Harding et al v. Diamond Resorts Holdings, LLC et al
| Harding, Ilona Harding and Lester Thomas Harding |
| Diamond Resorts Holdings, LLC, Diamond Resorts U.S. Collection Members Association, Diamond Resorts International Marketing, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts Financial Services, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts International Club, Inc. and Diamond Resorts Developer & Sales Holding Company |
| 2:2017cv00248 |
| January 28, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Richard F Boulware |
| Jennifer A Dorsey |
| Cam Ferenbach |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 60
ORDER on Mandate as to #57 USCA Order DISMISSING #50 Notice of Appeal filed by Lester Thomas Harding, Ilona Harding. Signed by Judge Richard F. Boulware, II on 8/30/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 59
ORDER Granting #56 Stipulation of Dismissal with prejudice. Signed by Judge Richard F. Boulware, II on 8/30/2018.(Copies have been distributed pursuant to the NEF - ADR)
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Filing 57
ORDER of USCA, Ninth Circuit as to #50 Notice of Appeal. Pursuant to the stipulation of the parties this appeal is voluntarily dismissed. A copy of this order shall serve as and for the mandate of this court. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 56 STIPULATION of Dismissal by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. (Delikanakis, John) |
| Filing 55 DESIGNATION of Record on Appeal by Plaintiffs Ilona Harding, Lester Thomas Harding re #50 Notice of Appeal. (Albright, Mark) |
| Filing 53 COSTS TAXED in amount of $250.00 against Plaintiffs re #49 Bill of Costs. (AF) |
| Filing 54 TRANSCRIPT of Proceedings, 45 Motion Hearing, held on 11/17/2017, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 2/14/2018. Redacted Transcript Deadline is set for 2/24/2018. Release of the Transcript Restriction is set for 4/24/2018. 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) |
| Filing 52 Designation of Transcripts and Transcript Order forms and instructions for #50 Notice of Appeal. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov/Forms.aspx. (Attachments: #1 transcript order form) (EDS) |
| Filing 51 USCA ORDER for Time Schedule as to #50 Notice of Appeal filed by Lester Thomas Harding, Ilona Harding. USCA Case Number 18-15034. (Copies have been distributed pursuant to the NEF - SLD) |
| Filing 50 NOTICE OF APPEAL by Plaintiffs Ilona Harding, Lester Thomas Harding. Filing fee $ 505, receipt number 0978-4920276. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Albright, Mark) |
| Filing 49 BILL OF COSTS by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. Objection to Bill of Costs due by 1/4/2018. Tax Bill of Costs by 1/11/2018. (Cools, Joshua) |
| Filing 48 CLERK'S JUDGMENT. Signed by Clerk of Court Debra K. Kempi on 12/13/2017. (Copies have been distributed pursuant to the NEF - ADR) |
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Filing 47
ORDER. IT IS ORDERED that #18 Defendants' Motion to Compel Arbitration is GRANTED, and the case is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that #27 Plaintiffs' Motion to Strike is DENIED. IT IS FURTHER ORDERED that #34 Plaintiffs' Motion for Leave to File Supplemental Exhibit is DENIED. Signed by Judge Richard F. Boulware, II on 12/13/2017. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 46 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach on 11/22/2017. In light of Judge Boulwares upcoming decision on the motion to compel, the status hearing scheduled for 1:00 PM, November 27, 2017, is VACATED.(Copies have been distributed pursuant to the NEF - MT) |
| Filing 45 MINUTES OF PROCEEDINGS - Motion Hearing held on 11/17/2017 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Mark Albright, Esq., Robert Tarics, Esq., George Alvarez, Esq.; Def Counsel: John Delikanikis, Esq., Becca Wahlquist, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 2:19 PM - 3:10 PM; Courtroom: 7D.The Court makes preliminary statements and hears representation from plaintiff and defense counsel regarding the #18 Motion to Compel, #27 Motion to Strike #24 Reply to Response and #34 First Motion for Leave to File.For the reasons stated on the record at the hearing, the Court takes the motions under submission.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 44 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 11/16/2017. At the hearing set for November 17, 2017 at 2:00 PM, the Court will also address the #27 MOTION to Strike #24 Reply to Response to Motion, and #34 First MOTION for Leave to File. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
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Filing 43
ORDER Granting #42 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Becca J Wahlquist for Defendants and approving Designation of Local Counsel John S. Delikanakis. Signed by Judge Richard F. Boulware, II on 11/14/2017. 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 - ADR)
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| Filing 42 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Becca J. Wahlquist and DESIGNATION of Local Counsel John S. Delikanakis (Filing fee $ 250 receipt number 0978-4854009) by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. (Delikanakis, John) |
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Filing 41
ORDER. In light of Judge Boulware's hearing scheduled for 11/17/17, the status hearing scheduled for 11/13/17 is VACATED and RESCHEDULED to 1:00 PM, 11/27/17, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 11/9/17. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 40 NOTICE: of Attorney Action Required to #39 Notice of Change of Counsel. ERROR: Wrong event selected by attorney Mark Albright. Pursuant to LR IA 11-6 (b) ; No attorney may withdraw after appearance in a case except by leave of Court after notice served on affected client and opposing counsel. CORRECTION: Attorney is advised to refile the NOTICE using the appropriate MOTIONS or STIPULATION event pursuant to Local Rule IA 11-6 (b) and LR IC 2-2 (c). (EDS) |
| Filing 39 ERROR: Not filed in accordance with Local Rules. CORRECTION: Document terminated and counsel advised to refile. (EDS) NOTICE Notice of Change of Counsel and to be Removed from ECF Distribution List by Ilona Harding, Lester Thomas Harding. (Albright, Mark) |
| Filing 38 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 10/19/2017. At the request and agreement of the parties, IT IS ORDERED that the hearing regarding Diamond Resort Companies' #18 Motion to Compel Arbitration set for October 27, 2017 is vacated and RESET to November 17, 2017 at 2:00 PM in LV Courtroom 7D before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 37 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 10/17/2017. IT IS ORDERED that a hearing regarding #18 MOTION to Compel is set for October 27, 2017 at 11:00 AM in LV Courtroom 7D before Judge Richard F. Boulware, II.A hearing is set October 27, 2017. 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 at blanca_lenzi@nvd.uscourts.gov if unable to attend and propose an alternative hearing time after consulting with opposing counsel. (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 36 REPLY to Response to #34 Motion for Leave to File filed by Plaintiffs Ilona Harding, Lester Thomas Harding. (Albright, Mark) |
| Filing 35 RESPONSE to #34 Motion for Leave to File, filed by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. Replies due by 10/5/2017. (Delikanakis, John) |
| Filing 34 First MOTION for Leave to File, filed by Plaintiffs Ilona Harding, Lester Thomas Harding. (Albright, Mark) |
| Filing 33 NOTICE of Firm Name Change by Ilona Harding, Lester Thomas Harding. (Eck, Amber) |
| Filing 32 RESPONSE to #27 Motion to Strike, filed by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. Replies due by 5/19/2017. (Delikanakis, John) |
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Filing 31
ORDER Granting #29 Stipulation to Stay Litigation. IT IS FURTHER ORDERED that the hearing scheduled for 5/10/17 is VACATED. IT IS FURTHER ORDERED that a status hearing is scheduled for 10:00 AM, 11/13/17, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 5/9/17. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 30 ERRATA to #23 Response to Motion, #22 Response to Motion ; filed by Plaintiffs Ilona Harding, Lester Thomas Harding. (Albright, Mark) |
| Filing 29 STIPULATION re #19 Motion to Stay by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. (Delikanakis, John) |
| Filing 28 NOTICE of Appearance by attorney Amber L. Eck on behalf of Plaintiffs Ilona Harding, Lester Thomas Harding. (Eck, Amber) |
| Filing 27 MOTION to Strike #24 Reply to Response to Motion by Plaintiffs Ilona Harding, Lester Thomas Harding. Responses due by 5/15/2017. (Attachments: #1 Exhibit)(Albright, Mark) |
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Filing 26
ORDER. IT IS HEREBY ORDERED that a hearing on #19 Defendants' Motion to Stay Pending Ruling on Motion to Compel Arbitration is scheduled for 3:00 PM, 5/10/17, in Courtroom 3A. Signed by Magistrate Judge Cam Ferenbach on 5/1/17. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 25 REPLY to Response to #19 Motion to Stay, filed by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. (Cools, Joshua) |
| Filing 24 REPLY to Response to #18 Motion to Compel, filed by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. (Attachments: #1 Declaration)(Cools, Joshua) |
| Filing 23 RESPONSE to #18 Motion to Compel filed by Plaintiff Lester Thomas Harding. Replies due by 4/24/2017. (Albright, Mark) |
| Filing 22 RESPONSE to #19 Motion to Stay filed by Plaintiffs Ilona Harding, Lester Thomas Harding. Replies due by 4/24/2017. (Albright, Mark) |
| Filing 21 CERTIFICATE of Interested Parties filed by Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association that identifies all parties that have an interest in the outcome of this case. Corporate Parent Dakota Parent, Inc. for Diamond Resorts International,Inc.; Corporate Parent Diamond Resorts Management and Exchange Holding Company for Diamond Resorts International Club, Inc.; Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts U.S. Collection LLC; Corporate Parent Diamond Resorts Finance Holding Company for Diamond Resorts Financial Services, Inc.; Corporate Parent Diamond Resorts International, Inc. for Diamond Resorts Holdings, LLC; Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts International Marketing, Inc.; Corporate Parent Diamond Resorts Corporation, Other Affiliate Diamond Resorts U.S. Collection Members Association for Diamond Resorts Developer & Sales Holding Company; Corporate Parent Diamond Resorts Management and Exchange Holding Company for Diamond Resorts Management, Inc. added. DIAMOND RESORTS COMPANIES' CORPORATE DISCLOSURES STATEMENT. (Delikanakis, John) |
| Filing 20 Submission of PROPOSED ORDER on #19 Motion to Stay ; filed by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. (Delikanakis, John) |
| Filing 19 MOTION to Stay by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. (Delikanakis, John) Modified on 5/19/2017 (ADR). |
| Filing 18 MOTION to Compel by Defendants Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. Responses due by 4/17/2017. (Attachments: #1 Exhibit 1)(Delikanakis, John) |
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Filing 17
ORDER Granting #14 Stipulation for Extension of Time for Defendants to File a Responsive Pleading to Class Action Complaint. Answer due 4/3/2017. Signed by Magistrate Judge Cam Ferenbach on 2/27/17. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 16 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 2/27/2017. IT IS ORDERED that this case is reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:17-cv-00248-RFB-VCF. (no image attached) (Copies have been distributed pursuant to the NEF - EDS) |
| Filing 15 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey, on 2/27/2017. With good cause appearing, the Honorable Judge Jennifer A. Dorsey recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 14 STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint by Defendants Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. (Delikanakis, John) |
| Filing 13 CERTIFICATE of Interested Parties filed by Ilona Harding, Lester Thomas Harding that identifies all parties that have an interest in the outcome of this case. Corporate Parent Apollo Global Management, LLC, Corporate Parent Dakota Parent, Inc., Other Affiliate Dakota Merger Sub, Inc. for Ilona Harding, Lester Thomas Harding added. (Albright, Mark) |
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Filing 12
ORDER Granting #9 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Robert C. Tarics and approving Designation of Local Counsel Mark Albright. Signed by Judge Jennifer A. Dorsey on 2/3/17. 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 - ADR)
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Filing 11
ORDER Granting #8 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Kathryn Honecker and approving Designation of Local Counsel Mark Albright. Signed by Judge Jennifer A. Dorsey on 2/3/17. 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 - ADR)
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Filing 10
ORDER Granting #7 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Audra Petrolle for Ilona Harding and approving Designation of Local Counsel Mark Albright. Signed by Judge Jennifer A. Dorsey on 2/3/17. 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 - ADR)
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| Filing 9 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert C. Tarics and DESIGNATION of Local Counsel G. Mark Albright (Filing fee $ 250 receipt number 0978-4464780) filed by Plaintiffs Ilona Harding, Lester Thomas Harding . (Albright, Mark) |
| Filing 8 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kathryn Honecker and DESIGNATION of Local Counsel G. Mark Albright (Filing fee $ 250 receipt number 0978-4464769) filed by Plaintiffs Ilona Harding, Lester Thomas Harding . (Albright, Mark) |
| Filing 7 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Audra Petrolle and DESIGNATION of Local Counsel G. Mark Albright (Filing fee $ 250 receipt number 0978-4464686) filed by Plaintiffs Ilona Harding, Lester Thomas Harding . (Albright, Mark) |
| Filing 6 NOTICE: Attorney Action Required re: #5 Proposed Summons. ERROR: Summons not issued as party listed on summons is not a named defendant (Diamond Resorts U.S. Collection Development, LLC). CORRECTION: Pursuant to FRCP 4 summons are issued for each named defendant to be served. Attorney Mark Albright advised to download and complete updated "AO 440 (Rev. 06/12) Summons in a Civil Action" form from Court's Website www.nvd.uscourts.gov; listing a named defendant and refile as a separate event using "Proposed Summons to be Issued" event.(EDS) |
| Filing 5 PROPOSED SUMMONS to be issued Summons, filed by Plaintiffs Ilona Harding, Lester Thomas Harding. (Albright, Mark) |
| Filing 4 Summons Issued as to Diamond Resorts Developer & Sales Holding Company, Diamond Resorts Financial Services, Inc., Diamond Resorts Holdings, LLC, Diamond Resorts International Club, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts International,Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection LLC, Diamond Resorts U.S. Collection Members Association. (MMM) |
| Filing 3 PROPOSED SUMMONS to be issued Summons, filed by Plaintiffs Ilona Harding, Lester Thomas Harding. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Albright, Mark) |
| Filing 2 Summons Issued as to Diamond Resorts International,Inc. (JM) |
| Case assigned to Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach. (JM) |
| Filing 1 COMPLAINT Class Action Complaint against All Defendants (Filing fee $400 receipt number 0978-4455211), filed by Ilona Harding, Lester Thomas Harding. Proof of service due by 4/29/2017. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet, #4 Summons)(Albright, Mark) 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. |
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