #142 : The Court has reviewed the Joint Status Report Regarding Settlement Discussions filed on 8/20/18. Plaintiff, Diamond Resort Holdings, LLC, and Defendants Diamond View Social House, LLC, Show Me Sunshine Properties, LLC, Resort Installation Systems, Inc., Geoffrey L. Shaver, and Brenda K. Shaver are ORDERED to file a joint status report by September 20, 2018. The current Scheduling Order, Doc. 128, remains in effect. Should settlement of this case not occur, the parties are expected to follow the Scheduling Order. Signed on 8/23/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) |
Filing 142 STATUS REPORT Regarding Settlement Discussions by Diamond Resorts Holdings, LLC. (Rubin, Glennys) |
Filing 141 NOTICE of filing Notice of Unavailability (for Alfred J. Benningon, Jr.) by Diamond Resorts Holdings, LLC(a Nevada limited liability company), Diamond Resorts Holdings, LLC, a Nevada limited liability company (Bennington, Alfred) |
Filing 140 ORDER. The Court has reviewed the Joint Status Report filed on 7/20/18. Plaintiff Diamond Resort Holdings, LLC, and Defendants Diamond View Social House, LLC, Show Me Sunshine Properties, LLC, Resort Installation Systems, Inc., Geoffrey L. Shaver, and Brenda K. Shaver are ORDERED to file a joint status report by August 20, 2018. Signed on 7/20/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) |
Filing 139 REPLY SUGGESTIONS to motion re #90 MOTION for preliminary injunction filed by Daniel J Barsky on behalf of Plaintiff Diamond Resorts Holdings, LLC. (Related document(s) #90 ) (Barsky, Daniel) |
Filing 138 REPLY SUGGESTIONS to motion re #101 MOTION for preliminary injunction regarding moving of documents and discovery materials filed by Daniel J Barsky on behalf of Plaintiff Diamond Resorts Holdings, LLC. (Related document(s) #101 ) (Barsky, Daniel) |
Filing 137 STATUS REPORT Regarding Settlement Discussions by Diamond Resorts Holdings, LLC. (Rubin, Glennys) |
Filing 136 ORDER. The Court has reviewed the Joint Status Report filed on 7/3/18. Plaintiff Diamond Resort Holdings, LLC, and Defendants Diamond View Social House, LLC, Show Me Sunshine Properties, LLC, Resort Installation Systems, Inc., Geoffrey L. Shaver, and Brenda K. Shaver are ORDERED to file a joint status report by July 20, 2018. Signed on 7/5/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) |
Filing 135 STATUS REPORT JOINT by Diamond View Social House, LLC. (Challis, John) |
Filing 134 CERTIFICATE OF SERVICE by Last Resort Fee L.L.C., Jeffrey H Shaver filed by Lisa Elizabeth Cunningham Wente on behalf of Defendants Last Resort Fee L.L.C., Jeffrey H Shaver.(Cunningham Wente, Lisa) |
Filing 133 CERTIFICATE OF SERVICE by Last Resort Fee L.L.C., Jeffrey H Shaver filed by Lisa Elizabeth Cunningham Wente on behalf of Defendants Last Resort Fee L.L.C., Jeffrey H Shaver.(Cunningham Wente, Lisa) |
Filing 132 SUGGESTIONS in opposition re #101 MOTION for preliminary injunction regarding moving of documents and discovery materials filed by Lisa Elizabeth Cunningham Wente on behalf of Defendants Last Resort Fee L.L.C., Jeffrey H Shaver. Reply suggestions due by 7/13/2018 unless otherwise directed by the court. (Related document(s) #101 ) (Cunningham Wente, Lisa) |
Filing 131 SUGGESTIONS in opposition re #90 MOTION for preliminary injunction filed by Lisa Elizabeth Cunningham Wente on behalf of Defendants Last Resort Fee L.L.C., Jeffrey H Shaver. Reply suggestions due by 7/13/2018 unless otherwise directed by the court. (Related document(s) #90 ) (Cunningham Wente, Lisa) |
Filing 130 ORDER granting #129 : The Agreed Motion for Revised Discovery and Briefing Schedule filed by Defendants Last Resort Fee, LLC, and Jeffrey H. Shaver is GRANTED. The deadlines for Defendants Last Resort Fee and Jeffrey Shaver are as follows: Discovery to begin on June 29, 2018, and said Defendants shall provide amended responses to Plaintiff's discovery requests on that date. Discovery to end on July 13, 2018. Defendants shall file amended and/or supplemental briefing in opposition to Plaintiff's motions for injunctive relief. Plaintiff's reply to Defendants' supplemental/amended briefing in opposition is due July 20, 2018. Signed on 6/27/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached.(Cordell, Annette) |
Filing 129 MOTION for discovery (Agreed Motion for Revised Discovery and Briefing Schedule) filed by Lisa Elizabeth Cunningham Wente on behalf of Last Resort Fee L.L.C., Jeffrey H Shaver. Suggestions in opposition/response due by 7/9/2018 unless otherwise directed by the court. (Cunningham Wente, Lisa) |
Filing 128 AMENDED SCHEDULING ORDER: Discovery due by 2/4/2019. Dispositive Motions due by 3/6/2019. Teleconference set for 7/12/2019, 1:30 PM. Pretrial Conference set for 7/26/2019, 1:30 PM. Jury Trial set for 8/5/2019, 8:30 AM in Courtroom 2, Springfield (VJC) before District Judge Beth Phillips. Signed on 6/14/18 by District Judge Beth Phillips. (Cordell, Annette) |
Filing 127 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC of Notice of Cancellation of Videotaped Deposition of Diamond View Social House, LLC Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Glennys Ortega Rubin on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Rubin, Glennys) |
Filing 126 ORDER granting #124 : The Motion to Withdraw John T. Walsh as counsel for Plaintiff is GRANTED. Signed on 6/11/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached.(Cordell, Annette) |
Filing 125 ORDER granting #96 and #123 The Motion for Substitution of Counsel (Doc. 123) is GRANTED. Kyle L. Elliot is entered as attorney for Defendants Last Resort Fee LLC and Jeffrey Shaver. Attorney Trenton K. Bond is withdrawn as counsel for Defendants Last Resort Fee LLC and Jeffrey Shaver granting his Motion, Doc. 96. Signed on 6/11/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached.(Cordell, Annette) |
Filing 124 MOTION to withdraw as attorney John T. Walsh filed by James P. Sanders on behalf of Diamond Resorts Holdings, LLC. Suggestions in opposition/response due by 6/25/2018 unless otherwise directed by the court. (Attorney James P. Sanders added to party Diamond Resorts Holdings, LLC(pty:pla))(Sanders, James) |
Filing 123 MOTION to substitute attorney filed by Lisa Elizabeth Cunningham Wente on behalf of Last Resort Fee L.L.C., Jeffrey H Shaver. Suggestions in opposition/response due by 6/22/2018 unless otherwise directed by the court. (Attorney Lisa Elizabeth Cunningham Wente added to party Last Resort Fee L.L.C.(pty:dft), Attorney Lisa Elizabeth Cunningham Wente added to party Jeffrey H Shaver(pty:dft))(Cunningham Wente, Lisa) |
Filing 122 Minute Entry. Proceedings held before District Judge Beth Phillips: TELEPHONE CONFERENCE held on 6/6/2018. To order a transcript of this hearing please contact Barbara Barnard, 816-512-5622. (Cordell, Annette) |
Filing 121 REPLY SUGGESTIONS to motion re #101 MOTION for preliminary injunction regarding moving of documents and discovery materials filed by Daniel J Barsky on behalf of Counter Defendants Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, a Nevada limited liability company, Plaintiff Diamond Resorts Holdings, LLC. (Related document(s) #101 ) (Barsky, Daniel) |
Filing 120 REPLY SUGGESTIONS to motion re #90 MOTION for preliminary injunction filed by Alfred Joseph Bennington, Jr on behalf of Plaintiff Diamond Resorts Holdings, LLC. (Related document(s) #90 ) (Bennington, Alfred) |
Filing 119 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 6/6/2018, 3:00 PM before District Judge Beth Phillips. Parties shall call in by dialing (877) 336-1839 and enter access code 4259420. (Cordell, Annette) |
Filing 118 CERTIFICATE OF SERVICE by All Plaintiffs of Notice of Video Deposition to Diamond View Social House, LLC filed by Alfred Joseph Bennington, Jr on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Bennington, Alfred) |
Filing 117 CERTIFICATE OF SERVICE by All Plaintiffs of Second Request for Production of Documents to Defendant, Geoffrey L. Shaver filed by Alfred Joseph Bennington, Jr on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Bennington, Alfred) |
Filing 116 CERTIFICATE OF SERVICE by All Plaintiffs of Second Request for Production of Documents to Defendant, Brenda K. Shaver filed by Alfred Joseph Bennington, Jr on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Bennington, Alfred) |
Filing 115 CERTIFICATE OF SERVICE by All Plaintiffs of Second Request for Production of Documents to Defendant, Jeffrey H. Shaver filed by Alfred Joseph Bennington, Jr on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Bennington, Alfred) |
Filing 114 CERTIFICATE OF SERVICE by All Plaintiffs of Second Request for Production of Documents to Defendant, Show Me Sunshine Properties LLC filed by Alfred Joseph Bennington, Jr on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Bennington, Alfred) |
Filing 113 CERTIFICATE OF SERVICE by All Plaintiffs of Second Request for Production of Documents to Defendant, Diamond View Social House, LLC filed by Alfred Joseph Bennington, Jr on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Bennington, Alfred) |
Filing 112 CERTIFICATE OF SERVICE by All Plaintiffs of Second Request for Production of Documents to Defendant, Resort Installation Systems, Inc. filed by Alfred Joseph Bennington, Jr on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Bennington, Alfred) |
Filing 111 CERTIFICATE OF SERVICE by All Plaintiffs of Second Request for Production of Documents to Last Resort Fee, L.L.C. filed by Alfred Joseph Bennington, Jr on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Bennington, Alfred) |
Filing 110 SUGGESTIONS in support re #109 MOTION for extension of time of Scheduling Order filed by Daniel J Barsky on behalf of Counter Defendants Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, a Nevada limited liability company, Plaintiff Diamond Resorts Holdings, LLC. (Attachments: #1 Exhibit Composite 1, #2 Exhibit Composite 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #109 ) (Barsky, Daniel) |
Filing 109 MOTION for extension of time of Scheduling Order filed by Daniel J Barsky on behalf of Diamond Resorts Holdings, LLC(a Nevada limited liability company), Diamond Resorts Holdings, LLC, a Nevada limited liability company. Suggestions in opposition/response due by 6/13/2018 unless otherwise directed by the court. (Barsky, Daniel) |
Filing 108 STATUS REPORT Regarding Settlement Discussions by Diamond Resorts Holdings, LLC(a Nevada limited liability company), Diamond Resorts Holdings, LLC, a Nevada limited liability company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barsky, Daniel) |
Filing 107 STATUS REPORT as to Settlement by Diamond View Social House, LLC. (Attachments: #1 Exhibit A - Settlement Terms, #2 Exhibit B - Notice of Settlement, #3 Exhibit C - Settlement Correspondence, #4 Exhibit D - Settlement Correspondence, #5 Exhibit E - Draft Formal Settlement Agreement, #6 Exhibit F - E - Revised Formal Settlement Agreement)(Challis, John) |
Filing 106 SUGGESTIONS in opposition re #90 MOTION for preliminary injunction filed by Trenton K. Bond on behalf of Defendant Resort Installation Systems, Inc.. Reply suggestions due by 6/4/2018 unless otherwise directed by the court. (Related document(s) #90 ) (Bond, Trenton) |
Filing 105 SUGGESTIONS in opposition re #101 MOTION for preliminary injunction regarding moving of documents and discovery materials filed by Trenton K. Bond on behalf of Defendant Resort Installation Systems, Inc.. Reply suggestions due by 6/4/2018 unless otherwise directed by the court. (Related document(s) #101 ) (Bond, Trenton) |
Filing 104 Minute Entry. Proceedings held before District Judge Beth Phillips: TELEPHONE CONFERENCE held on 5/11/2018. The Court ORDERS as follows: Opposition to the Motion for Preliminary Injunction (Doc. 90) is due May 21, 2018. Opposition to the Motion for Emergency Preliminary Injunction regarding the moving of documents and discovery materials (Doc. 101) is due May 21, 2018. Defendants Last Resort Fee, LLC and Jeffrey H. Shaver have until May 16, 2018 to have new counsel enter their appearance, as ORDERED by District Judge Beth Phillips on 5/11/18. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608. (Cordell, Annette) |
Filing 103 RESPONSE to motion re #96 MOTION to withdraw as attorney filed by Glennys Ortega Rubin on behalf of Plaintiff Diamond Resorts Holdings, LLC. Reply suggestions due by 5/23/2018 unless otherwise directed by the court. (Rubin, Glennys) |
Filing 102 SUGGESTIONS in support re #101 MOTION for preliminary injunction regarding moving of documents and discovery materials on emergency basis filed by Daniel J Barsky on behalf of Counter Defendants Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, a Nevada limited liability company, Plaintiff Diamond Resorts Holdings, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #101 ) (Barsky, Daniel) |
Filing 101 MOTION for preliminary injunction regarding moving of documents and discovery materials filed by Daniel J Barsky on behalf of Diamond Resorts Holdings, LLC(a Nevada limited liability company), Diamond Resorts Holdings, LLC, a Nevada limited liability company. Suggestions in opposition/response due by 5/14/2018 unless otherwise directed by the court. (Barsky, Daniel) |
Filing 100 ORDER. The Court has reviewed the Notice of Settlement between Plaintiff and Defendant Diamond View Social House, LLC (Doc. 99). The parties involved in this Settlement are ORDERED To file either dismissal paperwork or a joint status report by May 30, 2018. Signed on 4/30/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached. (Cordell, Annette) |
Filing 99 NOTICE of settlement Notice of Partial Settlement between Plaintiff and Defendant Diamond View Social House by Diamond View Social House, LLC (Challis, John) |
Filing 98 ORDER. Defendants Last Resort, LLC, Show Me Sunshine Properties, LLC, Resort Installation Systems, Inc., Jeffrey H. Shaver, Brenda K. Shaver, and Geoffrey L. Shaver's Motion for Enlargement of Time to file a response to Plaintiff's Motion for Preliminary Injunction (Doc. 90) is granted in part. Defendants have up to and including May 18, 2018 to file a response. Any additional requests for further extensions of time can be addressed during the teleconference on May 11, 2018. Plaintiff's request for an emergency restraining order included in their Suggestions in Opposition (Doc. 95) to Defendants' motion for extension is not properly before the Court.Signed on 4/27/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached.(Cordell, Annette) |
Filing 97 SUGGESTIONS in support re #92 MOTION for extension of time to file response/reply and Suggestions in Support Thereof filed by Trenton K. Bond on behalf of Defendant Show Me Sunshine Properties LLC. (Related document(s) #92 ) (Bond, Trenton) |
Filing 96 MOTION to withdraw as attorney filed by Trenton K. Bond on behalf of Last Resort Fee L.L.C.. Suggestions in opposition/response due by 5/9/2018 unless otherwise directed by the court. (Bond, Trenton) |
Filing 95 SUGGESTIONS in opposition re #92 MOTION for extension of time to file response/reply and Suggestions in Support Thereof and Cross-Motion for Emergency Restraining Order and Suggestions in Support Thereof filed by Daniel J Barsky on behalf of Counter Defendants Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, a Nevada limited liability company, Plaintiff Diamond Resorts Holdings, LLC. Reply suggestions due by 5/8/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Related document(s) #92 ) (Barsky, Daniel) |
Filing 94 NOTICE of appearance by James P. Sanders on behalf of Diamond Resorts Holdings, LLC, a Nevada limited liability company (Attorney James P. Sanders added to party Diamond Resorts Holdings, LLC, a Nevada limited liability company(pty:cd))(Sanders, James) |
Filing 93 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 5/11/2018, 2:30 PM, before District Judge Beth Phillips. Parties shall call in by dialing (877) 336-1839 and enter access code 4259420. Each participating party will need to submit a one page summary of the discovery issue(s) by 2:30 PM on 5/9/18 by emailing to opposing counsel and to the Court via annette_cordell@mow.uscourts.gov (Cordell, Annette) |
Filing 92 MOTION for extension of time to file response/reply and Suggestions in Support Thereof filed by Trenton K. Bond on behalf of Last Resort Fee L.L.C.. Suggestions in opposition/response due by 5/7/2018 unless otherwise directed by the court. (Bond, Trenton) |
Filing 91 SUGGESTIONS in support re #90 MOTION for preliminary injunction filed by Daniel J Barsky on behalf of Counter Defendants Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, a Nevada limited liability company, Plaintiff Diamond Resorts Holdings, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #90 ) (Barsky, Daniel) |
Filing 90 MOTION for preliminary injunction filed by Daniel J Barsky on behalf of Diamond Resorts Holdings, LLC(a Nevada limited liability company), Diamond Resorts Holdings, LLC, a Nevada limited liability company. Suggestions in opposition/response due by 4/25/2018 unless otherwise directed by the court. (Barsky, Daniel) |
Filing 89 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC(a Nevada limited liability company), Diamond Resorts Holdings, LLC, a Nevada limited liability company of Discovery Responses filed by Daniel J Barsky on behalf of Counter Defendants Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, a Nevada limited liability company, Plaintiff Diamond Resorts Holdings, LLC.(Barsky, Daniel) |
Filing 88 CERTIFICATE OF SERVICE by Last Resort Fee L.L.C. filed by Trenton K. Bond on behalf of Defendant Last Resort Fee L.L.C..(Bond, Trenton) |
Filing 87 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC OF FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR PRODUCTION OF DOCUMENTS, AND FIRST REQUEST FOR ADMISSIONS TO DEFENDANT, DIAMOND VIEW SOCIAL HOUSE, LLC filed by Daniel J Barsky on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Barsky, Daniel) |
Filing 86 REPLY to answer and Affirmative Defenses to Plaintiff's Amended Complaint and Counterclaims filed by Daniel J Barsky on behalf of Counter Defendants Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, a Nevada limited liability company, Plaintiff Diamond Resorts Holdings, LLC. (Related document(s) #81 ) (Barsky, Daniel) |
Filing 85 REPLY to answer , Affirmative Defenses and Counterclaim to Plaintiff's First Amended Complaint filed by Daniel J Barsky on behalf of Counter Defendants Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, Diamond Resorts Holdings, LLC, a Nevada limited liability company, Plaintiff Diamond Resorts Holdings, LLC. (Related document(s) #80 ) (Barsky, Daniel) |
Filing 84 CERTIFICATE OF SERVICE by Last Resort Fee L.L.C., Resort Installation Systems, Inc., Brenda K Shaver, Geoffrey L Shaver, Jeffrey H Shaver, Show Me Sunshine Properties LLC filed by Trenton K. Bond on behalf of Defendants Last Resort Fee L.L.C., Resort Installation Systems, Inc., Brenda K Shaver, Geoffrey L Shaver, Jeffrey H Shaver, Show Me Sunshine Properties LLC, Counter Claimants Resort Installation Systems, Inc., Show Me Sunshine Properties LLC.(Bond, Trenton) |
Filing 83 DESIGNATION of Expert Witness and Disclosure by Diamond Resorts Holdings, LLC filed by John T. Walsh on behalf of Plaintiff Diamond Resorts Holdings, LLC. (Attachments: #1 Exhibit A - Morelock Qualifications)(Walsh, John) |
Filing 82 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC of First Request for Admissions and First Set of Interrogatories to Defendant, Last Resort Fee L.L.C. filed by Daniel J Barsky on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Barsky, Daniel) |
Filing 81 ANSWER to #77 Amended Complaint, and Affirmative Defenses and, COUNTERCLAIM against Diamond Resorts Holdings, LLC on behalf of Diamond View Social House, LLC.(Challis, John) |
Filing 80 Certain Defendants' ANSWER to #77 Amended Complaint, , COUNTERCLAIM against Diamond Resorts Holdings, LLC on behalf of Last Resort Fee L.L.C..(Bond, Trenton) |
Filing 79 ANSWER to Counterclaim , Affirmative Defenses, and Reply to Affirmative Defenses on behalf of Diamond Resorts Holdings, LLC.(Barsky, Daniel) |
Filing 78 Certain Defendants' Second Amended ANSWER to Complaint Affirmative Defenses and, COUNTERCLAIM to Plaintiff's Complaint against Diamond Resorts Holdings, LLC on behalf of Last Resort Fee L.L.C..(Bond, Trenton) |
Filing 77 AMENDED COMPLAINT and Request for Injunctive Relief against All Defendants filed by Daniel J Barsky on behalf of Diamond Resorts Holdings, LLC. (Attachments: #1 Composite Exhibit 1, #2 Exhibit 2, #3 Composite Exhibit 3, #4 Composite Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Barsky, Daniel) |
Filing 76 ORDER granting #74 : Plaintiff's Motion to File and Amended Complaint is GRANTED. Plaintiff shall electronically file the Amended Complaint as presented in Exhibit 1 of their Motion. Signed on 2/1/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached.(Cordell, Annette) |
Filing 75 ORDER granting #73 : Defendants Last Resort Fee, LLC, Show Me Properties, LLC, and Resort Installation Systems, Inc.'s Motion to File Second Amended Answer, Affirmative Defenses and Counterclaim is GRANTED. Defendants shall electronically file the Second Amended Answer as presented in Exhibit A of their Motion. Signed on 2/1/18 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached.(Cordell, Annette) |
Filing 74 First MOTION to amend/correct #1 Complaint, and Incorporated Suggestions in Support Thereof filed by Daniel J Barsky on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/13/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit 1 - Proposed Amended Complaint)(Related document(s) #1 ) (Barsky, Daniel) |
Filing 73 MOTION for leave to file Second Amended Answer, Affirmative Defenses and Counterclaim filed by Trenton K. Bond on behalf of Last Resort Fee L.L.C.. Suggestions in opposition/response due by 2/13/2018 unless otherwise directed by the court. (Bond, Trenton) |
Filing 72 ANSWER to Counterclaim , Affirmative Defenses, and Reply to Affirmative Defenses on behalf of Diamond Resorts Holdings, LLC.(Barsky, Daniel) |
Filing 71 ANSWER to Counterclaim , Affirmative Defenses, and Reply to Affirmative Defenses on behalf of Diamond Resorts Holdings, LLC.(Barsky, Daniel) |
Filing 70 ACKNOWLEDGEMENT OF SERVICE executed Acknowledgement filed by Diamond View Social House, LLC. (Challis, John) |
Filing 69 Certain Defendants' Amended ANSWER to #1 Complaint, , COUNTERCLAIM against Diamond Resorts Holdings, LLC on behalf of Last Resort Fee L.L.C..(Bond, Trenton) |
Filing 68 Amended ANSWER to #1 Complaint, and Affirmative Defenses and, COUNTERCLAIM against Diamond Resorts Holdings, LLC on behalf of Diamond View Social House, LLC.(Challis, John) |
Filing 67 ORDER. Defendant Diamond View Social House's Unopposed Motion for Leave to Amend its Answer and Affirmative Defenses and Counterclaim (Doc. #62 ) AND Defendants Last Resort Fee, LLC, Show Me Sunshine Properties, LLC, Resort Installation Systems, Inc., Geoffrey Shaver, Brenda Shaver and Jeffrey Shaver's Motion for Leave to Amend their Answer and Affirmative Defenses and Counterclaim (Doc. #63 ) are both GRANTED. Accordingly, Diamond Resorts Holdings, LLC's Motion to Dismiss (Doc. #53 ) and Motions to Strike (Docs. #54 and #55 ) are moot. Signed on 12/18/17 by District Judge Beth Phillips.This is a TEXT ONLY ENTRY. No document is attached.(Cordell, Annette) |
Filing 66 STATUS REPORT of Mediation by Diamond Resorts Holdings, LLC. (Walsh, John) |
Filing 65 SUGGESTIONS in opposition re #55 MOTION to strike #48 Answer to Complaint, Counterclaim Affirmative Defenses Only, #53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim filed by Certain Defendants (ECF No. 48) filed by Trenton K. Bond on behalf of Defendant Last Resort Fee L.L.C.. Reply suggestions due by 12/19/2017 unless otherwise directed by the court. (Related document(s) #55 , #53 ) (Bond, Trenton) |
Filing 64 SUGGESTIONS in opposition re #54 MOTION to strike #47 Answer to Complaint, Counterclaim Affirmative Defenses Only filed by John M Challis on behalf of Defendant Diamond View Social House, LLC. Reply suggestions due by 12/19/2017 unless otherwise directed by the court. (Related document(s) #54 ) (Challis, John) |
Filing 63 MOTION for leave to file Amend Their Answer and Affirmative Defenses and Counterclaim filed by Trenton K. Bond on behalf of Last Resort Fee L.L.C.. Suggestions in opposition/response due by 12/19/2017 unless otherwise directed by the court. (Bond, Trenton) |
Filing 62 MOTION to amend/correct #47 Answer to Complaint, Counterclaim and Affirmative Defenses and Counterclaim filed by John M Challis on behalf of Diamond View Social House, LLC. Suggestions in opposition/response due by 12/15/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #47 ) (Challis, John) |
Filing 61 ORDER denying #60 : Defendants' Motion for Enlargement of Time to Respond to Plaintiff's First Request for Production of Documents is DENIED. Pursuant to Local Rule 37.1 and the parties' Scheduling Order, the Court shall set a teleconference to regarding this issue. Parties have been contacted by email to set a date/time for the teleconference. Signed on 11/28/17 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached.(Cordell, Annette) Modified on 12/4/2017: Parties indicate that the issue(s) have been resolved and a teleconference is not needed.(Cordell, Annette). |
Filing 60 MOTION for extension of time to complete discovery filed by Trenton K. Bond on behalf of Last Resort Fee L.L.C., Resort Installation Systems, Inc., Brenda K Shaver, Geoffrey L Shaver, Jeffrey H Shaver, Show Me Sunshine Properties LLC. Suggestions in opposition/response due by 12/11/2017 unless otherwise directed by the court. (Bond, Trenton) |
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 11/22/2017 as Document No. 59, Motion for Extension of Time. The document has been deleted per Administrative Procedures wherein it is stated proposed orders should not contain a signature line for the presiding judge. This is a text entry only - no document is attached. (Schroeppel, Kerry) |
Filing 59 MOTION for extension of time to complete discovery filed by Trenton K. Bond on behalf of Last Resort Fee L.L.C., Resort Installation Systems, Inc., Brenda K Shaver, Geoffrey L Shaver, Jeffrey H Shaver, Show Me Sunshine Properties LLC. Suggestions in opposition/response due by 12/6/2017 unless otherwise directed by the court. (Bond, Trenton) |
Filing 58 ORDER granting #57 : Defendants' Consent Motion for Additional Time to Respond to Plaintiff's Motions is GRANTED. Defendants have up to and including December 5, 2017 to respond to Plaintiff's Motion to Dismiss Counterclaims (Doc. 53); Plaintiff's Motion to Strike Certain Affirmative Defenses (Doc. 54) and Plaintiff's Motion to Strike Certain Affirmative Defenses (Doc. 55). Signed on 11/17/17 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached.(Cordell, Annette) |
Filing 57 Consent MOTION for extension of time to file response/reply as to #55 MOTION to strike #48 Answer to Complaint, Counterclaim Affirmative Defenses Only, #54 MOTION to strike #47 Answer to Complaint, Counterclaim Affirmative Defenses Only, #53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim filed by Certain Defendants (ECF No. 48) filed by John M Challis on behalf of Diamond View Social House, LLC. Suggestions in opposition/response due by 11/30/2017 unless otherwise directed by the court. (Related document(s) #55 , #54 , #53 ) (Challis, John) |
Filing 56 Plaintiff/Counter-Defendant's ANSWER to Counterclaim by Diamond View Social House on behalf of Diamond Resorts Holdings, LLC(a Nevada limited liability company).(Barsky, Daniel) |
Filing 55 MOTION to strike #48 Answer to Complaint, Counterclaim Affirmative Defenses Only filed by Daniel J Barsky on behalf of Diamond Resorts Holdings, LLC(a Nevada limited liability company). Suggestions in opposition/response due by 11/20/2017 unless otherwise directed by the court. (Related document(s) #48 ) (Barsky, Daniel) |
Filing 54 MOTION to strike #47 Answer to Complaint, Counterclaim Affirmative Defenses Only filed by Daniel J Barsky on behalf of Diamond Resorts Holdings, LLC(a Nevada limited liability company). Suggestions in opposition/response due by 11/20/2017 unless otherwise directed by the court. (Related document(s) #47 ) (Barsky, Daniel) |
Filing 53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaim filed by Certain Defendants (ECF No. 48) filed by Daniel J Barsky on behalf of Diamond Resorts Holdings, LLC(a Nevada limited liability company). Suggestions in opposition/response due by 11/20/2017 unless otherwise directed by the court. (Barsky, Daniel) |
Filing 52 CERTIFICATE OF SERVICE by Diamond Resorts Holdings, LLC OF FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS, LAST RESORT FEE, L.L.C., SHOW ME SUNSHINE PROPERTIES, LLC, RESORT INSTALLATION SYSTEMS, INC., JEFFREY H. SHAVER, BRENDA K. SHAVER, AND GEOFFREY L. SHAVER filed by Glennys Ortega Rubin on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Rubin, Glennys) |
Filing 51 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Trenton K. Bond on behalf of Defendant Last Resort Fee L.L.C..(Bond, Trenton) |
Filing 50 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by John M Challis on behalf of Defendant Diamond View Social House, LLC, Counter Claimant Diamond View Social House, LLC.(Challis, John) |
Filing 49 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Glennys Ortega Rubin on behalf of Plaintiff Diamond Resorts Holdings, LLC.(Rubin, Glennys) |
NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) |
Filing 48 ANSWER to #1 Complaint, , COUNTERCLAIM against Diamond Resorts Holdings, LLC on behalf of Last Resort Fee L.L.C..(Bond, Trenton) |
Filing 47 ANSWER to #1 Complaint, and Affirmative Defenses, COUNTERCLAIM against Diamond Resorts Holdings, LLC on behalf of Diamond View Social House, LLC.(Challis, John) |
Filing 46 DESIGNATION OF MEDIATOR naming Bradley A. Winters(Walsh, John) |
Filing 45 PROTECTIVE ORDER. The Court issues a Protective Order. Signed on 10/11/18 by District Judge Beth Phillips. (Cordell, Annette) |
Filing 44 SCHEDULING ORDER: Discovery due by 7/2/2018. Dispositive Motions due by 8/1/2018. Teleconference set for 12/28/2018 11:00 AM. Pretrial Conference set for 1/10/2019 11:00 AM. Jury Trial set for 1/22/2019 08:30 AM in Courtroom 2, Springfield (VJC) before District Judge Beth Phillips. Signed on 10/11/17 by District Judge Beth Phillips. (Cordell, Annette) |
Filing 43 ORDER denying #21 : The Motion to Dismiss, or Alternatively for More Definite Statement filed on behalf of Defendants Jeffrey H. Shaver, Brenda K. Shaver, and Geoffrey L. Shaver (Doc. 21) is DENIED. Signed on 10/6/17 by District Judge Beth Phillips. (Cordell, Annette) |
Filing 42 Joint MOTION for protective order /entry of confidentiality order filed by Daniel J Barsky on behalf of Diamond Resorts Holdings, LLC. Suggestions in opposition/response due by 10/18/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Joint Proposed Confidentiality Order)(Barsky, Daniel) |
Filing 41 Joint PROPOSED SCHEDULING ORDER by Diamond Resorts Holdings, LLC. (Barsky, Daniel) |
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 10/02/2017 as Document No. 40, Notice of Filing Joint Proposed Scheduling and Trial Order. The document has been deleted per Administrative Procedures wherein it is stated proposed scheduling orders should not contain a signature line for the presiding judge. The proposed scheduling order should include the electronic signature of both the filing and opposing counsel. Counsel has been contacted with instructions to refile per Adm. Procedures. This is a text entry only - no document is attached. (Keller, Jeanne) |
Filing 40 NOTICE of filing Joint Proposed Scheduling and Trial Order by Diamond Resorts Holdings, LLC re #22 Rule 16 Notice (Attachments: # 1 Exhibit 1 - Joint Proposed Scheduling and Trial Order)(Barsky, Daniel) |
Filing 39 ORDER withdrawing #18 and #20 : Diamond View Social House and Last Resort Fee, LLC's (et al.) Motions to Dismiss for Improper Service (Documents 18 and 20) are withdrawn per their indication in their respective replies (Docs. 32 and 33). Waivers of service have been filed. Signed on 9/19/17 by District Judge Beth Phillips. This is a TEXT ONLY ENTRY. No document is attached.(Cordell, Annette) |
Filing 38 RETURN OF WAIVER OF SERVICE filed by Diamond Resorts Holdings, LLC. Waiver sent to Last Resort Fee L.L.C. on 8/17/2017, answer due 10/16/2017. (Rubin, Glennys) |
Filing 37 RETURN OF WAIVER OF SERVICE filed by Diamond Resorts Holdings, LLC. Waiver sent to Show Me Sunshine Properties LLC on 8/17/2017, answer due 10/16/2017. (Rubin, Glennys) |
Filing 36 RETURN OF WAIVER OF SERVICE filed by Diamond Resorts Holdings, LLC. Waiver sent to Resort Installation Systems, Inc. on 8/17/2017, answer due 10/16/2017. (Rubin, Glennys) |
Filing 35 RETURN OF WAIVER OF SERVICE filed by Diamond Resorts Holdings, LLC. Waiver sent to Diamond View Social House, LLC on 8/17/2017, answer due 10/16/2017. (Rubin, Glennys) |
Filing 34 SUGGESTIONS in support re #21 MOTION to dismiss case Pursuant to Rule 12(b)(6) or, Alternatively, Motion for More Definite Statement Pursuant to Rule 12(e) and Suggestions in Support Thereof filed by Trenton K. Bond on behalf of Defendant Jeffrey H Shaver. (Related document(s) #21 ) (Bond, Trenton) |
Filing 33 SUGGESTIONS in support re #20 MOTION to dismiss case for Improper Service filed by Trenton K. Bond on behalf of Defendant Last Resort Fee L.L.C.. (Related document(s) #20 ) (Bond, Trenton) |
Filing 32 SUGGESTIONS in support re #18 MOTION to dismiss case for Improper Service of Process and Suggestions in Support Thereof filed by John M Challis on behalf of Defendant Diamond View Social House, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #18 ) (Challis, John) |
Filing 31 DEMAND for Trial by Jury by Last Resort Fee L.L.C.. (Bond, Trenton) |
Filing 30 DEMAND for Trial by Jury by Diamond View Social House, LLC. (Challis, John) |
Filing 29 DISCLOSURE OF CORPORATE INTERESTS Certificate of Interest filed by Trenton K. Bond on behalf of Defendant Show Me Sunshine Properties LLC.(Attorney Trenton K. Bond added to party Show Me Sunshine Properties LLC(pty:dft))(Bond, Trenton) |
Filing 28 DISCLOSURE OF CORPORATE INTERESTS Certificate of Interest filed by Trenton K. Bond on behalf of Defendant Last Resort Fee L.L.C..(Attorney Trenton K. Bond added to party Last Resort Fee L.L.C.(pty:dft))(Bond, Trenton) |
Filing 27 DISCLOSURE OF CORPORATE INTERESTS Certificate of Interest filed by Trenton K. Bond on behalf of Defendant Resort Installation Systems, Inc..(Bond, Trenton) |
Filing 26 DISCLOSURE OF CORPORATE INTERESTS filed by John M Challis on behalf of Defendant Diamond View Social House, LLC.(Challis, John) |
Filing 25 SUGGESTIONS in opposition re #21 MOTION to dismiss case Pursuant to Rule 12(b)(6) or, Alternatively, Motion for More Definite Statement Pursuant to Rule 12(e) and Suggestions in Support Thereof filed by Daniel J Barsky on behalf of Plaintiff Diamond Resorts Holdings, LLC. Reply suggestions due by 9/11/2017 unless otherwise directed by the court. (Related document(s) #21 ) (Barsky, Daniel) |
Filing 24 SUGGESTIONS in opposition re #20 MOTION to dismiss case for Improper Service filed by Glennys Ortega Rubin on behalf of Plaintiff Diamond Resorts Holdings, LLC. Reply suggestions due by 9/6/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #20 ) (Rubin, Glennys) |
Filing 23 SUGGESTIONS in opposition re #18 MOTION to dismiss case for Improper Service of Process and Suggestions in Support Thereof filed by Glennys Ortega Rubin on behalf of Plaintiff Diamond Resorts Holdings, LLC. Reply suggestions due by 9/6/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Related document(s) #18 ) (Rubin, Glennys) |
Filing 22 ORDER. RULE 16 NOTICE. Proposed scheduling order due by 10/2/2017. Rule 26 conference due by 9/18/2017. Signed on 8/16/17 by District Judge Beth Phillips. (Cordell, Annette) |
Filing 21 MOTION to dismiss case Pursuant to Rule 12(b)(6) or, Alternatively, Motion for More Definite Statement Pursuant to Rule 12(e) and Suggestions in Support Thereof filed by Trenton K. Bond on behalf of Jeffrey H Shaver. Suggestions in opposition/response due by 8/28/2017 unless otherwise directed by the court. (Attorney Trenton K. Bond added to party Jeffrey H Shaver(pty:dft))(Bond, Trenton) |
Filing 20 MOTION to dismiss case for Improper Service filed by Trenton K. Bond on behalf of Resort Installation Systems, Inc.. Suggestions in opposition/response due by 8/23/2017 unless otherwise directed by the court. (Bond, Trenton) |
Filing 19 NOTICE of appearance by Trenton K. Bond on behalf of Resort Installation Systems, Inc. (Attorney Trenton K. Bond added to party Resort Installation Systems, Inc.(pty:dft))(Bond, Trenton) |
Filing 18 MOTION to dismiss case for Improper Service of Process and Suggestions in Support Thereof filed by John M Challis on behalf of Diamond View Social House, LLC. Suggestions in opposition/response due by 8/23/2017 unless otherwise directed by the court. (Challis, John) |
Filing 17 NOTICE of appearance by John M Challis on behalf of Diamond View Social House, LLC (Attorney John M Challis added to party Diamond View Social House, LLC(pty:dft))(Challis, John) |
Filing 16 RETURN OF SERVICE of complaint executed by Diamond Resorts Holdings, LLC. Diamond View Social House, LLC served on 7/19/2017, answer due 8/9/2017. (Rubin, Glennys) |
Filing 15 RETURN OF SERVICE of complaint executed by Diamond Resorts Holdings, LLC. Resort Installation Systems, Inc. served on 7/19/2017, answer due 8/9/2017. (Rubin, Glennys) |
Filing 14 RETURN OF SERVICE of complaint executed by Diamond Resorts Holdings, LLC. Last Resort Fee L.L.C. served on 7/19/2017, answer due 8/9/2017. (Rubin, Glennys) |
Filing 13 RETURN OF SERVICE of complaint executed by Diamond Resorts Holdings, LLC. Show Me Sunshine Properties LLC served on 7/19/2017, answer due 8/9/2017. (Rubin, Glennys) |
Filing 12 RETURN OF SERVICE of complaint executed by Diamond Resorts Holdings, LLC. Jeffrey H Shaver served on 7/24/2017, answer due 8/14/2017. (Rubin, Glennys) |
Filing 11 RETURN OF SERVICE of complaint executed by Diamond Resorts Holdings, LLC. Geoffrey L Shaver served on 7/24/2017, answer due 8/14/2017. (Rubin, Glennys) |
Filing 10 RETURN OF SERVICE of complaint executed by Diamond Resorts Holdings, LLC. Brenda K Shaver served on 7/24/2017, answer due 8/14/2017. (Rubin, Glennys) |
Filing 9 ORDER granting #6 #7 #8 motion to appear pro hac vice entered by Clerk of Court. Attorney Glennys Ortega Rubin, Daniel J Barsky, & Alfred Joseph Bennington, Jr for Diamond Resorts Holdings, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 1400 U.S. Courthouse, 222 John Q. Hammons Parkway, Springfield, Missouri 65806 This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) |
Filing 8 Motion to allow Alfred Joseph Bennington, Jr. to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5378500) filed by John T. Walsh on behalf of Diamond Resorts Holdings, LLC. (Walsh, John) |
Filing 7 Motion to allow Daniel J. Barsky to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5378493) filed by John T. Walsh on behalf of Diamond Resorts Holdings, LLC. (Walsh, John) |
Filing 6 Motion to allow Glennys Ortega Rubin to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5378477) filed by John T. Walsh on behalf of Diamond Resorts Holdings, LLC. (Walsh, John) |
Filing 5 ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Beth Phillips for all further proceedings. Magistrate Judge Robert E. Larsen no longer assigned to case. Please note new case number: 17-3208-CV-S-BP. This is a TEXT ONLY ENTRY. No document is attached. (Siegert, Karen) |
Filing 4 ORDER directing Clerk of the Court to reassign case to Article III District Court Judge. Signed on 07/17/17 by Magistrate Judge Robert E. Larsen. (Suroff, Rebecca) |
Filing 3 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Keller, Jeanne) |
NOTICE OF MAGISTRATE ASSIGNMENT. This is a docket entry only. No document is attached. Magistrate Return due by 8/7/2017 unless otherwise directed by the court. (Keller, Jeanne) |
SUMMONSES (7) ISSUED and emailed to plaintiff as to Diamond View Social House, LLC, Last Resort Fee L.L.C., Resort Installation Systems, Inc., Brenda K Shaver, Geoffrey L Shaver, Jeffrey H Shaver, Show Me Sunshine Properties LLC. (Siegert, Karen) |
Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by John T. Walsh on behalf of Plaintiff Diamond Resorts Holdings, LLC, a Nevada limited liability company.(Walsh, John) |
Filing 1 COMPLAINT AND REQUEST FOR INJUNCTIVE RELIEF against All Defendants filed by John T. Walsh on behalf of Diamond Resorts Holdings, LLC, a Nevada limited liability company. Filing fee $400, receipt number 0866-5362371. Service due by 10/12/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Walsh, John) |
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