Cooksey v. Diamond Resorts International Club, Inc.
| Sandra J. Cooksey |
| Diamond Resorts International Club, Inc. |
| 6:2019cv01760 |
| November 1, 2019 |
| US District Court for the District of Oregon |
| Mustafa T Kasubhai |
| Contract: Other Contract Actions |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 57 JUDGMENT: Based on the Stipulated Notice of Voluntary Dismissal (ECF No. #56 ), this is action is dismissed with prejudice and with each party to bear their own costs, expenses, and attorneys' fees, pursuant to Fed. R. Civ. P. 41(a)(1). Pending motions, if any, are denied as moot. All pretrial deadlines, hearings, and any trial date are stricken. (jk) |
| Filing 56 Stipulated Notice of Voluntary Dismissal . Filed by Sandra J. Cooksey. (DuBoff, Leonard) |
| Filing 55 Notice of Change of Address. Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
Filing 54
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the parties' Joint Motion for Extension of Discovery & PTO Deadlines #47 . Discovery is to be completed by 1/13/2022. Initial Expert Witness Reports must be completed by 2/14/2022. Rebuttal Expert Witness Reports must be completed by 3/10/2022. Dispositive Motions are due by 4/14/2022. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 4/14/2022. (jk)
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| Filing 53 Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: AORDC-8233742. The request has been granted and the amount of $300.00 will be refunded to Ballard Spahr LLP Related Doc #51 Request for Refund of Fees Paid Electronically,. (nd) |
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Filing 52
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice #49 requested by attorney Matthew A. Morr. (jk)
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| Filing 51 Request for Refund of Fees Paid Electronically regarding Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Matthew A. Morr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8233867 #49 . Filed by Diamond Resorts International Club, Inc.. (Attachments: #1 Exhibit 1) (Rossmiller, David) |
| Filing 50 A duplicate payment in the amount of $300.00 was submitted by Diamond Resorts International Club, Inc. in the above-referenced case. For information on refund procedures, visit #Requesting a Refund of Electronically Paid Fees on the Court website.. Refund Request is Due 9/27/2021. (nd) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Matthew A. Morr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8233867 #49 : Reviewed and Ready for Ruling. (ck) |
| Filing 49 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Matthew A. Morr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8233867. Filed by Diamond Resorts International Club, Inc.. (Morr, Matthew) |
| Filing 48 Notice of Correction by Clerk regarding #47 Motion for Extension of Time. A Clerical error has been discovered in the case record: The incorrect event was used. The following corrections were made to the record: The incorrect event (Motion for Extension of Time) was selected at filing, the event has been changed (Motion for Extension of Discovery & PTO Deadlines). (jk) |
| Filing 47 Joint Motion for Extension of Time to Extend Deadlines in Rule 16 Conference. Filed by Diamond Resorts International Club, Inc. (Ihler, Joshua) Modified to correct event type on 9/14/2021 (NEF not regenerated) (jk). |
| Filing 46 Notice of Appearance of Edward T. Fu appearing on behalf of Sandra J. Cooksey. Filed by Sandra J. Cooksey. (Fu, Edward) |
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Filing 45
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice #44 requested by attorney Joshua D. Ihler. (jk)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua D. Ihler. Filing fee in the amount of $300 collected; Receipt No. 8210063 #44 : Reviewed and Ready for Ruling. (ck) |
| Filing 44 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joshua D. Ihler. Filing fee in the amount of $300 collected; Receipt No.: 8210063. Filed by on behalf of Diamond Resorts International Club, Inc.. (ecp) |
| Filing 43 Notice of Attorney Withdrawal: Notice of Withdrawal of Attorney Abran E. Vigil of Counsel for Defendants Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
| Filing 42 Joint ADR Report . Filed by All Plaintiffs.(DuBoff, Leonard) |
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Filing 41
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice #40 requested by attorney Abran E. Vigil. (jk)
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| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Abran E. Vigil. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8067168 #40 : Reviewed and Ready for Ruling. (ck) |
| Filing 40 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Abran E. Vigil. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8067168. Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
| Filing 39 Notice of Attorney Withdrawal: Holly A. Priest of Counsel for Defendant Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
| NOTICE OF REGISTRATION REQUIREMENT. Abran E. Vigil is required to submit a request to e-file in the District of Oregon via PACER before this motion may be ruled upon or filing privileges granted. For instructions visit #ord.uscourts.gov/prohac. (Related document(s): Motion for Leave to Appear Pro Hac Vice #40 .) (ck) |
| Filing 38 MINUTES of Proceedings: Rule 16 Conference. Joint Alternate Dispute Resolution Report is due by 8/20/2021. Discovery is to be completed by 10/15/2021. Initial Expert Witness Reports must be exchanged by 11/15/2021. Rebuttal Expert Witness Reports must be exchanged by 12/10/2021. Dispositive Motions are due by 1/14/2022. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 1/14/2022. Edward Fu (by telephone for Leonard DuBoff) present as counsel for plaintiff. David Rossmiller (by telephone) present as counsel for defendant. Magistrate Judge Mustafa T. Kasubhai presiding. (FTR - Eugene Courtroom 3) (jk) |
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Filing 37
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Rule 16 Conference is set for 4/13/2021 at 11:15AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by e-mail the day before the hearing. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, consent to a magistrate judge, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Order issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. All deadlines are VACATED and will be reset at the Rule 16 Conference. The parties and counsel are encouraged to advise the Court of their pronouns. People appearing before this Court may do so in writing and when appearing for conferences, hearings or trials. Attorneys are encouraged to identify their pronouns in their signature lines when submitting documents for filing. All parties and counsel are instructed to address each other in all written documents and court proceedings by those pronouns previously identified. (jk)
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Filing 36
ORDER: Adopting Findings and Recommendation #31 . Defendant's motion for interlocutory appeal #25 is DENIED. Signed on 3/24/2021 by Judge Ann L. Aiken. (ck)
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| Filing 35 Declaration of Sandra Cooksey . Filed by Sandra J. Cooksey. (Related document(s): Response to Objections to Findings & Recommendation #34 .) (DuBoff, Leonard) |
| Filing 34 Response to Objections to Findings & Recommendation. Related document(s): #33 Objections to Findings & Recommendation,. Filed by Sandra J. Cooksey. (DuBoff, Leonard) |
| Filing 33 Objections to Findings & Recommendation: Motion Defendant's Motion to Certify Order for Interlocutory Appeal and Order for a Stay (Expedited Review Requested) #25 should be DENIED #31 . Filed by Diamond Resorts International Club, Inc.. (Priest, Holly) |
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Filing 32
ORDER by Magistrate Judge Mustafa T. Kasubhai: Findings & Recommendation #31 is referred to Judge Ann L. Aiken. (jk)
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| Filing 31 Findings & Recommendation signed on 9/4/2020 by Magistrate Judge Mustafa T. Kasubhai: Defendant's motion for an interlocutory appeal (ECF No. #25 ) should be DENIED and its request for a stay should be DENIED as moot. Objections to the Findings and Recommendation are due by 9/18/2020. (jk) |
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Filing 30
ORDER by Magistrate Judge Mustafa T. Kasubhai: The Rule 16 Conference set for 7/15/2020 at 09:30AM is VACATED and will be reset pending the outcome of Defendant's Motion to Certify Order for Interlocutory Appeal and Order for a Stay #25 . (jk)
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| Filing 29 Stipulated Proposed Joint Case Management Schedule . Filed by Sandra J. Cooksey. (DuBoff, Leonard) |
| Filing 28 Reply DEFENDANT DIAMOND RESORTS INTERNATIONAL CLUB, INC.S REPLY IN SUPPORT OF MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL AND ORDER FOR A STAY to Motion Defendant's Motion to Certify Order for Interlocutory Appeal and Order for a Stay (Expedited Review Requested) #25 . Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
| Filing 27 Answer DEFENDANT DIAMOND RESORTS INTERNATIONAL CLUB, INC.S GENERAL DENIAL AND AFFIRMATIVE DEFENSES TO COMPLAINT. Filed by Diamond Resorts International Club, Inc.. (Attachments: #1 Exhibit 1 - Contract) (Rossmiller, David) |
| Filing 26 Response in Opposition to Motion Defendant's Motion to Certify Order for Interlocutory Appeal and Order for a Stay (Expedited Review Requested) #25 . Filed by Sandra J. Cooksey. (DuBoff, Leonard) |
| Filing 25 Motion Defendant's Motion to Certify Order for Interlocutory Appeal and Order for a Stay (Expedited Review Requested). Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
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Filing 24
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: At the request of counsel, Rule 16 Conference set for 7/21/2020 at 9:30AM is RESET for 7/15/2020 at 09:30AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by separate order. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. (jk)
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Filing 23
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice #22 requested by attorney Holly Ann Priest. (jk)
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| Filing 22 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Holly Ann Priest. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6784100. Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Holly Ann Priest. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6784100 #22 : Reviewed and Ready for Ruling. (ck) |
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Filing 21
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Defendant's Answer is due by 7/1/2020. Rule 16 Conference is set for 7/21/2020 at 09:30AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by separate order. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, consent to a magistrate judge, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Order issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. (jk)
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Filing 20
ORDER: Having considered the record and the arguments offered by plaintiff, the Court finds no error in Magistrate Judge Kasubhai's analysis. Therefore, the Court adopts the F&R #13 . Thus, defendant's motion to dismiss #4 is DENIED. Signed on 5/27/2020 by Judge Ann L. Aiken. (ck)
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| Filing 19 Objections DEFENDANT DIAMOND RESORTS INTERNATIONAL CLUB, INC.S REPLY IN SUPPORT OF ITS OBJECTIONS TO MAGISTRATE JUDGES FINDINGS AND RECOMMENDATION to Findings & Recommendation: Motion to Dismiss : Defendant Diamond Resorts International Club, Inc.'s Motion to Dismiss #4 should be DENIED #13 . Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
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Filing 18
ORDER: Granting #17 Unopposed Motion for Leave to File a Reply In Support of Its Objections to Magistrate Judge's Findings and Recommendation #13 . Reply Brief is due by 4/1/2020. Motion is taken under advisement as of 4/6/2020. Ordered by Judge Ann L. Aiken. (ck)
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| Filing 17 Unopposed Motion for Leave to File a Reply In Support of Its Objections to Magistrate Judge's Findings and Recommendation. Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
| Filing 16 Response to Objections to Findings & Recommendation. Related document(s): #13 Findings & Recommendation, #15 Objections to Findings & Recommendation,. Filed by Sandra J. Cooksey. (DuBoff, Leonard) |
| Filing 15 Objections to Findings & Recommendation: Motion to Dismiss : Defendant Diamond Resorts International Club, Inc.'s Motion to Dismiss #4 should be DENIED #13 . Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
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Filing 14
ORDER by Magistrate Judge Mustafa T. Kasubhai: Findings & Recommendation #13 is referred to Judge Ann L. Aiken. (jk)
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| Filing 13 Findings & Recommendation signed on 2/20/2020 by Magistrate Judge Mustafa T. Kasubhai: Motion to Dismiss #4 should be DENIED. Objections to the Findings and Recommendation are due by 3/5/2020. (jk) |
| Filing 12 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. |
| Filing 11 NOTICE BY THE CLERK: Currently there is no consent to proceed before a U.S. Magistrate Judge in this case. If the parties would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found on the court's website at #ord.uscourts.gov/civil-forms and may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see #ord.uscourts.gov/consent. The parties are free to withhold consent without adverse substantive consequences. (jk) |
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Filing 10
ORDER: Granting Unopposed Motion for Stay of Discovery #8 . Ordered by Magistrate Judge Mustafa T. Kasubhai. (jk)
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| Filing 9 Reply in Support to Motion to Dismiss : Defendant Diamond Resorts International Club, Inc.'s Motion to Dismiss #4 . Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
| Filing 8 Unopposed Motion for Stay of Discovery. Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
| Filing 7 Declaration of Sandra J. Cooksey in Support of Opposition to Motion to Dismiss #6 . Filed by Sandra J. Cooksey. (Attachments: #1 Exhibit) (DuBoff, Leonard) Modified on 12/2/2019 to add document link. Notice of Electronic Filing regenerated to the parties. (bd) |
| Filing 6 Response in Opposition to Motion to Dismiss : Defendant Diamond Resorts International Club, Inc.'s Motion to Dismiss #4 . Filed by Sandra J. Cooksey. (DuBoff, Leonard) |
| Filing 5 Declaration of Justine San Luis in Support of Diamond Resorts International Club, Inc.'s Motion to Dismiss. Filed by Diamond Resorts International Club, Inc.. (Related document(s): Motion to Dismiss #4 .) (Attachments: #1 Exhibit 1) (Rossmiller, David) |
| Filing 4 Motion to Dismiss : Defendant Diamond Resorts International Club, Inc.'s Motion to Dismiss. Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
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Filing 3
Notice of Case Assignment to Magistrate Judge Mustafa T. Kasubhai and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 3/3/2020. Joint Alternate Dispute Resolution Report is due by 4/2/2020. Pretrial Order is due by 4/2/2020. Ordered by Magistrate Judge Mustafa T. Kasubhai. (bd)
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| Filing 2 Corporate Disclosure Statement . Filed by Diamond Resorts International Club, Inc.. (Rossmiller, David) |
| Filing 1 Notice of Removal of Case Number 19CV43052 from Marion County Circuit Court. Filing Fee in amount of $400 collected. Agency Tracking ID: 0979-6066547 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Diamond Resorts International Club, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2). (Rossmiller, David) |
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