Wyndham Vacation Resorts, Inc. v. The Consulting Group, Inc. et al
| Wyndham Vacation Resorts, Inc. |
| The Consulting Group, Inc., Superior Vacations, Inc., Superior Timeshare Closing, Ray Spigner, Michael Dean Spigner, Charles Simerka, Judith McGinty and John and Jane Does 1 - 10 |
| 2:2012cv00096 |
| September 28, 2012 |
| US District Court for the Middle District of Tennessee |
| Cookeville Office |
| Cumberland |
| Kevin H. Sharp |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1961 Racketeering (RICO) Act |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
574
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 7/21/15. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing
417
ORDER: ORAL ARGUMENT HEARING set for 5/4/2015 02:00 PM. Oral Argument Hearing on Plaintiff's Pending Motion to Disqualify Docket Entry 382 . Signed by Magistrate Judge Joe Brown on 4/23/15. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing
319
ORDER: It is hereby ORDERED that the Motion For Contempt filed by the plaintiff 396 shall be HELD IN ABEYANCE pending the resolution of the discovery dispute discussed with the court by telephone on November 21, 2014. It appears that resolution of the discovery dispute will impact resolution of the Motion For Contempt, and the parties are hereby granted permission to file supplemental briefs on the Motion For Contempt, should they be necessary. Signed by District Judge Aleta A. Trauger on 12/3/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
284
ENTRY OF DEFAULT as to Defendant Superior Vacations, Inc. d/b/a Superior Timeshare Closing. Signed by Keith Throckmorton, Clerk of Court on 9/8/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)
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Filing
277
ORDER: It appears that nothing further remains to be done by the Magistrate Judge. The Clerk is directed to terminate the referral and return the file to Judge Trauger for the further proceedings set before her. Signed by Magistrate Judge Joe Brown on 8/6/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)
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Filing
275
CONSENT ORDER regarding 238 Motion to Prohibit Destruction of Evidence. Signed by Magistrate Judge Joe Brown on 8/4/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)
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Filing
263
MEMORANDUM & ORDER: By July 24, 2014, attorney Walthart shall file a clarification of his status as counsel for one or more parties in this case or, if appropriate, a Motion to Withdraw. Assuming that attorney Walthart no longer represents Superio r, Superior has until August 1, 2014 to have counsel file an appearance on its own behalf. See Doherty v. Am. Motors Corp., 728 F.2d 334 (6th Cir. 1984) ("The rule of this circuit is that a corporation cannot appear in federal court except t hrough an attorney.") Failure to do so will result in a default judgment. The Clerk is directed to forward a copy of this Order to attorney Walhart. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/17/14. (xc:Pro se party by regular and certified mail; Atty Brian F. Walthart via email notification)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
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Filing
217
ORDER: Accordingly, WVR Motion for Case Management Conference 200 is DENIED and WVR's Motion to Strike 210 is DENIED. Signed by District Judge Aleta A. Trauger on 5/15/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
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Filing
212
ORDER: For the reasons set forth in the accompanying Memorandum, the court finds as follows: The Motion to Dismiss filed by defendants Jeff Earle and Smokey Mountain Getaways 105 is GRANTED IN PART and DENIED IN PART. The Motion for Judgment on the Pleadings filed by defendants Michael Dean Spigner, Ray Spigner, and The Consultant Group, Inc. (collectively, the "Spigner Defendants") 144 is GRANTED IN PART and DENIED IN PART. The plaintiffs' Motion to Strike 172 is DENI ED. All claims by Plaintiff Wyndham Vacation Management, Inc. are hereby DISMISSED. Future case captions shall reference only the plaintiff Wyndham Vacation Resorts, Inc. ("WVR"). Plaintiff WVR's fraud claims against the Spigner Defe ndants, Earle, and SMG are hereby DISMISSED. WVR's breach of duty of loyalty claim against Dean Spigner is hereby DISMISSED. WVR's remaining claims will proceed. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 5/14/14. (xc:Pro se party by regular and certified mail.) (tmw)
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Filing
81
MEMORANDUM Signed by District Judge Aleta A. Trauger on 7/23/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
70
ORDER: MOTION for Extension of Time to Amend 59 is Granted. Amended Pleadings due by 7/1/2013. Signed by District Judge Aleta A. Trauger on 6/12/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
65
AGREED PROTECTIVE ORDER GOVERNING DISCOVERY. Signed by District Judge Aleta A. Trauger on 5/29/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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