King v. Diamond Resorts International Marketing, Inc.
| Patti King |
| Diamond Resorts International Marketing, Inc. |
| 2:2019cv00139 |
| January 24, 2019 |
| US District Court for the District of Nevada |
| Jennifer A Dorsey |
| George Foley |
| Gloria M Navarro |
| Elayna J Youchah |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 |
| Both |
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This docket was last retrieved on November 18, 2019. A more recent docket listing may be available from PACER.
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Filing 40
ORDER Granting #39 Stipulation of Dismissal with prejudice. Signed by Judge Jennifer A. Dorsey on 11/18/2019.(Copies have been distributed pursuant to the NEF - SLD)
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| Filing 39 STIPULATION of Dismissal with Prejudice by Plaintiff Patti King. (Sexton, David) Modified event on 11/13/2019 (EDS). |
| Filing 38 MINUTES OF PROCEEDINGS - Early Neutral Evaluation session held on 9/17/2019 before Magistrate Judge Brenda Weksler. Pla Counsel: David Sexton; Def Counsel: Hayley Cummings, Swen Prior, and Calder Huntington; Time of Hearing: 8:30 a.m. to 12:16 p.m.; Courtroom: ADR Suite. In addition to Plaintiff's counsel, Plaintiff Patti King was also present. The court heard presentations from counsel and the parties. A settlement was reached. The parties are to execute settlement documents, complete settlement, and file dismissal paperwork by October 17, 2019. If a stipulated dismissal has not been filed by that date, the parties must file a joint status report stating what is impeding settlement and how or if the court can assist. (no image attached) (Copies have been distributed pursuant to the NEF - Gesmundo, Emily) |
| Filing 37 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 8/12/2019. Due to a conflict in the court's calendar, the Early Neutral Evaluation currently set for 8/16/2019 is VACATED and RESET for 9/17/2019. Plaintiff must report to Magistrate Judge Weksler's chambers at 8:30 a.m. Defendant must report to Magistrate Judge Weksler's chambers at 9:00 a.m. ENE briefs are due by 4:00 p.m. on 9/10/2019. All other provisions of the court's previous order #13 setting the ENE remain in effect. (no image attached) (Copies have been distributed pursuant to the NEF - LAA) |
| Filing 36 CLERK'S NOTICE that due to the retirements of U.S. Magistrate Judge George Foley, Jr., and 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-00139-JAD-EJY. U.S. Magistrate Judge Brenda Weksler will be the evaluating judge in this case for the Early Neutral Evaluation session. (no image attached) (AF) |
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Filing 35
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carl W. Hoffman on 7/19/2019. Due to a conflict in the court's calendar, the early neutral evaluation currently set for 8/21/2019 is ADVANCED to 8/16/2019. The early neutral evaluation will be conducted by Magistrate Judge Hoffman's successor. Plaintiff must report to Magistrate Judge Hoffman's successor's chambers at 9:30 a.m. Defendant must report to Magistrate Judge Hoffman's successor's chambers at 10:00 a.m. Early neutral evaluation briefs are due by 4:00 p.m. on 8/9/2019. All other provisions of the court's previous order #31 setting the early neutral evaluation remain in effect. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LAA) Modified on 7/19/2019 to correct typographical error (LAA).
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| Filing 34 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (SLD) |
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Filing 33
SCHEDULING ORDER Granting #32 Proposed Discovery Plan/Scheduling Order. Discovery due by 12/17/2019. Motions due by 1/16/2020. Proposed Joint Pretrial Order due by 2/14/2020. Signed by Magistrate Judge George Foley, Jr on 7/12/2019. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 32 PROPOSED Discovery Plan/Scheduling Order by Plaintiff Patti King (Sexton, David) . |
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Filing 31
ORDER setting Early Neutral Evaluation session. This ENE will be conducted by Magistrate Judge Hoffman's successor on 8/21/2019 in LV Chambers. Plaintiff must report at 8:30 a.m. and Defendant must report at 9:00 a.m. Confidential briefs due in chambers by 4:00 p.m. on 8/14/2019. Signed by Magistrate Judge Carl W. Hoffman on 6/20/2019. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 30 ANSWER to #19 Amended Complaint filed by Diamond Resorts International Marketing, Inc..(Prior, Paul) |
| Filing 29 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/10/2019 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: David Sexton; Def Counsel: Hayley Cummings; Court Reporter: Amber McClane; Time of Hearing: 2:35 p.m. - 3:05 p.m.; Courtroom: 6D;The Court makes preliminary remarks and hears arguments from counsel on defendant's #21 Motion to Dismiss. As stated on the record, the motion to dismiss is granted in part and denied in part. Plaintiff's first claim for relief is dismissed with prejudice. All other claims remain. Court adjourns. The minutes of this proceeding and the transcript will serve as the court's official ruling. No separate written order will be issued. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carl W. Hoffman on 5/21/2019. IT IS ORDERED that the parties' stipulation #25 to continue the early neutral evaluation currently set for 5/31/2019 is GRANTED. The early neutral evaluation is reset for the court's next available date, which is 7/17/2019. Plaintiff must report to Magistrate Judge Hoffman's chambers at 08:30 a.m. Defendant must report to Magistrate Judge Hoffman's chambers at 9:00 a.m. ENE briefs are due in chambers by 4:00 p.m. on 7/10/2019. All other provisions of the court's previous order #13 setting the ENE remain in effect. (Copies have been distributed pursuant to the NEF - LAA) |
| Filing 27 NOTICE Setting Hearing on #21 MOTION to Dismiss #19 Amended Complaint : Motion Hearing set for 6/10/2019 at 02:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (no image attached) (DC) |
| Filing 26 REPLY to Response to #21 Motion to Dismiss by Defendant Diamond Resorts International Marketing, Inc.. (Prior, Paul) |
| Filing 25 STIPULATION TO CONTINUE (Second Request) Early Neutral Evaluation Session by Plaintiff Patti King. (Sexton, David) |
| Filing 24 RESPONSE to #21 Motion to Dismiss by Plaintiff Patti King. Replies due by 5/16/2019. (Sexton, David) |
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Filing 23
ORDER Granting #22 Stipulation to Continue ENE Session (First Request). The early neutral evaluation is reset for Friday, 5/31/2019. Plaintiff must report to Magistrate Judge Hoffman's chambers at 8:30 a.m. Defendant must report at 9:00 a.m. ENE briefs are due by 4:00 p.m. on Friday, 5/24/2019. All other provisions of #13 the court's order remain in effect. Signed by Magistrate Judge Carl W. Hoffman on 4/29/2019. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 22 STIPULATION TO CONTINUE (First Request) ENE Session by Defendant Diamond Resorts International Marketing, Inc. (Prior, Paul) |
| Filing 21 MOTION to Dismiss #19 Amended Complaint by Defendant Diamond Resorts International Marketing, Inc.. Responses due by 5/9/2019. (Attachments: #1 Exhibit A-EEOC Charge, #2 Exhibit B-Notice of Right to Sue) (Prior, Paul) |
| Filing 20 TRANSCRIPT of Proceedings, 18 Motion Hearing, held on 4/1/2019, before Judge Jennifer A. Dorsey. Court Reporter: Amber McClane, AM@nvd.uscourts.gov. Reporting start and end times: 3:02 p.m. - 3:33 p.m. Any Redaction Request is due by 5/8/2019. Redacted Transcript Deadline is set for 5/18/2019. Release of the Transcript Restriction is set for 7/16/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. The Transcript Order Form is available on the court website. After that date, the transcript may be obtained through the court reporter or PACER. (AMM) |
| Filing 19 First AMENDED COMPLAINT with Jury Demand against Diamond Resorts International Marketing, Inc. by Patti King. No changes to parties. Proof of service due by 7/10/2019. (Attachments: #1 Exhibit Exhibit A)(Sexton, David) |
| Filing 18 MINUTES OF PROCEEDINGS - Motion Hearing held on 4/1/2019 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: David Sexton; Def Counsel: Haley Cummings, Swen Prior; Court Reporter: Amber McClane; Time of Hearing: 3:02 p.m. - 3:34 p.m.; Courtroom: 6D; The Court makes preliminary remarks and hears representations of counsel on defendant's motion to dismiss #10 . As stated on the record, the Court GRANTS the motion to dismiss. Plaintiff has 10 day to file an amended complaint. Court adjourns. The minutes of this proceeding and the transcript will serve as the Court's official ruling. No separate written order will follow. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 17 REPLY to Response to #10 Motion to Dismiss, by Defendant Diamond Resorts International Marketing, Inc.. (Prior, Paul) |
| Filing 16 RESPONSE to #10 Motion to Dismiss, by Plaintiff Patti King. Replies due by 3/20/2019.(Sexton, David) |
| Filing 15 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carl W. Hoffman on 3/6/2019. Due to a conflict in the court's calendar, the Early Neutral Evaluation currently set for 5/10/2019 is VACATED and RESET for 5/22/2019 in LV Chambers before Magistrate Judge Carl W. Hoffman. Plaintiff must report to Magistrate Judge Hoffman's chambers at 8:30 a.m. Defendant must report to Magistrate Judge Hoffman's chambers at 9:00 a.m. ENE briefs are due by 4:00 p.m. on 5/15/2019. All other provisions of the court's previous order #13 setting the ENE remain in effect.(no image attached) (Copies have been distributed pursuant to the NEF - LAA) |
| Filing 14 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney David M. Sexton is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (DKJ) |
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Filing 13
ORDER setting Early Neutral Evaluation session. Early Neutral Evaluation set for 5/10/2019 in LV Chambers before Magistrate Judge Carl W. Hoffman. Plaintiff must report at 8:30 a.m. and Defendant must report at 9:00 a.m. The written evaluation statements must be submitted directly chambers-Room 3014-by 4:00 p.m. on 5/3/2019. Signed by Magistrate Judge Carl W. Hoffman on 2/28/2019. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 12 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 International, Inc., Other Affiliate Diamond Resorts Corporation, Other Affiliate Diamond Resorts Developer and Sales Holding Company for Diamond Resorts International Marketing, Inc. added. (Prior, Paul) |
| Filing 11 NOTICE Setting Hearing on #10 MOTION to Dismiss #1 Complaint: Motion Hearing set for 4/1/2019 at 03:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (no image attached) (DC) |
| Filing 10 MOTION to Dismiss #1 Complaint,, by Defendant Diamond Resorts International Marketing, Inc.. Responses due by 3/13/2019. Discovery Plan/Scheduling Order due by 4/13/2019. (Prior, Paul) 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 9 CLERK'S NOTICE that this case is randomly reassigned to Judge Jennifer A. Dorsey for all further proceedings. All further documents must bear the correct case number 2:19-cv-00139-JAD-GWF. (no image attached) (DKJ) |
| Filing 8 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) |
| Filing 7 SUMMONS Returned Executed by Patti King re #1 Complaint,,. Diamond Resorts International Marketing, Inc. served on 2/6/2019, answer due 2/27/2019. (Attachments: #1 Summons)(Bonds, Kurt) |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 1/29/2019. By Deputy Clerk: Aaron Blazevich.This case has been randomly 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 5 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney David Sexton is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (DKJ) |
| Filing 4 CERTIFICATE of Interested Parties by Patti King. There are no known interested parties other than those participating in the case (Bonds, Kurt) |
| Filing 3 Summons Issued as to Diamond Resorts International Marketing, Inc.. (MMM) |
| Filing 2 NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Carl W. Hoffman will be the evaluating judge in this case. (no image attached) (MMM) |
| Filing 1 COMPLAINT against Diamond Resorts International Marketing, Inc. (Filing fee $400 receipt number 0978-5404062) by Patti King. Proof of service due by 4/24/2019. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons Diamond Resorts International Marketing, Inc. Summons)(Bonds, Kurt) 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. Modified on 1/24/2019 to restrict access to exhibit A pursuant to LR IC 6-1 (DKJ). |
| Case assigned to Chief Judge Gloria M. Navarro and Magistrate Judge George Foley, Jr. (MMM) |
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