United States District Court District of Nevada (Las...

US District Court Civil Docket as of 5/13/2011Retrieved from the court on July 8, 2011

United States District CourtDistrict of Nevada (Las Vegas)

CIVIL DOCKET FOR CASE #: 2:06-cv-00844-BES-RJJ

Gonon et al v. Sunterra Corporation Date Filed: 07/12/2006Assigned to: Judge Brian E. Sandoval Date Terminated: 02/10/2009Referred to: Magistrate Judge Robert J. Johnston Jury Demand: BothCause: 12:22 Securities Fraud Nature of Suit: 850

Securities/CommoditiesJurisdiction: Federal Question

Plaintiff

Richard Gonon represented by Mark AlbrightAlbright Stoddard Warnick &Albright801 South Rancho DriveSuite D-4Las Vegas, NV 89106(702) 384-7111Fax: (702) 384-0605Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Justin C. JonesHolland & Hart LLP3800 Howard Hughes ParkwayTenth FloorLas Vegas, NV 89169(702) 669-4600Fax: (702) 669-4650Email: [email protected] TO BE NOTICED

Plaintiff

Daniel Cash represented by Mark Albright(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Justin C. Jones(See above for address)

ATTORNEY TO BE NOTICED

Plaintiff

Patricia Sickles represented by Brian O. O'MaraCoughlin Stoia Geller Rudman &Robbins LLP655 W. BroadwaySuite 1900San Diego, CA 92101619-231-1058Fax: 619-231-7423Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Darren J. RobbinsCoughlin Stoia Geller Rudman &Robbins LLP655 West BroadwaySuite 1900San Diego, CA 92101(619) 231-1058Fax: (619) 231-7423Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

William S. LerachLerach Coughlin Stoia GellerRudman & Robbins LLP655 West Broadway, Suite 1900Suite 1900San Diego, CA 92101619-231-1058Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Arthur C. LeahyCoughlin, Stoia, Geller, Rudman &Robbins L655 West Broadway, Suite 1900San Diego, CA 92101619-231-1058Fax: 619-231-7423Email: [email protected] TO BE NOTICED

Ike Lawrence EpsteinLewis and Roca LLP3993 Howard Hughes Pkwy., Suite600Las Vegas, NV 89169Email: [email protected]: 10 /10 /2007

Justin C. Jones(See above for address)ATTORNEY TO BE NOTICED

Michael N FederGordon Silver3960 Howard Hughes Parkway9th FloorLas Vegas, NV 89169702-796-5555Fax: 702-369-2666Email: [email protected]: 10 /10 /2007

Plaintiff

Peter Kaltman represented by Jeffrey C ZwerlingZwerling Schachter & Zwerling, LLP41 Madison Avenue32nd FloorNew York, NY 10010(212) 223-3900Fax: (212) 371-5969TERMINATED: 11 /03 /2008LEAD ATTORNEYATTORNEY TO BE NOTICED

Mark Albright(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Patricia AveryWolf Popper LLP845 Third AvenueNew York, NY 10022212-759-4600Fax: 212-486-2093Email: [email protected]

LEAD ATTORNEYATTORNEY TO BE NOTICED

Richard A Speirs.41 madison Avenue32nd Floornew York, NY 10010212-223-3900Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Shaye J FuchsZwerling Schachter Zwerling, LLP41 Madison Avenue32nd FloorNew York, NY 10010(212) 223-3900Fax: (212) 371-5969TERMINATED: 11 /03 /200 8LEAD ATTORNEYATTORNEY TO BE NOTICED


Michael SchwartzWolf Popper LLP845 Third AvenueNew York, NY 10022(212) 759-4600Fax: (212) 486-2093TERMINATED: 10 /27 /200 8PRO HAC VICE

Plaintiff

City of Livonia Employees' represented by Arthur C. LeahyRetirement System (See above for address)



Matthew I. AlpertCoughlin Stoia Geller Rudman &Robbins LLP655 West BroadwaySan Diego, CA 92101619-231-1058Fax: 619-231-7423Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Joy BullCoughlin Stoia Geller Rudman &Robbins LLP655 West Broadway, Suite 1900San Diego, CA 92101619-231-1058Email: [email protected] TO BE NOTICED


Plaintiff

City of Pontiac General Employees' represented by Arthur C. LeahyRetirement System (See above for address)



Matthew I. Alpert(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Joy Bull(See above for address)ATTORNEY TO BE NOTICED

Justin C. Jones(See above for address)


V.

Movant

Employees' Retirement Group represented by Arthur C. Leahy(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Brian O. O'Mara(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Joy Ann BullCoughlin Stoia Geller Rudman &Robbins LLP655 West BroadwaySuite 1900San Diego, CA 92101619-231-1058Email: [email protected] ATTORNEYPRO HAC VICEATTORNEY TO BE NOTICED


Matthew I. Alpert(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Ramzi AbadouKessler Topaz Meltzer & Check, LLP580 California StreetSuite 1750San Francisco, CA 94104415-400-3000Fax: 415-400-3001Email: [email protected] ATTORNEYPRO HAC VICE


Shannon M. MateraCoughlin Stoia Geller Rudman &Robbins LLP655 West BroadwaySuite 1900San Diego, CA 92101619-231-1058Fax: 619-231-7423Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Ike Lawrence Epstein(See above for address)TERMINATED: 10 / 10 /2007

Michael N Feder(See above for address)TERMINATED: 10 / 10 /2007

V.

Defendant

Sunterra Corporation represented by Erin Danielle EckolsWeil, Goshal & Manges LLP200 Crescent CourtSuite 300Dallas, TX 75201(214) 746-7700Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

J. Stephen PeekHolland & Hart, LLP3800 Howard Hughes Parkway10th FloorLas Vegas, NV 89169702-669-4600Fax: 702-669-4650Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Miranda S. Schiller

Weil, Gotshal & Manges LLP767 Fifth AvenueNew York, NY 10153212-310-8000Fax: 212-310-8007Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Vance L. BeaglesWeil, Gotshal & Manges LLP200 Crescent CourtDallas, TX 75201214-746-7700Fax: 214-746-7777Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Yolanda C. GarciaWeil, Gotshal & Manges LLP200 Crescent CourtDallas, TX 75201214-746-7700Fax: 214-746-7777Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED


Defendant

Nicholas J. Benson represented by Bruce W CollinsCarrington, Coleman, Sloman &Blumenthal, L.L.P.901 Main StreetSuite 5500Dallas, TX 75202214-855-3018Fax: 214-758-3718Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Shelbi L Barnhouse

Carrington, Coleman, Sloman &Blumenthal, L.L.P.901 Main Street, Suite 5500Dallas, TX 75202214-855-3062Fax: 214-758-3795Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED


Will KempHarrison, Kemp & Jones, Chtd.3800 Howard Hughes Parkway17th FloorLas Vegas, NV 89169-Email: [email protected] TO BE NOTICED

Defendant

Geoffrey I. Bruce represented by J. Stephen Peek(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

David Gubbay represented by Erin Danielle Eckols(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

J. Stephen Peek(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Miranda S. Schiller(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Vance L. Beagles(See above for address)LEAD ATTORNEY


Yolanda C. Garcia(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED


Defendant

David R. Harris represented by J. Stephen Peek(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED


Defendant

Robert A. Krawczyk represented by Erin Danielle Eckols(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



Vance L. Beagles(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



Defendant

Olof S. Nelson represented by Erin Danielle Eckols(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



Vance L. Beagles(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



Defendant

Steven E. West represented by Erin W. SheehyDebevoise & Plimpton, LLP555 13th Street, NWWashington, DC 20004(202) 383-8000Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

John L ThorndalThorndal, Armstrong, Delk,Balkenbush & Eisinger

1100 E. Bridger AveP.O. Drawer 2070Las Vegas, NV 89125-2070702-366-0622Fax: 702-366-0327Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Scott N. AubyDebevoise & Plimpton LLP555 13th Street, N.W.Washington, DC 20004(202) 383-8000Fax: (202) 383-9237Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

W. Neil EgglestonDebevoise & Plimpton, LLP555 13th Street, NWWashington, DC 20004(202) 383-8000Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

James J. Jackson.P.O. Drawer 2070Las Vegas, NV 89125-2070-702-366-0622Fax: 702-366-0327Email: [email protected] TO BE NOTICED


Defendant

James H. Dickerson, Jr. represented by J. Stephen Peek(See above for address)ATTORNEY TO BE NOTICED

Defendant

Charles F. Willes represented by J. Stephen Peek(See above for address)ATTORNEY TO BE NOTICED

Defendant

Joseph Jacobs represented by J. Stephen Peek(See above for address)ATTORNEY TO BE NOTICED

Defendant

Frederick Simon represented by J. Stephen Peek(See above for address)ATTORNEY TO BE NOTICED

Defendant

Bradford Whitmore represented by J. Stephen Peek(See above for address)ATTORNEY TO BE NOTICED

Defendant

J. Taylor Crandall represented by J. Stephen Peek(See above for address)ATTORNEY TO BE NOTICED

Defendant

James A. Weissenborn represented by J. Stephen Peek(See above for address)ATTORNEY TO BE NOTICED

Defendant

Diamond Resorts, LLC represented by Justin C. JonesTERMINATED: 11/01/2007 (See above for address)


Defendant

DRS Acquisition Corp. represented by Justin C. JonesTERMINATED: 11/01/2007 (See above for address)


Defendant

DR Resort Holdings, LLC represented by Justin C. JonesTERMINATED: 11/01/2007 (See above for address)


Date Filed # Docket Text

07/12/2006 1 COMPLAINT against all defendants (Filing fee $ 350 receipt number276594), filed by Richard Gonan, Daniel Cash. Certificate of InterestedParties due by 7/22/2006. (Attachments: # 1 Civil Cover Sheet # 2Summons Sunterra Corporation)(Albright, Mark) (Entered: 07/12/2006)

07/12/2006 Case assigned to Judge Brian E. Sandoval and Robert J. Johnston. (GEW)(Entered: 07/12/2006)

07/12/2006 2 SUMMONS Issued as to Geoffrey I. Bruce, David Gubbay, David R.Harris, Robert A. Krawczyk, Olof S. Nelson, Steven E. West, SunterraCorporation, Nicholas J. benson. (GEW) (Entered: 07/12/2006)

07/23/2006 3 ERROR: Attorney refiled summons to be issued. PROPOSEDSUMMONS to be issued for Nicholas J. Benson, filed by Plaintiff RichardGonan. (Albright, Mark) Modified on 7/25/2006 to correct entry (GEW).(Entered: 07/23/2006)

07/23/2006 4 ERROR: Attorney refiled summons to be issued. Modified on 7/25/2006to correct entry (GEW). (Entered: 07/23/2006)

07/25/2006 5 NOTICE of Corrected Image/Document re 3 Proposed Summons to beissued, 4 Proposed Summons to be issued,. (Service of corrected image isattached). (Albright, Mark) (Entered: 07/25/2006)

07/25/2006 6 SUMMONS Issued as to Geoffrey I. Bruce, David Gubbay, David R.Harris, Robert A. Krawczyk, Steven E. West, Nicholas J. Benson.(Attachments: # 1 Summons issued to Steven West# 2 Index issued toRobert Krawczyk# 3 Summons issued to David Harris# 4 Summonsissued to Geoffrey Bruce# 5 Summons issued to David Gubbay)(GEW)(Entered: 07/25/2006)

09/11/2006 7 NOTICE by Plaintiff Richard Gonon of Motion to Consolidate RelatedActions, Appoint Richard Gonan As Lead Plaintiff, And For Approval ofLead Plaintiff's Selection of Counsel (Albright, Mark) (Entered:09/11/2006)

09/11/2006 8 MOTION to Consolidate Cases and Memorandum of Points AndAuthorities In Support of Motion To Consolidate Related Actions, AppointRichard Gonan As Lead Plaintiff And For Approval Of Lead Plaintiff'sSelection of Counsel by Plaintiff Richard Gonon. Responses due by9/29/2006. (Albright, Mark) Additional attachment(s) added on 9/13/2006(GEW, ). (Entered: 09/11/2006)

09/11/2006 9 DECLARATION of G. Mark Albright In Support of Motion toConsolidate Related Actions, Appoint Richard Gonan As Lead Plaintiff,And For Approval of Lead Plaintiff's Selection of Counsel by PlaintiffRichard Gonon. (Albright, Mark) (Entered: 09/11/2006)

09/11/2006 10 ERROR: Document should have been filed as attachment to motion #8.Attorney notified by email. Attached to motion by Court. Modified on

9/13/2006 (GEW). (Entered: 09/11/2006)

09/11/2006 11 MOTION to Consolidate Cases and Appoint the Employees' RetirementGroup as Lead Plaintiff and Memorandum of Points and Authorities inSupport Thereof. Responses due by 9/29/2006. (Attachments: # 1Declaration of Brian O. O'Mara (Part 1, Ex. A-C)# 2 O'Mara Decl. (Part 2,Ex D)# 3 O'Mara Decl. (Part 3, Ex. D, cont.)# 4 Proposed Order)(O'Mara,Brian) (Entered: 09/11/2006)

09/11/2006 NOTICE of Docket Correction to 10 Proposed Order Submission:Document should have been filed as attachment to motion #8. Attorneynotified by email. Attached to motion by Court. (no imageattached)(GEW) (Entered: 09/13/2006)

09/12/2006 12 NOTICE by Plaintiff Richard Gonon Certificate of Service (Albright,Mark) (Entered: 09/12/2006)

09/12/2006 13 CERTIFICATE OF SERVICE by Plaintiff Richard Gonon. Of SummonsAnd Complaint Upon Sunterra Corporation (Albright, Mark) (Entered:09/12/2006)

09/26/2006 14 RESPONSE to 11 MOTION to Consolidate Cases and Appoint theEmployees' Retirement Group as Lead Plaintiff and Memorandum ofPoints and Authorities in Support Thereof; filed by Plaintiff RichardGonon. Replies due by 10/10/2006. (Albright, Mark) (Entered:09/26/2006)

09/29/2006 15 RESPONSE to 8 MOTION to Consolidate Cases and Memorandum ofPoints And Authorities In Support of Motion To Consolidate RelatedActions, Appoint Richard Gonan As Lead Plaintiff And For Approval OfLead Plaintiff's Selection of Counsel; filed by Movant Employees'Retirement Group. [Certificate of Service Attached] (O'Mara, Brian)(Entered: 09/29/2006)

10/04/2006 16 NOTICE by Movant Employees' Retirement Group of Related Cases(O'Mara, Brian) (Entered: 10/04/2006)

10/10/2006 17 STIPULATION And Order Continuing Defendant Sunterra Corporation'by Plaintiff Richard Gonon, Defendant Sunterra Corporation. (Albright,Mark) (Entered: 10/10/2006)

10/13/2006 18 Ex Parte MOTION for Service by Publication upon Defendant Steven E.West by Plaintiff Richard Gonon. (Attachments: # 1 ProposedOrder)(Epstein, Ike) (Entered: 10/13/2006)

10/13/2006 19 REPLY filed by Movant Employees' Retirement Group re 11 MOTION toConsolidate Cases and Appoint the Employees' Retirement Group as LeadPlaintiff and Memorandum of Points and Authorities in Support Thereof, 8MOTION to Consolidate Cases and Memorandum of Points AndAuthorities In Support of Motion To Consolidate Related Actions, Appoint

Richard Gonan As Lead Plaintiff And For Approval Of Lead Plaintiff'sSelection of Counsel. [Certificate of Service Attached] (Attachments: # 1Exhibit 1)(O'Mara, Brian) Modified on 10/20/2006 to correct entry(GEW). (Entered: 10/13/2006)

10/20/2006 20 ORDER ON STIPULATION re 17 Stipulation for time to answer, moveto dismiss, or otherwise respond to a consolidated complaint. Response toConsolidated Complaint due 60 days after Consolidated Complaint isserved. Signed by Judge Brian E. Sandoval on 10/19/06. (AXM) (Entered:10/20/2006)

10/20/2006 21 ORDER denying without prejudice 18 Motion for Service by Publicationfor failure to comply fully with the rules of procedure. Signed by JudgeRobert J. Johnston on 10/20/2006. (MXS ) (Entered: 10/20/2006)

10/23/2006 22 MOTION for Hearing REQUEST FOR ORAL ARGUMENT ON THEEMPLOYEES' RETIREMENT GROUP'S MOTION FORCONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF ANDAPPROVAL OF LEAD PLAINTIFF'S SELECTION OF LEAD ANDLIAISON COUNSEL by Movant Employees' Retirement Group.(Attachments: # 1 Proposed Order)(O'Mara, Brian) (Entered: 10/23/2006)

04/13/2007 23 NOTICE of intent to dismiss pursuant to FRCP 4(m). No proper proof ofservice has been filed as to All defendants. FRCP 4(m) dismissal deadlineset for 5/14/2007. (GEW) (Entered: 04/13/2007)

04/27/2007 24 RESPONSE to 11 MOTION to Consolidate Cases and Appoint theEmployees' Retirement Group as Lead Plaintiff and Memorandum ofPoints and Authorities in Support Thereof; Notice of SupplementalAuthority in Support of the Employees' Retirement Group's Motion forAppointment as Lead Plaintiff filed by Plaintiff Richard Gonon. (Feder,Michael) (Entered: 04/27/2007)

06/04/2007 25 MINUTE ORDER IN CHAMBERS of the Honorable Brian E. Sandoval,U.S. District Judge, on 6/4/2007. By Deputy Clerk: Marti Campbell. IT ISORDERED that the 22 MOTION for Hearing REQUEST FOR ORALARGUMENT ON THE EMPLOYEES' RETIREMENT GROUP'S MOTIONFOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF ANDAPPROVAL OF LEAD PLAINTIFF'S SELECTION OF LEAD ANDLIAISON COUNSEL is GRANTED. Therefore, IT IS ORDERED that aMotions Hearing is scheduled for Friday, 6/22/2007 1:30 PM in LVbefore Judge Brian E. Sandoval RE: 8 MOTION to Consolidate Cases andMemorandum of Points And Authorities In Support of Motion ToConsolidate Related Actions, Appoint Richard Gonan As Lead PlaintiffAnd For Approval Of Lead Plaintiff's Selection of Counsel, and 11MOTION to Consolidate Cases and Appoint the Employees' RetirementGroup as Lead Plaintiff and Memorandum of Points and Authorities inSupport Thereof. (no image attached) (MLC) (Entered: 06/04/2007)

06/11/2007 26 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel submitted by attorney Ramzi Abadou,(Filing fee $ 175 receipt number 586432) by Movant Employees'Retirement Group. (Feder, Michael) (Entered: 06/11/2007)

06/11/2007 27 ORDER Granting 26 Verified Petition for Permission to Practice Pro HacVice for Attorney Ramzi Abadou for Employees' Retirement Group andapproving Designation of Local Counsel. Signed by Judge Brian E.Sandoval on 6/11/07. (AXM,) (Entered: 06/13/2007)

06/14/2007 28 MINUTE ORDER IN CHAMBERS of the Honorable Brian E. Sandoval,U.S. District Judge,on 6/14/2007. By Deputy Clerk: Marti Campbell. RE:8 MOTION to Consolidate Cases and Memorandum of Points AndAuthorities In Support of Motion To Consolidate Related Actions, AppointRichard Gonan As Lead Plaintiff And For Approval Of Lead Plaintiff'sSelection of Counsel, 11 MOTION to Consolidate Cases and Appoint theEmployees' Retirement Group as Lead Plaintiff and Memorandum ofPoints and Authorities in Support Thereof IT IS ORDERED that themotions hearing scheduled for Friday, June 22, 2007, at 1:30 PM hasbeen ADVANCED to 12:00 noon (same date). Motions Hearing set for6/22/2007 12:00 PM in LV Courtroom 4B before Judge Brian E.Sandoval. (no image attached) (MLC) (Entered: 06/14/2007)

06/18/2007 29 NOTICE of Appearance by attorney J. S Peek on behalf of DefendantsGeoffrey I. Bruce, David Gubbay, David R. Harris, Robert A. Krawczyk,Olof S. Nelson, Sunterra Corporation. (Peek, J.) (Entered: 06/18/2007)

06/22/2007 30 ORDER to Consolidate granting 8 MOTION to Consolidate Cases andMemorandum of Points And Authorities In Support of Motion ToConsolidate Related Actions, Appoint Richard Gonan As Lead PlaintiffAnd For Approval Of Lead Plaintiff's Selection of Counsel filed byRichard Gonon, ; Ord that 2:06-CV-00877-KJD-PAL and 2:06-CV-00894-RLH-RJJ are consolidated under 2:06-CV-00844-BES-RJJ. Signedby Judge Brian E. Sandoval on 6/22/07. (Copies have been distributedpursuant to the NEF - AAB) (Entered: 06/22/2007)

06/22/2007 31 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/22/2007before Judge Brian E. Sandoval. Crtrm Administrator: Marti Campbell;Pla Counsel: Ramzi Abadou, Arthur Leaty, Michael Feder, Patricia Avery,Richard Speirs, and Martin Muckleroy. ; Def Counsel: Stephen Peek andWill Kemp. Def. Counsel: Telephonically: Adrian Azer and MirandaSchiller. ; Court Reporter/FTR #: Margaret Griener; Time of Hearing:12:30 PM - 1:00 PM. RE: 11 MOTION to Consolidate Cases and Appointthe Employees' Retirement Group as Lead Plaintiff and Memorandum ofPoints and Authorities in Support Thereof filed by Employees' RetirementGroup,, 8 MOTION to Consolidate Cases and Memorandum of PointsAnd Authorities In Support of Motion To Consolidate Related Actions,Appoint Richard Gonan As Lead Plaintiff And For Approval Of Lead

Plaintiff's Selection of Counsel filed by Richard Gonon. Counsel addressthe Court regarding above motions. Said motions are GRANTED.Separate Order to enter. (no image attached) (Copies have beendistributed pursuant to the NEF - MLC) (Entered: 06/25/2007)

07/12/2007 32 TRANSCRIPT of Proceedings: 31 Motion Hearing, held on June 22, 2007before Judge Brian E. Sandoval. Court Reporter: Margaret Griener. (noimage attached) (JW ) (Entered: 07/13/2007)

07/16/2007 33 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel submitted by attorney Arthur C. Leahy,(Filing fee $ 175 receipt number 615926) by Movant Employees'Retirement Group. (Epstein, Ike) (Entered: 07/16/2007)

07/16/2007 34 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel submitted by attorney ShannonMcKenna, (Filing fee $ 175 receipt number 615958) by MovantEmployees' Retirement Group. (Epstein, Ike) (Entered: 07/16/2007)

07/16/2007 35 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel submitted by attorney Shelbi L.Barnhouse, (Filing fee $ 175 receipt number 616521) by DefendantNicholas J. Benson. (Kemp, Will) (Entered: 07/16/2007)

07/16/2007 36 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel submitted by attorney Bruce WilliamCollins, (Filing fee $ 175 receipt number 616553) by Defendant NicholasJ. Benson. (Kemp, Will) (Entered: 07/16/2007)

07/19/2007 37 ORDER granting 33 Verified Petition for Permission to Practice Pro HacVice for Attorney Arthur C. Leahy for Employees' Retirement Group andapproving Designation of Local Counsel. Signed by Judge Brian E.Sandoval on 7/18/07. (Copies have been distributed pursuant to the NEF -AXM) (Entered: 07/19/2007)

07/19/2007 38 ORDER granting 34 Verified Petition for Permission to Practice Pro HacVice for Attorney Shannon McKenna for Employees' Retirement Groupand approving Designation of Local Counsel. Signed by Judge Brian E.Sandoval on 7/18/07. (Copies have been distributed pursuant to the NEF -AXM) (Entered: 07/19/2007)

07/19/2007 39 ORDER granting 35 Verified Petition for Permission to Practice Pro HacVice for Attorney Shelbi L. Barnhouse for Nicholas J. Benson andapproving Designation of Local Counsel. Signed by Judge Brian E.Sandoval on 7/18/07. (Copies have been distributed pursuant to the NEF -AXM) (Entered: 07/19/2007)

07/19/2007 40 ORDER granting 36 Verified Petition for Permission to Practice Pro HacVice for Attorney Bruce W. Collins for Nicholas J. Benson and approvingDesignation of Local Counsel. Signed by Judge Brian E. Sandoval on

7/18/07. (Copies have been distributed pursuant to the NEF - AXM)(Entered: 07/19/2007)

08/01/2007 41 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel J. Stephen Peek submitted by attorneyErin Danielle Eckols, (Filing fee $ 175 receipt number 631316) byDefendants David Gubbay, Robert A. Krawczyk, Olof S. Nelson, SunterraCorporation. (Peek, J.) (Entered: 08/01/2007)

08/01/2007 42 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel J. Stephen Peek submitted by attorneyVance L. Beagles, (Filing fee $ 175 receipt number 631344) byDefendants David Gubbay, Robert A. Krawczyk, Olof S. Nelson, JamesH. Dickerson, Jr., Charles F. Willes, Joseph Jacobs, Frederick Simon,Bradford Whitmore, J. Taylor Crandall, James A. Weissenborn, SunterraCorporation. (Peek, J.) (Entered: 08/01/2007)

08/01/2007 43 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel J. Stephen Peek submitted by attorneyYolanda Cornejo Garcia, (Filing fee $ 175 receipt number 631360) byDefendants David Gubbay, Robert A. Krawczyk, Olof S. Nelson, JamesH. Dickerson, Jr., Charles F. Willes, Joseph Jacobs, Frederick Simon,Bradford Whitmore, J. Taylor Crandall, James A. Weissenborn, SunterraCorporation. (Peek, J.) (Entered: 08/01/2007)

08/01/2007 44 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel J. Stephen Peek submitted by attorneyMiranda S. Schiller, (Filing fee $ 175 receipt number 631370) byDefendants David Gubbay, Robert A. Krawczyk, Olof S. Nelson, JamesH. Dickerson, Jr., Charles F. Willes, Joseph Jacobs, Frederick Simon,Bradford Whitmore, J. Taylor Crandall, James A. Weissenborn, SunterraCorporation. (Peek, J.) (Entered: 08/01/2007)

08/03/2007 45 ORDER granting 41 Verified Petition for Permission to Practice Pro HacVice for Attorney Erin Danielle Eckols for David Gubbay and Robert A.Krawczyk and approving Designation of Local Counsel. Signed by JudgeBrian E. Sandoval on 8/2/07. (Copies have been distributed pursuant to theNEF - ASB) (Entered: 08/06/2007)

08/03/2007 46 ORDER granting 42 Verified Petition for Permission to Practice Pro HacVice for Attorney Vance L. Beagles for David Gubbay, Olof S. Nelson,Sunterra Corporation and Robert A. Krawczyk and approving Designationof Local Counsel. Signed by Judge Brian E. Sandoval on 8/2/07. (Copieshave been distributed pursuant to the NEF - ASB) (Entered: 08/06/2007)

08/03/2007 47 ORDER granting 43 Verified Petition for Permission to Practice Pro HacVice for Attorney Yolanda Cornejo Garcia for David Gubbay, Olof S.Nelson, Sunterra Corporation and Robert A. Krawczyk and approvingDesignation of Local Counsel. Signed by Judge Brian E. Sandoval on

8/2/07. (Copies have been distributed pursuant to the NEF - ASB)(Entered: 08/06/2007)

08/03/2007 48 ORDER granting 44 Verified Petition for Permission to Practice Pro HacVice for Attorney Miranda S. Schiller for David Gubbay, Olof S. Nelson,Sunterra Corporation and Robert A. Krawczyk and approving Designationof Local Counsel. Signed by Judge Brian E. Sandoval on 8/2/07. (Copieshave been distributed pursuant to the NEF - ASB) (Entered: 08/06/2007)

08/21/2007 49 AMENDED COMPLAINT CONSOLIDATED COMPLAINT FORVIOLATIONS OF THE FEDERAL SECURITIES LAWS with JuryDemand against all defendants, filed by City of Livonia Employees'Retirement System, City of Pontiac General Employees' RetirementSystem. Adds new parties. Proof of service due by 12/19/2007.(Attachments: # 1 Summons Diamond Resorts, LLC# 2 Summons DRSAcquisition Corp.# 3 Summons DRS Resort Holdings LLC)(Leahy,Arthur) (Entered: 08/21/2007)

08/22/2007 50 Summons Issued as to Diamond Resorts, LLC. (MAJ) (Entered:08/22/2007)

08/22/2007 51 Summons Issued as to DRS Acquisition Corp. (MAJ) (Entered:08/22/2007)

08/22/2007 52 Summons Issued as to DR Resort Holdings, LLC. (MAJ) (Entered:08/22/2007)

08/27/2007 53 NOTICE of Appearance by attorney James J. Jackson on behalf ofDefendant Steven E. West. (Jackson, James) (Entered: 08/27/2007)

08/31/2007 54 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel submitted by attorney W. NeilEggleston, (Filing fee $ 175 receipt number 660040) by Defendant StevenE. West. (Jackson, James) (Entered: 08/31/2007)

08/31/2007 55 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel submitted by attorney Erin W. Sheehy,(Filing fee $ 175 receipt number 660085) by Defendant Steven E. West.(Jackson, James) (Entered: 08/31/2007)

08/31/2007 56 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel submitted by attorney Scott N. Auby,(Filing fee $ 175 receipt number 660105) by Defendant Steven E. West.(Jackson, James) (Entered: 08/31/2007)

09/05/2007 59 ORDER granting 54 Verified Petition for Permission to Practice Pro HacVice for Attorney W. Neil Eggleston for Steven E. West and approvingDesignation of Local Counsel. Signed by Judge Brian E. Sandoval on9/4/07. (Copies have been distributed pursuant to the NEF - AXM)(Entered: 09/07/2007)

09/05/2007 60 ORDER granting 55 Verified Petition for Permission to Practice Pro HacVice for Attorney Erin W. Sheehy for Steven E. West and approvingDesignation of Local Counsel. Signed by Judge Brian E. Sandoval on9/4/07. (Copies have been distributed pursuant to the NEF - AXM)(Entered: 09/07/2007)

09/05/2007 61 ORDER granting 56 Verified Petition for Permission to Practice Pro HacVice for Attorney Scott N. Auby for Steven E. West and approvingDesignation of Local Counsel. Signed by Judge Brian E. Sandoval on9/4/07. (Copies have been distributed pursuant to the NEF - AXM)(Entered: 09/07/2007)

09/06/2007 NOTICE of Docket Correction to 58 Notice (Other), 57 Notice (Other);ERROR: Wrong event selected; CORRECTION: Attorney Mark Albrightadvised to file PDF as "Motion for Substitution of Attorney". (no imageattached)(MAJ) (Entered: 09/14/2007)

09/12/2007 62 NOTICE by Plaintiff Patricia Sickles of Firm Name Change (Leahy,Arthur) (Entered: 09/12/2007)

09/17/2007 63 MOTION to Substitute Attorney by Plaintiff City of Livonia Employees'Retirement System. (Albright, Mark) (Entered: 09/17/2007)

09/17/2007 64 MOTION to Substitute Attorney by Plaintiff City of Pontiac GeneralEmployees' Retirement System. (Albright, Mark) (Entered: 09/17/2007)

09/18/2007 65 SUGGESTION OF DEATH Upon the Record as to Plaintiff PatriciaSickles by Plaintiff Patricia Sickles. (Leahy, Arthur) (Entered:09/18/2007)

09/20/2007 66 SUMMONS Returned Executed by Plaintiffs City of Livonia Employees'Retirement System, City of Pontiac General Employees' RetirementSystem, Defendant DR Resort Holdings, LLC. DR Resort Holdings, LLCserved on 9/11/2007, answer due 10/1/2007. (Leahy, Arthur) (Entered:09/20/2007)

09/20/2007 67 SUMMONS Returned Executed by Plaintiffs City of Livonia Employees'Retirement System, City of Pontiac General Employees' RetirementSystem, Defendant Diamond Resorts, LLC. Diamond Resorts, LLC servedon 9/11/2007, answer due 10/1/2007. (Leahy, Arthur) (Entered:09/20/2007)

10/02/2007 69 STIPULATION and Order Regarding Time to Answer or OtherwiseRespond to Plaintiffs' Consolidated Complaint and Page Limits filed byDefendant Sunterra Corporation Stipulation (Jones, Justin) (MAJ)(Entered: 10/04/2007)

10/02/2007 NOTICE of Docket Correction to 68 Proposed Order Submission;ERROR: Wrong event selected; CORRECTION: PDF re-filed as 69Stipulation. (no image attached) (MAJ) (Entered: 10/04/2007)

10/10/2007 70 ORDER granting 63 Motion to Substitute Attorney. Signed by JudgeRobert J. Johnston on 10/10/2007. (Copies have been distributed pursuantto the NEF - MXS) (Entered: 10/10/2007)

10/10/2007 71 ORDER granting 64 Motion to Substitute Attorney. Signed by JudgeRobert J. Johnston on 10/10/2007. (Copies have been distributed pursuantto the NEF - MXS) (Entered: 10/10/2007)

10/10/2007 72 ORDER GRANTING 69 Stipulation Regarding Time to Answer orOtherwise Respond to Plaintiffs' Consolidated Complaint and PageLimits. Signed by Judge Robert J. Johnston on 10/10/2007. (Copies havebeen distributed pursuant to the NEF - MXS) (Entered: 10/10/2007)

10/11/2007 73 WAIVER OF SERVICE Returned Executed by Plaintiffs City of LivoniaEmployees' Retirement System, City of Pontiac General Employees'Retirement System, Defendant DRS Acquisition Corp.. DRS AcquisitionCorp. waiver sent on 10/4/2007, answer due 12/3/2007. (Leahy, Arthur)(Entered: 10/11/2007)

10/11/2007 74 ORDER ON STIPULATION granting 69 Stipulation for time torespond/answer complaint. Signed by Judge Brian E. Sandoval on10/9/07. (Copies have been distributed pursuant to the NEF - AXM)(Entered: 10/11/2007)

11/01/2007 75 VERIFIED PETITION for Permission to Practice Pro Hac Vice andDESIGNATION of Local Counsel submitted by attorney Matthew IAlpert, (Filing fee $ 175 receipt number 713633) by Movant Employees'Retirement Group. (Albright, Mark) (Entered: 11 /01 /2007)

11/01/2007 76 NOTICE of Voluntary Dismissal by Plaintiffs City of Livonia Employees'Retirement System, City of Pontiac General Employees' RetirementSystem. AS TO DEFENDANTS DRS ACQUISITION CORP., DR RESORTHOLDINGS, LLC AND DIAMOND RESORTS, LLC WITHOUTPREJUDICE (Leahy, Arthur) (Entered: 11/01/2007)

11/02/2007 77 WITHDRAWN per 120 Order MOTION to Dismiss by DefendantSunterra Corporation. Responses due by 11/20/2007. (Jones, Justin)Modified on 9/19/2008 (SRK). (Entered: 11/02/2007)

11/02/2007 78 APPENDIX in Support of Defendant Sunterra Corporation's Motion toDismiss (Part 1 of 4) to 77 MOTION to Dismiss ; filed by DefendantSunterra Corporation. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit3-1# 4 Exhibit 3-2# 5 Exhibit 3-3# 6 Exhibit 3-4# 7 Exhibit 4-5# 8 Exhibit6-7# 9 Exhibit 8-9)(Jones, Justin) (Entered: 11/02/2007)

11/02/2007 79 CERTIFICATE of Interested Parties by Defendant Sunterra Corporation.There are no known interested parties other than those participating in thecase Defendant Sunterra Corporation's Rule 7.1 Disclosure Statement.(Jones, Justin) (Entered: 11/02/2007)

11/02/2007 80 APPENDIX in Support of Defendant Sunterra Corporation's Motion toDismiss (Part 2 of 4) to 77 MOTION to Dismiss ; filed by DefendantSunterra Corporation. (Attachments: # 1 Exhibit 10-1# 2 Exhibit 10-2# 3Exhibit 10-3# 4 Exhibit 11-13)(Jones, Justin) (Entered: 11/02/2007)

11/02/2007 81 APPENDIX in Support of Defendant Sunterra Corporation's Motion toDismiss (Part of 3 of 4) to 77 MOTION to Dismiss ; filed by DefendantSunterra Corporation. (Attachments: # 1 Exhibit 14-1# 2 Exhibit 14-2# 3Exhibit 14-3# 4 Exhibit 14-4# 5 Exhibit 14-5# 6 Exhibit 15# 7 Exhibit 16#8 Exhibit 17# 9 Exhibit 18# 10 Exhibit 19-22# 11 Exhibit 23)(Jones,Justin) (Entered: 11/02/2007)

11/02/2007 82 APPENDIX in Support of Defendant Sunterra Corporation's Motion toDismiss (Part 4 of 4) to 77 MOTION to Dismiss ; filed by DefendantSunterra Corporation. (Attachments: # 1 Exhibit 24-25# 2 Exhibit 26-27#3 Exhibit 28-29# 4 Exhibit 30-31# 5 Exhibit 32-33# 6 Exhibit 34-35# 7Exhibit 36-37# 8 Exhibit 38-39# 9 Exhibit 40)(Jones, Justin) (Entered:11/02/2007)

11/06/2007 83 ORDER Granting 75 Verified Petition for Permission to Practice Pro HacVice for Attorney Matthew I. Alpert for City of Livonia Employees'Retirement System and City of Pontiac General Employees' RetirementSystem and Approving Designation of Local Counsel. Signed by JudgeBrian E. Sandoval on 11/06/07. (Copies have been distributed pursuant tothe NEF - SRK) (Entered: 11/08/2007)

11/09/2007 84 WITHDRAWN per 120 Order MOTION to Dismiss by DefendantNicholas J. Benson. Responses due by 11/27/2007. (Kemp, Will)Modified on 9/19/2008 (SRK). (Entered: 11/09/2007)

11/09/2007 85 APPENDIX to 84 MOTION to Dismiss ; filed by Defendant Nicholas J.Benson. (Kemp, Will) (Entered: 11/09/2007)

11/09/2007 86 CERTIFICATE of Interested Parties by Defendant Nicholas J. Benson.There are no known interested parties other than those participating in thecase. (Kemp, Will) (Entered: 11/09/2007)

11/09/2007 87 WITHDRAWN per 120 Order First MOTION to Dismiss filed byDefendant Steven E. West. Responses due by 11/27/2007. (Jackson,James) Modified on 9/19/2008 (SRK). (Entered: 11/09/2007)

11/09/2007 88 First DECLARATION of Erin W. Sheehy re 87 First MOTION toDismiss filed ; filed by Defendant Steven E. West. (Attachments: # 1 # 2 #3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12)(Jackson, James) (Entered:11/09/2007)

12/20/2007 89 STIPULATION (Second) and [Proposed] Order Regarding Time toAnswer or Otherwise Respond to Plaintiffs' Consolidated Complaint andPage Limits by Plaintiffs City of Livonia Employees' Retirement System,City of Pontiac General Employees' Retirement System. (Leahy, Arthur)

(Entered: 12/20/2007)

12/28/2007 90 ORDER granting 89 Stipulation Regarding Time to Answer or OtherwiseRespond to Plaintiffs' Consolidated Complaint and Page Limits. See Orderfor specific details. Signed by Judge Robert J. Johnston on 12/28/2007.(Copies have been distributed pursuant to the NEF - MXS) (Entered:12/28/2007)

02/27/2008 91 STIPULATION Third Stipulation and [Proposed] Order Regarding Timeto Answer or Otherwise Respond to Plaintiffs' Consolidated Complaintand Page Limits by Plaintiffs City of Livonia Employees' RetirementSystem, City of Pontiac General Employees' Retirement System. (Leahy,Arthur) (Entered: 02/27/2008)

02/28/2008 92 ORDER ON STIPULATION granting 91 Stipulation to ContinueDeadlines re: 77 MOTION to Dismiss, 84 MOTION to Dismiss, and 87MOTION to Dismiss. (Response to all motions due by 4/15/2008. Repliesto 77 due by 5/23/2008, Replies to 84 and 87 due by 5/30/2008.) Signedby Judge Brian E. Sandoval on 2/28/08. (Copies have been distributedpursuant to the NEF - ASB) (Entered: 02/29/2008)

04/15/2008 93 RESPONSE to 77 MOTION to Dismiss, 84 MOTION to Dismiss, 87 FirstMOTION to Dismiss filed, filed by Plaintiffs City of Livonia Employees'Retirement System, City of Pontiac General Employees' RetirementSystem. Plaintiffs' Memorandum of Points and Authorities in Oppositionto Defendants Sunterra, Benson and West's Motions to Dismiss Repliesdue by 4/29/2008. (Leahy, Arthur) (Entered: 04/15/2008)

04/15/2008 94 WITHDRAWN per 120 Order First MOTION to Strike by Lead PlaintiffsOr, In The Alternative, To Convert Defendants Motions To Dismiss IntoMotions For Summary Judgment by Plaintiffs City of Livonia Employees'Retirement System, City of Pontiac General Employees' RetirementSystem. Responses due by 5/3/2008. (Attachments: # 1 ProposedOrder)(Leahy, Arthur) Modified on 9/19/2008 (SRK). (Entered:04/15/2008)

04/15/2008 95 MEMORANDUM by Lead Plaintiffs in support of 94 Motion to Strike or,In the Alternative, to Convert Defendants Motions to Dismiss into Motionsfor Summary Judgment by Plaintiffs City of Livonia Employees'Retirement System, City of Pontiac General Employees' RetirementSystem. (Leahy, Arthur) Modified docket text/type on 4/17/2008 (MAJ).(Entered: 04/15/2008)

04/24/2008 96 NOTICE by Plaintiffs City of Livonia Employees' Retirement System,City of Pontiac General Employees' Retirement System re 93 Response toMotion,. Plaintiffs' Notice of Recent Authority (Attachments: # 1 ExhibitA)(Leahy, Arthur) (Entered: 04/24/2008)

04/30/2008 97 STIPULATION and Order Regarding Defendants' Time to Respond toLead Plaintiffs' Motion to Strike by Plaintiffs Patricia Sickles, Peter

Kaltman, City of Livonia Employees' Retirement System, City of PontiacGeneral Employees' Retirement System, Richard Gonon, Daniel Cash,Defendants David Gubbay, David R. Harris, Robert A. Krawczyk, Olof S.Nelson, Steven E. West, Diamond Resorts, LLC, DRS Acquisition Corp.,DR Resort Holdings, LLC, Sunterra Corporation, Nicholas J. Benson.(Jones, Justin) (Entered: 04/30/2008)

05/01/2008 98 ORDER ON STIPULATION granting 97 Stipulation to Extend ResponseDeadlines re: 94 First MOTION to Strike. Sunterra CorporationResponses due by 5/23/2008. Nicholas Benson and Stephen WestResponses due by 5/30/2008. Replies due by 6/15/2008. Signed by JudgeBrian E. Sandoval on 5/1/08. (Copies have been distributed pursuant to theNEF - ASB) (Entered: 05/01/2008)

05/09/2008 99 (1st Notice) PURSUANT TO SPECIAL ORDER 109: that Patricia I. Avery, Shaye J Fuchs and Michael Schwartz are in violation of SpecialOrder 109. Participation in the electronic filing system becamemandatory for all attorneys effective January 1, 2006. You are requiredto register for the Courts Case Management and Electronic Case Filing(CM/ECF) program and the electronic service of pleadings. Please visitthe Courts website www.nvd.uscourts.gov, then select CM/ECF Info, toregister the Attorney(s). (no image attached) (RFJ) (Entered: 05/09/2008)

05/09/2008 100 (1st Notice) PURSUANT TO SPECIAL ORDER 109: that Richard ASpeirs and Jeffrey C Zwerling are in violation of Special Order 109.Participation in the electronic filing system became mandatory for allattorneys effective January 1, 2006. You are required to register for theCourts Case Management and Electronic Case Filing (CM/ECF) programand the electronic service of pleadings. Please visit the Courts websitewww.nvd.uscourts.gov, then select CM/ECF Info, to register theAttorney(s). (no image attached) (RFJ) (Entered: 05/09/2008)

05/22/2008 101 STIPULATION and Order Regarding Page Limits for DefendantSunterra's Reply in Support of its Motion to Dismiss by DefendantSunterra Corporation. (Garcia, Yolanda) (Entered: 05/22/2008)

05/23/2008 102 ORDER GRANTING 101 Stipulation to Exceed Page Limitation in Replyto Motion to Dismiss 87 . Signed by Judge Brian E. Sandoval on 5/22/08.(Copies have been distributed pursuant to the NEF - ES) (Entered:05/23/2008)

05/23/2008 103 REPLY to Response to 77 MOTION to Dismiss ; filed by DefendantSunterra Corporation. (Attachments: # 1 App. 562-605, # 2 App. 606-629)(Garcia, Yolanda) (Entered: 05/23/2008)

05/23/2008 104 RESPONSE to 94 First MOTION to Strike by Lead Plaintiffs Or, In TheAlternative, To Convert Defendants Motions To Dismiss Into Motions ForSummary Judgment, filed by Defendant Sunterra Corporation. Replies dueby 6/6/2008. (Attachments: # 1 Exhibit A)(Garcia, Yolanda) (Entered:

05/23/2008)

05/30/2008 105 REPLY to Response to 84 MOTION to Dismiss ; filed by DefendantNicholas J. Benson. Defendant Nicholas J. Benson's Reply Memorandumof Points and Authorities in Support of His Motion to Dismiss (Kemp,Will) (Entered: 05/30/2008)

05/30/2008 106 RESPONSE to 94 First MOTION to Strike by Lead Plaintiffs Or, In TheAlternative, To Convert Defendants Motions To Dismiss Into Motions ForSummary Judgment, filed by Defendant Nicholas J. Benson. DefendantNicholas J. Benson's Memorandum of Points and Authorities inOpposition to Lead Plaintiffs' Motion to Strike or, In the Alternative, ToConvert Defendants' Motions to Dismiss Into Motions for SummaryJudgment Replies due by 6/13/2008. (Kemp, Will) (Entered: 05/30/2008)

05/30/2008 107 RESPONSE to 94 First MOTION to Strike by Lead Plaintiffs Or, In TheAlternative, To Convert Defendants Motions To Dismiss Into Motions ForSummary Judgment, filed by Defendant Steven E. West. Replies due by6/13/2008. (Jackson, James) (Entered: 05/30/2008)

05/30/2008 108 REPLY to Response to 87 First MOTION to Dismiss filed ; filed byDefendant Steven E. West. (Jackson, James) (Entered: 05/30/2008)

05/30/2008 109 DECLARATION of Erin W. Sheehy re 87 First MOTION to Dismiss filed; filed by Defendant Steven E. West. in Support of his Reply(Attachments: # 1 Exhibit A)(Jackson, James) (Entered: 05/30/2008)

06/06/2008 110 NOTICE by Plaintiffs City of Livonia Employees' Retirement System,City of Pontiac General Employees' Retirement System re 93 Response toMotion,. Plaintiffs' Notice of Recent Authority (Attachments: # 1 ExhibitA)(Alpert, Matthew) (Entered: 06/06/2008)

06/13/2008 111 REPLY to Response to 94 First MOTION to Strike by Lead Plaintiffs Or,In The Alternative, To Convert Defendants Motions To Dismiss IntoMotions For Summary Judgment ; filed by Plaintiffs City of LivoniaEmployees' Retirement System, City of Pontiac General Employees'Retirement System. (Attachments: # 1 Proposed Order Revised [Proposed]Order)(Leahy, Arthur) (Entered: 06/13/2008)

07/15/2008 112 MINUTE ORDER IN CHAMBERS of the Honorable Judge Brian E.Sandoval, on 7/15/2008. By Deputy Clerk: Rosemary Damron. IT ISORDERED that the following motions are set for oral argument onThursday, September 18, 2008 at 9:00 a.m. in Reno before Judge Brian E.Sandoval: 77 MOTION to Dismiss, filed on 11/02/07; 84 MOTION toDismiss, filed on 11/09/07; 87 MOTION to Dismiss, filed on 11/09/07;and 94 First MOTION to Strike by Lead Plaintiffs Or, In The Alternative,To Convert Defendants Motions To Dismiss Into Motions For SummaryJudgment, filed on 04/15/08. The hearing on the above motions that isscheduled for Thursday, 09/18/08 at 9:00 a.m., shall be in RenoCourtroom #6 before Judge Brian E. Sandoval. (no image attached)

(Copies have been distributed pursuant to the NEF - RD) (Entered:07/15/2008)

08/13/2008 113 NOTICE by Plaintiffs City of Livonia Employees' Retirement System,City of Pontiac General Employees' Retirement System re 93 Response toMotion,. Plaintiffs' Notice of Recent Authority (Attachments: # 1 ExhibitA)(Alpert, Matthew) (Entered: 08/13/2008)

08/15/2008 114 (2nd Notice) (1 st Notice) PURSUANT TO SPECIAL ORDER 109: thatShaye J Fuchs, Michael Schwartz, Richard A Speirs and Jeffrey C Zwerling are in violation of Special Order 109. Participation in theelectronic filing system became mandatory for all attorneys effectiveJanuary 1, 2006. You are required to register for the Courts CaseManagement and Electronic Case Filing (CM/ECF) program and theelectronic service of pleadings. Please visit the Courts websitewww.nvd.uscourts.gov , then select CM/ECF Info, to register theAttorney(s). (no image attached) (RFJ) Modified text to reflect secondnotice of violation on 8/15/2008 (RFJ). (Entered: 08/15/2008)

08/29/2008 115 RESPONSE to 113 Notice (Other), Notice (Other), 110 Notice (Other),Notice (Other) ; Defendant Sunterra Corporation's Response to Plaintiffs'Notices of Recent Authority filed by Defendant Sunterra Corporation.(Garcia, Yolanda) (Entered: 08/29/2008)

09/10/2008 116 NOTICE by Plaintiffs City of Livonia Employees' Retirement System,City of Pontiac General Employees' Retirement System re 93 Response toMotion,. Notice of Recent Authority (Attachments: # 1 Exhibit A - SouthFerry Opinion)(Alpert, Matthew) (Entered: 09/10/2008)

09/18/2008 117 MINUTES OF PROCEEDINGS - Motions Hearing regarding Motions toDismiss 77 84 87 and Motion to Strike 94 held on 9/18/2008 before JudgeBrian E. Sandoval. Crtrm Administrator: Marti Campbell; Pla Counsel:Arthur C. Leahy; Def Counsel: J. Stephen Peek; Court Reporter/FTR #:Margaret Griener; Time of Hearing: 9:04 AM - 9:17 AM; Courtroom: 6;Counsel advise the Court that the parties have reached a settlement in thisaction. Counsel orally withdraw without prejudice the above pendingmotions. IT IS ORDERED that counsel shall submit a Stipulation toWithdraw the Pending Motions. IT IS FURTHER ORDERED thatobjections, if any, to the preliminary settlement shall be submitted no laterthan Tuesday, 10/28/2008. Hearing regarding the Preliminary Approval ofSettlement shall be scheduled for Tuesday, 11/04/2008 9:00 AM inRENO, NV. Courtroom 6 before Judge Brian E. Sandoval. (no imageattached) (Copies have been distributed pursuant to the NEF - MLC)(Entered: 09/18/2008)

09/18/2008 118 MINUTE ORDER IN CHAMBERS of the Honorable Judge Brian E.Sandoval, on 9/18/2008. By Deputy Clerk: Marti Campbell. IT ISORDERED that the Minutes of Proceedings RE: 117 Motions Hearingheld 09/18/2008 are AMENDED to reflect that the parties shall submit the

proposed settlement agreement and notice proposals no later thanTuesday, 10/28/2008, to allow the Court an opportunity to review themprior to the hearing scheduled for Tuesday, 11/04/2008, 9:00 AM in Reno.(no image attached) (Copies have been distributed pursuant to the NEF -MLC) (Entered: 09/18/2008)

09/19/2008 119 STIPULATION (JOINT) and Order Regarding Withdrawal WithoutPrejudice of Defendants' Motions to Dismiss and Plaintiffs' Motion toStrike by Plaintiffs City of Livonia Employees' Retirement System, Cityof Pontiac General Employees' Retirement System. (Leahy, Arthur)(Entered: 09/19/2008)

09/19/2008 120 ORDER ON STIPULATION Granitng 119 Stipulation Re Withdrawalwithout prejudice of Defendants' 77 , 84 and 87 Motions to Dismiss andPlaintiffs' 94 Motion to Strike. Signed by Judge Brian E. Sandoval on09/19/08. (Copies have been distributed pursuant to the NEF - SRK)(Entered: 09/19/2008)

10/01/2008 121 VERIFIED PETITION for Permission to Practice Pro Hac Vice by JoyAnn Bull and DESIGNATION of Local Counsel G. Mark Albright (Filingfee $ 175 receipt number 09780000000001010856) filed by Plaintiff PeterKaltman. Motion ripe 10/1/2008. (Albright, Mark) (Entered: 10/01/2008)

10/02/2008 122 ORDER granting 121 Verified Petition for Permission to Practice Pro HacVice for Attorney Joy Ann Bull for Employees' and Retirement Group andapproving Designation of Mark Albright as Local Counsel. Signed byJudge Brian E. Sandoval on 10/2/08.Any Attorney not yet registered with the Court's CM/ECF System shallsubmit a Registration Form on the Court's website www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - OXC) (Entered:10/03/2008)

10/23/2008 123 MINUTE ORDER IN CHAMBERS of the Honorable Judge Brian E.Sandoval, on 10/23/2008. Attorney Shaye J Fuchs is in violation ofSpecial Order 109. Counsel is advised to register for CM/ECF bycompleting the Attorney Registration Form from the Court's Websitewww.nvd.uscourts.gov and then filing a "Notice of Compliance withSpecial Order 109" as a separate event under the "Notices" category.Notice of Compliance is due by 11/7/2008. (no image attached) (Copieshave been distributed pursuant to the NEF - RFJ) (Entered: 10/23/2008)

10/23/2008 124 MINUTE ORDER IN CHAMBERS of the Honorable Judge Brian E.Sandoval, on 10/23/2008. Attorney Michael Schwartz is in violation ofSpecial Order 109. Counsel is advised to register for CM/ECF bycompleting the Attorney Registration Form from the Court's Websitewww.nvd.uscourts.gov and then filing a "Notice of Compliance withSpecial Order 109" as a separate event under the "Notices" category.Notice of Compliance is due by 11/7/2008. (no image attached) (Copieshave been distributed pursuant to the NEF - RFJ) (Entered: 10/23/2008)

10/23/2008 125 MINUTE ORDER IN CHAMBERS of the Honorable Judge Brian E.Sandoval, on 10/23/2008. Attorney Richard A Speirs is in violation ofSpecial Order 109. Counsel is advised to register for CM/ECF bycompleting the Attorney Registration Form from the Court's Websitewww.nvd.uscourts.gov and then filing a "Notice of Compliance withSpecial Order 109" as a separate event under the "Notices" category.Notice of Compliance is due by 11/7/2008. (no image attached) (Copieshave been distributed pursuant to the NEF - RFJ) (Entered: 10/23/2008)

10/23/2008 126 MINUTE ORDER IN CHAMBERS of the Honorable Judge Brian E.Sandoval, on 10/23/2008. Attorney Jeffrey C Zwerling is in violation ofSpecial Order 109. Counsel is advised to register for CM/ECF bycompleting the Attorney Registration Form from the Court's Websitewww.nvd.uscourts.gov and then filing a "Notice of Compliance withSpecial Order 109" as a separate event under the "Notices" category.Notice of Compliance is due by 11/7/2008. (no image attached) (Copieshave been distributed pursuant to the NEF - RFJ) (Entered: 10/23/2008)

10/24/2008 127 ERROR: wrong event selected. (RFJ) NOTICE by Plaintiff PeterKaltman NOTICE OF WITHDRAWAL OF MICHAEL A. SCHWARTZ ASCOUNSEL (Albright, Mark) Modified on 10/24/2008. (Entered:10/24/2008)

10/24/2008 NOTICE of Docket Correction to 127 Notice (Other): ERROR: Wrongevent used; CORRECTION: Attorney Mark Albright advised to refiledocument using the Notice of Change of Attorney event as a separateentry found under the "Notices" category. (no image attached) (RFJ)(Entered: 10/24/2008)

10/27/2008 128 NOTICE of Change of Attorney on behalf of Plaintiff Peter Kaltman.(Albright, Mark) (Entered: 10/27/2008)

10/28/2008 129 STIPULATION of Settlement by Plaintiffs City of Livonia Employees'Retirement System, City of Pontiac General Employees' RetirementSystem. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, #4 Exhibit A-3, # 5 Exhibit B, # 6 Exhibit C)(Bull, Joy) (Entered:10/28/2008)

10/28/2008 130 Submission of PROPOSED ORDER filed by Plaintiffs City of LivoniaEmployees' Retirement System, City of Pontiac General Employees'Retirement System Preliminarily Approving Settlement, ApprovingNotice, and Scheduling Settlement Hearing. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3)(Bull, Joy) (Entered: 10/28/2008)

10/28/2008 131 Unopposed MOTION Preliminary Approval of Settlement andMemorandum by Plaintiffs City of Livonia Employees' RetirementSystem, City of Pontiac General Employees' Retirement System.Responses due by 11/15/2008. (Bull, Joy) (Entered: 10/28/2008)

10/30/2008 132 MINUTE ORDER IN CHAMBERS of the Honorable Judge Brian E.

Sandoval, on 10/30/2008. By Deputy Clerk: Marti Campbell. IT ISORDERED that the parties shall be allowed to appear telephonically forthe Hearing Regarding Preliminary Approval of Settlement scheduled forTuesday, 11/04/2008, 9:00 AM in Reno, NV. The parties shall dial intothe meet-me-line number five (5) minutes prior to the hearing. Dial InNumber: 1-866-213-4173. Conference ID Number: 71842918. IT ISFURTHER ORDERED that the parties shall be present for the HearingRegarding Final Approval of Settlement scheduled for Monday, 02/9/20099:00 AM in Las Vegas, NV. Courtroom 4B before Judge Brian E.Sandoval. (no image attached) (Copies have been distributed pursuant tothe NEF - MLC) (Entered: 10/30/2008)

11/03/2008 133 NOTICE OF COMPLIANCE re 125 Minute Order re Violation of SpecialOrder 109,, : Notice is hereby given that Richard A Speirs is now, and willcontinue to be, in full compliance with the requirements of Special Order109 and the Electronic Filing Procedures. (Speirs, Richard) (Entered:11/03/2008)

11/03/2008 134 NOTICE of Change of Attorney on behalf of Plaintiff Peter Kaltman.(Speirs, Richard) (Entered: 11/03/2008)

11/04/2008 135 MINUTES OF PROCEEDINGS - Telephonic Hearing regardingPreliminary Approval of Class Action Settlement held on 11/04/2008before Judge Brian E. Sandoval. Crtrm Administrator: Marti Campbell;Pla Counsel: Joy Ann Bull; Def Counsel: J. Stephen Peek, Yolanda C.Garcia, Will Kemp, and Kathryn Parks; Court Reporter/FTR #: KathyFrench; Time of Hearing: 9:10 AM - 10:00 AM; Courtroom: 6; The Courtand counsel discuss the issues in the Proposed Order ApprovingPreliminary Settlement 130 . The Court and counsel discuss therevisions/modifications to the Proposed Order and Notice Claim form.Plaintiff's counsel shall submit a Proposed Order for Preliminary Approvalof Settlement and Notice Claim containing the modifications discussed forthe Court's consideration. The Court's findings are stated for the record. AHearing regarding the Final Approval of Class Action Settlement isscheduled for Monday, 02/09/2009 9:00 AM in LV Courtroom 4B beforeJudge Brian E. Sandoval. Counsel must be present for this hearing. (noimage attached) (Copies have been distributed pursuant to the NEF -MLC) (Entered: 11/04/2008)

11/04/2008 136 Submission of PROPOSED ORDER filed by Plaintiffs City of LivoniaEmployees' Retirement System, City of Pontiac General Employees'Retirement System Revised Order Preliminarily Approving Settlement,Approving Notice, and Scheduling Settlement Hearing. (Attachments: # 1Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3)(Bull, Joy) (Entered:11/04/2008)

11/04/2008 137 ORDER approving and scheduling a Settlement Hearing. ( SettlementConference set for 2/9/2009 09:00 AM before Judge Brian E. Sandoval.)

Signed by Judge Brian E. Sandoval on 11/4/08. (Copies have beendistributed pursuant to the NEF - OXC) (Entered: 11/05/2008)

01/12/2009 138 MOTION Final Approval of Class Action Settlement and Plan ofAllocation of Settlement Proceeds and Memorandum in Support Thereofby Plaintiffs City of Livonia Employees' Retirement System, City ofPontiac General Employees' Retirement System. Responses due by1/30/2009. (Bull, Joy) (Entered: 01/12/2009)

01/12/2009 139 MOTION for Attorney Fees and Expenses and Memorandum in SupportThereof by Plaintiffs City of Livonia Employees' Retirement System, Cityof Pontiac General Employees' Retirement System. Responses due by1/30/2009. (Bull, Joy) (Entered: 01/12/2009)

01/12/2009 140 DECLARATION of Arthur C. Leahy re 139 MOTION for Attorney Feesand Expenses and Memorandum in Support Thereof, 138 MOTION FinalApproval of Class Action Settlement and Plan of Allocation of SettlementProceeds and Memorandum in Support Thereof ; filed by Plaintiffs City ofLivonia Employees' Retirement System, City of Pontiac GeneralEmployees' Retirement System. (Bull, Joy) (Entered: 01/12/2009)

01/12/2009 141 DECLARATION of Kim Schmidt re 139 MOTION for Attorney Fees andExpenses and Memorandum in Support Thereof, 138 MOTION FinalApproval of Class Action Settlement and Plan of Allocation of SettlementProceeds and Memorandum in Support Thereof ; filed by Plaintiffs City ofLivonia Employees' Retirement System, City of Pontiac GeneralEmployees' Retirement System. re Mailing of the Notice, the Proof ofClaim and Instructions; and Publication of the Summary Notice(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 ExhibitD)(Bull, Joy) (Entered: 01/12/2009)

01/12/2009 142 DECLARATION of Joy Ann Bull re 139 MOTION for Attorney Fees andExpenses and Memorandum in Support Thereof ; filed by Plaintiffs City ofLivonia Employees' Retirement System, City of Pontiac GeneralEmployees' Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Bull, Joy) (Entered:01/12/2009)

01/12/2009 143 DECLARATION of on behalf of Coughlin Stoia Geller Rudman &Robbins LLP re 139 MOTION for Attorney Fees and Expenses andMemorandum in Support Thereof ; filed by Plaintiffs City of LivoniaEmployees' Retirement System, City of Pontiac General Employees'Retirement System. (Attachments: # 1 Exhibit A)(Bull, Joy) (Entered:01/12/2009)

01/12/2009 144 DECLARATION of on behalf of Albright Stoddard Warnick & Albrightre 139 MOTION for Attorney Fees and Expenses and Memorandum inSupport Thereof ; filed by Plaintiffs City of Livonia Employees'Retirement System, City of Pontiac General Employees' Retirement

System. (Attachments: # 1 Exhibit A)(Bull, Joy) (Entered: 01/12/2009)

01/12/2009 145 Submission of PROPOSED ORDER on 138 MOTION Final Approval ofClass Action Settlement and Plan of Allocation of Settlement Proceedsand Memorandum in Support Thereof ; filed by Plaintiffs City of LivoniaEmployees' Retirement System, City of Pontiac General Employees'Retirement System. [Proposed] Order Approving Plan of Allocation ofSettlement Proceeds (Bull, Joy) (Entered: 01/12/2009)

01/12/2009 146 Submission of PROPOSED ORDER on 138 MOTION Final Approval ofClass Action Settlement and Plan of Allocation of Settlement Proceedsand Memorandum in Support Thereof ; filed by Plaintiffs City of LivoniaEmployees' Retirement System, City of Pontiac General Employees'Retirement System. [Proposed] Final Judgment (Attachments: # 1 Exhibit1)(Bull, Joy) (Entered: 01/12/2009)

01/12/2009 147 Submission of PROPOSED ORDER on 139 MOTION for Attorney Feesand Expenses and Memorandum in Support Thereof ; filed by PlaintiffsCity of Livonia Employees' Retirement System, City of Pontiac GeneralEmployees' Retirement System. [Proposed] Order Awarding Attorneys'Fees and Expenses (Bull, Joy) (Entered: 01/12/2009)

02/09/2009 148 MINUTES OF PROCEEDINGS - Motion Hearing and Final Approval ofSettlement, held on 2/9/2009 before Judge Brian E. Sandoval. CrtrmAdministrator: Peggie Vannozzi; Pla Counsel: Arthur Leahy and Joy Bull;Def Counsel: J. Stephen Peek and Miranda Schiller for Sunterra Corp.;Will Kemp for Nicholas Benson; Michael Lowry for Steven West; CourtReporter/FTR #: Felicia Zabin; Time of Hearing: 9: 01 AM - 9:30 AM;Courtroom: 4B; Ms. Bull and Ms. Schiller make representations to theCourt. No investors are present. The Court makes findings for the record.IT IS ORDERED that the class of investors who purchased stock betweenApril 15, 2003 and June 22, 2006 is certified. The Court GRANTS 138Motion Final Approval of Class Action Settlement and Plan of Allocationof Settlement Proceeds and 139 Motion for Attorney Fees. Ms. Bull willemail a proposed order to the Court for signature. (Copies have beendistributed pursuant to the NEF - PAV) (Entered: 02/09/2009)

02/09/2009 149 Submission of PROPOSED ORDER on 138 MOTION Final Approval ofClass Action Settlement and Plan of Allocation of Settlement Proceedsand Memorandum in Support Thereof ; filed by Plaintiffs City of LivoniaEmployees' Retirement System, City of Pontiac General Employees'Retirement System. [Proposed] Final Judgement (Attachments: # 1Exhibit 1)(Bull, Joy) (Entered: 02/09/2009)

02/10/2009 150 FINAL JUDGMENT: This Final Judgment incorporates by reference thedefinitions in the Stipulation, and all terms used herein shall have the samemeanings as set forth in the Stipulation. Signed by Judge Brian E.Sandoval on 02/10/09. (Copies have been distributed pursuant to the NEF- SRK) (Entered: 02/10/2009)

02/10/2009 151 ORDER: The Court Awards Lead Plaintiffs' Counsel attorneys' fees of25% of the Settlement Fund, plus payment of litigation expenses in theamount of $264,973.35. Signed by Judge Brian E. Sandoval on 02/10/09.(Copies have been distributed pursuant to the NEF - SRK) (Entered:02/10/2009)

02/12/2009 152 ORDER Approving Plan of Allocation of Settlement Proceeds. Signed byJudge Brian E. Sandoval on 2/12/09. (Copies have been distributedpursuant to the NEF - ES) (Entered: 02/12/2009)

03/13/2009 153 TRANSCRIPT of Proceedings, 148 Final Approval of Settlement, held on2/9/2009, before Judge Brian E. Sandoval. Court Reporter: Felicia Zabin,702-676-1087. Transcript may be viewed at the court public terminal orpurchased through the Court Reporter using the court's "Transcript Order"form available on our website www.nvd.uscourts.gov before the deadlinefor Release of Transcript Restriction. After that date it may be obtainedeither from the court reporter or through PACER. Redaction Request due4/3/2009. Redacted Transcript Deadline set for 4/13/2009. Release ofTranscript Restriction set for 6/11/2009. (FRZ) (Entered: 03/16/2009)

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