Torres Mazatlan Remainder LLC et al v. Diamond Resorts Corporation et al
| Torres Mazatlan Remainder LLC, Vallarta Torre Remainder LLC and VTS Program Remainder LLC |
| Diamond Resorts Parent, LLC and Diamond Resorts Corporation |
| 2:2012cv00870 |
| May 18, 2012 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| John C Coughenour |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 70
ORDER DISMISSING CASE without prejudice. Each party is to bear its own costs and attorneys' fees. RE- #69 Stipulation filed by Torres Mazatlan Remainder LLC, by Judge John C Coughenour. (MD)
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| Filing 69 STIPULATION AND PROPOSED ORDER of Dismissal by parties. (Rosenberger, Michael) |
| Filing 68 MINUTE ORDER by John C. Coughenour, United States District Judge. This matter comes before the Court on the parties' status reports. (Dkt. Nos. #66 , #67 .) Pursuant to the parties' representations, the Court DIRECTS Plaintiff to file either a stipulation of dismissal or a further status report by July 18, 2014. (CL) |
| Filing 67 STATUS REPORT by Plaintiffs Torres Mazatlan Remainder LLC, VTS Program Remainder LLC, Vallarta Torre Remainder LLC. (Rosenberger, Michael) |
| Filing 66 STATUS REPORT Regarding Settlement by Defendant Diamond Resorts Corporation. (Cohen, Donald) |
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Filing 65
MINUTE ORDER by Judge John C Coughenour, United States District Court; The Clerk is directed to remove the case from the Court's active caseload until further application by the parties or by order of this Court. (TF)
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Filing 64
MINUTE ORDER by Judge John C Coughenour, United States District Judge; The parties are directed to file either a stipulation of dismissal or another status report by 5/9/2014. (TF)
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| Filing 63 JOINT STATUS REPORT signed by all parties. (Rosenberger, Michael) |
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Filing 62
MINUTE ORDER - The request is granted and the parties are directed to file a stipulation of dismissal by February 7, 2014 and the Court terminates #44 MOTION for Summary Judgment or Partial Summary Judgment filed by Diamond Resorts Parent, LLC, Diamond Resorts Corporation, by Judge John C Coughenour. (MD)
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| Filing 61 JOINT STATUS REPORT signed by all parties. (Rosenberger, Michael) |
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Filing 60
MINUTE ORDER by Judge John C Coughenour, United States District Judge; The parties are directed either to file the stipulation of dismissal or a joint status report about the status of the settlement by 12/20/2013. (TF)
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Filing 59
MINUTE ORDER by Judge John C Coughenour, United States District Judge; Pursuant to the parties' #58 Notice of Settlement, the trial in this matter scheduled for 12/2/2013 is vacated. (TF)
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| Filing 58 NOTICE of Settlement (Stipulated) by Plaintiffs Torres Mazatlan Remainder LLC, VTS Program Remainder LLC, Vallarta Torre Remainder LLC (Rosenberger, Michael) |
| Filing 57 NOTICE Supplemental Request for Judicial Notice in Support of Defendant Diamond Resorts Corporation's Motion for Summary Judgment or Partial Summary Judgment ; filed by Defendant Diamond Resorts Corporation. (Cohen, Donald) |
| Filing 56 Supplemental DECLARATION of Ryan J. Larsen filed by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC re #44 MOTION for Summary Judgment or Partial Summary Judgment (Cohen, Donald) |
| Filing 55 Supplemental DECLARATION of C. Alan Bentley filed by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC re #44 MOTION for Summary Judgment or Partial Summary Judgment (Cohen, Donald) |
| Filing 54 REPLY, filed by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC, TO RESPONSE to #44 MOTION for Summary Judgment or Partial Summary Judgment (Cohen, Donald) |
| Filing 53 DECLARATION of Michael Rosenberger filed by Plaintiffs Torres Mazatlan Remainder LLC, VTS Program Remainder LLC, Vallarta Torre Remainder LLC re #44 MOTION for Summary Judgment or Partial Summary Judgment (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-8, #3 Exhibit 9-18)(Rosenberger, Michael) |
| Filing 52 DECLARATION of Lorraine Barrick filed by Plaintiffs Torres Mazatlan Remainder LLC, VTS Program Remainder LLC, Vallarta Torre Remainder LLC re #44 MOTION for Summary Judgment or Partial Summary Judgment (Attachments: #1 Exhibit A)(Rosenberger, Michael) |
| Filing 51 RESPONSE, by Plaintiffs Torres Mazatlan Remainder LLC, VTS Program Remainder LLC, Vallarta Torre Remainder LLC, to #44 MOTION for Summary Judgment or Partial Summary Judgment. (Rosenberger, Michael) |
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Filing 50
MINUTE ORDER by Judge John C Coughenour, United States District Judge; Pursuant to the parties' #49 Stipulated Motion, deft's #44 MOTION for Summary Judgment or Partial Summary Judgment is RENOTED: Noting Date 10/18/2013. Responsive Brief is due by 10/14/2013, Reply Brief is due by 10/18/2013. (TF)
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| Filing 49 Stipulated MOTION and Proposed Order Modifying Briefing Schedule for Defendant Diamond Resorts Corporation's Motion for Summary Judgment by Defendant Diamond Resorts Corporation, Plaintiffs Torres Mazatlan Remainder LLC, VTS Program Remainder LLC, Vallarta Torre Remainder LLC. Noting Date 10/2/2013, (Rosenberger, Michael) |
| Filing 48 NOTICE Request for Judicial Notice in Support of Defendant Diamond Resorts Corporation's Motion for Summary Judgment or Partial Summary Judgment re #44 MOTION for Summary Judgment or Partial Summary Judgment ; filed by Defendant Diamond Resorts Corporation. (Cohen, Donald) |
| Filing 47 DECLARATION of Ryan J. Larsen filed by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC re #44 MOTION for Summary Judgment or Partial Summary Judgment (Cohen, Donald) |
| Filing 46 DECLARATION of C. Alan Bentley filed by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC re #44 MOTION for Summary Judgment or Partial Summary Judgment (Cohen, Donald) |
| Filing 45 DECLARATION of James F. Anderson filed by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC re #44 MOTION for Summary Judgment or Partial Summary Judgment (Cohen, Donald) |
| Filing 44 MOTION for Summary Judgment or Partial Summary Judgment by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 10/11/2013, (Cohen, Donald) |
| Filing 43 MINUTE ORDER by John C. Coughenour, United States District Judge. The court GRANTS the parties' stipulated motion to extend the deadline for mediation, docket no. #42 . 39.1 mediation to be completed by 10/8/2013. The remaining pretrial deadlines, including the September 19, 2013 deadline for discovery cutoff and dispositive motions, remain unchanged. (CL) |
| Filing 42 Stipulated MOTION and Proposed Order to Move Deadline for Mediation by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC. Noting Date 8/14/2013, (Cohen, Donald) |
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Filing 41
MINUTE ORDER by Judge John C Coughenour, United States District Judge; 39.1 mediation to be completed by 9/27/2013, Discovery cutoff and Dispositive motions deadline is 9/19/2013, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/10/2013, Rebuttal Expert Disclosure/Reports due by 9/24/2013. (TF)
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| Filing 40 STIPULATION and Proposed Order to Move Deadlines for 1) Mediation Cut-Off, 2) Disclosure of Expert Testimony, 3) Discovery Cut-Off, and 4) Dispositive Motion Cut-Off by parties. (Cohen, Donald) |
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Filing 39
STIPULATED PROTECTIVE ORDER by Judge John C Coughenour. (TF)
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| Filing 38 STIPULATION AND PROPOSED ORDER RE Protective Order by parties re #37 Minute Order, Set Deadlines. (Cohen, Donald) |
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Filing 37
MINUTE ORDER by Judge John C Coughenour, United States District Judge; Discovery is to be completed by 8/31/2013, Dispositive motions are due by 8/30/2013. (TF)
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| Filing 36 STIPULATION AND PROPOSED ORDER Regarding Discovery Plan by parties. (Attachments: #1 Exhibit A)(Rosenberger, Michael) |
| Filing 35 STIPULATION AND PROPOSED ORDER RE Protective Order by parties. (Cohen, Donald) |
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Filing 34
ORDER granting dft's #31 Motion for jury demand ; clerk directed to remove jury demand designation on docket by Judge John C Coughenour.(RS)
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| Filing 33 REPLY, filed by Defendant Diamond Resorts Corporation, TO RESPONSE to #31 MOTION to Strike Untimely Jury Demand re #27 Jury Demand (Cohen, Donald) |
| Filing 32 RESPONSE, by Plaintiffs Torres Mazatlan Remainder LLC, VTS Program Remainder LLC, Vallarta Torre Remainder LLC, to #31 MOTION to Strike Untimely Jury Demand re #27 Jury Demand . (Rosenberger, Michael) |
| Filing 31 MOTION to Strike Untimely Jury Demand re #27 Jury Demand by Defendant Diamond Resorts Corporation. (Attachments: #1 Proposed Order) Noting Date 11/30/2012, (Cohen, Donald) |
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Filing 30
STIPULATION AND ORDER DISMISSING DEFT DIAMOND RESORTS PARENT, LLC by Judge John C Coughenour; The claims against Diamond Resorts Parent shall be DISMISSED. Diamond Resorts Parent's pending #25 MOTION to Dismiss is withdrawn as moot. (TF)
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| Filing 29 STIPULATION AND PROPOSED ORDER Dismissing Defendant Diamond Resorts Parent, LLC by parties re #26 Declaration, #25 MOTION to Dismiss Defendant Diamond Resorts Parent, LLC for Lack of Personal Jurisdiction. (Cohen, Donald) |
| Filing 28 MINUTE ENTRY re: STATUS CONFERENCE held before United States District Judge John C. Coughenour; Courtroom Deputy Clerk Paul Pierson; Court Reporter Nancy Bauer; Plaintiffs' Counsel; Jeffrey Tilden and Michael Rosenberger; Defendants' Counsel: Donald Cohen and Stuart Richter. The case was called and counsel made their appearance. The Court inquires of counsel concerning their desired trial date and time estimate for trial. The Court directs counsel to be guided by Local Civil Rule 16 in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date. Jury instructions, if any, are to be electronically filed with the Clerk of Court and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury. Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. Counsel should contact the Courtroom Deputy Clerk at paul_pierson@wawd.uscourts.gov in advance of the trial date regarding the Court's trial calendar. Case management dates are established as follows: JURY TRIAL set on 12/2/2013 at 9:30 a.m. in Courtroom 16206 before United States District Judge John C. Coughenour. Proposed Pretrial Order due by 11/22/2013. Pleading amendment/3rd pty action due by 1/4/2013. 39.1 mediation to be completed by 7/19/2013. Trial briefs and proposed voir dire/jury instructions are due by 11/29/2013. Counsel are directed to attend Courtroom Technology Training at least one month in advance of the scheduled trial date in order to become familiar with the presentation of electronic evidence. Training is held on the first and third Wednesday of each month in Courtroom 18B on the 18th Floor of the Seattle federal courthouse. Please check with the website for the Western District of Washington for any additional information. (PP) |
| Filing 27 DEMAND for JURY TRIAL by Plaintiffs Torres Mazatlan Remainder LLC, VTS Program Remainder LLC, Vallarta Torre Remainder LLC. (Rosenberger, Michael) |
| Filing 26 DECLARATION of C. Alan Bentley filed by Defendant Diamond Resorts Parent, LLC re #25 MOTION to Dismiss Defendant Diamond Resorts Parent, LLC for Lack of Personal Jurisdiction (Cohen, Donald) |
| Filing 25 MOTION to Dismiss Defendant Diamond Resorts Parent, LLC for Lack of Personal Jurisdiction by Defendant Diamond Resorts Parent, LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/21/2012, (Cohen, Donald) |
| Filing 24 ANSWER to Complaint of Plaintiffs by Diamond Resorts Corporation.(Cohen, Donald) |
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Filing 23
MINUTE ORDER by Judge John C Coughenour, United States District Judge; Pursuant to the parties' #22 Stipulation, the Court ORDERS that Plaintiffs are GRANTED an extension until 8/29/2012 to file a potential motion to remand, and Defendants are GRANTED an extension until 8/29/2012 to answer or otherwise respond to Plaintiffs' Complaint.(TF)
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| Filing 22 STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME FOR 1) PLAINTIFFS TO MOVE TO REMAND, AND 2) DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by parties. (Cohen, Donald) |
| Filing 21 NOTICE OF RESCHEDULED STATUS CONFERENCE. The Court, on its own motion, hereby orders the Status Conference is reset to TUESDAY, SEPTEMBER 18, 2012 @ 9:00 AM in Courtroom 16206 before United States District Judge John C. Coughenour.(PP) |
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Filing 20
MINUTE ORDER by Judge John C Coughenour, United States District Judge; Plaintiffs are hereby granted an extension until August 1, 2012 to file a potential motion to remand, and Defendants are hereby granted an extension until August 1, 2012 to answer or otherwise respond to Plaintiffs' Complaint. (TF)
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| Filing 19 STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME FOR 1) PLAINTIFFS TO MOVE TO REMAND, AND 2) DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by parties re #18 Stipulation and Order,. (Cohen, Donald) |
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Filing 18
STIPULATION AND ORDER FOR EXTENSION OF TIME by Judge John C Coughenour; Pursuant to the parties' #17 Stipulation, it is ORDERED that Plaintiffs are hereby granted an extension until 7/18/2012 to file a potential motion to remand, and Defendants are hereby granted an extension until 7/18/2012, to answer or otherwise respond to Plaintiffs' Complaint. (TF)
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| Filing 17 STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME FOR 1) PLAINTIFFS TO MOVE TO REMAND, AND 2) DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by parties. (Cohen, Donald) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1.. (Rosenberger, Michael) |
| Filing 15 MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case; 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc.; 3. The status of discovery and a time schedule for its completion; 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule; 5. An estimate of the number of days needed for trial; 6. Whether the case is jury or non-jury; 7. The date by which the case will be ready for trial; 8. Settlement probabilities; and 9. Whether the parties consent to proceed to trial before an assigned magistrate judge pursuant to 28 U.S.C. 636(c). If counsel's office is outside of the Greater Metropolitan Seattle area, arrangements may be made to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at (206) 370-8805 at least ONE WEEK prior to the proceeding. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. The Court hereby orders counsel to appear for aStatus Conference set for 8/7/2012 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) |
| Filing 14 NOTICE OF PARTICIPATION OF CAMERAS IN THE COURTROOM. The Western District of Washington is participating in the Judiciary's Pilot Project on Cameras in the Courtroom. This project is a three-year study to evaluate the effects of cameras in the courtrooms. Additional information about the Pilot Program can be found at the U.S. Courts Cameras in the Courts Website, #www.uscourts.gov/Multimedia/Cameras.aspx.This case is eligible to have proceedings video recorded and made available to the public via the U.S. Court's and Western District of Washington's web sites. Even if the parties consent in their joint status report, the Court will not automatically record all proceedings in the case. Instead, parties must provide consent to the recording of each proceeding in a caseIf the parties indicate that they consent in their joint status report, notice will be sent prior to each scheduled proceeding seeking consent of all parties to have the scheduled proceeding recorded. If all parties consent, and the judge approves, the hearing will be recorded and made available to the public as part of the pilot project. More information about this pilot project can be found on the Court's web site at #www.wawd.uscourts.gov/courtservices/camerasindex.htm If you should desire to participate, the court will require formal consent for the recording of each scheduled proceeding. Please contact the Courtroom Deputy at: paul_pierson@wawd.uscourts.gov. Do not e-file your response. (PP) |
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Filing 13
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (PP)
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| Filing 12 PRAECIPE to attach document (Exhibit A) as replacement re #8 Declaration (non motion), Declaration (non motion) by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC. (Attachments: #1 Appendix A)(Cohen, Donald) |
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Filing 11
MINUTE ORDER by Judge John C Coughenour, United States District Judge; The Court GRANTS the parties' #5 Stipulation. Defts are granted an extension until 6/4/2012 to answer. (TF)
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Filing 10
ORDER re #7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ryan J Larsen for Diamond Resorts Corporation,and for Diamond Resorts Parent, LLC, by William M. McCool. (No document associated with this docket entry, text only.)(DS)
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Filing 9
ORDER re #6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Stuart Richter for Diamond Resorts Corporation,and for Diamond Resorts Parent, LLC, by William M. McCool. (No document associated with this docket entry, text only.)(DS)
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| Filing 8 DECLARATION of COUNSEL FOR DEFENDANTS REGARDING STATE COURT RECORDS AND PROCEEDINGS by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cohen, Donald) |
| Filing 7 APPLICATION OF ATTORNEY RYAN J. LARSEN FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC (Fee Paid) Receipt No. 0981-2822771. (Cohen, Donald) |
| Filing 6 APPLICATION OF ATTORNEY Stuart M. Richter FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC (Fee Paid) Receipt No. 0981-2822750. (Cohen, Donald) |
| Filing 5 STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by parties. (Cohen, Donald) |
| Filing 4 LETTER from Clerk to counsel re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (MKB) |
| Judge John C Coughenour added. (MKB) |
| NOTICE to Filer: REGARDING LACK OF PROPER SIGNATURE. The Complaint was improperly signed by Michael E. Ricketts. Pursuant to FRCP Rule 11 and Local General Rule 2(h), signatures must comply with Section III(L) of the Electronic Filing Procedures, which states, "An electronically filed pleading or other document which requires an attorney's signature must have the signors' names' printed or typed on the line and under all signature lines."Do not re-file this document, please be sure all future documents are properly signed. Thank you. (MKB) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1 Plaintiffs must file a Corporate Disclosure Statement by 5/29/2012, (MKB) |
| Filing 3 ERRATA re #1 Notice of Removal, by Defendants Diamond Resorts Corporation, Diamond Resorts Parent, LLC. (Cohen, Donald) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1.. (Cohen, Donald) |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 12-2-12626-7 SEA; (Receipt # 0981-2819887), filed by Diamond Resorts Corporation, Diamond Resorts Parent, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Cohen, Donald) |
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