Wyndham Vacation Resorts, Inc. v. The Consulting Group, Inc. et al

Plaintiff: Wyndham Vacation Resorts, Inc.
Defendant: 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
 
Case Number: 2:2012cv00096
Filed: September 28, 2012
 
Court: Tennessee Middle District Court
Office: Cookeville Office
County: Cumberland
Presiding Judge: Kevin H. Sharp
 
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18:1961 Racketeering (RICO) Act
Jury Demanded By: Plaintiff

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Date Filed#Document Text
May 14, 2014 211 Featured Case MEMORANDUM. An appropriate order will enter. Signed by District Judge Aleta A. Trauger on 5/14/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
May 14, 2014 212 Featured Case 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)
May 15, 2014 215 Featured Case MEMORANDUM. An appropriate order will enter. 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)
May 15, 2014 216 Featured Case PRELIMINARY INJUNCTION. 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)
May 15, 2014 217 Featured Case 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)
July 17, 2014 261 Featured Case ORDER: The motion to file a surreply (Docket Entry 256) is GRANTED only so far as the Clerk will file the attached surreply. The parties are directed to not file any more motions concerning striking of pleadings. This matter is set for an in-court h earing on all the pending motions which have been referred to the undersigned by Judge Trauger on August 5, 2014, at 2:00 p.m., Courtroom 783. Signed by Magistrate Judge Joe Brown on 7/17/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)
July 17, 2014 263 Featured Case 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)
August 5, 2014 274 Featured Case ORDER: The matter was set for a hearing on August 5, 2014 (Docket Entry261). The parties have now filed a proposed consent order addressing the underlying motion (Docket Entry 270). The Magistrate Judge finds that the motion is well-taken and comme nds the parties for resolving this issue for the present time. The Magistrate Judge will sign the consent order and the hearing on the matter is CANCELED. The Clerk will also terminate as moot the motions to strike Docket Entries 257 and 259. 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)
August 5, 2014 275 Featured Case 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)
August 6, 2014 277 Featured Case 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)
May 29, 2013 65 Featured Case 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)
June 12, 2013 70 Featured Case 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)
July 23, 2013 81 Featured Case 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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Plaintiff: Wyndham Vacation Resorts, Inc.
Represented By: Andrew W. Coffman
Represented By: R. Douglas Hanson
Represented By: R. Eddie Wayland
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Defendant: The Consulting Group, Inc.
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Defendant: Superior Vacations, Inc.
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Defendant: Superior Timeshare Closing
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Defendant: Ray Spigner
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Defendant: Michael Dean Spigner
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Defendant: Charles Simerka
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Defendant: Judith McGinty
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Defendant: John and Jane Does 1 - 10
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