Filed: May 09, 2017
Latest Update: May 09, 2017
Summary: STIPULATION AND ORDER TO STAY LITIGATION PENDING RESOLUTION OF DEFENDANTS' MOTION TO COMPEL ARBITRATION. CAM FERENBACH , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Ilona Harding and Lester Thomas Harding ("Plaintiffs") and Defendants Diamond Resorts Holdings, LLC, a Nevada limited liability company; Diamond Resorts International, Inc., a Delaware corporation; Diamond Resorts U.S. Collection, L.L.C, a Delaware limited liability company; Diamond Resorts In
Summary: STIPULATION AND ORDER TO STAY LITIGATION PENDING RESOLUTION OF DEFENDANTS' MOTION TO COMPEL ARBITRATION. CAM FERENBACH , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Ilona Harding and Lester Thomas Harding ("Plaintiffs") and Defendants Diamond Resorts Holdings, LLC, a Nevada limited liability company; Diamond Resorts International, Inc., a Delaware corporation; Diamond Resorts U.S. Collection, L.L.C, a Delaware limited liability company; Diamond Resorts Int..
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STIPULATION AND ORDER TO STAY LITIGATION PENDING RESOLUTION OF DEFENDANTS' MOTION TO COMPEL ARBITRATION.
CAM FERENBACH, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Ilona Harding and Lester Thomas Harding ("Plaintiffs") and Defendants Diamond Resorts Holdings, LLC, a Nevada limited liability company; Diamond Resorts International, Inc., a Delaware corporation; Diamond Resorts U.S. Collection, L.L.C, a Delaware limited liability company; Diamond Resorts International Marketing, Inc., a California corporation; Diamond Resorts International Club, Inc., a Florida corporation; Diamond Resorts Management, Inc., an Arizona corporation; Diamond Resorts U.S. Collection Members Association, a Delaware corporation; Diamond Resorts Developer & Sales Holding Company, a Delaware company; Diamond Resorts Financial Services, Inc., a California corporation ("Defendants"), through their respective counsel of record, as follows:
WHEREAS, Defendants filed a Motion to Dismiss and to Compel Arbitration [Dkt. No. 18], and further, filed a Motion to Stay Litigation [Dkt. No. 19] until the underlying motion could be decided;
IT IS HEREBY STIPULATED that all discovery in this case is stayed pending a ruling from the trial court on Defendants' Motion to Compel Arbitration [Dkt. No. 18].
IT IS FURTHER STIPULATED THAT the stay of discovery will remain in effect until thirty (30) days after the court issues an order granting or denying Defendants' Motion to Compel Arbitration or upon stipulation of the parties to lift the stay.
This Stipulation is being made without prejudice to any party's rights to seek relief once the Court has made its ruling on the Motion to Compel Arbitration.
ORDER
IT IS SO ORDERED. And it is further ordered that Defendants' Motion to Stay Litigation [Dkt. No. 19] is DENIED as moot, in light of today's order.
IT IS FURTHER ORDERED that the hearing scheduled for May 10, 2017 is VACATED.
IT IS FURTHER ORDERED that a status hearing is scheduled for 10:00 AM, November 13, 2017, in Courtroom 3D.
