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Thread: Class Action lawsuit Filed against Diamond Resorts

  1. #61
    But Carlos, there was only very limited discovery and NO depositions. This result stinks to high heaven, and primarily as to the corruption of the class action lawyers.

    Of course, the class actions lawyers in the RCI suit were even more corrupt - no discovery at all before they waved the white flag and pocketed their big payout, while leaving their clients completely screwed.

    There really need to be ethics complaints against these underhanded backstabbers.

  2. #62
    Quote Originally Posted by Carlos View Post
    I am sorry, but I have to disagree with your point of view. DRI must have had a strong enough defense to answer the owners. The facts would have been the facts. If during discovery there was that much evidence to support the owners then they would have gone for it. I don't think there was anything more but lots of allegations and that's it.
    Carlos, what DRI had was money... and lots of it.
    What the plaintiffs had (IMHO) was lack of experience and a lack of proper representation and no independent counseling or coaching. And at no fault of the plaintiffs!

    I'm not sure of your experience regarding lawsuits but in my experiences (albeit limited compared to others on this forum) "facts" are not even close to being presented in the first 6 months of a lawsuit of this magnitude or even lawsuits that are miniscule compared to this one. After 4 years of litigation on a lawsuit that I am very familiar with, facts have "never" been determined to be "facts". So your assertion that facts would have been the facts is completely absurd.

    Quote Originally Posted by Carolinian View Post
    But Carlos, there was only very limited discovery and NO depositions. This result stinks to high heaven, and primarily as to the corruption of the class action lawyers.
    Could not agree more and your legal experience/knowledge is far greater than mine.

    Of course, the class actions lawyers in the RCI suit were even more corrupt - no discovery at all before they waved the white flag and pocketed their big payout, while leaving their clients completely screwed.
    A great example!

  3. #63
    Anyone get there check yet. I hear there starting to come in now.
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  4. #64
    Please excuse me, I'm a Dick. Not a moron just a Dick
    Join Date
    Jul 2005
    Posts
    15,333
    One of the kids I work with's dad is Marketing Director at our local DRI resort. He's grown up with it, so, I have to sorta watch what I say.
    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

  5. #65
    There are no checks from any lawsuit coming in to anyone. Anybody saying otherwise is no teeing the truth. The terms of the lawsuit are on both the Redweek and TUG forums.

  6. #66
    Please excuse me, I'm a Dick. Not a moron just a Dick
    Join Date
    Jul 2005
    Posts
    15,333
    COPP members,
    Our class action lawsuit has resulted in a settlement reached through mediation between the attorneys for the plaintiffs and the attorneys for DRI and the rest of the defendants.
    There have been financial concessions. They are now willing to take the remaining two years of payments and make them into FOUR years of payments. This will reduce the amount due in each of the n...ext two years. If the escalation/contingency is not needed (or is lower than originally anticipated) years 3 and 4 will see reduced amounts billed, conceivably with NO funds due at all, rather than collect the contingency fees up front. They are also going to assume the expense of the defaults ($4M) as they are also collecting the deeds on those intervals. Further, they have agreed to drop $1M of the $1.7M management fees.
    There were also Governance issues addressed. For all future elections, FULL DISCLOSURE must be made of ANY affiliation with DRI and all of its subsidiaries as well as familial connections. All non-DRI board members will be educated about "fiduciary responsibility" and "conflict of interest" so as to assure that all is above board. Additionally, the board members will have an "independent" attorney available for consultation with regard to board activities.
    Although we will NOT be receiving the owner list, there is a new wrinkle which will address the issue. A "neutral third party" will be given the owner's contact info. The owners will be able to submit letters to be disseminated to the owners. The only editing permitted is to remove threats or obscenity. This "third party" will also oversee the statements submitted by board candidates, again with editing only for the removal of threat or obscenity.


    https://www.facebook.com/pointatpoipu
    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

  7. #67
    Quote Originally Posted by Carlos View Post
    There are no checks from any lawsuit coming in to anyone. Anybody saying otherwise is no teeing the truth. The terms of the lawsuit are on both the Redweek and TUG forums.
    Sorry but I know for sure that checks have gone out. It is from a Diamond class action but it may not have to do with the resort you maybe refering to. It might be for a different class action against Diamond. Either way checks have been mailed.
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  8. #68
    What are the time frame one should we rec'd a check and will the check documents explain why the owner is rec'ing this check ?

  9. #69

    No Checks Indicated

    Someone posted the terms of the agreement of the class action lawsuit settlement. As you can see there were some concessions made, but there were no provisions for payments to be made to DRI owners.

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