Carolyn Nolen, et al v. Wyndham Vacation Resorts, Inc., et al
CAROLYN NOLEN, on behalf of herself and all others similarly situated, VINDY KELLEY, on behalf of herself and all others similarly situated, CARA KELLEY, on behalf of herself and all others similarly situated, PAULA LITTON, on behalf of herself and all others similarly situated and WINDY KELLEY, on behalf of herself and all others similarly situated |
WYNDHAM VACATION RESORTS, INC., FAIRSHARE VACATION OWNERS ASSOCIATION and RCI LLC |
22-11128 |
April 8, 2022 |
U.S. Court of Appeals, Eleventh Circuit |
Other Contract Actions |
Opinions
We have the following opinions for this case:
Description |
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Carolyn Nolen, et al v. Fairshare Vacation Owners Association |
Docket Report
This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 48 Mandate issued as to Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. [Entered: 09/29/2023 12:28 PM] |
Filing 47 Judgment entered as to Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. [Entered: 08/31/2023 11:02 AM] |
Filing 46 Opinion issued by court as to Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Signed. The opinion is also available through the Court's Opinions page at this link # http://www.ca11.uscourts.gov/opinions . [Entered: 08/31/2023 10:57 AM] |
Filing 45 Oral argument held this date. Oral Argument presented by Patrick A. Barthle for Appellants Carolyn Nolen, Cara Kelley, Paula Litton and Windy Kelley and Joseph H. Lang, Jr. for Appellee Fairshare Vacation Owners Association. [Entered: 03/08/2023 11:13 AM] |
Filing 44 This Court's Order (Document 42-2) [ # 41 ] dated 03/02/2023 as to Appellee Wyndham Vacation Resorts, Inc. has been RECALLED. Please disregard this order in its entirety. The Corrected Court's Order is Document 42-1. [Entered: 03/02/2023 01:15 PM] |
Filing 42 ORDER: Appellee's motion to apear at oral argument over Zoom is GRANTED. Counsel for Appellee is directed to coordinate with the clerk to set up his Zoom appearance. RJL (See attached order for complete text) [Entered: 03/01/2023 02:54 PM] |
Filing 41 TIME SENSITIVE MOTION To reset the March 8, 2023, oral argument as a Zoom session for all parties or, in the alternative, reschedule the oral argument for a time when counsel for all parties may attend in person. filed by Fairshare Vacation Owners Association. Motion is Opposed. [41] [22-11128] (ECF: Joseph Lang) [Entered: 02/28/2023 07:45 PM] |
Filing 40 Attorney Patrick A. Barthle for Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen hereby acknowledges receipt of a copy of the printed calendar for 03/06/2023. Patrick A. Barthle, 813.229.4023 will present argument. [22-11128] (ECF: Patrick Barthle) [Entered: 01/25/2023 04:41 PM] |
Filing 39 APPEARANCE of Counsel Form filed by Patrick A. Barthle for Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. [22-11128] (ECF: Patrick Barthle) [Entered: 01/25/2023 04:39 PM] |
Filing 38 Attorney Kenya Jamila Reddy for Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen hereby acknowledges receipt of a copy of the printed calendar for 01/16/2023. Patrick A. Barthle, Telephone Number (813) 229-4023 will present argument. [22-11128] (ECF: Kenya Reddy) [Entered: 01/16/2023 02:15 PM] |
Filing 37 Attorney John Yanchunis for Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen hereby acknowledges receipt of a copy of the printed calendar for 01/16/2023. Patrick A. Barthle, Telephone Number (813) 229-4023 will present argument. [22-11128] (ECF: John Yanchunis) [Entered: 01/16/2023 02:14 PM] |
Filing 36 Attorney Joseph H. Lang, Jr. for Appellee Fairshare Vacation Owners Association hereby acknowledges receipt of a copy of the printed calendar for 03/08/2023. Joseph H. Lang, Jr. (813) 229-4253 will present argument. [22-11128] (ECF: Joseph Lang) [Entered: 01/13/2023 03:30 PM] |
Filing 35 Attorney James M Terrell for Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen hereby acknowledges receipt of a copy of the printed calendar for 03/08/2023. Patrick Barthle - (813) 229-4023 will present argument. [22-11128] (ECF: James Terrell) [Entered: 01/11/2023 11:21 AM] |
Filing 34 Oral argument scheduled. Argument Date: Wednesday, 03/08/2023 Argument Location: Jacksonville, FL. [Entered: 01/11/2023 09:40 AM] |
Filing 33 Attorney Kevin P. McCoy for Appellees Fairshare Vacation Owners Association, RCI LLC and Wyndham Vacation Resorts, Inc. hereby acknowledges receipt of a copy of the printed calendar for 03/08/2023. Joseph H. Lang, Jr. - phone number: 813.229.4253 will present argument. [22-11128] (ECF: Kevin McCoy) [Entered: 01/10/2023 03:25 PM] |
Filing 32 Calendar issued as to cases to be orally argued the week of 03/06/2023 in Jacksonville, Florida. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF (a document upload is not required). [Entered: 01/10/2023 09:54 AM] |
Filing 31 Additional copies of APPELLANT'S BRIEF, APPENDIX AND REPLY BRIEF received from John Yanchunis for Carolyn Nolen, Cara Kelley, Paula Litton and Windy Kelley and forwarded to the record room. [Entered: 11/16/2022 11:33 AM] |
Filing 30 Assigned to tentative calendar number 12 in Jacksonville during the week of March 6, 2023. You must file an additional 3 identical paper copies of the briefs and appendices within 7 days of the date of this notice, unless you previously provided the additional copies. [Entered: 11/10/2022 02:29 PM] |
Filing 29 Received 4 paper copies of EBrief, filed by Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. [Entered: 10/12/2022 02:28 PM] |
Reply Brief filed by Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. [22-11128] (ECF: John Yanchunis) [Entered: 10/11/2022 01:12 PM] |
ORDER: Motion for extension to file reply brief filed by Appellants Carolyn Nolen, Cara Kelley, Paula Litton and Windy Kelley is GRANTED by clerk [ # 9760602-2 ]. Reply brief due on 10/11/2022. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 09/14/2022 04:03 PM] |
MOTION for extension of time to file reply brief to 10/11/2022 filed by Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. Motion is Unopposed. [9760602-1] [22-11128] (ECF: John Yanchunis) [Entered: 09/14/2022 03:53 PM] |
Received 4 paper copies of EBrief, filed by Appellee Fairshare Vacation Owners Association. [Entered: 09/08/2022 08:51 AM] |
Appellee's Brief filed by Appellee Fairshare Vacation Owners Association. [22-11128] (ECF: Joseph Lang) [Entered: 09/06/2022 11:47 AM] |
APPEARANCE of Counsel Form filed by Kevin P. McCoy for Fairshare Vacation Owners Association, RCI LLC and Wyndham Vacation Resorts, Inc.. [22-11128] (ECF: Kevin McCoy) [Entered: 08/29/2022 02:25 PM] |
APPEARANCE of Counsel Form filed by Chris S. Coutroulis for Fairshare Vacation Owners Association, RCI LLC and Wyndham Vacation Resorts, Inc.. [22-11128] (ECF: Chris Coutroulis) [Entered: 08/29/2022 04:07 PM] |
Over the phone extension granted by clerk as to Attorney Joseph H. Lang, Jr. for Appellee Fairshare Vacation Owners Association. Appellee's Brief due on 09/06/2022 as to Appellee Fairshare Vacation Owners Association.. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 07/07/2022 12:47 PM] |
UNREDACTED Appellant's brief filed by Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. Service date: 07/06/2022 [22-11128] Attorney for Appellee: Allen - email; Attorney for Appellee: Coutroulis - email; Attorney for Appellee: Foell - email; Attorney for Appellee: Lang - email; Attorney for Appellee: McCoy - email. [Entered: 07/06/2022 03:39 PM] |
ORDER: Appellants Motion to Seal Unredacted Opening Brief is GRANTED. [ # 9696333-2 ] CRW (See attached order for complete text) [Entered: 07/06/2022 03:35 PM] |
Received paper copies of EAppendix filed by Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. 3 VOLUMES - 2 COPIES [Entered: 06/27/2022 11:03 AM] |
Appendix filed [3 VOLUMES] by Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. [22-11128] (ECF: John Yanchunis) [Entered: 06/24/2022 08:27 AM] |
Received 4 paper copies of EBrief, filed by Appellants Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. [Entered: 06/21/2022 03:02 PM] |
Appellant's brief filed by Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. [22-11128] (ECF: John Yanchunis) [Entered: 06/17/2022 03:18 PM] |
MOTION to seal filed by Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. Opposition to Motion is Unknown. [9696333-1] [22-11128] (ECF: John Yanchunis) [Entered: 06/17/2022 03:17 PM] |
APPEARANCE of Counsel Form filed by Kenya J. Reddy for Carolyn Nolen, Cara Kelley, Windy Kelley, and Paula Litton [22-11128] (ECF: Kenya Reddy) [Entered: 05/20/2022 02:24 PM] |
Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [Entered: 05/11/2022 03:06 PM] |
Over the phone extension granted by clerk as to Attorney John Yanchunis for Appellants Carolyn Nolen, Cara Kelley, Paula Litton and Windy Kelley. Appellants brief due on 06/17/2022, with the appendix due seven days from the filing of the brief. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 05/09/2022 02:57 PM] |
APPEARANCE of Counsel Form filed by Nathaniel G. Foell for Fairshare Vacation Owners Association Nathaniel Garrett Foell for Fairshare Vacation Owners Association, RCI LLC and Wyndham Vacation Resorts, Inc.. [22-11128] (ECF: Nathaniel Foell) [Entered: 05/04/2022 01:11 PM] |
Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Joseph H. Lang, Jr. for Appellee Fairshare Vacation Owners Association. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-11128] (ECF: Joseph Lang) [Entered: 05/02/2022 04:37 PM] |
NOTICE OF CIP FILING DEFICIENCY to John Yanchunis for Carolyn Nolen, Cara Kelley, Paula Litton and Windy Kelley. You are receiving this notice because you have not completed the Web-Based Stock Ticker Symbol Certificate of Interested Persons (CIP) via the Court's public web-page. Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. If you are an appellant or petitioner, upon expiration of 14 days from the date of this notice, your appeal will be dismissed for want of prosecution if the default has not been remedied, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b). If you are an appellee or respondent, no action will be taken on documents submitted until the CIP deficiency is remedied. See 11th Cir. R. 26.1-5. [Entered: 04/26/2022 12:36 PM] |
APPEARANCE of Counsel Form filed by David Matthew Allen for Fairshare Vacation Owners Association, RCI LLC and Wyndham Vacation Resorts, Inc.. [22-11128] (ECF: David Allen) [Entered: 04/26/2022 11:34 AM] |
Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney John Yanchunis for Appellants Cara Kelley, Vindy Kelley, Paula Litton and Carolyn Nolen. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-11128] (ECF: John Yanchunis) [Entered: 04/25/2022 02:05 PM] |
Civil Appeal Statement filed by Attorney John Yanchunis for Appellants Cara Kelley, Vindy Kelley, Paula Litton and Carolyn Nolen. [22-11128] (ECF: John Yanchunis) [Entered: 04/25/2022 02:01 PM] |
APPEARANCE of Counsel Form filed by John Yanchunis for Cara Kelley, Vindy Kelley, Paula Litton and Carolyn Nolen. [22-11128] (ECF: John Yanchunis) [Entered: 04/25/2022 01:46 PM] |
APPEARANCE of Counsel Form filed by James M Terrell for Cara Kelley, Windy Kelley, Paula Litton and Carolyn Nolen. [22-11128] (ECF: James Terrell) [Entered: 04/25/2022 06:04 PM] |
APPEARANCE of Counsel Form filed by Joseph H. Lang, Jr. for Fairshare Vacation Owners Association [22-11128] (ECF: Joseph Lang) [Entered: 04/25/2022 08:30 PM] |
CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Cara Kelley on 04/07/2022. Fee Status: Fee Paid. No hearings to be transcribed. The appellant's brief is due on or before 05/18/2022. The appendix is due no later than 7 days from the filing of the appellant's brief. Awaiting Appellant's Certificate of Interested Persons due on or before 04/25/2022 as to Appellant Cara Kelley. Awaiting Appellee's Certificate of Interested Persons due on or before 05/09/2022 as to Appellee Fairshare Vacation Owners Association [Entered: 04/11/2022 12:44 PM] |
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Plaintiff / appellant: CAROLYN NOLEN, on behalf of herself and all others similarly situated | |
Represented By: | Bradford D. Barron |
Represented By: | Patrick A. Barthle |
Represented By: | Rodney E. Miller |
Represented By: | James M. Terrell |
Represented By: | John Yanchunis |
Represented By: | Kenya Jamila Reddy |
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Plaintiff / appellant: VINDY KELLEY, on behalf of herself and all others similarly situated | |
Represented By: | Bradford D. Barron |
Represented By: | Patrick A. Barthle |
Represented By: | Rodney E. Miller |
Represented By: | James M. Terrell |
Represented By: | John Yanchunis |
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Plaintiff / appellant: CARA KELLEY, on behalf of herself and all others similarly situated | |
Represented By: | Bradford D. Barron |
Represented By: | Patrick A. Barthle |
Represented By: | Rodney E. Miller |
Represented By: | James M. Terrell |
Represented By: | John Yanchunis |
Represented By: | Kenya Jamila Reddy |
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Plaintiff / appellant: PAULA LITTON, on behalf of herself and all others similarly situated | |
Represented By: | Bradford D. Barron |
Represented By: | Patrick A. Barthle |
Represented By: | Rodney E. Miller |
Represented By: | James M. Terrell |
Represented By: | John Yanchunis |
Represented By: | Kenya Jamila Reddy |
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Plaintiff / appellant: WINDY KELLEY, on behalf of herself and all others similarly situated | |
Represented By: | John Yanchunis |
Represented By: | Bradford D. Barron |
Represented By: | Patrick A. Barthle |
Represented By: | Rodney E. Miller |
Represented By: | Kenya Jamila Reddy |
Represented By: | James M. Terrell |
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Defendant / appellee: WYNDHAM VACATION RESORTS, INC. | |
Represented By: | David Matthew Allen |
Represented By: | Chris S. Coutroulis |
Represented By: | Nathaniel Garrett Foell |
Represented By: | Kevin P. McCoy |
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Defendant / appellee: FAIRSHARE VACATION OWNERS ASSOCIATION | |
Represented By: | David Matthew Allen |
Represented By: | Chris S. Coutroulis |
Represented By: | Nathaniel Garrett Foell |
Represented By: | Kevin P. McCoy |
Represented By: | Joseph H. Lang Jr. |
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Defendant / appellee: RCI LLC | |
Represented By: | David Matthew Allen |
Represented By: | Chris S. Coutroulis |
Represented By: | Nathaniel Garrett Foell |
Represented By: | Kevin P. McCoy |
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