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

United States District Court, D. Nevada

January 13, 2020

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 R. SUSSMAN, ESQ. d/b/a THE LAW OFFICES OF MITCHELL REED SUSSMAN & ASSOCIATES, an individual and citizen of the State of California; SCHROETER, GOLDMARK & BENDER, P.S., a Washington Professional Services Corporation; and KEN B. PRIVETT, ESQ., a citizen of the State of Oklahoma, Defendants.

          Richard W. Epstein, Esq., Jeffrey Backman, Esq., Michelle Durieux, Esq., GREENSPOON MARDER LLP, Phillip A. Silvestri, Esq., GREENSPOON MARDER LLP, Gregory Kraemer COOPER LEVENSON, P.A., Attorneys for Plaintiffs.

          GORDON REES SCULLY MANSUKHANI, LLP, ROBERT S. LARSEN, ESQ., DAVID T. GLUTH, II, ESQ., DIONE C. WRENN, ESQ., Attorneys for Defendants Reed Hein & Associates, LLC dba Timeshare Exit Team, Brandon Reed, Trevor Hein, Thomas Parenteau, and Happy Hour Media Group, LLC.

          LIPSON NEILSON, P.C., JOSEPH P. GARIN, ESQ., MEGAN H. HUMMEL, ESQ., Attorneys for Defendant Schroeter, Goldmark & Bender, P.S.

          ALVERSON TAYLOR & SANDERS, LEANN SANDERS, ESQ., COURTNEY CHRISTOPHER, ESQ., Attorney for Defendant Ken B. Privett, Esq.

          JOINT STIPULATION TO EXTEND DEADLINES [SECOND REQUEST]

         Pursuant to Local Rules 6-1 and 7-1, Plaintiff DIAMOND RESORTS CORPORATION (“DRC”), and Defendants REED HEIN & ASSOCIATES, LLC d/b/a TIMESHARE EXIT TEAM, BRANDON REED, TREVOR HEIN, THOMAS PARENTEAU (collectively, “TET Defendants”), HAPPY HOUR MEDIA GROUP, LLC (“HHMG”), MITCHELL REED SUSSMAN, ESQ. d/b/a THE LAW OFFICES OF MITCHELL REED SUSSMAN & ASSOCIATES (“Sussman”), SCHROETER GOLDMARK & BENDER, P.S. (“SGB”), and KEN B.. PRIVETT, ESQ. (“Privett”), by and through their respective attorneys of record, stipulate as stated below. TET Defendants, HHMG, Sussman, SGB, and Privett are collectively referred to as “Defendants”. DRC and Defendants are collectively referred to herein as the “Parties”. The Parties hereby stipulate and agree as follows:

1. On November 25, 2019, this Court granted in part TET Defendants and HHMG's Motions to Dismiss (hereinafter, the “Order”) [ECF No. 141].
2. The Order provided Plaintiff until December 23, 2019 to file a Second Amended Complaint (“SAC”).
3. Due to the upcoming holiday season, the Parties stipulated to extend the deadline to file the SAC until January 12, 2020 (ECF #142). The Court granted the requested extension on December 20, 2019 (ECF No. 144).
4. In the SAC, Plaintiff intends to significantly narrow the scope of this litigation, most notably by drastically reducing the number of timeshare owners that are the subject of this litigation.
5. Since the prior extension was granted, Plaintiff has been working diligently to identify the reduced scope of owners, however due to the limited discovery that has been conducted to date, the process has taken significantly longer than expected.
6. Based on this delay, the Parties have agreed to extend the deadline to file the SAC for thirty (30) days, until February 12, 2020. Additionally, based on prior stipulation, Defendants' responses to the SAC will be due 30 days after the SAC is filed (March 13, 2020).[1]
7. This stipulation is not made for purposes of delay, but rather to limit the scope of this case and maximize judicial efficiency.

         IT IS ...


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