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

Opinion

1 Jeffrey Backman, Esq. (admitted Pro Hac Vice) Michelle Durieux, Esq. (admitted Pro Hac Vice) 200 East Broward Blvd., Ste. 1800 3 Fort Lauderdale, FL 33301 4 Tel: 954 491-1120 Facsimile: 954-343-6958 5 Richard.Epstein@gmlaw.com Jeffrey.Backman@gmlaw.com 6 Michelle.Durieux@gmlaw.com 7 Phillip A. Silvestri, Esq. Nevada Bar No. 11276 3993 Howard Hughes Parkway, Ste. 400 9 Las Vegas, NV 89169 Tel: 702-978-4249 10 Fax: 954-333-4256 11 Phillip.Silvestri@gmlaw.com 12 Kimberly Maxson-Rushton 675 Nevada Bar No. 5065 13 Gregory Kraemer 3016 W. Charleston Blvd., #195 15 Las Vegas, NV 89102 T: (702) 366-1125 16 F: (702) 366-1857 krushton@cooperlevenson.com 17 gkraemer@cooperlevenson.com 18 Attorneys for Plaintiff 19 UNITED STATES DISTRICT COURT 20 DISTRICT OF NEVADA 21 DIAMOND RESORTS U.S. COLLECTION Case No.: 2:17-cv-03007-APG-VCF 22 DEVELOPMENT, LLC, a Delaware Limited Liability Company, 23 Plaintiff, STIPULATION AND [PROPOSED] 24 v. ORDER TO EXTEND DEADLINE TO 25 FILE REPLY IN SUPPORT OF MOTION REED HEIN & ASSOCIATES, LLC d/b/a TO COMPEL [ECF #284] 26 TIMESHARE EXIT TEAM, a Washington Limited Liability Company; BRANDON REED, [First Request] 27 an individual and citizen of the State of Washington; TREVOR HEIN, an individual and 28 citizen of Canada; THOMAS PARENTEAU, an 1 Washington; HAPPY HOUR MEDIA GROUP, 2 L ML IC TC, a H W ELa Lsh Rin .g Sto Un S L Si Mm Aite Nd , L Ei Sa Qbi .l i dty /b C /ao Tm Hp Ean y; SUSSMAN & ASSOCIATES, an individual and 4 citizen of the State of California; SCHROETER, GOLDMARK & BENDER, P.S., a Washington 5 Professional Services Corporation; and KEN B. 6 PRIVETT, ESQ., a citizen of the State of Oklahoma, 7 Defendants. 8 Pursuant to LR IA 6-1 and Fed. R. Civ. P. 6(b)(1)(A) (“FRCP”), Plaintiff Diamond 9 Resorts U.S. Collection Development, LLC (“Plaintiff”), and Defendant Reed Hein & Associates 10 d/b/a/ Timeshare Exit Team (“Defendant”) hereby stipulate to extend Plaintiff’s deadline to file a 11 Reply in support of Plaintiff’s Motion to Compel [ECF #284] (the “Motion”), currently set for 12 September 18, 2020, until October 2, 2020, and as grounds state as follows: 13 1. Plaintiff filed the Motion on August 19, 2020. 14 2. Defendant filed its Opposition on September 11, 2020, after a brief extension to 15 its response deadline. 16 3. Counsel for Plaintiff is concurrently in the process of drafting is Reply in Support 17 of its Motion to Overrule SGB’s Privilege Claims, which is a fundamental issue in this litigation. 18 4. Additionally, Defendant’s Opposition raises several points related to documents 19 that have been produced, but have not been specifically identified by bates reference. Counsel for 20 Defendant has agreed to provide Plaintiff with specific references to the relevant production, 21 however this will not be available prior to the current filing deadline. 22 5. In order to adequately respond to Defendant’s Opposition, and the issues 23 presented therein, the Parties agree that Plaintiff’s deadline to file its Reply in support of the 24 Motion be extended two (2) weeks, up to and including October 2, 2020 25 /// 26 /// 27 /// 28 1 6. This is the Parties’ first request for extension of this deadline, and it is not 2 intended to cause any delay or prejudice to any party. Defendant does not object to the requested 3 extension. 4 Dated this 17th day of September, 2020 7 4s/ Phillip A. Silvestri /s/ Dione C. Wrenn PHILLIP A. SILVESTRI, ESQ. ROBERT S. LARSEN, ESQ. 8 Nevada Bar No. 11276 Nevada Bar No. 7785 9 3993 Howard Hughes Parkway, Suite 400 DAVID T. GLUTH, II, ESQ. Las Vegas, NV 89169 Nevada Bar No. 10596 10 Attorneys for Plaintiff DIONE C. WRENN, ESQ. Diamond Resorts Corporation Nevada Bar No. 13285 300 South 4" Street, Suite 1550 Las Vegas, Nevada 89101 1 EB 13 Attorneys for Defendants Reed Hein & Associates, LLC dba Timeshare 23 14 Exit Team, Brandon Reed, Trevor Hein, 2 Thomas Parenteau, and Happy Hour Media Eas 15 Group, LLC ERE 5 16

E17 18 Daas ITS 50 ORDER ey 20 UNITED STATES MAGISTRATE JUDGE 21 9-18-2020 2 DATED: 23 24 25 26 27 28

2 I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of the 3 Court by using the CM/ECF system on this 17th day of September 2020. I also certify that the 4 foregoing document is being served this day on all counsel of record or pro se parties identified 5 on the Court’s Service List via transmission of Notices of Electronic Filing generated by 6 CM/ECF. For any counsel or parties who are not are not authorized to receive Notices of 7 Electronic Filing electronically, I certify that I served those parties via First Class U.S. Mail. 8 9 /s/ Phillip A. Silvestri 10 An employee of Greenspoon Marder LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28