Diamond Resorts International, Inc. et al v. Austin
| Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts Corporation and Diamond Resorts U.S. Collection Development, LLC |
| Sean Kingslow Austin |
| Matt Loughney, Teresa Azan and Lauren Langston |
| 3:2018cv00795 |
| August 24, 2018 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Aleta A Trauger |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 0157 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 17, 2018. A more recent docket listing may be available from PACER.
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| ***Civil Case Terminated, per Order #12 . (dt) |
Filing 12
ORDER: The Motion to Withdraw the Reference #1 is hereby GRANTED. The dischargeability of any debt determined to be owed by Mr. Austin in the related district court action, Case No. 3:17-cv-1124, will perforce be determined in that complex case that was filed in August 2017 against numerous defendants, only one of which is the debtor, Mr. Austin. The role and potential liability of Mr. Austin simply cannot be determined in an isolated action in the Bankruptcy Court. Therefore, despite the fact that this adversary action is a core proceeding, it is in the interest of judicial economy, costs to the parties, and avoidance of the risks of conflicting dispositions that the matters at issue in the adversary proceeding be determined in tandem with the pending district court action. Signed by District Judge Aleta A. Trauger on 10/17/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 11 CERTIFICATE Certificate of Service filed by Sean Kingslow Austin. (Dunham, Griffin) |
| Notice to Filer re DE #3 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (dt) |
| Filing 10 CERTIFICATE of Service (Amended) filed by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC re #5 MOTION for attorney(s) Glennys Ortega Rubin to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2751044) filed by Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts Corporation, Diamond Resorts U.S. Collection Development, LLC, #6 MOTION for attorney(s) Alfred J. Bennington, Jr. to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2751070) filed by Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts Corporation, Diamond Resorts U.S. Collection Development, LLC. (Rubin, Glennys) |
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Filing 9
ORDER granting #6 Motion for Alfred J. Bennington, Jr to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 9/13/18. (dt) Modified on 9/13/2018 (dt).
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Filing 8
ORDER granting #5 Motion for Glennys Ortega Rubin to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 9/13/18. (dt) Modified on 9/13/2018 (dt).
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| Filing 7 REPLY to Response to Motion re #1 MOTION to Withdraw Reference filed by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit A)(McMullen, Austin) |
| TN State Bar status verified as active for Griffin S. Dunham. (dt) |
| Notice to Filer re DE #5 - #6 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (dt) |
| Filing 6 MOTION for attorney(s) Alfred J. Bennington, Jr. to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2751070) by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit Ex. A - Certificate of Good Standing)(Bennington, Alfred) |
| Filing 5 MOTION for attorney(s) Glennys Ortega Rubin to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2751044) by Diamond Resorts Corporation, Diamond Resorts International, Inc., Diamond Resorts Management, Inc., Diamond Resorts U.S. Collection Development, LLC. (Attachments: #1 Exhibit Ex. A - Certificate of Good Standing)(Rubin, Glennys) |
| Filing 4 NOTICE of Appearance by Griffin S. Dunham on behalf of Sean Kingslow Austin (Dunham, Griffin) |
| Filing 3 RESPONSE in Opposition re #1 MOTION to Withdraw Reference filed by Sean Kingslow Austin. (Dunham, Griffin) |
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Filing 2
ORDER: Pursuant to Administrative Order No. 176, this action is transferred to U.S. District Judge Aleta A. Trauger as a "Related Case" to Civil Action No. 3:17-cv-01124. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/29/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 1 MOTION to Withdraw the Reference filed by Diamond Resorts et al. (Attachments: #1 Attachment USBC Docket Sheet)(af) |
| TN State Bar status verified as active for William L. Norton, III, Austin L. McMullen, & R. Eddie Wayland. (af) |
| FL State Bar status verified as active for Alfred J. Bennington, Jr, & Glennys Ortega Rubin. (af) |
| NOTICE TO COUNSEL Alfred J. Bennington, Jr & Glennys Ortega Rubin: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 9/14/2018. (af) |
| Copy of docket sheet mailed to pro se defendant Sean Kingslow Austin. (af) |
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