Franco et al v. Hilton Grand Vacations
| Mary Ann Franco and Henry B. Franco |
| Hilton Grand Vacations |
| 2:2019cv00090 |
| January 15, 2019 |
| US District Court for the District of Nevada |
| Nancy J Koppe |
| Gloria M Navarro |
| Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2019. A more recent docket listing may be available from PACER.
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| Filing 19 CERTIFICATE of Interested Parties by Henry B. Franco, Mary Ann Franco. There are no known interested parties other than those participating in the case (Burk, Christopher) |
| Filing 18 ANSWER to #5 Answer to Petition for Removal,,, Counterclaim,, filed by Henry B. Franco, Mary Ann Franco.(Burk, Christopher) |
| Filing 17 CLERK'S NOTICE. Attorney Action Required to ECF No. #16 . Document was not filed in compliance with FRCP 55 as it does not contain an affidavit or Motion. Counsel is advised to To download and complete "Default" form, from the Court's website #www.nvd.uscourts.gov. . 2. Include the Motion and Affidavit/ Declaration and accompanied Default form and file a Notice of Corrected Image/Document and link to #16 . (no image attached) (DKJ) Modified web address on 2/22/2019 (DKJ). |
| Filing 16 MOTION for Entry of Clerks Default re #5 Answer to Petition for Removal,,, Counterclaim,, by Counter Claimant Hilton Grand Vacations. (Silvestri, Phillip) |
| Filing 15 RESPONSE to #8 Motion to Remand to State Court by Defendant Hilton Grand Vacations. Replies due by 2/27/2019. (Silvestri, Phillip) |
| Filing 14 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) (MR) |
Filing 13
ORDER Regarding Briefing Schedule For Discovery Motions. Signed by Magistrate Judge Nancy J. Koppe on 2/14/2019. (Copies have been distributed pursuant to the NEF - MR)
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Filing 12
SCHEDULING ORDER re #11 Proposed Discovery Plan/Scheduling Order. Discovery due by 7/22/2019. Motions due by 8/21/2019. Proposed Joint Pretrial Order due by 9/20/2019. Signed by Magistrate Judge Nancy J. Koppe on 2/14/2019. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 11 PROPOSED Discovery Plan/Scheduling Order by Defendant Hilton Grand Vacations (Silvestri, Phillip) |
| Filing 10 Joint STATUS REPORT by Defendant Hilton Grand Vacations. (Silvestri, Phillip) |
| Filing 9 RESPONSE to 7 Minute Order, by Defendant Hilton Grand Vacations. (Attachments: #1 Exhibit 1 Declaration of Donna Barras, #2 Exhibit 2 Declaration of Richard W. Epstein) (Silvestri, Phillip) |
| Filing 8 First MOTION to Remand to State Court by Plaintiffs Henry B. Franco, Mary Ann Franco. Responses due by 2/20/2019. (Burk, Christopher) |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 1/24/2019. IT IS HEREBY ORDERED that Defendant Hilton Grand Vacations ("Defendant") show cause as to why the Court should not remand this action to Clark County District Court for failure to satisfy the diversity jurisdiction requirements set forth in 28 U.S.C. 1332. Specifically, Defendant states the amount in controversy exceeds $75,000.00 because Plaintiffs "request treble damages pursuant to Nev. Rev. Stat. 598.0999(3)." (Pet. for Removal 2:2122, ECF No. #1 ). However, Nev. Rev. Stat. 598.0999(3) refers to misdemeanor and felony penalties, and does not explicitly authorize its use in actions by private plaintiffs. Thus, the amount in controversy and subject-matter jurisdiction in this case remain at issue. Defendant shall have until February 8, 2019, to file a brief, not to exceed ten pages, demonstrating that the Court has subject-matter jurisdiction over this action. Failure to comply with this Order will result in this case being remanded to Clark County District Court. Additionally, if Plaintiffs wish to address the jurisdictional issues implicated by this Order, they shall have until February 8, 2019, to file a brief, not to exceed ten pages, discussing the issues raised herein.(Copies have been distributed pursuant to the NEF - KK) |
| Filing 6 STATEMENT REGARDING REMOVAL by Defendant Hilton Grand Vacations. (Silvestri, Phillip) |
| Filing 5 ANSWER re #1 Petition for Removal,, (, Discovery Plan/Scheduling Order due by 3/8/2019.), COUNTERCLAIM against Henry B. Franco, Mary Ann Franco by Hilton Grand Vacations. filed by Hilton Grand Vacations. (Attachments: #1 Exhibit Contract, #2 Exhibit Note)(Silvestri, Phillip) 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. |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 1/16/2019. 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) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 1/15/2019. Statement regarding removed action is due by 1/30/2019. Joint Status Report regarding removed action is due by 2/14/2019. (Copies have been distributed pursuant to the NEF - MR) |
| Filing 2 CERTIFICATE of Interested Parties by Hilton Grand Vacations that identifies all parties that have an interest in the outcome of this case. Corporate Parent Hilton Grand Vacations, Inc. for Hilton Grand Vacations added. (Silvestri, Phillip) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-18-780684-C, (Filing fee $ 400 receipt number 0978-5394226) by Hilton Grand Vacations d/b/a Hilton Resorts Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Sheet Civil Cover Sheet)(Silvestri, Phillip) 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. |
| Case assigned to Chief Judge Gloria M. Navarro and Magistrate Judge Nancy J. Koppe. (MR) |
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