Bowlin et al v. Diamond Resorts U.S. Collection Development, LLC et al
| Jeremy Bowlin and Candace McCullough |
| Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc. and The Suites at Fall Creek Condominium Associates, Inc. |
| 6:2022cv03029 |
| February 11, 2022 |
| US District Court for the Western District of Missouri |
| W Brian Gaddy |
| M Douglas Harpool |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Both |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
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Filing 28
CLERK'S JUDGMENT (Howard, Linda)
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Filing 27
ORDER granting #6 motion to compel and dismissing case without prejudice. Signed on 5/26/2022 by District Judge M. Douglas Harpool. (Maerz, Mary)
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Filing 26
ORDER denying #18 motion to remand. Signed on 5/19/2022 by District Judge M. Douglas Harpool. (Maerz, Mary)
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Filing 25
REPLY SUGGESTIONS to motion re #6 MOTION to compel Arbitration and to Dismiss Plaintiffs' Petition filed by Roy Taub on behalf of Defendants Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc., Diamond Resorts U.S. Collection Development, LLC, The Suites at Fall Creek Condominium Associates, Inc.. (Related document(s) #6 ) (Taub, Roy)
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Filing 24
AFFIDAVIT re #23 Suggestions in Opposition to Motion,, by Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc., Diamond Resorts U.S. Collection Development, LLC, The Suites at Fall Creek Condominium Associates, Inc.. (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) #23 ) (Taub, Roy)
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Filing 23
SUGGESTIONS in opposition re #18 MOTION to remand filed by Roy Taub on behalf of Defendants Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc., Diamond Resorts U.S. Collection Development, LLC, The Suites at Fall Creek Condominium Associates, Inc.. Reply suggestions due by 4/18/2022 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 Exhibit G)(Related document(s) #18 ) (Taub, Roy)
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Filing 22
REPLY SUGGESTIONS to motion re #6 MOTION to compel Arbitration and to Dismiss Plaintiffs' Petition filed by William Hampton Williams on behalf of Plaintiffs Jeremy Bowlin, Candace McCullough. (Attachments: #1 Exhibit Exhibit A - 3.10 Sales Contract, #2 Exhibit Exhibit B - Plaintiffs' Verified Petition, #3 Exhibit Exhibit C - 8.7 Sales Contract)(Related document(s) #6 ) (Williams, William)
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Filing 21
ORDER granting #20 motion for extension of time to file response/reply re #20 Consent MOTION for extension of time to file response/reply as to #18 MOTION to remand , #19 Suggestions in Support of Motion,, , #18 MOTION to remand . Suggestions in opposition/response due by 4/4/2022 unless otherwise directed by the court.. Signed on 3/23/2022 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Maerz, Mary)
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Filing 20
Consent MOTION for extension of time to file response/reply as to #18 MOTION to remand , #19 Suggestions in Support of Motion,, filed by Roy Taub on behalf of All Defendants. Suggestions in opposition/response due by 4/5/2022 unless otherwise directed by the court. (Related document(s) #18 , #19 ) (Taub, Roy)
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Filing 19
SUGGESTIONS in support re #18 MOTION to remand filed by Russell Schenewerk on behalf of Plaintiffs Jeremy Bowlin, Candace McCullough. (Attachments: #1 Exhibit Exhibit A - Summons Return for Defendant Association, #2 Exhibit Exhibit B - Declaration of Fall Creek Resort, #3 Exhibit Exhibit C - Platiniffs Verified Petition, #4 Exhibit Exhibit D - Adoption of Name of Suites at Fall Creek Condominium Association Inc, #5 Exhibit Exhibit E - Affidavit of Attorney's Fees, #6 Exhibit Exhibit F - Stipulation to Damages Sought, #7 Affidavit Affidavit of CMECF Failure)(Related document(s) #18 ) (Schenewerk, Russell)
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Filing 18
MOTION to remand filed by Russell Schenewerk on behalf of Jeremy Bowlin, Candace McCullough. Suggestions in opposition/response due by 3/28/2022 unless otherwise directed by the court. (Attachments: #1 Affidavit of CMECF Failure)(Schenewerk, Russell) (Main Document 18 replaced on 3/15/2022 and NEF regenerated) (Siegert, Karen).
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Filing 17
ORDER granting #16 motion to appear pro hac vice entered by Clerk of Court. Attorney Jeffrey A. Backman for Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc., Diamond Resorts U.S. Collection Development, LLC and The Suites at Fall Creek Condominium Associates, Inc. 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 WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 16
Motion to allow Jeffrey A. Backman to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7828541) filed by Christopher LaRose on behalf of All Defendants. (LaRose, Christopher)
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Filing 15
ORDER granting #10 and #11 motion to appear pro hac vice entered by Clerk of Court. Attorney Richard Wayne Epstein and Roy Taub for Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc., Diamond Resorts U.S. Collection Development, LLC, The Suites at Fall Creek Condominium Associates, Inc. and The Suites at Fall Creek Condominium Associates, Inc. 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 WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 14
ORDER granting #12 motion for extension of time to file response/reply re #12 MOTION for extension of time to file response/reply as to #6 MOTION to compel Arbitration and to Dismiss Plaintiffs' Petition , #6 MOTION to compel Arbitration and to Dismiss Plaintiffs' Petition Suggestions in opposition/response due by 4/1/2022 unless otherwise directed by the court. Signed on 2/25/2022 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Maerz, Mary)
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Filing 13
NOTICE of appearance by Christopher LaRose on behalf of All Defendants (LaRose, Christopher)
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Filing 12
MOTION for extension of time to file response/reply as to #6 MOTION to compel Arbitration and to Dismiss Plaintiffs' Petition filed by William Hampton Williams on behalf of All Plaintiffs. Suggestions in opposition/response due by 3/11/2022 unless otherwise directed by the court. (Related document(s) #6 ) (Attorney William Hampton Williams added to party Jeremy Bowlin(pty:pla), Attorney William Hampton Williams added to party Candace McCullough (pty:pla))(Williams, William)
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Filing 11
Motion to allow Roy Taub to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7821091) filed by Christopher LaRose on behalf of All Defendants. (LaRose, Christopher)
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Filing 10
Motion to allow Richard W. Epstein to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7821082) filed by Christopher LaRose on behalf of All Defendants. (Attorney Christopher LaRose added to party Diamond Resorts Fall Creek Development, LLC(pty:dft), Attorney Christopher LaRose added to party Diamond Resorts International Club, Inc.(pty:dft), Attorney Christopher LaRose added to party Diamond Resorts U.S. Collection Development, LLC(pty:dft), Attorney Christopher LaRose added to party The Suites at Fall Creek Condominium Associates, Inc.(pty:dft))(LaRose, Christopher)
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Filing 9
ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge M. Douglas Harpool for all further proceedings. Magistrate Judge W. Brian Gaddy no longer assigned to case. The new case number is 6:22-cv-03029-MDH. Signed on 2/14/2022 by Magistrate Judge W. Brian Gaddy. (Keller, Jeanne)
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Filing 8
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)
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Filing 7
SUGGESTIONS in support re #6 MOTION to compel Arbitration and to Dismiss Plaintiffs' Petition filed by Christopher D. Baucom on behalf of Defendants Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc., Diamond Resorts U.S. Collection Development, LLC, The Suites at Fall Creek Condominium Associates, Inc.. (Attachments: #1 Exhibit Declaration of Brad Harris, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E)(Related document(s) #6 ) (Baucom, Christopher)
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Filing 6
MOTION to compel Arbitration and to Dismiss Plaintiffs' Petition filed by Christopher D. Baucom on behalf of All Defendants. Suggestions in opposition/response due by 2/25/2022 unless otherwise directed by the court. (Baucom, Christopher)
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Filing 5
DISCLOSURE OF CORPORATE INTERESTS Diamond Resorts Fall Creek Development, LLC filed by Christopher D. Baucom on behalf of Defendants Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc., Diamond Resorts U.S. Collection Development, LLC, The Suites at Fall Creek Condominium Associates, Inc..(Baucom, Christopher)
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Filing 4
DISCLOSURE OF CORPORATE INTERESTS Diamond Resorts International Club, Inc. filed by Christopher D. Baucom on behalf of Defendants Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc., Diamond Resorts U.S. Collection Development, LLC, The Suites at Fall Creek Condominium Associates, Inc..(Baucom, Christopher)
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Filing 3
DISCLOSURE OF CORPORATE INTERESTS Diamond Resorts US Collection Development, LLC filed by Christopher D. Baucom on behalf of Defendants Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc., Diamond Resorts U.S. Collection Development, LLC, The Suites at Fall Creek Condominium Associates, Inc..(Baucom, Christopher)
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Filing 2
DISCLOSURE OF CORPORATE INTERESTS - The Suites at Fall Creek Condominium Association, Inc. filed by Christopher D. Baucom on behalf of Defendants Diamond Resorts Fall Creek Development, LLC, Diamond Resorts International Club, Inc., Diamond Resorts U.S. Collection Development, LLC, The Suites at Fall Creek Condominium Associates, Inc..(Baucom, Christopher)
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Filing 1
NOTICE OF REMOVAL from Circuit Court of Taney County County, case number 2246-CC00005, Filing fee $402, receipt number AMOWDC-7801349. (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 Civil Cover Sheet Civil Cover Sheet)(Baucom, Christopher)
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NOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to all Plaintiffs and all Defendants: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 3/4/2022 unless otherwise directed by the court. (Keller, Jeanne)
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