United States District Court, D. Nevada
DIAMOND RESORTS INTERNATIONAL, INC., a Delaware corporation; DIAMOND RESORTS CORPORATION, a Maryland corporation; DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, a Delaware limited liability company; and DIAMOND RESORTS MANAGEMENT, INC., an Arizona corporation, Plaintiffs,
REED HEIN & ASSOCIATES, LLC, a Washington limited liability company DBA TIMESHARE EXIT TEAM; BRANDON REED, an individual and citizen of the State of Washington; TREVOR HEIN, an individual and citizen of Canada; and SCOTT LOUGHRAM, an individual and citizen of the State of Washington, Defendants.
S. LARSEN, ESQ. Nevada Bar No. 7785 DAVID T. GLUTH, II, ESQ.
Nevada Bar No. 10596 GORDON REES SCULLY MANSUKHANI, LLP
Attorneys for Defendants
STIPULATION AND ORDER TO EXTEND TIME TO FILE ANSWER
TO COMPLAINT [ECF NO. 1]
to Local Rules 6-1 and 7-1, Plaintiffs DIAMOND RESORTS
INTERNATIONAL, INC.; DIAMOND RESORTS CORPORATION; DIAMOND
RESORTS U.S. COLLECTION DEVELOPMENT, LLC; and DIAMOND RESORTS
MANAGEMENT, INC., (“Plaintiffs”), and Defendants
REED HEIN & ASSOCIATES, LLC d/b/a TIMESHARE EXIT TEAM;
BRANDON REED; TREVOR HEIN and SCOTT LOUGHRAM
(“Defendants”), by and through their respective
attorneys of record, stipulate as follows:
Plaintiffs filed their Complaint on December 6, 2017 [ECF No.
Defendant Reed Hein and Associates, LLC (“Reed
Hein”) was served with process on or about December 20,
2017 making its response to the complaint due on January 10,
Defendant Brandon Reed (“Reed”) was served with
process on or about December 19, 2017 making his response to
the complaint due on January 9, 2018.
Service may have been attempted, but was not perfected, on
Defendant Scott Loughram (“Loughram”) on December
23, 2017. To the extent service on Mr. Loughram was not
perfected, Loughram has agreed to allow Robert S. Larsen of
Gordon Rees Scully Mansukani LLP to accept service of the
summons and complaint on his behalf.
Defendant Trevor Hein (“Hein”) has not yet been
served with process. Hein has agreed to allow Robert S.
Larsen of Gordon Rees Scully Mansukani LLP to accept service
of the summons and complaint on his behalf.
Robert S. Larsen and the law firm of Gordon Rees Scully
Mansukani LLP (“GRSM”) agree to accept service on
behalf of the unserved defendants, Loughram and Hein.
Because the summons and complaint were served on Defendants
Reed Hein and Reed right before the Christmas holiday
weekend, Defendants Reed Hein and Reed were unable to
immediately retain counsel.
December 29, 2017, Defendants Reed Hein and Reed retained
counsel. Subsequently, counsel for Reed Hein and Reed agreed
to represent Defendants Hein and Loughram. However, because
of the New Year's holiday weekend, Defendants have not
been able to substantively discuss the allegations in the
complaint with counsel and been unable to deliver any files
and background documents related to the case. All of the
Defendants reside outside of Nevada which adds to the initial
burden to assist counsel in investigating the allegations in
complaint in this case involves complex business tort, unfair
business practices, and false advertising. The complaint
includes more than 136 allegations and 6 separate causes of
Given the very short time from when counsel for Defendants
was able to be retained and the deadline to file responses to
the complaint, it is unlikely that the files can be delivered
to and reviewed by counsel before the current deadline.
Additionally, an extension will promote judicial economy as
it will allow the Defendants to determine whether a single
response or separate ...