Diamond Resorts International, Inc. et al v. Reed Hein & Associates, LLC et al
Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts Corporation and Diamond Resorts U.S. Collection Development, LLC |
Reed Hein & Associates, LLC dba Tiumeshare Exit Team, Trevor Hein, Brandon Reed, Scott Loughram, Reed Hein & Associates, LLC, Happy Hour Media Group, LLC, Thomas Parenteau, Mitchell Reed Sussman, Ken B. Privett, Schroeter, Goldmark & Bender, P.S., Reed Hein & Associates, LLC doing business as Timeshare Exit Team and Mitchell Reed Sussman doing business as The Law Offices of Mithcell Reed Sussman & Associates |
2:2017cv03007 |
December 6, 2017 |
US District Court for the District of Nevada |
Las Vegas Office |
Richard F Boulware |
Cam Ferenbach |
Andrew P Gordon |
Trademark |
15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
Defendant |
Docket Report
This docket was last retrieved on February 17, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 486 ORDER granting #485 Stipulation of Dismissal of Reed Hein & Associates, LLC, Brandon Reed, Trevor Hein,Thomas Parenteau, and Happy Hour Media Group, LLC. Signed by Judge Andrew P. Gordon on 2/17/2022. As no parties remain, this matter is closed. (Copies have been distributed pursuant to the NEF - DRS) |
Filing 485 STIPULATION of Dismissal by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 484 ORDER Denying without Prejudice #457 Motion to Compel. Signed by Magistrate Judge Cam Ferenbach on 1/27/2022.(Copies have been distributed pursuant to the NEF - KF) |
Filing 483 ORDER granting #482 Stipulation for Entry of Permanent Injunction as to TET Defendants. Signed by Judge Andrew P. Gordon on 1/14/2022. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 482 Joint STIPULATION for Entry of Permanent Injunction as to TET Defendants by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order for Injunction Against TET Defendants) (Silvestri, Phillip) |
Filing 481 ORDER Granting #480 Stipulation to Continue (First Request) to Complete the Settlement Activities and to File a Joint Stipulation for Dismissal re #474 Notice (Other). IT IS SO ORDERED that the Settling Parties have an additional 45 days to complete the settlement activities and to file a Joint Stipulation for Dismissal. Signed by Magistrate Judge Cam Ferenbach on 1/10/2022. (Copies have been distributed pursuant to the NEF - YAW) |
Filing 480 STIPULATION TO CONTINUE (First Request) to complete the settlement activities and to file a Joint Stipulation for Dismissal re #474 Notice (Other) by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Larsen, Robert) |
Filing 479 ORDER Granting #478 Stipulation of Dismissal. IT IS SO ORDERED that the Parties' Settlement Agreement, hereby jointly stipulate to dismissal of the claims asserted against Defendant Mitchell Reed Sussman d/b/a Mitchell Reed Sussman & Associates only, with prejudice, and with each of the Parties to bear their own attorneys' fees and costs. Signed by Judge Andrew P. Gordon on 12/28/2021.(Copies have been distributed pursuant to the NEF - YAW) |
Filing 478 STIPULATION of Dismissal (Sussman) by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 477 NOTICE of Settlement by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) |
Filing 476 ORDER Granting #475 Motion to Remove Attorney from Electronic Service List as to Attorney R. Scott Rasmussen for Plaintiffs. Signed by Magistrate Judge Cam Ferenbach on 12/6/2021.(Copies have been distributed pursuant to the NEF - ABG) |
Filing 475 MOTION to Remove Attorney from Electronic Service List by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Responses due by 12/17/2021. (Rasmussen, R.) |
Filing 474 NOTICE of Settlement (TET Defendants) by Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 473 MINUTES OF PROCEEDINGS - Status Conference held on 11/18/2021 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro; Pla Counsel: Phillip Silvestri; Def Counsel: Rachel Wise, Panda Kroll, Mitchell Sussman; Recording start and end times: 10:02 - 10:13 am; Courtroom: 3D; All parties appeared via video conference for this hearing. The parties discussed discovery deadlines and agree on the following deadlines: Initial Expert Disclosures deadline is December 16, 2021; Rebuttal Expert Disclosures deadline is January 14, 2022; Discovery deadline is February 1, 2022; Dispositive Motions Deadline is March 21, 2022;Proposed Joint Pretrial Order deadline is April 18, 2022. If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order. (no image attached) (Copies have been distributed pursuant to the NEF - TR) |
Filing 472 ORDER granting #471 Stipulation to Extend Deadlines. Signed by Magistrate Judge Cam Ferenbach on 11/12/2021. (Copies have been distributed pursuant to the NEF - DRS) |
Filing 471 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #467 Order Setting Hearing on Motion, #458 Order on Motion,, Order on Discovery Plan and Scheduling Order,,,,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 470 ORDER - The video status hearing scheduled for 12/8/2021 is VACATED and RESCHEDULED as follows: Status Conference set for 11/18/2021 at 10:00 AM by videoconference before Magistrate Judge Cam Ferenbach. For anyone who is not a party to the action, the call-in telephone number is (888) 273-3658, access code: 3912597, and the phone must be on mute. The call must be made five minutes prior to the hearing time. The court will join the call and convene the proceedings. Recording of the proceedings is prohibited. Signed by Magistrate Judge Cam Ferenbach on 10/19/2021. (Copies have been distributed pursuant to the NEF - DRS) |
Filing 469 TRANSCRIPT of Proceedings, 428 Order on Motion for Protective Order, Motion Hearing, held on 06/01/2021, before Magistrate Judge Cam Ferenbach. Court Reporter: Paige Christian, Paige_Christian@nvd.uscourts.gov. Any Redaction Request is due by 10/21/2021. Redacted Transcript Deadline is set for 10/31/2021. Release of the Transcript Restriction is set for 12/29/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PMC) |
Filing 468 ORDER re Status Hearing set for 12/8/2021 at 10:00 AM. Signed by Magistrate Judge Cam Ferenbach on 9/28/2021. (Copies have been distributed pursuant to the NEF - HAM) (Main Document 468 replaced on 9/28/2021) (EDS). Modified text on 9/28/2021 (EDS). |
Filing 467 ORDER re #466 Stipulation to Temporarily Stay Litigation in part Pending Settlement Negotiations. Status Hearing set for 12/8/2021 at 10:00 AM by videoconference before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 9/27/2021. (Copies have been distributed pursuant to the NEF - HAM) (Main Document 467 replaced on 9/28/2021) (EDS). Modified text on 9/28/2021 (EDS). |
Filing 466 Stipulation to Temporarily Stay Litigation in part Pending Settlement Negotiations by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Larsen, Robert) Modified on 9/28/2021 (EDS). |
Filing 465 TRANSCRIPT of Proceedings, 421 Motion Hearing, held on 05/17/2021, before Magistrate Judge Cam Ferenbach. Court Reporter: Paige Christian, Paige_Christian@nvd.uscourts.gov. Any Redaction Request is due by 10/5/2021. Redacted Transcript Deadline is set for 10/15/2021. Release of the Transcript Restriction is set for 12/13/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PMC) |
Filing 464 REPLY to Response to #457 Motion to Compel, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Silvestri, Phillip) |
Filing 463 ORDER Granting #462 Stipulation of Dismissal as to Schroeter, Goldemark & Bender. IT IS SO ORDERED that Plaintiff Diamond's claims against Defendant SGB shall be dismissed with prejudice, with each party to bear its own fees and costs. Signed by Judge Andrew P. Gordon on 9/9/2021.(Copies have been distributed pursuant to the NEF - YAW) |
Filing 462 STIPULATION of Dismissal as to Schroeter, Goldemark & Bender, P.S. only by Defendant Schroeter, Goldmark & Bender, P.S.. (Thongkham, Megan) Modified event on 9/9/2021 (EDS). |
Filing 461 RESPONSE to #457 Motion to Compel, by Defendant Reed Hein & Associates, LLC. Replies due by 9/14/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20) (Wise, Rachel) |
Filing 460 CERTIFICATE of Interested Parties by Diamond Resorts U.S. Collection Development, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent Diamond Resorts Corporation, Corporate Parent Diamond Resorts Developer and Sales Holding Company, Corporate Parent Hilton Grand Vacations, Inc., Corporate Parent Diamond Resorts Holding, LLC, Corporate Parent Hilton Grand Vacations Borrower LLC, Corporate Parent Hilton Grand Vacations Parent, LLC for Diamond Resorts U.S. Collection Development, LLC added. (Silvestri, Phillip) |
Filing 459 WITHDRAWAL of #453 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Defendants Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wrenn, Dione) |
Filing 458 ORDER. IT IS HEREBY ORDERED that the defendant's motion for clarification (ECF No. #454 ) and the parties' competing discovery plans: the defendant's discovery plan and scheduling order (ECF No. #455 ) and plaintiff's motion for adoption of spoliation discovery plan (ECF No. #456 ) are all Granted and Denied in Part. See Order for additional information. Signed by Magistrate Judge Cam Ferenbach on 8/26/2021. (Copies have been distributed pursuant to the NEF - YAW) |
Filing 457 FOURTH MOTION to Compel by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 9/6/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Index of Exhibits) (Silvestri, Phillip) |
Filing 456 MOTION for Adoption of Discovery Plan re 447 Order on Motion to Compel,,,, Motion Hearing,,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 9/6/2021. (Attachments: #1 Proposed Order Adopting Plaintiff's Proposed Spoliation Discovery Plan, #2 Exhibit Official Transcript of August 2, 2021 Hearing, #3 Declaration Chasity Porter, #4 Declaration Meet and Confer, #5 Exhibit Transcript of Audio Recording of Sales Consultation, #6 Declaration Daniel Regard, Computer Science Consultant, #7 Exhibit Def's Counsel Email re Audio Recordings, #8 Exhibit Plf's Counsel Email re RingCentral Records, #9 Index Exhibits to Motion) (Durieux, Michelle) |
Filing 455 Proposed Discovery Plan and Scheduling Order re 447 Order on Motion to Compel,,,, Motion Hearing,,, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Reed Hein & Associates, LLC. (Wrenn, Dione) |
Filing 454 MOTION for Clarification Regarding the Magistrate's Order Granting in Part and Denying in Part Diamond's Third Motion to Compel re 447 Order on Motion to Compel,,,, Motion Hearing,,, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. Responses due by 8/31/2021. (Attachments: #1 Exhibit 447 Minutes of Proceedings) (Wrenn, Dione) |
Filing 453 OBJECTION/APPEAL Magistrate Judge order or ruling under LR IB 3-1 re 447 Order on Motion to Compel,,,, Motion Hearing,,, by Defendant Reed Hein & Associates, LLC. Responses due by 8/30/2021. (Attachments: #1 Exhibit Transcript of August 2, 2021 Proceedings) (Wrenn, Dione) |
Filing 452 ORDER Granting #449 Stipulation for One-Week Enlargement of Deadline to Submit Discovery Plan (First Request). Discovery Plan due by 8/23/2021. Signed by Magistrate Judge Cam Ferenbach on 8/16/2021. (Copies have been distributed pursuant to the NEF - YAW) |
Filing 451 ORDER Denying #423 Motion for Leave to File Additional Evidence. Signed by Judge Andrew P. Gordon on 8/16/2021.(Copies have been distributed pursuant to the NEF - JQC) |
Filing 450 ORDER Denying #364 Objection and #380 Motion to Strike. Signed by Judge Andrew P. Gordon on 8/16/2021. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 449 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery And Proposed Order For One-Week Enlargement Of Deadline to Submit Discovery Plan by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) |
Filing 448 TRANSCRIPT of Proceedings, 447 Order on Motion to Compel, Motion Hearing held on 8/2/2021, before Magistrate Judge Cam Ferenbach. Court Reporter: Paige Christian, Paige_Christian@nvd.uscourts.gov. Any Redaction Request is due by 8/28/2021. Redacted Transcript Deadline is set for 9/7/2021. Release of the Transcript Restriction is set for 11/5/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PMC) (Main Document 448 replaced on 8/7/2021) (PMC). |
Filing 447 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/2/2021 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro; Pla Counsel: Richard Epstein, Phillip Silvestri, Jeffrey Backman, Michelle Durieux, Richard Jackson; Def Counsel: Rachel Wise, Panda Kroll, Leslie Benjamin; Recording start and end times: 10:06 - 10:33 am; Courtroom: 3D; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel. ORDERED that #424 is GRANTED in PART as stated on the record. The parties have until 8/16/2021 to file a 90 day discovery schedule regarding webinar recordings. The deadline to complete the webinar recording discovery is 11/2/2021. (Copies have been distributed pursuant to the NEF - TR) |
Filing 446 ORDER. IT IS HEREBY ORDERED that a video conference hearing is scheduled for 10:00 AM, August 2, 2021, on Plaintiff's Third Motion to Compel Defendant Reed Hein & Associates, LLC (ECF NO. #424 ). IT IS FURTHER ORDERED that counsel/the parties must email Courtroom Administrator, Tawnee Renfro at Tawnee_Renfro@nvd.uscourts.gov, with an email address to be used for the videoconference hearing by noon, July 30, 2021. Please see Order for additional information. Signed by Magistrate Judge Cam Ferenbach on 7/15/2021. (Copies have been distributed pursuant to the NEF - YAW) |
Filing 445 NOTICE of Appearance by attorney Rachel L. Wise on behalf of Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wise, Rachel) |
Filing 444 ORDER Granting #443 Motion to Remove Attorney from Electronic Service List. Signed by Magistrate Judge Cam Ferenbach on 7/7/2021. (Copies have been distributed pursuant to the NEF - MR) |
Filing 443 MOTION to remove attorney David T. Gluth, II from the Electronic Service List in this case by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wrenn, Dione) |
Filing 442 ORDER Granting #438 Stipulation re #380 Motion to Strike. Signed by Judge Andrew P. Gordon on 7/6/2021. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 441 REPLY to Response to #424 Third Motion to Compel, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1) (Backman, Jeffrey) |
Filing 440 ORDER Granting #439 Stipulation re #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1 by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Signed by Judge Andrew P. Gordon on 7/2/2021.(Copies have been distributed pursuant to the NEF - YAW) |
Filing 439 STIPULATION re #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 438 First STIPULATION re #380 Motion to Strike, by Defendant Schroeter, Goldmark & Bender, P.S.. (Thongkham, Megan) |
Filing 437 REPLY to Response to #423 Motion by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 436 RESPONSE to #424 Motion to Compel,,, by Defendant Reed Hein & Associates, LLC. Replies due by 6/18/2021. (Attachments: #1 Exhibit EXHIBIT 1 - WEBINAR DISCUSSIONS, #2 Exhibit EXHIBIT 2 - LATE APRIL 2021 EMAILS, #3 Exhibit EXHIBIT 3 - MAY 4, 2021 EMAILS) (Wrenn, Dione) |
Filing 435 ORDER granting #430 Stipulation to Extend Deadline to File Objections to Magistrate's 421 , 428 Orders. Signed by Judge Andrew P. Gordon on 6/9/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 434 RESPONSE to #423 Motion, #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. Replies due by 6/16/2021. (Wrenn, Dione) |
Filing 433 ORDER granting #431 Stipulation Re: #423 Motion. Responses due by 6/9/2021. Replies due by 6/30/2021. Signed by Judge Andrew P. Gordon on 6/8/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 432 ORDER granting #429 Stipulation Re: #424 Motion to Compel, Responses due by 6/11/2021. Replies due by 7/2/2021. Signed by Magistrate Judge Cam Ferenbach on 6/7/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 431 STIPULATION FOR EXTENSION OF TIME (First Request) re #423 Motion by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 430 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re 428 Order on Motion for Protective Order,,,,, Motion Hearing,,,, 421 Motion Hearing,,,,, by Defendant Schroeter, Goldmark & Bender, P.S.. (Thongkham, Megan) |
Filing 429 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #424 Motion to Compel,,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 428 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/1/2021 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro; Pla Counsel: Richard Epstein, Phillip Silvestri, Jeffrey Backman, Michelle Durieux; Def Counsel: David Gluth II, Dione Wrenn, Megan Thongkham, Panda Kroll; Recording start and end times: 1:04 - 1:53 pm; Courtroom: 3C; All parties appear via video conference, except for Mr. Epstein who appeared telephonically. The Court makes preliminary remarks and hears representations of counsel re #404 Motion for Protective Order. ORDERED that topic 25 is GRANTED in PART. Mr. Epstein is to provide counsel for the defendants the default rate information comparable to what their client was giving to the public when it was a publicly traded company on or before June 21, 2021. FURTHER ORDERED that topic 42 is GRANTED in PART, in that it is limited to the 1099's that pertain to the 366 timeshare owners at issue. The parties are to get together and further limit the scope down so that the plaintiffs have enough opportunity to prepare their witness and know which 1099's are going to be asked about. (Copies have been distributed pursuant to the NEF - TR) |
Filing 427 ORDER granting #426 Stipulation for electronically stored information. Signed by Magistrate Judge Cam Ferenbach on 5/28/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 426 STIPULATION For Electronically Stored Information by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Durieux, Michelle) Modified on 5/27/2021 (EDS). |
Filing 424 Third MOTION to Compel Reed Hein & Associates, LLC by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 6/7/2021. (Attachments: #1 Declaration Meet and Confer Declaration, #2 Exhibit Loughran Deposition Testimony, #3 Exhibit Reed Hein's Opposition to Motion for Sanctions, #4 Exhibit Chasity Porter Declaration, #5 Exhibit Reed Hein's 35th Supplemental Initial Disclosure, #6 Exhibit Stephanie Loosvelt Declaration, #7 Exhibit Webinar Sales Consultations, #8 Exhibit Diamond's Second RFP to Reed Hein, #9 Exhibit Reed Hein Training Manual, #10 Exhibit Reed Hein Internal Communication (9/25/2017), #11 Exhibit McTiernan Deposition Testimony, #12 Exhibit Excerpt from Audio Recording, #13 Exhibit Index of Exhibits) (Backman, Jeffrey) |
Filing 423 MOTION for Leave to File Additional Evidence re #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 6/7/2021. (Silvestri, Phillip) |
Filing 422 ORDER granting #417 Motion to Remove Attorney David T. Ochoa from Electronic Service List. Signed by Magistrate Judge Cam Ferenbach on 5/17/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 421 MINUTES OF PROCEEDINGS - Motion Hearing held on 5/17/2021 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro; Pla Counsel: Richard Epstein, Phillip Silvestri, Jeffrey Backman, Michelle Durieux; Def Counsel: David Gluth II, Megan Thongkham, Panda Kroll, Leslie Benjamin; Recording start and end times: 1:02 - 1:55 pm; Courtroom: 3D; All parties appeared via video conference. The Court makes preliminary remarks and hears representations of counsel regarding #404 Motion for Protective Order. ORDERED that the #404 Motion is GRANTED in regards to topics 7, 8, and 9. FURTHER ORDERED that the motion is GRANTED in regards to topics 10-12, 14, 16, 28-29, and 42, except there can be Rule 30(b)(6) depositions taken with regard to changes after the Arizona litigation. A Motion Hearing on topics 25 and 42 of #404 Motion for Protective Order is scheduled for June 1, 2021 at 1:00 pm in Courtroom 3C by video conference before Magistrate Judge Cam Ferenbach. Counsel must email Courtroom Administrator, Tawnee Renfro at Tawnee_Renfro@nvd.uscourts.gov, with an email address to be used for the video conference hearing by noon, May 28, 2021. (no image attached) (Copies have been distributed pursuant to the NEF - TR) |
Filing 420 DISREGARD - Docketed Twice in Error. ORDER granting #418 Fifth Stipulation to Extend time; Discovery due by 2/1/2022. Motions due by 3/21/2022. Proposed Joint Pretrial Order due by 4/18/2022. Signed by Magistrate Judge Cam Ferenbach on 5/17/2021. (Copies have been distributed pursuant to the NEF - DRS) Modified on 5/17/2021 (DRS). |
Filing 419 ORDER granting #418 Stipulation; Discovery due by 2/1/2022. Motions due by 3/21/2022. Proposed Joint Pretrial Order due by 4/18/2022. Signed by Magistrate Judge Cam Ferenbach on 5/17/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 418 STIPULATION FOR EXTENSION OF TIME (Fifth Request) re Discovery re #352 Order on Stipulation,, Scheduling Order, by Defendant Schroeter, Goldmark & Bender, P.S.. (Thongkham, Megan) |
Filing 417 MOTION to remove attorney David T. Ochoa, Esq. from the Electronic Service List in this case by Defendant Schroeter, Goldmark & Bender, P.S.. (Thongkham, Megan) |
Filing 416 ORDER Setting Hearing on #404 MOTION for Protective Order by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Motion Hearing set for 5/17/2021 at 01:00 PM by videoconference. Signed by Magistrate Judge Cam Ferenbach on 4/29/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 415 REPLY to Response to #404 Motion for Protective Order, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1) (Silvestri, Phillip) |
Filing 414 ORDER Granting #413 Stipulation for Extension of Time re #404 Motion for Protective Order (First Request). Replies due by 4/16/2021. Signed by Magistrate Judge Cam Ferenbach on 4/9/2021. (Copies have been distributed pursuant to the NEF - MR) |
Filing 413 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #404 Motion for Protective Order, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 412 RESPONSE to #404 Motion for Protective Order, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. Replies due by 4/8/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Gluth II, David) |
Filing 411 NOTICE of Manual Filing by Defendant Schroeter, Goldmark & Bender, P.S. re #410 Response,. Object: CD, Volume(s): 1, Description: Audios, manually filed with the Clerk's Office. (Thongkham, Megan) |
Filing 410 RESPONSE to #404 Motion for Protective Order, by Defendant Schroeter, Goldmark & Bender, P.S.. Replies due by 4/7/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Thongkham, Megan) |
Filing 409 ORDER Granting #408 Stipulation for Extension of Time re #404 Motion for Protective Order (First Request). Responses due by 4/1/2021. Signed by Magistrate Judge Cam Ferenbach on 3/16/2021. (Copies have been distributed pursuant to the NEF - MR) |
Filing 408 STIPULATION FOR EXTENSION OF TIME (First Request) Regarding Deadline to File Response re #404 Motion for Protective Order, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Gluth II, David) |
Filing 407 NOTICE of Filing Accessible Exhibits by Diamond Resorts U.S. Collection Development, LLC re #244 Response,, #401 Order,,. (Attachments: #1 Exhibit 1, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 16, #12 Exhibit 17, #13 Exhibit 25) (Silvestri, Phillip) |
Filing 406 ORDER granting #405 Stipulation to Extend time re: #404 Motion for Protective Order; Responses due by 4/1/2021. Signed by Magistrate Judge Cam Ferenbach on 3/12/2021. (Copies have been distributed pursuant to the NEF - DRS) |
Filing 405 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #404 Motion for Protective Order, by Defendant Schroeter, Goldmark & Bender, P.S.. (Thongkham, Megan) |
Filing 404 MOTION for Protective Order by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Index of Exhibits) (Silvestri, Phillip) |
Filing 403 REPLY to Response to #380 Motion to Strike, by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Declaration Thomas Breen) (Thongkham, Megan) |
Filing 402 ORDER denying #202 Motion to Dismiss. Signed by Judge Andrew P. Gordon on 3/1/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 401 AMENDED ORDER. IT IS ORDERED that plaintiff Diamond Resorts U.S. Collection Development, LLC's motions to seal (ECF Nos. #246 , #376 ) are GRANTED in part. IT IS FURTHER ORDERED that ECF Nos. 245 and 375 shall remain under seal. IT IS FURTHER ORDERED that by March 12, 2021, Diamond shall file publicly accessible versions of its exhibits with the redactions listed in this order. Signed by Judge Andrew P. Gordon on 2/26/2021. (Copies have been distributed pursuant to the NEF - HAM) Modified text on 2/26/2021 (MMM). |
Filing 400 ORDER granting in part #246 , #376 Motions to Seal. IT IS FURTHER ORDERED that ECF Nos. 245 and 375 shall remain under seal. IT IS FURTHER ORDERED that by March 12, 2021, Diamond shall file publicly accessible versions of its exhibits with the redactions listed in this order. Signed by Judge Andrew P. Gordon on 2/24/2021. (Copies have been distributed pursuant to the NEF - HAM) Modified text on 2/25/2021 (MMM). |
Filing 399 ORDER denying #382 Motion for Leave to File Reply. Signed by Judge Andrew P. Gordon on 2/22/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 398 ORDER denying as moot #373 Motion to Seal. IT IS FURTHER ORDERED that the clerk of court make ECF Nos. #364 , #372 , and #373 publicly available. Signed by Judge Andrew P. Gordon on 2/22/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 397 ORDER Granting #395 Stipulation for Extension of Time re #380 Motion to Strike (First Request). Replies due by 3/2/2021. Signed by Judge Andrew P. Gordon on 2/19/2021. (Copies have been distributed pursuant to the NEF - MR) |
Filing 396 NOTICE of Corrected Image/Document re #395 Stipulation by Defendant Schroeter, Goldmark & Bender, P.S.. (Service of corrected image is attached.) (Thongkham, Megan) |
Filing 395 VIEW #396 corrected image to STIPULATION FOR EXTENSION OF TIME (First Request) re #393 Response to #380 Motion to Strike, by Defendant Schroeter, Goldmark & Bender, P.S.. (Thongkham, Megan) Modified on 2/19/2021 to link to motion (MMM). Modified on 2/19/2021 (MMM). |
Filing 394 REPLY to Response to #382 Motion for Leave to File Document, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 393 RESPONSE to #380 Motion to Strike, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Replies due by 2/23/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Index of Exhibits) (Silvestri, Phillip) |
Filing 392 NOTICE of Corrected Image/Document re #391 Response, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Service of corrected image is attached.) (Wrenn, Dione) |
Filing 391 View Corrected Image #392 as to RESPONSE to #382 Motion for Leave to File Reply, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wrenn, Dione) Modified on 2/12/2021 to reflect correct document link (MMM). Modified on 2/16/2021 (EDS). |
Filing 390 ORDER granting #369 Stipulation to extend time to Respond to #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, Responses due by 1/25/2021. Signed by Judge Andrew P. Gordon on 2/10/2021. (Copies have been distributed pursuant to the NEF - DRS) |
Filing 389 ORDER granting #388 Stipulation to Extend Time to Respond to #382 Motion for Leave to File Document. Responses due by 2/12/2021. Signed by Judge Andrew P. Gordon on 2/10/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 388 First STIPULATION FOR EXTENSION OF TIME (First Request) Response re #382 Motion for Leave to File Document, by Defendant Reed Hein & Associates, LLC. (Wrenn, Dione) |
Filing 387 RESPONSE to #373 Motion to Seal by Defendant Schroeter, Goldmark & Bender, P.S.. Replies due by 2/16/2021. (Attachments: #1 Exhibit Declaration of Megan H. Thongkham, Esq.) (Thongkham, Megan) |
Filing 386 RESPONSE to #382 Motion for Leave to File Document, by Defendant Schroeter, Goldmark & Bender, P.S.. Replies due by 2/16/2021. (Attachments: #1 Exhibit Declaration of Megan H. Thongkham, Esq.) (Thongkham, Megan) |
Filing 385 ORDER granting #384 Stipulation to Extend Time to Respond to #380 Motion to Strike. Responses due by 2/15/2021. Signed by Judge Andrew P. Gordon on 2/8/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 384 STIPULATION FOR EXTENSION OF TIME (First Request) re #380 Motion to Strike, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 383 NOTICE of Change of Name by Schroeter, Goldmark & Bender, P.S.. (Thongkham, Megan) |
Filing 382 MOTION for Leave to File Reply re #371 Notice of Corrected Image/Document, #379 Response, #370 Response, #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 381 CLERK'S NOTICE of violation of Local Rules. ECF No. #379 was not filed pursuant to LR IA 10-3(b). Copies of pleadings or other documents filed in the pending matter must not be attached as exhibits or made part of an appendix..Attorney Megan Hummell is advised in the future to file documents pursuant to the Local Rules. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM) |
Filing 380 MOTION to Strike #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Defendant Schroeter, Goldmark & Bender, P.S.. Responses due by 2/8/2021. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration, #3 Exhibit Declaration, #4 Exhibit E-mail correspondence, #5 Exhibit Transcript, Modified on 1/26/2021: transcript is locked (MMM). #6 Exhibit Dockets) (Hummel, Megan) |
Filing 379 RESPONSE to #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit Transcript, Modified on 1/26/2021 to restrict access: Transcript is locked (MMM). #2 Exhibit Transcript, #3 Exhibit E-Mail Correspondence) (Hummel, Megan) |
Filing 378 NOTICE of Corrected Image/Document re #373 Motion to Seal by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Service of corrected image is attached.) (Attachments: #1 Exhibit 1) (Silvestri, Phillip) |
Filing 377 CLERK'S NOTICE of violation of Local Rules. Attorney Action Required to ECF No. #373 . Document incorrectly captioned as a Notice of Filing instead of a Motion to Seal.Attorney Phillip Silvestri is advised to correct the deficiency and refile using the event Notice of Corrected Image/Document and link to #373 . Do NOT link to this Notice. (no image attached) (MMM) |
Filing 376 MOTION to Seal 375 SEALED UNREDACTED DOCUMENT re #244 Response/ #374 Notice of Corrected Image/Document,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified on 1/22/2021 to add document link (MMM). |
Filing 374 NOTICE of Corrected Image/Document re #244 Response to #202 Motion to Dismiss, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Service of corrected image is attached.) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Index of Exhibits) (Silvestri, Phillip) Modified on 1/22/2021 to link to underlying motion (MMM). |
Filing 373 VIEW #378 corrected image to MOTION to Seal #371 Notice of Corrected Image/Document, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1) (Silvestri, Phillip) Modified on 1/22/2021 (MMM). |
Filing 371 NOTICE of Corrected Image/Document re #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Service of corrected image is attached.) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Silvestri, Phillip) |
Filing 370 RESPONSE to #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Defendant Reed Hein & Associates, LLC. (Wrenn, Dione) |
Filing 369 STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery re #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) |
Filing 368 NOTICE of Change of Address by Panda Kroll. (Kroll, Panda) |
Filing 367 ORDER granting #366 Stipulation to Extend Deadline to Respond to #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1; Responses due by 1/19/2021. Signed by Judge Andrew P. Gordon on 12/29/2020. (Copies have been distributed pursuant to the NEF - DRS) |
Filing 366 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #364 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) |
Filing 365 ORDER Granting #357 Motion to Substitute Attorney. Signed by Magistrate Judge Cam Ferenbach on 12/21/2020. (Copies have been distributed pursuant to the NEF - MR) |
Filing 364 OBJECTION/APPEAL Magistrate Judge order or ruling under LR IB 3-1 re 355 Order on Motion, #342 Order on Motion to Seal, Stipulation, Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion for Protective Order, #353 Order, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 1/1/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Silvestri, Phillip) |
Filing 363 ORDER granting #354 Stipulation extending deadline to object to Magistrate Order until 14 days following the court's final order (see order for details). Signed by Judge Andrew P. Gordon on 12/16/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 362 ORDER granting #359 Motion to Remove Attorney LeAnn Sanders from Electronic Service List. Signed by Magistrate Judge Cam Ferenbach on 12/14/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 361 ORDER granting #360 Motion to Remove Attorney Joseph A. Liebman from Electronic Service List. Signed by Magistrate Judge Cam Ferenbach on 12/14/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 360 MOTION to remove attorney Joseph A. Liebman, Bailey Kennedy from the Electronic Service List in this case by Defendant Mitchell Reed Sussman. (Liebman, Joseph) |
Filing 359 MOTION to remove attorney LeAnn Sanders, Courtney Christopher, Derek Linford from the Electronic Service List in this case by Defendant Ken B. Privett. (Sanders, LeAnn) |
Filing 358 TRANSCRIPT of Proceedings, 355 Order on Unopposed Motion,,,,,, Motion Hearing,,,,, held on 12/4/2020, before Magistrate Judge Cam Ferenbach. Transcriber: Heather Newman, HN@nvd.uscourts.gov. Any Redaction Request is due by 12/31/2020. Redacted Transcript Deadline is set for 1/10/2021. Release of the Transcript Restriction is set for 3/10/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the Transcriber. Transcript Order form is available on court website. After that date it may be obtained through the Transcriber or PACER. (HKN) |
Filing 357 MOTION to Substitute Attorney John P. Aldrich in for Attorney Joseph A. Liebman by Defendant Mitchell Reed Sussman. (Aldrich, John) |
Filing 356 LETTER dated 12/3/2020 from Alverson Taylor & Sanders to Judge Ferenbach re #353 Order. (JM) |
Filing 355 MINUTES OF PROCEEDINGS - Motion Hearing held on 12/4/2020 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro; Pla Counsel: Richard Epstein, Phillip Silvestri, Jeffrey Backman, Michelle Durieux, Corrine Gaxiola; Def Counsel: Megan Hummel, Dione Wrenn, Leslie Benjamin, Derek Linford; Recording start and end times: 1:05 - 1:59 PM; Courtroom: 3D; All parties appeared via video conference. The Court makes preliminary remarks and hears representations of counsel. ORDERED that #351 Joint UNOPPOSED MOTION for Clarification of Order is GRANTED IN PART, as set forth in ECF No. #353 and further discussed during today's hearing, and DENIED as to any other request. On the issue of internal communications, the parties report that they have reached an agreement on how to proceed. The court directed them to proceed and to contact the court in the future if they need assistance.IT IS FURTHER ORDERED that the Salesforce data must be produced in the same format Reid Hein used in the prior case, limited to the 366 customers at issue in this case. The parties are directed to meet and confer to work out an allocation of costs for this production along the lines suggested by the court. A stipulation or joint report stating competing positions must be filed by January 14, 2021. (Copies have been distributed pursuant to the NEF - TR) |
Filing 354 STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery re #342 Order on Motion to Seal, Order on Stipulation, Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion for Protective Order, #353 Order, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 353 ORDER Re: #351 Unopposed Motion. Motion Hearing set for 12/4/2020 at 01:00 PM in LV Courtroom 3D by videoconference before Magistrate Judge Cam Ferenbach. Reed Hein has until Monday, December 7, 2020 to supplement their discovery responses, if any, to Requests 47, 53, 57, 58, and 59. Counsel/the parties must email Courtroom Administrator, Tawnee Renfro at Tawnee_Renfro@nvd.uscourts.gov, with an email address to be used for the video conference hearing by noon, December 3, 2020. Signed by Magistrate Judge Cam Ferenbach on 11/23/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 352 ORDER granting #350 Stipulation; Discovery due by 11/3/2021. Motions due by 12/20/2021. Proposed Joint Pretrial Order due by 1/18/2022. Signed by Magistrate Judge Cam Ferenbach on 11/18/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 351 Joint UNOPPOSED MOTION for Clarification of Order re #342 Order on Motion to Seal, Order on Stipulation, Order on Motion to Compel, Order on Motion for Sanctions, Order on Motion for Protective Order, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 350 Fourth STIPULATION FOR EXTENSION OF TIME (Fourth Request) re Discovery Pre-Trial Deadlines re #191 Order on Stipulation,, Scheduling Order, by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) |
Filing 349 ORDER granting #345 Stipulation for Entry of Permanent Injunction as to Defendant Ken B. Privett. Signed by Judge Andrew P. Gordon on 11/17/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 348 ORDER granting #344 Stipulation to Extend Deadline to 12/2/2020, or until 14 days following the Court's order on any motion for clarification, whichever is later to file Objections to #342 Order. Signed by Judge Andrew P. Gordon on 11/17/2020.(Copies have been distributed pursuant to the NEF - JM) Modified to add language contained in order on 11/20/2020 (MAJ). |
Filing 347 ORDER granting #346 Stipulation of Dismissal with Prejudice as to Defendant Ken B. Privett; Signed by Judge Andrew P. Gordon on 11/17/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 346 STIPULATION of Dismissal with Prejudice by Defendant Ken B. Privett. (Sanders, LeAnn) |
Filing 345 STIPULATION for Entry of Permanent Injunction by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Proposed Order for Entry of Stipulated Permanent Injunction) (Silvestri, Phillip) |
Filing 344 STIPULATION FOR EXTENSION OF TIME (First Request) to File Objection to #342 Order by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified on 11/13/2020 (EDS). |
Filing 343 TRANSCRIPT of Proceedings, 341 Motion Hearing,,,,, held on 10/26/2020, before Magistrate Judge Cam Ferenbach. Transcriber: Heather Newman, HN@nvd.uscourts.gov. Any Redaction Request is due by 11/30/2020. Redacted Transcript Deadline is set for 12/10/2020. Release of the Transcript Restriction is set for 2/7/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the Transcriber. Transcript Order form is available on court website. After that date it may be obtained through the Transcriber or PACER. (HKN) |
Filing 342 ORDER granting #304 Motion to Seal; ORDER granting #312 Motion to Seal; ORDER granting #316 Motion; ORDER granting #326 Motion to Seal; ORDER granting #331 Stipulation; ORDER granting #335 Motion to Seal; ORDER granting in part and denying in part #252 Motion to Compel; ORDER granting #254 Motion to Seal; ORDER granting #258 Motion to Seal; ORDER granting in part and denying in part #264 Motion to Compel; ORDER granting #266 Motion to Seal; ORDER granting in part and denying in part #278 Motion to Compel; ORDER granting #280 Motion to Seal; ORDER granting in part and denying in part #284 Motion to Compel; ORDER granting #286 Motion to Seal; ORDER denying #289 Motion for Sanctions; ORDER granting #291 Motion to Seal; PROTECTIVE ORDER. ORDER granting in part and denying in part #296 Motion for Protective Order; defendants have until Wednesday, November 18, 2020 to supplement their discovery responses. Signed by Magistrate Judge Cam Ferenbach on 11/4/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 341 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/26/2020 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: E. Garcia; Pla Counsel: Richard Epstein, Phillip Silvestri, Jeffrey Backman, Michelle Durieux and Corrine Gaxiola; Def Counsel: David Gluth, II, Megan Hummel, Dione Wrenn, Panda Kroll, Derek Linford and Leslie Benjamin; Recording start and end times: 10:09a.m. - 11:55 a.m.; Courtroom: 3D; All parties appeared via Zoom. The Court makes preliminary remarks and hears representations of counsel as to #252 Motion to Compel, #254 Motion to Seal Exhibits 4 -7, #258 Motion to Seal Exhibits 4 - 7, #264 Motion to Compel, #266 Motion to Seal Exhibits, #278 Motion to Compel Discovery, #280 Motion to Seal #278 Motion to Compel, #284 Motion to Compel Discovery, #286 Motion to Seal Exhibit 8, #289 Motion for Sanctions, #291 Motion to Seal, #296 Motion for Protective Order, #304 Motion to Seal Reply, #312 Motion to Seal Exhibits, #316 Motion for Leave to File Additional Exhibits, #326 Motion to Seal Exhibits, #331 Stipulation for Extension of Time (Frist Request) re Discovery and #335 Motion to Seal #333 Reply.The Court takes the matters under submission, a written order to follow. A copy of this audio is to be given to all counsel who appeared for this hearing. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) Modified text on 10/26/2020 (EMG). |
Filing 340 ORDER. IT IS HEREBY ORDERED that a video conference hearing is scheduled for 10:00 AM, 10/26/2020, in Courtroom 3D before U.S. Magistrate Judge Cam Ferenbach, on #331 the Stipulation And [Proposed] Order To Extend Briefing Deadlines For Motion For Leave To File Additional Exhibit In Support Of Response To Motion To Compel and #335 Plaintiff's Motion To File Under Seal Its Reply To Its Second Motion To Compel And For Sanctions And Supporting Exhibits Nos. 4, 6-7, 10-11,And 13-14. Signed by Magistrate Judge Cam Ferenbach on 10/22/2020. (Copies have been distributed pursuant to the NEF - MR) |
Filing 339 REPLY to Response to #316 Motion, by Defendant Schroeter, Goldmark & Bender, P.S.. (Ochoa, David) |
Filing 338 NOTICE of Appearance by attorney David T. Ochoa on behalf of Defendant Schroeter, Goldmark & Bender, P.S.. (Ochoa, David) |
Filing 337 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach on 10/9/2020. Re: #326 MOTION to Seal Exhibits to #324 Reply. Motion Hearing set for 10/26/2020 at 10:00 AM in LV Courtroom 3D by videoconference before Magistrate Judge Cam Ferenbach. Parties must contact the Courtroom Administrator, Tawnee Renfro at Tawnee_Renfro@nvd.uscourts.gov, and provide an email address for the video conference by 12:00 PM, October 23, 2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 336 ERRATA to #333 Reply, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 16) (Durieux, Michelle) |
Filing 335 MOTION to Seal #333 Reply,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) |
Filing 333 REPLY to Response to #284 Motion to Compel,, #289 Motion for Sanctions, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Sealed Exhibit 4, #5 Exhibit 5, #6 Sealed Exhibit 6, #7 Sealed Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Sealed Exhibit 10, #11 Sealed Exhibit 11, #12 Exhibit 12, #13 Sealed Exhibit 13, #14 Sealed Exhibit 14, #15 Exhibit 15, #16 Sealed Exhibit 16, #17 Exhibit 17) (Durieux, Michelle) |
Filing 332 RESPONSE to #316 Motion, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Replies due by 10/14/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Silvestri, Phillip) |
Filing 331 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #316 Motion, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 330 ORDER granting #329 Stipulation; Re: #284 Motion to Compel. Replies due by 10/9/2020. Signed by Magistrate Judge Cam Ferenbach on 9/30/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 329 STIPULATION FOR EXTENSION OF TIME (Second Request) to Reply re #284 Motion to Compel, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified docket text on 9/30/2020 (MMM). |
Filing 328 ORDER granting #327 Motion to Remove Attorney Amanda A. Ebert from Electronic Service List. Signed by Magistrate Judge Cam Ferenbach on 9/30/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 327 MOTION to remove attorney Amanda A. Ebert, Esq. from the Electronic Service List in this case by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) |
Filing 326 MOTION to Seal Exhibits to #324 Reply, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) Modified text on 9/28/2020 (MMM). |
Filing 324 REPLY to #278 Motion to Compel,,,, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15) (Durieux, Michelle) |
Filing 323 ORDER granting #322 Stipulation to Extend Deadline to File Reply Re: #278 Motion to Compel. Replies due by 9/28/2020. Signed by Magistrate Judge Cam Ferenbach on 9/25/2020. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 322 STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery re #278 Motion to Compel,,,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 321 MINUTE ORDER Setting Hearing on #252 , #254 , #258 , #264 , #266 , #278 , #280 , #284 , #286 , #289 , #291 , #296 , #304 , #312 , #316 Motions. IT IS HEREBY ORDERED that a video conference hearing is scheduled for 10:00 AM, 10/26/2020, in Courtroom 3D before U.S. Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 9/24/2020. (Copies have been distributed pursuant to the NEF - MR) |
Filing 320 ORDER granting #319 Stipulation to take Depositions by Remote Means. Signed by Magistrate Judge Cam Ferenbach on 9/23/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 319 STIPULATION re Discovery by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 318 ORDER Granting #314 Stipulation for Extension of Time re #278 Motion to Compel (First Request). Replies due by 9/25/2020. Signed by Magistrate Judge Cam Ferenbach on 9/18/2020. (Copies have been distributed pursuant to the NEF - MR) |
Filing 317 ORDER granting #315 Stipulation to Extend Deadline to Reply to #309 Response to #284 Motion to Compel. Replies due by 10/2/2020. Signed by Magistrate Judge Cam Ferenbach on 9/18/2020. (Copies have been distributed pursuant to the NEF - DRS) |
Filing 316 MOTION for Leave to File Additional Exhibit re #310 Response, by Defendant Schroeter, Goldmark & Bender, P.S.. Responses due by 10/2/2020. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration, #3 Exhibit E-Mail Correspondence) (Hummel, Megan) |
Filing 315 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #284 Motion to Compel, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified docket text on 9/17/2020 (MMM). |
Filing 314 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #278 Motion to Compel, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified docket text on 9/17/2020 (MMM). |
Filing 313 REPLY to Response to #296 Motion for Protective Order by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Silvestri, Phillip) |
Filing 312 MOTION to Seal Exhibits to #310 Response, by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) |
Filing 310 RESPONSE to #278 Motion to Compel,,,, by Defendant Schroeter, Goldmark & Bender, P.S.. Replies due by 9/18/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Hummel, Megan) |
Filing 309 RESPONSE to #284 Motion to Compel, #289 MOTION for Sanctions, by Defendants Happy Hour Media Group, LLC, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. Replies due by 9/18/2020. (Wrenn, Dione) Modified on 9/11/2020 to add document link (MMM). |
Filing 308 ORDER granting #306 Stipulation Regarding Procedure for Depositions on Written Questions. Signed by Magistrate Judge Cam Ferenbach on 9/9/2020. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 307 RESPONSE to #296 Motion for Protective Order by Defendant Schroeter, Goldmark & Bender, P.S.. Replies due by 9/15/2020. (Attachments: #1 Exhibit Correspondence, #2 Exhibit Article, #3 Exhibit Article, #4 Exhibit Article, #5 Exhibit Article, #6 Exhibit Transcript) (Hummel, Megan) |
Filing 306 STIPULATION re Discovery (Procedure for Depositions on Written Questions) by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 305 ORDER granting #301 Stipulation; Re: #278 Motion to Compel. Responses due by 9/11/2020. Signed by Magistrate Judge Cam Ferenbach on 9/4/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 304 MOTION to Seal #302 Reply to Response to #64 Motion to Compel by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) Modified to link to underlying motion on 9/4/2020 (EDS). |
Filing 302 REPLY to Response to #264 Motion to Compel,,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit Meet and Confer Email, #2 Exhibit Customer Complaint, #3 Exhibit BBB Letter, #4 Exhibit Breen's Westgate Deposition, #5 Exhibit TET Internal Email, #6 Exhibit Meet and Confer Email, #7 Exhibit Sample Truncated Communications, #8 Exhibit C. Porter's Affidavit, #9 Exhibit TET Internal Email, #10 Index Exhibit Index) (Durieux, Michelle) |
Filing 301 STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery re #278 Motion to Compel,,,, by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) |
Filing 300 MINUTES OF PROCEEDINGS - Discovery Hearing held on 9/4/2020 before Magistrate Judge Cam Ferenbach. Pla Counsel: Appearing on behalf of Plaintiff Diamond Resorts U.S. Collection Development, LLC: Phillip A. Silvestri, Esq.; Michelle Durieux, Esq.; Def Counsel: Appearing on behalf of Defendants Reed Hein & Associates, LLC doing business as Timeshare Exit Team, Brandon Reed, Trevor Hein, Thomas Parenteau, Happy Hour Media Group, LLC: Robert S. Larsen, Esq., Panda Kroll, Esq.; Appearing on behalf of Defendant Mitchell Reed Sussman: Leslie Benjamin; Appearing on behalf of Defendant Schroeter, Goldmark & Bender, P.S.: Megan H. Hummel, Esq.; Appearing on behalf of Defendant Ken B. Privett: Derek Linford; Time of Hearing: 10:30 AM - 11:00 AM; (no image attached) (Copies have been distributed pursuant to the NEF - MT)The court held an in-chambers hearing at 10:30 AM, September 4, 2020, at the request of Plaintiffs counsel, Phillip A. Silvestri, Esq., to address privilege objections for the upcoming depositions on written questions. The court canvassed and heard representations from the parties. The court provided guidance on how the issue may be resolved. |
Filing 299 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach on 9/3/2020. Discovery Hearing set for 9/4/2020 at 10:30 AM before Magistrate Judge Cam Ferenbach. (no image attached) The court received a call from Phillip A. Silvestri, Esq. requesting a telephonic conference on privilege instructions for the upcoming depositions. Accordingly, IT IS HEREBY ORDERED that an in-chambers discovery hearing is scheduled for 10:30 AM, September 4, 2020, before Judge Cam Ferenbach.The call-in telephone number is (888) 273-3658, access code: 3912597. The call must be made five minutes prior to the hearing time. The court will join the call and convene the proceedings. To improve sound quality, the parties should use a land line, at all possible. The use of a speaker phone during the proceedings is prohibited.(Copies have been distributed pursuant to the NEF - MT) |
Filing 298 ORDER granting #297 Stipulation; Re: #289 Motion for Sanctions. Responses due by 9/11/2020. Signed by Magistrate Judge Cam Ferenbach on 9/3/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 297 First STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Motion to Compel Discovery and re #289 Motion for Sanctions, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wrenn, Dione) |
Filing 296 MOTION for Protective Order by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Declaration of Counsel) (Silvestri, Phillip) |
Filing 295 ORDER Granting #294 Stipulation for Extension of Time re #278 Motion to Compel (First Request). Responses due by 9/4/2020. Signed by Magistrate Judge Cam Ferenbach on 8/25/2020. (Copies have been distributed pursuant to the NEF - MR) |
Filing 294 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #278 Motion to Compel, by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) Modified text on 8/25/2020 (MMM). |
Filing 293 ORDER granting #288 Stipulation; Re: #264 Motion to Compel. Replies due by 9/4/2020. Signed by Magistrate Judge Cam Ferenbach on 8/20/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 292 ORDER granting #273 Stipulation to file Responses to #264 Motion to Compel; Responses due 8/14/2020. Signed by Magistrate Judge Cam Ferenbach on 8/20/2020. (Copies have been distributed pursuant to the NEF - JM) (Main Document 292 replaced on 8/20/2020) (JM). Modified on 8/20/2020 (JM). |
Filing 291 MOTION to Seal #289 Motion for Sanctions, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) |
Filing 289 MOTION for Sanctions by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 9/3/2020. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10) (Durieux, Michelle) |
Filing 288 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #264 Motion to Compel, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified event on 8/20/2020 (MMM). |
Filing 287 CLERK'S NOTICE of violation of Local Rules. Attorney Action Required to ECF No. #284 . Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed.Attorney Michelle Durieux is advised to refile the Motion for Sanctions contained within ECF No. #284 , using the "Motion for Sanctions" event to be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing two separate documents for each request or purpose. Do NOT refile the Motion to Compel. (no image attached) (MMM) |
Filing 286 MOTION to Seal Exhibit 8 re #284 Motion to Compel by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) Modified text on 8/19/2020 and added document link (MMM). |
Filing 284 MOTION to Compel Discovery From Reed Hein & Associates, LLC and For Sanctions by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 9/2/2020. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10) (Durieux, Michelle) Modified event on 8/19/2020 (MMM). |
Filing 283 CLERK'S NOTICE of violation of Local Rules. ECF No. #282 was not filed pursuant to LR IA 10-3(b). Copies of pleadings or other documents filed in the pending matter must not be attached as exhibits or made part of an appendix. Access to Exhibit A restricted by Court.Attorney Dionne Wrenn is advised in the future to file documents pursuant to the Local Rules. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM) |
Filing 282 RESPONSE to #264 Motion to Compel,,, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. Replies due by 8/21/2020. (Attachments: #1 Exhibit A 6/26/2020 Hearing Transcript for Telephonic Motion, #2 Exhibit B 8/7/2020 Email Requesting an Updated List of Owners, #3 Exhibit C Salesforce Data Extraction) (Wrenn, Dione) |
Filing 281 SURREPLY to #202 Motion to Dismiss, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1) (Silvestri, Phillip) Modified text on 8/13/2020 (EDS). |
Filing 280 MOTION to Seal #278 Motion to Compel,,,, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) |
Filing 278 MOTION to Compel Discovery by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Responses due by 8/25/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (sealed), #5 Exhibit 5 (sealed), #6 Exhibit 6, #7 Exhibit 7 (sealed), #8 Exhibit 8 (sealed), #9 Exhibit 9, #10 Exhibit 10 (sealed), #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 (sealed), #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16 (sealed), #17 Exhibit 17 (sealed), #18 Exhibit 18 (sealed), #19 Exhibit 19 (sealed), #20 Exhibit 20 (sealed), #21 Exhibit 21 (sealed), #22 Exhibit 22 (sealed), #23 Exhibit 23 (sealed), #24 Exhibit 24 (sealed), #25 Exhibit 25 (sealed), #26 Exhibit 26 (sealed), #27 Exhibit 27 (sealed), #28 Exhibit 28 (sealed), #29 Exhibit 29 (sealed), #30 Exhibit 30(sealed), #31 Exhibit 31 (sealed), #32 Exhibit 32 (sealed), #33 Exhibit 33 (sealed), #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36 (sealed), #37 Exhibit 37, #38 Exhibit 38) (Durieux, Michelle) |
Filing 277 REPLY to Response to #252 Motion to Compel, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Index of Exhibits) (Silvestri, Phillip) |
Filing 276 ORDER granting #275 Stipulation; Re: #264 Motion to Compel. Responses due by 8/14/2020. Signed by Magistrate Judge Cam Ferenbach on 8/10/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 275 First STIPULATION FOR EXTENSION OF TIME (First Request) to File Response re #264 Motion to Compel,,, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wrenn, Dione) |
Filing 274 NOTICE of Corrected Image/Document re #273 Stipulation, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Service of corrected image is attached.) (Wrenn, Dione) |
Filing 273 View Corrected Image #274 as to STIPULATION FOR EXTENSION OF TIME (Third Request) Regarding Deadline to File Responses to Plaintiff's Second Amended Complaint by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wrenn, Dione) Modified on 8/10/2020 (EDS). |
Filing 272 ORDER Granting #271 Motion for Leave to File Surreply re #202 Motion to Dismiss. See Order for deadlines. Signed by Judge Andrew P. Gordon on 8/6/2020. (Copies have been distributed pursuant to the NEF - MR) |
Filing 271 Joint MOTION for Leave to File Surreply re #202 Motion to Dismiss, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 270 ORDER granting #269 STIPULATION re Discovery (Remote Depositions Pursuant to Fed. R. Civ. P. 30). Signed by Magistrate Judge Cam Ferenbach on 8/5/2020. (Copies have been distributed pursuant to the NEF - DRS) |
Filing 269 STIPULATION re Discovery (Remote Depositions Pursuant to Fed. R. Civ. P. 31) by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 268 RESPONSE to #252 Motion to Compel, by Defendant Ken B. Privett. Replies due by 8/10/2020. (Attachments: #1 Exhibit) (Sanders, LeAnn) |
Filing 267 Joint STATUS REPORT re #190 Motion to Compel by Defendant Reed Hein & Associates, LLC. (Gluth II, David) Modified on 7/28/2020 to add document link (MMM). |
Filing 266 MOTION to Seal Exhibits re #264 Motion to Compel, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) Modified on 7/28/2020 (MMM). |
Filing 264 MOTION to Compel And For Sanctions by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 8/10/2020. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Sealed Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Sealed Exhibit 13, #14 Exhibit Sealed Exhibit 14, #15 Exhibit Sealed Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21) (Durieux, Michelle) |
Filing 263 NOTICE of Corrected Image/Document re #262 Status Report, by Defendant Schroeter, Goldmark & Bender, P.S.. (Service of corrected image is attached.) (Attachments: #1 Exhibit 1) (Hummel, Megan) |
Filing 262 VIEW #263 corrected image to Joint STATUS REPORT re #196 MOTION for Protective Order by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit 1) (Hummel, Megan) Modified on 7/27/2020 to add document link (MMM). Modified on 7/27/2020 (MMM). |
Filing 261 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #256 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. DO NOT refile. (no image attached) (MMM) |
Filing 260 NOTICE of Docket Correction to ECF No. #258 : Event changed by Court from "Motion for Miscellaneous Relief" to "Motion to Seal" pursuant to LR IC 2-2. (no image attached) (MMM) |
Filing 259 NOTICE of Docket Correction to ECF No. 257 : Event changed by Court from "Motion to Seal" to "Exhibits", pursuant to LR IC 2-2. (no image attached) (MMM) |
Filing 258 MOTION to Seal Exhibits 4-7 re #256 Reply, by Defendant Schroeter, Goldmark & Bender, P.S.. Responses due by 8/7/2020. (Attachments: #1 Exhibit 1) (Hummel, Megan) Modified event on 7/27/2020 (MMM). |
Filing 256 REPLY to Response to #202 MOTION to Dismiss, by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Cover Sheet - Under Seal), #5 Exhibit 5 (Cover Sheet - Under Seal), #6 Exhibit 6 (Cover Sheet - Under Seal), #7 Exhibit 7 (Cover Sheet - Under Seal)) (Hummel, Megan) Modified on 7/27/2020 to reflect correct docket entry relationship (MMM). |
Filing 255 RESPONSE to #246 Motion to Seal by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Hummel, Megan) |
Filing 254 MOTION to Seal EXHIBIT 1 re #252 MOTION to Compel by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified on 7/21/2020 to add document link (MMM). |
Filing 252 MOTION to Compel by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 8/3/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Index of Exhibits) (Silvestri, Phillip) |
Filing 251 TRANSCRIPT of Proceedings, 250 Order on Motion to Compel,,,,,,, Order on Motion for Judgment NOV,,,,,,, Order on Motion to Seal,,,,,,, Order on Motion for Protective Order,,,,,,,,,,,,,, Order on Motion for Leave to File Document,,,,,,,,,,,,,,,,,,,,,,,,,,,, Motion Hearing,,,,,, held on 06/26/2020, before Magistrate Judge Cam Ferenbach. Transcriber: Heather Newman, HN@nvd.uscourts.gov. Any Redaction Request is due by 7/29/2020. Redacted Transcript Deadline is set for 8/8/2020. Release of the Transcript Restriction is set for 10/6/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the Transcriber. Transcript Order form is available on court website. After that date it may be obtained through the Transcriber or PACER. (HKN) |
Filing 250 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/26/2020 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro; Pla Counsel: Richard Epstein, Phillip Silvestri, Jeffrey Backman, Michelle Durieux; Def Counsel: Robert Larsen, Joseph Liebman, David Gluth, II, Megan Hummel, Dione Wren, Panda Kroll, Derrick Linford, Stephanie Losvelt; Recording start and end times: 9:59 - 11:07 a.m.; Courtroom: 3D; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel. IT IS ORDERED that #190 Motion to Compel is GRANTED in PART as to 3, 6, 7, 34, and 44. The parties shall file a Status Report by July 27, 2020. IT IS FURTHER ORDERED that #193 Motion for Leave to Exceed the Deposition Limit is GRANTED. The Plaintiff may take 15 depositions of non-customers and up to 25 from the 366. The Defendants can also take 15 non-customer depositions and up to 10 customer depositions. IT IS FURTHER ORDERED that #195 , #197 . #207 , #218 , #234 , and #246 Motions to Seal are GRANTED. IT IS FURTHER ORDERED that #196 Motion for Protective Order is GRANTED in PART to the extent that the parties are to meet and confer and resolve the issues if possible before the August 17 deposition. If they can't resolve the issues, the parties can file a status report by July 27, 2020. IT IS FURTHER ORDERED that #198 Request for Judicial Notice and #201 Motion for Leave to File Supplemental Authority are GRANTED. The courtroom deputy will send an audio file to counsel. (Copies have been distributed pursuant to the NEF - TR) |
Filing 249 ORDER granting #246 Motion to Seal 245 Exhibits. Signed by Judge Andrew P. Gordon on 6/25/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 248 ORDER granting #247 Stipulation; Re: #202 Motion to Dismiss. Replies due by 7/24/2020. Signed by Judge Andrew P. Gordon on 6/24/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 247 STIPULATION FOR EXTENSION OF TIME (First Request) to Reply re #244 Response to #202 MOTION to Dismiss by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) Modified on 6/24/2020 to link to underlying motion (MMM). |
Filing 246 MOTION to Seal Exhibits to #244 Response, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified text on 6/22/2020 (MMM). |
Filing 244 RESPONSE to #202 Motion to Dismiss, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Replies due by 6/26/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Index of Exhibits) (Silvestri, Phillip) |
Filing 243 ORDER Setting Hearing on #207 MOTION to Seal, #218 MOTION to Seal #216 Response, #201 MOTION for Leave to File re #193 Motion, #195 MOTION to Seal EXHIBITS re #193 Motion to Exceed Deposition Limit, #234 MOTION to Seal, #196 MOTION for Protective Order, #193 MOTION for Leave to Exceed the Deposition Limit, #190 MOTION to Compel Discovery, #197 MOTION to Seal EXHIBITS #196 Motion for Protective Order. Motion Hearing set for 6/26/2020 at 10:00 AM. The call-in telephone number is (888) 273-3658, access code: 3912597. Signed by Magistrate Judge Cam Ferenbach on 6/4/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 242 ORDER granting #241 Stipulation; Re: #202 Motion to Dismiss. Responses due by 6/19/2020. Signed by Judge Andrew P. Gordon on 6/4/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 241 STIPULATION FOR EXTENSION OF TIME (Third Request) re #202 MOTION to Dismiss, #204 Notice of Corrected Image/Document, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified on 6/3/2020 (MMM). |
Filing 240 ORDER not approving #236 Stipulation; ORDER granting #239 Stipulation; Signed by Magistrate Judge Cam Ferenbach on 5/29/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 239 Amended STIPULATION re Discovery re: Reed Hein & Associates, LLC d/b/a Timeshare Exit Team's Non-Assertion of Privilege re #236 Stipulation by Defendant Ken B. Privett. (Sanders, LeAnn) |
Filing 238 ORDER granting #237 Stipulation; Re: #202 Motion to Dismiss. Responses due by 6/5/2020. Signed by Judge Andrew P. Gordon on 5/28/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 237 STIPULATION FOR EXTENSION OF TIME (Second Request) by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 236 STIPULATION re Discovery re: Reed Hein & Associates, LLC d/b/a Timeshare Exit Team to Waive the Attorney-Client Privilege by Defendant Ken B. Privett. (Sanders, LeAnn) |
Filing 235 REPLY to Response to #193 Motion,,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Index of Exhibits) (Durieux, Michelle) |
Filing 234 MOTION to Seal Exhibits 2 - 5 re #232 Reply by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) Modified on 5/20/2020 (MMM). |
Filing 232 REPLY to Response to #196 Motion for Protective Order by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Hummel, Megan) |
Filing 231 REPLY to Response to #190 Motion to Compel, by Defendant Reed Hein & Associates, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Gluth II, David) |
Filing 230 ORDER granting #228 Stipulation; Re: #193 Motion. Replies due by 5/20/2020. Signed by Magistrate Judge Cam Ferenbach on 5/15/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 229 REPLY to Response to #201 Motion for Leave to File Document by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1) (Silvestri, Phillip) |
Filing 228 STIPULATION FOR EXTENSION OF TIME (First Request) re #193 MOTION for Leave to Exceed the Deposition Limit by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified on 5/15/2020 to link to underlying motion (MMM). |
Filing 227 ORDER granting #226 Stipulation; Re: #202 Motion to Dismiss. Responses due by 5/29/2020. Signed by Judge Andrew P. Gordon on 5/13/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 226 STIPULATION FOR EXTENSION OF TIME (First Request) re #202 MOTION for Leave to Exceed the Deposition Limit, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified on 5/14/2020 to reflect correct docket entry relationship (MMM). |
Filing 225 JOINDER to #221 Response to #193 MOTION for Leave to Exceed the Deposition Limit, by Defendant Mitchell Reed Sussman. (Liebman, Joseph) Modified on 5/14/2020 to link to underlying motion (MMM). |
Filing 224 RESPONSE to #201 Motion for Leave to File Document by Defendant Schroeter, Goldmark & Bender, P.S.. Replies due by 5/20/2020. (Ebert, Amanda) |
Filing 223 ERRATA to #204 Notice of Corrected Image/Document re #202 MOTION to Dismiss by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit 1) (Hummel, Megan) Modified on 5/14/2020 to add document link (MMM). |
Filing 222 ORDER denying #176 Motion to Strike. Signed by Magistrate Judge Cam Ferenbach on 5/13/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 221 RESPONSE to #193 Motion,,, by Defendants Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Pltf Depo Notice Reed Hein & Assoc., #2 Exhibit Pltf Depo Notice Happy Hour Media Group, #3 Exhibit Order, #4 Exhibit Order) (Gluth II, David) |
Filing 220 ORDER granting #219 Stipulation; Re: #196 Motion for Protective Order. Replies due by 5/19/2020. Signed by Magistrate Judge Cam Ferenbach on 5/13/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 219 STIPULATION FOR EXTENSION OF TIME (First Request) re #196 MOTION for Protective Order by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) Modified on 5/13/2020 to link to underlying motion(MMM). |
Filing 218 MOTION to Seal #216 Response,,,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) |
Filing 216 RESPONSE to #196 Motion for Protective Order by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Replies due by 5/15/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 to be filed under seal, #5 Exhibit 5 to be filed under seal, #6 Exhibit 6, #7 Exhibit 7 to be filed under seal, #8 Exhibit 8 to be filed under seal, #9 Exhibit 9, #10 Exhibit 10 to be filed under seal, #11 Exhibit 11 to be filed under seal, #12 Exhibit 12 to be filed under seal, #13 Exhibit 13, #14 Exhibit 14 to be filed under seal, #15 Exhibit 15 to be filed under seal, #16 Exhibit 16 to be filed under seal, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19 to be filed under seal, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22 to be filed under seal, #23 Exhibit 23 to be filed under seal, #24 Exhibit 24 to be filed under seal, #25 Exhibit 25 to be filed under seal, #26 Exhibit 26 to be filed under seal, #27 Exhibit 27 to be filed under seal, #28 Exhibit 28 to be filed under seal, #29 Exhibit 29, #30 Exhibit 30 to be filed under seal, #31 Exhibit 31 to be filed under seal, #32 Index) (Durieux, Michelle) |
Filing 215 RESPONSE to #193 Motion,,, by Defendant Schroeter, Goldmark & Bender, P.S.. (Ebert, Amanda) |
Filing 214 RESPONSE to #190 Motion to Compel, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Replies due by 5/15/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Index) (Silvestri, Phillip) |
Filing 213 ORDER granting #193 Motion for Leave to Exceed Limit; ORDER granting #210 Motion to Extend Time; the deadline to file an opposition to the Motion for Leave to Exceed the Deposition Limit to take at least 50 additional oral depositions and 320 depositions by written questions (ECF No. 193) is extended up to and including May 13, 2020. Signed by Magistrate Judge Cam Ferenbach. (Copies have been distributed pursuant to the NEF - JM) Modified on 5/8/2020 (JM). |
Filing 212 NOTICE of Appearance by attorney Amanda Ebert on behalf of Defendant Schroeter, Goldmark & Bender, P.S.. (Ebert, Amanda) |
Filing 211 JOINDER to #210 Motion to Extend/Shorten Time by Defendant Mitchell Reed Sussman. (Liebman, Joseph) |
Filing 210 Joint MOTION to Extend Time (First Request) to File Response re #193 Motion,,, by Defendants Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Gluth II, David) |
Filing 209 ORDER. IT IS ORDERED that #208 the Stipulation To Extend Deadline To Respond To Reed Hein & Associates, LLC's Motion To Compel is DENIED. Given that the response is due today and the short extension request, IT IS ORDERED that the time for Plaintiff to file a response to TET's #190 Motion to Compel is extended to 5/8/2020. Signed by Magistrate Judge Cam Ferenbach on 5/6/2020. (Copies have been distributed pursuant to the NEF - JQC) Modified on 5/7/2020 (MMM). |
Filing 208 STIPULATION FOR EXTENSION OF TIME (First Request) re #190 Motion to Compel, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 207 MOTION to Seal 206 Exhibit to #205 Reply by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) Modified on 5/1/2020 to add document link (MMM). |
Filing 205 REPLY to Response to #176 Motion to Strike by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Index of Exhibits) (Silvestri, Phillip) |
Filing 204 NOTICE of Corrected Image/Document re #202 Motion to Dismiss by Defendant Schroeter, Goldmark & Bender, P.S.. (Service of corrected image is attached.) (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration, #3 Exhibit Declaration) (Hummel, Megan) |
Filing 203 REQUEST for Judicial Notice re #202 Motion to Dismiss by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Hummel, Megan) |
Filing 202 VIEW #204 corrected image to MOTION to Dismiss by Defendant Schroeter, Goldmark & Bender, P.S.. Responses due by 5/15/2020. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration, #3 Exhibit Declaration) (Hummel, Megan) Modified on 5/1/2020 (MMM). |
Filing 201 MOTION for Leave to File Supplemental Authority re #193 Motion,,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 198 REQUEST for Judicial Notice re #196 Motion for Protective Order by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit 1) (Hummel, Megan) |
Filing 197 MOTION to Seal EXHIBITS re #196 Motion for Protective Order by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) Modified text on 4/27/2020 (MMM). |
Filing 196 MOTION for Protective Order by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Hummel, Megan) |
Filing 195 MOTION to Seal EXHIBITS re #193 Motion for Leave to Exceed the Deposition Limit, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Durieux, Michelle) Modified text on 4/27/2020 (MMM). |
Filing 193 MOTION for Leave to Exceed the Deposition Limit by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 5/8/2020. (Attachments: #1 Declaration Meet and Confer, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Index Exhibit Index) (Durieux, Michelle) Modified event on 4/27/2020 (MMM). Modified to un-terminate on 5/15/2020 (JM). |
Filing 192 RESPONSE to #176 Motion to Strike by Defendant Mitchell Reed Sussman. Replies due by 5/1/2020. (Attachments: #1 Index Index of Exhibits, #2 Exhibit Exhibit 1 - Declaration of Mitchell Reed Sussman, #3 Exhibit Exhibit 2 - Gause Complaint) (Liebman, Joseph) |
Filing 191 ORDER granting #189 Stipulation; Discovery due by 5/7/2021. Motions due by 6/7/2021. Proposed Joint Pretrial Order due by 7/6/2021. Signed by Magistrate Judge Cam Ferenbach on 4/22/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 190 MOTION to Compel Discovery from Plaintiff by Defendants Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. Responses due by 5/6/2020. (Attachments: #1 Declaration, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Gluth II, David) |
Filing 189 Joint STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery Pretrial Deadlines re #155 Order on Stipulation,, Scheduling Order, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 188 ORDER granting #186 Stipulation as to Confidentiality and Non-Disclosure of Information. Signed by Magistrate Judge Cam Ferenbach on 4/21/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 187 ORDER that the sealed Exhibit 15 as filed in ECF NO. 183 will remain under seal. Signed by Magistrate Judge Cam Ferenbach on 4/20/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 186 STIPULATION re Discovery as to Confidentiality and Non-Disclosure of Information Subject to the Gramm-Leach-Bliley Act by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 185 WITHDRAWAL of #180 Motion to Seal by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 184 WITHDRAWAL of #178 Motion to Take Deposition,, by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 182 CLERK'S NOTICE and Attorney Action Required to ECF No. 179 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected or wrong image attached. The title of the docket entry does not match the title of the document. Counsel is advised to refile using the appropriate docket entry event and attaching the correct image. Document 179 terminated as filed in error. (no image attached) (MMM) |
Filing 181 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF Nos. #178 , 179 , and #180 were not filed pursuant to LR IC 5-1(b) by attorneys Michelle Durieux and Phillip Silvestri. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning these documents at this time. Do NOT refile. (no image attached) (MMM) |
Filing 180 MOTION to Seal Exhibit 15 to #178 MOTION for Leave to Exceed Deposition Limit by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip)Modified on 4/16/2020 to add document link (MMM). |
Filing 178 MOTION for Leave to Exceed Deposition Limit by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/29/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Index of Exhibits) (Silvestri, Phillip) Modified event on 4/16/2020 (MMM). |
Filing 177 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #176 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney Phillip Silvestri is advised to properly link all further filed documents. (no image attached) (MMM) |
Filing 176 MOTION to Strike re #163 Answer by Plaintiff Diamond Resorts U.S. Collection Development, LLC. Responses due by 4/24/2020. (Silvestri, Phillip) Modified on 4/12/2020 to add docket entry relationship (MMM). |
Filing 175 ANSWER to #157 Amended Complaint,, filed by Schroeter, Goldmark & Bender, P.S..(Hummel, Megan) |
Filing 174 ORDER granting #172 Stipulation; Motions due by 4/15/2020. Signed by Magistrate Judge Cam Ferenbach on 4/2/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 173 WITHDRAWAL OF MOTION re #171 Motion to Extend/Shorten Time by Diamond Resorts U.S. Collection Development, LLC . (Silvestri, Phillip) Modified event on 4/2/2020 (MMM). |
Filing 172 Fifth STIPULATION FOR EXTENSION OF TIME (Fifth Request) to File Motions Pursuant to FRCP 12(f) re #162 Answer to Amended Complaint, #163 Answer to Amended Complaint by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 171 MOTION to Extend Time (Fifth Request) re #162 Answer to Amended Complaint by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 170 ANSWER to #157 Second Amended Complaint for Damages and Injunctive Relief filed by Happy Hour Media Group, LLC.(Gluth II, David) |
Filing 169 ANSWER to #157 Second Amended Complaint for Damages and Injunctive Relief filed by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC.(Gluth II, David) |
Filing 168 ORDER granting #167 Stipulation; Schroeter, Goldmark & Bender, P.S. answer due 4/7/2020. Signed by Magistrate Judge Cam Ferenbach on 3/27/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 167 Fourth STIPULATION FOR EXTENSION OF TIME (Fourth Request) to file response re #157 Amended Complaint,, by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) |
Filing 166 ORDER granting #164 Stipulation; Defendants' Answer due 3/27/2020. Signed by Magistrate Judge Cam Ferenbach on 3/26/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 165 ORDER granting #159 Motion to Seal. Signed by Magistrate Judge Cam Ferenbach on 3/20/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 164 Third STIPULATION FOR EXTENSION OF TIME (Third Request) to file Responses re #157 Amended Complaint,, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wrenn, Dione) |
Filing 163 ANSWER to #157 Amended Complaint,, with Jury Demand filed by Mitchell Reed Sussman.(Liebman, Joseph) |
Filing 162 ANSWER to #157 Amended Complaint,, filed by Ken B. Privett.(Sanders, LeAnn) |
Filing 161 ORDER granting #152 Motion to Extend Time to file Second Amended Complaint. Signed by Magistrate Judge Cam Ferenbach on 3/2/2020.(Copies have been distributed pursuant to the NEF - JM) |
Filing 160 ORDER denying #110 Motion to Dismiss; ORDER denying #123 Motion for Leave to File Document; Signed by Judge Andrew P. Gordon on 3/2/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 159 MOTION to Seal by Plaintiff Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 157 Second AMENDED COMPLAINT against All Defendants by Diamond Resorts U.S. Collection Development, LLC. Removes parties. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (to be filed under seal), #3 Exhibit 3 (to be filed under seal), #4 Exhibit 4, #5 Exhibit 5 (to be filed under seal), #6 Exhibit 6 (to be filed under seal), #7 Exhibit 7 (to be filed under seal), #8 Exhibit 8 (to be filed under seal), #9 Exhibit 9 (to be filed under seal), #10 Exhibit 10 (to be filed under seal), #11 Exhibit 11) (Silvestri, Phillip) |
Filing 156 REPLY to Response to #152 Motion to Extend/Shorten Time, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 155 ORDER granting #153 Stipulation; Discovery due by 10/28/2020. Motions due by 11/23/2020. Proposed Joint Pretrial Order due by 12/28/2020. Signed by Magistrate Judge Cam Ferenbach on 2/18/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 154 RESPONSE to #152 Motion to Extend/Shorten Time, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. Replies due by 2/21/2020. (Wrenn, Dione) |
Filing 153 Joint STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery JOINT STIPULATION AND ORDER TO EXTEND by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wrenn, Dione) |
Filing 152 MOTION to Extend Time (Third Request) Deadline to File Second Amended Complaint re #146 Order on Stipulation,,, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1) (Silvestri, Phillip) |
Filing 151 WITHDRAWAL of #147 Motion, #148 Motion for Protective Order by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) |
Filing 150 CLERK'S NOTICE. Attorney Action Required to ECF No. #149 Notice - Other. Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile ECF No. #149 using the appropriate docket entry event, Withdrawal of Motion. (no image attached) (EDS) |
Filing 149 ERROR: Incorrect event selected. Counsel advised to refile.NOTICE of Withdrawal by Schroeter, Goldmark & Bender, P.S. re #147 Motion, #148 Motion for Protective Order. (Hummel, Megan) |
Filing 148 MOTION for Protective Order by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit Declaration of Megan H. Hummel, Esq., #2 Exhibit NIT) (Hummel, Megan) |
Filing 147 MOTION to Modify Subpoena by Defendant Schroeter, Goldmark & Bender, P.S.. Responses due by 1/31/2020. (Attachments: #1 Exhibit Declaration of Megan H. Hummel, Esq., #2 Exhibit NIT) (Hummel, Megan) |
Filing 146 ORDER granting #145 Stipulation;Second Amended Complaint deadline: 2/12/2020. Defendants' responses to the SAC will be due 30 days after the SAC is filed. Signed by Magistrate Judge Cam Ferenbach on 1/13/2020. (Copies have been distributed pursuant to the NEF - JM) |
Filing 145 STIPULATION FOR EXTENSION OF TIME (Second Request) re #144 Order on Stipulation,,, by Plaintiff Diamond Resorts Corporation. (Silvestri, Phillip) |
Filing 144 ORDER Granting #142 Stipulation to Extend Time to File Second Amended Complaint. Second Amended Complaint deadline: 1/13/2020. See Order for further deadlines. Signed by Magistrate Judge Cam Ferenbach on 12/20/2019. (Copies have been distributed pursuant to the NEF - ADR) |
Filing 143 NOTICE of Corrected Image/Document re #142 Stipulation, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Service of corrected image is attached.) (Wrenn, Dione) |
Filing 142 View Corrected Image #143 as to STIPULATION FOR EXTENSION OF TIME (First Request) to Extend Plaintiff's Deadline to File Second Amended Complaint and Defendants' Responses re #59 Amended Complaint, by Defendants Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wrenn, Dione) Modified on 12/19/2019 (EDS). |
Filing 141 ORDER granting in part #87 Motion to Dismiss; ORDER granting in part #88 Motion to Dismiss; ORDER denying #104 Motion for Leave to File Document; Amended Complaint deadline: 12/23/2019. Signed by Judge Andrew P. Gordon on 11/25/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 140 ORDER granting #139 Verified Petition for Permission for Jeffrey A. Backman to Practice Pro Hac Vice and approving Designation of Local Counsel Phillip Silvestri. Signed by Judge Andrew P. Gordon on 11/5/2019. 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) |
Filing 139 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jeffrey A. Backman, Esq. and DESIGNATION of Local Counsel Phillip A. Silvestri, Esq. (Filing fee $ 250 receipt number 0978-5764199) by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Admissions to Courts, #3 Affidavit in Support of Application) (Silvestri, Phillip) |
Filing 138 ORDER granting #137 Verified Petition for Permission for Richard W. Epstein to Practice Pro Hac Vice and approving Designation of Local Counsel Phillip Silvestri. Signed by Judge Andrew P. Gordon on 11/1/2019. 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) |
Filing 137 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Richard W. Epstein and DESIGNATION of Local Counsel Phillip Silvestri (Filing fee $ 250 receipt number 0978-5760420) by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 136 ORDER granting #134 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michelle E. Durieux for Diamond Resorts Corporation and approving Designation of Local Counsel Phillip Silvestri. Signed by Judge Andrew P. Gordon on 10/29/2019. 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) |
Filing 135 REPLY in Support of #125 Joinder to #110 Motion to Dismiss by Defendant Ken B. Privett. (Sanders, LeAnn) Modified text on 10/29/2019 and added docket entry relationship (MMM). |
Filing 134 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michelle E. Durieux and DESIGNATION of Local Counsel Phillip Silvestri (Filing fee $ 250 receipt number 0978-5755058) by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Silvestri, Phillip) |
Filing 133 ORDER granting #132 Motion to Substitute Attorney Attorney Richard Wayne Epstein,Jeffrey Aaron Backman,Phillip A. Silvestri for Diamond Resorts Corporation substituted for Attorney Michael Lee Gore; Michael James Quinn; Glennys Ortega Rubin; Daniel J. Barsky and Alfred Joseph Bennington, Jr.; Signed by Magistrate Judge Cam Ferenbach on 10/25/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 132 MOTION to Substitute Attorneys by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Bennington, A.) Event Modified by Court on 10/25/2019 (MMM). |
Filing 131 ORDER granting #130 Stipulation; SCHEDULING ORDER. Discovery due by 6/30/2020. Motions due by 7/24/2020. Proposed Joint Pretrial Order due by 8/28/2020. Signed by Magistrate Judge Cam Ferenbach on 10/24/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 130 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #33 Scheduling Order, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Rubin, Glennys) |
Filing 129 MEMORANDUM to #125 Joinder by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (, ) |
Filing 128 REPLY to #127 Response by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (, ) |
Filing 127 RESPONSE to #123 Motion for Leave to File Document, by Defendant Schroeter, Goldmark & Bender, P.S.. Replies due by 10/21/2019. (Hummel, Megan) |
Filing 126 ORDER granting Amended Protective Order. Signed by Magistrate Judge Cam Ferenbach on 10/10/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 125 JOINDER to #110 Motion to Dismiss by Defendant Ken B. Privett. (Attachments: #1 Exhibit Exhibit A) (Sanders, LeAnn) |
Filing 124 Proposed Order Submission NOTICE of Filing Amended Agreed Protective Order by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC re 120 Miscellaneous Hearing,,,. (Attachments: #1 Exhibit) (, ) Modified event on 10/8/2019 (EDS). |
Filing 123 MOTION for Leave to File Sur-Reply re #110 MOTION to Dismiss, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Bennington, A.) Modified on 10/4/2019 to reflect correct docket entry relationship (MMM). |
Filing 122 ORDER granting #121 Motion to Remove Attorney J. William Ebert from Electronic Service List. Signed by Magistrate Judge Cam Ferenbach on 10/2/2019.(Copies have been distributed pursuant to the NEF - JM) |
Filing 121 MOTION to remove attorney J. William Ebert from the Electronic Service List in this case by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) |
Filing 120 MINUTES OF PROCEEDINGS - Hearing re motion to compel #106 held on 10/1/2019 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Pla Counsel: Daniel Barsky and Gregory Kraemer; Def Counsel: Joseph Liebman, Megan Hummel, Joe Garin, Dione Wrenn, Robert Larsen and Courtney Christopher; Recording start and end times: 1:31 - 2:09; Courtroom: 3D; The court canvasses and hears representations and arguments from the parties. ORDERED motion to compel #106 is GRANTED IN PART and DENIED IN PART, as stated on the record. FURTHER ORDERED parties are to submit proposed amended protective order to the court by 10/8/19 and the deadline to produce documents in the privilege log is 11/7/19, as stated on the record. The clerk will provide counsel with a courtesy copy of the audio recording of this hearing. (no image attached) (Copies have been distributed pursuant to the NEF - JAR) |
Filing 119 REPLY to Response to #110 Motion to Dismiss by Defendant Schroeter, Goldmark & Bender, P.S.. (Hummel, Megan) |
Filing 118 ORDER Setting Hearing on #106 MOTION to Compel Production of Documents by Plaintiffs Diamond Resorts Corporation. Motion Hearing set for 10/1/2019 at 01:30 PM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 9/23/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 117 ORDER granting #116 Verified Petition for Permission for Michael J. Quinn to Practice Pro Hac Vice and approving Designation of Local Counsel Kimberly Maxson-Rushton. Signed by Judge Andrew P. Gordon on 9/23/2019. 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) |
Filing 116 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael J. Quinn and DESIGNATION of Local Counsel Kimberly Maxson-Rushton (Filing fee $ 250 receipt number 0978-5710255) by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Kraemer, Gregory) |
Filing 115 RESPONSE to #110 Motion to Dismiss by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Replies due by 9/27/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (, ) |
Filing 114 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #113 was not filed pursuant to LR IC 5-1(b) by attorneys Alfred Bennington, Jr. and Gregory Kraemer. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM) |
Filing 113 REPLY to Response to #106 Motion to Compel, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit)(Kraemer, Gregory) |
Filing 112 REPLY to Response to #104 Motion for Leave to File Document, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Alfred Joseph Bennington, Jr.) Modified event and text on 9/11/2019 (MMM). |
Filing 111 REQUEST for Judicial Notice re #110 Motion to Dismiss by Defendant Schroeter, Goldmark & Bender, P.S.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Hummel, Megan) |
Filing 110 MOTION to Dismiss by Defendant Schroeter, Goldmark & Bender, P.S.. Responses due by 9/20/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Hummel, Megan) |
Filing 109 RESPONSE to #104 Motion for Leave to File Document, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. Replies due by 9/12/2019. (Wrenn, Dione) |
Filing 108 NOTICE of In Camera Submission of: 1. May 14, 2016 Limited Power of Attorney (Hiring Attorney) [TET_00033726]; and 2. Jan. 5, 2017 Special Power of Attorney [TET_00029814 - TET_00029818] by Mitchell Reed Sussman re #107 Response. (Liebman, Joseph) |
Filing 107 RESPONSE to #106 Motion to Compel, by Defendant Mitchell Reed Sussman. Replies due by 9/12/2019. (Attachments: #1 Index, #2 Exhibit 1) (Liebman, Joseph) |
Filing 106 MOTION to Compel PRODUCTION OF DOCUMENTS by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Responses due by 9/5/2019. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Kraemer, Gregory) |
Filing 105 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #104 was not filed pursuant to LR IC 5-1(b) by attorneys Alfred J. Bennington, Jr. and Glennys Ortega Rubin. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM) |
Filing 104 MOTION for Leave to File Notice of Supplemental Authority and Incorporated Memorandum of Points and Authorities re #87 Motion to Dismiss, #88 Motion to Dismiss by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Rubin, Glennys) |
Filing 103 ORDER granting #102 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Leslie Benjamin for Mitchell Reed Sussman and approving Designation of Local Counsel Joseph A. Liebman. Signed by Judge Andrew P. Gordon on 7/9/2019. 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) |
Filing 102 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Leslie Benjamin and DESIGNATION of Local Counsel Joseph A. Liebman (Filing fee $ 250 receipt number 0978-5614784) by Defendant Mitchell Reed Sussman. (Liebman, Joseph) |
Filing 101 REPLY to Response to #87 Motion to Dismiss by Defendants Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Gluth II, David) |
Filing 100 REPLY to Response to #88 Motion to Dismiss by Defendant Happy Hour Media Group, LLC. (Wrenn, Dione) |
Filing 99 ORDER granting #98 Stipulation; Re: #87 Motion to Dismiss, #88 Motion to Dismiss. Replies due by 4/8/2019. Signed by Judge Andrew P. Gordon on 4/1/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 98 STIPULATION FOR EXTENSION OF TIME (First Request) To File Reply Briefs in Support of Motions to Dismiss re #96 Response, #97 Response, by Defendants Happy Hour Media Group, LLC, Trevor Hein, Scott Loughram, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Gluth II, David) |
Filing 97 RESPONSE to #88 Motion to Dismiss by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Replies due by 4/1/2019. (Kraemer, Gregory) |
Filing 96 RESPONSE to #87 Motion to Dismiss by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Replies due by 4/1/2019. (Kraemer, Gregory) |
Filing 95 ORDER granting #94 Stipulation; Re: #87 Motion to Dismiss, #88 Motion to Dismiss. Responses due by 3/25/2019. Signed by Judge Andrew P. Gordon on 3/8/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 94 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Motions to Dismiss by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Maxson-Rushton, Kimberly) |
Filing 93 WITHDRAWAL of #88 Motion to Dismiss by Defendant Ken B. Privett. (Sanders, LeAnn) |
Filing 92 ANSWER to #59 Amended Complaint, filed by Schroeter, Goldmark & Bender, P.S..(Ebert, J.) |
Filing 91 CERTIFICATE of Interested Parties by Schroeter, Goldmark & Bender, P.S.. There are no known interested parties other than those participating in the case (Hummel, Megan) |
Filing 90 CERTIFICATE of Interested Parties by Mitchell Reed Sussman. There are no known interested parties other than those participating in the case (Liebman, Joseph) |
Filing 89 ANSWER to #59 Amended Complaint, with Jury Demand filed by Mitchell Reed Sussman.(Liebman, Joseph) |
Filing 88 MOTION to Dismiss #59 Amended Complaint, by Defendant Happy Hour Media Group, LLC. Responses due by 3/14/2019. (Larsen, Robert) |
Filing 87 MOTION to Dismiss #59 Amended Complaint, by Defendant Reed Hein & Associates, LLC. Responses due by 3/14/2019. (Gluth II, David) |
Filing 86 MOTION to Dismiss by Defendant Ken B. Privett. Responses due by 3/14/2019. (Sanders, LeAnn) |
Filing 85 ORDER granting #84 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael L. Gore for Diamond Resorts Corporation and approving Designation of Local Counsel Kimberly Maxson-Rushton. Signed by Judge Andrew P. Gordon on 2/25/2019. 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) |
Filing 84 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael L. Gore and DESIGNATION of Local Counsel Kimberly Maxson-Rushton (Filing fee $ 250 receipt number 0978-5444011) by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Maxson-Rushton, Kimberly) |
Filing 83 ORDER granting #82 Stipulation; Reed Hein & Associates, LLC and Happy Hour Media Group, LLC answer due 2/28/2019. Signed by Magistrate Judge Cam Ferenbach on 2/19/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 82 STIPULATION FOR EXTENSION OF TIME (Second Request) re #59 Amended Complaint, by Defendant Reed Hein & Associates, LLC. (Gluth II, David) |
Filing 81 CERTIFICATE of Interested Parties by Ken B. Privett. There are no known interested parties other than those participating in the case (Sanders, LeAnn) |
Filing 80 ANSWER to #59 Amended Complaint, filed by Ken B. Privett.(Sanders, LeAnn) |
Filing 79 NOTICE of Appearance by attorney Dione C Wrenn on behalf of Defendants Happy Hour Media Group, LLC, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Wrenn, Dione) |
Filing 78 ORDER granting #76 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Mitchell R Sussman for Mitchell Reed Sussman and approving Designation of Local Counsel Joseph A. Liebman. Signed by Judge Andrew P. Gordon on 2/5/2019. 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) |
Filing 77 ORDER granting #74 Stipulation; Mitchell Reed Sussman answer due 2/28/2019. Signed by Magistrate Judge Cam Ferenbach on 2/5/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 76 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Mitichell Reed Sussman and DESIGNATION of Local Counsel Joseph A. Liebman (Filing fee $ 250 receipt number 0978-5418639) by Defendant Mitchell Reed Sussman. (Liebman, Joseph) |
Filing 75 ORDER granting #73 Stipulation; Happy Hour Media Group, LLC answer due 2/28/2019. Signed by Magistrate Judge Cam Ferenbach on 2/5/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 74 First STIPULATION re #59 Amended Complaint, by Defendant Mitchell Reed Sussman. (Liebman, Joseph) |
Filing 73 STIPULATION and Order to Extend Time to File Answer to Amended Complaint re #59 Amended Complaint, by Defendant Happy Hour Media Group, LLC. (Larsen, Robert) |
Filing 72 CERTIFICATE of Interested Parties by Happy Hour Media Group, LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Makayamax, Inc., Other Affiliate Chris Holcomb for Happy Hour Media Group, LLC added. (Larsen, Robert) |
Filing 71 ORDER granting #69 Stipulation; Hein & Associates answer due 2/19/2019. Signed by Magistrate Judge Cam Ferenbach on 1/30/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 70 ORDER granting #68 Stipulated Rule 502(d); Signed by Magistrate Judge Cam Ferenbach on 1/29/2019. (Copies have been distributed pursuant to the NEF - JM) |
Filing 69 FIRST STIPULATION to Extend Time to File Answer to #59 Amended Complaint , filed by Defendants Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Larsen, Robert) |
Filing 68 STIPULATION Rule 502(d) Order by Defendants Trevor Hein, Scott Loughram, Brandon Reed, Reed Hein & Associates, LLC. (Larsen, Robert) |
Filing 67 NOTICE of Change of Address by Panda Kroll. (Kroll, Panda) |
Filing 66 Summons Issued as to Happy Hour Media Group, LLC, Thomas Parenteau, Ken B. Privett, Schroeter, Goldmark & Bender, P.S., Mitchell Reed Sussman. (JM) |
Filing 65 PROPOSED SUMMONS to be issued by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Maxson-Rushton, Kimberly) |
Filing 64 PROPOSED SUMMONS to be issued by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Maxson-Rushton, Kimberly) |
Filing 63 PROPOSED SUMMONS to be issued by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Maxson-Rushton, Kimberly) |
Filing 62 PROPOSED SUMMONS to be issued by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Maxson-Rushton, Kimberly) |
Filing 61 PROPOSED SUMMONS to be issued by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Maxson-Rushton, Kimberly) |
Filing 59 AMENDED COMPLAINT against All Defendants by Diamond Resorts Management, Inc., Diamond Resorts International, Inc., Diamond Resorts Corporation, Diamond Resorts U.S. Collection Development, LLC. Adds new parties. Proof of service due by 4/4/2019. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Maxson-Rushton, Kimberly) |
Filing 58 ORDER granting #57 Motion to Remove Attorney Kevin M. McCormick from Electronic Service List. Signed by Magistrate Judge Cam Ferenbach on 12/18/2018.(Copies have been distributed pursuant to the NEF - JM) |
Filing 57 MOTION to remove attorney Kevin M. McCormick from the Electronic Service List in this case by Defendants Trevor Hein, Scott Loughram, Brandon Reed, Reed Hein & Associates, LLC. (Larsen, Robert) |
Filing 56 (1st Notice) Pursuant to Local Rule IC 2-1: that Kevin M. McCormick is in violation of Local Rule IC 2-1. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (EDS) |
Filing 55 CLERK'S NOTICE that this case is randomly reassigned to Judge Andrew P. Gordon for all further proceedings. All further documents must bear the correct case number 2:17-cv-3007-APG-VCF. (no image attached) (EDS) |
Filing 54 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 12/13/2018. With good cause appearing, the Honorable Richard F. Boulware, II recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (Copies have been distributed pursuant to the NEF - CVL) |
Filing 53 NOTICE re: Availability of Attorney; filed by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Bennington, Alfred) |
Filing 52 DEMAND for Trial by Jury by Defendant Reed Hein & Associates, LLC. (Larsen, Robert) |
Filing 51 ANSWER to #1 Complaint filed by Reed Hein & Associates, LLC.(Larsen, Robert) |
Filing 49 TRANSCRIPT of Proceedings, Motion Hearing, held on 6/21/2018, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 7/16/2018. Redacted Transcript Deadline is set for 7/26/2018. Release of the Transcript Restriction is set for 9/23/2018. 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 50 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/21/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Glennys Rubin, Esq., Daniel Barsky, Esq., Kimberly Maxson-Rushton, Esq., Gregory Kraemer, Esq.,; Def Counsel: Robert Larsen, Esq., Lynne McChrystal, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 1:43 PM - 2:30 PM; Courtroom: 7C.Corrine Gaxiola, Client Representative for Plaintiffs and Stephanie Loosevelt, General Counsel for Defendants are present at counsel table. The Court makes preliminary statements and hears representations from counsel regarding the #22 Motion to Dismiss #1 Complaint. For the reasons stated on the record at the hearing, IT IS ORDERED that Defendants' Motion to Dismiss (ECF No. 22) is GRANTED in part and DENIED in part.- DENIED as to Count I - Intentional interference with existing contractual relations;- GRANTED without prejudice with leave to amend as to Count II - Intentional interference with advantageous business relationships/prospective economic advantage;- GRANTED without prejudice with leave to amend as to Count III - Violation of Lanham Act;- GRANTED without prejudice as to Count IV - False advertising under Lanham Act;- GRANTED without prejudice with leave to amend as to Count V - Violation of Nevada Deceptive Trade Practices Act;- GRANTED without prejudice with leave to amend as to Count VI - Temporary and permanent injunctive relief;- GRANTED without prejudice with leave to amend as to specific individual Defendants. IT IS FURTHER ORDERED that the parties' revised proposed discovery plan/scheduling order, taking into consideration the Court's modification, is due two weeks from this day. IT IS FURTHER ORDERED that #48 Motion for Judicial Notice is DENIED without prejudice given the Court's ruling on the Motion to Dismiss. The Transcript of the hearing will serve as the written Opinion and Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
Filing 48 First MOTION request for judicial notice re #28 Memorandum, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Responses due by 7/2/2018. (Kraemer, Gregory) |
Filing 47 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/14/2018. IT IS ORDERED that the hearing regarding #22 MOTION to Dismiss #1 Complaint set for June 21, 2018 is RESET in time only to 1:30 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Modified time on 6/14/2018 (BEL). |
Filing 46 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/12/2018. IT IS ORDERED that a hearing regarding #22 MOTION to Dismiss #1 Complaint is set for June 21, 2018 at 11:00 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. A hearing is set June 21, 2018. 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.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
Filing 45 ORDER granting #44 Motion for Agreed Protective Order. Signed by Magistrate Judge Cam Ferenbach on 6/5/2018.(Copies have been distributed pursuant to the NEF - JM) |
Filing 44 Joint MOTION Entry of Agreed Protective Order re #33 Scheduling Order, #43 Order on Motion to Extend/Shorten Time, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. Responses due by 6/18/2018. (Attachments: #1 Exhibit Agreed Protective Order) (Barsky, Daniel) |
Filing 43 ORDER granting #42 Motion to Extend Time to file proposed confidentiality order; Signed by Magistrate Judge Cam Ferenbach on 5/29/2018. (Copies have been distributed pursuant to the NEF - JM) |
Filing 42 First MOTION to Extend Time (First Request) re #33 Scheduling Order, by Plaintiff Diamond Resorts International, Inc.. (Kraemer, Gregory) |
Filing 41 ORDER granting #38 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Panda Kroll for Trevor Hein,Panda Kroll for Scott Loughram,Panda Kroll for Brandon Reed,Panda Kroll for Reed Hein & Associates, LLC and approving Designation of Local Counsel Robert S. Larsen. Signed by Judge Richard F. Boulware, II on 5/7/2018. 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) |
Filing 40 ORDER granting #37 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Kevin M. McCormick for Trevor Hein,Kevin M. McCormick for Scott Loughram,Kevin M. McCormick for Brandon Reed,Kevin M. McCormick for Reed Hein & Associates, LLC and approving Designation of Local Counsel Robert S. Larsen. Signed by Judge Richard F. Boulware, II on 5/7/2018. 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) |
Filing 39 ORDER granting #36 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Bruce Finck for Trevor Hein,Bruce Finck for Scott Loughram,Bruce Finck for Brandon Reed,Bruce Finck for Reed Hein & Associates, LLC and approving Designation of Local Counsel Robert S. Larsen. Signed by Judge Richard F. Boulware, II on 5/7/2018. 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) |
Filing 38 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Panda Kroll and DESIGNATION of Local Counsel Robert S. Larsen (Filing fee $ 250 receipt number 0978-5074760) by Defendant Reed Hein & Associates, LLC. (Larsen, Robert) |
Filing 37 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kevin M. McCormick and DESIGNATION of Local Counsel Robert S. Larsen (Filing fee $ 250 receipt number 0978-5074755) by Defendant Reed Hein & Associates, LLC. (Larsen, Robert) |
Filing 36 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Bruce Alan Finck and DESIGNATION of Local Counsel Robert S. Larsen (Filing fee $ 250 receipt number 0978-5074737) by Defendant Reed Hein & Associates, LLC. (Larsen, Robert) |
Filing 35 ORDER denying as moot #29 Motion to Stay Discovery. Signed by Magistrate Judge Cam Ferenbach on 5/2/2018.(Copies have been distributed pursuant to the NEF - JM) |
Filing 34 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 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) (JM) |
Filing 33 SCHEDULING ORDER granting #32 Proposed Discovery Plan/Scheduling Order. Discovery due by 3/30/2020. Motions due by 4/29/2020. Proposed Joint Pretrial Order due by 5/28/2020. Signed by Magistrate Judge Cam Ferenbach on 4/30/2018. (Copies have been distributed pursuant to the NEF - JM) |
Filing 32 PROPOSED Discovery Plan/Scheduling Order by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC (Kraemer, Gregory) |
Filing 31 REPLY to Response to #22 Motion to Dismiss by Defendants Trevor Hein, Scott Loughram, Brandon Reed, Reed Hein & Associates, LLC. (Larsen, Robert) |
Filing 30 MINUTES OF PROCEEDINGS - Hearing re proposed discovery plan and scheduling order #26 held on 4/9/2018 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J.Ries; Pla Counsel: Daniel Barsky, Gregory Kramer and Kimberly Maxson-Rushton; Def Counsel: Robert Larsen and David Gluth II; Recording start and end times: 11:04 - 11:34; Courtroom: 3D; The court canvasses and hears representations from the parties. ORDERED the parties are to file a proposed discovery plan and scheduling order by 4/23/18. If the parties neglect to file a proposed discovery plan and scheduling order by 4/23/18, the response to motion to stay discovery #29 will be due by 4/30/18. (no image attached) (Copies have been distributed pursuant to the NEF - JAR) |
Filing 29 MOTION to Stay Discovery Case re #22 Motion to Dismiss by Defendants Trevor Hein, Scott Loughram, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Declaration of Robert S. Larsen) (Larsen, Robert) Court Modified event on 4/5/2018 (TR). |
Filing 28 RESPONSE MEMORANDUM to #22 Motion to Dismiss by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit 1) (Barsky, Daniel) Filed incorrectly by counsel. Event modified by Clerk's Office on 4/2/2018 (EDS). |
Filing 27 ORDER. IT IS HEREBY ORDERED that a hearing on #26 the proposed Discovery Plan and Scheduling Order is scheduled for 11:00 AM, 4/9/18, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 3/30/2018. (Copies have been distributed pursuant to the NEF - ADR) |
Filing 26 PROPOSED Discovery Plan/Scheduling Order by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC (Barsky, Daniel) |
Filing 25 ORDER granting #24 Stipulation; Re: #22 Motion to Dismiss. Responses due by 4/2/2018. Signed by Judge Richard F. Boulware, II on 2/28/2018. (Copies have been distributed pursuant to the NEF - JM) |
Filing 24 STIPULATION FOR EXTENSION OF TIME (First Request) re #22 Motion to Dismiss, filed by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Maxson-Rushton, Kimberly) Modified on 2/28/2018 (TR). |
Filing 23 CERTIFICATE of Interested Parties by Trevor Hein, Scott Loughram, Brandon Reed, Reed Hein & Associates, LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Hein & Sons for Brandon Reed, Reed Hein & Associates, LLC, Scott Loughram, Trevor Hein added. (Larsen, Robert) |
Filing 22 MOTION to Dismiss #1 Complaint,, by Defendants Trevor Hein, Scott Loughram, Brandon Reed, Reed Hein & Associates, LLC. Responses due by 3/2/2018. (Larsen, Robert) |
Filing 21 SUMMONS Returned Executed by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts Corporation, Diamond Resorts International, Inc. re #11 Summons Issued. Scott Loughram served on 1/10/2018, answer due 2/16/2018. (Rubin, Glennys) |
Filing 20 SUMMONS Returned Executed by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts Corporation, Diamond Resorts International, Inc. re #11 Summons Issued. Trevor Hein served on 1/10/2018, answer due 2/16/2018. (Rubin, Glennys) |
Filing 19 SUMMONS Returned Executed by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts Corporation, Diamond Resorts International, Inc. re #14 Summons Issued. Reed Hein & Associates, LLC served on 12/20/2017, answer due 2/16/2018. (Rubin, Glennys) |
Filing 18 SUMMONS Returned Executed by Diamond Resorts U.S. Collection Development, LLC, Diamond Resorts Management, Inc., Diamond Resorts Corporation, Diamond Resorts International, Inc. re #11 Summons Issued. Brandon Reed served on 12/19/2017, answer due 2/16/2018. (Rubin, Glennys) |
Filing 17 ORDER granting #16 Stipulation; Defendants' answer due 2/16/2018.IT IS FURTHER ORDERED that Robert S. Larsen, Esq. and GRSM will accept service on behalf of the unserved Defendants, Scott Loughram and Trevor Hein at GRSM's Las Vegas office., Signed by Magistrate Judge Cam Ferenbach on 1/5/2018. (Copies have been distributed pursuant to the NEF - JM) |
Filing 16 STIPULATION to Extend Time to File Answer re #1 Complaint,, by Defendants Trevor Hein, Scott Loughram, Brandon Reed, Reed Hein & Associates, LLC. (Larsen, Robert) |
Filing 15 ORDER granting #12 Verified Petition for Permission for Daniel Joseph Barsky to Practice Pro Hac Vice and approving Designation of Local Counsel R. Scott Rasmussen. Signed by Judge Richard F. Boulware, II on 12/19/2017. 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 - JM) |
Filing 14 Summons Issued as to Reed Hein & Associates, LLC. (JM) |
Filing 13 PROPOSED SUMMONS to be issued by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Maxson-Rushton, Kimberly) |
Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Daniel Barsky and DESIGNATION of Local Counsel R. Scott Rasmussen (Filing fee $ 250 receipt number 0978-4893246) by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Rasmussen, R.) |
Filing 11 Summons Issued as to All Defendants. (JM) |
Filing 10 PROPOSED SUMMONS to be issued by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Summons Proposed Summons, #2 Summons Proposed Summons, #3 Summons Proposed Summons, #4 Summons Proposed Summons)(Maxson-Rushton, Kimberly) |
Filing 9 ORDER granting #6 Verified Petition for Permission for Glennys Ortega Rubin to Practice Pro Hac Vice and approving Designation of Local Counsel R. Scott Rasmussen. Signed by Judge Richard F. Boulware, II on 12/12/2017. 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 - JM) |
Filing 8 ORDER granting #5 Verified Petition for Permission for Alfred J. Bennington, Jr. to Practice Pro Hac Vice and approving Designation of Local Counsel R. Scott Rasmussen. Signed by Judge Richard F. Boulware, II on 12/12/2017. 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 - JM) |
Filing 7 NOTICE: Attorney Action Required to Proposed Summons attached to #1 Complaint. ERROR: Summons not issued due to wrong summons form used. The clerk's office will not issue summons which are not submitted on the designated form. CORRECTION: Attorney R. Scott Rasmussen advised to download and complete, pursuant to FRCP 4, "AO 440 (Rev. 06/12) Summons in a Civil Action" form from the Court's Website at www.nvd.uscourts.gov; and refile using the event "Proposed Summons to be issued".(EDS) |
Filing 6 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Glennys Ortega Rubin and DESIGNATION of Local Counsel R. Scott Rasmussen (Filing fee $ 250 receipt number 0978-4885924) by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Rasmussen, R.) |
Filing 5 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alfred J. Bennington, Jr. and DESIGNATION of Local Counsel R. Scott Rasmussen (Filing fee $ 250 receipt number 0978-4885901) by Plaintiffs Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Rasmussen, R.) |
Filing 4 CERTIFICATE of Interested Parties by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. There are no known interested parties other than those participating in the case (Rasmussen, R.) |
Filing 3 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (JM) |
Filing 2 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Alfred J. Bennington, Jr., Glennys Ortega Rubin, Daniel J. Barsky to comply with completion and electronic filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 1/21/2018. (no image attached) (JM) |
Case assigned to Judge Richard F. Boulware, II and Magistrate Judge Cam Ferenbach. (JM) |
Filing 1 COMPLAINT against All Plaintiffs (Filing fee $400 receipt number 0978-4884395) by Diamond Resorts Corporation. Proof of service due by 3/6/2018. (Attachments: #1 Exhibit Exhibits 1-7, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summons Proposed Summons - Reed Hein Associates, #4 Summons Proposed Summons - Brandon Reed, #5 Summons Proposed Summons - Trevor Hein, #6 Summons Proposed Summons - Scott Loughram)(Rasmussen, R.) 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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