Delara v. Diamond Resorts International Marketing, Inc.
| Alberto Delara |
| Diamond Resorts International Marketing, Inc. |
| 2:2019cv00022 |
| January 3, 2019 |
| US District Court for the District of Nevada |
| Andrew P Gordon |
| Carl W Hoffman |
| 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 October 20, 2022. A more recent docket listing may be available from PACER.
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Filing 207
ORDER and JUDGMENT Granting #206 Motion For Final Approval of The FLSA Collective Action Settlement And Supporting Memorandum. IT IS ORDERED AND ADJUDGED that the terms and conditions of the parties settlement are approved as stated. See Order for specifics. Signed by Judge Andrew P. Gordon on 10/20/2022. (Copies have been distributed pursuant to the NEF - TRW) Modified text on 10/20/2022 (DRS).
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Filing 206
Unopposed MOTION FOR FINAL APPROVAL OF THE FLSA COLLECTIVE ACTION SETTLEMENT AND SUPPORTING MEMORANDUM by Plaintiff Alberto Delara. Responses due by 10/17/2022. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Holmes Declaration)(Holmes, Martin) (misc) (dispositive)
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Filing 205
RESPONSE to #203 Notice (Other) by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 204
ORDER. IT IS ORDERED that the defendant's motion to stay case (ECF No. #195 ) is DENIED as moot. Signed by Judge Andrew P. Gordon on 5/18/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 203
NOTICE of Settlement by Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 202
ORDER Granting #200 Stipulation for Extension of Time (Second Request) re #135 Order on Motion, Scheduling Order. 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 - YAW)
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Filing 201
ERRATA to #195 Motion to Stay Case, by Defendant Diamond Resorts International Marketing, Inc.. (Attachments: #1 Exhibit Correct Exhibit B to Kirstin Muller Declaration re Emergency Motion to Stay Proceedings, #2 Exhibit Correct Exhibit C to Kirstin Muller Declaration re Emergency Motion to Stay Proceedings) (Muller, Kirstin)
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Filing 200
Second STIPULATION FOR EXTENSION OF TIME (Second Request) re #135 Order on Motion,, Scheduling Order, by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 199
REQUEST for Judicial Notice re #198 Reply by Defendant Diamond Resorts International Marketing, Inc.. (Attachments: #1 Exhibit A to Request for Judicial Notice) (Muller, Kirstin)
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Filing 198
REPLY to Response to #195 Motion to Stay Case, by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 197
RESPONSE to #195 Motion to Stay Case, by Plaintiff Alberto Delara. Replies due by 3/25/2022. (Attachments: #1 Exhibit Dec. of Martin D. Holmes, #2 Exhibit AAA Workplace-Employment Sched, #3 Exhibit 01-19-22 Ptiff's Counsel to Def's Counsel) (Holmes, Martin)
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Filing 196
ORDER Re: #195 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 195
Emergency MOTION to Stay Case by Defendant Diamond Resorts International Marketing, Inc.. 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 194
ORDER Granting #189 Motion to Withdraw as Attorney. Brian Douglas Blakley withdrawn from the case. Signed by Magistrate Judge Nancy J. Koppe on 3/2/2022.(Copies have been distributed pursuant to the NEF - KF)
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Filing 193
ORDER granting #192 Stipulation of Dismissal as to Certain Opt-In Plaintiffs be granted, and the individuals identified in the Stipulation are dismissed from the action as specified. Signed by Judge Andrew P. Gordon on 2/11/2022. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 192
STIPULATION of Dismissal as to Certain Opt-In Plaintiffs; Proposed Order by Defendant Diamond Resorts International Marketing, Inc.. (Lopez, Ferry)
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Filing 191
ORDER Denying #185 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 190
REPLY to Response to #185 Motion for Reconsideration by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 189
NOTICE OF CHANGE OF HANDLING ATTORNEY by Diamond Resorts International Marketing, Inc.. (Hostetler, Jennifer) Modified event on 1/28/2022 (MR).
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Filing 188
ORDER Granting in part and Denying in part #187 Stipulation for Extension of Time. 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 - JQC)
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Filing 187
Joint STIPULATION FOR EXTENSION OF TIME (First Request) re #135 Order on Motion,, Scheduling Order, by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 186
RESPONSE to #185 Motion for Reconsideration by Defendant Diamond Resorts International Marketing, Inc.. Replies due by 1/31/2022. (Treger, Benjamin)
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Filing 185
MOTION for Reconsideration re #182 Order on Motion for Summary Judgment,,, by Plaintiff Alberto Delara. Responses due by 1/24/2022. (Holmes, Martin)
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Filing 184
ORDER. IT IS THEREFORE ORDERED that the plaintiffs' motion for partial summary judgment on Defendant's 207(i) affirmative defense (ECF No. #163 ) is GRANTED. IT IS FURTHER ORDERED that the defendant's motion for summary judgment (ECF No. #160 ) is DENIED. Signed by Judge Andrew P. Gordon on 12/27/2021. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 183
ORDER. IT IS THEREFORE ORDERED that the plaintiffs' motion for partial summary judgment (ECF No. #149 ) is GRANTED in part. IT IS FURTHER ORDERED that defendant Diamond Resorts International Marketing, Inc.'s motion for leave to file a surreply (ECF No. #157 ) is DENIED as moot. Signed by Judge Andrew P. Gordon on 12/27/2021. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 182
ORDER. IT IS THEREFORE ORDER that defendant's motion for summary judgment (ECF No. #141 ) is GRANTED in part. IT IS FURTHER ORDERED that within 45 days of the date of this order, the parties shall file a stipulation or a motion about which plaintiffs, if any, should be dismissed for lack of standing based on this order. Signed by Judge Andrew P. Gordon on 12/27/2021. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 181
ORDER. IT IS THEREFORE ORDERED that defendant Diamond Resorts International Marketing, Inc.'s motion to dismiss (ECF No. #139 ) is GRANTED in part. 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 opt-in 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 - YAW)
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Filing 180
NOTICE of Filing Unsealed Exhibit A re #163 MOTION for Partial Summary Judgment, by Alberto Delara. (Attachments: #1 Exhibit Holmes Declaration) (Holmes, Martin) Modified on 9/24/2021 to link document pursuant to LR IC 2-2(d) (SLD).
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Filing 179
AMENDED CERTIFICATE of Interested Parties by Diamond Resorts International Marketing, Inc. 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 Hilton Grand Vacations Borrower LLC, Corporate Parent Hilton Grand Vacations Parent LLC for Diamond Resorts International Marketing, Inc. added. (Muller, Kirstin) Modified on 9/20/2021 (SLD).
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Filing 178
REPLY to Response to #163 Motion for Partial Summary Judgment, by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 177
REPLY to Response to #160 Motion for Summary Judgment,,, by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 176
ORDER Granting #173 Motion to Seal Exhibits re #163 Motion for Partial Summary Judgment. IT IS THEREFORE ORDERED that Exhibit 2 to the plaintiff's motion (ECF No. #163 -2) and Exhibits B and C to the Declaration of Martin Holmes (ECF No. #163 -3) shall remain sealed, and ECF No. 165 shall remain sealed. IT IS FURTHER ORDERED that plaintiff Alberto Delara to file publicly accessible versions of the other exhibits he filed under seal that are no longer to be sealed. Those exhibits must be filed by 9/24/2021. Signed by Judge Andrew P. Gordon on 9/7/2021. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 175
RESPONSE to #160 Motion for Summary Judgment,,, by Plaintiff Alberto Delara. Replies due by 9/10/2021. (Holmes, Martin)
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Filing 174
RESPONSE to #163 Motion for Partial Summary Judgment, by Defendant Diamond Resorts International Marketing, Inc.. Replies due by 9/10/2021. (Muller, Kirstin)
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Filing 173
MOTION to Seal Exhibits re #163 Motion for Partial Summary Judgment, by Defendant Diamond Resorts International Marketing, Inc. (Muller, Kirstin)
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Filing 172
ORDER Granting #171 Stipulation Extending the Deadlines for the Parties to File Their Oppositions to #141 Motion for Summary Judgment and the Deadlines for the Parties to File Their Replies. Responses due by 8/27/2021. Replies due by 9/10/2021. Signed by Judge Andrew P. Gordon on 8/17/2021. (Copies have been distributed pursuant to the NEF - YAW)
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Filing 171
STIPULATION FOR EXTENSION OF TIME (First Request) and Order for Parties to File Oppositions re #141 Motion for Summary Judgment,,, by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 170
ORDER Granting #167 Plaintiff's Counsel Trevor Howell's Motion to Withdraw and ORDER Granting #169 ORDER Granting #167 Plaintiff and Plaintiff's Counsel's Motion to Permit Trevor Howell to Withdraw. IT IS SO ORDERED permitting Trevor W. Howell's withdrawal as counsel for Plaintiff. Signed by Magistrate Judge Nancy J. Koppe on 8/13/2021.; (Copies have been distributed pursuant to the NEF - YAW)
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Filing 169
MOTION to Permit Trevor Howell to Withdraw by Plaintiff Alberto Delara. Responses due by 8/27/2021. (Holmes, Martin)
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Filing 168
CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #167 was 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 this document at this time. (no image attached) (DKJ)
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Filing 167
MOTION to Withdraw as Attorney by Trevor W. Howell for Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 166
ORDER. IT IS ORDERED that #161 the defendants motion to seal is Granted. The exhibits filed at ECF No. 162 shall remain under seal. IT IS FURTHER ORDERED that #164 the plaintiffs motion to seal is granted in part. The exhibits filed at ECF No. 165 shall remain under seal. By 8/20/2021, Diamond shall file its own motion to seal those documents. Signed by Judge Andrew P. Gordon on 8/6/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 164
MOTION to Seal #163 Motion for Partial Summary Judgment, by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 163
MOTION for Partial Summary Judgment by Plaintiff Alberto Delara. Responses due by 8/20/2021. (Attachments: #1 Exhibit Hughes Declaration, #2 Exhibit Fenderson Deposition Excerpts, #3 Exhibit Holmes Declaration, #4 Exhibit Fountain Deposition Excerpts, #5 Exhibit Nusbaum Report, #6 Exhibit Nusbaum Depo Excerpts, #7 Exhibit 29 CFR, #8 Exhibit DOL FOH Chp 21 Excerpts, #9 Exhibit DOL Opinion Letter) (Holmes, Martin)
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Filing 161
MOTION to Seal #160 Motion for Summary Judgment,,, by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 160
MOTION for Summary Judgment Or In the Alternative Partial Summary Judgment by Defendant Diamond Resorts International Marketing, Inc.. Responses due by 8/20/2021. (Attachments: #1 Declaration of Howard Nusbaum, #2 Declaration of Benjamin J. Treger, #3 Exhibit A to Benjamin Treger Declaration, #4 Exhibit B to Benjamin Treger Declaration, #5 Exhibit C to Benjamin Treger Declaration, #6 Exhibit D to Benjamin Treger Declaration, #7 Exhibit E to Benjamin Treger Declaration, #8 Declaration of Todd Fountain, #9 Exhibit A to Todd Fountain Declaration, #10 Exhibit B to Todd Fountain Declaration, #11 Exhibit C to Todd Fountain Declaration, #12 Exhibit D to Todd Fountain Declaration, #13 Exhibit E to Todd Fountain Declaration, #14 Exhibit F to Todd Fountain Declaration, #15 Exhibit G to Todd Fountain Declaration) (Muller, Kirstin)
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Filing 159
REPLY to Response to #157 Motion for Leave to File Document, by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 158
RESPONSE to #157 Motion for Leave to File Document, by Plaintiff Alberto Delara. Replies due by 7/16/2021. (Attachments: #1 Exhibit PLAINTIFFS EXPERT DISCLOSURES) (Holmes, Martin)
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Filing 157
MOTION for Leave to File Surreply to Plaintiff's Reply re #149 Motion for Partial Summary Judgment, by Defendant Diamond Resorts International Marketing, Inc.. (Attachments: #1 Exhibit Defendant's Surreply) (Muller, Kirstin)
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Filing 156
REPLY to Response to #149 Motion for Partial Summary Judgment, by Plaintiff Alberto Delara. (Attachments: #1 Exhibit Farrington Declaration, #2 Exhibit Borhani Declaration) (Holmes, Martin)
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Filing 155
Notice MOTION to Unseal of unsealing exhibits A and B to the Declaration of Todd Fountain re #151 Response, by Defendant Diamond Resorts International Marketing, Inc.. (Attachments: #1 Exhibit A to Todd Fountain Declaration, #2 Exhibit B to Todd Fountain Declaration) (Muller, Kirstin) Modified text to reflect correct event on 5/28/2021 (DKJ).
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Filing 154
ORDER granting in part #152 Motion to Seal. The exhibits filed at ECF No. 153 shall remain under seal. By June 8, 2021, Diamond shall file either (i) unsealed and publicly accessible versions of exhibits A and B, or (ii) a new motion to seal specifically explaining why those two documents contain trade secrets. Signed by Judge Andrew P. Gordon on 5/25/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 152
MOTION to Seal #151 Response, by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 151
RESPONSE to #149 Motion for Partial Summary Judgment, by Defendant Diamond Resorts International Marketing, Inc.. Replies due by 5/31/2021. (Attachments: #1 Declaration Todd Fountain, #2 Exhibit A-E Filed Under Seal, #3 Declaration Benjamin J. Treger, #4 Exhibit A to Benjamin Treger Declaration, #5 Exhibit B to Benjamin Treger Declaration, #6 Exhibit C to Benjamin Treger Declaration, #7 Declaration C to Benjamin Treger Declaration) (Muller, Kirstin)
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Filing 150
REPLY to Response to #141 Motion for Summary Judgment,,, by Defendant Diamond Resorts International Marketing, Inc.. (Attachments: #1 Declaration Decl. of Brook Schafte ISO Defendant's Reply) (Lopez, Ferry)
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Filing 149
MOTION for Partial Summary Judgment ON THE MISCALCULATION OF ON-THE-CLOCK OVERTIME CLAIMS PURSUANT TO FRCP 56 by Plaintiff Alberto Delara. Responses due by 5/17/2021. (Attachments: #1 Exhibit Diamond Resort's Responses to Plaintiff's RTA, #2 Exhibit Borhani Declaration, #3 Exhibit Excerpts from Fountain Deposition) (Holmes, Martin)
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Filing 148
ORDER granting #147 Motion for Leave to File Second Summary Judgment Motion thereby 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 147
MOTION for Leave to File Excess Pages by Defendant Diamond Resorts International Marketing, Inc.. (Attachments: #1 Declaration Exhibit A - Declaration of Alison Hamer) (Hamer, Alison)
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Filing 146
RESPONSE to #141 Motion for Summary Judgment,,, by Plaintiff Alberto Delara. Replies due by 4/30/2021. (Attachments: #1 Exhibit Holmes Declaration, #2 Exhibit Borhani Declaration, #3 Exhibit Delara Declaration, #4 Exhibit Pardee Declaration, #5 Exhibit Fountain Deposition Excerpts) (Holmes, Martin)
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Filing 145
ORDER granting #144 Stipulation to Extend time Re: #141 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 144
STIPULATION FOR EXTENSION OF TIME (First Request) FOR PLAINTIFF TO FILE HIS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND FOR DEFENDANT TO FILE ITS REPLY by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 143
REPLY to Response to #139 Motion to Dismiss,,,,,,,, by Defendant Diamond Resorts International Marketing, Inc.. (Attachments: #1 Declaration In Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss) (Hamer, Alison)
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Filing 142
REQUEST for Judicial Notice re #141 Motion for Summary Judgment,,, by Defendant Diamond Resorts International Marketing, Inc.. (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) (Lopez, Ferry)
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Filing 141
MOTION for Summary Judgment Or In the Alternative Partial Summary Judgment by Defendant Diamond Resorts International Marketing, Inc.. Responses due by 4/9/2021. (Attachments: #1 Declaration of Alison M. Hamer, #2 Exhibit 1 to Alison Hamer Declaration, #3 Declaration of Brook Schafte, #4 Declaration of Elizabeth Kruckenberg, #5 Exhibit 1 to Elizabeth Kruckenberg Declaration, #6 Exhibit 2 to Elizabeth Kruckenberg Declaration, #7 Declaration of Ferry E. Lopez, #8 Exhibit 1 to Ferry E. Lopez Declaration, #9 Exhibit 2 to Ferry E. Lopez Declaration, #10 Exhibit 3 to Ferry E. Lopez Declaration, #11 Exhibit 4 to Ferry E. Lopez Declaration, #12 Exhibit 5 to Ferry E. Lopez Declaration, #13 Exhibit 6 to Ferry E. Lopez Declaration, #14 Declaration of Todd Fountain, #15 Exhibit 1 to Todd Fountain Declaration, #16 Index of Exhibits) (Lopez, Ferry)
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Filing 140
RESPONSE to #139 Motion to Dismiss, by Plaintiff Alberto Delara. Replies due by 3/22/2021. (Attachments: #1 Exhibit 3/25/2019 Letter, #2 Declaration Declaration of M. Holmes, #3 Exhibit DRIMI_Delara 006895, #4 Exhibit DRIMI_Delara 001067-001071) (Holmes, Martin)
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Filing 139
MOTION to Dismiss by Defendant Diamond Resorts International Marketing, Inc.. 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 Declaration Coffee Carter, #11 Exhibit Ex. 1 to Coffee Carter Declaration, #12 Exhibit Ex. 2 to Coffee Carter Declaration, #13 Declaration Alison M. Hamer, #14 Exhibit Ex. 1 to Alison Hamer Declaration, #15 Exhibit Ex. 2 to Alison Hamer Declaration, #16 Exhibit Ex. 3 to Alison Hamer Declaration, #17 Exhibit Ex. 4 to Alison Hamer Declaration, #18 Exhibit Ex. 5 to Alison Hamer Declaration, #19 Exhibit Ex. 6 to Alison Hamer Declaration, #20 Declaration Jo Anna Lebo, #21 Exhibit Ex. 1 to Jo Anna Lebo Declaration, #22 Exhibit Ex. 2 to Jo Anna Lebo Declaration, #23 Exhibit Ex. 3 to Jo Anna Lebo Declaration, #24 Exhibit Ex. 4 to Jo Anna Lebo Declaration, #25 Declaration Ferry E. Lopez, #26 Exhibit Ex. 1 to Ferry Lopez Declaration, #27 Exhibit Ex. 2 to Ferry Lopez Declaration, #28 Exhibit Ex. 2A to Ferry Lopez Declaration, #29 Exhibit Ex. 3 to Ferry Lopez Declaration, #30 Exhibit Ex. 4 to Ferry Lopez Declaration, #31 Exhibit Ex. 5 to Ferry Lopez Declaration, #32 Exhibit Ex. 6 to Ferry Lopez Declaration, #33 Exhibit Ex. 7 to Ferry Lopez Declaration, #34 Declaration Brook Schafte, #35 Exhibit Ex. 1 (Part 1) to Brook Schafte Declaration, #36 Exhibit Ex. 1 (Part 2) to Brook Schafte Declaration, #37 Declaration Mindy Smolnik, #38 Exhibit Ex. 1 to Mindy Smolnik Declaration, #39 Exhibit Ex. 2 to Mindy Smolnik Declaration, #40 Declaration Stevi Wara, #41 Exhibit Ex. 1 to Stevi Wara Declaration, #42 Exhibit Ex. 1A to Stevi Wara Declaration, #43 Exhibit Ex. 2 to Stevi Wara Declaration) (Hamer, Alison)
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Filing 138
ORDER Granting #137 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Ferry Eden Bagona Lopez for Diamond Resorts International Marketing, Inc. and approving Designation of Local Counsel Jennifer K. Hostetler. Signed by Judge Andrew P. Gordon on 2/19/2021. 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 - MR)
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Filing 137
First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Ferry Eden Bagona Lopez and DESIGNATION of Local Counsel Jennifer Hostetler (Filing fee $ 250 receipt number 0978-6375844) by Defendant Diamond Resorts International Marketing, Inc.. (Hostetler, Jennifer)
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Filing 136
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 135
ORDER Granting #125 Motion to Reopen and Extend Deadlines. Discovery due by 6/30/2021. Motions due by 7/30/2021. Proposed Joint Pretrial Order due by 8/30/2021. Signed by Magistrate Judge Nancy J. Koppe on 2/2/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 134
MINUTES OF PROCEEDINGS - Motion Hearing held on 2/2/2021 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Reyes; Pla Counsel: Martin Holmes, Michael Feder, Peter Klett; Def Counsel: Kirstin Muller; Also Present: Calter Huntington, Defendant's Representative; Court Reporter: FTR; Time of Hearing: 10:02 - 10:21 a.m.; Recording start and end times: 10:02:09 - 10:21:30; Courtroom: 3D; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to #125 Motion to Modify Discovery Plan/Scheduling Order. The Court takes this matter under submission. Written ruling of the Court will be issue, as stated on the record. (no image attached) (Copies have been distributed pursuant to the NEF - ADR)
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Filing 133
ORDER re #125 Motion. The Court hereby SETS a telephonic hearing for 10:00 AM on 2/2/2021. Signed by Magistrate Judge Nancy J. Koppe on 1/25/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 132
ORDER re #125 Motion. The Court DENIES without prejudice Plaintiff's motion to revive and extend the deadline to amend the pleadings. Signed by Magistrate Judge Nancy J. Koppe on 1/25/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 131
REPLY to Response to #125 Motion by Plaintiff Alberto Delara. (Attachments: #1 Declaration Martin D. Holmes) (Holmes, Martin)
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Filing 130
REQUEST for Judicial Notice re #129 Response by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 129
RESPONSE to #125 Motion by Defendant Diamond Resorts International Marketing, Inc.. Replies due by 1/22/2021. (Muller, Kirstin)
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Filing 128
NOTICE of Filing Consent Form by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 127
EXHIBIT to Notice of Filing Consent Forms to #126 Notice (Other) by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 126
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 125
MOTION FOR AN ORDER MODIFYING THE DISCOVERY PLAN AND SCHEDULING ORDER by Plaintiff Alberto Delara. Responses due by 1/15/2021. (Holmes, Martin)
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Filing 124
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.) (no image attached) (JM)
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Filing 123
SCHEDULING ORDER granting #121 Discovery Plan and Scheduling Order; ORDER denying #122 Discovery Plan and Scheduling Order; Motions due by 2/11/2021. Proposed Joint Pretrial Order due by 3/15/2021. Signed by Magistrate Judge Nancy J. Koppe on 12/29/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 122
Proposed Discovery Plan and Scheduling Order by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 121
Amended Proposed Discovery Plan and Scheduling Order by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 120
ORDER granting #119 Stipulation to Extend Deadline to File Amended Proposed Discovery Plan and Scheduling Order. Amended Discovery Plan/Scheduling Order due by 12/28/2020. Signed by Magistrate Judge Nancy J. Koppe on 12/21/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 119
STIPULATION FOR EXTENSION OF TIME (First Request) to File an Amended Proposed Discovery Plan and Scheduling by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 118
Joint STATUS REPORT by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 117
NOTICE of Filing Consent Form by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 116
NOTICE of Filing Consent Form by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 115
NOTICE of Filing Consent Form by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 114
NOTICE of Filing Consent Form by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 113
NOTICE of Filing Consent Form by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 112
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 111
NOTICE of Filing Consent Form by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 110
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 109
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 108
NOTICE of Filing Consent Form by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 107
NOTICE of Filing Consent Form by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 106
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 105
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 104
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 103
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 102
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 101
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 100
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 99
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 98
ORDER granting #97 Stipulation; Joint Status Report due by 12/11/2020. Amended Discovery Plan/Scheduling Order due by 12/18/2020. Proceedings in this matter are stayed until December 7, 2020. Signed by Magistrate Judge Nancy J. Koppe on 8/10/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 97
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 Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 96
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 95
NOTICE Of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consnet Forms) (Holmes, Martin)
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Filing 94
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 93
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 92
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 91
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 90
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 89
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 88
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 87
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 86
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 85
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 84
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 83
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 82
NOTICE of Filing Consent Forms by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 81
ORDER granting #80 Verified Petition for Permission for Trevor W. Howell to Practice Pro Hac Vice and approving Designation of Local Counsel Michael N. Feder. Signed by Judge Andrew P. Gordon on 6/9/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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Filing 80
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Trevor Howell and DESIGNATION of Local Counsel Michael Feder by Plaintiff Alberto Delara. (JM)
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Filing 79
ORDER Granting #77 Stipulation to Approve Court-Supervised Notice, Reminder Notice and Consent Form. Signed by Judge Andrew P. Gordon on 6/8/2020.(Copies have been distributed pursuant to the NEF - ADR)
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Filing 78
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Trevor W. Howell to comply with completion and 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. 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 documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 6/16/2020. (no image attached) (SLD)
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Filing 77
STIPULATION TO APPROVE COURT-SUPERVISED NOTICE, REMINDER NOTICE AND CONSENT FORM by Plaintiff Alberto Delara. (Attachments: #1 Exhibit Proposed Notice, Reminder Notice and Consent) (Holmes, Martin)
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Filing 76
NOTICE of Change of Address by Michael N Feder. (Feder, Michael)
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Filing 75
ORDER denying #65 Motion to Stay Case; Motions due by 9/14/2020. Proposed Joint Pretrial Order due by 10/14/2020. 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 74
MINUTES OF PROCEEDINGS - Motion Hearing re: #65 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 #65 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 73
ORDER denying without prejudice #69 Motion to Compel; ORDER denying without prejudice #71 Motion for Sanctions; A meet and confer must be scheduled now to take place on 5/21/2020. Signed by Magistrate Judge Nancy J. Koppe on 5/15/2020. (Copies have been distributed pursuant to the NEF - JM) Modified on 5/18/2020 to edit text (SLD).
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Filing 72
ORDER Setting Hearing on #65 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 71
MOTION for Sanctions by Plaintiff Alberto Delara. Responses due by 5/27/2020. (Attachments: #1 Exhibit Declaration of Martin D. Holmes, #2 Exhibit Plaintiff's Second Set of Discovery, #3 Exhibit Defendant's Response - RFA, #4 Exhibit Defendant's Response - Interrogatories, #5 Exhibit 2/27/2020 Letter) (Holmes, Martin)
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Filing 70
CLERK'S NOTICE. Attorney Action Required to ECF No. #69 . Document was not filed pursuant to LR IC 2-2(b) by attorney Martin D. Holmez. For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile ECF No. #69 re the second request for Motion for Sanctions using the appropriate event to be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing two separate documents for each request or purpose. (no image attached) (SLD)
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Filing 69
MOTION to Compel RESPONSES TO PLAINTIFFS DISCOVERY TO DEFENDANT AND FOR SANCTIONS PURSUANT TO FED. R. CIV. P. 37(A)(5) AND LR IA 1- 3(F)(3) by Plaintiff Alberto Delara. Responses due by 5/27/2020. (Attachments: #1 Exhibit Declaration of Martin D. Holmes, #2 Exhibit Plaintiff's Second Set of Discovery, #3 Exhibit Defendant's Response - RFA, #4 Exhibit Defendant's Response - Interrogatories, #5 Exhibit 2/27/2020 Letter) (Holmes, Martin) Modified on 5/13/2020 pursuant to LR IC 2-2(b) (SLD).
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Filing 68
REPLY to Response to #65 Emergency Motion to Stay Case by Defendant Diamond Resorts International Marketing, Inc. (Attachments: #1 Declaration Kirstin E. Muller) (Muller, Kirstin)
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Filing 67
RESPONSE to #65 Emergency Motion to Stay Case by Plaintiff Alberto Delara. Replies due by 5/13/2020. (Attachments: #1 Exhibit Declaration of Martin D. Holmes, #2 Exhibit Note from Flasky) (Holmes, Martin)
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Filing 66
MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 5/4/2020. Re: #65 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 65
Emergency MOTION to Stay Case by Defendant Diamond Resorts International Marketing, Inc. (Attachments: #1 Declaration Brook Schafte, #2 Declaration Kirstin E. Muller, #3 Request for Judicial Notice) (Muller, Kirstin)
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Filing 64
ORDER denying as moot #50 Motion to Strike; ORDER granting #53 Motion for Leave to File Document; ORDER granting in part and denying in part #31 Motion to Certify Class; Signed by Judge Andrew P. Gordon on 4/30/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 63
NOTICE re Withdrawal of #30 Consent Form, by Alberto Delara. (Holmes, Martin)
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Filing 62
ORDER granting #61 Stipulation; Proposed Joint Pretrial Order due by 8/13/2020. Signed by Magistrate Judge Nancy J. Koppe on 4/23/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 61
STIPULATION FOR EXTENSION OF TIME (First Request) to File Joint Pretrial Order re: #27 Scheduling Order, by Plaintiff Alberto Delara. (Holmes, Martin) Modified on 4/23/2020 to link document pursuant to LR IC 2-2(d) (SLD).
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Filing 60
ORDER granting #58 Stipulation; Motions due by 6/29/2020. Signed by Magistrate Judge Nancy J. Koppe on 3/17/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 59
CERTIFICATE OF SERVICE for #58 Stipulation by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 58
STIPULATION TO CONTINUE (First Request) RULE 30(B)(6) Deposition and Dispositive Motion Deadlines by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 57
ORDER denying #55 Motion to Amend/Correct. Signed by Magistrate Judge Nancy J. Koppe on 2/28/2020.(Copies have been distributed pursuant to the NEF - JM)
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Filing 56
ORDER granting #54 Stipulation. ORDERED that the deposition of Defendant's Rule 30(b)(6) designees, previously noticed for February 27, 2020, shall be rescheduled and taken on or before March 27, 2020. Signed by Magistrate Judge Nancy J. Koppe on 2/28/2020.(Copies have been distributed pursuant to the NEF - JM)
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Filing 55
First MOTION to Amend/Correct #27 Scheduling Order, by Plaintiff Alberto Delara. Responses due by 3/12/2020. (Holmes, Martin)
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Filing 54
Unopposed STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery Rule 30(B)(6) Depositions Beyond Discovery Deadline by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 53
MOTION for Leave to File Notice of Supplemental Authority by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 52
RESPONSE to #50 Motion to Strike by Defendant Diamond Resorts International Marketing, Inc.. Replies due by 3/2/2020. (Muller, Kirstin)
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Filing 51
ORDER granting #47 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Autumn L. Gentry for Alberto Delara and approving Designation of Local Counsel Michael N. Feder. Signed by Judge Andrew P. Gordon on 2/10/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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Filing 50
MOTION to Strike #49 Notice (Other) by Plaintiff Alberto Delara. Responses due by 2/24/2020. (Holmes, Martin)
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Filing 49
NOTICE OF SUPPLEMENTAL AUTHORITY by Diamond Resorts International Marketing, Inc. re #32 Response. (Muller, Kirstin)
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Filing 48
CLERK'S NOTICE to Attorney Regarding ECF No. #47 . Document is not in compliance with ECF NO. 37 Clerk's Notice, which states: All further documents must bear the correct case number 2:19-cv-00022-APG-NJK. Attorney Autumn L. Gentry and Michael N. Feder advised to correct the case number before filing any future documents to be in compliance with 37. No further action is required to documents #47 at this time (no image attached) (DKJ)
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Filing 47
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Autumn L. Gentry and DESIGNATION of Local Counsel Michael N. Feder (Filing fee $ 250 receipt number 0978-5879420) by Plaintiff Alberto Delara. (Feder, Michael)
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Filing 46
ORDER Re: #45 Order on Stipulated Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 2/4/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 45
PROTECTIVE ORDER. ORDER granting #44 Stipulated Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 2/4/2020.(Copies have been distributed pursuant to the NEF - JM)
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Filing 44
STIPULATED PROTECTIVE ORDER by Defendant Diamond Resorts International Marketing, Inc.. (Muller, Kirstin)
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Filing 43
ORDER denying #42 Motion to Amend/Correct. Signed by Magistrate Judge Nancy J. Koppe on 1/3/2020.(Copies have been distributed pursuant to the NEF - JM)
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Filing 42
Unopposed MOTION to Amend/Correct #27 Scheduling Order, by Plaintiff Alberto Delara. Responses due by 1/13/2020. (Holmes, Martin)
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Filing 41
Interim STATUS REPORT by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 40
ORDER denying #39 Motion to Extend Time. Signed by Magistrate Judge Nancy J. Koppe on 12/2/2019.(Copies have been distributed pursuant to the NEF - JM)
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Filing 39
MOTION to Extend Time (First Request) re #27 Scheduling Order, by Plaintiff Alberto Delara. (Holmes, Martin)
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Filing 38
NOTICE of Filing Consent Form by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 37
ORDER. The Clerk's Office is INSTRUCTED that this case is to be reassigned to Magistrate Judge Nancy J. Koppe for all further purposes. All further documents must bear the correct case number 2:19-cv-00022-APG-NJK. Signed by Magistrate Judge Nancy J. Koppe on 8/15/2019. (Copies have been distributed pursuant to the NEF - MR)
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Filing 36
NOTICE OF RELATED CASES 2:18-cv-00979-APG-NJK by Defendant Diamond Resorts International Marketing, Inc.. (Hostetler, Jennifer)
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Filing 35
NOTICE of Appearance by attorney Brian Douglas Blakley on behalf of Defendant Diamond Resorts International Marketing, Inc.. (Blakley, Brian)
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Filing 34
CLERK'S NOTICE that due to the retirement of U.S. Magistrate Judge Carl W. Hoffman, this case is reassigned to U.S. Magistrate Judge Elayna J. Youchah for all further proceedings. All further documents must bear the correct case number 2:19-cv-00022-APG-EJY. (no image attached) (AF)
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Filing 33
REPLY to #31 Motion to Certify Class by Plaintiff Alberto Delara. (Attachments: #1 Exhibit Defendant's Initial Disclosures, #2 Exhibit Supplemental Declaration of Delara, #3 Exhibit Gennari Pay Stub, #4 Exhibit Declaration of Chiapponi, #5 Exhibit Reno Notice) (Holmes, Martin)
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Filing 32
RESPONSE to #31 Motion to Certify Class by Defendant Diamond Resorts International Marketing, Inc.. Replies due by 7/29/2019. (Attachments: #1 Declaration, #2 Declaration) (Hamer, Alison)
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Filing 31
MOTION to Certify Class; filed by Plaintiff Alberto Delara. Responses due by 7/22/2019. (Attachments: #1 Exhibit Proposed forms, #2 Exhibit Reminder Notices, #3 Declaration of Alberto Delara) (Holmes, Martin)
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Filing 30
NOTICE; filed by Alberto Delara. (Attachments: #1 Exhibit Consent Form) (Holmes, Martin)
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Filing 29
NOTICE; filed by Alberto Delara. (Holmes, Martin)
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Filing 28
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.) (no image attached) (JM)
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Filing 27
SCHEDULING ORDER granting #26 Proposed Discovery Plan/Scheduling Order. Discovery due by 2/27/2020. Motions due by 3/29/2020. Proposed Joint Pretrial Order due by 5/13/2020. Signed by Magistrate Judge Carl W. Hoffman on 4/9/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing 26
PROPOSED Discovery Plan/Scheduling Order by Plaintiff Alberto Delara (Holmes, Martin)
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Filing 25
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 24
ORDER granting #18 Verified Petition for Permission for Alison M. Hamer to Practice Pro Hac Vice and approving Designation of Local Counsel Jennifer Hostetler. Signed by Chief Judge Gloria M. Navarro on 2/26/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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Filing 23
ORDER granting #17 Verified Petition for Permission for Benjamin J. Treger to Practice Pro Hac Vice and approving Designation of Local Counsel Jennifer Hostetler. Signed by Chief Judge Gloria M. Navarro on 2/25/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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Filing 22
ORDER granting #16 Verified Petition for Permission for Kirstin E. Muller to Practice Pro Hac Vice and approving Designation of Local Counsel Jennifer Hostetler. Signed by Chief Judge Gloria M. Navarro on 2/25/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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Filing 21
NOTICE; filed by Alberto Delara. (Attachments: #1 Exhibit Consent Forms) (Holmes, Martin)
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Filing 20
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 2:19-cv-00022-APG-CWH. (no image attached) (RFJ)
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Filing 19
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 18
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 0978-5438719) by Defendant Diamond Resorts International Marketing, Inc.. (Hostetler, Jennifer)
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Filing 17
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 0978-5438708) by Defendant Diamond Resorts International Marketing, Inc.. (Hostetler, Jennifer)
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Filing 16
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 0978-5438697) by Defendant Diamond Resorts International Marketing, Inc.. (Hostetler, Jennifer)
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Filing 15
CERTIFICATE of Interested Parties by Diamond Resorts International Marketing, Inc. 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 International, Inc., Corporate Parent Dakota Parent, Inc., Corporate Parent Diamond Resorts Developer and Sales Holding Company, Corporate Parent Dakota Intermediate, Inc., Corporate Parent Dakota Holdings, Inc., Corporate Parent Apollo Global Management LLC for Diamond Resorts International Marketing, Inc. added. (Hostetler, Jennifer)
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Filing 14
NOTICE OF RELATED CASES 2:18-cv-00979-GMN-VCF by Defendant Diamond Resorts International Marketing, Inc.. (Hostetler, Jennifer)
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Filing 13
ANSWER to #1 Complaint,, filed by Diamond Resorts International Marketing, Inc.. Discovery Plan/Scheduling Order due by 4/6/2019.(Hostetler, Jennifer) 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 12
ORDER granting #8 Verified Petition for Permission for Peter F. Klett III to Practice Pro Hac Vice and approving Designation of Local Counsel Michael N. Feder. Signed by Chief Judge Gloria M. Navarro on 2/14/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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Filing 11
ORDER granting #7 Verified Petition for Permission for Martin D. Holmes to Practice Pro Hac Vice and approving Designation of Local Counsel Michael N. Feder. Signed by Chief Judge Gloria M. Navarro on 2/14/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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Filing 10
NOTICE; filed by Alberto Delara. (Attachments: #1 Exhibit 1)(Feder, Michael)
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Filing 9
NOTICE; filed by Alberto Delara. (Attachments: #1 Exhibit 1)(Feder, Michael)
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Filing 8
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 0978-5412911) by Plaintiff Alberto Delara. (Feder, Michael)
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Filing 7
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 0978-5412894) by Plaintiff Alberto Delara. (Feder, Michael)
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Filing 6
SUMMONS Returned Executed by Alberto Delara re #1 Complaint,, #2 Summons Issued. Diamond Resorts International Marketing, Inc. served on 1/30/2019, answer due 2/20/2019. (Feder, Michael)
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Filing 5
CERTIFICATE of Interested Parties by Alberto Delara. 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 1/4/2019. 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 Peter F. Klett, Michael Feder to comply with completion and 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. 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 documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 2/17/2019. (no image attached) (JM)
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Filing 2
Summons Issued as to Diamond Resorts International Marketing, Inc. (JM)
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Filing 1
COMPLAINT against Diamond Resorts International Marketing, Inc. (Filing fee $400 receipt number 0978-5379227) by Alberto Delara. Proof of service due by 4/3/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet, #9 Summons)(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 Carl W. Hoffman. (JM)
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