Mastbergen, John et al v. Bluegreen Vacations Unlimited, Inc. et al
| Nikki R. Mastbergen and John V. Mastbergen |
| Bluegreen Vacations Unlimited, Inc. and Cibola Vista Resort & Spa LLC |
| 3:2018cv01048 |
| December 17, 2018 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Set/Reset Briefing Deadlines as to #8 PARTIAL MOTION TO DISMISS Amended Complaint. Brief in Opposition due 3/8/2019. Brief in Reply due 3/18/2019. (kwf) |
Filing 14
** TEXT ONLY ORDER **The court is in receipt of a motion by plaintiffs to extend disclosure deadlines and all briefing and other deadlines by 60 days in light of plaintiffs' anticipated filing of a bankruptcy petition. (Dkt. #13 .) Plaintiffs contend that a bankruptcy filing "will make the continuation of this lawsuit unclear due to the uncertainty as to whether Plaintiffs will retain ownership of the claims set forth in this lawsuit." (Id. at 1.) Plaintiffs further represent that they anticipate filing for bankruptcy this month. In light of that representation, only two deadlines are in play this month: the parties' initial disclosures under Rule 26(a)(1), which were due yesterday, February 8, 2019, and plaintiffs' opposition brief to defendants' partial motion to dismiss, which is due next Friday, February 15, 2019. While there is no reason to provide a blanket 60-day extension, the court will extend those two deadlines to provide plaintiffs an opportunity to file for bankruptcy and explore the impact of that filing on the claims in this case. As such, the court will GRANT IN PART AND DENY IN PART plaintiffs' motion. The court will extend the deadline for serving initial disclosures (to the extent they were not served yesterday) and plaintiffs' opposition to defendants' partial motion to dismiss under March 8, 2019. Signed by District Judge William M. Conley on 2/9/2019. (bgw)
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| Filing 13 Motion for Extension of Time by Plaintiffs John V. Mastbergen, Nikki R. Mastbergen. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 2/14/2019. (Fons, Mary) |
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Filing 12
Pretrial Conference Order: # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Dispositive Motions due 12/6/2019. Settlement Letters due 4/10/2020. Rule 26(a)(3) Disclosures and Motions in Limine due 4/17/2020. Responses due 5/1/2020. Final Pretrial Conference set for 5/12/2020 at 4:00 PM. Jury Selection and Trial set for 5/18/2020 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 1/31/2019. (arw)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 1/30/2019 [:15] (cak) |
| Filing 11 Joint Preliminary Pretrial Conference Report by Plaintiffs John V. Mastbergen, Nikki R. Mastbergen. (Fons, Mary) |
| Filing 10 Declaration of Marisa Berlinger filed by Defendants Bluegreen Vacations Unlimited, Inc., Cibola Vista Resort & Spa LLC re: #8 Partial Motion to Dismiss, (Attachments: #1 Exhibit A - Owner Beneficiary Agreement, #2 Exhibit B - June 21, 2018 Cancellation Notice) (Berlinger, Marisa) Modified on 1/25/2019: Added exhibit descriptions. Detailed e-mail sent to counsel. Disregard future entries. (lak) |
| Filing 9 Brief in Support of #8 Partial Motion to Dismiss Amended Complaint by Defendants Bluegreen Vacations Unlimited, Inc., Cibola Vista Resort & Spa LLC. (Berlinger, Marisa) Modified on 1/28/2019. (lak) |
| Filing 8 PARTIAL MOTION TO DISMISS Amended Complaint by Defendants Bluegreen Vacations Unlimited, Inc., Cibola Vista Resort & Spa LLC. Brief in Opposition due 2/15/2019. Brief in Reply due 2/25/2019. (Berlinger, Marisa) Modified on 1/28/2019. (lak) |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Fons, Mary) |
| Set Pretrial Conference: Telephone Pretrial Conference set for 1/30/2019 at 1:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. #Standing Order Governing Preliminary Pretrial Conference attached. (arw) |
| Filing 6 Declaration of Emily M. Feinstein filed by Defendants Bluegreen Vacations Unlimited, Inc., Cibola Vista Resort & Spa LLC re: #4 Motion to Dismiss, (Attachments: #1 Certificate of Service, #2 Exhibit A - Owner Beneficiary Agreement, #3 Exhibit B - Wis. JI-Civil 2400, #4 Exhibit C - Wis. JI-Civil 2418) (Feinstein, Emily) Modified on 12/21/2018. (lak) |
| Filing 5 Brief in Support of #4 Motion to Dismiss, by Defendants Bluegreen Vacations Unlimited, Inc., Cibola Vista Resort & Spa LLC, (Attachments: #1 Certificate of Service) (Feinstein, Emily) Modified on 12/21/2018. (lak) |
| Filing 4 MOTION TO DISMISS by Defendants Bluegreen Vacations Unlimited, Inc., Cibola Vista Resort & Spa LLC. Brief in Opposition due 1/11/2019. Brief in Reply due 1/22/2019. (Attachments: #1 Certificate of Service) (Feinstein, Emily) Modified on 12/21/2018. (lak) |
| Standard attachments for District Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf) |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (kwf) |
| Filing 3 Corporate Disclosure Statement by Defendant Cibola Vista Resort & Spa LLC, (Attachments: #1 Certificate of Service) (Feinstein, Emily) |
| Filing 2 Corporate Disclosure Statement by Defendant Bluegreen Vacations Unlimited, Inc., (Attachments: #1 Certificate of Service) (Feinstein, Emily) |
| Filing 1 NOTICE OF REMOVAL from Dunn County, case number 2018CV000288. ( Filing fee $ 400 receipt number 0758-2377598), filed by All Defendants, (Attachments: #1 JS-44 Civil Cover Sheet, #2 Notice of Consent to Removal, #3 Exhibit A - Complaint, #4 Certificate of Service) (Feinstein, Emily) Modified on 12/17/2018. (lak) |
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