Diamond Resorts Corporation, a Maryland corporation et al v. Brown et al
Plaintiff: Diamond Resorts International, Inc., a Delaware corporation, Diamond Resorts Holding, LLC, a Nevada limited liability company, Diamond Resorts Corporation, a Maryland corporation, Diamond Resorts International, Inc., Diamond Resorts Holding, LLC and Diamond Resorts Corporation
Defendant: Exchange Points Club, a Florida and Missouri limited liability company, Premier Rewards, LLC, a Missouri limited liability company, Owner Extras, LLC, a Missouri limited liability company, Vacation Management Group, LLC, a Missouri limited liability company, Martin Brown, VMG Resorts, LLC, a Missouri limited liability company, Kyle Brown, Exchange Points Club, VMG Resorts, LLC, Vacation Management Group, LLC, Premier Rewards, LLC and Owner Extras, LLC
Counter Defendant: Diamond Resorts Centralized Services Company and Diamond Resorts International Club, LLC
Case Number: 2:2019cv00227
Filed: February 6, 2019
Court: US District Court for the District of Nevada
Presiding Judge: Andrew P Gordon
Referring Judge: Nancy J Koppe
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2020 Filing 96 DECLARATION of Kyle Brown in Compliance with Consent Judgment and Permanent Injunction re #94 Order on Stipulated/Consent Judgment by Counter Claimant Kyle Brown, Defendant Kyle Brown. (Alvarez, Jorge)
September 29, 2020 Filing 95 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (JM)
September 29, 2020 Filing 94 CONSENT JUDGMENT granting #93 Stipulated Consent Judgment and Permanent Injunction. Signed by Judge Andrew P. Gordon on 9/29/2020.(Copies have been distributed pursuant to the NEF - JM) Modified event on 9/29/2020 (MMM).
September 24, 2020 Filing 93 STIPULATED/CONSENT JUDGMENT and Permanent Injunction by Counter Defendants Diamond Resorts Centralized Services Company, Diamond Resorts International Club, LLC, Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Vigil, Abran)
June 4, 2020 Opinion or Order Filing 92 ORDER granting in part and denying in part #90 Stipulation; Discovery due by 11/1/2020. Motions due by 12/31/2020. Proposed Joint Pretrial Order due by 2/1/2021. Signed by Magistrate Judge Nancy J. Koppe on 6/4/2020. (Copies have been distributed pursuant to the NEF - JM)
June 3, 2020 Filing 91 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #90 was not filed pursuant to LR IC 5-1(b) by attorneys Mark Albright and Jorge Alvarez. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM)
June 3, 2020 Filing 90 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #57 Scheduling Order, by Defendant Kyle Brown. (Albright, Mark)
December 5, 2019 Opinion or Order Filing 89 ORDER granting #65 Motion to Dismiss Counterclaim. Signed by Judge Andrew P. Gordon on 12/5/2019.(Copies have been distributed pursuant to the NEF - JM)
November 21, 2019 Opinion or Order Filing 88 ORDER Striking #87 Demand. Signed by Magistrate Judge Nancy J. Koppe on 11/21/2019. (Copies have been distributed pursuant to the NEF - JM)
November 20, 2019 Filing 87 STRICKEN PER #88 ORDER NOTICE of Defendants' Demand for Prior Pleadings and Discovery by Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Albright, Mark) Modified on 11/21/2019 (JM).
November 19, 2019 Filing 86 NOTICE of Appearance by attorney Mark Albright on behalf of Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Albright, Mark)
November 6, 2019 Opinion or Order Filing 85 ORDER granting #66 Motion to Withdraw. Defendants Kyle Brown and Martin Brown are ORDERED to file, by November 20, 2019, either a notice of intent to proceed pro se or a notice of appearance. Accordingly, each of the corporate Defendants is ORDERED to file, by November 20, 2019, a notice of appearance by new counsel. Signed by Magistrate Judge Nancy J. Koppe on 11/6/2019. (Copies have been distributed pursuant to the NEF - JM)
November 6, 2019 Filing 84 MINUTES OF PROCEEDINGS - Motion Hearing re: #66 Motion to Withdraw as Counsel of Record for Defendants and Counterclaimants held on 11/6/2019 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero; Pla Counsel: Abran E. Vigil, Esq., Joseph Sakai, Esq., & Russell J. Burke, Esq.; Def Counsel: Robert S. Larsen, Esq., Dione C. Wrenn, Esq., & Michael D. Kanach, Esq. (appearing telephonically); Time of Hearing: 10:02 AM - 10:27 AM; Electronic Court Recorder Operator: Liberty/ FTR; Recording start and end times: 10:02:29 - (SEALED 10:11:13 - 10:25:06) - 10:27:22; Courtroom: 3C; Defendants Kyle Brown and Martin Brown are present with counsel. Attorney Michael D. Kanach and Defendant Martin Brown are appearing telephonically. The Court makes preliminary statements and hears the representation of counsel as to #66 Motion to Withdraw as Counsel of Record for Defendants and Counterclaimants. Plaintiffs' counsel exit and the courtroom is secured. The record is SEALED at 10:11 a.m. The Court conducts an in camera hearing with Defendants Kyle Brown, Martin Brown and Defense counsel. The record is unsealed at 10:25 a.m. For the reasons stated on the record, IT IS ORDERED that #66 Motion to Withdraw as Counsel of Record for Defendants and Counterclaimants is GRANTED. Attorneys Robert S. Larsen, Dione C. Wrenn, and Michael D. Kanach are withdrawn from this case. Defendants Kyle Brown and Martin Brown's last known address will be added to the docket. IT IS FURTHER ORDERED that Defendants/ Counterclaimants Kyle Brown and Martin Brown will have until Wednesday, November 20, 2019, to either retain new counsel, who must file a Notice of Appearance in accordance with the Local Rules of Practice, or file a Notice of Intent to Proceed Pro Se with the Court. IT IS FURTHER ORDERED that the Corporate Defendants/ Counterclaimants (Exchange Points Club, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC, and Owner Extras, LLC) will have until Wednesday, November 20, 2019, to retain new counsel, who must file a Notice of Appearance in accordance with the Local Rules of Practice. Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - cc: Defendants via USPS mail - AC) Modified on 11/6/2019 to correct text. (AC)
October 24, 2019 Filing 83 CERTIFICATE OF SERVICE for #82 Order on Motion to Continue,,, Order on Motion for Leave to Appear,,,,, by Defendants Kyle Brown, Martin Brown, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Wrenn, Dione)
October 24, 2019 Opinion or Order Filing 82 ORDER granting #76 Motion to Continue; ORDER granting #78 Motion for Leave to Appear ; Re: #66 Motion, Motion Hearing reset for 11/6/2019 at 10:00 AM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. Martin Brown and Mr. Kanach must 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 10/24/2019. (Copies have been distributed pursuant to the NEF - JM)
October 24, 2019 Filing 81 RESPONSE to #78 Motion for Leave to Appear Telephonically, by Counter Defendants Diamond Resorts Centralized Services Company, Diamond Resorts International Club, LLC, Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. Replies due by 10/31/2019. (Vigil, Abran)
October 24, 2019 Filing 80 RESPONSE to #76 Motion to Continue Hearing,, by Counter Defendants Diamond Resorts Centralized Services Company, Diamond Resorts International Club, LLC, Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. Replies due by 10/31/2019. (Vigil, Abran)
October 23, 2019 Filing 79 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 10/23/2019. Pending before the Court is a motion for relief from the order setting an in-person hearing. Docket No. 76. To the extent there is opposition to that motion, a response must be filed by noon on October 24, 2019. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - TM)
October 23, 2019 Filing 78 MOTION for Leave to Appear Telephonically, Attorney Dione C. Wrenn, re #76 Motion to Continue Hearing,, by Defendant Martin Brown. (Attachments: #1 Declaration of Kyle Brown, #2 Declaration of Martin Brown, #3 Exhibit Flight Search, #4 Exhibit Email) (Wrenn, Dione)
October 23, 2019 Filing 77 CLERK'S NOTICE of violation of Local Rules. Attorney Action Required to ECF No. #76 . Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed. Attorney Dione C. Wrenn is advised to refile the additional "Motion for Telephonic Appearance of Martin Brown" contained within ECF No. #76 using the correct "Motion for Leave to Appear Telephonically" 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) (MMM)
October 22, 2019 Filing 76 First MOTION to Continue Hearing re #66 Motion, or in the Alternative, to Permit Telephonic Appearance of Out-of-State Parties, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC, Counter Claimants Exchange Points Club, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Attachments: #1 Exhibit A - Declaration of Kyle Brown, #2 Exhibit B - Declaration of Martin Brown, #3 Exhibit C - Flight Search Results, #4 Exhibit D - October 22, 2019 Email) (Wrenn, Dione) Modified text on 10/23/2019 (MMM).
October 18, 2019 Filing 75 CERTIFICATE OF SERVICE for #73 Order, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Larsen, Robert)
October 18, 2019 Opinion or Order Filing 74 ORDER. The #70 motion to file a surreply is DENIED without prejudice to addressing those issues at the hearing. Signed by Magistrate Judge Nancy J. Koppe on 10/18/2019.(Copies have been distributed pursuant to the NEF - JQC)
October 18, 2019 Opinion or Order Filing 73 ORDER. Mr. Brown's current counsel of record must serve him with a copy of this order and must file a proof of service by 10/21/2019. Signed by Magistrate Judge Nancy J. Koppe on 10/18/2019. (Copies have been distributed pursuant to the NEF - MR)
October 18, 2019 Filing 72 CERTIFICATE OF SERVICE for #66 Motion, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Larsen, Robert)
October 17, 2019 Opinion or Order Filing 71 ORDER re #66 Emergency Motion to Withdraw as Counsel of Record. The Court hereby SETS this motion for a hearing at 10:30 a.m. on 10/31/2019. Signed by Magistrate Judge Nancy J. Koppe on 10/17/2019. (Copies have been distributed pursuant to the NEF - MR)
October 17, 2019 Filing 70 MOTION for Leave to File Sur Reply in Further Response to Emergency Motion to Withdraw as Counsel re #66 Motion, by Counter Defendants Diamond Resorts Centralized Services Company, Diamond Resorts International Club, LLC, Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Attachments: #1 Exhibit A) (Vigil, Abran)
October 15, 2019 Filing 69 REPLY to Response to #66 Motion, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Wrenn, Dione) Modified text on 10/15/2019 (EDS).
October 14, 2019 Filing 68 RESPONSE to #66 Motion, by Counter Defendants Diamond Resorts Centralized Services Company, Diamond Resorts International Club, LLC, Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. Replies due by 10/21/2019. (Vigil, Abran)
October 1, 2019 Opinion or Order Filing 67 ORDER Re: #66 Emergency Motion to Withdraw as Counsel of Record for Defendants and Counterclaimants. The motion will be briefed and decided in the ordinary course. Signed by Magistrate Judge Nancy J. Koppe on 10/1/2019. (Copies have been distributed pursuant to the NEF - ADR)
September 30, 2019 Filing 66 Emergency MOTION to Withdraw as Counsel of Record for Defendants and Counterclaimants by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. Responses due by 10/14/2019. (Larsen, Robert)
September 27, 2019 Filing 65 MOTION to Dismiss #60 Answer to Complaint,,, Counterclaim,, #61 Notice of Corrected Image/Document,, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc., Counter Defendant Diamond Resorts International Club, LLC. Responses due by 10/11/2019. (Vigil, Abran)
August 30, 2019 Filing 64 DEMAND for Trial by Jury by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC, Counter Claimants Exchange Points Club, Premier Rewards, LLC, Vacation Management Group, LLC. (Wrenn, Dione)
August 26, 2019 Opinion or Order Filing 63 ORDER granting #62 Stipulation; Diamond Resorts answer due 9/27/2019. Signed by Magistrate Judge Nancy J. Koppe on 8/26/2019. (Copies have been distributed pursuant to the NEF - JM)
August 23, 2019 Filing 62 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Counterclaims re #60 Answer to Complaint,,, Counterclaim,, by Counter Defendants Diamond Resorts Centralized Services Company, Diamond Resorts International Club, LLC, Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Vigil, Abran)
August 19, 2019 Filing 61 NOTICE of Corrected Image/Document re #60 Answer to Complaint,, Counterclaim, by Counter Claimants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC, Defendants Kyle Brown, Martin Brown, Diamond Resorts Centralized Services Company, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Service of corrected image is attached.) (Attachments: #1 Exhibit Club Legal Documents, #2 Exhibit Attorney General - Assurance of Discontinuance, #3 Exhibit Press Release) (Wrenn, Dione)
August 16, 2019 Filing 60 VIEW Corrected Image #61 as to ANSWER to #1 Complaint,,, with Jury Demand , COUNTERCLAIM against Diamond Resorts International Club, LLC, Diamond Resorts Centralized Services Company by VMG Resorts, LLC, Kyle Brown, Exchange Points Club, Vacation Management Group, LLC, Martin Brown, Owner Extras, LLC, Premier Rewards, LLC. filed by VMG Resorts, LLC, Kyle Brown, Exchange Points Club, Vacation Management Group, LLC, Martin Brown, Owner Extras, LLC, Premier Rewards, LLC.(Wrenn, Dione) Modified on 8/19/2019 (RFJ).
August 5, 2019 Opinion or Order Filing 59 ORDER Re: #57 Scheduling Order, Signed by Magistrate Judge Nancy J. Koppe on 8/5/2019. (Copies have been distributed pursuant to the NEF - JM)
August 5, 2019 Filing 58 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)
August 5, 2019 Opinion or Order Filing 57 SCHEDULING ORDER granting #56 Proposed Discovery Plan/Scheduling Order. Discovery due by 8/3/2020. Motions due by 9/2/2020. Proposed Joint Pretrial Order due by 10/2/2020. Signed by Magistrate Judge Nancy J. Koppe on 8/5/2019. (Copies have been distributed pursuant to the NEF - JM)
August 2, 2019 Filing 56 PROPOSED Discovery Plan/Scheduling Order by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc. (Special Scheduling Review Requested) (Vigil, Abran)
July 25, 2019 Filing 55 TRANSCRIPT of Proceedings, 53 Motion Hearing held on 7/18/2019 before Judge Andrew P. Gordon. Court Reporter: Amber McClane, AM@nvd.uscourts.gov. Reporting start and end times: 2:34 p.m. - 3:42 p.m.. Any Redaction Request is due by 8/15/2019. Redacted Transcript Deadline is set for 8/25/2019. Release of the Transcript Restriction is set for 10/23/2019. 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)
July 23, 2019 Opinion or Order Filing 54 ORDER granting in part and denying in part #2 Motion for Preliminary Injunction. This preliminary injunction shall remain in effect until further order from the Court. Signed by Judge Andrew P. Gordon on 7/23/2019. (Copies have been distributed pursuant to the NEF - JM)
July 18, 2019 Filing 53 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/18/2019 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Joseph Sakai; Paul Safier and Corrine Gaxiola; Def Counsel: Robert Larsen; Dione Wrenn and Michael Kanach; Court Reporter: Amber McClane; Time of Hearing: 2:34 p.m. - 3:42 p.m.; Courtroom: 6C; The Court makes preliminary remarks. Plaintiffs' Motion for Leave #28 and #43 are GRANTED. Defendants' Motion for Leave #36 is GRANTED/DENIED in part. Arguments are heard regarding Defendants' Motion to Dismiss #31 and #33 , and Plaintiffs' Motion for Preliminary Injunction #2 . As stated on the record, Defendants' Motion to Dismiss #31 and #33 are DENIED. Plaintiffs' Motion for Preliminary Injunction #2 is GRANTED/DENIED in part. Plaintiffs' counsel is ORDERED to prepare the requested injunction. In addition, the proposed order should be emailed, in Word format, to chambers at APG_Chambers@nvd.uscourts.gov. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
July 15, 2019 Filing 52 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 7/15/2019. The court has scheduled oral argument on the plaintiff's motion for preliminary injunction #2 for Thursday July 18, 2019 at 2:30 p.m. The hearing will also address the pending motions to dismiss #31 , #33 . (no image attached) (Copies have been distributed pursuant to the NEF - CS)
July 15, 2019 Filing 51 NOTICE of Appearance by attorney Joseph Sakai on behalf of Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Sakai, Joseph)
July 9, 2019 Filing 50 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 7/9/2019. The court will hear oral argument on the plaintiff's motion for preliminary injunction #2 on Thursday July 18, 2019 at 2:30 p.m. in Las Vegas Courtroom 6C before Judge Andrew P. Gordon. (no image attached) (Copies have been distributed pursuant to the NEF - CS)
May 21, 2019 Opinion or Order Filing 49 ORDER granting #48 Motion to Stay Discovery until 8/19/2019; Any request to extend that date must be filed by August 5, 2019. Absent an extension granted, a proposed discovery plan must be filed by August 26, 2019. Signed by Magistrate Judge Nancy J. Koppe on 5/21/2019. (Copies have been distributed pursuant to the NEF - JM)
May 20, 2019 Filing 48 Joint MOTION to Stay Discovery re #33 Motion to Dismiss, #31 Motion to Dismiss, #2 Motion for Preliminary Injunction,, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Vigil, Abran)
May 20, 2019 Filing 47 Joint STATUS REPORT by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Vigil, Abran)
May 13, 2019 Opinion or Order Filing 46 ORDER that the parties shall submit a proposed discovery plan/scheduling order pursuant to LR 26-1. Discovery Plan/Scheduling Order or Status Report due by 5/20/2019. Signed by Magistrate Judge Nancy J. Koppe on 5/13/2019. (Copies have been distributed pursuant to the NEF - JM)
May 1, 2019 Filing 45 RESPONSE to #43 Motion for Leave to File Document by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. Replies due by 5/8/2019. (Wrenn, Dione)
April 23, 2019 Filing 44 REPLY to Response to #36 Motion for Leave to File Document, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Wrenn, Dione)
April 18, 2019 Filing 43 MOTION for Leave to File Sur Reply re #31 Motion to Dismiss; filed by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Attachments: #1 Exhibit A) (Vigil, Abran)
April 16, 2019 Filing 42 RESPONSE to #36 Motion for Leave to File Document, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. Replies due by 4/23/2019. (Attachments: #1 Exhibit 1) (Vigil, Abran)
April 11, 2019 Filing 41 REPLY to Response to #31 Motion to Dismiss by Defendants Kyle Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Wrenn, Dione)
April 11, 2019 Filing 40 REPLY to Response to #33 Motion to Dismiss by Defendant Martin Brown. (Wrenn, Dione)
April 4, 2019 Filing 39 REQUEST for Judicial Notice re #33 Motion to Dismiss by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Vigil, Abran)
April 4, 2019 Filing 38 RESPONSE to #33 Motion to Dismiss by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. Replies due by 4/11/2019. (Vigil, Abran)
April 4, 2019 Filing 37 RESPONSE to #31 Motion to Dismiss by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. Replies due by 4/11/2019. (Vigil, Abran)
April 3, 2019 Filing 36 MOTION for Leave to File Supplemental Briefing in Support of Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction re #26 Response,,,,, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Attachments: #1 Declaration A, #2 Exhibit B, #3 Declaration C) (Wrenn, Dione)
March 27, 2019 Opinion or Order Filing 35 ORDER granting #34 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael D. Kanach for Defendants and approving Designation of Local Counsel Dione C. Wrenn. Signed by Judge Andrew P. Gordon on 3/27/2019. 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)
March 26, 2019 Filing 34 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael D. Kanach and DESIGNATION of Local Counsel Dione C. Wrenn (Filing fee $ 250 receipt number 0978-5481183) by Defendants Kyle Brown, Martin Brown. (Wrenn, Dione)
March 21, 2019 Filing 33 MOTION to Dismiss #1 Complaint,,, by Defendant Martin Brown. Responses due by 4/4/2019. (Attachments: #1 Declaration of Martin Brown) (Wrenn, Dione)
March 21, 2019 Filing 32 REQUEST for Judicial Notice re #31 Motion to Dismiss by Defendant Kyle Brown Martin Brown, Exchange Points Club, Premier Rewards, LLC, VMG Resports, LLC, Vacation Management Group, LLC, and Owner Extras, LLC. (Wrenn, Dione) Modified on 3/22/2019 to add additional filing parties (TR).
March 21, 2019 Filing 31 MOTION to Dismiss #1 Complaint,,, by Defendant Kyle Brown, . Responses due by 4/4/2019. (Attachments: #1 Declaration of Michael D. Kanach, Esq., #2 Exhibit A-1 Legal Documents) (Wrenn, Dione)
March 15, 2019 Filing 30 ERRATA to #2 Motion for Preliminary Injunction,, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Vigil, Abran)
March 13, 2019 Filing 29 REPLY to Response to #2 Motion for Preliminary Injunction,, by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Vigil, Abran)
March 7, 2019 Filing 28 MOTION for Leave to File Supplemental Declarations in Support of Opposition to Plaintiffs Motion for Preliminary Injunction and to Excuse Late Filing re #26 Response,,,,, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Attachments: #1 Declaration of Martin Brown, #2 Declaration of Kyle Brown, #3 Declaration of Michael Kanach) (Wrenn, Dione)
March 7, 2019 Filing 27 REQUEST for Judicial Notice re #26 Response,,,,, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Wrenn, Dione)
March 7, 2019 Filing 26 RESPONSE to #2 Motion for Preliminary Injunction,, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. Replies due by 3/14/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit C-4, #8 Exhibit C-5, #9 Exhibit C-6, #10 Exhibit C-7, #11 Exhibit C-8, #12 Exhibit C-9, #13 Exhibit C-10, #14 Exhibit C-11, #15 Exhibit C-12, #16 Exhibit C-13, #17 Exhibit C-14, #18 Exhibit C-15, #19 Exhibit C-16, #20 Exhibit C-17, #21 Exhibit C-18, #22 Exhibit C-19, #23 Exhibit C-20, #24 Exhibit C-21, #25 Exhibit C-22, #26 Exhibit C-23, #27 Exhibit C-24, #28 Exhibit C-25, #29 Exhibit C-26, #30 Exhibit C-27, #31 Exhibit C-28, #32 Exhibit C-29, #33 Exhibit C-30, #34 Exhibit C-31, #35 Exhibit C-32, #36 Exhibit C-33, #37 Exhibit C-34, #38 Exhibit C-35, #39 Exhibit C-36, #40 Exhibit C-37, #41 Exhibit C-38, #42 Exhibit C-39, #43 Exhibit C-40, #44 Exhibit C-41, #45 Exhibit C-42, #46 Exhibit C-43, #47 Exhibit C-44, #48 Exhibit C-45, #49 Exhibit C-46, #50 Exhibit C-47, #51 Exhibit C-48, #52 Exhibit C-49, #53 Exhibit C-50) (Wrenn, Dione)
February 26, 2019 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)
February 25, 2019 Opinion or Order Filing 24 ORDER granting #20 Stipulation; Re: #2 Motion for Preliminary Injunction. Responses due by 3/6/2019. Signed by Judge Andrew P. Gordon on 2/25/2019. (Copies have been distributed pursuant to the NEF - JM)
February 25, 2019 Filing 23 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-00227-APG-NJK. (no image attached) (DKJ)
February 25, 2019 Filing 22 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)
February 25, 2019 Opinion or Order Filing 21 ORDER granting #19 Stipulation; Defendants' Answer due 3/21/2019. Signed by Magistrate Judge Nancy J. Koppe on 2/25/2019. (Copies have been distributed pursuant to the NEF - JM)
February 22, 2019 Opinion or Order Filing 20 STIPULATION and Order to Extend Time to File Response to re #2 Motion for Preliminary Injunction,, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Larsen, Robert)
February 22, 2019 Opinion or Order Filing 19 STIPULATION and Order to Extend Time to File Response re #1 Complaint,,, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Larsen, Robert)
February 22, 2019 Opinion or Order Filing 18 ORDER denying #15 Stipulation; Signed by Magistrate Judge Nancy J. Koppe on 2/22/2019. (Copies have been distributed pursuant to the NEF - JM)
February 20, 2019 Filing 17 SUMMONS Returned Executed by Diamond Resorts Holding, LLC, Diamond Resorts Corporation, Diamond Resorts International, Inc. re #1 Complaint,,,. Martin Brown served on 2/9/2019, answer due 3/2/2019. (Vigil, Abran)
February 20, 2019 Filing 16 SUMMONS Returned Executed by Diamond Resorts Holding, LLC, Diamond Resorts Corporation, Diamond Resorts International, Inc. re #1 Complaint,,,. Kyle Brown served on 2/7/2019, answer due 2/28/2019. (Vigil, Abran)
February 20, 2019 Filing 15 First STIPULATION re: #1 Complaint and #2 Motion for Preliminary Injunction, by Defendants Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. (Larsen, Robert)
February 20, 2019 Filing 14 CERTIFICATE of Interested Parties by Kyle Brown, Martin Brown, Exchange Points Club, Owner Extras, LLC, Premier Rewards, LLC, VMG Resorts, LLC, Vacation Management Group, LLC. There are no known interested parties other than those participating in the case (Larsen, Robert)
February 20, 2019 Opinion or Order Filing 13 ORDER granting #7 Verified Petition for Permission for Paul J. Safier to Practice Pro Hac Vice and approving Designation of Local Counsel Abran Vigil. Signed by Chief Judge Gloria M. Navarro on 2/20/2019. 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)
February 19, 2019 Filing 12 SUMMONS Returned Executed by Diamond Resorts Holding, LLC, Diamond Resorts Corporation, Diamond Resorts International, Inc. re #1 Complaint,,,. Vacation Management Group, LLC served on 2/7/2019, answer due 2/28/2019. (Vigil, Abran)
February 19, 2019 Filing 11 SUMMONS Returned Executed by Diamond Resorts Holding, LLC, Diamond Resorts Corporation, Diamond Resorts International, Inc. re #1 Complaint,,,. VMG Resorts, LLC served on 2/7/2019, answer due 2/28/2019. (Vigil, Abran)
February 19, 2019 Filing 10 SUMMONS Returned Executed by Diamond Resorts Holding, LLC, Diamond Resorts Corporation, Diamond Resorts International, Inc. re #1 Complaint,,,. Exchange Points Club served on 2/7/2019, answer due 2/28/2019. (Vigil, Abran)
February 19, 2019 Filing 9 SUMMONS Returned Executed by Diamond Resorts Holding, LLC, Diamond Resorts Corporation, Diamond Resorts International, Inc. re #1 Complaint,,,. Owner Extras, LLC served on 2/7/2019, answer due 2/28/2019. (Vigil, Abran)
February 19, 2019 Filing 8 SUMMONS Returned Executed by Diamond Resorts Holding, LLC, Diamond Resorts Corporation, Diamond Resorts International, Inc. re #1 Complaint,,,. Premier Rewards, LLC served on 2/7/2019, answer due 2/28/2019. (Vigil, Abran)
February 14, 2019 Filing 7 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Paul J. Safier and DESIGNATION of Local Counsel Abran E. Vigil (Filing fee $ 250 receipt number 0978-5433055) by Plaintiffs Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc.. (Vigil, Abran)
February 7, 2019 Filing 6 CERTIFICATE of Interested Parties by Diamond Resorts Corporation, Diamond Resorts Holding, LLC, Diamond Resorts International, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Dakota Parent, Inc., Other Affiliate Apollo Global Management, LLC, Other Affiliate Dakota Intermediate, Inc., Other Affiliate Dakota Holdings, Inc. for Diamond Resorts International, Inc. added. (Vigil, Abran)
February 7, 2019 Filing 5 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (JM)
February 7, 2019 Filing 4 Summons Issued as to All Defendants. (JM)
February 7, 2019 Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Paul J. Safier 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 3/24/2019. (no image attached) (JM)
February 6, 2019 Case randomly assigned to Chief Judge Gloria M. Navarro and Magistrate Judge Nancy J. Koppe. ***Emergency motion previously filed in case.*** (JM)
February 6, 2019 Filing 2 Emergency MOTION for Preliminary Injunction re #1 Complaint,,, by Plaintiffs Diamond Resorts Corporation, a Maryland corporation, Diamond Resorts Holding, LLC, a Nevada limited liability company, Diamond Resorts International, Inc., a Delaware corporation. Responses due by 2/20/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Vigil, Abran)
February 6, 2019 Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-5421452) by Diamond Resorts Holding, LLC, a Nevada limited liability company, Diamond Resorts Corporation, a Maryland corporation, Diamond Resorts International, Inc., a Delaware corporation. Proof of service due by 5/7/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 10, #21 Civil Cover Sheet, #22 Summons)(Vigil, Abran) 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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Search for this case: Diamond Resorts Corporation, a Maryland corporation et al v. Brown et al
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Plaintiff: Diamond Resorts International, Inc., a Delaware corporation
Represented By: Abran E. Vigil
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Plaintiff: Diamond Resorts Holding, LLC, a Nevada limited liability company
Represented By: Abran E. Vigil
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Plaintiff: Diamond Resorts Corporation, a Maryland corporation
Represented By: Abran E. Vigil
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Plaintiff: Diamond Resorts International, Inc.
Represented By: Abran E. Vigil
Represented By: Paul Safier
Represented By: Joseph Sakai
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Plaintiff: Diamond Resorts Holding, LLC
Represented By: Abran E. Vigil
Represented By: Paul Safier
Represented By: Joseph Sakai
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Plaintiff: Diamond Resorts Corporation
Represented By: Abran E. Vigil
Represented By: Paul Safier
Represented By: Joseph Sakai
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Defendant: Exchange Points Club, a Florida and Missouri limited liability company
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Defendant: Premier Rewards, LLC, a Missouri limited liability company
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Defendant: Owner Extras, LLC, a Missouri limited liability company
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Defendant: Vacation Management Group, LLC, a Missouri limited liability company
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Defendant: Martin Brown
Represented By: Michael D. Kanach
Represented By: Robert S. Larsen
Represented By: Dione C Wrenn
Represented By: Jorge L Alvarez
Represented By: Mark Albright
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Defendant: VMG Resorts, LLC, a Missouri limited liability company
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Defendant: Kyle Brown
Represented By: Michael D. Kanach
Represented By: Robert S. Larsen
Represented By: Dione C Wrenn
Represented By: Jorge L Alvarez
Represented By: Mark Albright
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Defendant: Exchange Points Club
Represented By: Michael D. Kanach
Represented By: Robert S. Larsen
Represented By: Dione C Wrenn
Represented By: Jorge L Alvarez
Represented By: Mark Albright
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Defendant: VMG Resorts, LLC
Represented By: Robert S. Larsen
Represented By: Dione C Wrenn
Represented By: Jorge L Alvarez
Represented By: Mark Albright
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Defendant: Vacation Management Group, LLC
Represented By: Robert S. Larsen
Represented By: Dione C Wrenn
Represented By: Jorge L Alvarez
Represented By: Mark Albright
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Defendant: Premier Rewards, LLC
Represented By: Michael D. Kanach
Represented By: Robert S. Larsen
Represented By: Dione C Wrenn
Represented By: Jorge L Alvarez
Represented By: Mark Albright
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Defendant: Owner Extras, LLC
Represented By: Michael D. Kanach
Represented By: Robert S. Larsen
Represented By: Dione C Wrenn
Represented By: Jorge L Alvarez
Represented By: Mark Albright
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Counter defendant: Diamond Resorts Centralized Services Company
Represented By: Abran E. Vigil
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Counter defendant: Diamond Resorts International Club, LLC
Represented By: Abran E. Vigil
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