This case was last updated from U.S. District Courts on 06/03/2022 at 10:38:56 (UTC).

Zwicky v. Diamond Resorts Incorporated et al

Case Summary

On 12/01/2020 Zwicky filed an Other - Racketeer Influenced & Corrupt Organizations Act lawsuit against Diamond Resorts Incorporated. This case was filed in U.S. District Courts, Arizona District Court. The Judges overseeing this case are John J Tuchi and Diane J Humetewa. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:20-CV-02322

  • Filing Date:

    12/01/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Racketeer Influenced & Corrupt Organizations Act

Judge Details

Presiding Judges

John J Tuchi

Diane J Humetewa

 

Party Details

Plaintiff

Norman Zwicky

Defendants

Stephen J Cloobeck

Kathy Wheeler

ILX Acquisition Incorporated

Unknown Parties

Diamond Resorts Management Incorporated

C Alan Bentley

David F Palmer

Troy Magdos

Linda Riddle

Diamond Resorts Incorporated

Diamond Resorts International

Diamond Resorts International Incorporated

Attorney/Law Firm Details

Plaintiff Attorneys

Jon Laurence Phelps

Attorney at Phelps Law Group

4045 E Union Hills Dr., Ste. 104A

Phoenix, AZ 85050

Edward Louis Barry

Attorney at Law Office of Edward L. Barry

2120 Company Street, Third Floor

Christiansted, VI 00820

Robert Martin Moore

Attorney at Law Offices of Phelps & Moore PLC

4045 E Union Hills Rd., Ste. A102

Phoenix, AZ 85050

Jennie Tetreault

Attorney at Law Offices of Phelps & Moore PLC

7430 E Butherus Dr., Ste. A

Scottsdale, AZ 85260

Defendant Attorneys

Andrew P Baum

Attorney at Glaser Weil Fink Howard Avchen & Shapiro LLP

10250 Constellation Blvd., 19Th Fl.

Los Angeles, CA 90067

James Christopher Golden

Attorney at Sacks Tierney PA

4250 N Drinkwater Blvd., 4Th Fl.

Scottsdale, AZ 85251-3647

Brian E Ditsch

Attorney at Sacks Tierney PA

4250 N Drinkwater Blvd., 4Th Fl.

Scottsdale, AZ 85251-3647

James W Armstrong

Attorney at Sacks Tierney PA

4250 N Drinkwater Blvd., 4Th Fl.

Scottsdale, AZ 85251-3647

Brandon T Crossland

200 S Orange Ave., Ste. 2300

Orlando, FL 32801

Yameel L Mercado Robles

Attorney at Baker & Hostetler LLP - Orlando, FL

200 S Orange Ave., Ste. 2300

Orlando, FL 32801

Julie Singer Brady

Attorney at Baker & Hostetler LLP - Orlando, FL

200 S Orange Ave., Ste. 2300

Orlando, FL 32801

Mark Andrew Fuller

Attorney at Gallagher & Kennedy PA

2575 E Camelback Rd., Ste. 1100

Phoenix, AZ 85016-9225

Hannah Hatch Porter

Attorney at Gallagher & Kennedy PA

2575 E Camelback Rd., Ste. 1100

Phoenix, AZ 85016-9225

Brandon Crossland

Attorney at Baker & Hostetler LLP - Orlando, FL

200 S Orange Ave., Ste. 2300

Orlando, FL 32801

 

Court Documents

#134

(#134) NOTICE of Errata re: #129 MOTION for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, Approval of Notice {Correction of mathematical error in proposed order, Doc.129-9] by Plaintiff Norman Zwicky.. (Barry, Edward) (Entered: 04/15/2022)

129 #9

Proposed Order Proposed Order

129 #8

Exhibit Superior Court Docs

129 #5

Exhibit Declarations of Phelps and Moore

129 #4

Exhibit Long Form Notice

129 #3

Exhibit Email Notice

129 #2

Exhibit Postcard Notice

129 #1

Exhibit Settlement Agreement

129 #129

Main Document

1 #9

Exhibit D

1 #8

Exhibit C-2

1 #7

Exhibit C-1

1 #6

Exhibit B

1 #5

Exhibit A-3

1 #3

Exhibit A-1

1 #2

Supplemental Cover Sheet

1 #1

Civil Cover Sheet

#1

193 More Documents Available

 

Docket Entries

  • 04/15/2022
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  • Docket(#134) NOTICE of Errata re: #129 MOTION for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, Approval of Notice {Correction of mathematical error in proposed order, Doc.129-9] by Plaintiff Norman Zwicky.. (Barry, Edward) (Entered: 04/15/2022)

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  • 04/14/2022
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  • Docket(#133) NOTICE of Errata re Unopposed Motion for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, Approval of Notice by Plaintiff Norman Zwicky.. (Tetreault, Jennie) (Entered: 04/14/2022)

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  • 04/14/2022
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  • Docket(#132) NOTICE of Errata re: #129 MOTION for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, Approval of Notice by Plaintiff Norman Zwicky.. (Attachments: #1 Exhibit Last Signature Page)(Tetreault, Jennie) (Entered: 04/14/2022)

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  • 04/14/2022
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  • Docket(#131) REPORT of Plaintiffs re status of final signature on settlement agreement re: #129 by Plaintiff Norman Zwicky. (Barry, Edward) (Entered: 04/14/2022)

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  • 04/08/2022
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  • Docket(#130) ORDER: The Court is receipt of Plaintiff's Motion for Leave to File Excess Pages (Doc. #128 ). IT IS ORDERED that the Motion is granted. The Clerk of Court shall kindly reflect as filed, the Unopposed Motion currently lodged at Doc. #129 . ORDERED by Judge Diane J Humetewa on 4/8/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 04/08/2022)

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  • 04/07/2022
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  • Docket(#129) *Unopposed MOTION for Preliminary Certification of Class for Settlement Purposes Only, Preliminary Approval of Settlement, Approval of Notice filed by Norman Zwicky. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Postcard Notice, #3 Exhibit Email Notice, #4 Exhibit Long Form Notice, #5 Exhibit Declarations of Phelps and Moore, #6 Exhibit Declaration of Barry, #7 Exhibit Infante Declaration, #8 Exhibit Superior Court Docs, #9 Proposed Order Proposed Order)(Phelps, Jon) *Modified on 4/8/2022 to reflect as filed. (LFIG) (Entered: 04/07/2022)

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  • 04/07/2022
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  • Docket(#128) MOTION for Leave to File Excess Pages by Norman Zwicky. (Attachments: #1 Proposed Order)(Phelps, Jon) (Entered: 04/07/2022)

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  • 03/25/2022
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  • Docket(#127) ORDER: Before the Court is Plaintiffs' unopposed Motion for Extension of Time to Submit Motion for Preliminary Approval of Settlement and for Further Stay of Proceedings (Third Request) (Doc. #126 ). For good cause showing, the Motion (Doc. #126 ) is granted. Plaintiff shall submit their Motion for Preliminary Approval of Settlement no later than April 7, 2022. ORDERED by Judge Diane J Humetewa on 3/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/25/2022)

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  • 03/24/2022
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  • Docket(#126) Third MOTION for Extension of Time to Submit Motion For Preliminary Approval of Settlement and for Futher Stay of Proceedings (Unopposed) by Norman Zwicky. (Phelps, Jon) (Entered: 03/24/2022)

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  • 03/02/2022
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  • Docket(#125) ORDER: The Court having considered the Second Joint Motion for Extension of Time for Plaintiffs to Submit Motion for Preliminary Approval of Settlement (Doc. #124 ) and for good case shown, IT IS HEREBY ORDERED that the parties' Second Joint Motion (Doc. #124 ) is granted. Plaintiffs shall have until March 24, 2022 to file a motion for preliminary approval of the settlement, and the current stay of proceedings is extended through that date. ORDERED by Judge Diane J Humetewa on 3/2/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/02/2022)

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115 More Docket Entries
  • 12/08/2020
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  • Docket(#9) STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Diamond Resorts Management Incorporated, ILX Acquisition Incorporated, Kathy Wheeler. (Attachments: #1 Text of Proposed Order)(Fuller, Mark) (Entered: 12/08/2020)

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  • 12/08/2020
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  • Docket(#8) NOTICE TO FILER OF DEFICIENCY re: #7 Notice of Change of Email Address Only (Attorney). Document not in compliance with LRCiv 7.1(a)(1) - Forms of Papers. Please note for future filings; Attorney filing information must be typed in upper left corner. Additionally, document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) (Entered: 12/08/2020)

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  • 12/07/2020
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  • Docket(#7) NOTICE OF ATTORNEY'S CHANGE OF EMAIL ADDRESS by Edward Louis Barry. (Barry, Edward) (Entered: 12/07/2020)

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  • 12/04/2020
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  • Docket(#6) ORDER OF RECUSAL. Case reassigned by random lot to Judge Diane J. Humetewa for all further proceedings. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-20-02322-PHX-DJH. Signed by Judge John J. Tuchi on 12/4/20. (NKS) (Entered: 12/04/2020)

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  • 12/03/2020
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  • Docket(#5) AMENDED Filing fee paid, receipt number CV-20-02322-PHX-JJT. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-20-02322-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. Amended to provide correct consent form.(BAC) (Entered: 12/03/2020)

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  • 12/01/2020
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  • Docket(#4) Filing fee paid, receipt number 0970-18933072. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-20-02322-PHX-JJT. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (BAC) (Entered: 12/02/2020)

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  • 12/01/2020
  • Docket***STATE COURT RECORDS RECEIED***SERVICE EXECUTED: Certificate of Service re: First Amended Action Complaint, Class Action Complaint, Certificate of Compulsory Arbitration upon Arizona Attorney General's Office and Diamond Resorts Incorporated on 11/16/20 (original filed in Maricopa County Superior Court on 11/17/20); (Unspecified documents) upon ILX Acquisition Incorporated on 11/19/20.(BAC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Entered: 12/02/2020)

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  • 12/01/2020
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  • Docket(#3) Corporate Disclosure Statement by ILX Acquisition Incorporated. (Fuller, Mark) (BAC) (Entered: 12/02/2020)

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  • 12/01/2020
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  • Docket(#2) Corporate Disclosure Statement by Diamond Resorts Management Incorporated. (Fuller, Mark) (BAC) (Entered: 12/02/2020)

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  • 12/01/2020
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  • Docket(#1) NOTICE OF REMOVAL from Maricopa County Superior Court, case number 20-010141. Filing fee received: $402.00, receipt number 0970-18933072 filed by ILX Acquisition Incorporated, Kathy Wheeler, Diamond Resorts Management Incorporated. (Fuller, Mark) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Cover Sheet, #3 Exhibit A-1, #4 Exhibit A-2, #5 Exhibit A-3, #6 Exhibit B, #7 Exhibit C-1, #8 Exhibit C-2, #9 Exhibit D)(BAC) (Entered: 12/02/2020)

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