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Diamond Resorts International, Inc. v. Reed Hein & Associates, LLC

United States District Court, D. Nevada

April 1, 2019

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,
v.
REED HEIN & ASSOCIATES, LLC, d/b/a TIMESHARE EXIT TEAM, a Washington limited liability company; BRANDON REED, an individual and citizen of the State of Washington; TREVOR HEIN, an individual and citizen of Canada; THOMAS PARENTEAU, an individual and citizen of the State of Washington; HAPPY HOUR MEDIA GROUP, LLC, a Washington limited liability company; MITCHELL REED SUSSMAN, ESQ. d/b/a THE LAW OFFICES OF MITCHELL REED SUSSMAN & ASSOCIATES, an individual citizen of the State of California; SCHROETER, GOLDMARK & BENDER, P.S. A Washington professional services corporation; and KEN B. PRIVETT, ESQ., a citizen of Oklahoma, Defendants.

          ROBERT S. LARSEN, ESQ., DAVID T. GLUTH, II, ESQ., DIONE C. WRENN, ESQ., GORDON REES SCULLY MANSUKHANI, LLP Attorneys for Defendants Reed Hein & Associates, Brandon Reed, Trevor Hein and Thomas Parenteau.

          COOPER LEVENSON, P.A., DANIEL J. BARSKY, ESQ., SHUTTS & BOWEN LLP, KIMBERLY MAXON-RUSHTON, ESQ., R. SCOTT RASMUSSEN, ESQ., ALFRED J. BENNINGTON, JR., ESQ., GLENNYS ORTEGA RUBIN, ESQ., SHUTTS & BOWEN LLP, Attorneys for Plaintiffs.

          STIPULATION AND ORDER TO EXTEND TIME TO FILE REPLY BRIEFS IN SUPPORT OF MOTIONS TO DISMISS (FIRST REQUEST)

         Pursuant 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; and TREVOR HEIN (“Reed Hein Defendants”) and HAPPY HOUR MEDIA GROUP, LLC (“Happy Hour”), by and through their respective attorneys of record, stipulate as follows:

         STIPULATION

         1. Plaintiffs filed their Complaint on December 6, 2017 [ECF No. 1].

         2. The Reed Hein Defendants filed a motion to dismiss. [ECF No. 22].

         3. The Court dismissed certain claims and the individual defendants from the lawsuit and allowed Plaintiffs to file an amended complaint. [ECF No. 50].

         4. Plaintiffs filed their Amended Complaint for Damages and Injunctive Relief (“Amended Complaint”) on January 4, 2019 [ECF No. 59].

         5. The Amended Complaint in this case involves complex claims of business tort, unfair business practices, and false advertising.

         6. The parties agreed to an extension of time for Reed Hein Defendants and Happy Hour to respond to the Amended Complaint until February 28, 2019. [ECF No. 71] and [ECF No. 73].

         7. On February 28, 2019, Reed Hein Defendants filed its Motion for Partial Dismissal of Amended Complaint [ECF No. 87].

         8. On February 28, 2019, Happy Hour filed its Motion to Dismiss Amended Complaint. [ECF No. 88].

         9. The parties agreed to an extension of time for Plaintiffs to file their responses to Reed Hein Defendants and Happy Hours' Motions to Dismiss until March 25, 2019 in order for Plaintiffs to fully brief the legal issues. [ECF No. 94].

         10. On March 25, 2019, Plaintiffs filed their Memorandum of Points and Authorities in Opposition to Reed Hein Defendants and Happy Hour's Motions to Dismiss. [ECF No. 96 and 97]. The Reply Briefs in support of ...


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