AMENDED STIPULATION AND ORDER DISMISSING DIAMOND RESORTS INTERNATIONAL, INC. AND DIAMOND RESORTS CORPORATION WITHOUT PREJUDICE

GLORIA M. NAVARRO, Chief District Judge.

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs DANIEL GONZALEZ and JEFFREY HUGHES, on behalf of themselves and others similarly situated "(Plaintiffs"), and DIAMOND RESORTS INTERNATIONAL MARKETING, INC., DIAMOND RESORTS INTERNATIONAL, INC., DIAMOND RESORTS CORPORATION, and WEST MAUI RESORTS PARTNERS, L.P., ("Defendants"), by and through their respective counsel, as to the following:

1. Plaintiffs have instituted this action against Defendants Diamond Resorts International Marketing, Inc., Diamond Resorts International, Inc., Diamond Resorts Corporation, and West Maui Resorts Partner, L.P.

2. Plaintiffs have sued on behalf of themselves and all similarly situated current and former, non-exempt Sales Representatives ("Collective Class Members") who worked on-site at one or more Diamond resorts (and/or affiliated resorts) at any time since May 29, 2015 (the "FLSA Recovery Period").

3. Plaintiff Daniel Gonzalez has sued on behalf of himself and all similarly situated current and former, non-exempt Sales Representatives ("Hawaii Class Members") who worked on-site at one or more Diamond resorts (and/or affiliated resorts) in the state of Hawaii at any time since May 29, 2012 (the "Hawaii Class Recovery Period").

4. Plaintiffs have alleged that all four (4) Defendants were employers of Plaintiffs and the putative Collective Class Members as defined by the FLSA.

5. Plaintiffs have alleged that all four (4) Defendants were employers of Plaintiff Daniel Gonzalez and the putative Hawaii Class Members as defined by the Hawaii Wage and Hour Law.

6. Defendants deny that Diamond Resorts International, Inc. or Diamond Resorts Corporation employed Plaintiffs, the putative Collective Class Members or the putative Hawaii Class Members; that Defendant Diamond Resort International, Inc. or Diamond Resorts Corporation were employers of Plaintiffs and the Collective Class Members as defined by the FLSA; and that Defendant Diamond Resort International, Inc. or Diamond Resorts Corporation were employers of Plaintiff Daniel Gonzalez and the putative Hawaii Class Members as defined by the Hawaii Wage and Hour Law.

7. Defendants, however, admit and stipulate that Diamond Resorts International Marketing, Inc. was and/or is the employer of Plaintiff and putative Collective Class Members who worked in the continental United States as defined by the FLSA. Defendants further admit and stipulate that West Maui Resorts Partners, Inc. was and/or is the employer of Plaintiff Daniel Gonzalez and the putative Collective Class Members who worked in Hawaii as defined by the FLSA, and that West Maui Resorts Partners, Inc. was and/or is the employer of Plaintiff Daniel Gonzalez and the putative Hawaii Class Members who worked in Hawaii as defined by the Hawaii Wage and Hour Law.

8. Based on Defendants' representations above, Plaintiffs agree to dismiss Diamond Resorts International, Inc. and Diamond Resorts Corporation without prejudice.

9. Each party is to bear its own fees and costs.

IT IS SO ORDERED.