Gonzalez et al v. Diamond Resorts International Marketing, Inc. et al
| Daniel Gonzalez and Jeffrey Hughes |
| Diamond Resorts International, Inc., Diamond Resorts International Marketing, Inc., Diamond Resorts Corporation and West Maui Resorts Partners, L.P. |
| 2:2018cv00979 |
| May 29, 2018 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Cam Ferenbach |
| Andrew P Gordon |
| Nancy J Koppe |
| Gloria M Navarro |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on November 8, 2022. A more recent docket listing may be available from PACER.
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Filing 289
ORDER Granting #285 Unopposed final approval of class and FLSA collective action settlement. See order for further details. Signed by Judge Andrew P. Gordon on 11/8/2022. (Copies have been distributed pursuant to the NEF - LOE)
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Filing 288
MINUTES OF PROCEEDINGS before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Michael Feder, Peter Klett, and Martin Holmes; Def Counsel: Kirstin Muller, appearing by phone; Court Reporter: Paige Christian; Time of Hearing: 9:59 a.m. - 10:05 a.m.; Courtroom: 6C; The Court makes preliminary remarks and hears representations of counsel. As stated on the record, the Court GRANTS the Motion for Final Approval of Class and FLSA Collective Action Settlement. Written order to follow. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
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Filing 287
ORDER Granting #286 Motion for Leave to Appear Telephonically. Signed by Judge Andrew P. Gordon on 10/28/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 286
Unopposed MOTION for Leave to Appear Telephonically, re #284 Order on Unopposed Motion, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Responses due by 11/10/2022. (Attachments: #1 Proposed Order)(Muller, Kirstin) (presiding)
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Filing 285
Unopposed MOTION FINAL APPROVAL OF CLASS AND FLSA COLLECTIVE ACTION SETTLEMENT AND SUPPORTING MEMORANDUM by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Responses due by 11/8/2022. (Attachments: #1 Exhibit Holmes Declaration, #2 Exhibit Proposed Order)(Holmes, Martin) (misc) (dispositive)
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Filing 284
ORDER Granting #283 Unopposed Motion for Preliminary Approval of Class Action Settlement. See Order for further details. Signed by Judge Andrew P. Gordon on 8/17/2022. (Copies have been distributed pursuant to the NEF - LOE)
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Filing 283
UNOPPOSED MOTION Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement and Supporting Memorandum by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Responses due by 8/24/2022. (Attachments: #1 Exhibit Exhibit 1 Settlement Agreement, #2 Exhibit Exhibit 2 Proposed Notice, #3 Exhibit Holmes Declaration)(Holmes, Martin) (settlement)
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Filing 282
RESPONSE to #280 Notice (Other) by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 281
ORDER Denying as moot #272 Motion to Stay Case. Signed by Judge Andrew P. Gordon on 5/18/2022. (Copies have been distributed pursuant to the NEF - LOE)
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Filing 280
NOTICE of Settlement by Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Muller, Kirstin)
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Filing 279
ORDER granting #277 Stipulation; Proposed Joint Pretrial Order due by 5/6/2022. Signed by Magistrate Judge Nancy J. Koppe on 3/24/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 278
NOTICE of Errata Re:Kirstin E. Muller's Declaration in Support of Defendants Emergency Motion to Stay Proceedings (Second Request) by Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P. re #272 Motion to Stay Case,. (Attachments: #1 Exhibit Correct Exhibit B to Kirstin E. Muller Declaration Re Emergency Motion to Stay Proceedings, #2 Exhibit Correct Exhibit C to Kirstin E. Muller Declaration Re Emergency Motion to Stay Proceeding) (Muller, Kirstin)
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Filing 277
Second STIPULATION FOR EXTENSION OF TIME (Second Request) re #196 Order on Discovery Plan and Scheduling Order,,,,, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 276
REQUEST for Judicial Notice re #275 Reply by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Exhibit A to Request for Judicial Notice) (Muller, Kirstin)
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Filing 275
REPLY to Response to #272 Motion to Stay Case, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Muller, Kirstin)
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Filing 274
RESPONSE to #272 Motion to Stay Case, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Replies due by 3/25/2022. (Attachments: #1 Exhibit Dec of Martin D. Holmes, #2 Exhibit AAAA Employment-Workplace Sched, #3 Exhibit 01-19-22 Ptiff's Counsel to Def's Counsel) (Holmes, Martin)
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Filing 273
ORDER Re: #272 Motion to Stay Case, Responses due by 3/18/2022. Replies due by 3/22/2022. Signed by Judge Andrew P. Gordon on 3/14/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 272
Emergency MOTION to Stay Case by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Responses due by 3/26/2022. (Attachments: #1 Declaration of Kirstin E. Muller, #2 Exhibit A to Kirstin E. Muller Declaration, #3 Exhibit B to Kirstin E. Muller Declaration, #4 Exhibit C to Kirstin E. Muller Declaration, #5 Exhibit D to Kirstin E. Muller Declaration) (Muller, Kirstin)
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Filing 271
ORDER granting #270 Stipulation of Dismissal as to Certain Opt-In Plaintiffs and Hawaii Class Members. Signed by Judge Andrew P. Gordon on 2/11/2022. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 270
STIPULATION of Dismissal as to Certain Opt-In Plaintiffs and Hawaii Class Members; Proposed Order by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Lopez, Ferry)
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Filing 269
ORDER Denying #262 Motion for Reconsideration. Signed by Judge Andrew P. Gordon on 2/2/2022.(Copies have been distributed pursuant to the NEF - KF)
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Filing 268
REPLY to Response to #262 Motion for Reconsideration, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 267
ORDER Granting #266 Motion to Substitute Attorney - Attorney Brian Douglas Blakley removed. Signed by Magistrate Judge Nancy J. Koppe on 1/31/2022.(Copies have been distributed pursuant to the NEF - DRS)
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Filing 266
MOTION to Substitute Attorney NOTICE of Change of Handling Attorney by Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Hostetler, Jennifer) Modified event to comply with Local Rules on 1/28/2022 (EDS).
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Filing 265
ORDER Granting in Part #264 Stipulation - Proposed Joint Pretrial Order due by 3/28/2022. Signed by Magistrate Judge Nancy J. Koppe on 1/26/2022. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 264
Joint STIPULATION FOR EXTENSION OF TIME (First Request) re #196 Order on Discovery Plan and Scheduling Order,,,,, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 263
RESPONSE to #262 Motion for Reconsideration, by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. Replies due by 1/31/2022. (Treger, Benjamin)
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Filing 262
MOTION for Reconsideration re #260 Order on Motion for Partial Summary Judgment, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Responses due by 1/24/2022. (Attachments: #1 Exhibit Ex 1 DOL LTR, #2 Exhibit Ex 2 CLOSING MTG) (Holmes, Martin)
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Filing 261
ORDER Granting #216 Plaintiffs' Motion for Partial Summary Judgment and Denying #219 Defendants' Motion for Summary Judgment. Signed by Judge Andrew P. Gordon on 12/27/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 260
ORDER Granting in Part #215 Motion for Partial Summary Judgment. See Order for detail. Signed by Judge Andrew P. Gordon on 12/27/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 259
ORDER Granting in part #202 Motion for Summary Judgment. Parties shall file a stipulation or a status report identifying which plaintiffs should be dismissed for lack of standing based on this order within 45 days. Signed by Judge Andrew P. Gordon on 12/27/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 258
ORDER Granting in part #199 Motion to Dismiss. Those plaintiffs who are subject to an arbitration agreement are compelled to submit their claims to arbitration. The case is stayed as to only those plaintiffs, pending completion of arbitration. The motion is denied in all other respects. Signed by Judge Andrew P. Gordon on 12/27/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 257
ORDER Denying as moot #246 Motion for Leave to File Supplement. Signed by Judge Andrew P. Gordon on 11/2/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 256
ORDER Denying #226 Motion to Seal and #228 Motion to Seal. The Clerk is directed to Unseal: #227 Sealed Unredacted Version of Filed Document and #229 Sealed Unredacted Version of Filed Document. Signed by Judge Andrew P. Gordon on 11/2/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 255
ORDER granting #217 Motion to Seal and #221 Motion to Seal. Documents 218 and 220 shall remain sealed. Signed by Judge Andrew P. Gordon on 11/2/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 254
AMENDED CERTIFICATE of Interested Parties by Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Diamond Resorts Corporation, Corporate Parent Diamond Resorts Holdings, LLC, Corporate Parent Diamond Resorts Developer and Sales Holding Company, Corporate Parent Hilton Grand Vacations, Inc., Corporate Parent Diamond Resorts West Maui Development LLC, Corporate Parent Hilton Grand Vacations Borrower LLC, Corporate Parent Hilton Grand Vacations Parent LLC for West Maui Resorts Partners, L.P.; Corporate Parent Diamond Resorts Corporation, Corporate Parent Diamond Resorts Holdings, LLC, Corporate Parent Diamond Resorts Developer and Sales Holding Company, Corporate Parent Hilton Grand Vacations, Inc., Corporate Parent Hilton Grand Vacations Borrower LLC, Corporate Parent Hilton Grand Vacations Parent LLC for Diamond Resorts International Marketing, Inc. added. (Muller, Kirstin) Modified on 9/22/2021 (EDS).
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Filing 253
ORDER granting #252 Motion to Withdraw as Attorney - Trevor W. Howell withdrawn from the case. Signed by Magistrate Judge Nancy J. Koppe on 8/18/2021.(Copies have been distributed pursuant to the NEF - DRS)
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Filing 252
MOTION to Withdraw as Attorney by Trevor W. Howell for Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 251
REPLY to Response to #199 Motion to Dismiss,,,,,,,,,,,, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Alison M. Hamer) (Muller, Kirstin)
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Filing 250
ORDER denying #238 Motion to Compel without prejudice. The request for judicial notice (Docket No. #239 ) is also DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 7/14/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 249
ORDER denying #237 Motion to Compel.The Court finds that Defendants are entitled to an award of their expenses. Signed by Magistrate Judge Nancy J. Koppe on 7/14/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 248
RESPONSE to #199 Motion to Dismiss,,,,,,,,,,,, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Replies due by 7/14/2021. (Holmes, Martin)
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Filing 247
NOTICE of Withdrawal of Steve Miller Consent Form by Daniel Gonzalez, Jeffrey Hughes re #232 Notice (Other). (Holmes, Martin)
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Filing 246
MOTION for Leave to File Supplement to re #199 Motion to Dismiss by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Brook Schafte, #2 Exhibit 1 to Brook Schafte Declaration, #3 Declaration Alison M. Hamer, #4 Exhibit 1 to Alison Hamer Declaration) (Hamer, Alison) Modified on 6/25/2021 (EDS).
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Filing 245
NOTICE of Corrected Image/Document re #244 Reply, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Service of corrected image is attached.) (Attachments: #1 Exhibit) (Muller, Kirstin)
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Filing 244
View Corrected Image #245 as to Exhibits 1 and 2 re REPLY to Response to #238 Motion to Compel,,, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Benjamin J. Treger, #2 Exhibit 1 to Benjamin Treger Declaration, #3 Exhibit 2 to Benjamin Treger Declaration) (Muller, Kirstin) Modified on 6/17/2021 (EDS).
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Filing 243
REPLY to Response to #237 Motion to Compel, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Defendants' RPD Response, #2 Exhibit Holmes Declaration, #3 Exhibit Hughes Declaration, #4 Exhibit Borhani Report) (Holmes, Martin)
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Filing 242
REQUEST for Judicial Notice re #241 Response,, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Exhibit 1 to Request for Judicial Notice, #2 Exhibit 2 to Request for Judicial Notice, #3 Exhibit 3 to Request for Judicial Notice) (Muller, Kirstin)
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Filing 241
RESPONSE to #237 Motion to Compel, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Replies due by 6/21/2021. (Attachments: #1 Declaration Todd Fountain, #2 Declaration Kirstin E. Muller, #3 Exhibit 1 to Kirstin E. Muller Declaration, #4 Exhibit 2 to Kirstin E. Muller Declaration, #5 Exhibit 3 to Kirstin E. Muller Declaration, #6 Exhibit 4 to Kirstin E. Muller Declaration, #7 Exhibit 5 to Kirstin E. Muller Declaration, #8 Exhibit 6 to Kirstin E. Muller Declaration, #9 Exhibit 7 to Kirstin E. Muller Declaration, #10 Exhibit 8 to Kirstin E. Muller Declaration) (Muller, Kirstin)
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Filing 240
RESPONSE to #238 Motion to Compel,,, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Replies due by 6/21/2021. (Attachments: #1 Exhibit Backor Declaration, #2 Exhibit Holmes Declaration) (Holmes, Martin)
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Filing 239
REQUEST for Judicial Notice re #238 Motion to Compel,,, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Exhibit 1 to Request for Judicial Notice, #2 Exhibit 2 to Request for Judicial Notice, #3 Exhibit 3 to Request for Judicial Notice) (Muller, Kirstin)
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Filing 238
MOTION to Compel Responses from Dr. Kristen Backor, or in the Alternative Application for an Order to Show Cause Why Contempt Citation Should Not Issue by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. Responses due by 6/22/2021. (Attachments: #1 Declaration Benjamin J. Treger, #2 Exhibit A to Benjamin Treger Declaration, #3 Exhibit B to Benjamin Treger Declaration, #4 Exhibit C to Benjamin Treger Declaration, #5 Exhibit D to Benjamin Treger Declaration, #6 Exhibit E to Benjamin Treger Declaration, #7 Exhibit F to Benjamin Treger Declaration, #8 Exhibit G to Benjamin Treger Declaration, #9 Exhibit H to Benjamin Treger Declaration, #10 Exhibit I to Benjamin Treger Declaration) (Muller, Kirstin)
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Filing 237
First MOTION to Compel Certain Responses to Certain Requests for Production and Additional Testimony from Defendants' Rule 30(B)(6) Designee(s) by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Responses due by 6/22/2021. (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) (Holmes, Martin)
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Filing 236
REPLY to Response to #219 Motion for Summary Judgment,, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Muller, Kirstin)
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Filing 235
REPLY to Response to #216 Motion for Partial Summary Judgment, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Nusbaum Deposition Excerpts, #2 Exhibit 4/21/64 DOL Opinion Letter) (Holmes, Martin)
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Filing 234
REPLY to Response to #215 Motion for Partial Summary Judgment, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 233
ORDER Setting Response Deadline Re: #228 Motion to Seal, #226 Motion to Seal, #217 Motion to Seal. Responses, if any, are due by 6/8/2021. Signed by Judge Andrew P. Gordon on 5/25/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 232
NOTICE of Filing Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 231
RESPONSE to #215 Motion for Partial Summary Judgment, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Replies due by 5/31/2021. (Attachments: #1 Declaration Todd Fountain, #2 Exhibit A to Todd Fountain Declaration, #3 Exhibit B to Todd Fountain Declaration) (Muller, Kirstin)
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Filing 230
RESPONSE to #216 Motion for Partial Summary Judgment, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Replies due by 5/31/2021. (Muller, Kirstin)
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Filing 228
Second MOTION to Seal by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 226
MOTION to Seal by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 225
RESPONSE to #219 Motion for Summary Judgment,, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Replies due by 5/31/2021. (Attachments: #1 Exhibit Fountain Deposition Excerpts, #2 Exhibit Declaration of M. Holmes) (Holmes, Martin)
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Filing 224
REPLY to Response to #202 Motion for Summary Judgment,,,, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Brook Schafte ISO Defendants' Reply) (Lopez, Ferry)
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Filing 223
ERRATA to #219 Motion for Summary Judgment,, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Expert Howard Nusbaum) (Muller, Kirstin)
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Filing 222
ERRATA to #221 Motion to Seal by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Muller, Kirstin)
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Filing 221
MOTION to Seal #219 Motion for Summary Judgment,, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Muller, Kirstin)
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Filing 219
MOTION for Summary Judgment Or In the Alternative Partial Summary Judgment by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Responses due by 5/17/2021. (Attachments: #1 Declaration Howard Nusbaum, #2 Declaration Todd Fountain, #3 Exhibit Ex. A to Todd Fountain Declaration, #4 Exhibit Ex. B to Todd Fountain Declaration, #5 Exhibit Ex. C to Todd Fountain Declaration, #6 Exhibit Ex. D to Todd Fountain Declaration, #7 Exhibit Ex. E to Todd Fountain Declaration, #8 Exhibit Ex. F to Todd Fountain Declaration, #9 Declaration Benjamin Treger, #10 Exhibit Ex. A to Benjamin Treger Declaration) (Muller, Kirstin) Modified on 4/27/2021 (EDS).
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Filing 217
MOTION to Seal by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 216
MOTION for Partial Summary Judgment on Defendants' 207 Affirmative Defense by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Responses due by 5/17/2021. (Attachments: #1 Exhibit Hughes Declaration, #2 Exhibit Fenderson Deposition Excerpts, #3 Exhibit Holmes Declaration, #4 Exhibit Fountain Deposition Excerpts, #5 Exhibit Report of Nusbaum, #6 Exhibit 29 CFR, #7 Exhibit DOL FOH Chp 21 Excerpts) (Holmes, Martin)
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Filing 215
MOTION for Partial Summary Judgment on the Miscalculation of on-the-clock Overtime Claims Pursuant to FRCP 56 by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Responses due by 5/17/2021. (Attachments: #1 Exhibit Diamond Resort's Responses to Plaintiffs' RTA, #2 Exhibit West Maui's Responses to Plaintiffs' RTA, #3 Exhibit Borhani Declaration, #4 Exhibit Excerpts from Fountain Deposition) (Holmes, Martin) Modified on 4/27/2021 (EDS).
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Filing 214
ORDER granting #212 Motion for Leave to File Excess Pages for Plaintiffs' Motion for Partial Summary Judgment. Signed by Judge Andrew P. Gordon on 4/26/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 213
ORDER granting #211 Motion for Leave Second Motion for Summary Judgment thereby to File Excess Pages. Signed by Judge Andrew P. Gordon on 4/26/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 212
Unopposed MOTION for Leave to File Excess Pages by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Holmes Declaration) (Holmes, Martin)
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Filing 211
MOTION for Leave to File Excess Pages by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Exhibit A - Declaration of Alison Hamer) (Hamer, Alison)
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Filing 210
RESPONSE to #202 Motion for Summary Judgment,,,, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Replies due by 4/30/2021. (Attachments: #1 Exhibit Holmes Declaration, #2 Exhibit Borhani Declaration, #3 Exhibit Hughes Declaration, #4 Exhibit Pardee Declaration, #5 Exhibit Plaintiffs' First Requests for Production of Documents, #6 Exhibit Defendants' Responses to Plaintiffs' First Request for Production of Documents, #7 Exhibit Fountain Deposition Excerpt) (Holmes, Martin)
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Filing 209
ORDER granting #208 Stipulation to Extend time Re: #202 Motion for Summary Judgment; Responses due by 4/16/2021. Replies due by 5/7/2021. Signed by Judge Andrew P. Gordon on 4/1/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 208
STIPULATION FOR EXTENSION OF TIME (First Request) re #202 MOTION FOR SUMMARY JUDGMENT, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin) Modified on 3/31/2021 to link document pursuant to LR IC 2-2(d) (SLD).
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Filing 207
ORDER Granting #206 Stipulation for Extension of Time re #196 Order (Second Request). See Order for deadlines. Signed by Magistrate Judge Nancy J. Koppe on 3/23/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 206
Second STIPULATION FOR EXTENSION OF TIME (Second Request) & ORDER MODIFYING SCHEDULING ORDER re #196 Order on Discovery Plan and Scheduling Order,,,,, by Plaintiff Daniel Gonzalez. (Holmes, Martin)
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Filing 205
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 3/23/2021. Pending before the Court is a stipulation to extend, Docket No. 201, which is DENIED without prejudice. Any renewed stipulation must identify the number of previous requests to extend the discovery cutoff generally. Local Rule IA 6-1(a). Any renewed stipulation must also clarify whether the parties are also seeking to extend the dispositive motion deadline and joint proposed pretrial order deadline. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - TM)
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Filing 204
REPLY to Response to #199 Motion to Dismiss,,,,,,,,,,,, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration In Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss) (Hamer, Alison)
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Filing 203
REQUEST for Judicial Notice re #202 Motion for Summary Judgment,,,, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Exhibit 1 to Request for Judicial Notice, #2 Exhibit 2 to Request for Judicial Notice, #3 Exhibit 3 to Request for Judicial Notice, #4 Exhibit 4 to Request for Judicial Notice, #5 Exhibit 5 to Request for Judicial Notice, #6 Exhibit 6 to Request for Judicial Notice, #7 Exhibit 7 to Request for Judicial Notice, #8 Exhibit 8 to Request for Judicial Notice, #9 Exhibit 9 to Request for Judicial Notice, #10 Exhibit 10 to Request for Judicial Notice, #11 Exhibit 11 to Request for Judicial Notice, #12 Exhibit 12 to Request for Judicial Notice, #13 Exhibit 13 to Request for Judicial Notice, #14 Exhibit 14 to Request for Judicial Notice, #15 Exhibit 15 to Request for Judicial Notice, #16 Exhibit 16 to Request for Judicial Notice, #17 Exhibit 17 to Request for Judicial Notice, #18 Exhibit 18 to Request for Judicial Notice) (Lopez, Ferry)
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Filing 202
MOTION for Summary Judgment Or In the Alternative Partial Summary Judgment by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Responses due by 4/9/2021. (Attachments: #1 Declaration Alison M. Hamer, #2 Exhibit Ex. 1 to Alison Hamer Declaration, #3 Declaration Brook Schafte, #4 Declaration Elizabeth Kruckenberg, #5 Exhibit Ex.1 to Elizabeth Kruckenberg Declaration, #6 Exhibit Ex. 2 to Elizabeth Kruckenberg Declaration, #7 Declaration Ferry E. Lopez, #8 Exhibit Ex. 1 to Ferry Lopez Declaration, #9 Exhibit Ex. 2 to Ferry Lopez Declaration, #10 Exhibit Ex. 3 to Ferry Lopez Declaration, #11 Exhibit Ex. 4 to Ferry Lopez Declaration, #12 Exhibit Ex. 5 to Ferry Lopez Declaration, #13 Exhibit Ex. 6 to Ferry Lopez Declaration, #14 Exhibit Ex. 7 to Ferry Lopez Declaration, #15 Declaration Todd Fountain, #16 Exhibit Ex. 1 to Todd Fountain Declaration, #17 Exhibit Ex. 2 to Todd Fountain Declaration, #18 Exhibit Ex. 3 to Todd Fountain Declaration, #19 Exhibit Ex. 4 to Todd Fountain Declaration, #20 Exhibit Ex. 5 to Todd Fountain Declaration, #21 Index of Exhibits) (Lopez, Ferry)
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Filing 201
STIPULATION FOR EXTENSION OF TIME (First Request) re Scheduling Order by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin) Modified on 3/19/2021 (EDS).
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Filing 200
RESPONSE to #199 Motion to Dismiss,,,,,,,,,,,, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Replies due by 3/22/2021. (Attachments: #1 Exhibit DRIMI_Gonzalez016874, #2 Exhibit DRIMI_Gonzalez004239-004244, #3 Declaration Declaration of M. Holmes, #4 Exhibit 3/25/2019 Letter, #5 Exhibit DRIMI_Gonzalez16847-16873) (Holmes, Martin)
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Filing 199
MOTION to Dismiss by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Responses due by 3/15/2021. (Attachments: #1 Index of Exhibits in Support of Motion to Dismiss, #2 Proposed Order, #3 Declaration Lisa Ariola, #4 Exhibit Ex. 1 to Lisa Ariola Declaration, #5 Exhibit Ex. 2 to Lisa Ariola Declaration, #6 Declaration Catherine Bowen, #7 Exhibit Ex. 1 to Catherine Bowen Declaration, #8 Exhibit Ex. 2 to Catherine Bowen Declaration, #9 Exhibit Ex. 3 to Catherine Bowen Declaration, #10 Exhibit Ex. 4 to Catherine Bowen Declaration, #11 Declaration Haleigh Crabtree, #12 Exhibit Ex. 1 to Haleigh Crabtree Declaration, #13 Exhibit Ex. 2 to Haleigh Crabtree Declaration, #14 Declaration Claudia Cruz, #15 Exhibit Ex. 1 to Claudia Cruz Declaration, #16 Exhibit Ex. 2 to Claudia Cruz Declaration, #17 Exhibit Ex. 3 to Claudia Cruz Declaration, #18 Declaration Alison M. Hamer, #19 Exhibit Ex. 1 to Alison Hamer Declaration, #20 Exhibit Ex. 2 to Alison Hamer Declaration, #21 Exhibit Ex. 3 to Alison Hamer Declaration, #22 Exhibit Ex. 4 to Alison Hamer Declaration, #23 Exhibit Ex. 5 to Alison Hamer Declaration, #24 Exhibit Ex. 6 to Alison Hamer Declaration, #25 Declaration Keri Kiesling, #26 Exhibit Ex. 1 to Keri Kiesling Declaration, #27 Exhibit Ex. 2 to Keri Kiesling Declaration, #28 Declaration Jo Anna Lebo, #29 Exhibit Ex. 1 to Jo Anna Lebo Declaration, #30 Exhibit Ex. 2 to Jo Anna Lebo Declaration, #31 Exhibit Ex. 3 to Jo Anna Lebo Declaration, #32 Exhibit Ex. 4 to Jo Anna Lebo Declaration, #33 Declaration Ferry E. Lopez, #34 Exhibit Ex. 1 to Ferry Lopez Declaration, #35 Exhibit Ex. 2 to Ferry Lopez Declaration, #36 Exhibit Ex. 2A to Ferry Lopez Declaration, #37 Exhibit Ex. 3 to Ferry Lopez Declaration, #38 Exhibit Ex. 4 to Ferry Lopez Declaration, #39 Exhibit Ex. 5 to Ferry Lopez Declaration, #40 Exhibit Ex. 6 to Ferry Lopez Declaration, #41 Exhibit Ex. 7 to Ferry Lopez Declaration, #42 Declaration Keith McCloud, #43 Exhibit Ex. 1 to Keith McCloud Declaration, #44 Exhibit Ex. 2 to Keith McCloud Declaration, #45 Declaration Kimberly Schaeffer-Eyer, #46 Exhibit Ex. 1 to Kimberly Schaeffer-Eyer Declaration, #47 Exhibit Ex. 2 to Kimberly Schaeffer-Eyer Declaration, #48 Declaration Brook Schafte, #49 Exhibit Ex. 1 (Part 1) to Brook Schafte Declaration, #50 Exhibit Ex. 1 (Part 2) to Brook Schafte Declaration, #51 Exhibit Ex. 2 to Brook Schafte Declaration, #52 Exhibit Ex. 3 (Part 1) to Brook Schafte Declaration, #53 Exhibit Ex. 3 (Part 2) to Brook Schafte Declaration, #54 Declaration Mindy Smolnik, #55 Exhibit Ex. 1 to Mindy Smolnik Declaration, #56 Exhibit Ex. 2 to Mindy Smolnik Declaration, #57 Declaration Elizabeth Tosh, #58 Exhibit Ex. 1 to Elizabeth Tosh Declaration, #59 Exhibit Ex. 2 to Elizabeth Tosh Declaration, #60 Declaration Stevi Wara, #61 Exhibit Ex. 1 to Stevi Wara Declaration, #62 Exhibit Ex. 1A to Stevi Wara Declaration, #63 Exhibit Ex. 2 to Stevi Wara Declaration) (Hamer, Alison)
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Filing 198
ORDER granting #197 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Ferry Eden Lopez and DESIGNATION of Local Counsel Jennifer Hostetler. Signed by Judge Andrew P. Gordon on 2/24/2021. 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 - DRS)
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Filing 197
First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Ferry Eden Lopez and DESIGNATION of Local Counsel Jennifer Hostetler (Filing fee $ 250 receipt number 0978-6379836) by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Hostetler, Jennifer)
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Filing 196
SCHEDULING ORDER Granting Defendants' #194 Discovery Plan and Scheduling Order and Denying Plaintiff's #195 Discovery Plan and Scheduling Order; Discovery due by 3/26/2021. Motions due by 4/26/2021. Proposed Joint Pretrial Order due by 5/22/2021. Signed by Magistrate Judge Nancy J. Koppe on 12/29/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 195
Proposed Discovery Plan and Scheduling Order by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 194
Amended Proposed Discovery Plan and Scheduling Order by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Muller, Kirstin)
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Filing 193
ORDER granting #192 Stipulation (First Request) to Extend Time File an Amended Proposed Discovery Plan and Discovery Order. Discovery Plan/Scheduling Order due by 12/28/2020. Signed by Magistrate Judge Nancy J. Koppe on 12/18/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 192
STIPULATION FOR EXTENSION OF TIME (First Request) to File an Amended Proposed Discovery Plan and Discovery Order by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin) Modified on 12/18/2020 (EDS).
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Filing 191
Joint STATUS REPORT by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 190
ORDER Denying #187 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1. Judge Koppe's #186 Order is Affirmed in its entirety. Signed by Judge Andrew P. Gordon on 11/3/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 189
NOTICE of Filing Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 188
RESPONSE to #187 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, #186 Order on Motion to Amend/Correct, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Bridget Ruffin) (Muller, Kirstin)
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Filing 187
OBJECTION/APPEAL Magistrate Judge order or ruling under LR IB 3-1 re #186 Order by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Responses due by 9/18/2020. (Holmes, Martin) Modified to link to order on 9/8/2020 (EDS).
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Filing 186
ORDER denying #153 Motion to Amend #1 Complaint. Signed by Magistrate Judge Nancy J. Koppe on 8/21/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 185
ORDER granting #182 STIPULATION AND ORDER FOR A STAY OF PROCEEDINGS UNTIL DECEMBER 7, 2020, FOR THE PARTIES TO PREPARE FOR AND ATTEND MEDIATION. Status Report due by 12/11/2020. Discovery Plan/Scheduling Order due by 12/18/2020. Signed by Magistrate Judge Nancy J. Koppe on 8/10/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 184
NOTICE of Filing Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 183
NOTICE of Filing Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 182
First STIPULATION re Discovery STIPULATION AND ORDER FOR A STAY OF PROCEEDINGS UNTIL DECEMBER 7, 2020, FOR THE PARTIES TO PREPARE FOR AND ATTEND MEDIATION by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Muller, Kirstin)
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Filing 181
MINUTES OF PROCEEDINGS - Motion Hearing #153 Motion to Amend Complaint held on 7/30/2020 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero; Judicial Extern: Leda Morochina; Pla Counsel: Martin D. Holmes, Esq., & Michael N. Feder, Esq.; Def Counsel: Kirstin E. Muller, Esq.; Def Rep: Calder Huntington; Time of Hearing: 2:20 PM - 2:38 PM; Electronic Court Recorder Operator: Liberty/ FTR; Recording start and end times: 2:02:54 - 2:38:35; Courtroom: 3C; Plaintiffs' counsel, Defendant Representative, and Defendants' counsel are present. All parties are appearing telephonically. The Court makes preliminary statements and hears the representations of counsel as to #153 Motion to Amend Complaint. The Court will take this matter under advisement and a written Order will issue. Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - AC)
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Filing 180
ORDER Setting Hearing on #153 Motion to Amend/Correct. Motion Hearing set for 7/30/2020 at 02:00 PM by telephone before Magistrate Judge Nancy J. Koppe. Counsel shall appear by calling the Court conference line at 877-402-9757 at least five minutes prior to the hearing. The conference code is 6791056. In order to ensure a clear recording of the hearing, the call must be made using a land line phone. Cell phone calls, as well as the use of a speaker phone, are prohibited. Signed by Magistrate Judge Nancy J. Koppe on 7/17/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 179
NOTICE of Filing Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 178
ORDER granting #177 STIPULATION and Approving Notice and Opt-Out Form to Putative Hawaii Class Members. Signed by Judge Andrew P. Gordon on 6/8/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 177
STIPULATION to Approve Notice and Opt-Out Form to Putative Hawaii Class Members by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Proposed Notice and Opt Out Form) (Holmes, Martin)
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Filing 176
NOTICE of Withdrawal of Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 175
CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #174 Notice of Change of Address. Attorney Michael Feder is advised to review and update his/her user account information. (no image attached) (EDS)
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Filing 174
NOTICE of Change of Address by Michael N Feder. (Feder, Michael)
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Filing 173
ERROR: Duplicate entry. Please see #172 .ORDER Denying #162 Motion to Extend Time. Signed by Magistrate Judge Nancy J. Koppe on 5/18/2020.(Copies have been distributed pursuant to the NEF - ADR)
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Filing 172
ORDER denying #162 Motion to Extend Time. Signed by Magistrate Judge Nancy J. Koppe on 5/18/2020.(Copies have been distributed pursuant to the NEF - JM)
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Filing 171
ORDER Denying #158 Motion to Stay Case but deadlines in the scheduling order are EXTENDED as follows: Discovery due by 10/27/2020. Motions due by 11/25/2020. Proposed Joint Pretrial Order due by 12/23/2020. Signed by Magistrate Judge Nancy J. Koppe on 5/18/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 170
MINUTES OF PROCEEDINGS - Motion Hearing re: #158 Motion to Stay Proceedings held on 5/15/2020 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero; Pla Counsel: Michael N. Feder, Esq., Peter F. Klett, Esq., & Martin D. Holmes, Esq.; Def Counsel: Howard E. Cole, Esq., & Kirstin E. Muller, Esq.; Def Rep: Calder Huntington; Time of Hearing: 1:19 PM - 1:52 PM; Electronic Court Recorder Operator: Liberty/ FTR; Recording start and end times: 1:19:22 - 1:52:25; Courtroom: 3C; Plaintiff's counsel and Defendants' counsel are present via telephonic appearance. The Court makes preliminary statements and hears the representations of counsel as to #158 Motion to Stay Proceedings. The Court will take this matter under advisement and a written Order will be issued. Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - AC)
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Filing 169
ORDER Denying #164 Motion to Compel and Denying as moot #167 Motion to Extend Time. Parties must meet and confer on 5/21/2020. Signed by Magistrate Judge Nancy J. Koppe on 5/14/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 168
ORDER Setting Hearing on #158 Emergency MOTION to Stay Case. Telephonic Motion Hearing set for 5/15/2020 at 01:15 PM in LV Chambers before Magistrate Judge Nancy J. Koppe. Counsel shall appear telephonically by calling the Court conference line at 877-402-9757 at least five minutes prior to the hearing. The conference code is 6791056. Signed by Magistrate Judge Nancy J. Koppe on 5/13/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 167
Emergency MOTION to Extend Time (First Request) Defendants' Briefing Deadline to Respond re #164 Motion to Compel, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Kirstin E. Muller) (Muller, Kirstin)
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Filing 166
REPLY to Response to #158 Motion to Stay Case, by Defendants Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Kirstin E. Muller) (Muller, Kirstin)
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Filing 165
NOTICE of Filing Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 164
MOTION to Compel Responses Pursuant to FED.R.CIV.P. 37(A)(5) & lR IA 1-3(F)(3) by Plaintiff Daniel Gonzalez. Responses due by 5/25/2020. (Attachments: #1 Exhibit Delcaration, #2 Exhibit Order, #3 Exhibit P's 1st RFP, #4 Exhibit D's Responses to RFP, #5 Exhibit 2nd Set Discovery, #6 Exhibit D's Responses to 2nd Set) (Holmes, Martin)
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Filing 163
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 162
MOTION to Extend Time (Third Request) re #84 Order on Stipulation,, Scheduling Order, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Plaintiffs' Discovery, #2 Exhibit Defendants' Response, #3 Exhibit Declaration of Martin D. Holmes) (Holmes, Martin)
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Filing 161
RESPONSE to #158 Motion to Stay Case, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Replies due by 5/13/2020. (Attachments: #1 Exhibit Declaration of Martin D. Holmes, #2 Exhibit Note from Flasky, #3 Exhibit Plaintiffs' Discovery, #4 Exhibit Defendants' Responses RPD) (Holmes, Martin)
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Filing 160
MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 5/4/2020. Re: #158 Motion to Stay Case. The parties are ordered to file a stipulation, or the plaintiffs must file a response to the emergency motion by Wednesday, May 6, 2020.(no image attached) (Copies have been distributed pursuant to the NEF - CS)
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Filing 159
ORDER Granting #54 Motion to Certify Class, Directing Parties to Confer on Notice and Denying #79 Motion to Strike. David Gonzoalez's counsel is appointed as Class Counsel. West Maui must provide information within 10 days as listed in the Order. Parties must confer and submit a proposed notice within 30 days. See Order for additional details and instructions. Signed by Judge Andrew P. Gordon on 5/1/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 158
Emergency MOTION to Stay Case by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Brook Schafte, #2 Declaration Kirstin E. Muller, #3 Request for Judicial Notice) (Muller, Kirstin)
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Filing 157
REPLY to Response to #153 Motion to Amend/Correct by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Plaintiffs' RPD, #2 Exhibit Defendants' Response RPD, #3 Exhibit Declaration of Holmes, #4 Exhibit Transcript) (Holmes, Martin)
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Filing 156
TRANSCRIPT of Proceedings, 81 Order on Stipulation,,,,,, Motion Hearing,,,,, held on 10/16/2019, before Magistrate Judge Nancy J. Koppe. Transcriber: Heather Newman, HN@nvd.uscourts.gov. Any Redaction Request is due by 5/6/2020. Redacted Transcript Deadline is set for 5/16/2020. Release of the Transcript Restriction is set for 7/14/2020. 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)
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Filing 155
RESPONSE to #153 Motion to Amend/Correct by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Replies due by 4/17/2020. (Muller, Kirstin)
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Filing 154
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 153
MOTION to Amend/Correct #1 Complaint,,,, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Responses due by 4/10/2020. (Attachments: #1 Exhibit Proposed First Amended Collective and Class Action Complaint) (Holmes, Martin)
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Filing 152
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 151
NOTICE of Withdrawal of Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 150
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 149
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 148
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 147
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 146
NOTICE of Docket Correction to #145 Stipulation : Document was filed in incorrect case. Terminated by Clerk's Office. (no image attached) (EDS)
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Filing 145
Unopposed STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery Rule 30(B)(6) Depositions Beyond Discovery Deadline by Plaintiff Jeffrey Hughes. (Holmes, Martin)
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Filing 144
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 143
NOTICE of Filing Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 142
NOTICE of Filing Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 141
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 140
NOTICE of Filing Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 139
NOTICE of Withdrawal of Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 138
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 137
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 136
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 135
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 134
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 133
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 132
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms, #2 Exhibit Consent Form) (Holmes, Martin)
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Filing 131
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 130
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 129
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 128
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 127
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 126
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 125
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 124
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 123
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 122
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 121
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 120
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 119
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 118
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 117
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 116
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 115
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 114
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 113
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 112
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 111
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 110
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 109
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 108
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Errata Consent Forms) (Holmes, Martin)
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Filing 107
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 106
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 105
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 104
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 103
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 102
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 101
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 100
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 99
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 98
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 97
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 96
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 95
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 94
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 93
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 92
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 91
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 90
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 89
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 88
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 87
NOTICE of Filing Consent Forms by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 86
REPLY to Response to #79 Motion to Strike by Defendant West Maui Resorts Partners, L.P.. (Hamer, Alison)
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Filing 85
ORDER Re: #84 Order on Stipulation, Scheduling Order, Signed by Magistrate Judge Nancy J. Koppe on 10/22/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing 84
ORDER granting #82 Stipulation; SCHEDULING ORDER. Discovery due by 7/27/2020. Motions due by 9/27/2020. Proposed Joint Pretrial Order due by 10/27/2020. Signed by Magistrate Judge Nancy J. Koppe on 10/22/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing 83
RESPONSE to #79 Motion to Strike by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Replies due by 10/29/2019. (Holmes, Martin)
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Filing 82
STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P. (Hamer, Alison)
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Filing 81
MINUTES OF PROCEEDINGS - Stipulation Hearing re: #75 Stipulation Suspending Remaining Deadlines Contained in the Discovery Plan and Scheduling Order held on 10/16/2019 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero; Pla Counsel: Martin D. Holmes, Esq., & Gabriel A. Blumberg, Esq.; Def Counsel: Kirstin E. Muller, Esq.; Time of Hearing: 2:31 PM - 2:47 PM; Electronic Court Recorder Operator: Liberty/ FTR; Recording start and end times: 2:31:16 - 2:47:08; Courtroom: 3C; Plaintiffs' counsel and Defendants' counsel are present. The Court makes preliminary statements and hears the representations of counsel as to #75 Stipulation Suspending Remaining Deadlines Contained in the Discovery Plan and Scheduling Order. For the reasons stated on the record, IT IS ORDERED that #75 Stipulation Suspending Remaining Deadlines Contained in the Discovery Plan and Scheduling Order is DENIED without prejudice. IT IS FURTHER ORDERED that the parties must file a Stipulation and Proposed Order that addresses the issues discussed in open court no later than Monday, October 21, 2019. Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - AC)
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Filing 80
ORDER Re: #69 and #70 Supplemental Briefs. Defendants' request to change the language re sales representative terminology is Denied. Sentence re contact between opt-in Plaintiffs and Defendants is Denied. Plaintiffs' request for personal email addresses is Granted. Defendants must provide any personal email address it has for its current employees by 10/24/2019. Signed by Magistrate Judge Nancy J. Koppe on 10/10/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 79
MOTION to Strike #63 Reply, #54 Motion to Certify Class by Defendant West Maui Resorts Partners, L.P.. Responses due by 10/22/2019. (Muller, Kirstin)
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Filing 78
ORDER Granting #77 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Trevor W. Howell and approving Attorney Michael N. Feder as Designation of Local Counsel for Plaintiffs. Signed by Judge Andrew P. Gordon on 10/3/2019. 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 - SLD)
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Filing 77
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Trevor W. Howell and DESIGNATION of Local Counsel Michael N. Feder (Filing fee $ 250 receipt number 0978-5725195) by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Feder, Michael)
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Filing 76
ORDER Setting Hearing on #75 STIPULATION FOR EXTENSION OF TIME (Second Request) of Deadlines Contained in #38 Discovery Plan and Scheduling Order. Hearing set for 10/16/2019 at 02:00 PM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 10/1/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 75
STIPULATION FOR EXTENSION OF TIME (Second Request) of Deadlines Contained in #38 Discovery Plan and Scheduling Order until the Conclusion of Opt-in Period by Plaintiff Daniel Gonzalez. (Holmes, Martin) Modified text on 9/27/2019 (EDS).
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Filing 74
NOTICE of Corrected Image/Document re #72 Withdrawal of Motion by Plaintiff Daniel Gonzalez. (Service of corrected image is attached.) (Holmes, Martin)
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Filing 73
CLERK'S NOTICE. Attorney Action Required to ECF No. #72 Withdrawal. It appears the incorrect document was uploaded. Counsel is advised to review ECF No. #72 and refile the correct document as a Notice of Corrected Image/Document, linking to #72 . (no image attached) (EDS)
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Filing 72
View Corrected Image #74 as to WITHDRAWAL of #71 Stipulation by Plaintiff Daniel Gonzalez. (Holmes, Martin)
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Filing 71
STIPULATION FOR EXTENSION OF TIME (Second Request) TO CONTINUE (Second Request) Deadlines Contained in Discovery Plan and Scheduling Order by Plaintiff Daniel Gonzalez. (Holmes, Martin)
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Filing 70
First SUPPLEMENTAL BRIEF re #67 Order on Stipulation, #52 Order on Motion,,,,, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Plaintiffs' Proposed Notice, #2 Exhibit Consent Form, #3 Exhibit Reminder) (Holmes, Martin)
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Filing 69
First SUPPLEMENTAL BRIEF re #52 Order on Motion, #67 Order on Stipulation, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. (Muller, Kirstin)
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Filing 68
ORDER Granting Plaintiffs' #64 Motion to Seal. Exhibit 4 [ECF No. 65] shall remain under seal. Signed by Judge Andrew P. Gordon on 9/10/2019.(Copies have been distributed pursuant to the NEF - SLD)
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Filing 67
ORDER Granting #66 Stipulation Extending Deadline to Submit Proposed Collective Class Notices and Consent Form. Deadline: 9/11/2019. Signed by Judge Andrew P. Gordon on 8/28/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 66
Joint STIPULATION FOR EXTENSION OF TIME (First Request) for the Parties to Submit Proposed Collective Class Notices and Consent Form by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin) Modified text on 8/29/2019 (EDS).
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Filing 64
MOTION to Seal #63 Reply, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 63
REPLY to Response to #54 Motion to Certify Class by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Defendants' Responses to Plaintiffs' Request for Production of Documents, #2 Exhibit Declaration of Martin Holmes, #3 Exhibit E-mails to/from Counsel Regarding Defendants' Document Production, #4 Exhibit Under Seal Slip Sheet, #5 Exhibit Job Description) (Holmes, Martin)
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Filing 62
ORDER Granting #61 Stipulation for Extension of Time Re: #54 Motion to Certify Class. Replies due by 8/28/2019. Signed by Judge Andrew P. Gordon on 8/26/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 61
STIPULATION FOR EXTENSION OF TIME (First Request) to File Reply re #54 Motion for Class Certification by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 60
RESPONSE to #54 Motion to Certify Class by Defendant West Maui Resorts Partners, L.P.. Replies due by 8/27/2019. (Attachments: #1 Declaration Alison M. Hamer) (Muller, Kirstin)
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Filing 59
CLERK'S NOTICE - Regarding violation of the Local Rules and Attorney Action required as to document #58 . ERROR: Documents not filed pursuant to LR IC 2-2(c) by attorney Kirstin Elisabeth Muller. CORRECTION Attorney Kirstin Elisabeth Muller advised to refile document #58 using the correct RESPONSE to Motion event in accordance with LR 2-2(c), and properly linked newly filed response to corresponding Motion in accordance with LR IC 2-2(d). Document #58 terminated as filed in error, pursuant to LR IC 7-1. (no image attached) (RFJ)
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Filing 58
ERROR: Document not filed per LR IC 2-2(c) by attorney Kirstin Elisabeth Muller. CORRECTION: Attorney advised to refile document using the correct event in accordance with the local rules. MEMORANDUM to #54 Motion to Certify Class by Defendant West Maui Resorts Partners, L.P.. (Attachments: #1 Declaration Alison M. Hamer) (Muller, Kirstin) Document #58 terminated as filed in error, pursuant to LR IC 7-1 on 8/20/2019 (RFJ).
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Filing 57
NOTICE OF RELATED CASES 2:19-cv-00022-APG-EJY by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Hostetler, Jennifer)
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Filing 56
NOTICE of Appearance by attorney Brian Douglas Blakley on behalf of Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Blakley, Brian)
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Filing 55
CLERK'S NOTICE that due to the retirement of U.S. Magistrate Judge Carl W. Hoffman, this case is randomly reassigned to U.S. Magistrate Judge Nancy J. Koppe for all further proceedings. All further documents must bear the correct case number 2:18-cv-00979-APG-NJK. (no image attached) (AF)
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Filing 54
MOTION to Certify Class Responses due by 8/19/2019. (Attachments: #1 Exhibit Declaration of Daniel Gonzalez, #2 Exhibit Defendant's Discovery Responses, #3 Exhibit Declaration of Martin Holmes) (Holmes, Martin)
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Filing 53
ORDER Granting #50 First Stipulation for Extension of Time re Motion for Class Certification and Expert Disclosure Deadlines. Motions due by 8/5/2019. Signed by Magistrate Judge Carl W. Hoffman on 7/29/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 52
ORDER Granting in part and Denying in part Plaintiffs Daniel Gonzalez and Jeffrey Hughes' #43 Motion for Conditional Certification as a Collective Action. The parties must meet and confer prior to the resubmission of the proposed notice and consent form. The proposed notice and consent form must be submitted to this court within 30 days from the date of this order (see Order for additional details).Signed by Magistrate Judge Carl W. Hoffman on 7/29/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 51
NOTICE of Filing Consent Form by Jeffrey Hughes. (Attachments: #1 Exhibit Consent form) (Holmes, Martin)
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Filing 50
Joint STIPULATION FOR EXTENSION OF TIME (First Request) FOR PLAINTIFFS TO FILE MOTION FOR CLASS CERTIFICATION AND EXTEND EXPERT DISCLOSURE DEADLINES by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 49
ORDER Granting #48 Stipulated Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 7/23/2019.(Copies have been distributed pursuant to the NEF - SLD)
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Filing 48
Joint MOTION for Protective Order by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Hamer, Alison)
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Filing 47
REPLY to Response to #43 Motion, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Form 10-K, #2 Exhibit Form 10-K/A, #3 Exhibit Supplemental Declaration of Jeffrey Hughes, #4 Exhibit Defendants' Responses to Plaintiffs' Requests for Production of Documents, #5 Exhibit [Proposed] Notice and Consent Form (Reno v. Western Cab)) (Holmes, Martin)
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Filing 46
RESPONSE to #43 Motion, by Defendants Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Replies due by 3/19/2019. (Attachments: #1 Exhibit Exhibit 5, #2 Declaration Jo Anna Lebo Declaration, #3 Exhibit Exhibit 1, #4 Declaration Alison Hamer Declaration, #5 Exhibit Exhibit 2, #6 Exhibit Exbibit 3, #7 Exhibit Exhibit 4, #8 Declaration Todd Fountain Declaration) (Muller, Kirstin)
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Filing 45
CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #43 , #44 were not filed pursuant to LR IC 5-1(b). 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. (no image attached) (DKJ)
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Filing 44
MEMORANDUM to #43 Motion, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 43
MOTION FOR CONDITIONAL CERTIFICATION OF THIS MATTER AS A COLLECTIVE ACTION AND APPROVAL OF 29 U.S.C. 216(b) NOTICE by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. Responses due by 3/12/2019. (Attachments: #1 Exhibit Proposed Notice and Consent Form, #2 Exhibit Proposed Reminder Notice, #3 Declaration Gonzalez Declaration, #4 Declaration Hughes Declaration, #5 Declaration Holmes Declaration) (Holmes, Martin)
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Filing 42
MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 2/26/2019. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
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Filing 41
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 2:18-cv-00979-APG-CWH. (no image attached) (DKJ)
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Filing 40
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 2/25/2019. By Deputy Clerk: Aaron Blazevich.Diamond Resorts has recently acquired a timeshare which is owned by the Court. Accordingly, the Honorable Chief Judge Gloria M. Navarro recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - ASB)
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Filing 39
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)
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Filing 38
SCHEDULING ORDER granting #37 Proposed Discovery Plan/Scheduling Order. Discovery due by 9/27/2019. Motions due by 10/27/2019. Proposed Joint Pretrial Order due by 12/11/2019. Signed by Magistrate Judge Carl W. Hoffman on 11/5/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing 37
PROPOSED Discovery Plan/Scheduling Order by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P. (Hamer, Alison)
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Filing 36
ORDER gGranting #35 Motion to Extend Tim re Discovery Plan/Scheduling Order. ; Discovery Plan/Scheduling Order due by 11/2/2018. Signed by Magistrate Judge Carl W. Hoffman on 10/30/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 35
MOTION to Extend Time (Second Request) to Submit Proposed Discovery Plan and Scheduling Order re #31 Order on Motion to Extend/Shorten Time,,, by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Hamer, Alison)
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Filing 34
ORDER Granting #28 Amended Stipulation Dismissing Diamond Resorts International, Inc. and Diamond Resorts Corporation without prejudice. Signed by Chief Judge Gloria M. Navarro on 10/25/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 33
CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Carl W. Hoffman for all further proceedings. All further documents must bear the correct case number 2:18-cv-00979-GMN-CWH. (no image attached) (SLD)
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Filing 32
ORDER OF RECUSAL. With good cause appearing, the Honorable Magistrate Judge Cam Ferenbach recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk of Court for random reassignment to another Magistrate Judge. Signed by Magistrate Judge Cam Ferenbach on 10/23/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 31
ORDER Granting #30 Joint Motion to Extend Time re Discovery and Scheduling Order. Discovery Plan/Scheduling Order due by 10/26/2018. Signed by Magistrate Judge Cam Ferenbach on 10/23/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 30
Joint MOTION to Extend Time (First Request) for Four-Day Extension to Submit a Proposed Discovery Plan and Scheduling Order re #26 Answer to Complaint, by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 29
NOTICE of Filing Consent Form by Daniel Gonzalez, Jeffrey Hughes. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 28
Amended STIPULATION and Order Dismissing Diamond Resorts International, Inc. and Diamond Resorts Corporation Without Prejudice re #25 Stipulation by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Holmes, Martin)
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Filing 27
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 9/21/2018. By Deputy Clerk: ME. Upon reviewing the relevant filings, it appears that the #25 Stipulation and Order Dismissing Diamond Resorts International, Inc. does not specify whether each party is to bear its own fees and costs. The Parties are HEREBY ORDERED to file either a Notice explaining why it is not necessary, or an Amended Stipulation clarifying what the Parties intend to do with regard to fees and costs, by October 5, 2018.(no image attached) (Copies have been distributed pursuant to the NEF - ME)
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Filing 26
ANSWER to #1 Complaint,,,, filed by Diamond Resorts International Marketing, Inc., West Maui Resorts Partners, L.P.. Discovery Plan/Scheduling Order due by 10/22/2018.(Hamer, Alison) 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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Filing 25
STIPULATION and Order Dismissing Diamond Resorts International, Inc. and Diamond Resorts Corporation Without Prejudice by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Feder, Michael)
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Filing 24
ORDER Granting #18 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Kirstin Elisabeth Muller and approving Attorney Jennifer K. Hostetler as Designation of Local Counsel for Defendants. Signed by Chief Judge Gloria M. Navarro on 8/21/2018. 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 - SLD)
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Filing 23
ORDER Granting #17 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Benjamin Joseph Treger and approving Attorney Jennifer K. Hostetler as Designation of Local Counsel for Defendants. Signed by Chief Judge Gloria M. Navarro on 8/21/2018. 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 - SLD)
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Filing 22
ORDER Granting #16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Alison Megan Hamer and approving Attorney Jennifer K. Hostetler as Designation of Local Counsel for Defendants. Signed by Chief Judge Gloria M. Navarro on 8/21/2018. 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 - SLD)
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Filing 21
NOTICE of Corrected Image/Document re #20 Certificate of Interested Parties,,, by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Service of corrected image is attached.) (Hostetler, Jennifer)
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Filing 20
CERTIFICATE of Interested Parties by Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Dakota Parent, Inc., Corporate Parent Dakota Intermediate, Inc., Corporate Parent Dakota Holdings, Inc., Other Affiliate Apollo Global Management LLC for Diamond Resorts International, Inc.; Corporate Parent Diamond Resorts Holdings, LLC for Diamond Resorts Corporation; Corporate Parent Diamond Resorts West Maui Development LLC for West Maui Resorts Partners, L.P.; Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts International Marketing, Inc. added. (Hostetler, Jennifer) Corrected image #21 added on 8/15/2018. (EDS).
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Filing 19
ORDER Granting #14 First Stipulation Re: #1 Complaint. All Defendants' answers due by 9/9/2018. Signed by Magistrate Judge Cam Ferenbach on 8/10/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 18
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kirstin Elisabeth Muller and DESIGNATION of Local Counsel Jennifer Hostetler (Filing fee $ 250 receipt number 0978-5192100) by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Hostetler, Jennifer)
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Filing 17
First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Benjamin Joseph Treger and DESIGNATION of Local Counsel Jennifer Hostetler (Filing fee $ 250 receipt number 0978-5192083) by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Hostetler, Jennifer)
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Filing 16
First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alison Megan Hamer and DESIGNATION of Local Counsel Jennifer Hostetler (Filing fee $ 250 receipt number 0978-5192070) by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Hostetler, Jennifer)
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Filing 15
ACCEPTANCE OF SERVICE by All Defendants on 8/9/2018 executed by West Maui Resorts Partners, L.P., Diamond Resorts International, Inc., Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc. re #1 Complaint,,,,. All Defendants. (Hostetler, Jennifer)
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Filing 14
First STIPULATION FOR EXTENSION OF TIME (First Request) for Defendants to Respond to Complaint re #1 Complaint,,,, by Defendants Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P.. (Hostetler, Jennifer)
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Filing 13
SUMMONS Returned Executed by Daniel Gonzalez, Jeffrey Hughes re #1 Complaint,,,,. Diamond Resorts International, Inc. served on 7/19/2018, answer due 8/9/2018. (Attachments: #1 Summons Green Card)(Holmes, Martin)
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Filing 12
SUMMONS Returned Executed by Daniel Gonzalez, Jeffrey Hughes re #1 Complaint,,,,. Diamond Resorts Corporation served on 7/19/2018, answer due 8/9/2018. (Attachments: #1 Summons Green Card)(Holmes, Martin)
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Filing 11
SUMMONS Returned Executed by Daniel Gonzalez, Jeffrey Hughes re #1 Complaint,,,,. Diamond Resorts International Marketing, Inc. served on 7/19/2018, answer due 8/9/2018. (Attachments: #1 Summons Green Card)(Holmes, Martin)
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Filing 10
SUMMONS Returned Executed by Daniel Gonzalez, Jeffrey Hughes re #1 Complaint,,,,. West Maui Resorts Partners, L.P. served on 7/19/2018, answer due 8/9/2018. (Attachments: #1 Summons Green Card)(Holmes, Martin)
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Filing 9
ORDER Granting #7 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Peter F. Klet, III and approving Attorney Michael N. Feder as Designation of Local Counsel for Plaintiffs. Signed by Chief Judge Gloria M. Navarro on 6/30/2018. 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 - SLD)
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Filing 8
ORDER Granting #6 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Martin D. Holmes and approving Attorney Michael N. Feder as Designation of Local Counsel for Plaintiffs. Signed by Chief Judge Gloria M. Navarro on 6/30/2018. 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 - SLD)
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Filing 7
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Peter F. Klett, III and DESIGNATION of Local Counsel Michael N. Feder (Filing fee $ 250 receipt number 0978-5142318) by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Feder, Michael)
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Filing 6
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Martin D. Holmes and DESIGNATION of Local Counsel Michael N. Feder (Filing fee $ 250 receipt number 0978-5142311) by Plaintiffs Daniel Gonzalez, Jeffrey Hughes. (Feder, Michael)
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Filing 5
CERTIFICATE of Interested Parties by Daniel Gonzalez, Jeffrey Hughes. There are no known interested parties other than those participating in the case (Feder, Michael)
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Filing 4
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 5/30/2018. By Deputy Clerk: Aaron Blazevich.This case has been assigned to the Honorable Chief Judge Gloria M. Navarro. Chief Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (no image attached) (Copies have been distributed pursuant to the NEF - ASB)
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Filing 3
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Martin D. Holmes and Peter F. Klett 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 7/13/2018. (no image attached) (MMM)
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Filing 2
Summons Issued as to Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P. re #1 Complaint. (MMM)
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Filing 1
COMPLAINT against Diamond Resorts Corporation, Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., West Maui Resorts Partners, L.P. (Filing fee $400 receipt number 0978-5102532) by Daniel Gonzalez, Jeffrey Hughes. Proof of service due by 8/27/2018. (Attachments: #1 Exhibit Exhibit 1 Gonzalez Consent, #2 Exhibit Exhibit 2 Hughes Consent, #3 Exhibit Exhibit 3 Gonzalez Pay Records, #4 Exhibit Hughes Pay Records, #5 Summons Summons - Diamond Resorts International Marketing, Inc., #6 Summons Summons - Diamond Resorts International, Inc, #7 Summons Summons - Diamond Resorts Corporation, #8 Summons Summons - West Maui Resorts Partners L.P., #9 Civil Cover Sheet Civil Cover Sheet)(Feder, Michael) 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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Case assigned to Chief Judge Gloria M. Navarro and Magistrate Judge Cam Ferenbach. (MMM)
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