Wyndham Vacation Ownership, Inc. et al v. The Montgomery Law Firm, LLC et al
| SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation and SVC-West, LLC |
| The Montgomery Law Firm, LLC, Donnelly Snellen, Dan Chudy, Atlas Vacation Remedies, LLC, M. Scott Montgomery, Esq., W. Todd Newcomb, Esq., Catalyst Consulting Firm LLC, Jason Levi Hemingway, Principal Transfer Group, LLC, CLS, Inc., Montgomery & Newcomb, LLC, Matthew Tucker and Mutual Release Corporation |
| 6:2018cv02121 |
| December 10, 2018 |
| US District Court for the Middle District of Florida |
| Anne C Conway |
| Karla R Spaulding |
| Trademark |
| 15 U.S.C. § 1125 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 42 RETURN of service executed on 02/06/2019 by SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Americana, LLC, Wyndham Resort Development Corporation, Shell Vacations, LLC, SVC-West, LLC as to W. Todd Newcomb, Esq.. (Bennington, Alfred) |
| Set deadlines as to #31 MOTION to dismiss for lack of jurisdiction and improper venue, or in the alternative to transfer. Responses due by 4/8/2019 (RMF) |
Filing 41
ORDER granting in part #39 Unopposed Motion to Stay Motion to Dismiss and Allow Jurisdictional Discovery. Signed by Magistrate Judge Karla R. Spaulding on 2/6/2019. (ECJ)
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| Filing 40 CASE MANAGEMENT REPORT. (Bennington, Alfred) |
| Filing 39 Unopposed MOTION to stay Plaintiffs' Unopposed Motion to Stay Motion to Dismiss and Allow Jurisdictional Discovery and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred) |
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Filing 38
ORDER to Strike re: #37 Certificate of compliance filed by Catalyst Consulting Firm LLC. Signed by Magistrate Judge Karla R. Spaulding on 1/30/2019. (DMA)
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| Filing 37 (STRICKEN per ORDER #38 ) CERTIFICATE of compliance of serving Rule 26 Disclosures by Catalyst Consulting Firm LLC. (Steinfeld, David) Modified on 1/30/2019 (RMF). |
| Filing 36 RETURN of service executed on 01/20/2019 by SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Americana, LLC, Wyndham Resort Development Corporation, Shell Vacations, LLC, SVC-West, LLC as to Dan Chudy. (Bennington, Alfred) |
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Filing 35
ENDORSED ORDER granting #29 Motion to Appear Telephonically at Case Management Conference. It is ORDERED that lead counsel for all parties who have appeared in this case shall participate in the case management conference by telephone. Pursuant to Local Rule 3.05(c)(2)(B), counsel shall participate in the case management conference "regardless of the pendency of any undecided motions." Signed by Magistrate Judge Karla R. Spaulding on 1/25/2019. (Spaulding, Karla)
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| Filing 34 NOTICE of Appearance by Jonathan Phillip Hart on behalf of SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Hart, Jonathan) |
| Filing 33 STATUS report Regarding January 25th Conference, as Ordered by the Court by CLS, Inc., Principal Transfer Group, LLC, Donnelly Snellen. (Ward, Robert) |
| Filing 32 SUPPLEMENT re #29 MOTION to Appear Telephonically at CMC, 30 Order pdf by Catalyst Consulting Firm LLC. (Steinfeld, David) |
| Filing 31 MOTION to dismiss for lack of jurisdiction and improper venue, or in the alternative to transfer by CLS, Inc., Principal Transfer Group, LLC, Donnelly Snellen. (Attachments: #1 Affidavit Declaration of Hemingway, #2 Affidavit Declaration of Snellen, #3 Exhibit A -- Intake Informational Form, #4 Exhibit B -- Wyndham's Florida Intimidation Complaint Against Attorney Clapp, #5 Exhibit C -- Comments of Missouri DC Judge Regarding Wyndham's Filing of Intimidation in Florida, #6 Exhibit D -- First-filed Suit in Missouri)(Ward, Robert) |
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Filing 30
ENDORSED ORDER requiring counsel for all parties who have appeared in the case to speak to each other during a conference call, which must be completed before noon on January 25, 2019, to resolve the question of when the Case Management Conference will occur and whether all counsel may attend that conference by telephone. Counsel for movant requesting leave to appear at the conference by telephone must file a supplemental Rule 3.01(g) notice on or before 1:00 p.m. on January 25, 2019 stating the outcome of the conference. The Court notes that this is a matter that should be amicably resolved failing which the Court may schedule the conference on a date and at a location that is not convenient to any party or its counsel. Signed by Magistrate Judge Karla R. Spaulding on 1/24/2019. (Spaulding, Karla) Modified on 1/24/2019 (Spaulding, Karla).
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| Filing 29 MOTION to Appear Telephonically at CMC by Catalyst Consulting Firm LLC. (Attachments: #1 Text of Proposed Order proposed order)(Steinfeld, David) Motions referred to Magistrate Judge Karla R. Spaulding. |
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Filing 28
ENDORSED ORDER denying #27 Emergency Motion to Appear Telephonically at Case Management Conference. First, there is no 3.01(g) certification. Second, one party's unilateral limitation on the dates available to hold a case management conference does not establish an emergency for the Court. See Local Rule 3.01(e) regarding sanctions that may be imposed for the unwarranted designation of a motion as an emergency. Signed by Magistrate Judge Karla R. Spaulding on 1/24/2019. (Spaulding, Karla)
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| Filing 27 Emergency MOTION to Appear Telephonically at CMC by Catalyst Consulting Firm LLC. (Attachments: #1 Text of Proposed Order proposed order)(Steinfeld, David) Motions referred to Magistrate Judge Karla R. Spaulding. |
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Filing 26
ORDER AND DIRECTION TO THE CLERK OF COURT granting #24 Motion for Robert M. Ward, Esq. to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 1/23/2019. (DMA)
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| Filing 25 RESPONSE in Opposition re #24 MOTION for Robert M. Ward to appear pro hac vice filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
| Filing 24 MOTION for Robert M. Ward to appear pro hac vice by Atlas Vacation Remedies, LLC, CLS, Inc., Jason Levi Hemingway, Montgomery & Newcomb, LLC, M. Scott Montgomery, Esq., W. Todd Newcomb, Esq., Principal Transfer Group, LLC, Donnelly Snellen, The Montgomery Law Firm, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Watson, Coleman) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case/interested persons/ECF-2 by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred) |
| Filing 22 NOTICE of pendency of related cases re #5 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Related case(s): no (Bennington, Alfred) |
| Filing 21 WAIVER of service returned executed on 01/15/2019 by SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Americana, LLC, Wyndham Resort Development Corporation, Shell Vacations, LLC, SVC-West, LLC as to Catalyst Consulting Firm LLC. (Bennington, Alfred) |
| Filing 20 RETURN of service executed on 12/27/18 by SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Americana, LLC, Wyndham Resort Development Corporation, Shell Vacations, LLC, SVC-West, LLC as to Donnelly Snellen. (Bennington, Alfred) |
| Filing 19 RETURN of service executed on 12/13/18 by SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Americana, LLC, Wyndham Resort Development Corporation, Shell Vacations, LLC, SVC-West, LLC as to Principal Transfer Group, LLC. (Bennington, Alfred) |
| Filing 18 RETURN of service executed on 12/27/18 by SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Americana, LLC, Wyndham Resort Development Corporation, Shell Vacations, LLC, SVC-West, LLC as to CLS, Inc.. (Bennington, Alfred) |
| Filing 17 RETURN of service executed on 12/13/18 by SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Americana, LLC, Wyndham Resort Development Corporation, Shell Vacations, LLC, SVC-West, LLC as to Atlas Vacation Remedies, LLC. (Bennington, Alfred) |
| Filing 16 (Incorrect event code) PROOF of service by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Modified on 1/16/2019 (RMF). |
| Filing 15 (Incorrect event code) PROOF of service by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Modified on 1/16/2019 (RMF). |
| Filing 14 (Incorrect event code) PROOF of service by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Modified on 1/16/2019 (RMF). |
| Filing 13 (Incorrect event code) PROOF of service by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Modified on 1/16/2019 (RMF). |
| Filing 12 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Catalyst Consulting Firm LLC.(Steinfeld, David) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer or respond to #1 Complaint. CLS, Inc. answer or response due 1/24/2019; Principal Transfer Group, LLC answer or response due 1/24/2019; Donnelly Snellen answer or response due 1/24/2019. Signed by Magistrate Judge Karla R. Spaulding on 1/4/2019. (MKH)
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| Filing 10 MOTION for Extension of Time to 1/24/19 to File Answer re #1 Complaint or Otherwise Plead by CLS, Inc., Principal Transfer Group, LLC, Donnelly Snellen. (Watson, Coleman) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 1/4/2019 (RMF). |
| Filing 9 NOTICE of Appearance by Leia Villasenor Leitner on behalf of Atlas Vacation Remedies, LLC, CLS, Inc., Jason Levi Hemingway, Montgomery & Newcomb, LLC, M. Scott Montgomery, Esq., W. Todd Newcomb, Esq., Principal Transfer Group, LLC, Donnelly Snellen, The Montgomery Law Firm, LLC (Leitner, Leia) |
| Filing 8 NOTICE of Appearance by Coleman W. Watson on behalf of Atlas Vacation Remedies, LLC, CLS, Inc., Jason Levi Hemingway, Montgomery & Newcomb, LLC, M. Scott Montgomery, Esq., W. Todd Newcomb, Esq., Principal Transfer Group, LLC, Donnelly Snellen, The Montgomery Law Firm, LLC (Watson, Coleman) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case/interested persons/ECF-2 by Catalyst Consulting Firm LLC. (Steinfeld, David) |
| Filing 6 NOTICE of Appearance by David Steinfeld on behalf of Catalyst Consulting Firm LLC (Steinfeld, David) |
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Filing 5
RELATED CASE ORDER, NOTICE OF DESIGNATION under Local Rule 3.05-Track 2, INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing. Notice of pendency of other actions due by 12/28/2018, Certificate of interested persons and corporate disclosure statement due by 12/28/2018. Signed by Judge Anne C. Conway on 12/14/2018. (RMF)
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| Filing 4 SUMMONS issued as to Atlas Vacation Remedies, LLC, CLS, Inc., Catalyst Consulting Firm LLC, Dan Chudy, Jason Levi Hemingway, Montgomery & Newcomb, LLC, M. Scott Montgomery, Esq., Mutual Release Corporation, W. Todd Newcomb, Esq., Principal Transfer Group, LLC, Donnelly Snellen, The Montgomery Law Firm, LLC, Matthew Tucker. (RMF) |
| Filing 3 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint Part 1, #2 Complaint Part 2) (RMF) |
| Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Karla R. Spaulding. New case number: 6:18-cv-2121-Orl-22KRS. (SJB) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 113A-14910374) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Proposed Summons M. Scott Montgomery, Esq., #28 Proposed Summons Matthew Tucker, #29 Proposed Summons The Montgomery Law Firm, LLC, #30 Proposed Summons Montgomery & Newcomb, LLC, #31 Proposed Summons 417 MRC LLC, #32 Proposed Summons Principal Transfer Group LLC, #33 Proposed Summons W. Todd Newcomb, Esq., #34 Proposed Summons Atlas Vacation Remedies, LLC, #35 Proposed Summons Catalyst Consulting Firm, #36 Proposed Summons CLS, Inc., #37 Proposed Summons Dan Chudy, #38 Proposed Summons Donnelly Snellen, #39 Proposed Summons Jason Levi Hemingway)(Barsky, Daniel) |
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