Atwell et al v. Westgate Resorts, Inc. et al
Plaintiff: Heather Atwell and Resort Properties of America, Inc.
Defendant: Central Florida Investments, Inc., Westgate Resorts Ltd, Westgate Resorts, Inc. and Westgate Las Vegas Resort, LLC
Case Number: 2:2015cv02122
Filed: November 5, 2015
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Richard F Boulware
Referring Judge: Peggy A Leen
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2018 Filing 151 REPLY to Response to #144 Motion for Judgment by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Bult, Adam)
December 10, 2018 Filing 150 REPLY to Response to #145 Motion for Judgment, #146 Motion for New Trial, by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Aiello, Vincent)
November 26, 2018 Filing 149 RESPONSE to #144 Motion for Judgment by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. Replies due by 12/3/2018. (Aiello, Vincent)
November 26, 2018 Filing 148 RESPONSE to #146 Motion for New Trial, by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. Replies due by 12/3/2018. (Bult, Adam)
November 26, 2018 Filing 147 RESPONSE to #145 Motion for Judgment by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. Replies due by 12/3/2018. (Bult, Adam)
November 5, 2018 Filing 146 MOTION for New Trial re #145 Motion for Judgment, filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. Responses due by 11/19/2018. (Attachments: #1 Exhibit A) (Aiello, Vincent)
November 5, 2018 Filing 145 MOTION for Judgment; filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. Responses due by 11/19/2018. (Attachments: #1 Exhibit A) (Aiello, Vincent)
November 5, 2018 Filing 144 MOTION for Judgment re #135 Jury Verdict; filed by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. Responses due by 11/19/2018. (Bult, Adam)
October 23, 2018 Filing 143 TRANSCRIPT of Proceedings, #127 Jury Trial, Day 1, held on 10/9/2018, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 11/13/2018. Redacted Transcript Deadline is set for 11/23/2018. Release of the Transcript Restriction is set for 1/21/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
October 22, 2018 Filing 142 TRANSCRIPT of Proceedings, #128 Jury Trial, Day 2, held on 10/10/2018, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 11/12/2018. Redacted Transcript Deadline is set for 11/22/2018. Release of the Transcript Restriction is set for 1/20/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
October 20, 2018 Filing 141 TRANSCRIPT of Proceedings, #132 Jury Trial, held on 10/15/2018, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 11/10/2018. Redacted Transcript Deadline is set for 11/20/2018. Release of the Transcript Restriction is set for 1/18/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
October 20, 2018 Filing 140 TRANSCRIPT of Proceedings, #131 Jury Trial, held on 10/11/2018, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 11/10/2018. Redacted Transcript Deadline is set for 11/20/2018. Release of the Transcript Restriction is set for 1/18/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
October 15, 2018 Filing 135 JURY VERDICT. (JM)
October 15, 2018 Filing 132 MINUTES OF PROCEEDINGS - Jury Trial - Day 4 held on 10/15/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Adam Bult, Esq.; Def Counsel: Vincent Aiello, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 1:56 PM - 2:47 PM; Courtroom: 7C. Plaintiff Heather Atwell is present. Jury deliberations and verdict. See verdict for details. Jury excused. The Court ordered post trial briefing due by November 5, 2018; Responses due by November 26, 2108 and Replies due by December 10, 2018. (Copies have been distributed pursuant to the NEF - BEL)
October 15, 2018 Opinion or Order Filing 130 ORDER Regarding Jury Meals. This Court having ordered the jury impaneled in this action to be kept together during period of deliberation, IT IS ORDERED that all meals for said jury shall be paid by the Clerk of Court. Signed by Judge Richard F. Boulware, II on 10/15/2018. (Copies have been distributed pursuant to the NEF - BEL)
October 15, 2018 Filing 129 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 10/15/2018. Jury Trial - Day 4, is set for October 15, 2018 at 9:00 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
October 11, 2018 Filing 138 EXHIBIT LIST by Defendant Westgate Las Vegas Resort, LLC.. (JM)
October 11, 2018 Filing 137 EXHIBIT LIST by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc... (JM)
October 11, 2018 Filing 133 JURY INSTRUCTIONS. (JM)
October 11, 2018 Filing 131 MINUTES OF PROCEEDINGS - Jury Trial - Day 3 held on 10/11/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Adam Bult, Esq. Kirk Lenhard, Esq., MacKenzie Warren, Esq.; Def Counsel: James Turken, Esq., Michael Marder, Esq., Vincent Aiello, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 8:17 AM - 12:29 PM; 1:45 PM -4:04 PM; Courtroom: 7C.Plaintiff Heather Atwell is present. Defendant David Siegel is present. Defendant David Siegel resumed testimony. Adam Rosenberg testified. Video Deposition of Thomas Dugan. Exhibits entered into evidence. See minutes attached. Closing arguments presented by Mr. Bultck on behalf of the Plaintiff. Closing arguments presented by Mr. Turken on behalf of the Defendants. Rebuttal closing arguments presented by Mr. Bult on behalf of the Plaintiff. Jury deliberations to resume; Jury Trial day 4 is continued to October 15, 2018 at 9:00 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. (Copies have been distributed pursuant to the NEF - BEL)
October 10, 2018 Filing 128 MINUTES OF PROCEEDINGS - Jury Trial - Day 2 held on 10/10/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Adam Bult, Esq. Kirk Lenhard, Esq., MacKenzie Warren, Esq.; Def Counsel: James Turken, Esq., Michael Marder, Esq., Vincent Aiello, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 8:14 AM - 11:59 AM; 1:12 PM - 4:09 PM; Courtroom: 7C.Plaintiff Heather Atwell is present. Defendant David Siegel is present. Opening Statements by Mr. Turken for Defendants. Plaintiff Heather Atwell, Mayur Shetty and Defendant David Siegel testified. Exhibits entered into evidence. See minutes attached. Jury Trial, Day 2 is continued to October 11, 2018 at 8:15 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. (Copies have been distributed pursuant to the NEF - BEL)
October 9, 2018 Filing 127 MINUTES OF PROCEEDINGS - Jury Trial - Day 1 held on 10/9/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: James Turken, Esq., Michael Marder, Esq., Vincent Aiello, Esq.; Def Counsel: Adam Bult, Esq., Kirk Lenhard, Esq., MacKenzie Warren, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 8:51 PM - 12:30 PM; 2:45 PM - 4:30 PM; Courtroom: 7C.Plaintiff Heather Atwell is present. Defendant David Siegel is present. Opening Statements by Mr. Bult for Plantiffs. See minutes attached. Jury Trial, Day 2 is continued to October 10, 2018 at 8:15 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. (Copies have been distributed pursuant to the NEF - BEL) (Main Document 127 replaced on 10/10/2018 to correct date/counsel only) (BEL).
October 5, 2018 Filing 125 EXHIBIT LIST Second Revised Stipulated by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc... (Chance, Travis)
October 2, 2018 Filing 126 MINUTES OF PROCEEDINGS - Calendar Call held on 10/2/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Vincent Aiello, Esq., Michael Marder, Esq., and James Turken, Esq., appearing telephonicaloly; Def Counsel: Adam Bult, Esq., Kirk Lenhard, Esq., Travis Chance, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 1:37 PM - 2:06 PM; Courtroom: 7C. The Court makes preliminary statements and confirms the Jury trial setting with 9 jurors. Jury trial will commence on October 9, 2018 at 8:30 AM through October 11, 2018; dark on October 11, 2018, to recommence on October 15, 2018 at 8:30 AM as needed. For the reasons stated on the record at the hearing, counsel is directed to provide deposition designations and counter designations on one video per person and must be provided to the Court prior to the use of the video at trial. The Court grants leave for Mr. Siegel to have a corporate representative substitute his behalf at the trial unless he is on the witness stand. Counsel is directed to meet with the courtroom deputy to address any technical issues prior to the start of trial.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
October 2, 2018 Filing 124 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 10/2/2018. IT IS ORDERED #121 Motion for Leave to Appear telephonically at Calendar Call on October 2, 2018 at 1:30 PM is GRANTED. Attorneys Michael E. Marder, Esq. and Brian R. Cummings, Esq., may join the hearing telephonically by dialing telephone number: (877) 336-1829; Access code: 3616356 five minutes prior to the hearing commencing. The use of a cell phone is prohibited. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
October 1, 2018 Filing 123 EXHIBIT LIST Revised Plaintiffs' Proposed by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc... (Chance, Travis)
October 1, 2018 Filing 122 EXHIBIT LIST Revised Stipulated by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc... (Chance, Travis)
October 1, 2018 Filing 121 MOTION for Leave to Appear Telephonically, Attorney Michael E. Marder, Brian R. Cummings, re 118 Order on Motion in Limine, Order on Motion to Bifurcate Trial, Calendar Call, by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Aiello, Vincent)
September 19, 2018 Filing 120 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 9/19/2018. IT IS ORDERED that Jury trial set for October 8, 2018 is vacated and RESET to October 9, 2018 at 9:00 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
August 21, 2018 Opinion or Order Filing 119 ORDER granting #117 Stipulation Setting Briefing Schedule and Withdrawing Objections; Signed by Judge Richard F. Boulware, II on 8/21/2018. (Copies have been distributed pursuant to the NEF - JM)
August 20, 2018 Opinion or Order Filing 117 STIPULATION and Order Setting Briefing Schedule and Withdrawing Authentication Objections by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Bult, Adam)
August 17, 2018 Filing 116 TRANSCRIPT of Proceedings, Calendar Call, held on 8/14/2018, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 9/7/2018. Redacted Transcript Deadline is set for 9/17/2018. Release of the Transcript Restriction is set for 11/15/2018. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG)
August 14, 2018 Filing 118 MINUTES OF PROCEEDINGS - Calendar Call held on 8/14/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: James Turken, Esq., Vincent Aiello, Esq., Maricharl Marder, Esq. Appearing Telephonically; Def Counsel: Adam Bult, Esq., Kirk Lenhard, Esq., Travis Chance, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 3:15 PM - 4:30 PM; Courtroom: 7C.The Court makes preliminary statements and hears representations of counsel regarding motions in limine pending before the Court. For the reasons stated on the record at the hearing, IT IS ORDERED that Defendants' #113 MOTION to Bifurcate Trial is DENIED as untimely. IT IS FURTHER ORDERED that #85 and #87 Motions in Limine are DENIED without prejudice to objections being raised as the exhibits are presented into evidence. The Court directs counsel for the parties to meet to discuss the schedule of filing motions. IT IS FURTHER ORDERED thatJoint proposed pretrial motion schedule is due by Monday, August 20, 2018 with pretrial motions due three weeks from this day. IT IS FURTHER ORDERED that the Defendants' shall provide contact information as to witnesses Mayur Shetty and Mr. Rosenberg for plaintiff's to arrange deposition of witnesses. IT IS FURTHER ORDERED that jury trial set for August 21, 2018 is vacated and reset to October 8, 2018 at 9:30 AM in LV Courtroom 7C. Jury trial 3-4 days. IT IS FURTHER ORDERED that Calendar call is set for October 2, 2018 at 1:30 PM in LV Courtroom 7C. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
August 14, 2018 Filing 115 RESPONSE to #87 Motion in Limine, by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. Replies due by 8/21/2018. (Bult, Adam)
August 14, 2018 Filing 114 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 8/14/2018. IT IS ORDERED that Defendants Westgate Resorts, Inc.,Westgate Resorts, Ltd., Central FloridaInvestments, Inc. and Westgate Las Vegas Resort, LLC's #108 Unopposed Motion to Appear Telephonically at Calendar Call set for August 14, 2018 is GRANTED.IT IS FURTHER ORDERED that Attorney Michael E. Marder may join the Calendar Call set for August 14, 2018 at 3:00 PM by dialing telephone no.: (877) 336-1829, Access Code: 3616356, five minutes prior to the hearing. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The call must be made on a land line. The use of a cell phone or speaker phone during the proceedings is prohibited.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
August 14, 2018 Filing 113 MOTION to Bifurcate Trial by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc... Responses due by 8/28/2018. (Aiello, Vincent)
August 13, 2018 Filing 112 TRIAL BRIEF by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. . (Bult, Adam)
August 13, 2018 Filing 111 TRIAL BRIEF by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. . (Aiello, Vincent)
August 13, 2018 Filing 110 Amended EXHIBIT LIST by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc. (Bult, Adam)
August 13, 2018 Filing 109 First Amended Proposed Special Verdict Form by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. (Attachments: #1 Exhibit A)(Aiello, Vincent)
August 13, 2018 Filing 108 UNOPPOSED Motion to Appear Telephonically for Calendar Call re #89 Order Regarding Trial, by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc... (Aiello, Vincent)
August 10, 2018 Filing 107 CLERK'S NOTICE Regarding Violation of Local Rule IC 5-1(b). ECF No. #101 , #102 , #103 , #104 , #105 , #106 were not filed pursuant to LR IC 5-1(b). Please note the signatory must be the attorney who electronically files the document. No further action is required concerning this document at this time. (no image attached) (RFJ)
August 9, 2018 Filing 106 PROPOSED Jury Instructions by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. . (Attachments: #1 Exhibit A)(Aiello, Vincent) Document not filed per LR IC 5-1(b) by attorney (RFJ).
August 9, 2018 Filing 105 PROPOSED Verdict Form by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. . (Attachments: #1 Exhibit A)(Aiello, Vincent) Document not filed per LR IC 5-1(b) by attorney (RFJ).
August 9, 2018 Filing 104 EXHIBIT LIST by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc... (Attachments: #1 Exhibit A)(Aiello, Vincent) Document not filed per LR IC 5-1(b) by attorney (RFJ).
August 9, 2018 Filing 103 STATEMENT of Case; filed by Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Aiello, Vincent) Document not filed per LR IC 5-1(b) by attorney (RFJ).
August 9, 2018 Filing 102 WITNESS LIST by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc... (Aiello, Vincent) Document not filed per LR IC 5-1(b) by attorney(RFJ).
August 9, 2018 Filing 101 PROPOSED Voir Dire by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. . (Aiello, Vincent) Document not filed per LR IC 5-1(b) by attorney (RFJ).
August 9, 2018 Filing 100 PROPOSED Voir Dire by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Bult, Adam)
August 9, 2018 Filing 99 STATEMENT of the Case; filed by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Bult, Adam) Document not filed per LR IC 2-2(c) by attorney, entry modified on 8/10/2018 (RFJ).
August 9, 2018 Filing 98 PROPOSED Verdict Form; filed by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Bult, Adam)
August 9, 2018 Filing 97 PROPOSED Jury Instructions by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Bult, Adam)
August 9, 2018 Filing 96 STIPULATED PROPOSED Jury Instructions; filed by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Bult, Adam)
August 9, 2018 Filing 95 WITNESS LIST; filed by Plaintiffs Heather Atwell, Resort Properties of America, Inc... (Attachments: #1 Exhibit 1)(Bult, Adam)
August 9, 2018 Filing 94 EXHIBIT LIST; filed by Plaintiffs Heather Atwell, Resort Properties of America, Inc.. (Bult, Adam)
August 8, 2018 Opinion or Order Filing 93 ORDER granting #88 Stipulation to Withdraw and Correct Exhibits; Signed by Judge Richard F. Boulware, II on 8/8/2018. (Copies have been distributed pursuant to the NEF - JM)
August 6, 2018 Opinion or Order Filing 92 ORDER granting #90 Verified Petition for Permission to Practice Pro Hac Vice for Attorney James H. Turken for defendants and approving Designation of Local Counsel Vincent J. Aiello. Signed by Judge Richard F. Boulware, II on 8/6/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
August 3, 2018 Filing 91 RESPONSE to #85 Motion in Limine, by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Aiello, Vincent)
August 3, 2018 Filing 90 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by James H. Turken and DESIGNATION of Local Counsel Vincent J. Aiello (Filing fee $ 250 receipt number 0978-5182565) by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Silvestri, Phillip)
August 2, 2018 Opinion or Order Filing 88 STIPULATION and Order Withdrawing Defendants' Proposed Trial Exhibit Number 8 and Correcting Clerical Error in Description of Stipulated Exhibit No. 13 by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Bult, Adam)
August 1, 2018 Opinion or Order Filing 89 ORDER REGARDING TRIAL. Jury Trial is set for 8/21/2018 at 9:30 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. Calendar Call is set for 8/14/2018 at 3:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. Exhibit List due by 8/9/2018. Proposed Findings of Fact and Conclusions of Law due by 8/9/2018. Proposed Jury Instructions due by 8/9/2018. Proposed Voir Dire due by 8/9/2018. Trial Briefs due by 8/13/2018. Signed by Judge Richard F. Boulware, II on 8/1/2018. (Copies have been distributed pursuant to the NEF - BEL) (Main Document 89 replaced on 8/2/2018, corrected trial schedule) (BEL).
July 31, 2018 Filing 87 MOTION in Limine and Supporting Memorandum of Points and Authorities by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc... Responses due by 8/14/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, Part 1, #3 Exhibit B, Part 2, #4 Exhibit B, Part 3)(Aiello, Vincent)
July 30, 2018 Opinion or Order Filing 86 JOINT PRETRIAL ORDER. Calendar Call set for 8/14/2018 at 03:00 PM in LV Courtroom 7C before Judge Richard F. Boulware II. Jury Trial set for 8/21/2018 at 09:30 AM in LV Courtroom 7C before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 7/29/2018. (Copies have been distributed pursuant to the NEF - JM)
July 20, 2018 Filing 85 MOTION in Limine by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc... Responses due by 8/3/2018. (Attachments: #1 Exhibit A-F)(Bult, Adam)
July 17, 2018 Filing 84 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 7/17/2018. IT IS ORDERED that Calendar Call is set for August 14, 2018 at 3:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. Jury Trial remains set on a stacked trial calendar for August 20, 2018 at 9:30 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
April 25, 2018 Filing 83 PROPOSED Pretrial Order by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc. (Bult, Adam)
March 31, 2018 Opinion or Order Filing 82 ORDER denying Defendants' #60 Motion for Summary Judgment. IT IS FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment (ECF No. 64) is DENIED.The parties are instructed to file a proposed joint pretrial order by April 25, 2018. Signed by Judge Richard F. Boulware, II on 3/31/2018. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
March 21, 2018 Filing 81 MINUTES OF PROCEEDINGS - Motion Hearing held on 3/21/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Adam Bult, Esq., Travis Chance, Esq.; Def Counsel: Vincent Aiello, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 10:40 PM - 11:12 PM; Courtroom: 7C.The Court makes preliminary statements and hears representations of counsel regarding the #60 Motion for Summary Judgment and #64 Motion for Partial Summary Judgment. The Court canvasses the parties regarding jury trial in this matter, 4-6 days in length. Counsel is directed to submit the Proposed Joint Pretrial Order three weeks from this day with the date of the Jury trial as August 20, 2018 at 9:30 AM. The Court takes the motions under submission and will issue a written Order. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
March 19, 2018 NOTICE: IT IS ORDERED that the hearing set for March 21, 2018 at 10:00 AM is RESET to LV Courtroom 7C before Judge Richard F. Boulware, II. (BEL)
February 2, 2018 Filing 80 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 2/2/2018. At the request and agreement of counsel, IT IS ORDERED that a hearing regarding #64 MOTION for Partial Summary Judgment and #60 MOTION for Summary Judgment set for March 13, 2018 is vacated and RESET to March 21, 2018 at 10:00 AM in LV Courtroom 7D before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
January 28, 2018 Filing 79 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/28/2018. IT IS ORDERED that a hearing regarding #64 MOTION for Partial Summary Judgment and #60 MOTION for Summary Judgment is set for March 13, 2018 at 4:00 PM in LV Courtroom 7D before Judge Richard F. Boulware, II.A hearing is set March 13, 2018. The parties are ordered to appear at this hearing. Failure to appear at the scheduled hearing time may result in the imposition of sanctions, including but not limited to monetary sanctions, granting of the opposing party's motion or case-dispositive sanctions. Each party shall have three days to notify the Courtroom Administrator by email at blanca_lenzi@nvd.uscourts.gov if unable to attend and propose an alternative hearing time after consulting with opposing counsel. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
June 9, 2017 Filing 78 REPLY to Response to #60 Motion for Summary Judgment filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Aiello, Vincent)
June 9, 2017 Filing 77 REPLY to Response to #64 Motion for Partial Summary Judgment, filed by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Chance, Travis)
June 2, 2017 Opinion or Order Filing 76 ORDER granting #75 FIRST STIPULATION FOR EXTENSION OF TIME re: #64 MOTION for Partial Summary Judgment. Replies due by 6/9/2017. Signed by Judge Richard F. Boulware, II on 6/2/2017. (Copies have been distributed pursuant to the NEF - JM)
June 1, 2017 Filing 75 FIRST STIPULATION FOR EXTENSION OF TIME re: #64 MOTION for Partial Summary Judgment; filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Aiello, Vincent) Court Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d)on 6/2/2017 (RFJ).
May 23, 2017 Opinion or Order Filing 74 ORDER granting #71 THIRD STIPULATION FOR EXTENSION OF TIME re: Discovery Deadlines. The deadline for filing the Joint Pre-Trial Order shall be suspended until 30 days after the disposition of the parties' Cross-Motions for Summary Judgment. Signed by Magistrate Judge Peggy A. Leen on 5/23/2017. (Copies have been distributed pursuant to the NEF - JM)
May 19, 2017 Filing 73 RESPONSE to #60 Motion for Summary Judgment, filed by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. Replies due by 6/2/2017. (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)(Chance, Travis)
May 19, 2017 Filing 72 RESPONSE to #64 Motion for Partial Summary Judgment,, filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. Replies due by 6/2/2017. (Attachments: #1 Exhibit 1-15)(Aiello, Vincent)
May 19, 2017 Filing 71 THIRD STIPULATION FOR EXTENSION OF TIME re: Discovery Deadlines; filed by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Chance, Travis)
May 17, 2017 Opinion or Order Filing 70 ORDER granting #69 Motion to Withdraw as Attorney. James E Smyth, II withdrawn from the case. Signed by Magistrate Judge Peggy A. Leen on 5/17/2017. (Copies have been distributed pursuant to the NEF - JM)
May 12, 2017 Filing 69 MOTION to Withdraw as Attorney; filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Smyth, James)
May 12, 2017 Filing 68 NOTICE: of Non Compliance with, FRCP 7(b)(1); LR IA 11-6 and LR IC 2-2(c) and Attorney Action Required to #67 Notice (Other): ERROR: Wrong event selected by attorney James E Smyth, II. CORRECTION: Attorney advised to refile document #67 using the correct Motion event, pursuant to LR IA 11-6 and LR IC 2-2(c). Additionally, attorney James E Smyth, II is advised in the future that requests are filed as MOTIONS, not as Notices, pursuant to FRCP 7(b)(1). Document #67 is terminated as filed in error. (no image attached)(RFJ)
May 12, 2017 Filing 67 ERROR: Document not filed pursuant to LR IC 2-2(c); FRCP 7(b)(1) and LR IA 11-6 by attorney. CORRECTION: Attorney advised to refile documents using the correct event. NOTICE; filed by Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Smyth, James) Document #67 is terminated as filed in error. Modified on 5/12/2017 (RFJ).
May 11, 2017 Opinion or Order Filing 66 ORDER granting #65 STIPULATION FOR EXTENSION OF TIME (First Request) re #60 Motion for Summary Judgment, #64 Motion for Partial Summary Judgment. Responses due by 5/19/2017. Signed by Judge Richard F. Boulware, II on 5/11/2017. (Copies have been distributed pursuant to the NEF - JM)
May 8, 2017 Filing 65 STIPULATION FOR EXTENSION OF TIME (First Request) re #60 Motion for Summary Judgment, #64 Motion for Partial Summary Judgment, ; by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Chance, Travis)
April 21, 2017 Filing 64 MOTION for Partial Summary Judgment; filed by Plaintiffs Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. Responses due by 5/12/2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Chance, Travis)
April 21, 2017 Filing 63 EXHIBIT(s) 29-37 to #60 Motion for Summary Judgment; filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Attachments: #1 Exhibit 29, #2 Exhibit 30, #3 Exhibit 31, #4 Exhibit 32, #5 Exhibit 33, #6 Exhibit 34, #7 Exhibit 35, #8 Exhibit 36, #9 Exhibit 37)(Aiello, Vincent)
April 21, 2017 Filing 62 EXHIBIT(s) 8-28 to #60 Motion for Summary Judgment; filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 20, #14 Exhibit 21, #15 Exhibit 22, #16 Exhibit 23, #17 Exhibit 24, #18 Exhibit 25, #19 Exhibit 26, #20 Exhibit 27, #21 Exhibit 28)(Aiello, Vincent)
April 21, 2017 Filing 61 EXHIBIT(s) 1-7 to #60 Motion for Summary Judgment; filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Aiello, Vincent)
April 21, 2017 Filing 60 MOTION for Summary Judgment; filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. Responses due by 5/12/2017. (Aiello, Vincent)
February 2, 2017 Filing 59 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Peggy A. Leen, on 2/2/2017. IT IS ORDERED that the #57 Motion to Remove Attorney Robin S. Trupp from Electronic Service List is GRANTED. (Copies have been distributed pursuant to the NEF - TKH)
February 1, 2017 Opinion or Order Filing 58 ORDER granting #56 SECOND STIPULATION FOR EXTENSION OF TIME re: Discovery Deadlines., ( Discovery due by 3/20/2017., Motions due by 4/21/2017., Proposed Joint Pretrial Order due by 5/22/2017.) Signed by Magistrate Judge Peggy A. Leen on 2/1/2017. (Copies have been distributed pursuant to the NEF - JM)
February 1, 2017 Filing 57 MOTION to remove attorney(s) Robin S. Trupp, Esq. from the Electronic Service List in this case, by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Aiello, Vincent)
January 26, 2017 Filing 56 SECOND STIPULATION FOR EXTENSION OF TIME re: Discovery Deadlines; filed by Plaintiff Heather Atwell. (Ellis, Emily)
December 19, 2016 Filing 55 SECOND AMENDED ANSWER to #49 Amended Complaint, filed by Westgate Resorts, Inc..(Cummings, Brian)
December 19, 2016 Filing 54 AMENDED ANSWER to #49 Amended Complaint, filed by Westgate Resorts Ltd.(Cummings, Brian)
December 19, 2016 Filing 53 ANSWER to #49 Amended Complaint, filed by Westgate Las Vegas Resort, LLC.(Cummings, Brian)
December 19, 2016 Filing 52 ANSWER to #49 Amended Complaint, filed by Central Florida Investments, Inc.. Discovery Plan/Scheduling Order due by 2/2/2017.(Cummings, Brian) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
December 6, 2016 Opinion or Order Filing 51 ORDER granting #50 STIPULATION FOR EXTENSION OF TIME re #49 AMENDED COMPLAINT. Defendants answer due 12/19/2016. Signed by Magistrate Judge Peggy A. Leen on 12/6/16. (Copies have been distributed pursuant to the NEF - JM)
December 2, 2016 Filing 50 STIPULATION FOR EXTENSION OF TIME (First Request) re #49 AMENDED COMPLAINT by Defendant Central Florida Investments, Inc.. (Cummings, Brian) Modified on 12/2/2016 to establish docket entry relationship pursuant to LR IC 2-2 (d) (DKJ).
November 18, 2016 Filing 49 AMENDED COMPLAINT with Jury Demand against Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc., filed by Resort Properties of America, Inc., Heather Atwell, Heather Atwell(as Administrator of the Estate of David Atwell), Heather Atwell(Trustee of Atwell Family Trust, a Nevada trust). Proof of service due by 2/16/2017.(Bult, Adam)
October 20, 2016 Opinion or Order Filing 48 ORDER Granting #47 FIRST STIPULATION FOR EXTENSION OF TIME re: Discovery Deadlines. Discovery due by 2/16/2017., Motions due by 3/8/2017., Proposed Joint Pretrial Order due by 4/10/2017. Signed by Magistrate Judge Peggy A. Leen on 10/20/16. (Copies have been distributed pursuant to the NEF - JM)
October 18, 2016 Filing 47 FIRST STIPULATION FOR EXTENSION OF TIME re: Discovery Deadlines; filed by Plaintiffs Heather Atwell, Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Bult, Adam)
September 22, 2016 Filing 46 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/22/2016 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Jeffrey Rugg, Esq.,; Def Counsel: Robin Trupp, Esq. Vincent Aiello, Esq., James Smyth, Esq.; Court Reporter/FTR #: Patty Ganci; Time of Hearing: 12:09 PM - 1:13 PM; Courtroom: 7C.The Court makes preliminary statements and hears representation of the parties regarding the #19 Motion to Dismiss for Lack of Jurisdiction. For the reasons stated on the record at the hearing,IT IS ORDERED that the Defendants' #19 Motion to Dismiss is GRANTED in part and DENIED in part as stated on the record. The hearing transcript shall serve as the Opinion and Order of the Court. IT IS FURTHER ORDERED that Plaintiff shall have two weeks to file an Amended Complaint. FURTHER, the Court will permit Defense counsel to file a motion to dismiss after the filing of the amended complaint with respect to the claims regarding Heather Atwell only. (Copies have been distributed pursuant to the NEF - BEL)
August 25, 2016 Filing 45 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 8/25/2016.IT IS ORDERED that a hearing regarding #19 MOTION to Dismiss is set for September 22, 2016 at 12:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II.A hearing is set September 22, 2016 at 12:00 PM. Counsel for the parties are ordered to appear at this hearing. Failure to appear at the scheduled hearing time may result in the imposition of sanctions, including but not limited to monetary sanctions, granting of the opposing party's motion or case-dispositive sanctions. Each party shall have three days to notify the Courtroom Administrator by email if it is unable to attend and propose an alternative hearing time after consulting with opposing counsel. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
August 16, 2016 Filing 44 MINUTES OF PROCEEDINGS - Status Conference held on 8/16/2016 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Jeffrey Rugg, Esq.; Def Counsel: Robin Trupp, Esq., Vincent Aiello, Esq.; Court Reporter/FTR #: 9:30:57 - 9:54:28; Time of Hearing: 9:30am; Courtroom: 3B; The Court summarizes the previous proceedings. The Court has reviewed Counsels' Joint Status Report #43 . The Court will treat the Joint Status Report as a Motion to Compel Responses to the Interrogatories at Issue, and hearing the arguments of Counsel. IT IS ORDERED: The Motion to Compel is GRANTED/DENIED as follows: GRANTED to the limited extent that the Defendants shall respond to Request for Production #7, striking the Plaintiff's definition with respect to the offending language cited in the record from, "as well as all of their present or past employees, agents directors,..." through the end of that sentence. The Motion to Compel will be limited to providing documents sufficient to show organizational structure of the four defendant entities for the period of 2011 to 2014, including subsidiaries and affiliates. The request is overbroad in requesting the remainder of information about what real property each entity owns, the ownership interests of each entity, and each entity's obligation to any other, etc. The Motion to Compel is DENIED in all other respects. The Court advises Defense Counsel that, if the different entities have different answers to the discovery requests, it is incumbent on him to supplement the responses to make it clear what the different answers are. The Court hears representations from Defense Counsel. Defense Counsel has 14 days from today's date to supplement pursuant to this Court's Order. (no image attached) (Copies have been distributed pursuant to the NEF - JAM)
August 8, 2016 Filing 43 Joint STATUS REPORT by Plaintiffs Heather Atwell, Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Rugg, Jeffrey)
July 14, 2016 Filing 42 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/14/2016 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Jeffrey Rugg, Esq., Ben Reitc, Esq.; Def Counsel: Vincent Aiello, Esq.; Court Reporter/FTR #: 9:18:43 - 9:24:28; Time of Hearing: 9:15am; Courtroom: 3B; The Court hears representations of Counsel regarding Plainitiff's Motion to Extend Time #39 and any resolutions of their discovery disputes. IT IS ORDERED: Plainitiff's Motion to Extend Time #39 is GRANTED. Counsel are directed to meet and confer within two weeks from today's date to resolve any outstanding discovery disputes or reach an impasse. Counsel shall file a Joint Status Report within 21 days from today's date that shall articulate their respective positions with enough specificity for the Court to make a decision on the outstanding discovery issues. Status Conference set for 8/16/2016 @ 9:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. If Counsel do not have any disputes, they should indicate so in their report and the hearing will be automatically vacated. (Copies have been distributed pursuant to the NEF - JAM)
July 12, 2016 Filing 41 RESPONSE to #39 Motion to Extend Time/Shorten Time regarding Discovery or Nondispositive matter, filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. Replies due by 7/22/2016. (Trupp, Robin)
July 6, 2016 Filing 40 NOTICE of Hearing on #39 MOTION to Extend Time regarding discovery/nondispositive matter (First Request): Motion Hearing set for 7/14/2016, at 9:15 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (no image attached)(TKH)
July 5, 2016 Filing 39 MOTION to Extend Time regarding discovery/nondispositive matter (First Request) by Plaintiffs Heather Atwell, Heather Atwell, Heather Atwell, Resort Properties of America, Inc.. (Rugg, Jeffrey)
June 22, 2016 Filing 38 SUBPOENA Returned Executed as to Curo Banc, LLC (Rugg, Jeffrey)
June 13, 2016 Filing 37 Interim STATUS REPORT by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Smyth, James)
May 3, 2016 Opinion or Order Filing 36 PROTECTIVE ORDER re #35 Stipulation. Signed by Magistrate Judge Peggy A. Leen on 5/2/2016. (Copies have been distributed pursuant to the NEF - KR)
April 26, 2016 Filing 35 STIPULATION for Protective Order by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Trupp, Robin)
March 28, 2016 Opinion or Order Filing 33 ORDER Denying Defendants' #26 Motion to Stay. IT IS ORDERED that the parties' #27 Proposed Alternative Discovery Plan and Scheduling Order is Denied, and the following discovery plan and scheduling order dates shall apply: Discovery due by 8/10/2016. Motions due by 9/9/2016. Proposed Joint Pretrial Order due by 10/10/2016. Signed by Magistrate Judge Peggy A. Leen on 03/25/2016. (Copies have been distributed pursuant to the NEF - NEV)
March 25, 2016 Filing 34 MINUTES OF PROCEEDINGS - Motion Hearing held on 3/25/2016 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Jeffrey Rugg, Esq., Jeffrey Lavigne, Esq.; Def Counsel: James Smyth, Esq., Robin Trupp, Esq.; Court Reporter/FTR #: 9:03:06 - 9:35:31; Time of Hearing: 9:00am; Courtroom: 3B; The Court hears the arguments of Counsel regarding Plaintiff's Motion to Stay #26 . IT IS ORDERED: Plaintiff's Motion to Stay #26 is DENIED. The Court inquires what discovery Counsel intends to complete. The Court will enter a standard 180 day Discovery Plan and Scheduling Order. Separate Written Order shall issue.(no image attached) (Copies have been distributed pursuant to the NEF - JAM)
March 18, 2016 Opinion or Order Filing 32 ORDER Granting #31 Stipulation. Motion Hearing reset for 3/25/2016 09:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 3/18/16. (Copies have been distributed pursuant to the NEF - TR)
March 16, 2016 Filing 31 STIPULATION re 28 Notice of Hearing on Motion, ; to Continue Hearing on Motion to Stay by Plaintiffs Heather Atwell, Resort Properties of America, Inc.. (Rugg, Jeffrey)
March 10, 2016 Filing 30 REPLY to Response to #26 Motion to Stay filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Trupp, Robin)
February 29, 2016 Filing 29 RESPONSE to #26 Motion to Stay, filed by Plaintiffs Heather Atwell, Resort Properties of America, Inc.. Replies due by 3/10/2016. (Rugg, Jeffrey)
February 23, 2016 Filing 28 NOTICE of Hearing on #26 MOTION to Stay, and #27 Proposed Alternative Discovery Plans and Scheduling Order : Motion Hearing set for 3/22/2016, at 11:00 AM in LV Courtroom 3C before Magistrate Judge Peggy A. Leen. (no image attached)(TKH) Modified on 2/23/2016 (TKH).
February 12, 2016 Filing 27 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs Heather Atwell, Resort Properties of America, Inc. . (Rugg, Jeffrey)
February 12, 2016 Filing 26 MOTION to Stay by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. (Attachments: #1 Exhibit A)(Trupp, Robin)
January 11, 2016 Filing 25 REPLY to Response to #19 Motion to Dismiss filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Trupp, Robin)
December 23, 2015 Opinion or Order Filing 24 ORDER Granting Defendants' #23 Unopposed Motion to Extend Deadline to File Reply to Plaintiffs' #21 Response to Defendants' #19 Motion to Dismiss Replies due by 1/11/2016. Signed by Judge Richard F. Boulware, II on 12/23/2015. (Copies have been distributed pursuant to the NEF - NEV)
December 22, 2015 Filing 23 UNOPPOSED MOTION To Extend Deadline to File Reply re #21 Response to #19 Motion to Dismiss, #22 Errata by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. (Trupp, Robin)
December 18, 2015 Filing 22 ERRATA to #21 Response to Motion ; filed by Plaintiffs Heather Atwell, Resort Properties of America, Inc.. (Rugg, Jeffrey)
December 17, 2015 Filing 21 RESPONSE to #19 Motion to Dismiss, filed by Plaintiffs Heather Atwell, Resort Properties of America, Inc. Replies due by 12/27/2015. (Rugg, Jeffrey)
December 7, 2015 Filing 20 Joint STATUS REPORT Regarding Removed Action by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B, #4 Exhibit C)(Trupp, Robin)
November 30, 2015 Filing 19 MOTION to Dismiss by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. Responses due by 12/17/2015. (Trupp, Robin)
November 30, 2015 Filing 18 REQUEST for Judicial Notice re #1 Petition for Removal, ; by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit Composite B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Trupp, Robin)
November 24, 2015 Opinion or Order Filing 17 ORDER Granting #11 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael E Marder and approving Designation of Local Counsel James E. Smyth II for Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. Signed by Judge Richard F. Boulware, II on 11/24/15. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
November 23, 2015 Filing 16 DEMAND for Trial by Jury by Plaintiffs Heather Atwell, Heather Atwell, Heather Atwell, Resort Properties of America, Inc. . (Rugg, Jeffrey)
November 20, 2015 Filing 15 CERTIFICATE of Interested Parties filed by Heather Atwell, Heather Atwell(as Administrator of the Estate of David Atwell), Heather Atwell(Trustee of Atwell Family Trust, a Nevada trust), Resort Properties of America, Inc.. There are no known interested parties other than those participating in the case . (Rugg, Jeffrey)
November 20, 2015 Filing 14 STATEMENT RE: REMOVAL; filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Trupp, Robin)
November 20, 2015 Filing 13 NOTICE re: #4 MINUTE ORDER IN CHAMBERS; filed by Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Attachments: #1 Exhibit A)(Trupp, Robin)
November 18, 2015 Filing 12 CERTIFICATE of Interested Parties filed by Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent The David A. Siegel Revocable Trust for Central Florida Investments, Inc., Westgate Resorts, Inc.; Corporate Parent The David A. Siegel Irrevocable Trust, Corporate Parent Westgate Resorts Inc., Corporate Parent Central Florida Investments Inc. for Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd added. . (Trupp, Robin)
November 17, 2015 Filing 11 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael E. Marder and DESIGNATION of Local Counsel James E. Smyth II (Filing fee $ 250 receipt number 0978-3894893) filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. . (Smyth, James)
November 17, 2015 Opinion or Order Filing 10 ORDER Granting #6 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Brian R. Cummings for Defendants and approving Designation of Local Counsel James E. Smyth II. Signed by Judge Richard F. Boulware, II on 11/17/2015. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - NEV)
November 17, 2015 Filing 9 ERROR NOTICE to counsel re filing of #8 Certificate of Interested Parties. All interested parties were not properly entered on the docket. Attorney Robin R. Trupp advised to REFILE, Certificate of Interested Parties in accordance with FRCP 7.1 and LR 7.1-1, and enter on the docket all persons, associations of person, firms, partnerships or corporations which have a direct, pecuniary interest in the outcome of the case. (no image attached)(EDS)
November 16, 2015 Filing 8 ERROR: Interested Parties not entered by counsel. CORRECTION: Counsel advised to REFILE, in accordance with FRCP 7.1 and LR 7.1-1, and enter on the docket all persons, associations of person, firms, partnerships or corporations which have a direct, pecuniary interest in the outcome of the case. (EDS) CERTIFICATE of Interested Parties filed by Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. There are no known interested parties other than those participating in the case . (Trupp, Robin)
November 13, 2015 Opinion or Order Filing 7 ORDER Granting #5 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Robin S Trupp and approving Designation of Local Counsel James E. Smyth II for Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. Signed by Judge Richard F. Boulware, II on 11/13/15. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
November 10, 2015 Filing 6 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Brian R. Cummings and DESIGNATION of Local Counsel James E. Smyth II (Filing fee $ 250 receipt number 0978-3886093) filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. . (Smyth, James)
November 10, 2015 Filing 5 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robin S. Trupp and DESIGNATION of Local Counsel James E. Smyth II (Filing fee $ 250 receipt number 0978-3886079) filed by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc. . (Smyth, James)
November 5, 2015 Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II, on 11/5/2015. Statement regarding removed action is due by 11/23/2015. Joint Status Report regarding removed action is due by 12/8/2015. (Copies have been distributed pursuant to the NEF - NEV)
November 5, 2015 Filing 3 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (NEV)
November 5, 2015 Filing 2 NOTICE OF RELATED CASES 2:14-cv-01450 by Defendants Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd, Westgate Resorts, Inc.. (Smyth, James)
November 5, 2015 Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-15-725769-C, (Filing fee $ 400 receipt number 0978-3881347), filed by Westgate Resorts, Inc., Central Florida Investments, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts Ltd. Certificate of Interested Parties due by 11/15/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Smyth, James)
November 5, 2015 Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Peggy A. Leen. (NEV)

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Search for this case: Atwell et al v. Westgate Resorts, Inc. et al
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Defendant: Central Florida Investments, Inc.
Represented By: Brian R. Cummings
Represented By: Michael E Marder
Represented By: James Henry Turken
Represented By: Vincent J. Aiello
Represented By: Robin S Trupp
Represented By: James E Smyth, II
Represented By: Phillip A. Silvestri
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Defendant: Westgate Resorts Ltd
Represented By: Brian R. Cummings
Represented By: Michael E Marder
Represented By: James Henry Turken
Represented By: Vincent J. Aiello
Represented By: Robin S Trupp
Represented By: James E Smyth, II
Represented By: Phillip A. Silvestri
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Defendant: Westgate Resorts, Inc.
Represented By: Brian R. Cummings
Represented By: Michael E Marder
Represented By: James Henry Turken
Represented By: Vincent J. Aiello
Represented By: Robin S Trupp
Represented By: James E Smyth, II
Represented By: Phillip A. Silvestri
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Defendant: Westgate Las Vegas Resort, LLC
Represented By: Brian R. Cummings
Represented By: Michael E Marder
Represented By: James Henry Turken
Represented By: Vincent J. Aiello
Represented By: Robin S Trupp
Represented By: James E Smyth, II
Represented By: Phillip A. Silvestri
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Plaintiff: Heather Atwell
Represented By: Adam K. Bult
Represented By: Jeffrey S. Rugg
Represented By: Emily Anne Ellis
Represented By: Travis Franklin Chance
Represented By: Kirk B. Lenhard
Represented By: Jeffrey J. Lavigne
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Plaintiff: Resort Properties of America, Inc.
Represented By: Jeffrey S. Rugg
Represented By: Emily Anne Ellis
Represented By: Travis Franklin Chance
Represented By: Adam K. Bult
Represented By: Kirk B. Lenhard
Represented By: Jeffrey J. Lavigne
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