Westgate Resort, Ltd. et al v. Reed Hein & Associates, LLC et al
Plaintiff: Westgate Branson Woods Owners Association, Inc., Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate GV at Emerald Pointe, LLC, Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Vacation Villas, LLC, Westgate Resort, Ltd., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Palace, LLC, Westgate Vacation Villas Owners Association, Inc., Westgate Towers, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Lakes Owners Association, Inc., Westgate Resorts, Inc., Westgate Palace Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Town Center Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate GV at Painted Mountain, LLC, Westgate River Ranch Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Cedar Ridge at the Woods Condominium Owners Association, Inc. and Westgate Resorts, Ltd.
Defendant: Brandon Reed, Thomas James Breen, Ken B. Privett, Thomas Parenteau, James D. Hailey, Reed Hein & Associates, LLC, Trevor Hein, Schroeter Goldmark & Bender, P.S., Ken B. Privett PLC and Reed Hein & Associates, LLC doing business as Timeshare Exit Team
Case Number: 6:2018cv01088
Filed: July 9, 2018
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Orange
Presiding Judge: Daniel C Irick
Referring Judge: Gregory J Kelly
2 Judge: Gregory A Presnell
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2021 Opinion or Order Filing 441 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint, #2 Order of Dismissal) (RDO)
August 10, 2021 Opinion or Order Filing 440 ORDER dismissing case with prejudice re #439 Notice of settlement and stipulation of dismissal with prejudice. The Clerk is directed to close the case. Signed by Judge Gregory A. Presnell on 8/10/2021. (LAM)
August 9, 2021 Opinion or Order Filing 439 NOTICE of settlement and Joint Stipulation of Dismissal with Prejudice by Westgate Resorts, Ltd. (Marder, Michael)
August 5, 2021 Opinion or Order Filing 438 PLAINTIFF'S SETTLEMENT STATUS report by Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Epstein, Richard) Text modified on 8/6/2021 (RDO).
July 28, 2021 Opinion or Order Filing 437 ENDORSED ORDER: Plaintiffs shall advise the Court by August 5, 2021, as to when it is expected that final payment pursuant to the settlement agreement is to be made and a stipulation of dismissal with prejudice filed with the court (See Doc. 431). Signed by Judge Gregory A. Presnell on 7/28/2021. (LAM)
July 16, 2021 Opinion or Order Filing 436 PERMANENT INJUNCTION against Reed Hein & Associates, LLC, Brandon Reed, Trevor Hein, and Thomas Parenteau. The parties shall notify the Court when the remaining criteria stipulated to have been fulfilled so that the Court can close the case. Signed by Judge Gregory A. Presnell on 7/16/2021. (MJB)
July 16, 2021 Opinion or Order Filing 435 ENDORSED ORDER granting #431 Motion for Permanent Injunction. The Court will issue a permanent injunction separately. Following the issuance of that injunction, the parties shall notify the Court when the remaining criteria stipulated to in the motion have been fulfilled so that the Court can close the case. Signed by Judge Gregory A. Presnell on 7/16/2021. (MJB)
July 15, 2021 Opinion or Order Filing 434 NOTICE by Westgate Resorts, Ltd. of Filing Revised Stipulated Final Permanent Injunction Order (Attachments: #1 Main Document)(Cummings, Brian)
July 13, 2021 Opinion or Order Filing 433 Minute Entry for telephonic proceedings held before Judge Gregory A. Presnell on 7/13/2021 re #431 Joint MOTION for Permanent Injunction . Court Reporter: Heather Suarez. (LAM)
July 12, 2021 Opinion or Order Filing 432 NOTICE of TELEPHONIC STATUS HEARING re #431 Joint MOTION for Permanent Injunction . TELEPHONIC Hearing set for 7/13/2021 at 10:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Counsel may join the conference by dialing 1-888-251-2909. The access code is 3426553. The security code for the conference will be 0713. The conference will be activated by 9:50 AM. (LAM)
July 9, 2021 Opinion or Order Filing 431 Joint MOTION for Permanent Injunction by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit A)(Cummings, Brian)
July 9, 2021 Opinion or Order Filing 430 ENDORSED ORDER denying as moot #421 Motion for Reconsideration / Clarification. Signed by Judge Gregory A. Presnell on 7/9/2021. (LAM)
July 8, 2021 Opinion or Order Filing 429 NOTICE continuing until further order jury trial scheduled for 7/13/2021. See order #428. (LAM)
July 8, 2021 Opinion or Order Filing 428 ORDER re #427 Notice of settlement. The trial in this case is continued until further order. The parties shall file a notice of full settlement and stipulation of dismissal of this case by August 9, 2021, otherwise the trial will be reset without further notice to begin September 14, 2021. Signed by Judge Gregory A. Presnell on 7/8/2021. (LAM)
July 8, 2021 Opinion or Order Filing 427 NOTICE of settlement by Westgate Resorts, Ltd. (Cummings, Brian)
July 7, 2021 Opinion or Order Filing 426 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Nikki L. Peters. (NLP)
July 7, 2021 Opinion or Order Filing 425 TRANSCRIPT of Final Pretrial Conference held on June 29, 2021 before Judge Gregory A. Presnell. Court Reporter/Transcriber Nikki Peters, RPR, CRR, CRC,Telephone number 407-443-0144, courttranscripts@outlook.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 7/28/2021 Redacted Transcript Deadline set for 8/9/2021 Release of Transcript Restriction set for 10/5/2021. (NLP)
July 6, 2021 Opinion or Order Filing 424 NOTICE by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC re #419 Trial Management Order NOTICE OF FILING TET DEFENDANTS' "A" EXHIBIT LIST (Attachments: #1 Exhibit TET "A" Exhibit List)(Benford, John)
July 6, 2021 Opinion or Order Filing 423 NOTICE by Westgate Resorts, Ltd. of Filing Plaintiffs "A" List and "B" List of Exhibits (Attachments: #1 Exhibit "A" List, #2 Exhibit "B" List)(Cummings, Brian)
July 6, 2021 Opinion or Order Set/reset deadlines as to #421 MOTION for Clarification re #410 Order on Motion in Limine . Responses due by 7/9/2021 (RDO)
July 2, 2021 Opinion or Order Filing 422 ENDORSED ORDER directing Westgate to respond to #421 MOTION for Clarification. Response due by 7/9/2021. Signed by Judge Gregory A. Presnell on 7/2/2021. (MJB)
July 1, 2021 Opinion or Order Filing 421 MOTION for Clarification re #410 Order on Motion in Limine by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
June 30, 2021 Opinion or Order Filing 420 NOTICE of Filing Corrected Transcripts by Westgate Resorts, Ltd. re #386 Notice (Attachments: #1 Replacement Deposition of Anthony Kincaid (DE386-5), #2 Replacement Deposition of Victor Mensa-Shebra (DE386-7, #3 Replacement Deposition of Arnold Mullins (DE368-8), #4 Replacement Deposition of Yorlenis Valentin (DE386-13))(Cummings, Brian) Modified on 7/1/2021 (RDO).
June 29, 2021 Opinion or Order Filing 419 TRIAL ORDER for the jury trial (phase one) commencing 7/13/2021. Signed by Judge Gregory A. Presnell on 6/29/2021. (LAM)
June 29, 2021 Opinion or Order Filing 418 JURY VERDICT (version one) provided to counsel at the 6/29/2021 final pretrial conference for review and final charge conference. (LAM)
June 29, 2021 Opinion or Order Filing 417 JURY INSTRUCTIONS (version one) provided to counsel at the 6/29/2021 final pretrial conference for review and future charge conference.(LAM)
June 29, 2021 Opinion or Order Filing 416 Minute Entry for final pretrial conference held before Judge Gregory A. Presnell on 6/29/2021. Court Reporter: Nikki L. Peters. (LAM)
June 28, 2021 Opinion or Order Filing 415 ORDER granting #412 Motion to Allow Electronic Equipment. Signed by Judge Gregory A. Presnell on 6/28/2021. (LAM)
June 28, 2021 Opinion or Order Filing 414 ENDORSED ORDER. For reasons unknown to the Court, counsel filed two essentially identical motions requesting permission to attend the June 29, 2021, final pretrial conference telephonically. The second motion, Doc. #413, is GRANTED. The first, Doc. #411, is DENIED as moot. Counsel shall join the conference by dialing 1-888-251-2909. The access code is 3426553. The security code for the conference will be 0629. The conference will be activated by 9:50 AM. Counsel should join the conference no later than five minutes prior to the hearing. Signed by Judge Gregory A. Presnell on 6/28/2021. (LAM)
June 27, 2021 Opinion or Order Filing 413 Unopposed MOTION for Panda Kroll to appear telephonically at June 29, 2021 Pre-Trial Conference by Reed Hein & Associates, LLC. (Kroll, Panda) Motions referred to Magistrate Judge Daniel C. Irick.
June 25, 2021 Opinion or Order Filing 412 Joint MOTION to Allow Electronic Equipment, specifically Technological Equipment by All Plaintiffs. (Backman, Jeffrey)
June 25, 2021 Opinion or Order Filing 411 Unopposed MOTION for Panda Kroll to appear telephonically at June 29, 2021 Pre-Trial Conference by Reed Hein & Associates, LLC. (Kroll, Panda) Motions referred to Magistrate Judge Daniel C. Irick.
June 24, 2021 Opinion or Order Filing 410 ORDER resolving #318 Motion in Limine and #319 Motion in Limine. Signed by Judge Gregory A. Presnell on 6/24/2021. (MJB)
June 24, 2021 Opinion or Order Filing 409 ORDER ruling on objections to the deposition designations for witness Marlene Thorne. Signed by Judge Gregory A. Presnell on 6/24/2021. (LAM)
June 24, 2021 Opinion or Order Filing 408 ORDER ruling on objections to the deposition designations for witness Letitia Marie Lowery. Signed by Judge Gregory A. Presnell on 6/24/2021. (LAM)
June 24, 2021 Opinion or Order Filing 407 ORDER ruling on objections to the deposition designations for witness Robert Bogle. Signed by Judge Gregory A. Presnell on 6/24/2021. (LAM)
June 24, 2021 Opinion or Order Filing 406 ORDER ruling on objections to the deposition designations for witness Jeffery W. Prairie. Signed by Judge Gregory A. Presnell on 6/24/2021. (LAM)
June 24, 2021 Opinion or Order Filing 405 ENDORSED ORDER denying as moot #317 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 6/24/2021. (Presnell, Gregory)
June 23, 2021 Opinion or Order Filing 404 NOTICE of Filing Plaintiff's Exhibits supporting Causation for Westgate Owners - Category Three by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC re #395 Order (Attachments: #1 Exhibit PLTS EXH 352 Cat 3 Owners, #2 Exhibit PLTS EXH 450 Cat 3 Owners, #3 Exhibit PLTS EXH 452 Cat 3 Owners, #4 Exhibit PLTS EXH 454 Cat 3 Owners, #5 Exhibit PLTS EXH 453 Cat 3 Owners, #6 Exhibit PLTS EXH 455 Cat 3 Owners, #7 Exhibit PLTS EXH 456 Cat 3 Owners, #8 Exhibit PLTS EXH 457 Cat 3 Owners, #9 Exhibit PLTS EXH 458 Cat 3 Owners, #10 Exhibit PLTS EXH 459 Cat 3 Owners, #11 Exhibit PLTS EXH 460 Cat 3 Owners, #12 Exhibit PLTS EXH 462 Cat 3 Owners, #13 Exhibit PLTS EXH 463 Cat 3 Owners, #14 Exhibit PLTS EXH 464 Cat 3 Owners, #15 Exhibit PLTS EXH 465 Cat 3 Owners, #16 Exhibit PLTS EXH 467 Cat 3 Owners, #17 Exhibit PLTS EXH 468 Cat 3 Owners, #18 Exhibit PLST EXH 486 Damages Summary Cat 3 Owners, #19 Exhibit PLTS EXH 487 Cat 3 Owners, #20 Exhibit PLTS EXH 488 Cat 3 Owners)(Marder, Michael) Text modified on 6/24/2021 (RDO).
June 23, 2021 Opinion or Order Filing 403 NOTICE of Filing Plaintiff's Exhibits supporting Causation for Westgate Owners-Category Two by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC re #395 Order (Attachments: #1 Exhibit PLTS EXH 102, #2 Exhibit PLTS EXH 402, #3 Exhibit PLTS EXH 403, #4 Exhibit PLTS EXH 404, #5 Exhibit PLTS EXH 405, #6 Exhibit PLTS EXH 407, #7 Exhibit PLTS EXH 408, #8 Exhibit PLTS EXH 409, #9 Exhibit PLTS EXH 410, #10 Exhibit PLTS EXH 411, #11 Exhibit PLTS EXH 412, #12 Exhibit PLTS EXH 413, #13 Exhibit PLTS EXH 414, #14 Exhibit PLTS EXH 415, #15 Exhibit PLTS EXH 416, #16 Exhibit PLTS EXH 418, #17 Exhibit PLTS EXH 419, #18 Exhibit PLTS EXH 420, #19 Exhibit PLTS EXH 421, #20 Exhibit PLTS EXH 422, #21 Exhibit PLTS EXH 423, #22 Exhibit PLTS EXH 425, #23 Exhibit PLTS EXH 426, #24 Exhibit PLTS EXH 427, #25 Exhibit PLTS EXH 428, #26 Exhibit PLTS EXH 429, #27 Exhibit PLTS EXH 430, #28 Exhibit PLTS EXH 431, #29 Exhibit PLTS EXH 471, #30 Exhibit PLTS EXH 474, #31 Exhibit PLTS EXH 476, #32 Exhibit PLTS EXH 480, #33 Exhibit PLTS EXH 485, #34 Exhibit PLTS EXH 487)(Marder, Michael) Text modified on 6/24/2021 (RDO).
June 22, 2021 Opinion or Order Filing 402 ORDER ruling on objections to the deposition designations for witness Barbara Adams. Signed by Judge Gregory A. Presnell on 6/22/2021. (LAM)
June 22, 2021 Opinion or Order Filing 401 ORDER ruling on objections to the deposition designations for witness Scott Vires. Signed by Judge Gregory A. Presnell on 6/22/2021. (LAM)
June 22, 2021 Opinion or Order Filing 400 ORDER ruling on objections to the deposition designations for witness Nels N. Jensen. Signed by Judge Gregory A. Presnell on 6/22/2021. (LAM)
June 21, 2021 Opinion or Order Filing 399 ORDER ruling on objections to the deposition designations for witness Matthew Parker. Signed by Judge Gregory A. Presnell on 6/21/2021. (LAM)
June 21, 2021 Opinion or Order Filing 398 ORDER ruling on objections to the deposition designations for witness Carolyn Dupuie. Signed by Judge Gregory A. Presnell on 6/21/2021. (LAM)
June 21, 2021 Opinion or Order Filing 397 ORDER ruling on objections to the deposition designations for witness Valerie L. McDowell. Signed by Judge Gregory A. Presnell on 6/21/2021. (LAM)
June 21, 2021 Opinion or Order Filing 396 ORDER ruling on objections to the deposition designations for witness Denise D. Stewart. Signed by Judge Gregory A. Presnell on 6/21/2021. (LAM)
June 16, 2021 Opinion or Order Filing 395 ORDER directing plaintiff to file and submit certain exhibits by June 23, 2021. See Order for details. Signed by Judge Gregory A. Presnell on 6/16/2021. (MJB)
June 16, 2021 Opinion or Order Filing 394 ORDER ruling on objections to the deposition designations for witness Scott Loughran (8/28/2019 testimony). Signed by Judge Gregory A. Presnell on 6/16/2021. (LAM)
June 15, 2021 Opinion or Order Filing 393 RESPONSE in Opposition re #319 Second MOTION In Limine (Revised) regarding Alternatively, Motion to Bifurcate Punitive Damages Claim (Issue No. 3) and Supporting Memorandum filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Cummings, Brian)
June 15, 2021 Opinion or Order Filing 392 RESPONSE in Opposition re #318 Amended MOTION In Limine For Jury Trial, and Supporting Memorandum of Law filed by Reed Hein & Associates, LLC. (Benford, John)
June 15, 2021 Opinion or Order Filing 391 ORDER ruling on objections to the deposition designations for witness Scott Loughran (8/1/2018 testimony). Signed by Judge Gregory A. Presnell on 6/15/2021. (LAM)
June 14, 2021 Opinion or Order Filing 390 NOTICE of Errata by Reed Hein & Associates, LLC re #375 Notice (of Objections. (Benford, John) Modified on 6/15/2021 (RDO).
June 14, 2021 Opinion or Order Filing 389 ORDER ruling on objections to the deposition designations for witness Tanya Freeman. Signed by Judge Gregory A. Presnell on 6/14/2021. (LAM)
June 11, 2021 Opinion or Order Filing 388 NOTICE by Westgate Resorts, Ltd. of Filing Thirty-One Color Coded Deposition Transcripts for Owner Witnesses of Testimony Designated By Both Plaintiffs and Defendants For Presentation in Their Respective Cases (Attachments: #1 Deposition of Robert Bogle, #2 Deposition of Scott Brown, #3 Deposition of Pattie Burns, #4 Deposition of Catarina Chavez, #5 Deposition of Chantell Cogdell, #6 Deposition of Eric Damron, #7 Deposition of James Denson, #8 Deposition of Carolyn Dupuie, #9 Deposition of Sophia Elmore, #10 Deposition of Glen Gaugh (11/11/2019), #11 Deposition of Glen Gaugh (02/07/2020), #12 Deposition of Steven Graham, #13 Deposition of Karen Holmes, #14 Deposition of Jeffrey Howie, #15 Deposition of Ramchand Jaipaul, #16 Deposition of Nels Jensen, #17 Deposition of Gregory Jorgenson, #18 Deposition of Martin Lawrence, Jr., #19 Deposition of Letitia Lowrey, #20 Deposition of Roberto Martinez, #21 Deposition of Aubrey McCord, #22 Deposition of David McDaniel, #23 Deposition of Emeka Nicholas (11/8/2019), #24 Deposition of Emeka Nicholas (2/7/2020), #25 Deposition of Matthew Parker, #26 Deposition of Jeffery Prairie, #27 Deposition of Craig Spears, #28 Deposition of Denise Stewart, #29 Deposition of James Travis, #30 Deposition of Ben Trowell, #31 Deposition of Tommi Jo Winter)(Cummings, Brian)
June 11, 2021 Opinion or Order Filing 387 NOTICE by Westgate Resorts, Ltd. of Filing Twenty-Four Color Coded Deposition Transcripts for Owner Witnesses of Testimony Designated Only for Timeshare Exit Team's Case (Attachments: #1 Deposition of Amber Bartholow, #2 Deposition of Cedric Bland, #3 Deposition of Barbara Boring, #4 Deposition of Stephen Bufkin, #5 Deposition of Jean Chatwin, #6 Deposition of Thomas Fenstermaker, #7 Deposition of Frederic Foster, #8 Deposition of Robin Futrell, #9 Deposition of Charles Johnston, #10 Deposition of France Jones, #11 Deposition of Rita Kuykendall, #12 Deposition of Bernard Laryea, #13 Deposition of Vernon Leach, #14 Deposition of Luis Malave, #15 Deposition of Martin Molczyk, #16 Deposition of Jocelle Molina, #17 Deposition of Christopher Newbern, #18 Deposition of Betty Porter, #19 Deposition of David Rictor, #20 Deposition of Rhonda Schiestel, #21 Deposition of Eric Stephenson, #22 Deposition of LaVerne Tilghman, #23 Deposition of Gary Turnage, #24 Deposition of Ramon Velazquez)(Cummings, Brian)
June 11, 2021 Opinion or Order Filing 386 NOTICE by Westgate Resorts, Ltd. of Filing Fifteen Color Coded Deposition Transcripts for Owner Witnesses of Testimony Designated Only for Westgate Resorts' Case (Attachments: #1 Deposition of Barbara Adams, #2 Deposition of Edgar Raymond Annett, #3 Deposition of Marcelito Arreola, #4 Deposition of Shawna Cochran, #5 Deposition of Anthony Kincaid, #6 Deposition of Valerie McDowell, #7 Deposition of Victor Mensa-Shebra, #8 Deposition of Arnold Mullins, #9 Deposition of Richard Snyder, #10 Deposition of Lorraine Stoll, #11 Deposition of Richard Tanner, #12 Deposition of Marlene Thorne, #13 Deposition of Yorlenis Valentin, #14 Deposition of Scott Vires, #15 Deposition of Chris Walworth)(Cummings, Brian)
June 11, 2021 Opinion or Order Filing 385 ORDER ruling on objections to the deposition designations for witness Mitchell Reid Sussman. Signed by Judge Gregory A. Presnell on 6/11/2021. (LAM)
June 10, 2021 Opinion or Order Filing 384 AMENDED ORDER amending #383 as to Thomas Breen, adding one ruling. Signed by Judge Gregory A. Presnell on 6/10/2021. (LAM)
June 10, 2021 Opinion or Order Filing 383 ORDER ruling on objections to the deposition designations for witness Thomas Breen. Signed by Judge Gregory A. Presnell on 6/10/2021. (LAM)
June 10, 2021 Opinion or Order Filing 382 ORDER ruling on objections to the deposition designations for witness Ken B. Privett. Signed by Judge Gregory A. Presnell on 6/10/2021. (LAM)
June 10, 2021 Opinion or Order Filing 381 ORDER ruling on the objection to the deposition designations of witness Chasity Porter (8/29/2019 testimony). Signed by Judge Gregory A. Presnell on 6/10/2021. (LAM)
June 10, 2021 Opinion or Order Filing 380 ORDER ruling on objections to the deposition designations for witness Chasity Porter (7/31/2018 testimony). Signed by Judge Gregory A. Presnell on 6/10/2021. (LAM)
June 10, 2021 Opinion or Order Filing 379 NOTICE by Westgate Resorts, Ltd. (Attachments: #1 Deposition of Thomas Breen, #2 Deposition of Tanya Freeman, #3 Deposition of Dan Kosco, #4 Deposition of Scott Loughran (08/1/2018), #5 Deposition of Scott Loughran (08/28/2019), #6 Deposition of Chasity Porter (07/31/2018), #7 Deposition of Chasity Porter (08/29/2018), #8 Deposition of Ken Privett, #9 Deposition of Mitchell Sussman, #10 Deposition of James Hailey (Vol. I), #11 Deposition of James Hailey (Vol. II))(Cummings, Brian)
June 10, 2021 Opinion or Order Filing 378 ORDER. Plaintiffs shall submit to the Court by noon on June 16, 2021, paper copies of certain exhibits. See order for details. Signed by Judge Gregory A. Presnell on 6/10/2021. (LAM)
June 9, 2021 Opinion or Order Filing 377 ORDER striking depositions and ordering retrieval from the courthouse by 4:00 p.m. today. See Order for details and deadlines. Signed by Judge Gregory A. Presnell on 6/9/2021. (LAM)
June 8, 2021 Opinion or Order Filing 376 NOTICE by Reed Hein & Associates, LLC OF OBJECTIONS TO PLAINTIFFS' DEPOSITION COUNTER-DESIGNATIONS FOR TRIAL (Benford, John)
June 8, 2021 Opinion or Order Filing 375 NOTICE by Reed Hein & Associates, LLC OF OBJECTIONS TO PLAINTIFFS' DEPOSITION DESIGNATIONS FOR TRIAL (Benford, John)
June 8, 2021 Opinion or Order Filing 374 NOTICE by Reed Hein & Associates, LLC OF DEPOSITION DESIGNATIONS FOR TRIAL (Benford, John)
June 8, 2021 Opinion or Order Filing 373 NOTICE by Westgate Resorts, Ltd. of Filing Fifty-Six Color Coded Deposition Transcripts for Owner Witnesses (Attachments: #1 Deposition of Amber Bartholow (1/31/2020), #2 Deposition of Cedric Bland (10/9/2019), #3 Deposition of Robert Bogle (10/8/2019), #4 Deposition of Barbara Boring (12/18/2019), #5 Deposition of Scott Brown (8/30/2019), #6 Deposition of Stephen Bufkin (11/8/2019), #7 Deposition of Pattie Burns (1/31/2020), #8 Deposition of Jean Chatwin (11/8/2019), #9 Deposition of Catarina Chavez (1/31/2020), #10 Deposition of Chantell Cogdell (1/31/2020), #11 Deposition of Eric Damron (11/8/2019), #12 Deposition of James Denson (11/8/2019), #13 Deposition of Carolyn DuPuie (8/19/2019), #14 Deposition of Sophia Elmore (11/8/2019_, #15 Deposition of Thomas Fenstermaker (11/8/2019), #16 Deposition of Frederic Foster (1/31/2019), #17 Deposition of Robin Futrell (11/22/2019), #18 Deposition of Glen Gaugh (11/11/2019), #19 Deposition of Glen Gaugh (11/7/2020), #20 Deposition of Steven Graham (2/3/2020), #21 Deposition of Karen Holmes (11/8/2019), #22 Deposition of Jeffrey Howie (11/8/2019), #23 Deposition of Ramchand Jaipaul (1/31/2020), #24 Deposition of Nels Jensen (12/19/2019), #25 Deposition of Charles Johnson (11/8/2019), #26 Deposition of France Jones (2/7/2020), #27 Deposition of Gregory Jorgenson (11/8/2019), #28 Deposition of Rita Kuykendall (11/8/2019), #29 Deposition of Bernard Lareya (1/31/2020), #30 Deposition of Martin Lawrence (1/31/2020), #31 Deposition of Vernon Leach (11/8/2019), #32 Deposition of Letitia Lowery (8/13/2019), #33 Deposition of Luis Malave (11/8/2019), #34 Deposition of Roberto Martinez (11/8/2019), #35 Deposition of Aubrey McCord (11/8/2019), #36 Deposition of David McDaniel (11/8/2019), #37 Deposition of Martin Molcyzk (1/31/2020), #38 Deposition of Jocelle Molina (12/9/2019), #39 Deposition of Christopher Newbern (1/31/2019), #40 Deposition of Emeka Nicholas (11/8/2019), #41 Deposition of Emeka Nicholas (2/7/2020), #42 Deposition of Matthew Parker (11/27/2019), #43 Deposition of Betty Porter (12/6/2019), #44 Deposition of Jeffery Prairie (8/20/2019), #45 Deposition of David Rictor (1/31/2020), #46 Deposition of Rhonda Schiestel (11/22/2019), #47 Deposition of Craig Spears (11/8/2019), #48 Deposition of Eric Stephenson (11/22/2019), #49 Deposition of Denise Stewart (8/16/2019), #50 Deposition of Laverne Tilghman (1/31/2020), #51 Deposition of James Travis (11/8/2019), #52 Deposition of Ben Trowell, Jr. (11/11/2019), #53 Deposition of Gary Turnage (2/6/2020), #54 Deposition of Ramon Velazquez (2/7/2020), #55 Deposition of Chris Walworth (11/8/2019), #56 Deposition of Tommi Jo Winter (1/31/2020))(Cummings, Brian)
June 8, 2021 Opinion or Order Filing 372 NOTICE by Westgate Resorts, Ltd. re #325 Notice (Other) of Filing Eleven Color Coded Deposition Transcripts for Non-Owner Witnesses (Attachments: #1 Deposition of Thomas Breen, August 21, 2019, #2 Deposition of Tanya Freeman taken August 3, 2019, #3 Deposition of Dan Kosco taken August 2, 2018, #4 Deposition of Scott Loughran taken August 1, 2018, #5 Deposition of Scott Loughran taken August 28, 2019, #6 Deposition of Chasity Porter taken July 31, 2018, #7 Deposition of Chasity Porter taken August 29, 2019, #8 Deposition of Ken Privett taken August 30, 2019, #9 Deposition of Mitchell Sussman taken October 3, 2018, #10 Deposition of James Hailey (Vol. I) taken December 17, 2018, #11 Deposition of James Hailey (Vol. II) taken December 17, 2018)(Cummings, Brian)
June 8, 2021 Opinion or Order Filing 371 DEPOSITION of Tommi Jo Winter taken on January 31, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 370 DEPOSITION of Christopher Walworth taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 369 DEPOSITION of Scott Vires taken on February 12, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 368 DEPOSITION of Yorlenis Valentin taken on January 31, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 367 DEPOSITION of Ben Trowell, Jr. taken on November 11, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 366 DEPOSITION of James Travis taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 365 DEPOSITION of Marlene Thorne taken on August 20, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 364 DEPOSITION of Richard Tanner taken on July 12, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 363 DEPOSITION of Lorraine Stoll taken on July 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 362 DEPOSITION of Denise Stewart taken on August 16, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 361 DEPOSITION of Craig Spears taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 360 DEPOSITION of Richard Snyder taken on July 12, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 359 DEPOSITION of Jeffery Prairie taken on August 20, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 358 DEPOSITION of Matthew Parker taken on November 27, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 357 DEPOSITION of Emeka Nicholas taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 356 DEPOSITION of Arnold Mullins taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 355 DEPOSITION of Victor Mensa-Shebra taken on January 31, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 354 DEPOSITION of Valerie McDowell taken on November 26, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 353 DEPOSITION of David McDaniel taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 352 DEPOSITION of Aubrey McCord taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 351 DEPOSITION of Chantell Cogdell taken on January 31, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 350 DEPOSITION of Roberto Martinez taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 349 DEPOSITION of Letitia Lowery taken on August 13, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 348 DEPOSITION of Martin Lawrence, Jr. taken on January 31, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 347 DEPOSITION of Anthony Kincaid taken on January 31, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 346 DEPOSITION of Gregory Jorgenson taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 345 DEPOSITION of Nels Jensen taken on December 19, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 344 DEPOSITION of Ramchand Jaipaul taken on January 31, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 343 DEPOSITION of Jeffrey Howie taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 342 DEPOSITION of Karen Holmes taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 341 DEPOSITION of Steven Graham taken on February 3, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 340 DEPOSITION of Glen Gaugh taken on November 11, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 339 DEPOSITION of Sophia Elmore taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 338 DEPOSITION of Carolyn Dupie taken on August 19, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 337 DEPOSITION of James Denson taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 336 DEPOSITION of Eric Damron taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 335 DEPOSITION of Shawna Cochran taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 334 DEPOSITION of Catarina Chavez taken on January 31, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 333 DEPOSITION of Patti Burns taken on January 31, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 332 DEPOSITION of Scott Brown taken on August 30, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 331 DEPOSITION of Robert Bogle taken on October 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 330 DEPOSITION of Marcelito Arreola taken on January 31, 2020 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 329 DEPOSITION of Edgar Raymond Annet taken on November 8, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 328 DEPOSITION of Barbara Adams taken on December 20, 2019 by Westgate Resorts, Ltd.. . (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 327 NOTICE by Westgate Resorts, Ltd. of Objections to Defendant Reed Hein's Deposition Counter-Designations for Trial (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 326 NOTICE by Westgate Resorts, Ltd. of Counter Designations to Defendants Depositions for Trial (Owners) (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 325 NOTICE by Westgate Resorts, Ltd. of Deposition Designations for Trial (Non-Owners) (Cummings, Brian)
June 8, 2021 Opinion or Order Filing 324 NOTICE by Westgate Resorts, Ltd. of Deposition Designations for Trial (Owners) (Cummings, Brian)
June 8, 2021 Opinion or Order Set/reset deadlines as to #318 Amended MOTION In Limine For Jury Trial, and Supporting Memorandum of Law, #319 Second MOTION In Limine (Revised) regarding Alternatively, Motion to Bifurcate Punitive Damages Claim (Issue No. 3) and Supporting Memorandum. Responses due by 6/15/2021 (RDO)
June 7, 2021 Opinion or Order Filing 323 Witness List by Westgate Resorts, Ltd.. (Cummings, Brian)
June 7, 2021 Opinion or Order Filing 322 ENDORSED ORDER. Responses to the revised motions in limine filed at Docs. #318 and #319 are due by 6/15/2021. Signed by Judge Gregory A. Presnell on 6/7/2021. (LAM)
June 7, 2021 Opinion or Order Filing 321 ENDORSED ORDER denying as moot #274 Motion in Limine, see doc 319. Signed by Judge Gregory A. Presnell on 6/7/2021. (Presnell, Gregory)
June 7, 2021 Opinion or Order Filing 320 ENDORSED ORDER denying as moot #273 Motion in Limine, see doc 318.. Signed by Judge Gregory A. Presnell on 6/7/2021. (Presnell, Gregory)
June 4, 2021 Opinion or Order Filing 319 Second MOTION In Limine (Revised) regarding Alternatively, Motion to Bifurcate Punitive Damages Claim (Issue No. 3) and Supporting Memorandum by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
June 4, 2021 Opinion or Order Filing 318 Amended MOTION In Limine For Jury Trial, and Supporting Memorandum of Law by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cummings, Brian)
June 4, 2021 Opinion or Order Filing 317 Joint MOTION for Extension of Time to File Deposition Designations and Highlighted Transcripts and Delivering to the Court by Westgate Resorts, Ltd.. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
June 2, 2021 Opinion or Order Filing 316 ORDER. By June 7, 2021, Plaintiffs shall file a list of the "A" List testimony they intend to introduce by way of deposition, including the order of those witnesses and the trial day when the deposition is anticipated to be published to the jury. Signed by Judge Gregory A. Presnell on 6/2/2021. (LAM)
May 28, 2021 Opinion or Order Filing 315 JOINT FINAL PRETRIAL statement by all parties. (Attachments: #1 Exhibit A - Plaintiffs' Exhibit List, #2 Exhibit A - Defendants' Exhibit List, #3 Exhibit B - Plaintiffs' Witness List, #4 Exhibit B - Defendants' Witness List, #5 Exhibit C- Joint Proposed Voir Dire Questions)(Cummings, Brian) Modified on 6/1/2021 (RDO).
May 26, 2021 Opinion or Order Filing 314 ENDORSED ORDER granting #313 Motion for Extension of Time. The electronic filing deadline for the color-coded deposition designations, along with the deadline to submit paper copies to the Court, is extended to June 4, 2021. The request to continue using the yellow and orange colors to highlight designations is also granted. Signed by Judge Gregory A. Presnell on 5/26/2021. (LAM)
May 26, 2021 Opinion or Order Filing 313 Joint MOTION for Extension of Time to File Deposition Designations and Highlighted Transcripts with Objections, and Motion for Leave to Continue Using Orange for Defendants' Deposition Designations Pursuant to Original Pretrial Statement by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John) Motions referred to Magistrate Judge Daniel C. Irick.
May 14, 2021 Opinion or Order Filing 312 NOTICE OF RESCHEDULING HEARING: The final pretrial conference previously scheduled for 6/24/2021 is rescheduled. New scheduling date and time: Final Pretrial Conference reset for 6/29/2021 at 10:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (LAM)
May 14, 2021 Opinion or Order Filing 311 ENDORSED ORDER granting #310 Motion to Continue. The final pretrial conference will be rescheduled to June 29, 2021, by separate notice. Signed by Judge Gregory A. Presnell on 5/14/2021. (LAM)
May 13, 2021 Opinion or Order Filing 310 Unopposed MOTION to Continue and Re-Schedule Pretrial Conference to Resolve Scheduling Conflict by Westgate Resorts, Ltd.. (Cummings, Brian)
April 29, 2021 Opinion or Order Filing 309 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Heather Suarez. (HLS)
April 29, 2021 Opinion or Order Filing 308 TRANSCRIPT of Telephonic Status Conference held on 04/23/2021 before Judge Gregory A. Presnell. Court Reporter: Heather Suarez, Telephone number: (407) 744-1567, Email: heathersuarez.usocr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 5/20/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/28/2021. (HLS)
April 29, 2021 Opinion or Order Filing 307 ORDER DISCHARGING #295 Order to show cause. Signed by Judge Gregory A. Presnell on 4/29/2021. (LAM)
April 27, 2021 Opinion or Order Filing 306 RESPONSE TO ORDER TO SHOW CAUSE re #295 Order to show cause, filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cummings, Brian)
April 26, 2021 Opinion or Order Filing 305 ORDER overruling #290 Objection to #285 Judge Irick's Order. Signed by Judge Gregory A. Presnell on 4/26/2021. (MJB)
April 23, 2021 Opinion or Order Filing 304 Minute Entry for telephonic status proceedings held before Judge Gregory A. Presnell on 4/23/2021. Court Reporter: Heather Suarez. (LAM)
April 23, 2021 Opinion or Order Filing 303 NOTICE OF RESCHEDULING HEARING: The final pretrial conference hearing previously scheduled for 6/10/2021 is rescheduled. New scheduling date and time: Final Pretrial Conference reset for 6/24/2021 at 10:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (LAM)
April 23, 2021 Opinion or Order Filing 302 ORDER denying as moot #300 Partially Opposed MOTION for John Y. Benford to conduct pretrial meeting by telephone, or in the alternative, to appear at pretrial conference by telephone. Final Pretrial Conference reset for 6/10/2021 at 10:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial reset for date certain 7/13/2021 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. See order for other deadlines. Signed by Judge Gregory A. Presnell on 4/23/2021. (LAM)
April 23, 2021 Opinion or Order Filing 301 NOTICE of TELEPHONIC STATUS CONFERENCE: TELEPHONIC status conference set for TODAY, 4/23/2021, at 11:00 AM. Counsel shall join the conference by dialing 1-888-251-2909. The access code is 3426553. The security code for the conference will be 0423. The conference will be activated by 10:50 AM. (LAM)
April 22, 2021 Opinion or Order Filing 300 Partially Opposed MOTION for John Y. Benford to conduct pretrial meeting by telephone, or in the alternative, to appear at pretrial conference by telephone by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Baker, Amy) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 4/23/2021 (ALL).
April 22, 2021 Opinion or Order Filing 299 RESPONSE in Opposition re #290 Objection re #285 Order on Motion for Sanctions filed by Reed Hein & Associates, LLC. (Benford, John) Modified on 4/23/2021 (ALL).
April 22, 2021 Opinion or Order Filing 298 ORDER and NOTICE TO COUNSEL: The parties shall electronically file and deliver paper copies to the Court by 4:00 p.m. on Monday, April 26, 2021, their deposition designations and any objections thereto as described in the order. Jury Trial will commence with jury selection and opening statements 5/11/2021 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Signed by Judge Gregory A. Presnell on 4/22/2021. (LAM)
April 22, 2021 Opinion or Order Filing 297 ORDER denying #287 Motion to Compel Appearance at Trial. Signed by Judge Gregory A. Presnell on 4/22/2021. (MJB)
April 21, 2021 Opinion or Order Filing 295 ORDER for Plaintiffs' counsel to show cause why sanctions should not be imposed against them for continuing to disregard the Court's clear rulings on damages. See order for details. Show Cause Response due by 4/27/2021. Signed by Judge Gregory A. Presnell on 4/21/2021. (LAM)
April 21, 2021 Opinion or Order Filing 294 ENDORSED ORDER. The parties are directed to bring a copy of their trial exhibits to the pretrial conference on April 28, 2021. Signed by Judge Gregory A. Presnell on 4/21/2021. (LAM)
April 21, 2021 Opinion or Order Filing 293 ORDER re #287 MOTION to Compel Appearance at Trial, #292 Response in Opposition to Motion. Defendants shall file under seal by 12:00pm on April 22, 2021 a copy of Exhibit A to its Response for the Court's in camera review. Signed by Judge Gregory A. Presnell on 4/21/2021. (MJB)
April 21, 2021 Opinion or Order Sealed Document (S-296). (RDO)
April 20, 2021 Opinion or Order Filing 292 RESPONSE in Opposition re #287 MOTION to Compel Appearance at Trial filed by Reed Hein & Associates, LLC. (Attachments: #1 Exhibit A - Placeholder Document)(Benford, John) Modified on 4/21/2021 (RDO).
April 16, 2021 Opinion or Order Filing 291 PRETRIAL statement by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit A - Plaintiffs' Exhibit List, #2 Exhibit A - Defendants' Exhibit List, #3 Exhibit B - Plaintiffs' Witness List, #4 Exhibit B - Defendants' Witness List, #5 Exhibit C - Plaintiffs' Deposition Designations, #6 Exhibit C - Defendants' Deposition Designations, #7 Exhibit D - Joint Proposed Voir Dire Questions)(Cummings, Brian)
April 8, 2021 Opinion or Order Filing 290 OBJECTION re #285 Order on Motion for Sanctions, Order on Motion for Leave to File Document . (Cummings, Brian)
April 8, 2021 Opinion or Order Set/reset scheduling order deadlines: Pretrial statement due by 4/16/2021 (RDO)
April 7, 2021 Opinion or Order Filing 289 ENDORSED ORDER granting #288 Motion for Extension of Time to File. The parties shall file their pretrial statement on or before April 16, 2021. Signed by Judge Gregory A. Presnell on 4/7/2021. (MJB)
April 7, 2021 Opinion or Order Filing 288 Joint MOTION for Extension of Time to File Joint Pretrial Statement by Westgate Resorts, Ltd.. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
April 6, 2021 Opinion or Order Filing 287 MOTION to Compel Appearance at Trial by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Marder, Michael) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 4/7/2021 (RDO).
March 29, 2021 Opinion or Order Filing 286 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The final pretrial conference previously scheduled for 4/28/2021 at 1:00 PM is rescheduled. New hearing time: Final Pretrial Conference reset for 4/28/2021 at 10:30 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (LAM)
March 25, 2021 Opinion or Order Filing 285 ORDER denying #272 Motion for Sanctions; denying #283 Motion for Leave to File Sur-Reply. See Order. Signed by Magistrate Judge Daniel C. Irick on 3/25/2021. (RN)
March 24, 2021 Opinion or Order Filing 284 RESPONSE in Opposition re #283 MOTION for Leave to File Sur-Reply to Plaintiffs' #272 Motion for Sanctions and Supporting Memorandum. filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1)(Cummings, Brian) Modified on 3/24/2021 (RDO).
March 23, 2021 Opinion or Order Filing 283 MOTION for Leave to File Sur-Reply to Plaintiffs' #272 Motion for Sanctions and Supporting Memorandum by Reed Hein & Associates, LLC. (Benford, John) Modified on 3/24/2021 (RDO).
March 19, 2021 Opinion or Order Filing 282 RESPONSE in Opposition re #274 AMENDED MOTION In Limine regarding Amended Motion in Limine and Alternatively, Motion to Bifurcate Punitive Damages Claim (Issue No. 3) and Supporting Memorandum filed by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Composite Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Cummings, Brian) Modified on 3/22/2021 (RDO).
March 19, 2021 Opinion or Order Filing 281 RESPONSE in Opposition re #273 REVISED OMNIBUS MOTION In Limine for Jury Trial, and Supporting Memorandum of Law, and Withdrawal of Omnibus Motion in Limine (DE 236) filed by Reed Hein & Associates, LLC. (Attachments: #1 Exhibit 1 - Sussman Deposition Excerpt)(Benford, John) Modified on 3/22/2021 (RDO).
March 19, 2021 Opinion or Order Filing 280 ENDORSED ORDER granting #278 Motion to File Excess Pages. Signed by Judge Gregory A. Presnell on 3/19/2021. (LAM)
March 18, 2021 Opinion or Order Filing 279 REPLY in support of #272 MOTION for Sanctions For Non-Disclosure and Spoliation of Documents and Supporting Memorandum of Law filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Cummings, Brian) Modified on 3/19/2021 (RDO).
March 18, 2021 Opinion or Order Filing 278 Joint MOTION to File Excess Pages for Their Responses to Amended Motions in Limine by Westgate Resorts, Ltd.. (Cummings, Brian)
March 10, 2021 Opinion or Order Filing 277 ENDORSED ORDER granting in part #276 Motion for Leave to File Reply in Support of #272 Motion for Sanctions, to the extent that Plaintiffs may file a five-page reply to the response to the Motion for Sanctions by 3/18/2021. The Motion is denied to the extent it requests any other relief. Signed by Magistrate Judge Daniel C. Irick on 3/10/2021.(Irick, Daniel)
March 9, 2021 Opinion or Order Filing 276 MOTION for Leave to File Reply In Support of #272 Motion for Sanctions to Address Defendants' Entirely New Facts & Changed Explanations for Their Destruction of Evidence by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 3/10/2021 (RDO).
March 8, 2021 Opinion or Order Filing 275 RESPONSE in Opposition re #272 MOTION for Sanctions For Non-Disclosure and Spoliation of Documents and Supporting Memorandum of Law filed by Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Ex 1 - Timeline, #2 Exhibit Ex 2 - Stephanie Loosvelt Declaration, #3 Exhibit Ex 3 - Orange Lake's First Req for Prod, #4 Exhibit Ex 4 - Scott Loughran Excerpt, #5 Exhibit Ex 5 - Chasity Porter Excerpt, #6 Exhibit Ex 6 - Wyn's Third Req for Prod, #7 Exhibit Ex 7 - Dione Wrenn Declaration, #8 Exhibit Ex 8 - Chasity Porter Declaration, #9 Exhibit Alyssa Heitman Declaration, #10 Exhibit Andreas Mueller Declaration)(Benford, John)
March 5, 2021 Opinion or Order Filing 274 AMENDED MOTION In Limine regarding Amended Motion in Limine and Alternatively, Motion to Bifurcate Punitive Damages Claim (Issue No. 3) and Supporting Memorandum by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Ex 1 - David Stewart Depo Transcript, #2 Exhibit Ex 2 - Thomas Maronick Depo Transcript, #3 Exhibit Ex 3 - Declaration of Panda Kroll)(Benford, John) Modified on 3/8/2021 (RDO).
March 5, 2021 Opinion or Order Filing 273 REVISED OMNIBUS MOTION In Limine for Jury Trial, and Supporting Memorandum of Law, and Withdrawal of Omnibus Motion in Limine (DE 236) by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cummings, Brian) Modified on 3/8/2021 (RDO).
February 25, 2021 Opinion or Order Filing 272 MOTION for Sanctions For Non-Disclosure and Spoliation of Documents and Supporting Memorandum of Law by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Cummings, Brian)
February 25, 2021 Opinion or Order Filing 271 ENDORSED ORDER granting #270 Joint motion to exceed page limitations. Signed by Judge Gregory A. Presnell on 2/25/2021. (LAM)
February 25, 2021 Opinion or Order Filing 270 Joint MOTION for Miscellaneous Relief, specifically for Leave for the Parties to Exceed the Page Limits for Discovery Motion and Response by Westgate Resorts, Ltd.. (Cummings, Brian)
February 18, 2021 Opinion or Order Filing 269 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Heather Suarez. (HLS)
February 18, 2021 Opinion or Order Filing 268 TRANSCRIPT of Telephonic Status Conference held on 02/18/2021 before Judge Gregory A. Presnell. Court Reporter Heather Suarez, telephone number (407) 744-1567, e-mail: heathersuarez.usocr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 3/11/2021. Redacted Transcript Deadline set for 3/22/2021. Release of Transcript Restriction set for 5/19/2021. (HLS)
February 18, 2021 Opinion or Order Filing 267 NOTICE of DATE CERTAIN JURY TRIAL and FINAL PRETRIAL CONFERENCE: Final Pretrial Conference set for 4/28/2021 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Phase one of trial set for jury trial 5/12/2021 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Please note this trial may need to be rescheduled to the Ocala courthouse. The trial is scheduled for ten days in length. (LAM)
February 18, 2021 Opinion or Order Filing 266 ORDER outlining revised schedule of case. Signed by Judge Gregory A. Presnell on 2/18/2021. (LAM) (LAM). Modified on 2/18/2021 to attach the correct PDF document. NEF regenerated (LAM).
February 18, 2021 Opinion or Order Filing 265 Minute Entry for telephonic status proceedings held before Judge Gregory A. Presnell on 2/18/2021. Court Reporter: Heather Suarez. (LAM)
February 6, 2021 Opinion or Order Filing 264 NOTICE of TELEPHONIC HEARING: Telephonic Status Conference set for 2/18/2021 at 10:00 AM before Judge Gregory A. Presnell. Counsel shall join the conference by dialing 1-888-251-2909. The access code is 3426553. The security code for the conference will be 0218. The conference will be activated by 9:50 AM. (LAM)
January 28, 2021 Opinion or Order Filing 263 NOTICE OF CANCELATION OF STATUS CONFERENCE. Due to unforeseen circumstances, the Court must cancel the telephonic status conference scheduled for TODAY, 1/28/2021. The hearing will be reset at a future time. (LAM)
January 25, 2021 Opinion or Order Filing 262 NOTICE of TELEPHONIC HEARING: A telephonic status conference is set for 1/28/2021 at 09:30 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Counsel shall join the conference by dialing 1-888-251-2909. The access code is 3426553. The security code for the conference will be 0128. The conference will be activated by 9:20 AM. (LAM)
January 22, 2021 Opinion or Order Filing 261 STATUS report on Structure of Trial by Westgate Resorts, Ltd.. (Cummings, Brian)
January 15, 2021 Opinion or Order Filing 260 ENDORSED ORDER granting #259 Joint Motion to Extend the Deadline by Up To One Week for Filing Joint Statement on Re-Structuring Case for Bifurcated Trials. The deadline is extended to 1/22/2021. Signed by Magistrate Judge Daniel C. Irick on 1/15/2021. (Irick, Daniel)
January 15, 2021 Opinion or Order Filing 259 Joint MOTION for Extension of Time to File Joint Statement on Re-Structuring Case for Bifurcated Trials by Westgate Resorts, Ltd.. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
January 14, 2021 Opinion or Order Filing 258 NOTICE of Filing Transcript of December 15, 2020 Pretrial Conference by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC (Attachments: #1 Exhibit Transcript of 12-15-20 Pretrial Conference)(Benford, John) Modified text on 1/15/2021 (ARJ).
January 5, 2021 Opinion or Order Filing 257 NOTICE of change of address by Panda Kroll (Kroll, Panda)
December 30, 2020 Opinion or Order Filing 256 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Nikki L. Peters. (NLP)
December 30, 2020 Opinion or Order Filing 255 TRANSCRIPT of Final Pretrial Conference held on December 15, 2020 before Judge Gregory A. Presnell. Court Reporter/Transcriber Nikki Peters, RPR, CRR, CRC,Telephone number courttranscripts@outlook.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 1/20/2021, Redacted Transcript Deadline set for 2/1/2021, Release of Transcript Restriction set for 3/30/2021. (NLP)
December 15, 2020 Opinion or Order Filing 254 Minute Entry for final pretrial conference and motion proceedings held before Judge Gregory A. Presnell on 12/15/2020. Court Reporter: Nikki L. Peters. (LAM)
December 15, 2020 Opinion or Order Filing 253 NOTICE continuing until further notice jury trial scheduled for 1/12/2021. See order #252. (LAM)
December 15, 2020 Opinion or Order Filing 252 ORDER granting #241 Motion to conduct trial in Orlando. Further, the trial in this case is continued until further notice and the final pretrial suspended. The parties shall file their joint statement by January 15, 2021. Signed by Judge Gregory A. Presnell on 12/15/2020. (LAM)
December 15, 2020 Opinion or Order Filing 251 ENDORSED ORDER granting #250 Motion to Appear Telephonically. Panda Kroll may appear telephonically by dialing 1-888-251-2909. The access code is 3426553. The security code for the conference will be 1215. The conference will be activated by 9:50 AM. In the future, counsel should provide the Court with more notice of her requests to appear telephonically at court proceedings. Signed by Judge Gregory A. Presnell on 12/15/2020. (LAM)
December 14, 2020 Opinion or Order Filing 250 MOTION for Panda Kroll to appear telephonically at December 15, 2020 Pretrial Conference by Reed Hein & Associates, LLC. (Kroll, Panda) Motions referred to Magistrate Judge Daniel C. Irick.
December 14, 2020 Opinion or Order Filing 249 ENDORSED ORDER granting #248 Motion to excuse Attorney Amy Baker's appearance at hearing. Signed by Judge Gregory A. Presnell on 12/14/2020. (LAM)
December 14, 2020 Opinion or Order Filing 248 Unopposed MOTION for Miscellaneous Relief, specifically Excuse Amy Baker from Pretrial Conference by Reed Hein & Associates, LLC. (Baker, Amy)
December 11, 2020 Opinion or Order Filing 247 RESPONSE in Opposition re #235 MOTION In Limine filed by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Comp. Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Comp. Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Comp. Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Cummings, Brian)
December 11, 2020 Opinion or Order Filing 246 RESPONSE in Opposition re #236 MOTION In Limine and Supporting Memorandum filed by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Schiestel Depo Transcript, #2 Exhibit Adams Depo Transcript, #3 Exhibit Porter Declaration, #4 Exhibit Swords Declaration, #5 Exhibit E-mail production of native document)(Benford, John)
December 10, 2020 Opinion or Order Filing 245 ENDORSED ORDER. The Court will not be ruling on objections to the exhibits at the 12/15/2020 final pretrial conference. Therefore, the 237 order requiring the exhibits be brought to the hearing is hereby VACATED. Signed by Judge Gregory A. Presnell on 12/10/2020. (LAM)
December 10, 2020 Opinion or Order Filing 244 NOTICE of hearing on motion re #241 Joint MOTION To Conduct Trial in Orlando and Supporting Memorandum of Law . Motion Hearing set for 12/15/2020 at 10:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell (during Final Pretrial Conference). (LAM)
December 10, 2020 Opinion or Order Filing 243 NOTICE by Reed Hein & Associates, LLC of filing Deposition Counter-Designations for Trial. (Benford, John) Modified on 12/10/2020 (RDO).
December 9, 2020 Opinion or Order Filing 242 NOTICE by Westgate Resorts, Ltd. of Plaintiffs' Counter Designations to Defendants Deposition Designation for Trial, and Designations of Testimony of Jeff Howie (Cummings, Brian)
December 9, 2020 Opinion or Order Filing 241 Joint MOTION for Miscellaneous Relief, specifically To Conduct Trial in Orlando and Supporting Memorandum of Law by Westgate Resorts, Ltd.. (Cummings, Brian)
December 7, 2020 Opinion or Order Filing 240 ENDORSED ORDER granting in part #239 Motion to File Excess Pages. The responses shall not exceed 25 pages in length. Signed by Judge Gregory A. Presnell on 12/7/2020. (LAM)
December 7, 2020 Opinion or Order Filing 239 Joint MOTION to File Excess Pages in Responses to Motions in Limine by Westgate Resorts, Ltd.. (Cummings, Brian)
December 4, 2020 Opinion or Order Filing 238 NOTICE of Appearance by Michael E. Marder on behalf of Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC (Marder, Michael)
December 1, 2020 Opinion or Order Filing 237 (VACATED PER #245 ENDORSED ORDER) ENDORSED ORDER. The parties are hereby ORDERED to bring with them to the 12/15/2020 final pretrial conference all "A" List exhibits to which there is an objection. Signed by Judge Gregory A. Presnell on 12/1/2020. (LAM) Modified on 12/10/2020 (RDO).
November 30, 2020 Opinion or Order Filing 236 MOTION In Limine by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Cummings, Brian)
November 30, 2020 Opinion or Order Filing 235 MOTION In Limine by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Ex 1 - David Stewart Depo, #2 Exhibit Ex 2 - Thomas Maronick Depo, #3 Exhibit Ex 3 - Kroll Declaration, #4 Exhibit Ex 4 - Thomas Parenteau Depo, #5 Exhibit Ex 5 - Brandon Reed Depo, #6 Exhibit Ex 6 - Chasity Porter Depo)(Benford, John)
November 30, 2020 Opinion or Order Filing 234 ENDORSED ORDER granting in part #233 Motion to File Excess Pages. The page limit is increased to 30 pages. Signed by Judge Gregory A. Presnell on 11/30/2020. (LAM)
November 25, 2020 Opinion or Order Filing 233 Joint MOTION for Leave to Exceed Page Limit in Motions in Limine by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John) Modified on 11/25/2020 (RDO).
November 24, 2020 Opinion or Order Filing 232 ENDORSED ORDER. Plaintiffs are directed to submit to the Court by December 7, 2020, a paper copy of their Exhibit List which is attached to the Pretrial Statement (Doc. #230). Signed by Judge Gregory A. Presnell on 11/24/2020. (LAM)
November 24, 2020 Opinion or Order Filing 231 ENDORSED ORDER granting #229 Motion for Extension of Time. Signed by Judge Gregory A. Presnell on 11/24/2020. (LAM)
November 23, 2020 Opinion or Order Filing 230 PRETRIAL statement by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit A - Plaintiffs' Exhibit List, #2 Exhibit A - Defendants' Exhibit List, #3 Exhibit B - Plaintiffs' Witness LIst, #4 Exhibit B - Defendants' Witness List, #5 Exhibit C - Plaintiffs' Deposition Designations, #6 Exhibit C - Defendants' Deposition Designations, #7 Exhibit D - Joint Proposed Voir Dire Questions)(Cummings, Brian)
November 23, 2020 Opinion or Order Filing 229 Joint MOTION for Extension of Time to File Motions in Limine and Other Pretrial Motions by Westgate Resorts, Ltd.. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
November 23, 2020 Opinion or Order Filing 228 NOTICE by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC OF FILING TRANSCRIPT OF NOVEMBER 5, 2020 HEARING (Attachments: #1 Main Document 11-5-20 Hearing Transcript)(Benford, John)
November 23, 2020 Opinion or Order Filing 227 NOTICE of Co-Counsel Appearance by Nicholas A. Shannin on behalf of Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC (Shannin, Nicholas)
November 20, 2020 Opinion or Order Filing 226 NOTICE OF RESCHEDULING HEARING: The final pretrial conference previously scheduled for 12/21/2020 is rescheduled. New scheduling date and time: Final Pretrial Conference reset for 12/15/2020 at 10:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (LAM)
November 17, 2020 Opinion or Order Filing 225 ORDER and NOTICE to the parties of possible change of trial location to Ocala. Signed by Judge Gregory A. Presnell on 11/17/2020. (LAM)
November 15, 2020 Opinion or Order Filing 224 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Heather Suarez. (HLS)
November 15, 2020 Opinion or Order Filing 223 TRANSCRIPT of Telephonic Status Conference and Motion Hearing re: #215 Defendants' Motion for Clarification held on 11/05/2020 before Judge Gregory A. Presnell. Court Reporter Heather Suarez, RPR, FCRR, heathersuarez.usocr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 12/7/2020. Redacted Transcript Deadline set for 12/16/2020. Release of Transcript Restriction set for 2/16/2021. (HLS)
November 13, 2020 Opinion or Order Set/reset scheduling order deadlines: Pretrial statement due by 11/23/2020 (RDO)
November 12, 2020 Opinion or Order Filing 222 ENDORSED ORDER granting #221 Motion for Extension of Time to File Joint Final Pretrial Statement. The deadline is extended to November 23, 2020. Signed by Judge Gregory A. Presnell on 11/12/2020. (LAM)
November 11, 2020 Opinion or Order Filing 221 Unopposed MOTION for Extension of Time to File JOINT FINAL PRETRIAL STATEMENT, AND SUPPORTING MEMORANDUM by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John) Motions referred to Magistrate Judge Daniel C. Irick.
November 5, 2020 Opinion or Order Filing 220 ORDER denying #215 Motion for Clarification. Signed by Judge Gregory A. Presnell on 11/5/2020. (LAM)
November 5, 2020 Opinion or Order Filing 219 NOTICE OF RESCHEDULING HEARING: The final pretrial conference previously scheduled for 12/10/2020 is rescheduled. New scheduling date and time: Final Pretrial Conference reset for 12/21/2020 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell.(LAM)
November 5, 2020 Opinion or Order Filing 218 Minute Entry for telephonic status and motion proceedings held before Judge Gregory A. Presnell on 11/5/2020. Court Reporter: Heather Suarez. (LAM)
November 3, 2020 Opinion or Order Filing 217 NOTICE of telephonic hearing on motion re #215 MOTION for Clarification re #212 Order on Motion for Partial Summary Judgment . Telephonic Motion Hearing set for 11/5/2020 at 10:00 AM before Judge Gregory A. Presnell (in conjunction with the status conference). (LAM) Modified on 11/3/2020 for clarification. NEF regenerated (LAM).
November 3, 2020 Opinion or Order Filing 216 NOTICE of telephonic hearing: TELEPHONIC status conference set for 11/5/2020 at 10:00 AM. Counsel shall join the conference by dialing 1-888-251-2909. The access code is 3426553. The security code for the conference will be 1105. The conference will be activated by 9:50 AM. (LAM)
October 29, 2020 Opinion or Order Filing 215 MOTION for Clarification re #212 Order on Motion for Partial Summary Judgment by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
October 27, 2020 Opinion or Order Filing 214 ENDORSED ORDER granting #213 Motion to conduct pretrial meeting via Zoom, provided the parties can agree on all essential terms. Signed by Judge Gregory A. Presnell on 10/27/2020. (LAM)
October 26, 2020 Opinion or Order Filing 213 Joint MOTION for Miscellaneous Relief, specifically To Conduct Pretrial Meeting Via Zoom by Westgate Resorts, Ltd.. (Cummings, Brian)
October 19, 2020 Opinion or Order Filing 212 ORDER denying as moot #163 Motion for Partial Summary Judgment. Signed by Judge Gregory A. Presnell on 10/19/2020. (LAM)
October 19, 2020 Opinion or Order Filing 211 ORDER denying #130 Motion to Strike expert report and testimony of Steven Wolf. Signed by Judge Gregory A. Presnell on 10/19/2020. (LAM)
October 19, 2020 Opinion or Order Filing 210 ORDER denying as moot #160 Motion to Strike report and testimony of Dr. Loren Naidoo. Signed by Judge Gregory A. Presnell on 10/19/2020. (LAM)
October 19, 2020 Opinion or Order Filing 209 ORDER denying #161 Motion to Strike report and testimony of Michael J. Buchanan. Signed by Judge Gregory A. Presnell on 10/19/2020. (LAM)
October 16, 2020 Opinion or Order Filing 208 ORDER granting #162 Motion to Strike the Opinions and Report of Dr. Charles Cowan. Signed by Judge Gregory A. Presnell on 10/16/2020. (LAM)
October 15, 2020 Opinion or Order Filing 207 NOTICE of supplemental authority in Supplementation of #206 Incomplete Notice of Supplemental Authority Filed by Defendant Reed Hein & Associates, D/B/A Timeshare Exit Team by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cummings, Brian) Modified on 10/16/2020 (RDO).
October 15, 2020 Opinion or Order Filing 206 NOTICE of supplemental authority by Reed Hein & Associates, LLC. (Attachments: #1 Exhibit 1 - Motion for Preliminary Injunction, #2 Exhibit 2 - RHA Opposition to Motion, #3 Exhibit 3- Order Denying Motion)(Benford, John) Modified on 10/16/2020 (RDO).
September 25, 2020 Opinion or Order Filing 205 NOTICE of Errata as to Exhibits by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC, re #202 Brief - Defendant. (Attachments: #1 Exhibit, #2 Exhibit)(Baker, Amy) Modified on 9/28/2020 (RDO).
September 22, 2020 Opinion or Order Filing 204 NOTICE OF RESCHEDULING TRIAL: The jury trial previously scheduled for date certain 1/5/2021 is rescheduled. New scheduling date and time: Jury Trial reset for date certain 1/12/2021 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. The trial length is modified to eight days. (LAM)
September 18, 2020 Opinion or Order Filing 203 REPLY re #196 Response in Opposition to Motion for Partial Summary Judgment filed by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Declaration of Alyssa Heitman, #2 Exhibit Johnston Depo Excerpt, #3 Exhibit Privett Depo Excerpt, #4 Exhibit Parenteau Depo Excerpt, #5 Exhibit Boring Depo Exhibit, #6 Exhibit Breen Ex Y, #7 Exhibit Breen Ex T, #8 Exhibit Chart and Depo Excerpts)(Benford, John) Modified on 9/21/2020 (RDO).
September 15, 2020 Opinion or Order Filing 202 DEFENDANT'S BRIEF re #197 Order filed by Reed Hein & Associates, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Baker, Amy)
September 15, 2020 Opinion or Order Filing 201 PLAINTIFF'S BRIEF re #197 Order filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit A)(Cummings, Brian)
September 10, 2020 Opinion or Order Filing 200 ENDORSED ORDER granting #199 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 9/10/2020. (Presnell, Gregory)
September 9, 2020 Opinion or Order Filing 199 Unopposed MOTION for Extension of Time to File Reply to Plaintiffs' #196 Memorandum in Opposition to Defendants' Motion for Partial Summary Judgment on Damages and Supporting Memorandum by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 9/10/2020 (RDO).
September 9, 2020 Opinion or Order Filing 198 NOTICE of Filing Omitted Exhibit by Westgate Resorts, Ltd. re #196 Response in Opposition to Motion (Cummings, Brian) Modified on 9/10/2020 (RDO).
September 4, 2020 Opinion or Order Remark: Information requested at the 8/13/2020 Zoom hearing received by email from counsel as directed; specifically, names of four deponents excluded from Dr. Cowan's analysis. (LAM)
September 1, 2020 Opinion or Order Filing 197 ORDER. In lieu of closing arguments for the motion hearing held 8/13/2020, the parties are directed to submit simultaneous closing briefs (15 pp. limit) by September 15, 2020. Signed by Judge Gregory A. Presnell on 9/1/2020. (LAM)
August 28, 2020 Opinion or Order Filing 196 RESPONSE in Opposition re #163 MOTION for Partial Summary Judgment on Damages and Supporting Memorandum filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B - Part I, #3 Exhibit B- Part II, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H - Part I, #10 Exhibit H - Part II)(Cummings, Brian)
August 22, 2020 Opinion or Order Filing 195 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Nikki L. Peters. (NLP)
August 22, 2020 Opinion or Order Filing 194 TRANSCRIPT of Motion Hearing held on August 13, 2020 before Judge Gregory A. Presnell. Court Reporter/Transcriber Nikki Peters, RPR, CRR, CRC,Telephone number courttranscripts@outlook.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/14/2020, Redacted Transcript Deadline set for 9/22/2020, Release of Transcript Restriction set for 11/20/2020. (NLP)
August 13, 2020 Opinion or Order Filing 193 JOINT EXHIBIT LIST for proceedings held 8/13/2020. All exhibits were admitted as electronically filed at Doc. #189. (LAM)
August 13, 2020 Opinion or Order Filing 192 Minute Entry for motion proceedings held before Judge Gregory A. Presnell on 8/13/2020. Court Reporter: Nikki L. Peters. (LAM)
August 10, 2020 Opinion or Order Filing 191 NOTICE re 182 Notice of hearing on motion. Members of the press and public who wish to attend remote hearings must use the web form on the court's internet site https://www.flmd.uscourts.gov/webforms/request-remote-access-courtroom-proceedings-press-and-public. (counsel emailed) (AKC)
August 3, 2020 Opinion or Order Filing 190 REPLY BRIEF in support of #163 MOTION for Partial Summary Judgment on Damages and Supporting Memorandum filed by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 - Part One, #8 Exhibit 7 - Part Two, #9 Exhibit 7 - Part Three, #10 Exhibit 7 - Part Four, #11 Exhibit 7 - Part Five, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14)(Benford, John) Modified on 8/4/2020 (RDO).
July 31, 2020 Opinion or Order Filing 189 JOINT Exhibit List for August 13, 2020 Hearing on Daubert Motions by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Ex 1 - Cowan Expert Report, #2 Exhibit Ex 2 - Cowan Supp Report, #3 Exhibit Ex 3 - Cowan Deposition Transcript, #4 Exhibit Ex 4 - Wolf Expert Report, #5 Exhibit Ex 5 - Buchanan Expert Report, #6 Exhibit Ex 6 - Buchanan Deposition Transcript, #7 Exhibit Ex 7 - Declaration of Moneka Simpson)(Baker, Amy) Modified on 8/3/2020 (RDO).
July 31, 2020 Opinion or Order Filing 188 ENDORSED ORDER granting #187 Motion to exceed page limit. Signed by Judge Gregory A. Presnell on 7/31/2020. (LAM)
July 30, 2020 Opinion or Order Filing 187 Unopposed MOTION for Miscellaneous Relief, specifically Motion for Leave to Exceed Page Limit in Reply Brief to Motion for Summary Judgment on Damages (Doc. 163) and Supporting Memorandum by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
July 30, 2020 Opinion or Order Filing 186 ENDORSED ORDER granting #185 Motion to supplement summary judgment record. Defendants may file a reply within 14 days of Plaintiffs' supplemental filing. Signed by Judge Gregory A. Presnell on 7/30/2020. (LAM)
July 29, 2020 Opinion or Order Filing 185 MOTION for Miscellaneous Relief, specifically To Supplement Summary Judgment Record with Recently Discovered and Produced Documents and Further Memorandum by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Cummings, Brian)
July 20, 2020 Opinion or Order Filing 184 ENDORSED ORDER granting #183 Motion for Extension of Time. The deadline to file and exchange exhibits for the 8/13/2020 Zoom hearing is extended to 7/31/2020. Signed by Judge Gregory A. Presnell on 7/20/2020. (LAM)
July 19, 2020 Opinion or Order Filing 183 Joint MOTION for Extension of Time to File and Exchange Exhibits for Evidentiary Hearing by Westgate Resorts, Ltd.. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
July 17, 2020 Opinion or Order Filing 182 NOTICE RESCHEDULING HEARING pursuant to Order 181. Motions Hearing reset for 8/13/2020 at 09:15 AM before Judge Gregory A. Presnell. This hearing will be held via Zoom. Counsel and witnesses have been notified and invited by email from the Clerk's office.(LAM)
July 16, 2020 Opinion or Order Filing 181 ENDORSED ORDER continuing hearing and granting #179 Motion for leave to attend via Zoom. The motions hearing currently scheduled for 7/29/2020 is rescheduled to 8/13/2020 at 9:15 a.m. and will be noticed separately by the Clerk's office. The notice will contain Zoom specific information and instructions. Signed by Judge Gregory A. Presnell on 7/16/2020. (LAM)
July 16, 2020 Opinion or Order Filing 180 ENDORSED ORDER granting #178 Motion for Extension of Time to File Reply Brief. Signed by Judge Gregory A. Presnell on 7/16/2020. (LAM)
July 16, 2020 Opinion or Order Filing 179 MOTION for Miscellaneous Relief, specifically for Leave to Permit Attorneys and Expert Witnesses to Attend Evidentiary Hearing via Video-Conference or, in the Alternative, Motion to Continue Evidentiary Hearing to Permit Their Appearances Live or Via Zoom at a Later Date by Westgate Resorts, Ltd.. (Cummings, Brian)
July 15, 2020 Opinion or Order Filing 178 Unopposed MOTION for Extension of Time to File Reply Brief to Motion for Partial Summary Judgment on Damages (Doc. 163) and Supporting Memorandum by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John) Motions referred to Magistrate Judge Daniel C. Irick.
July 14, 2020 Opinion or Order Filing 177 ORDER granting #131 Daubert Motion as to Steven Marshall. Mr. Marshall's testimony will not be allowed at trial. Signed by Judge Gregory A. Presnell on 7/14/2020. (LAM)
July 8, 2020 Opinion or Order Filing 176 ORDER and NOTICE OF HEARING on Daubert motions #130, #131, #160, #161, and #162. Motions Hearing set for 7/29/2020 at 09:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. See order for deadlines and schedule. Signed by Judge Gregory A. Presnell on 7/8/2020. (LAM)
July 5, 2020 Opinion or Order Filing 175 RESPONSE in Opposition re #163 MOTION for Partial Summary Judgment on Damages and Supporting Memorandum filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Cummings, Brian)
June 18, 2020 Opinion or Order Set/reset deadlines as to #163 MOTION for Partial Summary Judgment on Damages and Supporting Memorandum. Responses due by 7/3/2020 (RDO)
June 17, 2020 Opinion or Order Filing 174 ENDORSED ORDER granting #173 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 6/17/2020. (Presnell, Gregory)
June 17, 2020 Opinion or Order Filing 173 Unopposed MOTION for Extension of Time to File Opposition to Defendants' Motion for Partial Summary Judgment, and Support Memorandum, and Unopposed Motion for Leave to Exceed the Page Limitation for the Opposition by Westgate Resorts, Ltd.. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
June 12, 2020 Opinion or Order Filing 172 RESPONSE in Opposition re #160 MOTION to Strike /Exclude Expert Rebuttal Report and Testimony of Dr. Loren Naidoo filed by Reed Hein & Associates, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Baker, Amy)
June 12, 2020 Opinion or Order Filing 171 RESPONSE in Opposition re #161 MOTION to Strike / Exclude the Expert Report and Testimony of Michael J. Buchanan filed by Reed Hein & Associates, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Baker, Amy)
June 12, 2020 Opinion or Order Filing 170 RESPONSE in Opposition re #162 MOTION to Strike Expert Charles Cowan filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1)(Cummings, Brian)
June 1, 2020 Opinion or Order Set deadlines as to #162 MOTION to Strike Expert Charles Cowan, #160 MOTION to Strike /Exclude Expert Rebuttal Report and Testimony of Dr. Loren Naidoo, #161 MOTION to Strike / Exclude the Expert Report and Testimony of Michael J. Buchanan. Responses due by 6/12/2020 (KNC)
May 29, 2020 Opinion or Order Filing 169 ENDORSED ORDER granting #168 Motion for Extension of Time to File Response / Reply; response to Daubert motions due June 12,2020. Signed by Judge Gregory A. Presnell on 5/29/2020. (Presnell, Gregory)
May 28, 2020 Opinion or Order Filing 168 Joint MOTION for Extension of Time until June 12, 2020 to File Response as to #160 MOTION to Strike /Exclude Expert Rebuttal Report and Testimony of Dr. Loren Naidoo, #161 MOTION to Strike / Exclude the Expert Report and Testimony of Michael J. Buchanan, #162 MOTION to Strike Expert Charles Cowan by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Baker, Amy) Modified on 5/29/2020 (ALL).
May 27, 2020 Opinion or Order Filing 167 NOTICE of Errata by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC re #163 MOTION for Partial Summary Judgment. (Attachments: #1 Exhibit Corrected Ex 163-1, #2 Exhibit Corrected Ex 163-3)(Benford, John) Modified on 5/28/2020 (RDO).
May 21, 2020 Opinion or Order Filing 166 ENDORSED ORDER denying as moot #132 Motion to Strike, see doc 143. Signed by Judge Gregory A. Presnell on 5/21/2020. (Presnell, Gregory)
May 21, 2020 Opinion or Order Filing 165 ENDORSED ORDER granting #159 Motion to File Excess Pages. Signed by Judge Gregory A. Presnell on 5/21/2020. (Presnell, Gregory)
May 18, 2020 Opinion or Order Filing 164 MILBURN ORDER re #163 MOTION for Partial Summary Judgment on Damages and Supporting Memorandum filed by Reed Hein & Associates, LLC, Brandon Reed, Thomas Parenteau, Trevor Hein. Plaintiffs will be allowed until June 19, 2020, to file responsive memoranda. Defendants may file a reply brief, not exceeding ten (10) pages, within fourteen (14) days after the response is served. The parties shall electronically file all exhibits in support of their papers. The parties will be advised if paper copies of any or all exhibits will be required. The Court prefers transcripts in full-page format. Signed by Judge Gregory A. Presnell on 5/18/2020. (LAM)
May 15, 2020 Opinion or Order Filing 163 MOTION for Partial Summary Judgment on Damages and Supporting Memorandum by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit 1 - Depo Excerpts - Not Told to Stop Payment, #2 Exhibit 2 - Depo Excerpts - In Default or Could Not Afford, #3 Exhibit 3 - Depo Excerpts - 47 Not Told to Stop Pmt, #4 Exhibit 4 - Depo Excerpts - Other Reasons to Stop Payment, #5 Exhibit 5 - Depo Excerpts - Seeking Exit Before TET, #6 Exhibit 6 - Declaration of Chasity Porter, #7 Exhibit 7 - Depo Excerpts - Credit/Foreclosure Impacts, #8 Exhibit 8 - Excerpt from WG Owner Spreadsheet)(Benford, John)
May 15, 2020 Opinion or Order Filing 162 MOTION to Strike Expert Charles Cowan by Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Cowan First Report, #2 Exhibit Cowan Second Report, #3 Exhibit Buchanan Report, #4 Exhibit Naidoo Report, #5 Exhibit Cowan Transcript)(Baker, Amy)
May 15, 2020 Opinion or Order Filing 161 MOTION to Strike / Exclude the Expert Report and Testimony of Michael J. Buchanan by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Cummings, Brian)
May 15, 2020 Opinion or Order Filing 160 MOTION to Strike /Exclude Expert Rebuttal Report and Testimony of Dr. Loren Naidoo by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Cummings, Brian)
May 11, 2020 Opinion or Order Filing 159 Unopposed MOTION to File Excess Pages in its Motion for Summary Judgment on Damages, and Supporting Memorandum by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
April 28, 2020 Opinion or Order Filing 158 ENDORSED ORDER granting #157 Motion for Extension of Time. The deadline to file motions for summary judgment on damages and Daubert motions directed to damages experts is extended to May 15, 2020. Signed by Judge Gregory A. Presnell on 4/28/2020. (LAM)
April 27, 2020 Opinion or Order Filing 157 Joint MOTION for Extension of Time to File Motions for Summary Judgment on Damages and Daubert Motions Directed to Damages Experts and Supporting Memorandum by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 4/28/2020 (RDO).
April 27, 2020 Opinion or Order Filing 156 ORDER granting #146 Motion for Reconsideration. Signed by Judge Gregory A. Presnell on 4/27/2020. The Court's Order (Doc. 143) is VACATED to the extent that it granted summary judgment on Plaintiff's FDUTPA claim and Defendant's motion for summary judgment (Doc. 112) is DENIED as to same. (LAM)
April 27, 2020 Opinion or Order Filing 155 ORDER granting #154 Motion to Continue. The deadlines and hearings are continued as outlined in the order. Signed by Judge Gregory A. Presnell on 4/27/2020. (LAM)
April 27, 2020 Opinion or Order Set/reset scheduling order deadlines: Pretrial statement due by 11/13/2020, All other motions due by 11/27/2020, Final Pretrial Conference set for 12/10/2020 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for 1/5/2021 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (LAM)
April 24, 2020 Opinion or Order Filing 154 Joint MOTION to Continue or Clarification of Trial and Pretrial Deadlines, and Supporting Memorandum of Law by Westgate Resorts, Ltd.. (Cummings, Brian)
April 15, 2020 Opinion or Order Filing 153 ENDORSED ORDER granting #152 Motion for Extension of Time. The deadlines for filing Daubert motions relating to damages experts and motions for summary judgment relating to damages are extended to April 29, 2020. Signed by Judge Gregory A. Presnell on 4/15/2020. (LAM)
April 14, 2020 Opinion or Order Filing 152 Joint MOTION for Extension of Time to File Motions for Summary Judgment on Damages and Daubert Motions Directed to Damages Experts, and Supporting Memorandum of Law by Westgate Resorts, Ltd.. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
April 1, 2020 Opinion or Order Filing 151 RESPONSE in Opposition re #146 MOTION for Reconsideration re #143 Order on Motion for Partial Summary JudgmentOrder on Motion for Summary Judgment AND SUPPORTING MEMORANDUM filed by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit 1-COCHRAN, #2 Exhibit 2-SPEARS, #3 Exhibit 3-ANNETT, #4 Exhibit 4-DAMRON, #5 Exhibit 5-MULLINS, #6 Exhibit 6-TROWELL, #7 Exhibit 7-PORTER, #8 Exhibit 8-BLAND, #9 Exhibit 9-MCDANIEL, #10 Exhibit 10-TURNAGE, #11 Exhibit 11-JORGENSON, #12 Exhibit 12-STOLL, #13 Exhibit 13-BROWN, #14 Exhibit 14-MARTINEZ, #15 Exhibit 15-BOGLE, #16 Exhibit 16-BORING, #17 Exhibit 17-GAUGH, #18 Exhibit 18-HENDRICKS, #19 Exhibit 19-CHAVEZ, #20 Exhibit 20-ARREOLA, #21 Exhibit 21-HARDING, #22 Exhibit 22-BUFKIN, #23 Exhibit 23-MALAVE, #24 Exhibit 24-SPREADSHEET EXCERPT, #25 Exhibit 25-BUCHANAN REPORT, #26 Exhibit 26-NAIDOO REPORT)(Benford, John)
March 27, 2020 Opinion or Order Filing 150 ENDORSED ORDER granting #149 Motion for Extension of Time to File Response re #146 MOTION for Reconsideration re #143 Order on Motion for Partial Summary Judgment. Response due by 4/1/2020. Signed by Judge Gregory A. Presnell on 3/27/2020. (LAM)
March 27, 2020 Opinion or Order Set/reset deadlines as to #146 MOTION for Reconsideration re #143 Order on Motion for Partial Summary JudgmentOrder on Motion for Summary Judgment . Responses due by 4/1/2020 (RDO)
March 26, 2020 Opinion or Order Filing 149 Unopposed MOTION for Extension of Time to File Response/Reply as to #146 MOTION for Reconsideration re #143 Order on Motion for Partial Summary JudgmentOrder on Motion for Summary Judgment and Supporting Memorandum by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
March 12, 2020 Opinion or Order Set/reset deadlines as to #146 MOTION for Reconsideration; Responses due by 3/27/2020 (RDO)
March 11, 2020 Opinion or Order Filing 148 ENDORSED ORDER granting #147 Motion for Extension of Time to File Response / Reply re #146 MOTION for Reconsideration. Response due by 3/27/2020. Signed by Judge Gregory A. Presnell on 3/11/2020. (ED)
March 10, 2020 Opinion or Order Filing 147 Unopposed MOTION for Extension of Time to File Response/Reply as to #146 MOTION for Reconsideration re #143 Order on Motion for Partial Summary JudgmentOrder on Motion for Summary Judgment by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
February 28, 2020 Opinion or Order Filing 146 MOTION for Reconsideration re #143 Order on Motion for Partial Summary Judgment/Order on Motion for Summary Judgment by Westgate Resorts, Ltd.et al. (Attachments: #1 Exhibit A)(Cummings, Brian) Modified on 3/2/2020 (RDO).
February 19, 2020 Opinion or Order Filing 145 ORDER granting #142 Motion to Partially Exclude Reid Hein Defendants' Untimely Fourth Supplemental Disclosures and Motion for ProtectiveOrder. See Order. Signed by Magistrate Judge Daniel C. Irick on 2/19/2020. (RN)
February 19, 2020 Opinion or Order Filing 144 NOTICE of withdrawal of motion by Westgate Resorts, Ltd. re #142 MOTION to Partially Exclude Reed Hein Defendants' Untimely Fourth Supplemental Disclosure and Motion for Protective Order filed by Westgate Resorts, Ltd. (Cummings, Brian)
February 11, 2020 Opinion or Order Filing 143 ORDER granting in part and denying in part #111 Motion for Partial Summary Judgment; granting in part and denying in part #112 Motion for summary judgment. Signed by Judge Gregory A. Presnell on 2/11/2020. (ED)
February 4, 2020 Opinion or Order Filing 142 MOTION to Partially Exclude Reed Hein Defendants' Untimely Fourth Supplemental Disclosures and Motion for Protective Order by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 2/5/2020 (RDO).
January 10, 2020 Opinion or Order Filing 141 ORDER granting #135 Motion to extend time. See Order. Signed by Magistrate Judge Daniel C. Irick on 1/10/2020. (RN)
January 9, 2020 Opinion or Order Filing 140 RESPONSE in Opposition re #131 MOTION to Strike /Exclude Expert Report and Testimony of Steven Marshall, MAI, SRA, AI-GRS filed by Reed Hein & Associates, LLC. (Benford, John)
January 9, 2020 Opinion or Order Filing 139 RESPONSE in Opposition re #130 MOTION to Strike Opinions of Mr. Steven Wolf under Daubert filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cummings, Brian)
January 9, 2020 Opinion or Order Filing 138 RESPONSE in Opposition re #132 MOTION to Strike Dr. Maronick filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Cummings, Brian)
January 2, 2020 Opinion or Order Filing 137 ENDORSED ORDER granting #136 Unopposed Motion for Extension of Time to Complete Discovery. The parties are permitted an extension until 2/14/2020, to complete depositions of Mr. Vires and Ms. Rollins. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (Irick, Daniel)
January 2, 2020 Opinion or Order Filing 136 Unopposed MOTION for Extension of Time to Complete Discovery (Two Non-Party Depositions) by All Plaintiffs. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
December 23, 2019 Opinion or Order Filing 135 Joint MOTION to extend time to Complete Depositions on Written Questions and Disclosures, Depositions, and Daubert Motions for Newly Disclosed Experts, and to File Summary Judgment Motions Related to Damages by Westgate Resorts, Ltd.. (Cummings, Brian)
December 23, 2019 Opinion or Order Filing 134 ENDORSED ORDER granting #133 Motion to extend time. Responses to Daubert motions due January 9, 2020. Signed by Judge Gregory A. Presnell on 12/23/2019. (ED)
December 20, 2019 Opinion or Order Filing 133 Joint MOTION to extend time to File Responses to Daubert Motions by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
December 11, 2019 Opinion or Order Filing 132 MOTION to Strike Dr. Maronick by Reed Hein & Associates, LLC. (Baker, Amy) Motions referred to Magistrate Judge Daniel C. Irick.
December 11, 2019 Opinion or Order Filing 131 MOTION to Strike /Exclude Expert Report and Testimony of Steven Marshall, MAI, SRA, AI-GRS by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
December 11, 2019 Opinion or Order Filing 130 MOTION to Strike Opinions of Mr. Steven Wolf under Daubert by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Wolf Report, #2 Exhibit Wolf Transcript (WG), #3 Exhibit Morrison Report, #4 Exhibit Wolf Transcript (OL))(Benford, John) Motions referred to Magistrate Judge Daniel C. Irick.
December 6, 2019 Opinion or Order Filing 129 REPLY to Response to Motion re #112 MOTION for summary judgment filed by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Thomas Breen Depo Transcript, #2 Exhibit Fact Pattern Sheets Sample, #3 Exhibit Corkill Complaint, #4 Exhibit Steven Wolf Depo Transcript WG, #5 Exhibit Diamond Resorts Trial Transcript, #6 Exhibit Tanya Freeman Depo Transcript, #7 Exhibit Exhibit 34 - OL Parenteau Depo)(Benford, John)
December 6, 2019 Opinion or Order Filing 128 REPLY to Response to Motion re #111 MOTION for partial summary judgment filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Cummings, Brian)
December 6, 2019 Opinion or Order Filing 127 ENDORSED ORDER granting #126 Motion to extend time. The Daubert motion deadline is extended to December 11, 2019, and the page limit for the parties' replies to the Motions for Summary Judgment is increased to twenty pages. Signed by Judge Gregory A. Presnell on 12/6/2019. (LAM)
December 5, 2019 Opinion or Order Filing 126 Joint MOTION to extend time to file Daubert and exceed page limit on summary judgment reply by Reed Hein & Associates, LLC. (Baker, Amy)
November 21, 2019 Opinion or Order Filing 125 ENDORSED ORDER granting #124 Motion to extend time; reply briefs due December 6,2019. Signed by Judge Gregory A. Presnell on 11/21/2019. (Presnell, Gregory)
November 20, 2019 Opinion or Order Filing 124 Joint MOTION to extend time to File Reply Briefs to Responses to Motions for Summary Judgment [Doc 111 and 112] by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
November 8, 2019 Opinion or Order Filing 123 RESPONSE in Opposition re #111 MOTION for partial summary judgment filed by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit 1 - Kosco Deposition, #2 Exhibit 2 - Exit Agreements and POA's, #3 Exhibit 3 - Hailey Deposition, #4 Exhibit 4 - Salesforce Excerpt)(Benford, John) Modified on 11/12/2019 (RDO).
November 8, 2019 Opinion or Order Filing 122 RESPONSE in Opposition re #112 MOTION for summary judgment filed by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Cummings, Brian)
November 8, 2019 Opinion or Order Filing 121 ENDORSED ORDER granting #120 Motion for Leave to File Excess Pages. Responses to the motions for summary judgment shall not exceed 35 pages. Signed by Judge Gregory A. Presnell on 11/8/2019. (LAM)
November 7, 2019 Opinion or Order Filing 120 Joint MOTION for Leave to File Excess Pages in their Responses to Motions for Summary Judgment by All Plaintiffs. (Cummings, Brian)
October 29, 2019 Opinion or Order Filing 119 ENDORSED ORDER granting #118 Joint Motion for Extension of Time. The deadline for Plaintiffs' disclosure of expert report is extended to December 16, 2019, the deadline for Defendants' disclosure of expert report(s) is extended to January 16, 2020, and depositions of the newly-disclosed experts must be completed by January 24, 2020. Signed by Magistrate Judge Daniel C. Irick on 10/29/2019. (Irick, Daniel)
October 29, 2019 Opinion or Order Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 1/16/2020, Plaintiff disclosure of expert report due by 12/16/2019 (RDO)
October 25, 2019 Opinion or Order Filing 118 Joint MOTION to extend time to Disclose Expert Reports and for Completing Depositions of Newly Disclosed Experts by Westgate Resorts, Ltd.. (Cummings, Brian)
October 23, 2019 Opinion or Order Filing 117 ENDORSED ORDER granting #116 Motion for Extension of Time to File ; Daubert motions due 12/6/19. Signed by Judge Gregory A. Presnell on 10/23/2019. (Presnell, Gregory)
October 22, 2019 Opinion or Order Filing 116 Joint MOTION for Extension of Time to File Daubert Motions Relating to Previously Disclosed Experts by Westgate Resorts, Ltd.. (Cummings, Brian)
October 10, 2019 Opinion or Order Filing 115 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/2/2020, Dispositive motions due by 2/3/2020, Pretrial statement due by 5/14/2020, All other motions due by 5/28/2020, Plaintiff disclosure of expert report due by 11/1/2019, Defendant disclosure of expert report due by 12/2/2019, Pretrial Conference set for 6/11/2020 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for 7/1/2020 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell., Conduct mediation hearing by 12/2/2019. Lead counsel to coordinate dates. Signed by Magistrate Judge Daniel C. Irick on 10/10/2019. (SPM)
October 8, 2019 Opinion or Order Filing 114 MILBURN ORDER re #111 MOTION for partial summary judgment filed by Westgate Resorts, Inc., Westgate Resorts, Ltd., #112 MOTION for summary judgment filed by Reed Hein & Associates, LLC, Brandon Reed, Thomas Parenteau, Trevor Hein. The parties will be allowed until November 8, 2019, to file responsive memoranda. Reply briefs may be filed, not exceeding ten (10) pages, within 14 days after each response is served. The parties shall electronically file all exhibits in support of their papers. The parties will be advised if paper copies of any or all exhibits will be required. The Court prefers transcripts in full-page format. Signed by Judge Gregory A. Presnell on 10/8/2019. (LAM)
October 8, 2019 Opinion or Order Filing 113 ENDORSED ORDER granting #110 Motion for Leave to File excess pages. Signed by Judge Gregory A. Presnell on 10/8/2019. (Presnell, Gregory)
October 7, 2019 Opinion or Order Filing 112 MOTION for summary judgment by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Attachments: #1 Exhibit Ex 1 - Saft Depo, #2 Exhibit Ex 2 - Willman Depo, #3 Exhibit Ex 3 - Wolf Report, #4 Exhibit Ex 4 - Stewart Report, #5 Exhibit Ex 5 - Maronick Report, #6 Exhibit Ex 6 - Stewart Report Ex 3, #7 Exhibit Ex 7 - Tanner Depo, #8 Exhibit Ex 8 - Russett Depo, #9 Exhibit Ex 9 - Prairie Depo, #10 Exhibit Ex 10 - Stoll Depo, #11 Exhibit Ex 11 - Lowery Depo, #12 Exhibit Ex 12 - Patton Depo, #13 Exhibit Ex 13 - Arguello Depo, #14 Exhibit Ex 14 - Thorne Depo, #15 Exhibit Ex 15 - Snyder Depo, #16 Exhibit Ex 16 - Bak Depo, #17 Exhibit Ex 17 - Willman Depo Ex 5, #18 Exhibit Ex 18 - WG's Ans to RH's Rogs, #19 Exhibit Ex 19 - Porter Declaration Part 1, #20 Exhibit Ex 19 - Porter Declaration Part 2, #21 Exhibit Ex 19 - Porter Declaration Part 3, #22 Exhibit Ex 19 - Porter Declaration Part 4, #23 Exhibit Ex 20 - Reed Depo (OL), #24 Exhibit Ex 21 - Hein Depo (OL), #25 Exhibit Ex 22 - Porter Depo, #26 Exhibit Ex 23 - Porter Depo (OL), #27 Exhibit Ex 24 - Stewart Depo (OL), #28 Exhibit Ex 25 - Maronick Report Ex C, #29 Exhibit Ex 26 - Loughran Depo, #30 Exhibit Ex 27 - Loughran Depo Ex 2, #31 Exhibit Ex 28 - Bak Depo Ex 18, #32 Exhibit Ex 29 - Loughran Depo (OL) Ex 30, #33 Exhibit Ex 30 - Naidoo Report, #34 Exhibit Ex 31 - Parenteau Depo (OL), #35 Exhibit Ex 32 - Marshall Report, #36 Exhibit Ex 33 - Loughran Depo, #37 Exhibit Ex 34 - Sussman Depo (OL), #38 Exhibit Ex 35 - Discovery Stip)(Benford, John)
October 7, 2019 Opinion or Order Filing 111 MOTION for partial summary judgment by Westgate Resorts, Inc., Westgate Resorts, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB)(Cummings, Brian)
October 7, 2019 Opinion or Order Filing 110 Unopposed MOTION for leave to file Motion for Summary Judgment Exceeding Page Limit by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
September 27, 2019 Opinion or Order Filing 109 ENDORSED ORDER granting #108 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 9/27/2019. (Presnell, Gregory)
September 26, 2019 Opinion or Order Filing 108 MOTION for Extension of Time to File Dispositive Motions /Motion for Seven (7) Day Extension of Dispositive Motion Deadline by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
September 19, 2019 Opinion or Order Filing 107 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT)
September 19, 2019 Opinion or Order Filing 106 TRANSCRIPT of Motion to Extend Discovery and Other Deadlines held on 9/12/2019 before Judge Daniel C. Irick. Court Reporter/Transcriber Suzanne Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 10/10/2019, Redacted Transcript Deadline set for 10/21/2019, Release of Transcript Restriction set for 12/18/2019. (SLT)
September 13, 2019 Opinion or Order Filing 105 ORDER granting in part and denying in part #98 Motion for Extension of Time to Complete Discovery; Motion is GRANTED in part as set forth in the Order and the amended CMSO that will be entered and DENIED in all other respects. See Order. Signed by Magistrate Judge Daniel C. Irick on 9/13/2019. (RN)
September 12, 2019 Opinion or Order Filing 103 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: MOTION HEARING held on 9/12/2019 re #98 Joint MOTION for Extension of Time to Complete Discovery and Other Deadlines in the Case Management and Scheduling Order, Motion for Leave to Conduct Additional Depositions and Depositions on Written Questions, and for Continuance of the Trial and E filed by Westgate Resorts, Ltd.. (Digital) (RN)
September 11, 2019 Opinion or Order Filing 102 NOTICE : For the parties appearing via telephone at the 9/12/19 motion hearing, At least five minutes before the hearing is scheduled to begin, the parties shall call 1-877-336-1829, and use access code 1180142. (RN)
September 10, 2019 Opinion or Order Filing 101 ENDORSED ORDER granting #100 Unopposed Motion for Co-counsel to Appear Telephonically at 9/12/2019 Hearing. Signed by Magistrate Judge Daniel C. Irick on 9/10/2019. (Irick, Daniel)
September 9, 2019 Opinion or Order Filing 100 Unopposed MOTION to Appear Telephonically at September 12, 2019 hearing by Reed Hein & Associates, LLC. (Kroll, Panda) Motions referred to Magistrate Judge Daniel C. Irick.
August 21, 2019 Opinion or Order Filing 99 NOTICE of Hearing on motion re #98 Joint MOTION for Extension of Time to Complete Discovery and Other Deadlines in the Case Management and Scheduling Order, Motion for Leave to Conduct Additional Depositions and Depositions on Written Questions, and for Continuance of the Trial. Motion Hearing set for 9/12/2019 at 03:00 PM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. The parties shall immediately notify the Court if they resolve all or a part of the pending motion set for hearing.(RN)
August 12, 2019 Opinion or Order Filing 98 Joint MOTION for Extension of Time to Complete Discovery and Other Deadlines in the Case Management and Scheduling Order, Motion for Leave to Conduct Additional Depositions and Depositions on Written Questions, and for Continuance of the Trial and Expansion of Trial Period by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
June 26, 2019 Opinion or Order Filing 97 ENDORSED ORDER granting #96 Motion to extend time. Signed by Judge Gregory A. Presnell on 6/26/2019. (ED)
June 19, 2019 Opinion or Order Filing 96 Joint MOTION for Short Extension of Expert Disclosure Deadline by Westgate Resorts, Ltd. (Cummings, Brian) Modified on 6/20/2019 (BIA).
April 10, 2019 Opinion or Order Filing 95 ORDER re #94 Stipulation of Dismissal filed by Westgate Resorts, Inc., Westgate Resorts, Ltd. that Plaintiffs' claims against Defendants Schroeter Goldmark & Bender, P.S.; James D. Hailey; and Thomas James Breen ("SGB") are dismissed with prejudice, each party to bear its own fees and costs. Any pending motions as to these Defendants are DENIED as moot. The Clerk is directed to term these defendants. Signed by Judge Gregory A. Presnell on 4/10/2019. (TKW)
April 9, 2019 Opinion or Order Filing 94 STIPULATION of Dismissal With Prejudice of Claims Against Defendants Schroeter Goldmark & Bender, P.S., James D. Hailey, and Thomas James Breen by Westgate Resorts, Inc., Westgate Resorts, Ltd.. (Cummings, Brian)
April 2, 2019 Opinion or Order Filing 93 ORDER re #92 Mediation report that Plaintiffs' claims against Defendant Schroeter Goldmark & Bender, PS are DISMISSED without prejudice pursuant to Local Rule 3.08(b), subject to the right of any party to move the Court within sixty (60) days for the purpose of entering a stipulated form of final order or judgment; or, on good cause shown, to reopen the case for further proceedings. Any pending motions as to this Defendant are DENIED as moot. The Clerk is directed to term this defendant. Signed by Judge Gregory A. Presnell on 4/2/2019. (TKW)
April 1, 2019 Opinion or Order Filing 92 Supplemental MEDIATION Report and Notice of Resolution Involving Schroeter Goldmark & Bender, PS Defendants. Hearing held on 01/31/2019. Hearing outcome: Resolved. (Perry, Pamela) Modified on 4/2/2019 (BIA).
March 25, 2019 Opinion or Order Filing 91 ORDER re #90 Stipulation of Dismissal filed by Westgate GV at Painted Mountain, LLC, et al. that Plaintiffs' claims against Ken B. Privett and Ken B. Privett PLC are dismissed with prejudice, each party to bear its own fees and costs. Any pending motions as to these defendants are DENIED as moot. The Clerk is directed to term these defendants. Signed by Judge Gregory A. Presnell on 3/25/2019. (TKW)
March 22, 2019 Opinion or Order Filing 90 STIPULATION of Dismissal With Prejudice of Claims Against Defendants Ken B. Privett and Ken B. Privett PLC by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Cummings, Brian)
February 25, 2019 Opinion or Order Filing 89 AMENDED Affirmative Defenses to Plaintiff's Amended Complaint re#87 Order on Motion to Strike, #69 Amended Complaint by Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S. (Klein, Robert) Modified on 2/26/2019 (BIA).
February 11, 2019 Opinion or Order Filing 88 MEDIATION report Hearing held on January 31, 2019. Hearing outcome: Impasse, Adjourned and Settled.. (Perry, Pamela)
February 11, 2019 Opinion or Order Filing 87 ORDER granting in part and denying in part #75 Motion to Strike. See Order for details. Signed by Magistrate Judge Daniel C. Irick on 2/11/2019. (RN)
January 16, 2019 Opinion or Order Filing 86 NOTICE of mediation conference/hearing to be held on January 31 and February 1, 2019 at 9:00 a.m. before Pam Perry. (Cummings, Brian)
January 13, 2019 Opinion or Order Filing 85 NOTICE of change of address by Panda Kroll (Kroll, Panda)
January 11, 2019 Opinion or Order Filing 84 RESPONSE in Opposition re #75 MOTION to Strike Affirmative Defenses filed by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
January 11, 2019 Opinion or Order Filing 83 RESPONSE in Opposition re #75 MOTION to Strike Affirmative Defenses filed by Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S.. (Attachments: #1 Exhibit Composite Exhibit A, #2 Exhibit Exhibit B)(Klein, Robert)
January 9, 2019 Opinion or Order Filing 82 MEMORANDUM in opposition re #75 Motion to Strike filed by Ken B. Privett PLC, Ken B. Privett. (Mooney, Nichole)
January 2, 2019 Opinion or Order Filing 81 ENDORSED ORDER granting #80 Unopposed Motion for Extension of Time. On or before 1/11/2019, Defendants Schroeter Goldmark & Bender, P.S., James D. Hailey, and Thomas James Breen shall respond to the #75 Motion to Strike Affirmative Defenses. Signed by Magistrate Judge Daniel C. Irick on 1/2/2019. (Irick, Daniel)
January 2, 2019 Opinion or Order Filing 80 Unopposed MOTION for Extension of Time to File Response/Reply as to #75 MOTION to Strike Affirmative Defenses by Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S.. (Klein, Robert) Motions referred to Magistrate Judge Daniel C. Irick.
January 2, 2019 Opinion or Order Filing 79 ENDORSED ORDER granting #78 Unopposed Motion for Extension of Time. On or before 1/11/2019, Defendants Reed Hein & Associates, LLC, Brandon Reed, Trevor Hein, and Thomas Parenteau shall respond to the #75 Motion to Strike Affirmative Defenses. Signed by Magistrate Judge Daniel C. Irick on 1/2/2019. (Irick, Daniel)
January 2, 2019 Opinion or Order Filing 78 Unopposed MOTION for Extension of Time to File Response/Reply as to #75 MOTION to Strike Affirmative Defenses by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John) Motions referred to Magistrate Judge Daniel C. Irick.
January 2, 2019 Opinion or Order Set deadlines as to #75 MOTION to Strike Affirmative Defenses. Responses due by 1/11/2019 (BIA)
December 28, 2018 Opinion or Order Filing 77 ENDORSED ORDER granting in part and denying in part #76 Unopposed Motion for Extension of Time to respond to #75 Motion to Strike Affirmative Defenses. The Motion fails to state good cause for the relief requested. Nevertheless, on or before 1/11/2019, Defendants Ken B. Privett PLC and Ken B. Privett shall respond to the Motion. Signed by Magistrate Judge Daniel C. Irick on 12/28/2018. (Irick, Daniel)
December 28, 2018 Opinion or Order Filing 76 Unopposed MOTION for Extension of Time to File Answer re #75 MOTION to Strike Affirmative Defenses by Ken B. Privett PLC, Ken B. Privett. (Mooney, Nichole) Motions referred to Magistrate Judge Daniel C. Irick.
December 28, 2018 Opinion or Order Set deadlines as to #75 MOTION to Strike Affirmative Defenses. Responses due by 1/11/2019 (BIA)
December 21, 2018 Opinion or Order Filing 75 MOTION to Strike Affirmative Defenses by All Plaintiffs. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
December 13, 2018 Opinion or Order Filing 74 ENDORSED ORDER granting #73 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 12/13/2018. (Presnell, Gregory)
December 12, 2018 Opinion or Order Filing 73 Unopposed MOTION for Extension of Time to File Motion to Strike Affirmative Defenses of SGB Defendants by All Plaintiffs. (Cummings, Brian)
November 30, 2018 Opinion or Order Filing 72 ANSWER and affirmative defenses to #69 Amended Complaint by Ken B. Privett PLC, Ken B. Privett.(Mooney, Nichole)
November 30, 2018 Opinion or Order Filing 71 ANSWER and affirmative defenses with Jury Demand to #69 Amended Complaint by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC.(Benford, John)
November 21, 2018 Opinion or Order Filing 70 ANSWER and affirmative defenses with Jury Demand to #69 Amended Complaint by Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S..(Park, Houston) Modified on 11/26/2018 (BIA).
November 16, 2018 Opinion or Order Filing 69 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Westgate GV at the Woods, LLC, Westgate River Ranch Owners Association, Inc., Westgate GV at Painted Mountain, LLC, Westgate Towers, LLC, Westgate Resorts, Ltd., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Lakes, LLC, Westgate Town Center Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate GV at Emerald Pointe, LLC, Westgate Vacation Villas, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Cedar Ridge at the Woods Condominium Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts, Inc., Westgate Myrtle Beach, LLC, Westgate Lakes Owners Association, Inc., Westgate Palace, LLC, Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Palace Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc.. Related document: #1 Complaint filed by Westgate GV at Painted Mountain, LLC, Westgate Town Center Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Resorts, Inc., Westgate Palace, LLC, Westgate Branson Woods Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Lakes, LLC, Westgate Lakes Owners Association, Inc., Westgate Vacation Villas, LLC, Westgate Towers, LLC, Grand Vista at Emerald Point Condominium Owner's Association, Inc., Westgate GV at the Woods, LLC, Cedar Ridge at the Woods Condominium Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate Towers North Owners Association, Inc., Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Palace Owners Association, Inc., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate River Ranch Owners Association, Inc., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc., Westgate Resorts, Ltd., Westgate Vacation Villas Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Myrtle Beach, LLC.(Cummings, Brian)
November 5, 2018 Opinion or Order Filing 68 ENDORSED ORDER granting #67 Unopposed Motion for Extension. On or before 11/21/2018, Defendants Trevor Hein, Thomas Parenteau, Brandon Reed, and Reed Hein & Associates, LLC shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 11/5/2018. (Irick, Daniel)
November 2, 2018 Opinion or Order Filing 67 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John) Motions referred to Magistrate Judge Daniel C. Irick.
November 1, 2018 Opinion or Order Filing 66 ENDORSED ORDER granting #65 Unopposed Motion for Extension of Time. On or before 11/21/2018, Thomas James Breen, James D. Hailey, and Schroeter Goldmark & Bender, P.S. shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 11/1/2018. (Irick, Daniel)
November 1, 2018 Opinion or Order Filing 65 MOTION for Extension of Time to File Answer re #56 Order on motion to dismissOrder on Motion to Dismiss for Failure to State a Claim by Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S.. (Klein, Robert) Motions referred to Magistrate Judge Daniel C. Irick.
October 31, 2018 Opinion or Order Reset deadlines for Ken B. Privett PLC, Ken B. Privett. Answer due by 11/21/2018. (BIA)
October 31, 2018 Opinion or Order Filing 64 ENDORSED ORDER granting #63 Unopposed Motion for Extension of Time. On or before 11/21/2018, Defendants Ken B. Privett PLC and Ken B. Privett shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 10/31/2018. (Irick, Daniel)
October 31, 2018 Opinion or Order Filing 63 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Ken B. Privett PLC, Ken B. Privett. (Mooney, Nichole) Motions referred to Magistrate Judge Daniel C. Irick.
October 29, 2018 Opinion or Order Filing 62 NOTICE of pendency of related cases re #52 Related case order and track 2 notice per Local Rule 1.04(d) by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. Related case(s): Yes (Benford, John)
October 29, 2018 Opinion or Order Filing 61 NOTICE of pendency of related cases re #52 Related case order and track 2 notice per Local Rule 1.04(d) by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. Related case(s): yes (Cummings, Brian)
October 29, 2018 Opinion or Order Filing 60 NOTICE of pendency of related cases re #52 Related case order and track 2 notice per Local Rule 1.04(d) by Ken B. Privett PLC, Ken B. Privett. Related case(s): yes (Mooney, Nichole)
October 25, 2018 Opinion or Order Filing 59 NOTICE of pendency of related cases re #52 Related case order and track 2 notice per Local Rule 1.04(d) by Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S. Related case(s): Yes (Klein, Robert) Modified on 10/26/2018 (BIA).
October 24, 2018 Opinion or Order Filing 57 ENDORSED ORDER denying as moot #43 Motion for Leave to File. Signed by Judge Gregory A. Presnell on 10/24/2018. (ED)
October 24, 2018 Opinion or Order Filing 56 ORDER granting in part and denying in part #29 motion to dismiss; denying #31 motion to dismiss; denying #35 Motion to Dismiss for Failure to State a Claim. Signed by Judge Gregory A. Presnell on 10/24/2018. (ED)
October 24, 2018 Opinion or Order Set deadlines: Amended Complaint due by 11/16/2018 (BIA)
October 23, 2018 Opinion or Order Filing 58 CASE REFERRED to Mediation. Richard F. Joyce appointed as Mediator. (BIA)
October 23, 2018 Opinion or Order Filing 55 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 12/7/2018, Plaintiff disclosure of expert report due by 6/28/2019, Defendant disclosure of expert report due by 7/29/2019, Discovery due by 8/30/2019, Dispositive motions due by 9/30/2019, Daubert motions due by 11/4/2019. Conduct mediation hearing by 12/2/2019. Pretrial statement due by 1/16/2020, All other motions due by 1/30/2020, Final Pretrial Conference set for 2/13/2020 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for 3/2/2020 at 09:15 AM before Judge Gregory A. Presnell, Lead counsel to coordinate dates. See Order. Signed by Magistrate Judge Daniel C. Irick on 10/23/2018. (RN)
October 17, 2018 Opinion or Order Filing 54 NOTICE of Appearance by Lelia Maria Menendez Schleier on behalf of Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S. (Schleier, Lelia)
October 16, 2018 Opinion or Order Filing 53 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: RULE 16 STATUS CONFERENCE held on 10/16/2018. (Digital) (RN)
October 16, 2018 Opinion or Order ***PRO HAC VICE FEES paid by attorney Panda Kroll, appearing on behalf of Reed Hein & Associates, LLC (Filing fee $150 receipt number ORL077750.) Related document: #50 Unopposed MOTION for Panda Kroll to appear pro hac vice. (RCN)
October 15, 2018 Opinion or Order Filing 52 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/29/2018. Signed by Judge Gregory A. Presnell on 10/15/2018. Copies mailed. (LAM)
October 15, 2018 Opinion or Order Filing 51 ORDER granting #50 motion to appear pro hac vice. Signed by Magistrate Judge Daniel C. Irick on 10/15/2018. (RN)
October 15, 2018 Opinion or Order Filing 50 Unopposed MOTION for Panda Kroll to appear pro hac vice by Reed Hein & Associates, LLC. (Benford, John) Motions referred to Magistrate Judge Daniel C. Irick.
October 15, 2018 Opinion or Order Filing 49 NOTICE re 48 Order on Motion to Appear Telephonically at the 10/16/18 status conference. For party appearing via telephone: At least five minutes before the hearing is scheduled to begin, the parties shall call 1-877-336-1829, and use access code 1180142. (RN)
October 15, 2018 Opinion or Order Filing 48 ENDORSED ORDER granting #47 Unopposed Motion to Appear Telephonically at Hearing. Mr. Backman may appear at the 10/16/2018 status conference by telephone. Signed by Magistrate Judge Daniel C. Irick on 10/15/2018. (Irick, Daniel)
October 15, 2018 Opinion or Order Filing 47 Unopposed MOTION to Appear Telephonically at Status Conference by Plaintiffs' Counsel Jeffrey A. Backman by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
October 1, 2018 Opinion or Order Filing 46 NOTICE of Hearing: re: #44 Case Management Report, Rule 16 Status Conference set for 10/16/2018 at 02:00 PM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. (RN)
October 1, 2018 Opinion or Order Filing 45 RESPONSE in Opposition re #43 MOTION for leave to file reply in support of motion to dismiss filed by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Cummings, Brian)
September 28, 2018 Opinion or Order Filing 44 CASE MANAGEMENT REPORT. (Cummings, Brian)
September 27, 2018 Opinion or Order Filing 43 MOTION for leave to file reply in support of motion to dismiss by Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S.. (Klein, Robert)
September 19, 2018 Opinion or Order Filing 42 RESPONSE TO ORDER TO SHOW CAUSE re #32 Order to show cause filed by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
September 18, 2018 Opinion or Order Filing 41 MEMORANDUM in opposition re #35 Motion to dismiss for failure to state a claim filed by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resort, Ltd., Westgate Resorts, Inc., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Cummings, Brian)
September 14, 2018 Opinion or Order Filing 40 MEMORANDUM in opposition re #31 Motion to dismiss filed by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resort, Ltd., Westgate Resorts, Inc., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Cummings, Brian)
September 10, 2018 Opinion or Order Filing 39 ENDORSED ORDER granting #38 Motion to extend time. Signed by Judge Gregory A. Presnell on 9/10/2018. (Presnell, Gregory)
September 7, 2018 Opinion or Order Filing 38 Joint MOTION to extend time to hold case management conference by Ken B. Privett PLC, Ken B. Privett. (Mooney, Nichole)
September 5, 2018 Opinion or Order Filing 37 ENDORSED ORDER granting #36 Unopposed Motion for Extension of Time. On or before 9/14/2018, Plaintiffs shall respond to the #31 Motion to Dismiss. Signed by Magistrate Judge Daniel C. Irick on 9/5/2018. (Irick, Daniel)
September 5, 2018 Opinion or Order Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss Complaint by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resort, Ltd., Westgate Resorts, Inc., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Cummings, Brian) Motions referred to Magistrate Judge Daniel C. Irick.
September 4, 2018 Opinion or Order Filing 35 MOTION to Dismiss Count III of the Complaint and Incorporated Memorandum of Law by Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S.. (Attachments: #1 Exhibit)(Klein, Robert) Modified on 9/5/2018 (BIA).
August 31, 2018 Opinion or Order Filing 34 MEMORANDUM in opposition re #29 Motion to dismiss filed by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resort, Ltd., Westgate Resorts, Inc., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cummings, Brian)
August 30, 2018 Opinion or Order Filing 33 CERTIFICATE of interested persons and corporate disclosure statement re #13 Interested persons order by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
August 30, 2018 Opinion or Order Filing 32 ORDER for Defendants Reed Hein & Associates, LLC, Brandon Reed, Trevor Hein, and Thomas Parenteau to show cause why sanctions should not be imposed for failure to respond to the Interested Person Order. Show Cause Response due by 9/20/2018. Signed by Judge Gregory A. Presnell on 8/30/2018. Copies mailed. (LAM)
August 23, 2018 Opinion or Order Filing 31 MOTION to Dismiss Complaint by Ken B. Privett PLC, Ken B. Privett. (Mooney, Nichole)
August 20, 2018 Opinion or Order Filing 30 ENDORSED ORDER granting #28 Motion for Leave to File excess pages.. Signed by Judge Gregory A. Presnell on 8/20/2018. (TKW)
August 17, 2018 Opinion or Order Filing 29 MOTION to Dismiss PLAINTIFFS' COMPLAINT AND SUPPORTING MEMORANDUM by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
August 17, 2018 Opinion or Order Filing 28 Unopposed MOTION for leave to file MOTION TO DISMISS IN EXCESS OF PAGE LIMIT by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
August 17, 2018 Opinion or Order Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #19 Interested persons order by Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S.. (Park, Houston)
August 16, 2018 Opinion or Order Filing 26 RETURN of service executed on 7/19/18 by Westgate GV at the Woods, LLC, Westgate River Ranch Owners Association, Inc., Westgate GV at Painted Mountain, LLC, Westgate Towers, LLC, Westgate Resort, Ltd., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Lakes, LLC, Westgate Town Center Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate GV at Emerald Pointe, LLC, Westgate Vacation Villas, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Cedar Ridge at the Woods Condominium Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts, Inc., Westgate Myrtle Beach, LLC, Westgate Lakes Owners Association, Inc., Westgate Palace, LLC, Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Palace Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc. as to Thomas Parenteau. (Cummings, Brian)
August 16, 2018 Opinion or Order Filing 25 RETURN of service executed on 7/19/18 by Westgate GV at the Woods, LLC, Westgate River Ranch Owners Association, Inc., Westgate GV at Painted Mountain, LLC, Westgate Towers, LLC, Westgate Resort, Ltd., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Lakes, LLC, Westgate Town Center Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate GV at Emerald Pointe, LLC, Westgate Vacation Villas, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Cedar Ridge at the Woods Condominium Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts, Inc., Westgate Myrtle Beach, LLC, Westgate Lakes Owners Association, Inc., Westgate Palace, LLC, Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Palace Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc. as to Schroeter Goldmark & Bender, P.S.. (Cummings, Brian)
August 16, 2018 Opinion or Order Filing 24 RETURN of service executed on 7/30/18 by Westgate GV at the Woods, LLC, Westgate River Ranch Owners Association, Inc., Westgate GV at Painted Mountain, LLC, Westgate Towers, LLC, Westgate Resort, Ltd., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Lakes, LLC, Westgate Town Center Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate GV at Emerald Pointe, LLC, Westgate Vacation Villas, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Cedar Ridge at the Woods Condominium Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts, Inc., Westgate Myrtle Beach, LLC, Westgate Lakes Owners Association, Inc., Westgate Palace, LLC, Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Palace Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc. as to Brandon Reed. (Cummings, Brian)
August 16, 2018 Opinion or Order Filing 23 RETURN of service executed on 7/19/18 by Westgate GV at the Woods, LLC, Westgate River Ranch Owners Association, Inc., Westgate GV at Painted Mountain, LLC, Westgate Towers, LLC, Westgate Resort, Ltd., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Lakes, LLC, Westgate Town Center Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate GV at Emerald Pointe, LLC, Westgate Vacation Villas, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Cedar Ridge at the Woods Condominium Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts, Inc., Westgate Myrtle Beach, LLC, Westgate Lakes Owners Association, Inc., Westgate Palace, LLC, Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Palace Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc. as to Thomas James Breen. (Cummings, Brian)
August 16, 2018 Opinion or Order Filing 22 RETURN of service executed on 7/19/18 by Westgate GV at the Woods, LLC, Westgate River Ranch Owners Association, Inc., Westgate GV at Painted Mountain, LLC, Westgate Towers, LLC, Westgate Resort, Ltd., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Lakes, LLC, Westgate Town Center Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate GV at Emerald Pointe, LLC, Westgate Vacation Villas, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Cedar Ridge at the Woods Condominium Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts, Inc., Westgate Myrtle Beach, LLC, Westgate Lakes Owners Association, Inc., Westgate Palace, LLC, Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Palace Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc. as to James D. Hailey. (Cummings, Brian)
August 16, 2018 Opinion or Order Filing 21 RETURN of service executed on 7/13/18 by Westgate GV at the Woods, LLC, Westgate River Ranch Owners Association, Inc., Westgate GV at Painted Mountain, LLC, Westgate Towers, LLC, Westgate Resort, Ltd., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Lakes, LLC, Westgate Town Center Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate GV at Emerald Pointe, LLC, Westgate Vacation Villas, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Cedar Ridge at the Woods Condominium Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts, Inc., Westgate Myrtle Beach, LLC, Westgate Lakes Owners Association, Inc., Westgate Palace, LLC, Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Palace Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc. as to Ken B. Privett PLC. (Cummings, Brian)
August 16, 2018 Opinion or Order Filing 20 RETURN of service executed on 7/16/18 by Westgate GV at the Woods, LLC, Westgate River Ranch Owners Association, Inc., Westgate GV at Painted Mountain, LLC, Westgate Towers, LLC, Westgate Resort, Ltd., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Lakes, LLC, Westgate Town Center Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate GV at Emerald Pointe, LLC, Westgate Vacation Villas, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Cedar Ridge at the Woods Condominium Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts, Inc., Westgate Myrtle Beach, LLC, Westgate Lakes Owners Association, Inc., Westgate Palace, LLC, Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Palace Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc. as to Reed Hein & Associates, LLC. (Cummings, Brian)
August 16, 2018 Opinion or Order Filing 19 INTERESTED PERSONS ORDER to DEFENDANTS SCHROETER GOLDMARK & BENDER, P.S., JAMES D. HAILEY and THOMAS JAMES BREEN. Certificate of interested persons and corporate disclosure statement due by 8/30/2018. Signed by Judge Gregory A. Presnell on 8/16/2018. Copies mailed. (LAM)
August 15, 2018 Opinion or Order Set deadlines for Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S. Answer due by 9/4/2018. (BIA)
August 15, 2018 Opinion or Order Filing 18 ENDORSED ORDER granting #17Unopposed Motion for Extension of Time. On or before 9/4/2018, Defendants Thomas James Breen, James D. Hailey, and Schroeter Goldmark & Bender, P.S. shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 8/15/2018. (Irick, Daniel)
August 15, 2018 Opinion or Order Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Thomas James Breen, James D. Hailey, Schroeter Goldmark & Bender, P.S.. (Park, Houston) Motions referred to Magistrate Judge Daniel C. Irick.
August 13, 2018 Opinion or Order Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #10 Interested persons order by Ken B. Privett PLC, Ken B. Privett. (Mooney, Nichole)
August 7, 2018 Opinion or Order Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Cedar Ridge at the Woods Condominium Owners Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Historic Williamsburg, Owners Association, Inc., Westgate Lakes Owners Association, Inc., Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Myrtle Beach, LLC, Westgate Palace Owners Association, Inc., Westgate Palace, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Westgate Resort, Ltd., Westgate Resorts, Inc., Westgate River Ranch Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers, LLC, Westgate Town Center Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Vacation Villas, LLC. (Cummings, Brian)
August 7, 2018 Opinion or Order Filing 14 ENDORSED ORDER granting #12 Motion to extend time. Signed by Judge Gregory A. Presnell on 8/7/2018. (Presnell, Gregory)
August 7, 2018 Opinion or Order Filing 13 INTERESTED PERSONS ORDER to DEFENDANTS REED HEIN & ASSOCIATES, LLC, BRANDON REED, TREVOR HEIN and THOMAS PARENTEAU. Certificate of interested persons and corporate disclosure statement due by 8/21/2018. Signed by Judge Gregory A. Presnell on 8/7/2018. Copies mailed. (LAM)
August 6, 2018 Opinion or Order Filing 12 Unopposed MOTION to extend time to RESPOND TO COMPLAINT by Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC. (Benford, John)
August 6, 2018 Opinion or Order Filing 11 NOTICE of Appearance by John Y. Benford on behalf of Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC (Benford, John)
August 6, 2018 Opinion or Order Filing 10 INTERESTED PERSONS ORDER DEFENDANTS KEN B. PRIVETT PLC and KEN B. PRIVETT. Certificate of interested persons and corporate disclosure statement due by 8/20/2018. Signed by Judge Gregory A. Presnell on 8/6/2018. Copies mailed. (LAM)
August 2, 2018 Opinion or Order Filing 9 ENDORSED ORDER granting #6 Unopposed Motion for Extension of Time. On or before 8/23/2018, Defendants Ken B. Privett PLC and Ken B. Privett shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 8/2/2018. (Irick, Daniel)
August 2, 2018 Opinion or Order Filing 8 Case Reassigned to Magistrate Judge Daniel C. Irick. New case number: 6:18-cv-1088-Orl-31DCI. Magistrate Judge Gregory J. Kelly no longer assigned to the case. (MAA) Motion #6 referred to Magistrate Judge Daniel C. Irick.
August 2, 2018 Opinion or Order Filing 7 ORDER that the Clerk is directed to reassign the magistrate judge assignment in this case to Judge Irick. Signed by Judge Gregory A. Presnell on 8/2/2018. (TKW)
August 1, 2018 Opinion or Order Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Ken B. Privett PLC, Ken B. Privett. (Mooney, Nichole) Motions referred to Magistrate Judge Gregory J. Kelly.
July 11, 2018 Opinion or Order Filing 5 SUMMONS issued as to Ken B. Privett PLC. (Mailed to counsel for service) (BIA)
July 10, 2018 Opinion or Order Filing 4 NOTICE of Filing Proposed Summons by Westgate Resort, Ltd. (Cummings, Brian) Modified on 7/11/2018 (BIA).
July 10, 2018 Opinion or Order Filing 3 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint) (BIA)
July 9, 2018 Opinion or Order Filing 2 SUMMONS issued as to Thomas James Breen, James D. Hailey, Trevor Hein, Thomas Parenteau, Brandon Reed, Reed Hein & Associates, LLC, Schroeter Goldmark & Bender, P.S. (Issued at Intake). (BIA)
July 9, 2018 Opinion or Order Filing 1 COMPLAINT against Thomas James Breen, James D. Hailey, Trevor Hein, Ken B. Privett PLC, Thomas Parenteau, Ken B. Privett, Brandon Reed, Reed Hein & Associates, LLC, Schroeter Goldmark & Bender, P.S. with Jury Demand (Filing fee $ 400 receipt number ORL-75065) filed by Westgate GV at the Woods, LLC, Westgate River Ranch Owners Association, Inc., Westgate GV at Painted Mountain, LLC, Westgate Towers, LLC, Westgate Resort, Ltd., Westgate Myrtle Beach Ocean Front Owners Association, Inc., Westgate Lakes, LLC, Westgate Town Center Owners Association, Inc., Painted Mountain Golf Villas Condominium Association, Inc., Grand Vista at Emerald Point Condominium Owner's Association, Inc., Westgate Flamingo Bay, L.L.C., Westgate GV at Emerald Pointe, LLC, Westgate Vacation Villas, LLC, Westgate Park City Resort & Spa, Owners Association, Inc., Cedar Ridge at the Woods Condominium Owners Association, Inc., Westgate Vacation Villas Owners Association, Inc., Westgate Las Vegas Resort, LLC, Westgate Resorts, Inc., Westgate Myrtle Beach, LLC, Westgate Lakes Owners Association, Inc., Westgate Palace, LLC, Westgate Flamingo Bay, Las Vegas Owners Association, Inc., Westgate Branson Woods Owners Association, Inc., Westgate Towers Owners Association, Inc., Westgate Towers North Owners Association, Inc., Westgate Palace Owners Association, Inc., Westgate Historic Williamsburg, Owners Association, Inc. (Attachments: #1 Civil Cover Sheet)(BIA)

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Search for this case: Westgate Resort, Ltd. et al v. Reed Hein & Associates, LLC et al
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Defendant: Brandon Reed
Represented By: John Y. Benford
Represented By: Amy Leigh Baker
Represented By: Nicholas A. Shannin
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Defendant: Thomas James Breen
Represented By: Houston S. Park, III
Represented By: Robert Michael Klein
Represented By: Lelia Maria Menendez Schleier
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Defendant: Ken B. Privett
Represented By: Timothy W. Sobczak
Represented By: Nichole M. Mooney
Represented By: Michael J. Furbush
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Defendant: Thomas Parenteau
Represented By: John Y. Benford
Represented By: Amy Leigh Baker
Represented By: Nicholas A. Shannin
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Defendant: James D. Hailey
Represented By: Houston S. Park, III
Represented By: Robert Michael Klein
Represented By: Lelia Maria Menendez Schleier
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Defendant: Reed Hein & Associates, LLC
Represented By: John Y. Benford
Represented By: Amy Leigh Baker
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Defendant: Trevor Hein
Represented By: John Y. Benford
Represented By: Amy Leigh Baker
Represented By: Nicholas A. Shannin
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Defendant: Schroeter Goldmark & Bender, P.S.
Represented By: Houston S. Park, III
Represented By: Robert Michael Klein
Represented By: Lelia Maria Menendez Schleier
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Defendant: Ken B. Privett PLC
Represented By: Timothy W. Sobczak
Represented By: Nichole M. Mooney
Represented By: Michael J. Furbush
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Defendant: Reed Hein & Associates, LLC doing business as Timeshare Exit Team
Represented By: Amy Leigh Baker
Represented By: John Y. Benford
Represented By: Panda Kroll
Represented By: Nicholas A. Shannin
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Plaintiff: Westgate Branson Woods Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate GV at the Woods, LLC
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Lakes, LLC
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate GV at Emerald Pointe, LLC
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Towers North Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Towers Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Vacation Villas, LLC
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Resort, Ltd.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
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Plaintiff: Westgate Flamingo Bay, Las Vegas Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Myrtle Beach Ocean Front Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Painted Mountain Golf Villas Condominium Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Palace, LLC
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Vacation Villas Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Towers, LLC
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Park City Resort & Spa, Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Flamingo Bay, L.L.C.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Lakes Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Resorts, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Palace Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Las Vegas Resort, LLC
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Town Center Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Myrtle Beach, LLC
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate GV at Painted Mountain, LLC
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate River Ranch Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Historic Williamsburg, Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Grand Vista at Emerald Point Condominium Owner's Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Cedar Ridge at the Woods Condominium Owners Association, Inc.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Richard W. Epstein
Represented By: Michael Ellis Marder, II
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Plaintiff: Westgate Resorts, Ltd.
Represented By: Brian R. Cummings
Represented By: Jeffrey Aaron Backman
Represented By: Michael E. Marder
Represented By: Michael Ellis Marder, II
Represented By: Richard W. Epstein
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