Lino v. Diamond Resorts International Marketing Inc. et al
| Clive Lino |
| DIAMOND RESORTS INTERNATIONAL MARKETING, INC., Experian Information Solutions, Inc., Hilton Resorts Corporation, Hilton Grand Vacations Club LLC, Diamond Resorts International Marketing Inc. and Hilton Resorts Corporation doing business as Hilton Grand Vacations |
| 1:2023cv04174 |
| May 19, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
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Filing 47
STIPULATION OF DISMISSAL WITH PREJUDICE BETWEEN PLAINTIFF AND DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC. ONLY Plaintiff Robert Clive Lino ("Plaintiff"), by counsel, and Defendant Experian Information Solutions, Inc. ("Experian"), by counsel, hereby stipulate and agree that all matters herein between them have been compromised and settled, and that Plaintiffs case against Experian only should be dismissed with prejudice, with each party to bear its own costs and attorney's fees. SO ORDERED. Experian Information Solutions, Inc. terminated. (Signed by Judge Analisa Torres on 10/18/2023) (jca)
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #46 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 46 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Experian Information Solutions, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Clive Lino. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Adler, Susan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Susan Adler. RE-FILE Document No. #45 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp) |
| Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Experian Information Solutions, Inc. and without costs. Document filed by Clive Lino. Proposed Order to be reviewed by Clerk's Office staff...(Adler, Susan) Modified on 10/16/2023 (tp). |
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Filing 44
ORDER granting #43 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 10/2/2023) (jca)
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| Set/Reset Deadlines: Experian Information Solutions, Inc. answer due 10/23/2023. (jca) |
| Filing 43 CONSENT LETTER MOTION for Extension of Time to Respond to Plaintiff's Complaint addressed to Judge Analisa Torres from Julius Kairey dated September 29, 2023. Document filed by Experian Information Solutions, Inc...(Kairey, Julius) |
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Filing 42
ORDER granting #41 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 8/30/2023) (jca)
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| Set/Reset Deadlines: Experian Information Solutions, Inc. answer due 10/2/2023. (jca) |
| Filing 41 CONSENT LETTER MOTION for Extension of Time to Respond to Plaintiff's Complaint addressed to Judge Analisa Torres from Julius Kairey dated August 29, 2023. Document filed by Experian Information Solutions, Inc...(Kairey, Julius) |
| Filing 40 NOTICE of Settlement . Document filed by Experian Information Solutions, Inc...(Kairey, Julius) |
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Filing 39
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3), Fed. R. Civ. P. All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Counsel for the parties have conferred and their present best estimate of the length of trial is: 2 days. Deposition due by 12/1/2023. Fact Discovery due by 12/1/2023. Expert Discovery due by 1/15/2024. Case Management Conference set for 12/19/2023 at 11:40 AM before Judge Analisa Torres. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 8/9/2023) (jca)
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| Filing 38 JOINT LETTER addressed to Judge Analisa Torres from Susan Adler Esq dated 08/08/2023 re: Joint letter and Case Management Plan and Scheduling Order. Document filed by Clive Lino. (Attachments: #1 Supplement Civil Case Management Plan and Scheduling Order).(Adler, Susan) |
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Filing 37
ORDER granting #36 Letter Motion to Stay re: #36 JOINT LETTER MOTION to Stay proceedings against the Diamond and Hilton Defendants pending the completion of arbitration and to exempt the Diamond and Hilton Defendants from being required to participate in the joint letter and proposed case management. Accordingly: I. Plaintiff and the Diamond and Hilton Defendants' requests are GRANTED. 2. The matter is partially STAYED as to the Diamond and Hilton Defendants until further order of the Court. 3. The briefing schedule for the Diamond and Hilton Defendants' anticipated motion, ECF No. 33, is VACATED. 4. The Diamond and Hilton Defendants are exempted from filing a joint letter and proposed case management plan at this time. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 8/4/2023) (jca)
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| Filing 36 JOINT LETTER MOTION to Stay proceedings against the Diamond and Hilton Defendants pending the completion of arbitration and to exempt the Diamond and Hilton Defendants from being required to participate in the joint letter and proposed case management plan due by August 8, 2023 addressed to Judge Analisa Torres from Roy Taub, Esq. dated August 4, 2023. Document filed by Diamond Resorts International Marketing Inc., Hilton Grand Vacations Club LLC, Hilton Resorts Corporation. (Attachments: #1 Exhibit A (2020 PSA), #2 Exhibit B (2021 PSA)).(Taub, Roy) |
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Filing 35
ORDER The parties are directed to confer and resubmit a joint letter and a proposed case management plan by August 8, 2023. In addition, the parties' proposed case management plan should not be completed with handwritten responses. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 8/2/2023) (jca)
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| Filing 34 LETTER addressed to Judge Analisa Torres from Susan Adler Esq dated August 1, 2023 re: Joint letter. Document filed by Clive Lino. (Attachments: #1 Proposed Order Civil Case Management Plan and Scheduling Order).(Adler, Susan) |
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Filing 33
Vacated as per Judge's Order dated 8/4/2023, Doc. #37 ORDER: Accordingly: 1. The Diamond and Hilton Defendants' request to file a "motion to compel arbitration and to dismiss the action or, in the alternative, [a motion] to dismiss under Federal Rule(s] of Civil Procedure 12(b)(2) and 12(b)(6)," ECF No. 27 at 1, is GRANTED; 2. By September 5, 2023, the Diamond and Hilton Defendants shall file their motion; 3. By September 26, 2023, Plaintiff shall file his opposition papers; 4. By October 10, 2023, the Diamond and Hilton Defendants shall file their reply, if any. SO ORDERED. Motions due by 9/5/2023. Responses due by 9/26/2023 Replies due by 10/10/2023. (Signed by Judge Analisa Torres on 7/25/2023) (kv) Modified on 8/4/2023 (jca).
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| Filing 32 LETTER addressed to Judge Analisa Torres from Susan Adler Esq dated July 24, 2023 re: Letter from Diamond/Hilton Defendants dated July 17, 2023. Document filed by Clive Lino..(Adler, Susan) |
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to Answer re #30 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Julius I. Kairey dated July 20, 2023., #7 Complaint. GRANTED. SO ORDERED. Experian Information Solutions, Inc. answer due 8/31/2023. (Signed by Judge Analisa Torres on 7/20/2023) (tg)
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| Filing 30 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Julius I. Kairey dated July 20, 2023. Document filed by Experian Information Solutions, Inc...(Kairey, Julius) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Experian plc, Other Affiliate VantageScore Solutions LLC, Other Affiliate Opt-Out Services LLC, Other Affiliate Central Source LLC, Other Affiliate Online Data Exchange LLC, Other Affiliate New Management Services LLC for Experian Information Solutions, Inc.. Document filed by Experian Information Solutions, Inc...(Kairey, Julius) |
| Filing 28 NOTICE OF APPEARANCE by Julius Kairey on behalf of Experian Information Solutions, Inc...(Kairey, Julius) |
| Filing 27 LETTER addressed to Judge Analisa Torres from Roy Taub, Esq. dated July 17, 2023 re: Anticipated Motion to Compel Arbitration and to Dismiss the Action, or, in the Alternative, to Dismiss under Fed. R. Civ. P. 12(b)(2) and 12(b)(6). Document filed by Diamond Resorts International Marketing Inc., Hilton Grand Vacations Club LLC, Hilton Resorts Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Taub, Roy) |
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 6/30/2023) (kv)
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| Set/Reset Deadlines: Diamond Resorts International Marketing Inc. answer due 7/17/2023; Hilton Grand Vacations Club LLC answer due 7/17/2023; Hilton Resorts Corporation answer due 7/17/2023. (kv) |
| Filing 25 LETTER MOTION for Extension of Time to Respond to Plaintiff's Complaint addressed to Judge Analisa Torres from Roy Taub, Esq. dated June 29, 2023. Document filed by Diamond Resorts International Marketing Inc., Hilton Grand Vacations Club LLC, Hilton Resorts Corporation..(Taub, Roy) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hilton Grand Vacations Borrower LLC, Other Affiliate Hilton Grand Vacations Inc. for Hilton Resorts Corporation; Corporate Parent Hilton Resorts Corporation, Other Affiliate Hilton Grand Vacations Inc. for Hilton Grand Vacations Club LLC; Corporate Parent Diamond Resorts Developer and Sales Holding Company, Other Affiliate Hilton Grand Vacations Inc. for Diamond Resorts International Marketing Inc.. Document filed by Diamond Resorts International Marketing Inc., Hilton Grand Vacations Club LLC, Hilton Resorts Corporation..(Taub, Roy) |
| Filing 23 NOTICE OF APPEARANCE by Roy Taub on behalf of Diamond Resorts International Marketing Inc., Hilton Grand Vacations Club LLC, Hilton Resorts Corporation..(Taub, Roy) |
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Filing 22
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 6/8/2023) (jca)
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Filing 21
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by August 1, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 6/8/2023) (jca)
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Filing 20
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by August 1, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. If this case has been settled or otherwise terminated, counsel are required to file a stipulation of discontinuance, voluntary dismissal, or other proof of termination electronically on ECF, with a courtesy copy emailed to chambers in accordance with the Court's Individual Practices. SO ORDERED. (Signed by Judge Analisa Torres on 6/8/2023) (jca)
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| Filing 19 AFFIDAVIT Memorandum in Response to Court's Order to Show Cause., RESPONSE TO ORDER TO SHOW CAUSE re: #15 Order to Show Cause,,. Document filed by Clive Lino..(Adler, Susan) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Hilton Grand Vacations Club LLC..(pc) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Diamond Resorts International Marketing Inc...(pc) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Experian Information Solutions, Inc...(pc) |
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Filing 15
ORDER TO SHOW CAUSE: The Court hereby ORDERS Plaintiff to show cause in writing, by June 7, 2023, why this action should not be dismissed without prejudice to refiling or transferred to another district. If Plaintiff fails to respond within the time allowed, or fails to show that venue is proper in the Southern District of New York and that the action should not be dismissed or transferred in the interest of justice, the Court shall dismiss this case without prejudice to refiling in a district in which venue may properly be laid or transfer it to a district where Defendants are incorporated or headquartered. SO ORDERED. (Signed by Judge Analisa Torres on 5/24/2023) (kv)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Robert Michael Fox to RE-FILE Document No. #14 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption title does not exactly match complaint caption title. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Hilton Resorts Corporation d/b/a Hilton Grand Vacations, re: #7 Complaint. Document filed by Clive Lino..(Fox, Robert) Modified on 5/24/2023 (pc). |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Hilton Grand Vacations Club LLC, re: #7 Complaint. Document filed by Clive Lino..(Fox, Robert) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Diamond Resorts International Marketing Inc, re: #7 Complaint. Document filed by Clive Lino..(Fox, Robert) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Experian Information Solutions Inc, re: #7 Complaint. Document filed by Clive Lino..(Fox, Robert) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Susan Lori Adler to RE-FILE Document No. #8 Request for Issuance of Summons, #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Remove the Wondershare link. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 10 NOTICE OF APPEARANCE by Robert Michael Fox on behalf of Clive Lino..(Fox, Robert) |
| Filing 9 FILING ERROR - DEFICIENT - SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Diamond Resorts International Marketing Inc, re: #7 Complaint. Document filed by Clive Lino..(Adler, Susan) Modified on 5/23/2023 (vf). |
| Filing 8 FILING ERROR - DEFICIENT - SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Experian Information Solutions Inc, re: #7 Complaint. Document filed by Clive Lino..(Adler, Susan) Modified on 5/23/2023 (vf). |
| Filing 7 COMPLAINT against Diamond Resorts International Marketing Inc., Experian Information Solutions, Inc., Hilton Grand Vacations Club LLC, Hilton Resorts Corporation. Document filed by Clive Lino..(Adler, Susan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Susan Lori Adler to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Susan Lori Adler. The party information for the following party/parties has been modified: DIAMOND RESORTS INTERNATIONAL MARKETING, INC., Hilton Resorts Corporation. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted. (vf) |
| Magistrate Judge Jennifer Willis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Susan Lori Adler to RE-FILE Document No. #5 Request for Issuance of Summons, #4 Request for Issuance of Summons, #6 Request for Issuance of Summons, #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Defendant Party Name Error, Defendant party name listed on Summons PDF and Summons Caption does not correspond exactly to pleading caption; Filing Court title not viewable. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Case Designated ECF. (vf) |
| Filing 6 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Hilton Resorts Corporation d/b/a Hilton Grand Vacations, re: #1 Complaint. Document filed by Clive Lino..(Adler, Susan) Modified on 5/22/2023 (vf). |
| Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Hilton Grand Vacations Club LLC, re: #1 Complaint. Document filed by Clive Lino..(Adler, Susan) Modified on 5/22/2023 (vf). |
| Filing 4 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Diamond Resorts International Marketing Inc, re: #1 Complaint. Document filed by Clive Lino..(Adler, Susan) Modified on 5/22/2023 (vf). |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Experian Information Solutions Inc, re: #1 Complaint. Document filed by Clive Lino..(Adler, Susan) Modified on 5/22/2023 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Adler, Susan) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-27764286)Document filed by Clive Lino..(Adler, Susan) Modified on 5/22/2023 (vf). |
| ADD PARTY FOR PLEADING. Defendants/Respondents Hilton Grand Vacations Club LLC added. Party added pursuant to #1 Complaint.Document filed by Clive Lino. Related document: #1 Complaint..(Adler, Susan) |
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