Gonzalez et al v. Diamond Resorts International Marketing, Inc. et al

Filing 209

ORDER granting #208 Stipulation to Extend time Re: #202 Motion for Summary Judgment; Responses due by 4/16/2021. Replies due by 5/7/2021. Signed by Judge Andrew P. Gordon on 4/1/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:18-cv-00979-APG-NJK Document 209 Filed 04/01/21 Page 1 of 4

1 MICHAEL N. FEDER
Nevada Bar No. 7332
2 DICKINSON WRIGHT PLLC
3 3883 Howard Hughes Parkway, Suite 800
Las Vegas, NV 89169
4 Telephone: [phone]
Facsimile:
844-670-6009
5 Email:
[e-mail]
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MARTIN D. HOLMES (Pro Hac Vice)
Tennessee Bar No. 012122
PETER F. KLETT (Pro Hac Vice)
Tennessee Bar No. 012688
DICKINSON WRIGHT PLLC
Fifth Third Center, Suite 800
Nashville, TN 37219
Telephone: [phone]
Facsimile:
844-670-6009
Email:
[e-mail]
[e-mail]

TREVOR W. HOWELL (Pro Hac Vice)
Tennessee Bar No. 009496
HOWELL LAW, PLLC
P.O. Box 158511
Nashville, TN 37215
Telephone:
615-406-1416
Email: [e-mail]

13 Attorneys for Plaintiffs, Collective Class
Members and Hawaii Class Members
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DANIEL GONZALEZ and JEFFREY HUGHES,
on behalf of themselves and others similarly
situated,

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Plaintiffs,
v.
DIAMOND RESORTS INTERNATIONAL
MARKETING, INC., DIAMOND RESORTS
INTERNATIONAL, INC., DIAMOND
RESORTS CORPORATION, and WEST MAUI
RESORTS PARTNERS, L.P.,

Case No. 2:18-cv-00979-APG-NJK
STIPULATION AND ORDER
EXTENDING THE DEADLINE FOR
PLAINTIFFS TO FILE THEIR
OPPOSITION TO DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT AND THE DEADLINE
FOR DEFENDANTS TO FILE
THEIR REPLY

(FIRST REQUEST)

Defendants.

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Plaintiffs Daniel Gonzalez and Jeffrey Hughes, on behalf of themselves and others
similarly situated (collectively “Plaintiffs”), and Defendants Diamond Resorts International

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Case 2:18-cv-00979-APG-NJK Document 209 Filed 04/01/21 Page 2 of 4

1 Marketing, Inc. and West Maui Resorts Partners, L.P. (collectively “Defendants”) (Plaintiffs and
2 Defendants are collectively referred to as “the Parties”), by and through their respective counsel,
3 hereby submit this Stipulation and Order extending the deadline for Plaintiffs to file their
4 opposition to Defendants’ Motion for Summary Judgment by seven days and extending
5 Defendants’ deadline to file their reply by a mutual, corresponding, seven days. Defendants filed
6 their Motion for Summary Judgment on March 19, 2021. (ECF No. 202.) Plaintiffs’ opposition
7 is due by April 9, 2021. This is the Parties’ first request to extend the deadlines for Plaintiffs to
8 file their opposition to Defendants’ Motion for Summary Judgment and for Defendants to file their
9 reply to Plaintiffs’ opposition to Defendants’ Motion for Summary Judgment.
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The Parties HEREBY STIPULATE AND AGREE as to the following:

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1.

On March 19, 2021, Defendants filed their Motion for Summary Judgment (ECF

12 No. 202) and Plaintiffs’ opposition is due on or before April 9, 2021.
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2.

Plaintiffs’ lead counsel, Martin Holmes, is traveling out of state from his home on

14 April 5, 2021, to undergo medical testing that week and a surgical procedure under general
15 anesthesia on April 9, 2021, the due date of Plaintiffs’ Opposition. Mr. Holmes is scheduled to
16 return to home on April 12, 2021.
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3.

During the time period between April 5, 2021 and April 12, 2021, Mr. Holmes will

18 have limited access to emails and other communication with co-counsel and staff, and will not be
19 in the office during the week of April 5 – 9, 2021, to oversee the completion and filing of Plaintiffs’
20 opposition to Defendants’ Motion for Summary Judgment.
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4.

Plaintiffs’ counsel has conferred with Defendants’ counsel.

In light of the

22 circumstances, the Parties submit that good cause exists for a mutual, seven-day, expansion of the
23 briefing schedule and extension of the filing deadlines. Specifically, Plaintiffs would have four
24 weeks instead of three weeks to submit their opposition, which extends their deadline from April
25 9, 2021, to April 16, 2021. Likewise, Defendants would have three weeks instead of two weeks
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Case 2:18-cv-00979-APG-NJK Document 209 Filed 04/01/21 Page 3 of 4

1 to submit their reply, which extends their deadline from April 30, 2021 to May 7, 2021.1 The
2 requested extensions should not cause any material delay in these proceedings.
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5.

Based on the foregoing, the Parties stipulate that Plaintiffs’ opposition to

4 Defendants’ Motion for Summary Judgments shall be filed on or before April 16, 2021 and
5 Defendants reply to Plaintiffs’ opposition to Defendants’ Motion for Summary Judgment shall be
6 filed on or before May 7, 2021.
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IT IS SO STIPULATED this 31st day of March, 2021.
DICKINSON WRIGHT PLLC

/s/ Martin D. Holmes
11 MICHAEL N. FEDER
Nevada Bar No. 7332
12 3883 Howard Hughes Parkway
Suite 800
13 Las Vegas, NV 89169
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15 MARTIN D. HOLMES
(Admitted Pro Hac Vice)

LEWIS ROCA ROTHGERBER CHRISTIE LLP
/s/ Ferry Eden Lopez
HOWARD E. COLE
Nevada Bar No. 4950
JENNIFER K. HOSTETLER
Nevada Bar No. 11994
BRIAN D. BLAKELY
Nevada Bar No. 13074
3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

16 Tennessee Bar No. 012122
PETER F. KLETT
(Admitted Pro Hac Vice)
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Tennessee Bar No. 012688
Fifth Third Center, Suite 800
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424 Church Street
19 Nashville, TN 37219

KIRSTIN E. MULLER

20 TREVOR W. HOWELL
(Admitted Pro Hac Vice)
21 Howell Law, PLLC
P.O. Box 158511
22 Nashville, TN 37215

California Bar No. 285283
FERRY EDEN LOPEZ
(Admitted Pro Hac Vice)
California Bar No. 27480
Hirschfeld Kramer LLP
233 Wilshire Boulevard, Suite 600
Santa Monica, California 90401

23 Attorneys for Plaintiffs,
Collective Class Members
24 and Hawaii Class Members

(Admitted Pro Hac Vice)

California Bar No. 186373
ALISON M. HAMER
(Admitted Pro Hac Vice)

California Bar No. 258281
BENJAMIN J. TREGER

(Admitted Pro Hac Vice)

Attorneys for Defendants

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Based on the Parties’ stipulations, and for good cause shown, it is hereby ORDERED that

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the Plaintiffs’ opposition to Defendants’ Motion for Summary Judgment shall be filed on or before
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Pursuant to Local Rule 7-2(b), Defendants’ reply is due 14 days after service of Plaintiffs’ response.

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Case 2:18-cv-00979-APG-NJK Document 209 Filed 04/01/21 Page 4 of 4

1 April 16, 2021 and Defendants’ reply to Plaintiffs’ opposition to Defendants’ Motion for Summary
2 Judgment shall be filed on or before May 7, 2021.
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IT IS SO ORDERED:

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______________________________
ANDREW P. GORDON
United States District Judge

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April 1, 2021
DATED: ______________________

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CERTIFICATE OF SERVICE
I hereby certify that on March 31, 2021, I caused a true and accurate copy of the foregoing

12 STIPULATION AND ORDER EXTENDING THE DEADLINE FOR PLAINTIFFS TO FILE
13 THEIR OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND
14 THE DEADLINE FOR DEFENDANTS TO FILE THEIR REPLY to be filed with the Clerk of
15 the Court via the Court’s CM/ECF system, which sent an electronic copy of same to the following
16 counsel of record:
17 HOWARD E. COLE
18 JENNIFER K. HOSTETLER
BRIAN D. BLAKELY
19 LEWIS ROCA ROTHGERBER CHRISTIE LLP
3993 Howard Hughes Pkwy, Suite 600
20 Las Vegas, NV 89169-5996
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ALISON MEGAN HAMER (Admitted Pro Hac Vice)
22 BENJAMIN JOSEPH TREGER (Admitted Pro Hac Vice)
KIRSTIN ELISABETH MULLER (Admitted Pro Hac Vice)
23 FERRY EDEN LOPEZ (Admitted Pro Hac Vice)
HIRSCHFELD KRAMER LLP
24 233 Wilshire Boulevard, Suite 600
Santa Monica, California 90401
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26 Attorneys for Defendants

/s/ Martin D. Holmes
Martin D. Holmes

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4840-2102-7809 v1 [77850-1]

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