Wyndham Vacation Ownership, Inc. et al v. Slattery, Sobel & Decamp, LLP et al
SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Americana, LLC, Shell Vacations, LLC and Wyndham Resort Development Corporation |
Carlsbad Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Del Mar Law Group, LLP, Does #1-10, Pandora Marketing, LLC a Wyoming limited liability company formerly known as Timeshare Compliance, LLC doing business as Timeshare Compliance doing business as timeshareexitcompanies.com doing business as timesharecancellationreviews.com, Kenneth Eddy, William Wilson, Andris Pukke, Timeshare Compliance, LLC, Pandora Servicing, LLC, Intermarketing Media, LLC a Wyoming limited liability company doing business as Resort Advisory Group, Power Haus Marketing Inc., Ken Eddy, James Wilson, Bo Wilson, Marc Romeo, Andy Storm and Rich Folk |
Yuge Internet Marketing, LLC, Miranda McCroskey, Robert M klein, Houston Park, Andrew M Feldman and Joshua S. Talcovitz |
Intermarketing Media, LLC |
Pandora Marketing, LLC |
6:2019cv01908 |
October 4, 2019 |
US District Court for the Middle District of Florida |
Wendy W Berger |
Embry J Kidd |
Trademark |
15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
Defendant |
Docket Report
This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 1013 Time Sensitive MOTION to Reopen Case by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1 - Dismissal Order, #2 Exhibit 2 - Stay Order)(Leger, Christian) Modified on 5/19/2023 to edit docket text (KNC). |
Filing 1012 NOTICE of Bankruptcy Dismissal by Rich Folk, Pandora Marketing, LLC, William Wilson re #1004 Order, (Benford, John) Modified on 5/17/2023 to edit docket text (KNC). |
Filing 1011 NOTICE of Bankruptcy Case Dismissal by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Leger, Christian) Modified on 5/5/2023 to edit docket text (KNC). |
Filing 1010 RESPONSE in Opposition re #1007 MOTION to Reopen Case filed by Rich Folk, Pandora Marketing, LLC, William Wilson. (Benford, John) |
Filing 1009 RESPONSE in Opposition re #1007 MOTION to Reopen Case filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5)(Gabrielson, W.) Modified on 5/3/2023 to edit docket text (KNC). |
Filing 1008 NOTICE of supplemental authority re #1007 MOTION to Reopen Case by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit Ex 1 - Tentative Ruling)(Leger, Christian) Modified on 5/2/2023 to edit docket text (KNC). |
Filing 1007 MOTION to Reopen Case by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit Ex 1 - Bankruptcy Docket, #2 Exhibit Ex 2 - 032023 Email Chain, #3 Exhibit Ex 3 - 033023 Email Chain, #4 Exhibit Ex 4 - Marketing Defs Resp, #5 Exhibit Ex 5 - Order, #6 Exhibit Ex 6 - 341 Meeting Transcript, #7 Exhibit Ex 7 - Light on Marketing, #8 Exhibit Ex 8 - Timeshare Contract Resolution Website)(Leger, Christian) Modified on 4/20/2023 to edit docket text (KNC). |
Filing 1006 RESPONSE to Motion re #1005 Time Sensitive MOTION for Clarification Lawyer Defendants' Response to Plaintiffs' Time Sensitive Motion for Clarification filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2)(Gabrielson, W.) |
Filing 1005 Time Sensitive MOTION for Clarification re #1004 Order, by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Leger, Christian) Modified on 2/14/2023 to edit docket text (KNC). |
Filing 1004 ORDER re #1001 Intermarketing Media, LLC's ("Intermarketing") Notice of Joinder #1002 Plaintiffs' Notice of Advisement of Bankruptcy and Motion to Stay Proceedings for 60 Days: given the significant overlap between the parties, in the interests of judicial economy, it is ORDERED that all other claims are STAYED pending resolution of the bankruptcy proceedings. Pandora Defendants shall file a report as to the status of the bankruptcy proceeding every 180 days from the date of this Order until the bankruptcy case has been resolved. Additionally, Pandora Defendants shall notify this Court within fourteen days of the final resolution of the bankruptcy proceeding. The Clerk is directed to terminate all pending motions and administratively close this case. Signed by Judge Wendy W. Berger on 2/13/2023. (RMF) |
Filing 1003 MEMORANDUM in opposition re #998 Motion to Stay Proceedings filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1 - Voluntary Petition, #2 Exhibit 2 - Bluegreen Carlsbad Docket, #3 Exhibit 3 - Diamond Carlsbad Docket, #4 Exhibit 4 - Pandora Servicing Dec, #5 Exhibit 5 - Folk Dep, #6 Exhibit 6 - 081221 hearing transcript, #7 Exhibit 7 - Application Gen Bank Counsel)(Leger, Christian) Modified on 2/9/2023 to edit docket text (KNC). |
Filing 1002 Amended RESPONSE re #992 Order, #990 Notice (Other), 1000 Order on Motion to Stay filed by Rich Folk, Pandora Marketing, LLC, William Wilson. (Benford, John) Modified on 2/8/2023 to edit docket text (KNC). |
Filing 1001 RESPONSE/NOTICE of Joinder re #992 Order, 1000 Order on Motion to Stay #998 MOTION to Stay of Proceedings for 60 Days filed by Intermarketing Media, LLC. (Klein, David) Modified on 2/7/2023 to edit docket text (KNC). |
Filing 1000 ENDORSED ORDER denying without prejudice #998 Motion to Stay and striking #999 Notice of Joinder for failing to comply with this Court's January 13, 2021 Standing Order, which can be found at https://www.flmd.uscourts.gov/standing-order-judge-berger-revised-local-rules. The parties are hereby placed on notice that future failures to comply with all applicable rules and orders of this Court may result in the striking or denial of filings without notice or leave to refile. Defendants may file amended filings on or before February 7, 2023.Signed by Judge Wendy W. Berger on 2/6/2023. (ETW) |
Filing 999 RESPONSE/Notice of Joinder re #992 Order, #990 Notice (Other), Plaintiffs' Notice of Advisement of Bankruptcy filed by Intermarketing Media, LLC. (Klein, David) Modified on 2/6/2023 to edit docket text (KNC). |
Filing 998 RESPONSE to Plaintiffs' Notice of Advisement of Bankruptcy and MOTION to Stay of Proceeding for 60 Days re #992 Order, #990 Notice (Other), filed by Rich Folk, Pandora Marketing, LLC, William Wilson. (Benford, John) Modified on 2/3/2023 to edit docket text (KNC). |
Filing 997 NOTICE of Lead Counsel Designation by John Y. Benford on behalf of Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. Lead Counsel: John Y. Benford, Esquire. (Benford, John) |
Filing 996 ORDER denying #881 Pandora Defendants' Motion for Reconsideration of the Court's Order#869 Overruling Pandora's Objection. Signed by Judge Wendy W. Berger on 1/27/2023. (RMF) |
Filing 995 NOTICE to counsel John Benford and Natalie Bourff of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (KNC) |
Filing 994 NOTICE of Appearance by Natalie Christian Bourff on behalf of Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Bourff, Natalie) |
Filing 993 NOTICE of Appearance by John Y. Benford on behalf of Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Benford, John) |
Filing 992 ORDER re #990 Plaintiffs' Notice of Filing of Advisement of Bankruptcy as to Defendant Pandora Servicing, LLC.: All claims against Defendant Pandora Servicing, LLC are STAYED. Defendant Pandora Servicing, LLC shall file a status report every 180 days and within fourteen days of the conclusion of the bankruptcy proceeding. On or before February 3, 2023 Defendants Pandora Marketing, LLC, Intermarketing Media, LLC, William Wilson, and Rich Folk shall respond to Plaintiffs' contention that the stay should only apply to Pandora Servicing, LLC. The Court notes that Pandora Marketing, LLC currently does not have legal representation as required by Local Rule 2.02(b)(2), and thus, to proceed in this litigation, it must have counsel file a notice of appearance on its behalf on or before January 27, 2023. Signed by Judge Wendy W. Berger on 1/20/2023. (RMF) |
Filing 991 ORDER denying #807 Motion for Leave to File a Reply; denying #832 Amended Motion for Leave to File a Reply. Signed by Judge Wendy W. Berger on 1/20/2023. (ETW) |
Filing 990 NOTICE of Filing Advisement of Bankruptcy by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 1/20/2023 to edit the docket text (RPB). |
Filing 989 ENDORSED ORDER denying #861 Pandora Defendants' Motion to Clarify Prior Court Order and Entries of Default. There is no need to clarify how the entry of a default operates. Signed by Judge Wendy W. Berger on 1/19/2023. (ETW) |
Filing 988 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) |
Filing 987 TRANSCRIPT of Zoom Hearing held on December 2, 2022, before Judge Embry J. Kidd. Court Reporter/Transcriber Nikki Peters, RMR, CRR, CRC,Telephone number courttranscripts@outlook.com, 407-835-5815. Tape Number: Digital Recording. 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 1/19/2023 Redacted Transcript Deadline set for 1/30/2023 Release of Transcript Restriction set for 3/29/2023. (NLP) |
Filing 986 NOTICE OF FILING SEALED DOCUMENT re #976 Order on Motion for Leave to File Under Seal, #936 RESPONSE in Opposition by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Attachments: #1 Exhibit 23, #2 Exhibit 26, #3 Exhibit 27, #4 Exhibit 28)(Bradford, Patrick). Modified on 12/20/2022 to edit docket text (KNC). |
Filing 985 NOTICE OF FILING SEALED DOCUMENT re #976 Order on Motion for Leave to File Under Seal, #936 RESPONSE in Opposition by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Attachments: #1 Exhibit 10, #2 Exhibit 20, #3 Exhibit 22)(Bradford, Patrick). Modified on 12/20/2022 to edit docket text (KNC). |
Filing 984 ORDER granting #983 Motion to Withdraw as Attorney. Signed by Magistrate Judge Embry J. Kidd on 12/16/2022. (AS) |
Filing 983 MOTION for John J. Bennett to Withdraw as Attorney by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 982 PLAINTIFF'S REBUTTAL BRIEF re #965 Trial Brief, #955 Brief - Plaintiff filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 12/12/2022 to edit docket text (KNC). |
Filing 981 Joint NOTICE as to Trial Transcript by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (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)(Quinn, Michael) Modified on 12/12/2022 to edit docket text (KNC). |
Filing 980 ENDORSED ORDER denying #975 Motion for Leave to File Sur-Reply. There will be no further briefing on this matter unless the Court deems it necessary. Signed by Magistrate Judge Embry J. Kidd on 12/8/2022. (Kidd, Embry) |
Filing 979 ENDORSED ORDER denying #974 Motion for Leave to File Sur-Reply. There will be no further briefing on this matter unless the Court deems it necessary. Signed by Magistrate Judge Embry J. Kidd on 12/8/2022. (Kidd, Embry) |
Filing 978 RESPONSE in Opposition re #975 MOTION for Leave to File filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 12/8/2022 to edit docket text (KNC). |
Filing 977 RESPONSE in Opposition re #974 MOTION for Leave to File filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 12/8/2022 to edit docket text (KNC). |
Filing 976 ORDER granting #957 Motion for leave to file under seal. Signed by Magistrate Judge Embry J. Kidd on 12/8/2022. (AS) |
Filing 975 Joint MOTION for Leave to File Sur-Reply to #875 Plaintiff's Motion for Default Judgment by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 12/8/2022 to edit docket text (KNC). |
Filing 974 Joint MOTION for Leave to File Sur-Reply to #874 Plaintiffs' Motion for Permanent Injunction by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 12/8/2022 to edit docket text (KNC). |
Filing 973 ORDER granting #959 Motion for leave to file under seal. Signed by Magistrate Judge Embry J. Kidd on 12/5/2022. (AS) |
Filing 972 REPLY to Response to Motion re #875 Corrected MOTION for Default Judgment against Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 12/5/2022 to edit docket text (KNC). |
Filing 971 REPLY to Response to Motion re #874 MOTION for Permanent Injunction filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 12/5/2022 to edit docket text (KNC). |
Filing 970 ORDER granting #963 Plaintiffs' Motion to Strike Defaulted Defendants' Affidavit of Fact and striking #960 the Affidavit of Fact, filed by William Wilson and Rich Folk; denying without prejudice #962 Plaintiffs' Motion for Order to Show Cause, #966 Plaintiffs' Time-Sensitive Renewed Motion for Order to Show Cause Based on Most Recent Harassment Evidencing Ongoing Sanctionable Conduct Requiring Immediate Court Intervention. Signed by Magistrate Judge Embry J. Kidd on 12/2/2022. (RMN) |
Filing 968 Minute Entry. Virtual Proceedings (Zoom) held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 12/2/2022 re #966 Time Sensitive MOTION for Order to Show Cause Based on Most Recent Harassment by Defaulted Defendants Evidencing Ongoing Sanctionable Conduct filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc.. (Zoom digital) (PML) |
Filing 967 NOTICE of hearing on motion re #966 MOTION for Order to Show Cause TIME SENSITIVE - Based on Most Recent Harassment by Defaulted Defendants Evidencing Ongoing Sanctionable Conduct - Filed. Motion Hearing set for 12/2/2022 at 2:00 PM in Zoom Video Conference before Magistrate Judge Embry J. Kidd. Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Attorneys are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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.(PML) |
Filing 966 Time Sensitive MOTION for Order to Show Cause Based on Most Recent Harassment by Defaulted Defendants Evidencing Ongoing Sanctionable Conduct by All Plaintiffs. (Quinn, Michael) Modified on 12/2/2022 to edit docket text (KNC). |
Filing 965 Lawyer Defendants' CLOSING ARGUMENT by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Modified on 12/1/2022 to edit docket text (KNC). |
Filing 964 NOTICE of Conferral by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #959 MOTION for leave to file under seal (Rubin, Glennys) Modified on 11/30/2022 to edit docket text (KNC). |
Filing 963 MOTION to Strike #960 Affidavit by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 11/28/2022 to edit docket text (KNC). |
Filing 962 MOTION for Order to Show Cause by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 11/28/2022 to edit docket text (KNC). |
Filing 961 NOTICE of Filing Supplemental Certificate of Good Faith Conference by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #957 MOTION for leave to file DOCUMENT and Maintain under seal (Bennett, John) Modified on 11/28/2022 to edit docket text (KNC). |
Filing 960 AFFIDAVIT of Fact by Rich Folk, William Wilson. (FILED PRO SE) (KNC) |
Filing 959 MOTION for Order to File Under Seal by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 11/22/2022 to edit docket text and change event (KNC). |
Filing 958 ENDORSED ORDER striking #950 Defendants, Pandora Marketing, LLC, Pandora Servicing, LLC, Rich Folk, William Wilson, and Intermarketing Media, LLC's ("Marketing Defendants") Motion to Dismiss Plaintiff's State Law Claims. The Marketing Defendants are in default and have not sought leave to file the underlying motion. Signed by Judge Wendy W. Berger on 11/21/2022. (ETW) |
Filing 957 MOTION for leave to file DOCUMENT and Maintain under seal re #936 Response in Opposition by Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Bennett, John). Modified on 11/21/2022 to edit docket text (KNC). |
Filing 956 ORDER: Pandora and Intermarketing's Motion to Reconsider the Court's Order #934 is DENIED as moot and their Corrected Motion to Reconsider the Court's Order #935 is DENIED. Signed by Judge Wendy W. Berger on 11/21/2022. (RMF) |
Filing 955 PLAINTIFF'S BRIEF re #941 Transcript #937 Transcript #954 Notice (Other), #927 Bench Trial - Held, #944 Transcript - redacted, #943 Transcript #931 Bench Trial - Completed, #924 Bench Trial - Begun, #928 Bench Trial - Held, #939 Transcript filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Quinn, Michael) Modified on 11/21/2022 to edit docket text (KNC). |
Filing 954 NOTICE of Filing Live Audio-Visual Materials Presented At Trial by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A)(Quinn, Michael) Modified on 11/17/2022 to edit docket text (KNC). |
Filing 953 RESPONSE in Opposition re #935 Corrected MOTION for Reconsideration re #922 Order on Motion to Dismiss Order on Motion to Dismiss / Lack of Jurisdiction Order on Report and Recommendations, filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Rubin, Glennys) Modified on 11/15/2022 to edit docket text (KNC). |
Filing 952 ENDORSED ORDER granting #947 Motion for Leave to File Replies. On or before December 2, 2022, Plaintiffs may file a 10-page reply as to the Motion for Default Judgment and a 5-page reply as to the Motion for Permanent Injunction. Signed by Magistrate Judge Embry J. Kidd on 11/8/2022. (Kidd, Embry) |
Set deadlines as to #874 MOTION for Permanent Injunction, #875 Corrected MOTION for Default Judgment against Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. Replies due by 12/2/2022. (KNC) |
Filing 951 NOTICE of voluntary dismissal/Withdrawal of Cross Claims by Intermarketing Media, LLC (Klein, David) Modified on 11/8/2022 to edit docket text (KNC). |
Filing 950 MOTION to Dismiss Plaintiffs Shell Vacations, LLC, SVC-Americana, LLC and SVC-Hawaii, LLC's State Claims by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A)(Bennett, John) |
Filing 949 AMENDED RESPONSE in Opposition by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. Amendment to #948 Response in Opposition to Motion, . (Attachments: #1 Exhibit A)(Bennett, John) Modified on 11/8/2022 to edit docket text (KNC). |
Filing 948 RESPONSE in Opposition re #947 MOTION for Leave to File Other Document: Replies to Defaulted Defendants' Omnibus Response filed by Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A)(Bennett, John) Modified on 11/7/2022 to edit docket text (KNC). |
Filing 947 MOTION for Leave to File Other Document: Replies to Defaulted Defendants' Omnibus Response by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 11/7/2022 to edit docket text (KNC). |
Filing 946 NOTICE Assigning Trial Exhibit Number by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 11/7/2022 to edit docket text (KNC). |
Filing 945 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) |
Filing 944 REDACTION re #943 Transcript of Bench Trial, Volume IV of IV, held 10/27/2022 before the Honorable Wendy W. Berger. Reporter's Note: Date of birth redacted on page 742, line 22. (HLS) |
Filing 943 TRANSCRIPT of Bench Trial, Volume IV of IV, held on 10/27/2022 before Judge Wendy W. Berger. Court Reporter: Heather Suarez, RPR, FCRR, CRR, FPR; Telephone number: (407) 801-8921; 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 11/25/2022. Redacted Transcript Deadline set for 12/5/2022. Release of Transcript Restriction set for 2/2/2023. (HLS) |
Filing 942 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) |
Filing 941 TRANSCRIPT of Bench Trial, Volume III of IV, held on 10/26/2022 before Judge Wendy W. Berger. Court Reporter: Heather Suarez, RPR, FCRR, CRR, FPR; Telephone number: (407) 801-8921; 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 11/25/2022. Redacted Transcript Deadline set for 12/5/2022. Release of Transcript Restriction set for 2/2/2023. (HLS) |
Filing 940 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) |
Filing 939 TRANSCRIPT of Bench Trial, Volume II of IV, held on 10/25/2022 before Judge Wendy W. Berger. Court Reporter: Heather Suarez, RPR, FCRR, CRR, FPR; Telephone number: (407) 801-8921; 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 11/25/2022. Redacted Transcript Deadline set for 12/5/2022. Release of Transcript Restriction set for 2/2/2023. (HLS) |
Filing 938 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) |
Filing 937 TRANSCRIPT of Bench Trial, Volume I of IV, held on 10/24/2022 before Judge Wendy W. Berger. Court Reporter: Heather Suarez, RPR, FCRR, CRR, FPR; Telephone number: (407) 801-8921; 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 11/25/2022. Redacted Transcript Deadline set for 12/5/2022. Release of Transcript Restriction set for 2/2/2023. (HLS) |
Filing 936 RESPONSE in Opposition re #874 MOTION for Permanent Injunction, #875 Corrected MOTION for Default Judgment against Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (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)(Bennett, John) Modified on 11/3/2022 to edit docket text (KNC). |
Filing 935 Corrected MOTION for Reconsideration re #922 Order on Motion to Dismiss Order on Motion to Dismiss / Lack of Jurisdiction Order on Report and Recommendations, by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Bennett, John) Modified on 10/31/2022 to edit docket text (KNC). |
Filing 934 MOTION for Reconsideration re #922 Order on Motion to Dismiss Order on Motion to Dismiss / Lack of Jurisdiction Order on Report and Recommendations, by Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) |
Filing 933 Exhibit List by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (RMF) |
Filing 932 Exhibit List by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (RMF) (Additional attachment(s) added on 11/1/2022: #1 Exhibit 37, #2 Exhibit 184, #3 Exhibit 185, #4 Exhibit 189, #5 Exhibit 190, #6 Exhibit 191, #7 Exhibit 201) (RMF). (Additional attachment(s) added on 11/1/2022: #8 Exhibit 208 Part 1, #9 Exhibit 208 Part 2, #10 Exhibit 208 Part 3, #11 Exhibit 213, #12 Exhibit 214, #13 Exhibit 251 Audio Clip Not Scanned (on USB), #14 Exhibit 253, #15 Exhibit 307) (RMF). (Additional attachment(s) added on 11/1/2022: #16 Exhibit 312, #17 Exhibit 318, #18 Exhibit 323, #19 Exhibit 361, #20 Exhibit 487 Audio Clip Not Scanned (see USB), #21 Exhibit 493 Audio Clip Not Scanned (see USB), #22 Exhibit 496 Audio Clip Not Scanned (see USB), #23 Exhibit 531, #24 Exhibit 580, #25 Exhibit 581, #26 Exhibit 680, #27 Exhibit 983, #28 Exhibit 1057, #29 Exhibit 1070, #30 Exhibit 1079) (RMF). (Additional attachment(s) added on 11/1/2022: #31 Exhibit 1104, #32 Exhibit 1108, #33 Exhibit 1109, #34 Exhibit 1112, #35 Exhibit 1114, #36 Exhibit 1115, #37 Exhibit 1124, #38 Exhibit 1126, #39 Exhibit 1127, #40 Exhibit 1146, #41 Exhibit 1151) (RMF). (Additional attachment(s) added on 11/1/2022: #42 Exhibit 1410 Redacted, #43 Exhibit 1509, #44 Exhibit 1511, #45 Exhibit 1513, #46 Exhibit 1515, #47 Exhibit 1516, #48 Exhibit 1518, #49 Exhibit 1519, #50 Exhibit 1520, #51 Exhibit 1528, #52 Exhibit 1529, #53 Exhibit 1530, #54 Exhibit 1538, #55 Exhibit 1539, #56 Exhibit 1542, #57 Exhibit 1550, #58 Exhibit 1551, #59 Exhibit 1555, #60 Exhibit 1556, #61 Exhibit 1558, #62 Exhibit 1559) (RMF). (Additional attachment(s) added on 11/1/2022: #63 Exhibit 1562, #64 Exhibit 1568, #65 Exhibit 1577, #66 Exhibit 1578, #67 Exhibit 1579, #68 Exhibit 1580, #69 Exhibit 1581, #70 Exhibit 1583, #71 Exhibit 1584, #72 Exhibit 1587, #73 Exhibit 1588, #74 Exhibit 1592, #75 Exhibit 1601, #76 Exhibit 1605, #77 Exhibit 1609, #78 Exhibit 1614, #79 Exhibit 1617, #80 Exhibit 1618) (RMF). (Additional attachment(s) added on 11/1/2022: #81 Exhibit 1619, #82 Exhibit 1620, #83 Exhibit 1621, #84 Exhibit 1622, #85 Exhibit 1627, #86 Exhibit 1628, #87 Exhibit 1629, #88 Exhibit 1630, #89 Exhibit 1631, #90 Exhibit 1632, #91 Exhibit 1634, #92 Exhibit 1637) (RMF). (Additional attachment(s) added on 11/1/2022: #93 Exhibit 1638, #94 Exhibit 1639, #95 Exhibit 1642, #96 Exhibit 1643, #97 Exhibit 1648, #98 Exhibit 1653, #99 Exhibit 1654, #100 Exhibit 1661, #101 Exhibit 1662, #102 Exhibit 1667, #103 Exhibit 1677, #104 Exhibit 1684, #105 Exhibit 1686, #106 Exhibit 1690, #107 Exhibit 1691) (RMF). (Additional attachment(s) added on 11/1/2022: #108 Exhibit 1692, #109 Exhibit 1693, #110 Exhibit 1697, #111 Exhibit 1698, #112 Exhibit 1700, #113 Exhibit 1702, #114 Exhibit 1703, #115 Exhibit 1704, #116 Exhibit 1705, #117 Exhibit 1707, #118 Exhibit 1708, #119 Exhibit 1711, #120 Exhibit 1730, #121 Exhibit 1734, #122 Exhibit 1748, #123 Exhibit 1750, #124 Exhibit 1751, #125 Exhibit 1752, #126 Exhibit 1754, #127 Exhibit 1758, #128 Exhibit 1763, #129 Exhibit 1769, #130 Exhibit 1770, #131 Exhibit 1771, #132 Exhibit 1772, #133 Exhibit 1773, #134 Exhibit 1774, #135 Exhibit 1776, #136 Exhibit 1777, #137 Exhibit 1778, #138 Exhibit 1780, #139 Exhibit 1781) (RMF). (Additional attachment(s) added on 11/1/2022: #140 Exhibit 1782, #141 Exhibit 1784, #142 Exhibit 1787, #143 Exhibit 1791, #144 Exhibit 1793, #145 Exhibit 1803, #146 Exhibit 1806) (RMF). (Additional attachment(s) added on 11/1/2022: #147 Exhibit 1810 Part 1, #148 Exhibit 1810 Part 2, #149 Exhibit 1810 Part 3, #150 Exhibit 1810 Part 4) (RMF). (Additional attachment(s) added on 11/2/2022: #151 Exhibit 1811, #152 Exhibit 1812, #153 Exhibit 1813, #154 Exhibit 1815, #155 Exhibit 1816, #156 Exhibit 1819, #157 Exhibit 1857, #158 Exhibit 1860, #159 Exhibit 1904, #160 Exhibit 2017, #161 Exhibit 2041, #162 Exhibit 2047, #163 Exhibit 2049, #164 Exhibit 2051, #165 Exhibit 2055, #166 Exhibit 2057, #167 Exhibit 2064, #168 Exhibit 2070, #169 Exhibit 2078, #170 Exhibit 2079, #171 Exhibit 2080, #172 Exhibit 2083) (RMF). (Additional attachment(s) added on 11/2/2022: #173 Exhibit 2084, #174 Exhibit 2088, #175 Exhibit 2092, #176 Exhibit 2095, #177 Exhibit 2100, #178 Exhibit 2101, #179 Exhibit 2102, #180 Exhibit 2104, #181 Exhibit 2105, #182 Exhibit 2111, #183 Exhibit 2115, #184 Exhibit 2120, #185 Exhibit 2124, #186 Exhibit 2128, #187 Exhibit 2129, #188 Exhibit 2134) (RMF). (Additional attachment(s) added on 11/2/2022: #189 Exhibit 2143, #190 Exhibit 2146, #191 Exhibit 2155, #192 Exhibit 2156, #193 Exhibit 2160, #194 Exhibit 2161, #195 Exhibit 2162, #196 Exhibit 2163, #197 Exhibit 2164, #198 Exhibit 2165, #199 Exhibit 2168, #200 Exhibit 2169, #201 Exhibit 2170, #202 Exhibit 2172, #203 Exhibit 2175, #204 Exhibit 2176, #205 Exhibit 2177, #206 Exhibit 2179) (RMF). |
Filing 931 Minute Entry. In Person Proceedings held before Judge Wendy W. Berger: BENCH TRIAL DAY 4 completed on 10/27/2022. Court Reporter: Heather Suarez (RMF) |
Filing 930 Second NOTICE Regarding Admitted Trial Exhibits by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1)(Quinn, Michael) Modified on 10/28/2022 to edit docket text (KNC). |
Filing 929 NOTICE Regarding Admitted Trial Exhibits by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Quinn, Michael) Modified on 10/27/2022 to edit docket text (KNC). |
Filing 928 Minute Entry. In Person Proceedings held before Judge Wendy W. Berger: BENCH TRIAL DAY 3 held on 10/26/2022. Court Reporter: Heather Suarez (RMF) |
Filing 927 Minute Entry. In Person Proceedings held before Judge Wendy W. Berger: BENCH TRIAL DAY 2 held on 10/25/2022. Court Reporter: Heather Suarez (RMF) |
Filing 926 ENDORSED ORDER denying #925 Motion to File Excess Pages. Omnibus responses are typically allowed for the sake of efficiency when the omnibus response utilizes fewer pages than two separate responses combined. Here, the moving Defendants seek both to file an omnibus response and to exceed the combined page limit. Notably, neither of the motions exceeds the page limit allowed by the Local Rules. The Court will allow the moving Defendants to file an omnibus response, but will deny the request for it to exceed 40 pages. Signed by Magistrate Judge Embry J. Kidd on 10/25/2022. (Kidd, Embry) |
Filing 925 Joint Time-Sensitive MOTION to File Excess Pages by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 10/25/2022 to edit docket text (KNC). |
Filing 924 Minute Entry. In Person Proceedings held before Judge Wendy W. Berger: BENCH TRIAL DAY 1 held on 10/24/2022. Court Reporter: Heather Suarez (RMF) |
Filing 923 Joint Supplemental Trial STIPULATIONS re #883 Pretrial statement, by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Quinn, Michael) Modified on 10/24/2022 to edit docket text (KNC). |
Filing 922 ORDER: Defendants' Objections #852 and #856 are OVERRULED. The Report and Recommendation #844 is ADOPTED and CONFIRMED and made a part of this Order. Lawyer Defendants' Motion to Dismiss for Lack of Standing #800 and Marketing Defendants' Motion to Dismiss for Lack of Standing #802 are DENIED. Signed by Judge Wendy W. Berger on 10/21/2022. (RMF) |
Filing 921 ENDORSED ORDER granting Lawyer Defendants' #917 Motion for Clarification. The Court construes Lawyer Defendants' Motion for Clarification as a motion to submit their exhibits electronically. Lawyer Defendants shall submit the entirety of their exhibits via four external hard drives or thumb drives, each attached to a hard copy of the complete exhibit list. Lawyer Defendants shall provide a hard copy of any and all paper records they reasonably anticipate offering into evidence at the start of the trial.Signed by Judge Wendy W. Berger on 10/20/2022. (ETW) |
Filing 918 NOTICE of Filing Corrected Motion for Default Judgment Against Telemarketing Defendants and Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #905 Order on Motion to Seal, #913 Order on Motion to Seal, #875 Corrected MOTION for Default Judgment against Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Attachments: #1 Exhibit 1)(Quinn, Michael) Modified on 10/20/2022 to edit docket text (KNC). |
Filing 917 Time-Sensitive MOTION for Clarification re 911 Order on Motion for Miscellaneous Relief, by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) Modified on 10/20/2022 to edit docket text (KNC). |
Filing 916 ORDER that the Motion #906 is granted in part. Any equipment not designated in this Order is not permitted and, to the extent it has been requested, such request is DENIED. The parties may access the Court's wireless internet connection in accordance with all applicable terms and conditions thereof. All cell phones must remain on vibrate or silent mode while in the courthouse and all other equipment shall be maintained to avoid disruption of the proceedings. Signed by Judge Wendy W. Berger on 10/19/2022. (RMF) |
Filing 915 ENDORSED ORDER denying as moot #912 Motion for Reconsideration / Clarification in light of the Order granting in part #901 Motion to Seal. Signed by Magistrate Judge Embry J. Kidd on 10/19/2022. (AS) |
Filing 914 ENDORSED ORDER granting in part and denying in part #895 Motion for Extension of Time to File Response / Reply. The Pandora and Intermarketing Defendants may have until and through 14 days after the filing of the sealed Motions for Default Judgment to file their responses. Signed by Magistrate Judge Embry J. Kidd on 10/19/2022. (AS) |
Filing 913 ORDER granting in part #901 Motion to Seal. Signed by Magistrate Judge Embry J. Kidd on 10/19/2022. (AS) |
Filing 912 MOTION for Clarification of the Effect The Court's October 17, 2022 Order Has Upon The Pandora Defendants' Four Pending Public Right of Access Issues re #905 Order on Motion to Seal by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 10/19/2022 to edit docket text (KNC). |
Filing 911 ENDORSED ORDER granting #907 Plaintiffs' Consent Time Sensitive Motion For Leave to Submit Trial Exhibits Electronically. Plaintiffs shall submit the entirety of their exhibits via four external hard drives or thumb drives, each attached to a hard copy of the complete exhibit list. Plaintiffs shall provide a hard copy of any and all paper records they reasonably anticipate offering into evidence at the start of the trial. Signed by Judge Wendy W. Berger on 10/18/2022. (ETW) |
Filing 910 Amended Witness List by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Modified on 10/19/2022 to edit docket text (KNC). |
Filing 909 RESPONSE to Motion re #895 MOTION for Extension of Time to File Response/Reply as to #874 MOTION for Permanent Injunction, #875 Corrected MOTION for Default Judgment against Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William W filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit Composite Exhibit 1, #2 Exhibit Composite Exhibit 2)(Quinn, Michael) Modified on 10/18/2022 to edit docket text (KNC). |
Filing 908 NOTICE of Filing Supplemental Deposition Designations and Corrected Exhibit List For Trial by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #883 Pretrial statement, (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Quinn, Michael) Modified on 10/18/2022 to edit docket text (KNC). |
Filing 907 Consent Time-Sensitive MOTION for Miscellaneous Relief, specifically to Submit Trial Exhibits Electronically by All Plaintiffs. (Quinn, Michael) Modified on 10/18/2022 to edit docket text (KNC). |
Filing 906 Joint Time-Sensitive MOTION for Miscellaneous Relief, specifically Permission to bring electronic and technical devices and equipment into Court by All Plaintiffs. (Quinn, Michael) Modified on 10/18/2022 to edit docket text (KNC). |
Filing 905 ORDER granting in part #894 Motion to Seal. Signed by Magistrate Judge Embry J. Kidd on 10/17/2022. (AS) |
Filing 904 ORDER denying #878 Time Sensitive MOTION to Strike. Signed by Magistrate Judge Embry J. Kidd on 10/14/2022. (AS) |
Filing 903 Joint RESPONSE in Opposition re #885 MOTION for Order to Show Cause filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 10/13/2022 to edit docket text (KNC). |
Filing 902 RESPONSE in Partial Opposition re #901 Partially Unopposed MOTION to Seal Plaintiffs Motions at DE 874 and 875 and certain exhibits attached thereto pursuant to Local Rule 1.11 filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) Modified on 10/13/2022 to edit docket text (KNC). |
Set deadlines as to #895 MOTION for Extension of Time to File Response/Reply as to #874 MOTION for Permanent Injunction, #875 Corrected MOTION for Default Judgment against Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William W. Responses due by 10/17/2022 (KNC) |
Filing 901 Partially Unopposed MOTION to Seal Plaintiffs Motions at DE 874 and 875 and certain exhibits attached thereto pursuant to Local Rule 1.11 by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 10/12/2022 to edit docket text (KNC). |
Filing 900 ENDORSED ORDER taking under advisement #895 Motion for Extension of Time. Plaintiffs are directed to respond on or before October 17, 2022. Signed by Magistrate Judge Embry J. Kidd on 10/11/2022. (Kidd, Embry) |
Filing 899 ENDORSED ORDER granting #897 Motion to Join. The Court notes that Intermarketing joins in the request made at Doc. 895. Signed by Magistrate Judge Embry J. Kidd on 10/11/2022. (Kidd, Embry) |
Filing 898 RESPONSE in Partial Opposition re #894 MOTION to Seal DE 874 & 875 pursuant to Local Rule 1.11 filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 10/12/2022 to edit docket text(KNC). |
Filing 897 MOTION for Joinder to DE 895 by Intermarketing Media, LLC. (Klein, David) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 896 CERTIFICATE of compliance re #894 MOTION to Seal DE 874 & 875 pursuant to Local Rule 1.11 3.01(g)(2) Amended Certification by Intermarketing Media, LLC. (Klein, David) |
Filing 895 MOTION for Extension of Time to File Response/Reply as to #874 MOTION for Permanent Injunction, #875 Corrected MOTION for Default Judgment against Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 894 MOTION to Seal DE 874 & 875 pursuant to Local Rule 1.11 by Intermarketing Media, LLC. (Klein, David) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 893 MEMORANDUM in opposition re #881 Motion for Reconsideration / Clarification, Plaintiffs' Memorandum of Law in Opposition to Pandora's Motion For Reconsideration filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Quinn, Michael) |
Filing 892 NOTICE by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP Lawyer Defendants' Notice of Filing Counter Deposition Designations and Objections to Testimony Through Certain Depositions (Gabrielson, W.) |
Filing 891 RESPONSE in Opposition re #878 Time Sensitive MOTION to Strike, or in the Alternative, to Extend Time for Response filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) |
Filing 890 ENDORSED ORDER granting in part and denying in part #887 Motion for Extension of Time. While the undersigned is sympathetic to the effects of Hurricane Ian on counsel, the Motion fails to explain why Pandora's New York counsel cannot file the motion to seal on time or why the motion could not be completed between Monday (when Pandora's Florida counsel was admittedly available) and the end of Friday. Nevertheless, the Court will grant a brief extension of time until October 11, 2022, to file a motion to seal. Signed by Magistrate Judge Embry J. Kidd on 10/5/2022. (Kidd, Embry) Modified on 10/5/2022 to extend motion to seal deadline by one day, per Chambers. (KNC). |
Filing 889 RESPONSE in Opposition re #887 Time-Sensitive MOTION for Extension of Time to File Motion to Seal pertaining to #874 and #875 filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Quinn, Michael) Modified on 10/5/2022 to edit docket text (KNC). |
Filing 888 ENDORSED ORDER taking under advisement #887 Motion for Extension of Time. The deadline to file a motion to seal is tolled pending the Court's resolution of this matter. Plaintiffs may file a response prior to the 14-day deadline if they seek an expedited ruling. Signed by Magistrate Judge Embry J. Kidd on 10/4/2022. (Kidd, Embry) |
Filing 887 Time-Sensitive MOTION for Extension of Time to File Motion to Seal pertaining to #874 and #875 by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 10/4/2022 to edit docket text (KNC). |
Filing 886 NOTICE of Supplemental Conferral by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #885 MOTION for Order to Show Cause (Rubin, Glennys) Modified on 10/3/2022 to edit docket text (KNC). |
Filing 885 MOTION for Order to Show Cause by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 10/3/2022 to edit docket text (KNC). |
Filing 884 ORDER granting #880 Defendant's Renewed Motion to Withdraw as Counsel. Attorney Daniel DeSouza is terminated. Signed by Magistrate Judge Embry J. Kidd on 9/27/2022. (AS) |
Filing 883 PRETRIAL statement by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (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)(Quinn, Michael) |
Filing 882 ENDORSED ORDER taking under advisement #878 Motion to Strike. The Court does not find good cause to treat the Motion to Strike on an expedited basis. If the Pandora Defendants seek an extension of time to respond to the pending motions, they must file a separate motion requesting such relief rather than embedding their request in the Motion to Strike. Signed by Magistrate Judge Embry J. Kidd on 9/26/2022. (Kidd, Embry) |
Filing 881 MOTION for Reconsideration re #869 Order on Motion for Miscellaneous Relief Order on Motion for Sanctions Order on Report and Recommendations, by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) |
Filing 880 Renewed MOTION for Daniel DeSouza to Withdraw as Attorney by Intermarketing Media, LLC. (DeSouza, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/26/2022 to edit docket text (KNC). |
Filing 879 RESPONSE in Opposition re #861 MOTION for Clarification re #692 Clerk's Entry of Default, #693 Clerk's Entry of Default, #691 Clerk's Entry of Default, #694 Clerk's Entry of Default, #689 Order on Motion for Sanctions, Order on Report and Recommendations filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 9/23/2022 to edit docket text (KNC). |
Filing 878 Time Sensitive MOTION to Strike, or in the Alternative, to Extend Time for Response #874 MOTION for Permanent Injunction, #875 Corrected MOTION for Default Judgment against Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A)(Bennett, John) Modified on 9/23/2022 to edit docket text (KNC). |
Filing 877 ENDORSED ORDER striking 873 Plaintiffs' Motion for Default Judgment Against Telemarketing Defendants. For the reasons set forth in #876 Plaintiffs' Notice of Filing Corrected Motion, the Clerk is directed to strike and delete Docket Entry 873 and all attachments thereto from the record. Signed by Judge Wendy W. Berger on 9/20/2022. (ETW) |
Filing 876 NOTICE of filing corrected motion by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 9/21/2022, to edit docket text. (SPB). |
Filing 875 Corrected MOTION for Default Judgment against Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson by All Plaintiffs. (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)(Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/20/2022 to edit docket text (KNC). |
Filing 874 MOTION for Permanent Injunction by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (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)(Quinn, Michael) Modified on 9/20/2022 to edit docket text (KNC). |
Filing 873 **STRICKEN AND REMOVED PER 877 ORDER** MOTION for Default Judgment against Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Resort Development Corporation, Shell Vacations, LLC, SVC-Americana, LLC. (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)(Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/20/2022 to edit docket text (KNC). Modified on 9/20/2022 to edit docket text (KNC). |
Filing 872 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) |
Filing 871 TRANSCRIPT of Trial Status Conference held on 09/13/2022 before Judge Wendy W. Berger. Court Reporter: Heather Suarez, RPR, FCRR, CRR, FPR; Telephone number: (407) 801-8921; 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 10/11/2022. Redacted Transcript Deadline set for 10/20/2022. Release of Transcript Restriction set for 12/19/2022. (HLS) |
Filing 870 ENDORSED ORDER denying #867 Motion for Leave to File a Reply. Signed by Magistrate Judge Embry J. Kidd on 9/16/2022. (Kidd, Embry) |
Filing 869 ORDER granting in part and denying in part #724 Plaintiffs' Motion for Assessment of Expenses and Fees; denying #799 Defendants' Motion for Sanctions; adopting #841 Report and Recommendations. Signed by Judge Wendy W. Berger on 9/16/2022. (MDJ) |
Filing 868 RESPONSE in Opposition re #867 MOTION for Leave to File Reply filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 9/16/2022 to edit docket text (KNC). |
Filing 867 MOTION for Leave to File Reply #851 Response in Opposition by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 9/15/2022 to edit docket text (KNC). |
Filing 866 NOTICE OF RESCHEDULING HEARING: The Jury Trial previously scheduled for 10/24/2022 is rescheduled as a Bench Trial set for 10/24/2022 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (RMF) |
Filing 865 Minute Entry. In Person Proceedings held before Judge Wendy W. Berger: TRIAL STATUS CONFERENCE held on 9/13/2022. Court Reporter: Heather Suarez (RMF) |
reset scheduling order deadlines: Joint Pretrial statement due by 9/26/2022. (RMF) |
Filing 864 MEMORANDUM in opposition re #852 Objection filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rubin, Glennys) Modified on 9/13/2022 to edit docket text (KNC). |
Filing 863 MEMORANDUM in opposition re #856 Objection filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rubin, Glennys) Modified on 9/13/2022 to edit docket text (KNC). |
Filing 862 RESPONSE in Opposition re #855 Request for oral argument, filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 9/13/2022 to edit docket text (KNC). |
Filing 861 MOTION for Clarification re #692 Clerk's Entry of Default, #693 Clerk's Entry of Default, #691 Clerk's Entry of Default, #694 Clerk's Entry of Default, #689 Order on Motion for Sanctions, Order on Report and Recommendations by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) |
Filing 860 RESPONSE in Opposition re #853 Request for oral argument filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 9/8/2022 to edit docket text (KNC). |
Filing 859 ENDORSED ORDER granting in part #857 Plaintiffs' Partially Unopposed and Agreed Time-Sensitive Motion for Leave to Exceed Page Limits and Extend Deadline to Respond. Plaintiffs shall file their response to the Pandora Objection #852 on or before September 12, 2022. Plaintiffs' motion is denied in all other respects. Signed by Judge Wendy W. Berger on 9/6/2022. (ETW) |
Filing 858 RESPONSE in Opposition re #857 Time-Sensitive MOTION to Exceed Page Limits and for Extension of Time to File Response/Reply filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Modified on 9/6/2022 to edit docket text (KNC). |
Filing 857 Time-Sensitive MOTION to Exceed Page Limits and for Extension of Time to File Response/Reply as to #854 Objection, #852 Objection, #856 Objection by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/2/2022 to edit docket text (KNC). |
Filing 856 Amended OBJECTION re #844 REPORT AND RECOMMENDATIONS re #800 MOTION to Dismiss Amended Complaint for Lack of Standing filed by Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Carlsbad Law Group, LLP, #802 MOTION to Dismi s - AMENDED. (Attachments: #1 Exhibit 1-5th Suppl Rule 26 Disclosure, #2 Exhibit 2-Cert of Interested Persons, #3 Exhibit 3-Initial Rule 26 Disclosure 12.18.19, #4 Exhibit 4-PF Response to LD First RFP, #5 Exhibit 5-PFResponse to Pandora First RFP, #6 Exhibit 6-PF Response to IM First RFP, #7 Exhibit 7-Hrg Transcript 10.19.20, #8 Exhibit 8-Part 1 Plaintiffs Trial Exhibit List, #9 Exhibit 8-Part 2 Plaintiffs Trial Exhibit List, #10 Exhibit 9-Investors Day Presentation Chart (2007), #11 Exhibit 10-Square One Jont Status Report (2.4.22), #12 Exhibit 11-Doc. 748 at Page 2 - LD Short Form Motion to Dismiss, #13 Exhibit 12-WSG 2.16.22 Email)(Gabrielson, W.) Modified on 8/30/2022 to edit docket text (KNC). |
Filing 855 REQUEST for oral argument re #854 Objection to Report and Recommendation by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Modified on 8/30/2022 to edit docket text (KNC). |
Filing 854 OBJECTION re #844 REPORT AND RECOMMENDATIONS re #800 MOTION to Dismiss Amended Complaint for Lack of Standing filed by Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Carlsbad Law Group, LLP, #802 MOTION to Dismi . (Attachments: #1 PF 5th Am Rule 26 Disclosure, #2 PF Cert of Interested Persons, #3 PF 12.18.19 Rule 26 Disclosure, #4 PF Response to LD RFP, #5 PF Response to Pandora RFP, #6 PF Response to IM RFP, #7 10.19.2020 Hrg Transcript, #8 PF Trial Exhibit List Part 1, #9 PF Trial Exhibit List Part 2, #10 Investors Day Presentation 2007, #11 Square One Joint Status Report (2.4.22), #12 Doc 748 at Page 2 - LD Short Form M-Leave to File M-Dismiss for Lack of Standing, #13 WSG 2.16.2022 Email)(Gabrielson, W.) |
Filing 853 REQUEST for oral argument re #852 Objection, by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) |
Filing 852 OBJECTION re #844 REPORT AND RECOMMENDATIONS re #800 MOTION to Dismiss Amended Complaint for Lack of Standing filed by Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Carlsbad Law Group, LLP, #802 MOTION to Dismi . (Bennett, John) |
Filing 851 RESPONSE to objections to #841 Report and Recommendations filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) Modified on 8/26/2022 to edit docket text (KNC). |
Filing 850 ENDORSED ORDER granting #847 Motion for Extension of Time. The Court finds good cause to grant an extension until August 29, 2022, for the Lawyer Defendants to file their objections. Signed by Magistrate Judge Embry J. Kidd on 8/23/2022. (Kidd, Embry) |
Filing 849 RESPONSE in Opposition re #847 Time-Sensitive MOTION for Extension of Time to File Objections to Report and Recommendations and Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1)(Quinn, Michael) Modified on 8/24/2022 to edit docket text (KNC). |
Filing 848 ENDORSED ORDER taking under advisement #847 Motion for Extension of Time. Plaintiffs are directed to file their response today. Signed by Magistrate Judge Embry J. Kidd on 8/23/2022. (Kidd, Embry) |
Filing 847 Time-Sensitive MOTION for Extension of Time to File Objections to Report and Recommendations and Memorandum of Law by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/23/2022 to edit docket text (KNC). |
Filing 846 ENDORSED ORDER granting #845 Motion for Extension of Time. The Court finds good cause to extend the response deadline to August 25, 2022. Signed by Magistrate Judge Embry J. Kidd on 8/16/2022. (Kidd, Embry) |
Filing 845 Time-Sensitive MOTION for Extension of Time to File Response/Reply as to #842 Objection by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/17/2022 to edit docket text (KNC). |
Filing 844 REPORT AND RECOMMENDATIONS re #800 Motion to Dismiss Amended Complaint and #802 Motion to Dismiss for Lack of Jurisdiction. I respectfully recommend that the Court deny the Motions. Signed by Magistrate Judge Embry J. Kidd on 8/11/2022. (IRM) |
Filing 843 ENDORSED ORDER denying #836 Motion for Leave to File Omnibus Sur-Reply. The Court will decide this issue on the current briefing. Signed by Magistrate Judge Embry J. Kidd on 8/10/2022. (IRM) |
Filing 842 OBJECTION re #841 REPORT AND RECOMMENDATIONS re #724 MOTION for Miscellaneous Relief, specifically award Wyndham its reasonable costs, including attorneys' fees (Bennett, John) Modified on 8/5/2022 to edit docket text (KNC). |
Filing 841 REPORT AND RECOMMENDATIONS. I respectfully recommend the Court grant in part and deny in part #724 Motion for Assessment of Expenses and Fees and deny #799 Motion for Sanctions. Signed by Magistrate Judge Embry J. Kidd on 7/22/2022. (IRM) |
Filing 840 RESPONSE to Motion re #836 MOTION for Leave to File Other Document: Omnibus Sur-Reply in Support of Its Opposition to Defendants' Motion to Dismiss filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit 1)(Gabrielson, W.) Modified on 7/13/2022 to edit docket text (KNC). |
Filing 839 MEMORANDUM in opposition re #836 Motion for Leave to File Amicus Brief / Document, filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 7/13/2022 to edit docket text (KNC). |
Filing 838 NOTICE of Conferral by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #836 MOTION for Leave to File Other Document: Omnibus Sur-Reply in Support of Its Opposition to Defendants' Motion to Dismiss (Rubin, Glennys) Modified on 7/13/2022 to edit docket text (KNC). |
Filing 837 ENDORSED ORDER denying #828 Motion for Leave to File Reply to #820 Response in Opposition to Motion for Sanctions. The Court will decide this issue on the current briefing. Signed by Magistrate Judge Embry J. Kidd on 7/12/2022. (IRM) |
Filing 836 MOTION for Leave to File Other Document: Omnibus Sur-Reply in Support of Its Opposition to Defendants' Motion to Dismiss by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 7/12/2022 (KNC). |
Filing 835 REPLY to Response to Motion re #802 MOTION to Dismiss for Lack of Jurisdiction filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bennett, John) |
Filing 834 REPLY to Response to Motion re #800 MOTION to Dismiss Amended Complaint for Lack of Standing filed by Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit 1)(Gabrielson, W.) |
Filing 833 RESPONSE in Opposition re #832 MOTION for Leave to File filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 7/8/2022 (KNC). |
Filing 832 Amended MOTION for Leave to File Reply to Response Re: #790 Objection by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 7/7/2022 (KNC). |
Filing 831 NOTICE of Filing Unredacted Response in Opposition to Motion for Sanctions by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re 824 Order no pdf, (Attachments: #1 Exhibit 1)(Rubin, Glennys) Modified on 7/7/2022 (KNC). |
Filing 830 RESPONSE in Opposition re #828 MOTION for Leave to File a Reply to the Response to #799 MOTION for Sanctions filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 7/7/2022 (KNC). |
Filing 829 NOTICE of Filing Certificate of Good Faith Conference by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #828 MOTION for Leave to File a Reply to the Response to #799 MOTION for Sanctions (Bennett, John) Modified on 7/7/2022 (KNC). |
Filing 828 MOTION for Leave to File a Reply to the Response to #799 MOTION for Sanctions by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Motions referred to Magistrate Judge Embry J. Kidd. Text modified on 7/6/2022 (RDO). |
Filing 827 ENDORSED ORDER granting in part #825 Motion for Leave to File Reply; granting in part #826 Motion for Leave to Reply. The Lawyer Defendants and Pandora Defendants may each file a reply, not to exceed seven pages, on or before July 8, 2022. Signed by Magistrate Judge Embry J. Kidd on 6/30/2022. (IRM) |
Set deadlines: Replies due by 7/8/2022. (KNC) |
Filing 826 MOTION for Leave to File Other Document: Reply to Plaintiffs' #822 Omnibus Response in Opposition to Pandora Defendants and Lawyer Defendants' Motion to Dismiss by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 6/30/2022 (KNC). |
Filing 825 MOTION for Leave to File Other Document: Reply to Plaintiffs' #822 Omnibus Response in Opposition to Pandora Defendants and Lawyer Defendants' Motion to Dismiss by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 6/30/2022 (KNC). |
Filing 824 ENDORSED ORDER re #820 Response in Opposition to Motion for Sanctions. Any motion to seal the #820 Response in Opposition must be filed on or before July 5, 2022. If no motion to seal is filed, the unredacted Response must be filed on July 6, 2022. Signed by Magistrate Judge Embry J. Kidd on 6/28/2022. (IRM) |
Filing 823 RESPONSE to Motion re #807 MOTION for Leave to File a Reply in Support of #790 Objection filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A)(Rubin, Glennys) Modified on 6/23/2022 (SPM). |
Filing 822 Omnibus RESPONSE in Opposition re #800 MOTION to Dismiss Amended Complaint for Lack of Standing, #802 MOTION to Dismiss for Lack of Jurisdiction filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2, #4 Exhibit B Part 3, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Quinn, Michael) Modified on 6/22/2022 (KNC). |
Filing 821 RESPONSE in Opposition re #801 REQUEST for Oral Argument #803 REQUEST for Oral Argument filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 6/22/2022 (KNC). |
Filing 820 RESPONSE in Opposition re #799 MOTION for Sanctions filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Quinn, Michael) Modified on 6/21/2022 (KNC). |
Filing 819 ENDORSED ORDER denying without prejudice #818 Motion to Withdraw as Attorney for failure to comply with Local Rule 2.02(c)(1)(B)(i). Signed by Magistrate Judge Embry J. Kidd on 6/21/2022. (IRM) |
Filing 818 MOTION for Daniel DeSouza to Withdraw as Attorney by Intermarketing Media, LLC. (DeSouza, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 817 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) |
Filing 816 TRANSCRIPT of Trial Status Conference held on 06/14/2022 before Judge Wendy W. Berger. Court Reporter: Heather Suarez, RPR, FCRR, CRR; Telephone number: (407) 801-8921; 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 7/11/2022. Redacted Transcript Deadline set for 7/19/2022. Release of Transcript Restriction set for 9/16/2022. (HLS) |
Filing 815 TRANSCRIPT of Trial Status Conference held on 06/14/2022 before Judge Wendy W. Berger. Court Reporter: Heather Suarez, RPR, FCRR, CRR; Telephone number: (407) 801-8921; 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 7/11/2022. Redacted Transcript Deadline set for 7/19/2022. Release of Transcript Restriction set for 9/16/2022. (HLS) |
Filing 814 ENDORSED ORDER granting #811 Unopposed Motion for Leave to Exceed Page Limits. Plaintiffs may file one document, not to exceed 30 pages, responding to #800 and #802 the Motions to Dismiss. Signed by Magistrate Judge Embry J. Kidd on 6/14/2022. (IRM) |
Filing 813 NOTICE of hearing: Jury Trial set for date certain 10/24/2022 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger (5 days). Trial Status Conference set for 9/13/2022 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (RMF) |
Filing 812 Minute Entry. In Person Proceedings held before Judge Wendy W. Berger: TRIAL STATUS CONFERENCE held on 6/14/2022. Court Reporter: Heather Suarez (RMF) |
Filing 811 Unopposed and Agreed Time-Sensitive MOTION for Leave to Exceed Page Limits as to Response in Opposition by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 6/14/2022 (KNC). |
reset scheduling order deadlines: Joint Pretrial statement due by 9/15/2022. (RMF) |
Filing 810 ENDORSED ORDER denying as moot #680 Plaintiffs' Motion to Strike Defendant Intermarketing's Memorandum of Law in Opposition to Plaintiffs' Motion in Limine. Signed by Judge Wendy W. Berger on 6/13/2022. (ETW) |
Filing 809 ENDORSED ORDER denying as moot #645 Lawyer Defendants' Motion to Allow Live Remote Testimony at Trial, and #683 Lawyer Defendants' Motion for Leave to File Reply to Plaintiffs' Opposition. Lawyer Defendants may file their motion if needed once the case is set for trial. Signed by Judge Wendy W. Berger on 6/13/2022. (ETW) |
Filing 808 ORDER: Lawyer Defendants' Motions in Limine #640 is DENIED as moot. Plaintiffs' Motion in Limine #646 is GRANTED in part as set forth in this Order and DENIED in part. Lawyer Defendants' Amended Motions in Limine #650 is GRANTED in part as set forth in this Order and DENIED in part. Signed by Judge Wendy W. Berger on 6/10/2022. (RMF) |
Filing 807 MOTION for Leave to File a Reply in Support of #790 Objection by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 6/9/2022 (RDO). |
Filing 806 ENDORSED ORDER granting in part and denying in part #805 Motion for Extension of Time and for Additional Pages. Plaintiffs may have until June 21, 2022, to file their opposition. Plaintiffs' request for additional pages is denied. Signed by Magistrate Judge Embry J. Kidd on 6/1/2022. (IRM) |
Filing 805 Partially Consented Time Sensitive MOTION for Extension of Time to File Opposition to Pandora's Motion for Sanctions and For Additional Pages by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 6/1/2022 (KNC). |
Filing 804 ORDER: Defendant Slattery's Motion in Limine #641 is DENIED. Plaintiff's Motion to Strike #669 is GRANTED in part as set forth in this Order, and otherwise DENIED. Signed by Judge Wendy W. Berger on 6/1/2022. (RMF) |
Filing 803 REQUEST for oral argument re #802 MOTION to Dismiss for Lack of Jurisdiction by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) |
Filing 802 MOTION to Dismiss for Lack of Jurisdiction by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (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)(Bennett, John) |
Filing 801 REQUEST for oral argument re #800 MOTION to Dismiss Amended Complaint for Lack of Standing by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) |
Filing 800 MOTION to Dismiss Amended Complaint for Lack of Standing by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit 5th Suppl. Rule 26 with Exhibit A 937 List, #2 Exhibit Answer to Interrogtory 6, #3 Exhibit 2007 Form 8-K Flow Charts, #4 Exhibit 2007 10-K, #5 Exhibit 2015 10-K, #6 Exhibit 2020 10-K, #7 Exhibit S & P Pre-Sale Global Rating, #8 Exhibit Cert of Interested Persons-Square One, #9 Exhibit Request to Produce and Response Square One, #10 Exhibit Motion to Compel Square One, #11 Exhibit Judge Kidd Order Square One, #12 Exhibit Second Motion to Compel Square One, #13 Exhibit Wyndham Response Square One, #14 Exhibit Joint Status Report Square One, #15 Exhibit Motion to Overrule AEO Designation Square One, #16 Exhibit Harrington Depo Excerpts Square One, #17 Exhibit 1-21-21 Shutts Letter, #18 Exhibit Harrington Depo Excerpt, #19 Exhibit Declaration of Harrington, #20 Exhibit Certificate of Good Standing SVC)(Gabrielson, W.) |
Filing 799 MOTION for Sanctions by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (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)(Bennett, John) |
Filing 798 RESPONSE re #790 Objection filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Quinn, Michael) Modified on 5/27/2022 (KNC). |
Filing 797 ORDER: Plaintiffs' Motion for Leave to Seek Redress--As Needed--to Address Evidentiary Admissibility Issues in Advance of Trial #647 is DENIED as moot, and Plaintiffs' Amended Motion for Leave to Seek Redress--As Needed--to Address Evidentiary Admissibility Issues in Advance of Trial #648 is DENIED. Signed by Judge Wendy W. Berger on 5/25/2022. (RMF) |
Filing 796 Affirmative Defenses and Demand for Jury Trial and ANSWER to #546 Crossclaim by Pandora Marketing, LLC, Pandora Servicing, LLC. Related document: #546 Crossclaim filed by Intermarketing Media, LLC.(Bennett, John) Modified on 5/23/2022 (KNC). |
Filing 795 ORDER: It is ORDERED and ADJUDGED that Lawyer Defendants' Partially Unopposed Motion to Bifurcate #644 is GRANTED as set forth herein. Signed by Judge Wendy W. Berger on 5/20/2022. (RMF) |
Filing 794 NOTICE of Filing Memoranda in Opposition and Exhibits by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #753 Response in Opposition to Motion (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Bennett, John) Modified on 5/18/2022 (KNC). |
Filing 793 ORDER granting #763 Motion for Reconsideration; denying #767 Motion to Strike; granting #768 Motion for Leave to File Motion to Dismiss; denying as moot #784 Motion for Leave to File Reply. Signed by Magistrate Judge Embry J. Kidd on 5/16/2022. (IRM) |
Filing 792 NOTICE of Supplemental Authority by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #646 Plaintiffs' MOTION In Limine and Incorporated Memorandum of Law (Attachments: #1 Exhibit A)(Rubin, Glennys) Modified on 5/16/2022 (matched text to pleading) (KNC). |
Filing 791 ENDORSED ORDER denying #786 Motion for Leave to File Reply. The Court will decide this issue on the current briefing. Signed by Magistrate Judge Embry J. Kidd on 5/13/2022. (IRM) |
Filing 790 OBJECTION re #779 Order on Motion to Compel . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Bennett, John) |
Filing 789 ORDER denying #765 Plaintiffs' Motion to Seal. Signed by Magistrate Judge Embry J. Kidd on 5/12/2022. (IRM) |
Filing 788 ENDORSED ORDER denying #764 Motion for Leave to File Reply. The Court will decide this issue on the current briefing. Signed by Magistrate Judge Embry J. Kidd on 5/11/2022. (IRM) |
Filing 787 NOTICE of Filing Certificate of Good Faith Conference by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #786 MOTION for Leave to File Reply to Plaintiffs' Memorandum of Law in Opposition re #768 MOTION for Leave to File Motion to Dismiss (Bennett, John) Modified on 5/9/2022 (rearranged text) (KNC). |
Filing 786 MOTION for Leave to File Reply to Plaintiffs' Memorandum of Law in Opposition re #768 MOTION for Leave to File Motion to Dismiss by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 5/6/2022 (removed all caps text and linked motion) (KNC). |
Filing 785 NOTICE of Filing Updated Certificate of Good Faith Conference re #784 MOTION for Leave to File Other Document by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP (Wagner, Brian) Modified on 5/6/2022 (rearranged text and linked motion) (KNC). |
Filing 784 MOTION for Leave to File Other Document: Reply to #780 Plaintiffs' Memorandum of Law in Opposition to Lawyer Defendants' Reconsideration Motion by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/4/2022 (rearranged and cleaned up text, linked document) (KNC). |
Filing 783 RESPONSE in Opposition re #768 MOTION for Leave to File Other Document: Motion to Dismiss for Lack of Standing filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 5/3/2022 (removed duplicate text) (KNC). |
Filing 782 RESPONSE in Opposition re #764 MOTION for Leave to File Other Document: Reply to Pandora's Memoranda in Opposition to #689 Plaintiffs' Motion for Assessment of Expenses and Fees Pursuant to Order filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) |
Filing 781 RESPONSE in Opposition re #765 MOTION for Leave to File Other Document: Defendants' Sealed Opposition and Exhibit or in the Alternative for In Camera Review filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bennett, John) |
Filing 780 MEMORANDUM in opposition re #763 Motion for Reconsideration / Clarification, #766 Joinder in motion filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 5/2/2022 (removed duplicate text) (KNC). |
Filing 779 ORDER denying #774 Motion to Compel. Signed by Magistrate Judge Embry J. Kidd on 4/28/2022. (IRM) |
Filing 778 RESPONSE in Opposition re #774 MOTION to Compel Supplemental Production of Responsive Document filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Quinn, Michael) Modified on 4/26/2022 (removed duplicate text) (KNC). |
Filing 777 ORDER: it is ORDERED and ADJUDGED that Pandora's Motion to Dismiss Count II of Intermarketing's Amended Crossclaim #571 is GRANTED. On or before May 6, 2022, Intermarketing may file a second amended crossclaim to correct the deficiencies noted in this Order. Failure to timely file an amended pleading and correct the deficiencies noted herein may result in the dismissal of Count II with prejudice and without further notice. Signed by Judge Wendy W. Berger on 4/25/2022. (RMF) |
Filing 776 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) |
Filing 775 TRANSCRIPT of Telephonic Status Conference held on 04/18/2022 before Judge Wendy W. Berger. Court Reporter: Heather Suarez, RPR, FCRR, CRR; Telephone number: (407) 801-8921; 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 5/13/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/21/2022. (HLS) |
Filing 774 MOTION to Compel Supplemental Production of Responsive Document by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bennett, John) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 773 ORDER denying #759 Motion to Strike. Signed by Magistrate Judge Embry J. Kidd on 4/21/2022. (IRM) |
Filing 772 ENDORSED ORDER denying #762 Motion for Leave to File Reply. The Court will decide this issue on the current briefing. Signed by Magistrate Judge Embry J. Kidd on 4/21/2022. (IRM) |
Filing 771 RESPONSE in Opposition re #767 MOTION to Strike and for Miscellaneous Relief as to the Defaulted Defendants filed by Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) |
Filing 770 NOTICE of hearing: Trial Status Conference set for 6/14/2022 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (RMF) |
Filing 769 Minute Entry. Telephonic Proceedings held before Judge Wendy W. Berger: TELEPHONE Trial Status CONFERENCE held on 4/18/2022. Court Reporter: Heather Suarez (RMF) |
Filing 768 MOTION for Leave to File Other Document: Motion to Dismiss for Lack of Standing by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 4/18/2022 (corrected spacing) (KNC). |
Filing 767 MOTION to Strike and for Miscellaneous Relief as to the Defaulted Defendants by All Plaintiffs. (Quinn, Michael) |
Filing 766 NOTICE of Joinder in motion by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #763 MOTION for Reconsideration re #758 Order on Motion for Leave to File Document Lawyer Defendants' Motion for Rehearing filed by Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Carlsbad Law Group, LLP . (Bennett, John) Modified on 4/18/2022 (matched text to pleading) (KNC). |
Filing 765 MOTION for Leave to File Other Document: Defendants' Sealed Opposition and Exhibit or in the Alternative for In Camera Review by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A)(Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 4/18/2022 (removed duplicate text) (KNC). |
Filing 764 MOTION for Leave to File Other Document: Reply to Pandora's Memoranda in Opposition to #689 Plaintiffs' Motion for Assessment of Expenses and Fees Pursuant to Order by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 4/18/2022 (removed duplicate text and linked document) (KNC). |
Filing 763 MOTION for Rehearing or Reconsideration re #758 Order on Motion for Leave to File Document by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (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)(Gabrielson, W.) Modified on 4/18/2022 (matched text to pleading, removed duplicate text) (KNC). Modified on 5/2/2022 (KNC). |
Filing 762 MOTION for Leave to File Other Document :Reply to Pandora's Response in Opposition to Plaintiffs' Motion to Strike by All Plaintiffs. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 761 NOTICE of Filing Exhibit - Declaration of Karen M. Cooper by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #760 Response in Opposition to Motion (Bennett, John) Modified on 4/13/2022 (matched text to pleading) (KNC). |
Filing 760 RESPONSE in Opposition re #759 MOTION to Strike #753 Response in Opposition to Motion and Incorporated Memorandum of Law filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A)(Bennett, John) |
Filing 759 MOTION to Strike #753 Response in Opposition to Motion and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Quinn, Michael) Modified text on 4/8/2022 (LDJ). |
Filing 758 ORDER denying #748 Motion for Leave to File Motion to Dismiss. Signed by Magistrate Judge Embry J. Kidd on 4/6/2022. (IRM) |
Filing 757 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference previously scheduled for 4/12/2022 is rescheduled as a Telephone Trial Status Conference set for 4/18/2022 at 09:30 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. The parties shall call 1-877-873-8018 ten minutes before the hearing is scheduled to begin. Access Code: 9703505. Security Code: 041822. (RMF) |
Filing 756 RESPONSE in Opposition re #748 MOTION for Leave to File Other Document :Motion to Dismiss for Lack of Standing and Request for Oral Argument and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Quinn, Michael) |
Filing 755 ORDER denying #741 Motion for Reconsideration. Signed by Magistrate Judge Embry J. Kidd on 4/5/2022. (IRM) |
Filing 754 REQUEST for oral argument re #753 Response in Opposition to Motion, #724 MOTION for Miscellaneous Relief, specifically award Wyndham its reasonable costs, including attorneys' fees by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 4/5/2022 (KNC). |
Filing 753 Redacted RESPONSE in Opposition re #724 MOTION for Miscellaneous Relief, specifically award Wyndham its reasonable costs, including attorneys' fees filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bennett, John) Modified on 4/5/2022 (KNC). |
Filing 752 NOTICE canceling Motion to Compel hearing scheduled for 4/11/2022 (PML) ctp |
Filing 751 ENDORSED ORDER granting #750 Joint Motion for Entry of Stipulated Discovery Order. In light of the parties' joint stipulations, the briefing schedule set out in 746 is hereby vacated, and the hearing on the Motion to Compel scheduled for April 11, 2022, is cancelled. Signed by Magistrate Judge Embry J. Kidd on 4/4/2022. (IRM) |
Filing 750 Joint MOTION for Entry of Stipulated Discovery Order by All Plaintiffs. (Attachments: #1 Exhibit A)(Quinn, Michael) Modified on 4/4/2022 (KNC). |
Set deadlines as to #748 MOTION for Leave to File Other Document :Motion to Dismiss for Lack of Standing and Request for Oral Argument and Incorporated Memorandum of Law . Responses due by 4/5/2022 (KNC) |
Filing 749 ENDORSED ORDER taking under advisement #748 Motion for Leave to File a Motion to Dismiss. Plaintiffs are directed to respond on or before April 5, 2022. Signed by Magistrate Judge Embry J. Kidd on 3/29/2022. (Kidd, Embry) |
Filing 748 MOTION for Leave to File Other Document :Motion to Dismiss for Lack of Standing and Request for Oral Argument and Incorporated Memorandum of Law by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 747 NOTICE of Zoom hearing on motion (Doc. 745 - Motion to Compel) Motion Hearing set for 4/11/2022 at 1:00 PM in Zoom Video Conference before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Attorneys are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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. (PML) ctp |
Filing 746 **VACATED PER 751 ORDER** ENDORSED ORDER granting #745 Motion for Leave to File a Motion to Compel. Plaintiffs may file a Motion to Compel, not to exceed 10 pages, on or before April 1, 2022. The defendants to whom the Motion to Compel is directed may file a joint response, not to exceed 10 pages, on or before April 8, 2022. In their response, the defendants must certify that they met and conferred with Plaintiffs between April 1 and April 8, 2022. The Court will separately schedule a hearing on this matter. Signed by Magistrate Judge Embry J. Kidd on 3/28/2022. (Kidd, Embry) Modified on 4/4/2022 (KNC). |
Filing 745 MOTION for Leave to File Other Document: Motion to Compel by All Plaintiffs. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/25/2022 (removed duplicate text) (KNC). |
Filing 744 ORDER: that the Plaintiffs' Unopposed Time-Sensitive Motion to Stay Deadline to File Joint Final Pretrial Statement #740 is GRANTED and the March 28, 2022 deadline to file the joint final pretrial statement is STAYED. The new deadline will be discussed at the April 12, 2022 status conference. Signed by Judge Wendy W. Berger on 3/25/2022. (RMF)ctp |
Filing 743 RESPONSE in Opposition re #741 MOTION for Reconsideration re 736 Order on Motion for Extension of Time to File Response / Reply filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1)(Quinn, Michael) Modified on 3/25/2022 (removed duplicate text) (KNC). |
Set deadlines as to #741 MOTION for Reconsideration re 736 Order on Motion for Extension of Time to File Response / Reply . Responses due by 3/30/2022 (KNC) |
Filing 742 ENDORSED ORDER taking under advisement #741 Motion for Reconsideration. Plaintiffs are directed to respond on or before March 30, 2022. Signed by Magistrate Judge Embry J. Kidd on 3/24/2022. (Kidd, Embry) |
Filing 741 MOTION for Reconsideration re 736 Order on Motion for Extension of Time to File Response / Reply by Intermarketing Media, LLC. (Attachments: #1 Exhibit A - email chain)(DeSouza, Daniel) |
Filing 740 Unopposed Time Sensitive MOTION to Stay Deadline to File Joint Final Pretrial Statement Due to Newly-Discovered Evidence by All Plaintiffs. (Attachments: #1 Exhibit A)(Quinn, Michael) Modified on 3/24/2022 (matched text to pleading) (KNC). |
Filing 739 ENDORSED ORDER denying #738 Time-Sensitive Motion for Clarification. The defaulting defendants have no obligation to submit a pretrial statement on March 28, 2022, as they have defaulted and will not participate at trial. Signed by Judge Wendy W. Berger on 3/23/2022. (ETW) |
Filing 738 Time Sensitive MOTION for Clarification re 730 Order on Motion for Extension of Time to File, #725 Order pdf by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 3/23/2022 (KNC). |
Filing 737 ORDER granting #491 Renewed Joint Motion for Entry of Stipulated Final Permanent Injunction Order. See PDF for details. This Court retains jurisdiction of this matter for purposes of interpretation, modification, and enforcement of this Permanent Injunction. The Court otherwise declines to retain jurisdiction to enforce any settlement agreement independently negotiated by WVO and Eddy. Signed by Judge Wendy W. Berger on 3/23/2022. (RMF)ctp |
Filing 736 ENDORSED ORDER denying #735 Motion for Extension of Time. Intermarketing Media, LLC, did not seek an extension of time prior to the response deadline, and the Court's orders specifically listed the parties that were granted an extension of time. Signed by Magistrate Judge Embry J. Kidd on 3/22/2022. (Kidd, Embry) |
Filing 735 MOTION for Extension of Time to File Response/Reply as to #724 MOTION for Miscellaneous Relief, specifically award Wyndham its reasonable costs, including attorneys' fees Plaintiffs' Motion for Assessment of Expenses and Fees Pursuant Sanctions Order (DE 689) and Incorporated Memorandum of Law by Intermarketing Media, LLC. (DeSouza, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 734 ORDER: Lawyer Defendants' First Motion for Summary Judgment #396 is DENIED. Lawyer Defendants' Second Motion for Summary Judgment #511 is STRICKEN. Plaintiffs' Partial Motion for Summary Judgment #512 (Doc. 564) is GRANTED in part as set forth herein and DENIED in all other respects. Signed by Judge Wendy W. Berger on 3/22/2022. (RMF)ctp |
Set deadlines as to #724 MOTION for Miscellaneous Relief, specifically award Wyndham its reasonable costs, including attorneys' fees. Responses due by 4/4/2022 (KNC) |
Filing 733 ENDORSED ORDER granting #731 Motion for Extension of Time. Pandora Marketing, LLC; Pandora Servicing, LLC; William Wilson; and Rich Folk may have until and through April 4, 2022, to respond to the #724 Motion for Assessment of Expenses and Fees. Signed by Magistrate Judge Embry J. Kidd on 3/21/2022. (Kidd, Embry) |
Filing 732 NOTICE Filing Updated Certificate of Good Faith Conference by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #731 Second MOTION for Extension of Time to File Response/Reply as to #724 MOTION for Miscellaneous Relief, specifically award Wyndham its reasonable costs, including attorneys' fees Plaintiffs' Motion for Assessment of Expenses and Fees (Bennett, John) Modified on 3/21/2022 (KNC). |
Filing 731 Time Sensitive Second MOTION for Extension of Time to File Response/Reply as to #724 MOTION for Miscellaneous Relief, specifically award Wyndham its reasonable costs, including attorneys' fees Plaintiffs' Motion for Assessment of Expenses and Fees Pursuant Sanctions Order (DE 689) and Incorporated Memorandum of Law (Time Sensitive) by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/21/2022 (KNC). |
Reset scheduling order deadlines: Pretrial statement due by 3/28/2022 (KNC) |
Filing 730 ENDORSED ORDER granting #729 Plaintiffs' Time Sensitive Motion for Extension of Time to File Joint Final Pretrial Statement. The parties shall file their Joint Final Pretrial Statement on or before March 28, 2022.Signed by Judge Wendy W. Berger on 3/9/2022. (ETW) |
Filing 729 Time Sensitive MOTION for Extension of Time to File Joint Final Pretrial Statement by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/9/2022 (matched text to pleading) (KNC). |
Filing 728 ENDORSED ORDER granting #726 Motion for Extension of Time. Pandora Marketing, LLC; Pandora Servicing, LLC; William Wilson; and Rich Folk may have until and through March 25, 2022, to respond to the #724 Motion for Assessment of Expenses and Fees. Signed by Magistrate Judge Embry J. Kidd on 3/8/2022. (Kidd, Embry) |
Filing 727 ENDORSED ORDER denying as moot #510 Plaintiffs' Motion for Partial Summary Judgment as to Marketing Defendants; #513 Pandora Marketing Defendant, LLC, Pandora Servicing, LLC, Rich Folk, and William Wilson's Motion for Final Summary Judgment; #514 Intermarketing's Motion for Final Summary Judgment; #523 Pandora's Motion to Dismiss RAG's Crossclaim for Failure to State a Cause of Action; #525 Plaintiffs' Motion to Strike Pandora Defendants' Affirmative Defenses; #630 Pandora Defendants' Time-Sensitive Motion For Continuance; #631 Pandora Defendants' Amended Time-Sensitive Motion For Continuance; #633 Lawyer Defendants' Time Sensitive Motion For Separate Trial; and #649 Rich Folk and William Wilson's Motion in Limine. Signed by Judge Wendy W. Berger on 3/8/2022. (ETW) |
Filing 726 MOTION for Extension of Time to File Response/Reply (Time Sensitive) by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Motions referred to Magistrate Judge Embry J. Kidd. |
Set deadlines as to #724 MOTION for Miscellaneous Relief, specifically award Wyndham its reasonable costs, including attorneys' fees Plaintiffs' Motion for Assessment of Expenses and Fees Pursuant Sanctions Order (DE 689) and Incorporated Memorandum of Law. Responses due by 3/25/2022 (KNC) |
Filing 725 It is ORDERED and ADJUDGED that the Marketing Defendants request to participate in the jury trial is DENIED. Signed by Judge Wendy W. Berger on 3/7/2022. (ALL) ctp |
Filing 724 MOTION for Miscellaneous Relief, specifically award Wyndham its reasonable costs, including attorneys' fees Plaintiffs' Motion for Assessment of Expenses and Fees Pursuant Sanctions Order (DE 689) and Incorporated Memorandum of Law by All Plaintiffs. (Attachments: #1 Exhibit 1)(Quinn, Michael) |
Filing 723 ENDORSED ORDER denying #720 Time-Sensitive, Motion for Leave to File a Reply to Plaintiffs' Brief on Participation of Defaulted Defendants at Trial. Signed by Judge Wendy W. Berger on 2/24/2022. (ETW) |
Filing 722 Local Rule 1.10(c) NOTICE by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #692 Clerk's Entry of Default, #693 Clerk's Entry of Default, #695 Clerk's Entry of Default, #691 Clerk's Entry of Default, #694 Clerk's Entry of Default (Quinn, Michael) Modified on 2/23/2022 (KNC). |
Filing 721 RESPONSE in opposition re #720 Motion for Miscellaneous Relief filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Modified on 2/22/2022 (KNC). |
Filing 720 MOTION for Leave to File a Reply to #715 Plaintiff's Brief by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 2/22/2022 (matched text to pleading) (KNC). |
Filing 719 ENDORSED ORDER granting #718 Motion for Extension of Time. Plaintiffs may have until and through February 25, 2022, to file their motion to determine the amount of attorneys' fees pursuant to the Court's prior #689 Order. Signed by Magistrate Judge Embry J. Kidd on 2/18/2022. (Kidd, Embry) |
Filing 718 Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees and Incorporated Memorandum of Law UNOPPOSED TIME SENSITIVE Motion for Extension of Time to File Motion for Attorneys' Fees and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 717 ORDER. It is ORDERED and ADJUDGED that Intermarketing's Motion for Reconsideration of Order on Amended Motions for Sanctions (Doc. #710), and Pandora Marketing, LLC, Pandora Servicing, LLC, Rich Folk, and William Wilson's Amended Motion to Reconsider the Court's Order (Doc. #713) are DENIED. Pandora Marketing, LLC, Pandora Servicing, LLC, Rich Folk, and William Wilson's Motion to Reconsider the Court's Order (Doc. #711) is DENIED as MOOT. Signed by Judge Wendy W. Berger on 2/11/2022. (ALL) ctp |
Filing 716 DEFENDANT'S BRIEF re #689 Order on Motion for SanctionsOrder on Report and Recommendations filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) |
Filing 715 PLAINTIFF'S BRIEF re #689 Order on Motion for SanctionsOrder on Report and Recommendations filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Quinn, Michael) |
Filing 714 DEFENDANT'S BRIEF re #689 Order on Motion for SanctionsOrder on Report and Recommendations Issue of Right to Hearing on Damages filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 713 Amended MOTION for Reconsideration re #689 Order on Motion for SanctionsOrder on Report and Recommendations by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E - Part 1, #6 Exhibit E - Part 2, #7 Exhibit F, #8 Exhibit G)(Bennett, John) |
Filing 712 REPLY to Response to Objection re #682 RESPONSE re: Objection (DE 675) to Order (DE 655) filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Bennett, John) Modified on 2/2/2022 (linked correct document) (KNC). |
Filing 711 MOTION for Reconsideration re #689 Order on Motion for SanctionsOrder on Report and Recommendations by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E - Part 1, #6 Exhibit E - Part 2, #7 Exhibit F, #8 Exhibit G)(Bennett, John) |
Filing 710 MOTION for Reconsideration re #689 Order on Motion for SanctionsOrder on Report and Recommendations by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 709 RESPONSE in Opposition re #669 MOTION to Strike #641 J.L. 'Sean' Slattery's MOTION In Limine and Memorandum in Support Thereof Plaintiffs' Motion to Strike J.L. 'Sean' Slattery's Motion in Limine and Memorandum of Law Defendant Slattery's Response in Opposition to Plaintiffs' Motion to Strike (Doc 669) filed by JL "Sean" Slattery. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gabrielson, W.) Modified on 1/31/2022 (removed duplicate text) (KNC). |
Filing 708 REPLY to Response to Motion re #648 Amended MOTION for Miscellaneous Relief, specifically for Leave to Seek Redress - As Needed- To Address Evidentiary Admissibility Issues in Advance of Trial and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Modified on 1/27/2022 (KNC). |
Set deadlines: Defendants Rich Folk and James Wilson's Reply due by 2/1/2022. (KNC) |
Set deadlines as to #669 MOTION to Strike #641 J.L. 'Sean' Slattery's MOTION In Limine and Memorandum in Support Thereof Plaintiffs' Motion to Strike J.L. 'Sean' Slattery's Motion in Limine and Memorandum of Law. Slattery's Response due by 1/28/2022 (KNC) |
Filing 707 ENDORSED ORDER granting #703 Unopposed Motion for Extension of Time. Defendant Slattery may file his response on or before January 28, 2022. Signed by Magistrate Judge Embry J. Kidd on 1/25/2022. (Kidd, Embry) |
Filing 706 ENDORSED ORDER granting #686 Unopposed Motion for Leave to Reply. Defendants Rich Folk and James Wilson may file a reply, not to exceed 3 pages, on or by February 1, 2022. Signed by Magistrate Judge Embry J. Kidd on 1/25/2022. (IRM) |
Filing 705 NOTICE of Filing Exhibit by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #670 Response in Opposition to Motion Plaintiffs' Notice of Filing Exhibit to Opposition to Motion in Limine (Rubin, Glennys) Modified on 1/26/2022 (KNC). |
Filing 704 NOTICE of Filing Exhibit by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #671 Response in Opposition to Motion Plaintiffs' Notice of Filing Exhibit to Opposition to Motion in Limine (Rubin, Glennys) Modified on 1/26/2022 (KNC). |
Filing 703 Time Sensitive MOTION for Extension of Time to File Response/Reply as to #641 J.L. 'Sean' Slattery's MOTION In Limine and Memorandum in Support Thereof, #669 MOTION to Strike #641 J.L. 'Sean' Slattery's MOTION In Limine and Memorandum in Support Thereof Plaintiffs' Motion to Strike J.L. 'Sean' Slattery's Motion in Limine and Memorandum of Law by JL "Sean" Slattery. (Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 1/25/2022 (KNC). |
Filing 702 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) |
Filing 701 TRANSCRIPT of Telephonic Status Conference held on 01/19/2022 before Judge Wendy W. Berger. Court Reporter: Heather Suarez, RPR, FCRR; Telephone number: (407) 801-8921; 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 2/14/2022. Redacted Transcript Deadline set for 2/22/2022. Release of Transcript Restriction set for 4/22/2022. (HLS) |
Filing 700 MEMORANDUM in opposition re #680 Motion to Strike filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 699 RESPONSE to Motion re #683 MOTION for Leave to File Plaintiffs' Response to Lawyer Defendants' Motion for Leave to File Reply [DE 683] filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Set deadlines: Plaintiffs' Reply due by 1/26/2022. (KNC) |
Filing 698 NOTICE of hearing: Trial Status Conference set for 4/12/2022 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (ALL) |
Filing 697 Minute Entry for Telephonic Proceedings held before Judge Wendy W. Berger: STATUS CONFERENCE held on 1/19/2022. Court Reporter: Heather Suarez. (ALL) |
Filing 696 ENDORSED ORDER granting #681 Plaintiffs' Motion for Leave to File Reply. Plaintiffs may file a reply, not to exceed 3 pages, on or by January 26, 2022. Signed by Magistrate Judge Embry J. Kidd on 1/19/2022. (IRM) |
Filing 695 Clerk's ENTRY OF DEFAULT as to Intermarketing Media, LLC (SPM) |
Filing 694 Clerk's ENTRY OF DEFAULT as to William Wilson (SPM) |
Filing 693 Clerk's ENTRY OF DEFAULT as to Rich Folk (SPM) |
Filing 692 Clerk's ENTRY OF DEFAULT as to Pandora Servicing, LLC (SPM) |
Filing 691 Clerk's ENTRY OF DEFAULT as to Pandora Marketing, LLC (SPM) |
Filing 690 NOTICE of Appearance by Eric C. Christu on behalf of SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Christu, Eric) |
Filing 689 ORDER granting in part and denying in part #500 Motion for Sanctions; adopting #599 Report and Recommendations. The Marketing Defendants' Objections (Doc. Nos. #615, #616, #617) are OVERRULED. The Clerk is directed to STRIKE Pandora Marketing, LLC, Pandora Servicing, LLC, Rich Folk, and William Wilson's Answer, Affirmative Defenses and Demand for Trial by Jury (Doc. #497) and Intermarketing Media, LLC's Answer and Affirmative Defenses (Doc. #498) from the record in this case. Thereafter, the Clerk shall enter a clerk's default against Pandora Marketing, LLC, Pandora Servicing, LLC, Rich Folk, William Wilson, and Intermarketing Media, LLC. Signed by Judge Wendy W. Berger on 1/18/2022. (ALL) ctp |
Filing 688 NOTICE of Appearance by Benjamin Francis Elliott on behalf of SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Elliott, Benjamin) Modified on 1/18/2022 (KNC). |
Filing 687 RESPONSE to Motion re #681 MOTION for Leave to File Other Document :Reply to Lawyer Defendants' Opposition to Plaintiffs' Motion for Redress Plaintiffs' Motion for Leave to File Reply to Lawyer Defendants' Opposition to Plaintiffs' Motion for Redres, #648 Amended MOTION for Miscellaneous Relief, specifically for Leave to Seek Redress - As Needed- To Address Evidentiary Admissibility Issues in Advance of Trial and Incorporated Memorandum of Law Lawyer Defendants' Response to Plaintiffs' Motion for Leave to File Reply (Doc. 681) filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) |
Set deadlines as to #681 MOTION for Leave to File Other Document :Reply to Lawyer Defendants' Opposition to Plaintiffs' Motion for Redress Plaintiffs' Motion for Leave to File Reply to Lawyer Defendants' Opposition to Plaintiffs' Motion for Redres. Responses due by 1/14/2022 (KNC) |
Filing 686 Unopposed MOTION For Leave to Reply re #675 Objection by Rich Folk, William Wilson. (Bradford, Patrick) Modified on 1/11/2022 (changed event) (KNC). |
Filing 685 ENDORSED ORDER taking under advisement #681 Plaintiffs' Motion for Leave to Reply to Lawyer Defendants' Opposition to Plaintiffs' Motion for Redress. The Lawyer Defendants are directed to file a response on or before January 14, 2022. Signed by Magistrate Judge Embry J. Kidd on 1/10/2022. (IRM) |
Filing 684 NOTICE OF RESCHEDULING HEARING: The Telephone Conference previously scheduled for 1/11/2022 is rescheduled. New scheduling date and time: Telephone Conference set for 1/19/2022 at 09:30 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Counsel shall join the conference by dialing 1-877-873-8018 ten minutes before the hearing is scheduled to begin. Access Code: 9703505. Security Code: 011922. (ALL) ctp |
Filing 683 MOTION for Leave to File Reply re #668 Response in Opposition to Motion #645 MOTION for Miscellaneous Relief, specifically Lawyer Defendants' Motion to Allow Live Remote Testimony at Trial and Memorandum in Support Thereof , filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Modified on 1/10/2022 (made motion, matched text to pleading)(KNC). |
Filing 682 RESPONSE re #675 Objection to Order Denying Motion for Reconsideration of Magistrate Judge's Order Granting Motion to Withdraw filed by Houston Park. (Attachments: #1 Exhibit A)(Park, Houston) |
Filing 681 MOTION for Leave to File Other Document :Reply to Lawyer Defendants' Opposition to Plaintiffs' Motion for Redress Plaintiffs' Motion for Leave to File Reply to Lawyer Defendants' Opposition to Plaintiffs' Motion for Redress [DE 648] by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 680 MOTION to Strike #664 Response in Opposition to Motion Plaintiffs' Motion to Strike Defendant Intermarketing's Memorandum of Law in Opposition to Plaintiffs' Motion in Limine and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 679 ENDORSED ORDER granting #678 Joint Time-Sensitive Motion for 4-Day Extension of Time for Parties to Conduct Meeting to Prepare Joint Final Pretrial Statement. The deadline to prepare the final joint pretrial statement is extended to January 14, 2022. The parties may conduct the meeting remotely. Signed by Judge Wendy W. Berger on 1/7/2022. (ETW) |
Filing 678 Joint MOTION for Miscellaneous Relief, specifically Joint TIME-SENSITIVE Motion for 4-Day Extension of Time for Parties to Conduct Meeting to Prepare Joint Final Pretrial Statement and to Conduct Meeting Remotely by Wyndham Vacation Ownership, Inc.. (Quinn, Michael) |
Filing 677 ENDORSED ORDER denying as moot #674 Intermarketing's Unopposed Motion to Attend Status Conference Remotely. Signed by Judge Wendy W. Berger on 1/5/2022. (ETW) |
Filing 676 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference previously scheduled for 1/11/2022 is rescheduled. New scheduling date and time: Telephone Conference set for 1/11/2022 at 10:00 AM in Orlando Courtroom 3B before Judge Wendy W. Berger. Counsel shall join the conference by dialing 1-877-873-8018 ten minutes before the hearing is scheduled to begin. Access Code: 9703505. Security Code: 011122. (GNB) ctp |
Filing 675 OBJECTION re #655 Order on Motion for Reconsideration / Clarification . (Attachments: #1 Exhibit A)(Bradford, Patrick) |
Filing 674 Unopposed MOTION to Attend Trial Status Conference Remotely by Intermarketing Media, LLC. (DeSouza, Daniel) Modified text on 1/5/2022 (TNP). |
Filing 673 Joint NOTICE Regarding Mediation Status by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #652 Order to show cause (Rubin, Glennys) Modified text on 1/5/2022 (TNP). |
Filing 672 RESPONSE in Opposition re #641 J.L. 'Sean' Slattery's MOTION In Limine and Memorandum in Support Thereof filed by Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified text on 2/25/2022 (TNP). |
Filing 671 RESPONSE in Opposition re #649 MOTION In Limine filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F, #6 Exhibit F)(Rubin, Glennys) Modified text on 2/25/2022 (TNP). |
Filing 670 RESPONSE in Opposition re #650 Amended MOTION In Limine and Memorandum in Support Thereof filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (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)(Rubin, Glennys) Modified text on 2/25/2022 (TNP). |
Filing 669 MOTION to Strike #641 J.L. 'Sean' Slattery's MOTION In Limine and Memorandum in Support Thereof by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified text on 2/25/2022 (TNP). |
Filing 668 RESPONSE in Opposition re #645 MOTION for Miscellaneous Relief, specifically Lawyer Defendants' Motion to Allow Live Remote Testimony at Trial and Memorandum in Support Thereof filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A)(Rubin, Glennys) Modified text on 2/25/2022 (TNP). |
Filing 667 RESPONSE to Motion re #644 Partially Unopposed MOTION to Bifurcate the Determination of the Amount of Punitive Damages at Trial and Memorandum in Support Thereof filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified text on 2/25/2022 (TNP). |
Filing 666 MEMORANDUM in opposition re #646 Motion In Limine filed by Rich Folk, William Wilson. (Bradford, Patrick) |
Filing 665 MEMORANDUM in opposition re #648 Motion for Miscellaneous Relief filed by Rich Folk, William Wilson. (Bradford, Patrick) |
Filing 664 RESPONSE in Opposition re #646 Plaintiffs' MOTION In Limine and Incorporated Memorandum of Law filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 663 RESPONSE in Opposition re #646 Plaintiffs' MOTION In Limine and Incorporated Memorandum of Law filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Exhibit 1 - 10K, #2 Exhibit Exhibit 2 - 937 Owner List, #3 Exhibit Exhibit 3 -1099 List in 937, #4 Exhibit Exhibit 4 - Ruling Williams v. Wyndham, #5 Exhibit Exhibit 5 - 1099 List not in 937, #6 Exhibit Exhibit 6 - Taylor 1099A, #7 Exhibit Exhibit 7 - 30 Settlement Agreements, #8 Exhibit Exhibit 8 - Payne UCC Ltr)(Gabrielson, W.) |
Filing 662 RESPONSE to Motion re #648 Amended MOTION for Miscellaneous Relief, specifically for Leave to Seek Redress - As Needed- To Address Evidentiary Admissibility Issues in Advance of Trial and Incorporated Memorandum of Law filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) |
Filing 661 RESPONSE in Opposition re #648 Amended MOTION for Miscellaneous Relief, specifically for Leave to Seek Redress - As Needed- To Address Evidentiary Admissibility Issues in Advance of Trial and Incorporated Memorandum of Law filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 660 RESPONSE in Opposition re #633 MOTION to Bifurcate Lawyer Defendants' Time Sensitive Motion for Separate Trial and Memorandum in Support Thereof Plaintiffs' Opposition to Lawyer Defendants' Time Sensitive Motion For Separate Trial and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) |
Filing 659 ENDORSED ORDER granting #658 Motion to Withdraw as to Attorney Mark Costello. Signed by Magistrate Judge Embry J. Kidd on 12/28/2021. (Kidd, Embry) |
Filing 658 First MOTION for Mark Costello to Withdraw as Attorney for defendants by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Costello, Mark) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 657 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) |
Filing 656 TRANSCRIPT of Zoom Motion Hearing, Docket Entries 384, 385, 388, 391, and 392 held on May 18, 2021, before Judge Embry J. Kidd. Court Reporter/Transcriber Nikki Peters, RMR, CRR, CRC,Telephone number courttranscripts@outlook.com, 407-443-0144. Tape Number: Zoom Audio recording. 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 1/18/2022 Redacted Transcript Deadline set for 1/28/2022 Release of Transcript Restriction set for 3/28/2022. (NLP) |
Filing 655 ORDER denying #620 Motion for Reconsideration. Signed by Magistrate Judge Embry J. Kidd on 12/23/2021. (IRM) |
Filing 654 MEDIATION report Hearing held on April 6. Hearing outcome: Impasse. (Joyce, Richard) Modified on 12/23/2021 (SPM). |
Filing 653 Plaintiffs' CERTIFICATE of Service and NOTICE of Supplemental Service (DE Nos. 626, 627, 628) by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 12/22/2021 (matched text to pleading) (KNC). |
Filing 652 ORDER. The parties shall advise the Court on the status of mediation on or before January 4, 2022. Failure to comply with this Order may result in dismissal without prejudice or other appropriate sanctions pursuant to Local Rule 3.10(a). Signed by Judge Wendy W. Berger on 12/21/2021. (ctp)(ALL) |
Filing 651 RESPONSE to Motion re #620 MOTION for Reconsideration re #619 Order on Motion to Withdraw as Attorney filed by Robert M klein, Houston Park, Andrew M Feldman, Joshua S. Talcovitz. (Park, Houston) |
Filing 650 Amended MOTION In Limine and Memorandum in Support Thereof by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (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)(Wagner, Brian) |
Filing 649 MOTION In Limine by Rich Folk, William Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bradford, Patrick) |
Filing 648 Amended MOTION for Miscellaneous Relief, specifically for Leave to Seek Redress - As Needed- To Address Evidentiary Admissibility Issues in Advance of Trial and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 12/20/2021 (matched text to pleading) (KNC). |
Filing 647 MOTION for Miscellaneous Relief, specifically to Seek Redress - As Needed- To Address Evidentiary Admissibility Issues in Advance of Trial and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 12/20/2021 (removed duplicate text) (KNC). |
Filing 646 Plaintiffs' MOTION In Limine and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rubin, Glennys) Modified on 12/20/2021 (matched text to pleading) (KNC). |
Filing 645 MOTION for Miscellaneous Relief, specifically Lawyer Defendants' Motion to Allow Live Remote Testimony at Trial and Memorandum in Support Thereof by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit 1)(Gabrielson, W.) Modified on 12/20/2021 (removed duplicate text) (KNC). |
Filing 644 Partially Unopposed MOTION to Bifurcate the Determination of the Amount of Punitive Damages at Trial and Memorandum in Support Thereof by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Modified on 12/20/2021 (matched text to pleading) (KNC). |
Filing 643 JOINDER in motion by Intermarketing Media, LLC re #641 MOTION In Limine regarding J.L. 'Sean' Slattery's Motion in Limine and Memorandum in Support Thereof filed by JL "Sean" Slattery . (DeSouza, Daniel) |
Filing 642 JOINDER in motion by Intermarketing Media, LLC re #640 MOTION In Limine regarding Law Firm Defendants' Motions in Limine and Memorandum in Support Thereof filed by Del Mar Law Group, LLP, Slattery, Sobel & Decamp, LLP, Carlsbad Law Group, LLP . (DeSouza, Daniel) |
Filing 641 J.L. 'Sean' Slattery's MOTION In Limine and Memorandum in Support Thereof by JL "Sean" Slattery. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gabrielson, W.) Modified on 12/20/2021 (matched text to pleading and removed duplicate text)(KNC). |
Filing 640 Law Firm Defendants' MOTION In Limine and Memorandum in Support Thereof by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, Slattery, Sobel & Decamp, LLP. (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)(Gabrielson, W.) Modified on 12/20/2021 (matched text to pleading and removed duplicate text) (KNC). |
Filing 639 ENDORSED ORDER denying in part and taking under advisement #631 Amended Time-Sensitive Motion for Continuance. To the extent the Motion seeks an extension of the pretrial deadlines, including the deadline to file motions in limine, it is denied. In all other respects, the Court has taken the Motion under advisement. Signed by Judge Wendy W. Berger on 12/17/2021. (ETW) |
Filing 638 ENDORSED ORDER re #629 Attorney Mark A. Costello's Response to 618 Order to Show Cause. The undersigned accepts the representations in the response. Mr. Costello is directed to file a motion to withdraw on or before December 24, 2021. Failure to file a motion by this date may result in sanctions. Signed by Magistrate Judge Embry J. Kidd on 12/17/2021. (IRM) |
Filing 637 RESPONSE in Opposition re #631 Amended MOTION to Continue (Time Sensitive) and to extend pretrial deadlines (amended as to font requirement only) Plaintiffs' Response in Opposition to Pandora Defendants' Amended Motion for Continuance and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 636 RESPONSE to Motion re #631 Amended MOTION to Continue (Time Sensitive) and to extend pretrial deadlines (amended as to font requirement only) filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 635 RESPONSE re #631 Amended MOTION to Continue (Time Sensitive) and to extend pretrial deadlines (amended as to font requirement only) filed by Rich Folk, William Wilson. (Bradford, Patrick) |
Filing 634 RESPONSE to Motion re #631 Amended MOTION to Continue (Time Sensitive) and to extend pretrial deadlines (amended as to font requirement only) Response of Lawyer Defendants to Pandora Co-Defendants' Motion for Continuance filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) |
Filing 633 Time Sensitive MOTION to Bifurcate Lawyer Defendants' Time Sensitive Motion for Separate Trial and Memorandum in Support Thereof by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Modified on 12/17/2021 (KNC). |
Filing 632 ENDORSED ORDER re #631 Amended Time-Sensitive Motion for Continuance. Any party wishing to file a written response to the Motion may do so no later than 11:59 p.m. on December 16, 2021. Signed by Judge Wendy W. Berger on 12/16/2021. (ETW) |
Filing 631 Amended MOTION to Continue (Time Sensitive) and to extend pretrial deadlines (amended as to font requirement only) by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A)(Bennett, John) |
Filing 630 MOTION to Continue (Time Sensitive) and to extend pretrial deadlines by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A)(Bennett, John) |
Filing 629 RESPONSE re 618 Endorsed Order to Show Cause filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Costello, Mark) Modified on 12/14/2021 (RDO). |
Filing 628 RESPONSE to #615 William Wilson and Rich Folk's Objections to #599 Report and Recommendations Plaintiffs' Response in Opposition to Individual Defendants Folk and Wilson's Objections to Report and Recommendation filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) Modified on 12/13/2021 (KNC). |
Filing 627 RESPONSE to #617 Intermarketing's Objections to #599 Report and Recommendations filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) Modified on 12/13/2021 (KNC). |
Filing 626 RESPONSE to #616 Pandora Objections to #599 Report and Recommendations filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) Modified on 12/13/2021 (KNC). |
Set deadlines as to #620 MOTION for Reconsideration re #619 Order on Motion to Withdraw as Attorney. Responses from Attorneys Klein, Park, Feldman, and Talcovitz due by 12/20/2021 (KNC) |
Filing 625 ENDORSED ORDER granting #621 Motion for Extension of Time. While the Court agrees with Defendants Folk and Wilson that the Thanksgiving holiday does not justify an extension and acknowledges that Plaintiffs were not sympathetic to the time constraints expressed by Defendant Intermarketing Media, the Court also recognizes that Plaintiffs must respond to three sets of objections. Therefore, the Court finds good cause for a relatively short two-day extension. Plaintiffs' responses are due on or before December 10, 2021. Signed by Magistrate Judge Embry J. Kidd on 12/7/2021. (Kidd, Embry) |
Filing 624 RESPONSE in Opposition re #621 MOTION for Extension of Time to File Response in Opposition to the Marketing Defendants' Objections (DE Nos. 615, 616, 617) to the Magistrate's Report and Recommendations (DE 599) Plaintiffs' Time-Sensitive Motion for Extension of Ti filed by Rich Folk, William Wilson. (Bradford, Patrick) |
Filing 623 ORDER taking under advisement #620 Motion for Reconsideration. Signed by Magistrate Judge Embry J. Kidd on 12/7/2021. (IRM) |
Filing 622 ENDORSED ORDER taking under advisement #621 Motion for Extension of Time. Any opposition must be filed by today at 5:00 p.m. Signed by Magistrate Judge Embry J. Kidd on 12/7/2021. (Kidd, Embry) |
Filing 621 Time Sensitive MOTION for Extension of Time to File Response in Opposition to the Marketing Defendants' Objections (DE Nos. 615, 616, 617) to the Magistrate's Report and Recommendations (DE 599) by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 12/7/2021 (KNC). |
Filing 620 MOTION for Reconsideration re #619 Order on Motion to Withdraw as Attorney by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Filed pro se). (Attachments: #1 Mailing Envelope)(BIA) |
Set deadlines: Show Cause Response due by 12/13/2021 (KNC) |
Filing 619 ORDER granting #606 Motion to Withdraw as Attorney. Attorneys Robert M. Klein, Houston S. Park, III, Andrew M. Feldman, and Joshua S. Talcovitz are terminated. The Clerk is directed to remove these attorneys from the CM/ECF service list. Signed by Magistrate Judge Embry J. Kidd on 11/29/2021. (IRM) |
Filing 618 ENDORSED ORDER to show cause as to why Mark A. Costello, Esq. should not be sanctioned for his violation of Local Rule 2.02(c). Attorney Mark A. Costello is directed to file a response on or before December 13, 2021. Signed by Magistrate Judge Embry J. Kidd on 11/29/2021. (IRM) |
Filing 617 OBJECTION re #599 REPORT AND RECOMMENDATIONS re #500 Amended MOTION for Sanctions filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resort . (Attachments: #1 Exhibit A - Services Agreement)(DeSouza, Daniel) |
Filing 616 OBJECTION re #599 REPORT AND RECOMMENDATIONS re #500 Amended MOTION for Sanctions filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resort . (Park, Houston) |
Filing 615 OBJECTION to #599 Report and Recommendations by Rich Folk, William Wilson. (Bradford, Patrick) |
PRO HAC VICE FEES paid by attorney Patrick A. Bradford, appearing on behalf of Rich Folk, William Wilson (Filing fee $150 receipt number ORL101287.) Related document: #613 MOTION for Patrick A. Bradford to appear pro hac vice. (ARJ) |
Filing 614 ORDER granting #613 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 11/23/2021. (IRM) |
Filing 612 NOTICE of Updated Local Rule 3.01(g) Certification as to The Pandora Defendants' Attorneys' Motion to Withdraw by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #606 MOTION for Houston Park; Robert Klein; Andrew Feldman; Joshua Talcovitz to Withdraw as Attorney Co-Defendants, Pandora Marketing, LLC, Pandora Servicing, LLC, Rich Folk, and William Wilson (Rubin, Glennys) Modified on 11/23/2021 (KNC). |
Filing 611 ORDER denying #609 Motion for Extension of Time. Signed by Magistrate Judge Embry J. Kidd on 11/22/2021. (Kidd, Embry) |
Filing 610 RESPONSE in Opposition re #609 MOTION for Extension of Time to File Objections to Report and Recommendation filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 609 MOTION for Extension of Time to File Objections to Report and Recommendation by Intermarketing Media, LLC. (DeSouza, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 613 MOTION for Patrick A. Bradford to appear pro hac vice by Rich Folk, William Wilson. (KNC) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 608 NOTICE by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re 607 Order on Motion to Withdraw as Attorney (Park, Houston) |
Filing 607 ENDORSED ORDER taking under advisement #606 Motion to Withdraw as Attorney. The Pandora Marketing Parties' Attorneys are DIRECTED to provide the Court with the status of Mark A. Costello, Esq., who entered #257 Notice of Appearance on December 3, 2020. Signed by Magistrate Judge Embry J. Kidd on 11/19/2021. (IRM) |
Filing 606 MOTION for Houston Park; Robert Klein; Andrew Feldman; Joshua Talcovitz to Withdraw as Attorney Co-Defendants, Pandora Marketing, LLC, Pandora Servicing, LLC, Rich Folk, and William Wilson by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Park, Houston) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 605 ORDER denying #598 Motion to Amend the Case Caption. Signed by Magistrate Judge Embry J. Kidd on 11/18/2021. (IRM) |
Filing 604 RESPONSE in Opposition re #598 MOTION to Amend The Case Caption and Incorporated Memorandum of Law Plaintiffs' Response in Opposition to Pandora's Motion to Amend the Case Caption filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Rubin, Glennys) |
Reset scheduling order deadlines: All remaining motions, including motions in limine are due by 12/17/2021. Pretrial statement due by 1/24/2022 (KNC) |
Filing 603 ORDER: Pandora's Time-Sensitive Motion to Extend Pretrial Deadlines and to Continue the Trial #601 is GRANTED in part. The deadline to file all remaining motions, including motions in limine, is extended to December 17, 2021. The parties shall meet, in person, to prepare the Joint Final Pretrial Statement on or before January 10, 2022, and shall file the Joint Final Pretrial Statement and their Trial Briefs on or before January 24, 2022. In all other respects, the Motion is DENIED. Plaintiffs' Unopposed Time Sensitive Motion for Clarification #602 is DENIED as moot. Signed by Judge Wendy W. Berger on 11/16/2021. (RMF)ctp |
Filing 602 Unopposed MOTION for Clarification re 600 Notice of rescheduling hearing by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 601 Time-Sensitive MOTION to Continue the Trial by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Park, Houston) Modified text on 11/15/2021 (LDJ). |
Filing 600 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference previously scheduled for 12/14/2021, Jury trial previously scheduled for trial term commencing 1/3/2022 is rescheduled. New scheduling date and time: Jury Trial set for trial term commencing 2/7/2022 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Trial Status Conference set for 1/11/2022 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger (RMF)ctp |
Filing 599 REPORT AND RECOMMENDATIONS re #500 Amended MOTION for Sanctions filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc. The undersigned recommends that the Motion be granted in part and denied in part: an order of default should be entered against the Marketing Defendants, and they should be ordered to pay Plaintiffs' reasonable expenses in bringing the motions to compel and the subject Motion. Signed by Magistrate Judge Embry J. Kidd on 11/10/2021. (Kidd, Embry) |
Filing 598 MOTION to Amend The Case Caption and Incorporated Memorandum of Law by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Park, Houston) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 597 ENDORSED ORDER granting in part and denying in part #595 Motion for Extension of Time. The pretrial motions deadline is extended to November 19, 2021. Signed by Magistrate Judge Embry J. Kidd on 11/2/2021. (Kidd, Embry) |
Filing 596 RESPONSE in Opposition re #595 Unopposed MOTION for Extension of Time to File All Other Motions and Incorporated Memorandum of Law filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) |
Filing 595 Time Sensitive and Partially Unopposed MOTION for Extension of Time to File All Other Motions and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 11/1/2021 (matched text to pleading) (KNC). |
Filing 594 Plaintiffs' Sur-REPLY to Response to Motion re #511 MOTION for Summary Judgment Against All Plaintiffs and Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rubin, Glennys) Modified text on 10/21/2021 (LDJ). |
Filing 593 NOTICE of Withdrawal of Supplemental Authority by Rich Folk, Pandora Marketing, LLC, William Wilson re #592 Notice of filing supplemental authority (Park, Houston) Modified on 10/18/2021 (matched text to pleading) (KNC). |
Filing 592 NOTICE of supplemental authority re #550 Response by Rich Folk, Pandora Marketing, LLC, William Wilson. (Park, Houston) |
Filing 591 ENDORSED ORDER denying #590 Motion for Leave to File Response to Sur-Reply. There will be no further briefing on this matter unless the Court deems it necessary. Signed by Magistrate Judge Embry J. Kidd on 10/14/2021. (Kidd, Embry) |
Filing 590 Unopposed MOTION for Leave to File Other Document :Further Briefing in Response to Plaintiffs' Sur-Reply Related to Supplemental Authority and Memorandum of Law by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 589 ENDORSED ORDER denying #588 Motion for Leave to File Further Briefing. The Court will direct further briefing on this matter if it is deemed necessary. Signed by Magistrate Judge Embry J. Kidd on 10/14/2021. (Kidd, Embry) |
Set deadlines: Plaintiffs' Sur-Reply due by 10/20/2021. (KNC) |
Filing 588 MOTION for Leave to File Other Document :Further Briefing in Support of Sanctions Motion (Doc. 500) Plaintiffs' Motion for Leave to FIle Further Briefing in Support of Sanctions Motion (Doc. 500) by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 587 ENDORSED ORDER granting #586 Motion for Leave to File a Sur-Reply. Plaintiffs may file a sur-reply that does not exceed 5 pages and is limited solely to the supplemental authority filed at Doc. #584. The Sur-Reply is due on or before October 20, 2021. Signed by Magistrate Judge Embry J. Kidd on 10/13/2021. (Kidd, Embry) |
Filing 586 MOTION for Leave to File Other Document: Further Briefing in Opposition to The Lawyer Defendants' Motion for Summary Judgment (Doc. 511) by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 10/13/2021 (KNC). |
Filing 585 NOTICE of supplemental authority re #549 Response to Plaintiffs' Post-Hearing Brief in Support of Sanctions by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit 1-Order re Wyndham v Sussman)(Wagner, Brian) |
Filing 584 NOTICE of supplemental authority re #511 MOTION for Summary Judgment Against All Plaintiffs and Memorandum of Law by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Exhibit 1)(Gabrielson, W.) |
Filing 583 ORDER granting in part #524 Plaintiffs' Motion to Strike and granting in part and denying in part #539 Defendant Intermarketing Media's Motion to Amend. Signed by Magistrate Judge Embry J. Kidd on 10/7/2021. (IRM) |
Sealed Document. S-582 (KNC) |
Filing 580 ORDER granting #578 Defendant Pandora Marketing's Unopposed Motion to Seal. Signed by Magistrate Judge Embry J. Kidd on 10/5/2021. (IRM) |
Filing 579 MEMORANDUM in opposition re #571 Motion to Dismiss filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 578 MOTION for Leave to File Under Seal and Incorporated Memorandum of Law by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Park, Houston) Modified on 9/27/2021 (event and text changed) (KNC). |
Sealed Document (S-576). (LDJ) |
Sealed Document (S-575). (LDJ) |
Sealed Document (S-577). (LDJ) |
Filing 574 NOTICE of Filing Redacted Transcripts by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #559 Order on Motion to Seal (Rubin, Glennys) Modified text on 9/22/2021 (LDJ). |
Filing 573 NOTICE Filing Exhibit C by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #543 Response in Opposition to Motion (Rubin, Glennys) Modified text on 9/20/2021 (TNP). |
Filing 572 REPLY in Support re #510 MOTION for Summary Judgment Plaintiffs' Motion for Partial Summary Judgment as to Marketing Defendants and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 9/16/2021 (matched text to pleading) (KNC). |
Filing 571 MOTION to Dismiss Count II of Intermarketing's Amended Crossclaim by Pandora Marketing, LLC, Pandora Servicing, LLC. (Park, Houston) |
Filing 570 NOTICE of Filing Deposition Transcripts by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #559 Order on Motion to Seal (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Park, Houston) Modified on 9/13/2021 (matched text to pleading) (KNC). |
Filing 569 REPLY Brief re #543 Response in Opposition to Motion filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit 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)(Gabrielson, W.) Modified on 9/13/2021 (matched text to pleading and removed duplicate text) (KNC). |
Filing 567 REPLY to Response to Motion re #512 MOTION for Summary Judgment Plaintiffs' Motion for Partial Summary Judgment as to Attorney Defendants and Incorporated Memorandum of Law Plaintiffs' Reply in Support of Motion for Partial Summary Judgment as to Attorney Defendants and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Filing 566 REPLY to Response to Motion re #510 MOTION for Summary Judgment Plaintiffs' Motion for Partial Summary Judgment as to Marketing Defendants and Incorporated Memorandum of Law Plaintiffs' Reply in Support For Partial Summary Judgment as to Marketing Defendants and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 565 ORDER denying #410 Lawyer Defendants' Motion for Leave to Amend Their Answer and Affirmative Defenses to Amended Complaint. Signed by Magistrate Judge Embry J. Kidd on 9/10/2021. (IRM) |
Sealed Document (S-568). (RDO) |
Sealed Document. S-564 (KNC) |
Sealed Document. S-563 (KNC) |
Filing 561 ORDER granting #558 Plaintiffs' Unopposed Motion to Seal. Signed by Magistrate Judge Embry J. Kidd on 9/9/2021. (IRM) |
Filing 560 ORDER granting #544 Plaintiffs' Unopposed Motion to Seal. Signed by Magistrate Judge Embry J. Kidd on 9/9/2021. (IRM) |
Filing 559 ORDER granting #521 Joint Renewed Motion to Seal. Signed by Magistrate Judge Embry J. Kidd on 9/9/2021. (IRM) |
Sealed Document. S-562 (KNC) |
Filing 558 Unopposed MOTION for Leave to File Under Seal in Support of Motion for Summary Judgment and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/8/2021 (matched text and event to pleading) (KNC). |
Set deadlines: Replies due by 9/10/2021. (KNC) |
Filing 557 ENDORSED ORDER granting #548 Plaintiffs' Motion for Extension of Time. Plaintiffs may have until and through September 10, 2021, to reply to Defendants' Oppositions. Signed by Magistrate Judge Embry J. Kidd on 9/7/2021. (IRM) |
Filing 556 ENDORSED ORDER granting #554 Lawyer Defendants' Unopposed Motion for Enlargement of Time. Defendants may have until and through September 10, 2021, to reply to Plaintiffs' Opposition to Lawyer Defendants' Motion for Summary Judgment. Signed by Magistrate Judge Embry J. Kidd on 9/7/2021. (IRM) Modified on 9/7/2021 (KNC). |
Filing 555 RESPONSE in Opposition re #539 MOTION to Amend #498 Answer to amended complaintCrossclaim (Affirmative Defenses) Plaintiffs' Response in Opposition to Defendant Intermarketing's Motion to Amend Affirmative Defenses and Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rubin, Glennys) |
Filing 554 Time-Sensitive Unopposed MOTION for Extension of Time until 9/10/21 to File Response/Reply as to #543 Response in Opposition to Motion and Memorandum of Law by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 9/3/2021 (LDJ). |
Filing 553 MEMORANDUM in opposition re #510 Motion for Summary Judgment filed by Intermarketing Media, LLC. (Attachments: #1 Exhibit A - Krieck Transcript)(DeSouza, Daniel) |
Filing 552 NOTICE of Further Conferral as to re #548 Partially Unopposed Time-Sensitive MOTION for Extension of Time until 9/10/21 to File Response/Reply and Memorandum of Law in Support by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified text on 9/3/2021 (LDJ). |
Filing 551 RESPONSE re #547 Memorandum in support filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 550 RESPONSE re #547 Memorandum in support of Plaintiffs' Post-Hearing Brief in Support of Sanctions filed by Rich Folk, Pandora Marketing, LLC, William Wilson. (Park, Houston) |
Filing 549 RESPONSE re #547 Memorandum in support Lawyer Defendants' Response to Plaintiffs' Post-Hearing Brief in Support of Sanctions (Doc 547) filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) |
Filing 548 Partially Unopposed Time-Sensitive MOTION for Extension of Time until 9/10/21 to File Response/Reply and Memorandum of Law in Support by All Plaintiffs. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 9/3/2021 (LDJ). |
Filing 547 Plaintiffs' Post-Hearing BRIEF in Support of Sanctions re #500 Motion for Sanctions filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Modified on 8/27/2021 (matched text to pleading) (KNC). |
Filing 546 Amended CROSSCLAIM against Pandora Marketing, LLC, Pandora Servicing, LLC filed by Intermarketing Media, LLC.(DeSouza, Daniel) |
Filing 545 RESPONSE in Opposition re #510 MOTION for Summary Judgment Plaintiffs' Motion for Partial Summary Judgment as to Marketing Defendants and Incorporated Memorandum of Law filed by Rich Folk, Pandora Marketing, LLC, William Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Park, Houston) |
Filing 544 Unopposed MOTION to Seal Plaintiffs' Unopposed Motion for Leave to File Under Seal in Support of Opposition to Motion for Summary Judgment and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 543 RESPONSE in Opposition re #511 MOTION for Summary Judgment Against All Plaintiffs and Memorandum of Law Plaintiffs' Opposition to Lawyer Defendants' Motion for Summary Judgment and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (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)(Rubin, Glennys) |
Filing 542 RESPONSE in Opposition re #512 MOTION for Summary Judgment Plaintiffs' Motion for Partial Summary Judgment as to Attorney Defendants and Incorporated Memorandum of Law filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Gabrielson, W.) |
Filing 541 RESPONSE in Opposition re #525 MOTION to Strike #497 Answer to amended complaint Plaintiff's Motion to Strike Pandora Defendants' Affirmative Defenses and Incorporated Memorandum of Law filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Park, Houston) |
Filing 540 MEMORANDUM in opposition re #524 Motion to Strike filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 539 MOTION to Amend #498 Answer to amended complaintCrossclaim (Affirmative Defenses) by Intermarketing Media, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(DeSouza, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 538 NOTICE of Further Conferral by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #524 MOTION to Strike #498 Answer to amended complaint Crossclaim Plaintiffs' Motion to Strike Intermarketing Media, LLC's Affirmative Defenses and Incorporated Memorandum of Law (Rubin, Glennys) Modified on 8/24/2021 (SPM). |
Filing 537 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: Amie First. (ARF) |
Filing 536 TRANSCRIPT of Evidentiary Hearing, Volume 2 of 2 held on August 12, 2021, before Judge Embry J. Kidd. Court Reporter Amie R. First, RDR, CRR, CRC, CPE, AmieFirst.CourtReporter@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 9/10/2021 Redacted Transcript Deadline set for 9/20/2021 Release of Transcript Restriction set for 11/18/2021. (ARF) |
Filing 535 NOTICE of Further Conferral as to Motion to Strike [DE 525] by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #525 MOTION to Strike #497 Answer to amended complaint Plaintiff's Motion to Strike Pandora Defendants' Affirmative Defenses and Incorporated Memorandum of Law (Rubin, Glennys) Modified on 8/23/2021 (rearranged text) (KNC). |
Filing 534 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) |
Filing 533 TRANSCRIPT of Evidentiary Hearing Volume 1 of 2 held on 8/11/21 before Judge Embry J. Kidd. Court Reporter Suzanne L. Trimble, trimblecourtreporter@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 9/8/2021 Redacted Transcript Deadline set for 9/20/2021 Release of Transcript Restriction set for 11/16/2021. (SLT) |
Filing 532 ENDORSED ORDER granting in part and denying in part #531 Motion for Extension of Time. Plaintiffs' time to respond to the summary judgment motions filed by the Marketing Defendants is tolled pending the Court's ruling on the #500 Motion for Sanctions. The motion is denied as to the Lawyer Defendants. Signed by Magistrate Judge Embry J. Kidd on 8/18/2021. (Kidd, Embry) |
Filing 531 Time Sensitive MOTION for Deferment of Responses to Summary Judgment Motions Due to Ongoing Violations of the Court's Discovery Orders and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Quinn, Michael) Modified on 8/18/2021 (matched text to pleading) (KNC). |
Filing 530 NOTICE of Filing in Support of Motion for Summary Judgment (Doc 500) by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #500 Amended MOTION for Sanctions (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)(Quinn, Michael) Modified on 8/13/2021 (rearranged text) (KNC). |
Filing 529 Exhibit List by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.(PML) |
Filing 528 Minute Entry. In Person Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 8/12/2021 re #500 Amended MOTION for Sanctions filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc. Court Reporter: Amie First (PML) |
Filing 527 NOTICE of hearing re: #526 Evidentiary Hearing; Evidentiary Hearing continued to 8/12/2021 at 10:00 AM in Orlando Courtroom 4 C before Magistrate Judge Embry J. Kidd. (PML) ctp |
Filing 526 Minute Entry. In Person Proceedings held before Magistrate Judge Embry J. Kidd: Motion Hearing/Evidentiary re #500 held on 8/11/2021. Hearing continued to 8/12/2021. Court Reporter: Suzanne L. Trimble (PML) |
Filing 525 MOTION to Strike #497 Answer to amended complaint Plaintiff's Motion to Strike Pandora Defendants' Affirmative Defenses and Incorporated Memorandum of Law by All Plaintiffs. (Rubin, Glennys) |
Filing 524 MOTION to Strike #498 Answer to amended complaintCrossclaim Plaintiffs' Motion to Strike Intermarketing Media, LLC's Affirmative Defenses and Incorporated Memorandum of Law by All Plaintiffs. (Rubin, Glennys) |
Filing 523 MOTION to Dismiss RAG's Crossclaim for Failure to State Cause of Action by Pandora Marketing, LLC, Pandora Servicing, LLC. (Park, Houston) |
Filing 522 Witness List by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Park, Houston) |
Filing 521 Joint Renewed MOTION for Leave to File Under Seal in Support of Motions for Summary Judgment and Incorporated Memorandum of Law by All Plaintiffs. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/10/2021 (changed event and matched text to pleading) (KNC). |
Filing 520 Plaintiffs' Witness List for Evidentiary Hearing on August 11, 2021 by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #500 Amended MOTION for Sanctions (Quinn, Michael) Modified on 8/10/2021 (KNC). |
Filing 519 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: Amie First. (ARF) |
Filing 518 TRANSCRIPT of Motion Hearing held on April 13, 2021, before Judge Embry J. Kidd. Court Reporter/Transcriber Amie R. First, RDR, CRR, CRC, CPE, AmieFirst.CourtReporter@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 8/26/2021 Redacted Transcript Deadline set for 9/7/2021 Release of Transcript Restriction set for 11/3/2021. (ARF) |
Filing 517 RESPONSE to Motion re #500 Amended MOTION for Sanctions filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Park, Houston) |
Filing 516 MEMORANDUM in opposition re #500 Motion for Sanctions filed by Intermarketing Media, LLC. (Attachments: #1 Exhibit A - Krieck Transcript Excerpts)(DeSouza, Daniel) |
Filing 515 ORDER denying without prejudice #507 the parties' Joint Motion to Seal. Signed by Magistrate Judge Embry J. Kidd on 8/4/2021. (JLE) |
Filing 514 MOTION for Final Summary Judgment by Intermarketing Media, LLC. (Attachments: #1 Exhibit 1 - Williams v WVO Post-Trial Ruling, #2 Exhibit 2 - Sapien Complaint, #3 Exhibit 3 - Plaintiffs' Responses to Interrogatories, #4 Exhibit 4 - PLaintiffs' Fourth Request for Admissions, #5 Exhibit 5 - Castle Transcript (Placeolder), #6 Exhibit 6 - Perley Transcript (Placeholder), #7 Exhibit 7 - Letters of Explanation (Placeholder), #8 Exhibit 8 - Krieck Declaration)(DeSouza, Daniel) Modified on 8/4/2021 (matched text to pleading) (KNC). |
Filing 513 MOTION for Final Summary Judgment by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (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)(Park, Houston) Modified on 8/4/2021 (matched text to pleading) (KNC). |
Filing 512 MOTION for Summary Judgment Plaintiffs' Motion for Partial Summary Judgment as to Attorney Defendants and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (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)(Rubin, Glennys) |
Filing 511 **STRICKEN PER #734 ORDER** MOTION for Summary Judgment Against All Plaintiffs and Memorandum of Law by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (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)(Gabrielson, W.) Modified on 8/4/2021 (removed duplicate text) (KNC). Modified on 3/22/2022 (KNC). |
Filing 510 MOTION for Summary Judgment Plaintiffs' Motion for Partial Summary Judgment as to Marketing Defendants and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (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 AA, #27 Exhibit BB, #28 Exhibit CC, #29 Exhibit DD, #30 Exhibit EE, #31 Exhibit FF)(Rubin, Glennys) |
Filing 509 ENDORSED ORDER granting #508 Motion to Appear Telephonically. Counsel for Intermarketing Media, LLC, may appear by telephone and are instructed to contact the undersigned's Courtroom Deputy for dial-in instructions. Signed by Magistrate Judge Embry J. Kidd on 8/2/2021. (Kidd, Embry) |
Filing 508 Unopposed MOTION for Daniel DeSouza and David Klein to appear telephonically at August 11, 2021 hearing by Intermarketing Media, LLC. (DeSouza, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 507 Joint Unopposed Time Sensitive MOTION for Leave to File Under Seal in Support of Motions for Summary Judgment and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/2/2021 (matched text to pleading and changed event) (KNC). |
Filing 506 ENDORSED ORDER denying #505 Joint Unopposed Time-Sensitive Motion For Leave To File Additional Pages For Summary Judgment Purposes. Signed by Judge Wendy W. Berger on 7/29/2021. (ETW) |
Filing 505 Joint Unopposed Time-Sensitive MOTION for Leave to File Additional Pages for Summary Judgment Purposes by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 7/27/2021 (matched text to pleading) (KNC). |
Filing 504 NOTICE of hearing: re: #500 Amended MOTION for Sanctions; Evidentiary Hearing set for 8/11/2021 at 9:30 A.M. in Orlando Courtroom 4 C before Magistrate Judge Embry J. Kidd; Three hours have been reserved; Participating parties please note Judge Kidd's preferences page on hearings; While masks are not required, parties are permitted to wear and comply with social distancing as preferred. (PML) ctp |
Filing 503 ENDORSED ORDER finding as moot #499 Motion for Sanctions in light of the #500 Amended Motion. Signed by Magistrate Judge Embry J. Kidd on 7/22/2021. (Kidd, Embry) |
Filing 502 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) |
Filing 501 TRANSCRIPT of Motions Hearing re: #358 Plaintiffs' Time-Sensitive Third Short Form Motion to Compel Sufficient Discovery Responses from Intermarketing Media, LLC, and #360 Defendant Intermarketing Media, LLC's Short Form Motion for Protective Order held on 04/15/2021 before Judge Embry J. Kidd. Court Reporter/Transcriber: Heather Suarez, RPR, FCRR; Telephone number: (407) 744-1567; Email: heathersuarez.usocr@gmail.com. Tape Number: Zoom electronic recording. 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 8/12/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/20/2021. (HLS) |
Filing 500 Amended MOTION for Sanctions by All Plaintiffs. (Attachments: #1 Exhibit 1 (Part A), #2 Exhibit 1 (Part B), #3 Exhibit 2 (Part A), #4 Exhibit 2 (Part B), #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5 (Part A), #8 Exhibit 5 (Part B), #9 Exhibit 6 (Part A), #10 Exhibit 6 (Part B), #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18)(Rubin, Glennys) |
Filing 499 MOTION for Sanctions by All Plaintiffs. (Rubin, Glennys) |
Filing 498 **ANSWER STRICKEN per #689 Order** ANSWER and affirmative defenses with Jury Demand to #36 Amended Complaint , CROSSCLAIM against Pandora Marketing, LLC, Pandora Servicing, LLC by Intermarketing Media, LLC.(DeSouza, Daniel) Modified on 1/19/2022 (SPM). |
Filing 497 **STRICKEN per #689 Order** ANSWER and affirmative defenses with Jury Demand to #36 Amended Complaint by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson.(Park, Houston) Modified on 1/19/2022 (SPM). |
Filing 496 ENDORSED ORDER granting #495 Motion for Extension of Time. Plaintiffs may have until and through July 21, 2021, to file their motion for sanctions. Pandora's response will be due on August 4, 2021. Each side may have an additional 10 pages to brief the matter. Signed by Magistrate Judge Embry J. Kidd on 7/16/2021. (Kidd, Embry) |
Filing 495 Unopposed Time-Sensitive MOTION for Extension of Time to File Sanctions Motion, for Additional Pages, and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 7/16/2021 (matched text to pleading) (KNC). |
Filing 494 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) |
Filing 493 TRANSCRIPT of Status Conference via Zoom Videoconference held on 07/06/2021 before Judge Embry J. Kidd. Court Reporter: Heather Suarez, RPR, FCRR; 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 8/3/2021. Redacted Transcript Deadline set for 8/13/2021. Release of Transcript Restriction set for 10/12/2021. (HLS) |
Filing 492 NOTICE of Supplemental Authority by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #458 Response in Opposition to Motion (Rubin, Glennys) Modified on 7/7/2021 (KNC). |
Filing 491 MOTION for Permanent Injunction Renewed Joint Motion and Stipulation for Entry of Stipulated Final Permanent Injunction Order and Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1)(Quinn, Michael) |
Filing 489 Minute Entry. Virtual (Zoom) Proceedings held before Magistrate Judge Embry J. Kidd: STATUS CONFERENCE held on 7/6/2021. Court Reporter: Heather Suarez (PML) |
Filing 488 ORDER: Defendants Pandora Marketing, LLC and Pandora Servicing, LLC's Corrected Motion to Dismiss #200, Defendants Kenneth Eddy, Rich Folk, and William Wilson's Corrected Motion to Dismiss #201, and Defendant Intermarketing Media, LLC's Motion to Dismiss #202 are DENIED.Signed by Judge Wendy W. Berger on 7/6/2021. (RMF)ctp |
Filing 487 ORDER to strike re: #474 Defendant Intermarketing Media, LLC's Notice Regarding Pending Motions to Dismiss. Signed by Judge Wendy W. Berger on 7/6/2021. (RMF)ctp |
Filing 486 ENDORSED ORDER granting #482 Motion for Clarification. Plaintiffs may have until and through July 15, 2021, to file any motion for sanctions. Signed by Magistrate Judge Embry J. Kidd on 6/30/2021. (Kidd, Embry) |
Filing 485 ENDORSED ORDER granting in part and denying in part #483 Motion for Reconsideration. The Court will not extend the discovery deadline as to this witness, but the parties may agree between themselves to conduct the deposition after the discovery deadline. (Kidd, Embry) |
Filing 484 NOTICE of compliance re #451 Order on Motion to Compel by Rich Folk, Pandora Marketing, LLC, William Wilson (Park, Houston) |
Filing 483 Unopposed MOTION for Reconsideration re 478 Order on Motion to Compel by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 482 MOTION for Miscellaneous Relief, specifically Partially Unopposed Time Sensitive Motion for Order Clarifying that Plaintiffs' potential sanctions motion is not subject to the July 1, 2021 discovery deadline, or, in the alternative, for extension of time to file a motion for sanctions for discovery violations against Defendants, Pandora Marketing, LLC and Intermarketing Media, LLC by All Plaintiffs. (Quinn, Michael) |
Filing 481 ORDER denying without prejudice #460 Motion for Permanent Injunction. Plaintiffs may file a renewed motion on or before July 6, 2021. Signed by Judge Wendy W. Berger on 6/30/2021. (RMF)ctp |
Filing 480 REPLY to Response to Motion re #396 MOTION for Summary Judgment on the Claims of Plaintiffs Wyndham Vacation Ownership, Inc. and Shell Vacations, LLC filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5)(Gabrielson, W.) Modified on 7/1/2021 (KNC). |
Filing 479 ENDORSED ORDER granting in part and denying in part #472 Non-Party Miranda McCroskey's Motion for Protective Order. The Court will extend the discovery deadline to July 21, 2021 solely for the purpose of taking the deposition of Miranda McCroskey . No other deadlines are extended by this Order. Signed by Magistrate Judge Embry J. Kidd on 6/30/2021. (Kidd, Embry) |
Filing 478 ENDORSED ORDER granting in part and denying in part #471 Motion to Compel. It appears that the witness and attorneys are available on July 1, 2021, so the deposition will go forth on that date. Fees and costs are denied because the attorneys for Intermarketing Media notified Plaintiffs of their unavailability and attempted to reschedule the deposition for a date prior to the discovery deadline. Signed by Magistrate Judge Embry J. Kidd on 6/30/2021. (Kidd, Embry) |
Filing 477 RESPONSE in Opposition re #472 Emergency MOTION for Protective Order Re July 1, 2021 Deposition filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) |
Filing 476 MEMORANDUM in opposition re #471 Motion to Compel filed by Intermarketing Media, LLC. (Attachments: #1 Exhibit A - Emails, #2 Exhibit B - Emails)(DeSouza, Daniel) |
Filing 475 ENDORSED ORDER taking under advisement #471 Motion to Compel. Intermarketing Media is directed to respond today at or before 3:00 p.m. Signed by Magistrate Judge Embry J. Kidd on 6/30/2021. (Kidd, Embry) |
Filing 474 **STRICKEN PER ORDER AT #487** NOTICE Regarding Pending Motions to Dismiss by Intermarketing Media, LLC re #202 MOTION to Dismiss Amended Complaint (Attachments: #1 Exhibit A - Diamond Order Granting Motion to Dismiss)(DeSouza, Daniel) Modified on 7/1/2021 (matched text to pleading) (KNC). Modified on 7/7/2021 (KNC). |
Filing 473 ENDORSED ORDER taking under advisement #472 Motion for Protective Order. This motion does not qualify for emergency treatment. See Preferences, Emergency Motions, https://www.flmd.uscourts.gov/judges/embry-kidd. Nevertheless, the Court will order an expedited response. Plaintiffs must respond today at or before 3:00 p.m. Signed by Magistrate Judge Embry J. Kidd on 6/30/2021. (Kidd, Embry) |
Filing 472 Emergency MOTION for Protective Order Re July 1, 2021 Deposition by Miranda McCroskey. (Attachments: #1 Subpoena, #2 McCroskey Declaration)(Baker, Amy) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 471 Time-Sensitive MOTION to Compel to Appear For Corporate Representative Deposition by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 6/30/2021 (KNC). |
Filing 470 ENDORSED ORDER denying #468 Motion for Protective Order. The deposition was properly noticed, and the discovery period closes on July 1. Pandora must produce the witness on or before that date, unless the parties agree between themselves to conduct the deposition after the close of discovery. However, the Court will not enforce any such agreement. Signed by Magistrate Judge Embry J. Kidd on 6/29/2021. (Kidd, Embry) |
Filing 469 RESPONSE in Opposition re #468 MOTION for Protective Order and to Modify a Subpoena Plaintiffs' Opposition to Co-Defendant, Pandora Marketing, LLC's ("Pandora") Expedited Motion for a Protective Order and to Modify a Subpoena ("Motion") filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) |
Filing 468 Expedited MOTION for Protective Order and to Modify a Subpoena by Pandora Marketing, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Park, Houston) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 6/29/2021 (KNC). |
Filing 467 ORDER denying #461 Plaintiffs' Motion for Protective Order Regarding Corporate Representative Deposition. Signed by Magistrate Judge Embry J. Kidd on 6/25/2021. (JLE) |
Filing 466 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) |
Filing 465 TRANSCRIPT of Motion Hearing held on 3/16/21 before Judge Embry J. Kidd. Court Reporter/Transcriber Suzanne L. 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 7/15/2021 Redacted Transcript Deadline set for 7/26/2021 Release of Transcript Restriction set for 9/22/2021. (SLT) |
Filing 464 RESPONSE in Opposition re #461 Third MOTION for Protective Order Regarding Corporate Representative Deposition Lawyer Defendants' Response in Opposition to Plaintiffs' Third Motion for Protective Order filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5, #6 Exhibit Attachment 6, #7 Exhibit Attachment 7)(Gabrielson, W.) |
Set deadlines as to #461 Third MOTION for Protective Order Regarding Corporate Representative Deposition. Defendants' Responses due by 6/24/2021 (KNC) |
Filing 463 ENDORSED ORDER taking under advisement #461 Motion for Protective Order. Defendants are directed to respond on or before June 24, 2021. Signed by Magistrate Judge Embry J. Kidd on 6/22/2021. (Kidd, Embry) |
Filing 462 ENDORSED ORDER granting #454 Motion for Protective Order. There is no dispute that the notices violated Local Rule 3.04, and the Court does not find good cause to truncate the notice period. Signed by Magistrate Judge Embry J. Kidd on 6/22/2021. (Kidd, Embry) |
Filing 461 Third MOTION for Protective Order Regarding Corporate Representative Deposition by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1)(Leger, Christian) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 6/21/2021 (matched text to pleading) (KNC). |
Filing 460 Joint MOTION and Stipulation for Entry of Stipulated Final Permanent Injunction Order by All Plaintiffs. (Attachments: #1 Exhibit 1 - Permanent Injunction Order)(Quinn, Michael) Modified on 6/21/2021 (matched text to pleading) (KNC). |
Filing 459 MEMORANDUM in opposition re #454 Motion for Protective Order filed by Intermarketing Media, LLC. (Attachments: #1 Exhibit A - Email)(DeSouza, Daniel) |
Filing 458 RESPONSE in Opposition re #396 MOTION for Summary Judgment on the Claims of Plaintiffs Wyndham Vacation Ownership, Inc. and Shell Vacations, LLC Plaintiffs' Response in Opposition to Lawyer Defendants' Motion For Summary Judgment and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rubin, Glennys) |
Filing 457 ENDORSED ORDER granting #453 Motion for Extension of Time. Plaintiffs may have until and through June 16, 2021, to respond to the #396 Motion for Summary Judgment. Signed by Magistrate Judge Embry J. Kidd on 6/16/2021. (Kidd, Embry) |
Filing 456 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) |
Filing 455 TRANSCRIPT of Motion Hearing held on 6/9/21 before Judge Embry J. Kidd. Court Reporter Suzanne L. Trimble, trimblecourtreporter@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 7/7/2021 Redacted Transcript Deadline set for 7/19/2021 Release of Transcript Restriction set for 9/14/2021. (SLT) |
Filing 454 MOTION for Protective Order as to Intermarketing Media LLC's Deposition Notice by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 6/16/2021 (KNC). |
Filing 453 Unopposed Time Sensitive MOTION for Extension of Time to File Response/Reply as to #396 MOTION for Summary Judgment on the Claims of Plaintiffs Wyndham Vacation Ownership, Inc. and Shell Vacations, LLC by All Plaintiffs. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 6/15/2021 (KNC). |
Filing 452 NOTICE of ZOOM hearing: Status Conference set for 7/6/2021 at 9:30 AM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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.(PML) ctp |
Filing 451 ORDER denying #432 Pandora Marketing, LLC's Motion to Compel; granting #433 Plaintiffs' Motion to Compel; granting in part #435 Plaintiffs' Motion to Compel. The Court will reserve ruling on sanctions at this time. Signed by Magistrate Judge Embry J. Kidd on 6/9/2021. (JLE) |
Filing 449 Minute Entry. Virtual (Zoom) Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 6/9/2021 re #435 Short Form MOTION to Compel Sufficient Responses and Production of Documents From Defendant Pandora Marketing, LLC and For Sanctions filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #433 MOTION to Compel Short Form Motion to Compel Sufficient Responses and Production of Documents Regarding First Requests for Production to Pandora Marketing, LLC and Individual Defendants Rich Folk and William Wilson filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #432 MOTION to Compel Plaintiff to Serve Materials Responsive to Pandora Marketing's First Request for Production filed by Pandora Marketing, LLC. Court Reporter: Suzanne L. Trimble (PML) |
Filing 448 RESPONSE to Motion re #435 Short Form MOTION to Compel Sufficient Responses and Production of Documents From Defendant Pandora Marketing, LLC and For Sanctions filed by Pandora Marketing, LLC. (Park, Houston) |
Filing 447 RESPONSE to Motion re #433 MOTION to Compel Short Form Motion to Compel Sufficient Responses and Production of Documents Regarding First Requests for Production to Pandora Marketing, LLC and Individual Defendants Rich Folk and William Wilson filed by Pandora Marketing, LLC. (Park, Houston) |
Filing 446 NOTICE of Appearance by Joshua Talcovitz on behalf of Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Talcovitz, Joshua) |
Filing 445 RESPONSE in Opposition re #432 MOTION to Compel Plaintiff to Serve Materials Responsive to Pandora Marketing's First Request for Production Plaintiffs' Opposition to Pandora Marketing, LLC's ("Defendant") Motion to Compel (Doc. 432)("Motion") filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Reset deadlines as to #396 MOTION for Summary Judgment on the Claims of Plaintiffs Wyndham Vacation Ownership, Inc. and Shell Vacations, LLC. Plaintiffs' Response due by 6/14/2021 (KNC) |
Filing 444 ENDORSED ORDER granting in part and denying in part #434 Motion for Extension of Time. The Court's June 4, 2021, deadline does not apply to all motions for sanctions. However, it does apply to any motion for sanctions whose remedy would entail the production of additional discovery. Signed by Magistrate Judge Embry J. Kidd on 6/7/2021. (Kidd, Embry) |
Filing 443 ENDORSED ORDER granting #429 Motion for Extension of Time. The deadline to comply with the Court's previous order is extended to June 10, 2021. Signed by Magistrate Judge Embry J. Kidd on 6/7/2021. (Kidd, Embry) |
Filing 442 ENDORSED ORDER granting #428 Motion for Extension of Time. Plaintiffs' response to the motion for summary judgment is due on or before June 14, 2021. Signed by Magistrate Judge Embry J. Kidd on 6/7/2021. (Kidd, Embry) |
Filing 441 ORDER denying as moot #394 & #405 Plaintiffs' Motions to Compel Removal of "Attorneys' Eyes Only" Designations; granting in part and denying in part #395 & #397 Plaintiffs' Motions to Compel as to Defendant Intermarketing Media, LLC. Signed by Magistrate Judge Embry J. Kidd on 6/7/2021. (JLE) |
Filing 440 ENDORSED ORDER granting in part and denying in part #419 Motion for Extension of Time. The deadline is extended to, and including, June 14, 2021. Signed by Magistrate Judge Embry J. Kidd on 6/7/2021. (Kidd, Embry) |
Filing 439 NOTICE of ZOOM hearing on motion re #432 MOTION to Compel Plaintiff to Serve Materials Responsive to Pandora Marketing's First Request for Production, #435 Short Form MOTION to Compel Sufficient Responses and Production of Documents From Defendant Pandora Marketing, LLC and For Sanctions, #433 MOTION to Compel Short Form Motion to Compel Sufficient Responses and Production of Documents Regarding First Requests for Production to Pandora Marketing, LLC and Individual Defendants Rich Folk and William Wilson. Motion Hearing set for 6/9/2021 at 2:30 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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. (PML) ctp |
Filing 437 Minute Entry. Virtual (Zoom) Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 6/7/2021 re #405 Second Short-Form MOTION to Compel Removal of Improper Confidentiality And Attorneys' Eyes Only Designation From Intermarketing Media LLC's ("RAG") Document Production filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #395 MOTION to Compel Sufficient Discovery Responses from Defendant Intermarketing Media, LLC ("Intermarketing") ;Plaintiffs' Fourth Short Form Motion to Compel Sufficient Discovery Responses from Defendant Intermarketing Media, LLC (&qu filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #397 MOTION to Compel Sufficient Responses from Intermarketing Media, LLC ("Intermarketing") to Plaintiffs' Second Set of Interrogatories and Second and Fourth Requests for Production Plaintiffs' Fifth Short Form Motion to Compel S filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #394 MOTION to Compel Removal of Defendants, Pandora Marketing and Intermarketing Media's ("TPE Defendants"), Improper "Attorney's Eyes Only" Designations From Third Party Document Productions From Financial Institutions filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc. Court Reporter: Suzanne L. Trimble (PML) |
Filing 436 Supplemental Joint NOTICE in Regard to Pending Discovery Motions by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #405 Second Short-Form MOTION to Compel Removal of Improper Confidentiality And Attorneys' Eyes Only Designation From Intermarketing Media LLC's ("RAG") Document Production, #394 MOTION to Compel Removal of Defendants, Pandora Marketing and Intermarketing Media's ("TPE Defendants"), Improper "Attorney's Eyes Only" Designations From Third Party Document Productions From Financial Institutions , #431 Notice (Other) (Rubin, Glennys) Modified text on 6/7/2021 (LDJ). |
Filing 435 Short Form MOTION to Compel Sufficient Responses and Production of Documents From Defendant Pandora Marketing, LLC and For Sanctions by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (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)(Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 6/7/2021 (LDJ). |
Filing 434 Consent MOTION for Extension of Time to File Motion for Sanctions by All Plaintiffs. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 433 MOTION to Compel Short Form Motion to Compel Sufficient Responses and Production of Documents Regarding First Requests for Production to Pandora Marketing, LLC and Individual Defendants Rich Folk and William Wilson by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 432 MOTION to Compel Plaintiff to Serve Materials Responsive to Pandora Marketing's First Request for Production by Pandora Marketing, LLC. (Attachments: #1 Exhibit)(Park, Houston) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 431 Joint NOTICE in Regard to Pending Discovery Motions by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #405 Second Short-Form MOTION to Compel Removal of Improper Confidentiality And Attorneys' Eyes Only Designation From Intermarketing Media LLC's ("RAG") Document Production, #395 MOTION to Compel Sufficient Discovery Responses from Defendant Intermarketing Media, LLC ("Intermarketing") Plaintiffs' Fourth Short Form Motion to Compel Sufficient Discovery Responses from Defendant Intermarketing Media, LLC , #397 MOTION to Compel Sufficient Responses from Intermarketing Media, LLC ("Intermarketing") to Plaintiffs' Second Set of Interrogatories and Second and Fourth Requests for Production Plaintiffs' Fifth Short Form Motion to Compel S, #394 MOTION to Compel Removal of Defendants, Pandora Marketing and Intermarketing Media's ("TPE Defendants"), Improper "Attorney's Eyes Only" Designations From Third Party Document Productions From Financial Institutions (Rubin, Glennys) Modified text on 6/7/2021 (LDJ). |
Filing 430 RESPONSE to Motion re #429 MOTION for Extension of Time to Complete Discovery in Response to Plaintiffs' Motion to Compel (ECF No. 388) and Pursuant to Court Order (ECF No. 415) and Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified text on 6/7/2021 (LDJ). |
Filing 429 MOTION for Extension of Time to Complete Discovery in Response to Plaintiffs' Motion to Compel (ECF No. 388) and Pursuant to Court Order (ECF No. 415) by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 428 MOTION for Extension of Time to File Response in Opposition to the Attorney Defendants' Motion for Summary Judgment (Doc. 396) Plaintiffs' Consent Motion for Extension of Time (To The Extent Needed) to File Response in Opposition to the Attorney Defendants' Motion for Summary Judgment (Doc. 396) and Incorporated Memorandum of Law by Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 427 ENDORSED ORDER striking #425. The Motion for an Order to Show Cause appears to be erroneously entered in the instant case, given that the case caption is incorrect and Mr. Gallagher is not a litigant in this action. Signed by Magistrate Judge Embry J. Kidd on 6/2/2021. (JLE) |
Filing 426 NOTICE of ZOOM hearing on motion re #395 MOTION to Compel Sufficient Discovery Responses from Defendant Intermarketing Media, LLC ("Intermarketing") ;Plaintiffs' Fourth Short Form Motion to Compel Sufficient Discovery Responses from Defendant Intermarketing Media, LLC (&qu, #394 MOTION to Compel Removal of Defendants, Pandora Marketing and Intermarketing Media's ("TPE Defendants"), Improper "Attorney's Eyes Only" Designations From Third Party Document Productions From Financial Institutions, #405 Second Short-Form MOTION to Compel Removal of Improper Confidentiality And Attorneys' Eyes Only Designation From Intermarketing Media LLC's ("RAG") Document Production, #397 MOTION to Compel Sufficient Responses from Intermarketing Media, LLC ("Intermarketing") to Plaintiffs' Second Set of Interrogatories and Second and Fourth Requests for Production; Plaintiffs' Fifth Short Form Motion to Compel S. Motion Hearing set for 6/7/2021 at 02:30 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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. (PML) ctp |
Filing 425 (STRICKEN per ENDORSED ORDER 427) MOTION for Order to Show Cause Why Attorney Defendant Charles Gallagher Should Not Be Held in Contempt and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rubin, Glennys) Modified text on 6/2/2021 (LDJ). |
Filing 424 RESPONSE to Motion re #419 MOTION for Miscellaneous Relief, specifically Short Form Motion for Extension of Production Deadline in Response to Attorney Defendants Motions to Compel Docs Nos. 384, 385 and pursuant to Court Order Doc No. 415 filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) |
Filing 423 RESPONSE in Opposition re #410 MOTION to Amend #252 Amended Answer to Complaint and Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A)(Rubin, Glennys) Modified text on 6/2/2021 (LDJ). |
Filing 422 ENDORSED ORDER granting #418 Motion for Extension of Time. Plaintiffs may have until and through June 4, 2021, to file their motion for attorneys' fees. Signed by Magistrate Judge Embry J. Kidd on 6/1/2021. (Kidd, Embry) |
Filing 421 ENDORSED ORDER granting #406 Motion to Exceed Deposition Limit; granting #417 Motion to Exceed Deposition Limit. After considering the arguments presented by the parties, the Court finds good cause to grant Defendants' collective request for 14 additional depositions, not to exceed 3.5 hours each. Signed by Magistrate Judge Embry J. Kidd on 6/1/2021. (Kidd, Embry) |
Filing 420 RESPONSE in Opposition re #417 MOTION for Miscellaneous Relief, specifically Time Sensitive Motion for Leave to Exceed Number of Depositions and Incorporated Memo of Law Plaintiffs' Response in Opposition to Defendants' Slattery, Sobel & Decamp, LLP; Del Mar Group, LLP; Carlsbad Law Group, LLP; and JL Sean Slattery (Together, the "Lawyer Defendants") Motion for Leave to Exceed Number of Depositions [DE 417]("Motion") filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Filing 419 MOTION for Miscellaneous Relief, specifically Short Form Motion for Extension of Production Deadline in Response to Attorney Defendants Motions to Compel Docs Nos. 384, 385 and pursuant to Court Order Doc No. 415 by All Plaintiffs. (Rubin, Glennys) |
Filing 418 Joint TIME SENSITIVE MOTION for Extension of Time until 6/4/21 to File Motion for Attorneys' Fees and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 6/1/2021 (LDJ). |
Filing 417 MOTION for Miscellaneous Relief, specifically Time Sensitive Motion for Leave to Exceed Number of Depositions and Incorporated Memo of Law by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit A - Email to Plaintiffs' Counsel)(Wagner, Brian) |
Filing 416 RESPONSE in Opposition re #405 Second Short-Form MOTION to Compel Removal of Improper Confidentiality And Attorneys' Eyes Only Designation From Intermarketing Media LLC's ("RAG") Document Production filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 415 ORDER granting in part and denying without prejudice in part #384 the Lawyer Defendants' Motion to Compel ; granting #385 The Lawyer Defendants' Motion to Compel ; granting in part and denying without prejudice in part Plaintiffs' #388 Motion to Compel ; denying the Lawyer Defendants' #391 Motion for Protective Order; denying the Lawyer Defendants' #392 Motion to Compel. Signed by Magistrate Judge Embry J. Kidd on 5/20/2021. (JLE) |
Filing 414 RESPONSE in Opposition re #406 MOTION for Miscellaneous Relief, specifically to Allow Defendants to Exceed Depositions Plaintiffs' Response in Opposition to Intermarketing Media's ("Intermarketing") Motion to Exceed The Number of Permitted Depositions [DE 406] ("Motion") filed by Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Filing 412 RESPONSE in Opposition re #397 MOTION to Compel Sufficient Responses from Intermarketing Media, LLC ("Intermarketing") to Plaintiffs' Second Set of Interrogatories and Second and Fourth Requests for Production Plaintiffs' Fifth Short Form Motion to Compel S filed by Intermarketing Media, LLC. (Attachments: #1 Exhibit A - Timeshare Owner List)(DeSouza, Daniel) |
Filing 411 RESPONSE in Opposition re #395 MOTION to Compel Sufficient Discovery Responses from Defendant Intermarketing Media, LLC ("Intermarketing") Plaintiffs' Fourth Short Form Motion to Compel Sufficient Discovery Responses from Defendant Intermarketing Media, LLC (&qu filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 410 MOTION to Amend #252 Amended Answer to Complaint by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit 1-Depo Excerpt of Ramona Harrington, #2 Exhibit 2-Second Amended Answer and Defenses)(Wagner, Brian) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 409 ENDORSED ORDER re discovery motions. As the discovery deadline is July 1, 2021 (see Doc. #359), the undersigned directs all parties to file any and all motions for outstanding discovery on or before June 4, 2021. This deadline is to ensure that the opposing party has a sufficient amount of time to respond to said motion, and if necessary, comply with any order compelling discovery ahead of the July 1st deadline. Signed by Magistrate Judge Embry J. Kidd on 5/18/2021. (JLE) |
Filing 408 Minute Entry. Virtual (Zoom) Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 5/18/2021 re #388 MOTION to Compel Sufficient Responses From Attorney Defendants Relative to Plaintiffs' Second Request For Production And Incorporated Memorandum of Law Plaintiffs' Short-Form Motion to Compel Sufficient Responses From Attorney Defendant filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #392 MOTION to Compel Deposition Testimony as to Wyndham's Corporate Policies and Practices and Memorandum in Support Thereof filed by Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Carlsbad Law Group, LLP, #384 MOTION to Compel Production of Materials Requested in Requests 1, 2 and 7 of Lawyer Defendants' Fourth Request to Produce filed by Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Carlsbad Law Group, LLP, #391 MOTION for Protective Order and Memorandum of Law of Lawyer Defendants SS&D, DMLG, CLG, and Sean Slattery filed by Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Carlsbad Law Group, LLP, #385 MOTION to Compel Production of Documents by Plaintiffs Pursuant to Lawyer Defendants' First Requests for Production filed by Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Carlsbad Law Group, LLP. (Zoom digital) (PML) |
Filing 407 RESPONSE to Motion re #394 MOTION to Compel Removal of Defendants, Pandora Marketing and Intermarketing Media's ("TPE Defendants"), Improper "Attorney's Eyes Only" Designations From Third Party Document Productions From Financial Institutions filed by Pandora Marketing, LLC. (Park, Houston) |
Filing 406 MOTION for Miscellaneous Relief, specifically to Allow Defendants to Exceed Depositions by Intermarketing Media, LLC. (DeSouza, Daniel) Modified on 5/19/2021 (KNC). |
Filing 405 Second Short-Form MOTION to Compel Removal of Improper Confidentiality And Attorneys' Eyes Only Designation From Intermarketing Media LLC's ("RAG") Document Production by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/18/2021 (KNC). |
Filing 404 RESPONSE in Opposition re #391 MOTION for Protective Order and Memorandum of Law of Lawyer Defendants SS&D, DMLG, CLG, and Sean Slattery Plaintiffs' Response in Opposition to Lawyer Defendants' ("Defendants") Motion For Protective Order [DE 391] filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Filing 403 Joint NOTICE in Regard to Pending Discovery Motions by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #388 MOTION to Compel Sufficient Responses From Attorney Defendants Relative to Plaintiffs' Second Request For Production And Incorporated Memorandum of Law Plaintiffs' Short-Form Motion to Compel Sufficient Responses From Attorney Defendant, 390 Notice of hearing on motion, #392 MOTION to Compel Deposition Testimony as to Wyndham's Corporate Policies and Practices and Memorandum in Support Thereof , #384 MOTION to Compel Production of Materials Requested in Requests 1, 2 and 7 of Lawyer Defendants' Fourth Request to Produce , #391 MOTION for Protective Order and Memorandum of Law of Lawyer Defendants SS&D, DMLG, CLG, and Sean Slattery, #385 MOTION to Compel Production of Documents by Plaintiffs Pursuant to Lawyer Defendants' First Requests for Production , 393 Notice of hearing on motion (Rubin, Glennys) Modified on 5/17/2021 (matched text to pleading) (KNC). |
Filing 402 RESPONSE in Opposition re #392 MOTION to Compel Deposition Testimony as to Wyndham's Corporate Policies and Practices and Memorandum in Support Thereof Plaintiffs' Opposition to Lawyer Defendant's Motion to Compel (Doc. 392) filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Rubin, Glennys) |
Filing 401 NOTICE of Appearance of Reba Abraham Pearce of Waugh Grant PLLC Appearance by Christian W. Waugh on behalf of Yuge Internet Marketing, LLC (Waugh, Christian) |
Filing 400 NOTICE of change of address by Christian W. Waugh (Waugh, Christian) |
Filing 399 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) |
Filing 398 TRANSCRIPT of Motion to Compel held on 3/23/21 before Judge Embry J. Kidd. Court Reporter/Transcriber Suzanne L. 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 6/4/2021 Redacted Transcript Deadline set for 6/14/2021 Release of Transcript Restriction set for 8/12/2021. (SLT) |
Filing 397 Plaintiff's Fifth Short Form MOTION to Compel Sufficient Responses from Intermarketing Media, LLC ("Intermarketing") to Plaintiffs' Second Set of Interrogatories and Second and Fourth Requests for Production by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/14/2021 (KNC). |
Filing 396 MOTION for Summary Judgment on the Claims of Plaintiffs Wyndham Vacation Ownership, Inc. and Shell Vacations, LLC by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2)(Gabrielson, W.) |
Filing 395 Plaintiff's Fourth Short Form MOTION to Compel Sufficient Discovery Responses from Defendant Intermarketing Media, LLC ("Intermarketing") by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/14/2021 (KNC). |
Filing 394 MOTION to Compel Removal of Defendants, Pandora Marketing and Intermarketing Media's ("TPE Defendants"), Improper "Attorney's Eyes Only" Designations From Third Party Document Productions From Financial Institutions by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/14/2021 (KNC). |
Filing 393 NOTICE of ZOOM hearing on motion re #391 MOTION for Protective Order and Memorandum of Law of Lawyer Defendants SS&D, DMLG, CLG, and Sean Slattery, #392 MOTION to Compel Deposition Testimony as to Wyndham's Corporate Policies and Practices and Memorandum in Support Thereof . Motion Hearing set for 5/18/2021 at 2:30 PM before Magistrate Judge Embry J. Kidd; re Notice of hearing at Doc. 390. (PML) ctp |
Filing 392 MOTION to Compel Deposition Testimony as to Wyndham's Corporate Policies and Practices and Memorandum in Support Thereof by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1)(Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 391 MOTION for Protective Order and Memorandum of Law of Lawyer Defendants SS&D, DMLG, CLG, and Sean Slattery by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/13/2021 (removed duplicate text) (KNC). |
Filing 390 NOTICE of ZOOM hearing on motion re #388 MOTION to Compel Sufficient Responses From Attorney Defendants Relative to Plaintiffs' Second Request For Production And Incorporated Memorandum of Law Plaintiffs' Short-Form Motion to Compel Sufficient Responses From Attorney Defendant, #385 MOTION to Compel Production of Documents by Plaintiffs Pursuant to Lawyer Defendants' First Requests for Production , #384 MOTION to Compel Production of Materials Requested in Requests 1, 2 and 7 of Lawyer Defendants' Fourth Request to Produce . Motion Hearing set for 5/18/2021 at 2:30 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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 (PML) ctp |
Filing 389 RESPONSE in Opposition re #388 MOTION to Compel Sufficient Responses From Attorney Defendants Relative to Plaintiffs' Second Request For Production And Incorporated Memorandum of Law Plaintiffs' Short-Form Motion to Compel Sufficient Responses From Attorney Defendant Lawyer Defendants' Response in Partial Opposition to Plaintiffs' Short Form Motion to Compel Sufficient Responses from Attorney Defendants Relative to Plaintiffs' Second Request for Production and Incorporated Memorandum of Law filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gabrielson, W.) Modified on 5/11/2021 (KNC). |
Filing 388 MOTION to Compel Sufficient Responses From Attorney Defendants Relative to Plaintiffs' Second Request For Production And Incorporated Memorandum of Law Plaintiffs' Short-Form Motion to Compel Sufficient Responses From Attorney Defendants Relative To Plaintiffs' Second Request For Production and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 387 RESPONSE in Opposition re #384 MOTION to Compel Production of Materials Requested in Requests 1, 2 and 7 of Lawyer Defendants' Fourth Request to Produce Plaintiffs' Response in Opposition to Lawyer Defendants' Motion to Compel The Production of Materials Requested in Requests 1, 2 and 7 of Lawyer Defendants Fourth Request to Produce Wyndham Vacation Ownership, Inc. and the Filing of a Privilege Log [DE 384] filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 386 RESPONSE in Opposition re #385 MOTION to Compel Production of Documents by Plaintiffs Pursuant to Lawyer Defendants' First Requests for Production Plaintiffs' Response in Opposition to Lawyer Defendants' Motion to Compel Production of Documents by Plaintiffs Pursuant to Lawyer Defendants' First Requests For Production [DE 385] filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 385 MOTION to Compel Production of Documents by Plaintiffs Pursuant to Lawyer Defendants' First Requests for Production by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5, #6 Exhibit Attachment 6)(Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 384 MOTION to Compel Production of Materials Requested in Requests 1, 2 and 7 of Lawyer Defendants' Fourth Request to Produce by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Composite Attachment 1 - Part A, #2 Exhibit Composite Attachment 1 - Part B)(Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 383 ORDER granting in part and denying in part #358 Plaintiffs' Motion to Compel ; denying #360 Defendant Intermarketing Media, LLC's Motion for Protective Order. Signed by Magistrate Judge Embry J. Kidd on 4/15/2021. (JLE) |
Filing 382 ORDER: (1) denying #333 Defendant Pandora Marketing, LLC's Motion for Reconsideration. Defendant is directed provide a records custodian for a deposition to take place on or before May 5, 2021. The #322 Order to Show Cause is discharged. (2) granting in part and denying in part #368 Plaintiff's Motion to Compel. (3) granting #371 Plaintiff's Motion for Extension of Time to File Motion for Attorneys' Fees. Plaintiff may file a motion for attorneys' fees on or before May 28 2021. Signed by Magistrate Judge Embry J. Kidd on 4/14/2021. (JLE) |
Filing 380 Minute Entry. Virtual (Zoom) Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 4/15/2021 re #358 Time Sensitive MOTION to Compel Sufficient Discovery Responses from Intermarketing Media Plaintiffs' Time-Sensitive Third Short Form Motion to Compel Sufficient Discovery Responses from Intermarketing Media filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #360 MOTION for Protective Order re Wells Fargo Subpoena filed by Intermarketing Media, LLC. (Zoom digital) (PML) |
Filing 379 Joint NOTICE in Regard to Pending Motions by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #358 Time Sensitive MOTION to Compel Sufficient Discovery Responses from Intermarketing Media Plaintiffs' Time-Sensitive Third Short Form Motion to Compel Sufficient Discovery Responses from Intermarketing Media, #360 MOTION for Protective Order re Wells Fargo Subpoena (Quinn, Michael) Modified on 4/14/2021 (KNC). |
Filing 377 Minute Entry. Virtual (Zoom) Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 4/13/2021 re #368 Short Form MOTION to Compel Sufficient Responses from Pandora Marketing, LLC Relative to Plaintiffs' Requests for Admissions and Incorporated Memorandum of Law filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #333 MOTION for Reconsideration re #322 Order to show cause filed by Pandora Marketing, LLC, #371 Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees Unopposed Motion for Extension of Time to File Motion for Attorneys' Fees and Incorporated Memorandum of Law filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc.. (Zoom digital) (PML) |
Filing 376 DECLARATION of Michael J. Quinn, Esq. re #339 Notice (Other), #325 Response to order to show cause, #322 Order to show cause, by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Quinn, Michael) |
Filing 375 NOTICE of ZOOM hearing on motion re #360 MOTION for Protective Order re Wells Fargo Subpoena, #358 Time Sensitive MOTION to Compel Sufficient Discovery Responses from Intermarketing Media Plaintiffs' Time-Sensitive Third Short Form Motion to Compel Sufficient Discovery Responses from Intermarketing Media. Motion Hearing set for 4/15/2021 at 3:00 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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. (PML) ctp |
Filing 374 NOTICE of ZOOM Show Cause hearing (Doc. 322) and on motions re #371 Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees Unopposed Motion for Extension of Time to File Motion for Attorneys' Fees and Incorporated Memorandum of Law, #333 MOTION for Reconsideration re #322 Order to show cause , #368 Short Form MOTION to Compel Sufficient Responses from Pandora Marketing, LLC Relative to Plaintiffs' Requests for Admissions and Incorporated Memorandum of Law; Show Cause hearing and Motion Hearing set for 4/13/2021 at 3:00 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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. (PML) ctp |
Filing 373 ENDORSED ORDER denying #372 Motion for Order to Show Cause. The Court has already issued an #322 Order to Show Cause as to this matter, which has not yet been resolved. A separate hearing will be noticed. Signed by Magistrate Judge Embry J. Kidd on 4/12/2021. (Kidd, Embry) |
Filing 372 MOTION for Order to Show Cause Plaintiffs' Short Form Motion for Order to Show Cause Why Defendant Pandora Marketing, LLC Should Not Be Held In Contempt of the Court's Orders to Produce Responsive Documents and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Filing 371 Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees Unopposed Motion for Extension of Time to File Motion for Attorneys' Fees and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 370 RESPONSE to Motion re #368 Short Form MOTION to Compel Sufficient Responses from Pandora Marketing, LLC Relative to Plaintiffs' Requests for Admissions and Incorporated Memorandum of Law filed by Pandora Marketing, LLC. (Park, Houston) |
Filing 369 ENDORSED ORDER granting #363 Motion for Extension of Time. Intermarketing Media, LLC, may have until and through April 12, 2021, to respond to the discovery requests, including the production of responsive documents. Signed by Magistrate Judge Embry J. Kidd on 4/5/2021. (Kidd, Embry) |
Filing 368 Short Form MOTION to Compel Sufficient Responses from Pandora Marketing, LLC Relative to Plaintiffs' Requests for Admissions and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 4/3/2021 (TNP). |
Filing 367 RESPONSE to Motion re #363 MOTION for Extension of Time to Complete Discovery filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified text on 4/3/2021 (TNP). |
Filing 366 Amended RESPONSE in Opposition re #358 Time Sensitive MOTION to Compel Sufficient Discovery Responses from Intermarketing Media Plaintiffs' Time-Sensitive Third Short Form Motion to Compel Sufficient Discovery Responses from Intermarketing Media AMENDED OPPOSITION filed by Intermarketing Media, LLC. (DeSouza, Daniel) Modified on 4/1/2021 (matched text to pleading) (KNC). |
Set deadlines as to #363 MOTION for Extension of Time to Complete Discovery . Plaintiffs' Responses due by 4/2/2021 (KNC) |
Filing 365 RESPONSE in Opposition re #358 Time Sensitive MOTION to Compel Sufficient Discovery Responses from Intermarketing Media Plaintiffs' Time-Sensitive Third Short Form Motion to Compel Sufficient Discovery Responses from Intermarketing Media filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 364 ENDORSED ORDER taking under advisement #363 Motion for Extension of Time. Plaintiffs are directed to respond on or before April 2, 2021. Signed by Magistrate Judge Embry J. Kidd on 3/30/2021. (Kidd, Embry) |
Filing 363 MOTION for Extension of Time to Complete Discovery by Intermarketing Media, LLC. (DeSouza, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 362 RESPONSE in Opposition re #333 MOTION for Reconsideration re #322 Order to show cause Plaintiffs' Response in Opposition to Defendant's Motion For Reconsideration of an Award of Attorney's Fees filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 361 RESPONSE in Opposition re #360 MOTION for Protective Order re Wells Fargo Subpoena Plaintiffs' Response in Opposition to Intermarketing Media's Short Form Motion For Protective Order [DOC. 360 ("MPO")] and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 360 MOTION for Protective Order re Wells Fargo Subpoena by Intermarketing Media, LLC. (Attachments: #1 Exhibit A - Subpoena to Wells Fargo)(DeSouza, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 359 ORDER granting in part #274 Plaintiffs' Motion for Enlargement of Time. The Case Management Schedule will be amended as specified in this Order. Signed by Judge Wendy W. Berger on 3/25/2021. (RMF)ctp |
Filing 358 Time Sensitive MOTION to Compel Sufficient Discovery Responses from Intermarketing Media by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/26/2021 (KNC). |
Set/reset scheduling order deadlines: Discovery due by 7/1/2021, Dispositive motions due by 8/3/2021, Pretrial statement due by 12/6/2021, All other motions due by 11/2/2021, Trial Status Conference set for 12/14/2021 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Jury Trial set for trial term commencing 1/4/2022 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (RMF) |
Filing 357 ORDER denying without prejudice #342 Defendants Slattery, Sobel & Decamp, LLP; Del Mar Law Group, LLP; Carlsbad Law Group, LLP; and JL "Sean" Slattery's Motion to Compel. Signed by Magistrate Judge Embry J. Kidd on 3/24/2021. (JLE) |
Filing 355 Minute Entry. Virtual (Zoom) Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 3/23/2021 re #342 Time Sensitive MOTION to Compel Plaintiffs to Produce Corporate Representative to Testify as to Designated Topics 12, 15, 18, and 33 at the Deposition Scheduled for March 24, 2021 and Request for Expedited Ruling filed by Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Carlsbad Law Group, LLP. (Digital) (PML) |
Filing 354 ENDORSED ORDER denying without prejudice #340 Motion to Compel. In light of the #350 representations made by Intermarketing Media, the Court will deny the motion without prejudice. For any unresolved designations, Plaintiffs are directed to identify documents or categories of documents that they seek to utilize, and the parties must then meet and confer regarding any disputed designations. Signed by Magistrate Judge Embry J. Kidd on 3/23/2021. (Kidd, Embry) |
Filing 353 Joint NOTICE in Regard to Pending Discovery Motion by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #342 Time Sensitive MOTION to Compel Plaintiffs to Produce Corporate Representative to Testify as to Designated Topics 12, 15, 18, and 33 at the Deposition Scheduled for March 24, 2021 and Request for Expedited Ruling (Leger, Christian) Modified on 3/24/2021 (KNC). |
Filing 352 RESPONSE in Opposition re #342 Time Sensitive MOTION to Compel Plaintiffs to Produce Corporate Representative to Testify as to Designated Topics 12, 15, 18, and 33 at the Deposition Scheduled for March 24, 2021 and Request for Expedited Ruling filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Leger, Christian) Modified on 3/23/2021 (KNC). |
Filing 351 REPLY re #339 Plaintiff's Response to Defendant's Representations in its Response to Order to Show Cause filed by Pandora Marketing, LLC. (Park, Houston) Modified on 3/23/2021 matched text to pleading) (KNC). |
Filing 350 RESPONSE in Opposition re #340 Time Sensitive MOTION to Compel Removal of Improper Confidentiality and Attorneys' Eyes Only Designations From Intermarketing Media's Document Production filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 349 NOTICE of ZOOM hearing on motion re #342 MOTION to Compel Compel Plaintiffs to Produce Corporate Representative to Testify as to Designated Topics 12, 15, 18, and 33 at the Deposition Scheduled for March 24, 2021 and Request for Expedited Ruling . Motion Hearing set for 3/23/2021 at 2:00 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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 (PML) ctp |
Set deadlines: Pandora Marketing LLC's Reply re #339 Response due by 3/23/2021. (KNC) |
Filing 348 ENDORSED ORDER granting #344 MOTION for Reconsideration. The Court's #338 March 16, 2021, Order should not be construed to overrule Plaintiff's objections to the documents requested by the subpoena. (Kidd, Embry) |
Filing 347 ENDORSED ORDER taking under advisement #342 Motion to Compel. The Court will schedule a hearing on this motion for March 23, 2021, at 2:00 p.m.. Signed by Magistrate Judge Embry J. Kidd on 3/19/2021. (Kidd, Embry) |
Filing 346 ENDORSED ORDER denying without prejudice #337 Motion to Compel. While the Court agrees that the party asserting confidentiality bears the burden of justifying it, the Lawyer Defendants have articulated a reasonable basis for their preliminary designations. Plaintiffs are directed to identify documents or categories of documents that they seek to utilize, and the parties must then meet and confer regarding any disputed designations. Signed by Magistrate Judge Embry J. Kidd on 3/19/2021. (Kidd, Embry) |
Filing 345 ENDORSED ORDER granting #343 Motion for Leave to File a Reply. Pandora Marketing, LLC, may file a reply of 5 or fewer pages on or before March 23, 2021. Signed by Magistrate Judge Embry J. Kidd on 3/19/2021. (Kidd, Embry) |
Filing 344 MOTION for Reconsideration re #338 Order on Motion for Protective OrderOrder on Motion to Compel Plaintiffs' Short Form Motion for Partial Reconsideration of March 16, 2021 Order Compelling Production by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Leger, Christian) |
Filing 343 MOTION for Miscellaneous Relief, specifically for Leave to Reply (Doc 339) by Pandora Marketing, LLC. (Park, Houston) |
Filing 342 Time Sensitive MOTION to Compel Plaintiffs to Produce Corporate Representative to Testify as to Designated Topics 12, 15, 18, and 33 at the Deposition Scheduled for March 24, 2021 and Request for Expedited Ruling by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4 (Composite), #5 Exhibit Attachment 5)(Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/22/2021 (matched text to pleading)(KNC). |
Filing 341 RESPONSE in Opposition re #337 Time-Sensitive Short-Form MOTION to Compel Removal of Improper Confidentiality Designations from Lawyer Defendants Document Production filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1)(Gabrielson, W.) |
Filing 340 Time Sensitive MOTION to Compel Removal of Improper Confidentiality and Attorneys' Eyes Only Designations From Intermarketing Media's Document Production by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/18/2021 (KNC). |
Filing 339 NOTICE Advising Court On Their Position Regarding Defendant, Pandora Marketing, LLC's, Representations in its Response to Order to Show Cause by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #325 Response to order to show cause, #322 Order to show cause (Attachments: #1 Exhibit 1)(Rubin, Glennys) Modified on 3/18/2021 (KNC). |
Filing 338 ORDER denying #323 Plaintiffs' Motion for Protective Order; denying as moot #324 Plaintiffs' Motion to Compel from Defendants Slattery, Sobel & Decamp, LLP, Del Mar Law Group, LLP, Carlsbad Law Group, LLP, and JL 'Sean' Slattery ; granting #326 Plaintiffs' Motion to Compel from Defendant JL 'Sean' Slattery. Defendant Slattery is directed to comply by March 16, 2021. Signed by Magistrate Judge Embry J. Kidd on 3/16/2021. (JLE) |
Filing 337 Time-Sensitive Short-Form MOTION to Compel Removal of Improper Confidentiality Designations from Lawyer Defendants Document Production by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/17/2021 (SPM). |
Filing 335 Minute Entry. Virtual (Zoom) Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 3/16/2021 re #326 Time Sensitive MOTION to Compel Expedited Discovery Response from Defendant JL "Sean" Slattery, By March 16, 2021 Plaintiffs' Time-Sensitive Short Form Motion to Compel Expedited Discovery Response from Defendant, JL "Sean" filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #324 MOTION to Compel SUFFICIENT RESPONSES AND PRODUCTION OF DOCUMENTS FROM ATTORNEY DEFENDANTS RELATIVE TO PLAINTIFFS' FIRST REQUESTS FOR PRODUCTION AND FIRST INTERROGATORIES filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #323 MOTION for Protective Order Plaintiffs' Short Form Motion for Protective Order as to Fourth Corporate Representative Deposition filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc.. (Digital) (PML) |
Filing 334 Joint NOTICE in Regard to Pending Discovery Motions by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #326 Time Sensitive MOTION to Compel Expedited Discovery Response from Defendant JL "Sean" Slattery, By March 16, 2021 Plaintiffs' Time-Sensitive Short Form Motion to Compel Expedited Discovery Response from Defendant, JL "Sean", #324 MOTION to Compel SUFFICIENT RESPONSES AND PRODUCTION OF DOCUMENTS FROM ATTORNEY DEFENDANTS RELATIVE TO PLAINTIFFS' FIRST REQUESTS FOR PRODUCTION AND FIRST INTERROGATORIES , #323 MOTION for Protective Order Plaintiffs' Short Form Motion for Protective Order as to Fourth Corporate Representative Deposition (Leger, Christian) Modified on 3/16/2021 (KNC). |
Filing 333 MOTION for Reconsideration re #322 Order to show cause by Pandora Marketing, LLC. (Park, Houston) |
Filing 332 RESPONSE in Opposition re #323 MOTION for Protective Order Plaintiffs' Short Form Motion for Protective Order as to Fourth Corporate Representative Deposition filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5 (Composite), #6 Exhibit Attachment 6, #7 Exhibit Attachment 7, #8 Exhibit Attachment 8, #9 Exhibit Attachment 9)(Gabrielson, W.) |
Filing 331 RESPONSE in Opposition re #324 MOTION to Compel SUFFICIENT RESPONSES AND PRODUCTION OF DOCUMENTS FROM ATTORNEY DEFENDANTS RELATIVE TO PLAINTIFFS' FIRST REQUESTS FOR PRODUCTION AND FIRST INTERROGATORIES filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3)(Gabrielson, W.) |
Filing 330 RESPONSE to Motion re #323 MOTION for Protective Order Plaintiffs' Short Form Motion for Protective Order as to Fourth Corporate Representative Deposition filed by Pandora Marketing, LLC. (Attachments: #1 Exhibit)(Park, Houston) |
Filing 329 RESPONSE in Opposition re #323 MOTION for Protective Order Plaintiffs' Short Form Motion for Protective Order as to Fourth Corporate Representative Deposition filed by Intermarketing Media, LLC. (Attachments: #1 Exhibit A - Production Emails)(DeSouza, Daniel) |
Filing 328 NOTICE of ZOOM hearing on motion re #323 MOTION for Protective Order Plaintiffs' Short Form Motion for Protective Order as to Fourth Corporate Representative Deposition, #326 Time Sensitive MOTION to Compel Expedited Discovery Response from Defendant JL "Sean" Slattery, By March 16, 2021 Plaintiffs' Time-Sensitive Short Form Motion to Compel Expedited Discovery Response from Defendant, JL "Sean", #324 MOTION to Compel SUFFICIENT RESPONSES AND PRODUCTION OF DOCUMENTS FROM ATTORNEY DEFENDANTS RELATIVE TO PLAINTIFFS' FIRST REQUESTS FOR PRODUCTION AND FIRST INTERROGATORIES . Zoom Motion Hearing set for 3/16/2021 at 10:00 AM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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 (PML) ctp |
Filing 327 ENDORSED ORDER directing Plaintiffs notify the Court of their position on the representations made in #325 Pandora Marketing, LLC's Response to #322 the Order to Show Cause. Plaintiffs have through March 19, 2021 to file their notice. Signed by Magistrate Judge Embry J. Kidd on 3/15/2021. (JLE) |
Filing 326 Time Sensitive MOTION to Compel Expedited Discovery Response from Defendant JL "Sean" Slattery, By March 16, 2021 Plaintiffs' Time-Sensitive Short Form Motion to Compel Expedited Discovery Response from Defendant, JL "Sean" Slattery, by March 16, 2021 by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/15/2021 (added language from pleading) (KNC). |
Filing 325 RESPONSE TO ORDER TO SHOW CAUSE re #322 Order to show cause filed by Pandora Marketing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Park, Houston) |
Filing 324 Time Sensitive MOTION to Compel SUFFICIENT RESPONSES AND PRODUCTION OF DOCUMENTS FROM ATTORNEY DEFENDANTS RELATIVE TO PLAINTIFFS' FIRST REQUESTS FOR PRODUCTION AND FIRST INTERROGATORIES by All Plaintiffs. (Attachments: #1 Exhibit Composite Exhibit A, #2 Exhibit Composite Exhibit B, #3 Exhibit Composite Exhibit C, #4 Exhibit Composite Exhibit D)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/11/2021 (matched text to pleading) (KNC). |
Filing 323 MOTION for Protective Order Plaintiffs' Short Form Motion for Protective Order as to Fourth Corporate Representative Deposition by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Leger, Christian) Motions referred to Magistrate Judge Embry J. Kidd. |
Set deadlines: Pandora Marketing, LLC's Show Cause Response due by 3/12/2021 (KNC) |
Filing 322 ORDER to show cause as to Pandora Marketing, LLC. re #320 Plaintiffs' Motion to Compel and 321 the Court's Order granting Plaintiff's Motion. Pandora Marketing LLC is directed to respond to the Order to Show Cause on or before March 12, 2021. Pandora Marketing is directed to produce documents responsive to Plaintiffs' requests for production immediately. Signed by Magistrate Judge Embry J. Kidd on 3/9/2021. (JLE) |
Filing 321 ENDORSED ORDER granting #320 Plaintiffs' Motion to Compel. An order setting forth deadlines will issue separately. Signed by Magistrate Judge Embry J. Kidd on 3/9/2021. (JLE) |
Filing 320 MOTION to Compel Sufficient Responses and Production of Documents From Defendant Pandora Marketing, LLC Relative to Plaintiffs' Second Request for Production Plaintiffs' Expedited Short Form Motion to Compel Sufficient Responses and Production of Documents From Defendant Pandora Marketing, LLC Relative to Plaintiffs' Second Request for Production by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 319 ENDORSED ORDER denying without prejudice #284 Motion for Sanctions. It appears that the Lawyer Defendants wish to provide the Court with notice of service of motions for Rule 11 sanctions on the Plaintiffs. The Court will take no action on this notice. If the Lawyer Defendants wish for the Court to rule upon a motion for sanctions, they must file such a motion separately from the notice. Signed by Magistrate Judge Embry J. Kidd on 3/2/2021. (Kidd, Embry) |
Filing 318 ENDORSED ORDER denying without prejudice #316 Motion for Protective Order for failure to comply with the #40 Standing Order on Discovery Motions. Signed by Magistrate Judge Embry J. Kidd on 3/2/2021. (Kidd, Embry) |
Filing 317 ENDORSED ORDER granting #300 Motion to Exceed Deposition Limit. After considering the arguments presented by the parties, the Court finds good cause to grant Plaintiff's narrowed request for 14 additional depositions, not to exceed 3.5 hours each. Signed by Magistrate Judge Embry J. Kidd on 3/2/2021. (Kidd, Embry) |
Filing 316 MOTION for Protective Order and Memorandum of Law by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Exhibit 1 - Lawyer Defs' Motion for Protective Order, #2 Exhibit Exhibit 2 - Lawyer Defs' Motion for Protective Order)(Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 315 REPLY to Response to Motion re #300 MOTION for Miscellaneous Relief, specifically To Exceed The Number of Depositions Permitted By This Court's Operative Case Management and Scheduling Order [DE NO. 30] Plaintiffs' Time Sensitive Motion To Exceed The Number of Depositions filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Set deadlines as to #300 MOTION for Miscellaneous Relief, specifically To Exceed The Number of Depositions Permitted By This Court's Operative Case Management and Scheduling Order [DE NO. 30] Plaintiffs' Time Sensitive Motion To Exceed The Number of Depositions. Wyndham's Reply to Defendants' Oppositions due by 3/1/2021. (KNC) |
Filing 314 ENDORSED ORDER granting #312 Motion for Leave to File a Reply. Wyndham may file a reply brief, not to exceed 5 pages, on or before March 1, 2021. Signed by Magistrate Judge Embry J. Kidd on 2/25/2021. (Kidd, Embry) |
Filing 313 NOTICE of Updated Local 3.01(g) Certification in Regard to Plaintiffs' Motion for Leave to File Reply to Defendants' Opposition to Motion for Additional Depositions [DE No. 312] by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #312 MOTION for Leave to File Other Document: Reply to Defendants' Oppositions to Motion For Additional Depositions Plaintiffs' Motion for Leave to File Reply to Defendants' Oppositions to Motion for Additional Depositions (Rubin, Glennys) Modified on 2/24/2021 (KNC). |
Filing 312 MOTION for Leave to File Other Document: Reply to Defendants' Oppositions to Motion For Additional Depositions by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 2/23/2021 (duplicate language removed) (KNC). |
Filing 311 MEMORANDUM in opposition re #300 Motion for Miscellaneous Relief Lawyer Defendants' Memorandum in Opposition to Plaintiffs' Motion to Exceed Number of Permitted Depositions filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gabrielson, W.) Modified on 2/22/2021 (deleted duplicate language) (KNC). |
Filing 310 ORDER granting in part and denying in part as moot #275 Plaintiffs' Motion to Compel ; denying without prejudice #278 Plaintiffs' Motion for Protective Order; denying without prejudice #283 Plaintiffs' Motion for Protective Order. Signed by Magistrate Judge Embry J. Kidd on 2/19/2021. (JLE) |
Filing 309 REQUEST for oral argument re #274 MOTION for Enlargement of Time Attendant to Scheduling Order by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 308 ORDER granting #307 Defendant Internarketing Media, LLC's Unopposed Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 2/19/2021. (JLE) |
Filing 307 Unopposed MOTION for David A. Klein to appear pro hac vice (Amended to Comply with Rule 2.01(c)(4)) by Intermarketing Media, LLC. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Exhibit Admission Certificate)(DeSouza, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 306 ENDORSED ORDER denying without prejudice #304 Attorney Klein's Unopposed Motion to Appear pro hac vice for failure to comply with Local Rule 2.01. Local Rule 2.01(c)(4) directs movants to "list[] each case in state or federal court in Florida in which the lawyer has initially appeared in the last thirty-six months." The Court strongly advises the parties to review the Local Rules (effective February 2, 2021) prior to filing any future motions. Signed by Magistrate Judge Embry J. Kidd on 2/19/2021 (JLE) |
Filing 305 RESPONSE in Opposition re #300 MOTION for Miscellaneous Relief, specifically To Exceed The Number of Depositions Permitted By This Court's Operative Case Management and Scheduling Order [DE NO. 30] Plaintiffs' Time Sensitive Motion To Exceed The Number of Depositions filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Park, Houston) |
Filing 304 Unopposed MOTION for David A. Klein to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17907150 for $150 by Intermarketing Media, LLC. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Exhibit Admission Certificate)(DeSouza, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 303 RESPONSE in Opposition re #300 MOTION for Miscellaneous Relief, specifically To Exceed The Number of Depositions Permitted By This Court's Operative Case Management and Scheduling Order [DE NO. 30] Plaintiffs' Time Sensitive Motion To Exceed The Number of Depositions filed by Intermarketing Media, LLC. (Attachments: #1 Exhibit A - Attorney Defendants' Initial Disclosures, #2 Exhibit B - Plaintiffs' Second Supplemental Initial Disclosures, #3 Exhibit C - Plaintiffs' Amended Second Supplemental Initial Disclosures, #4 Exhibit D - Montgomery Motion)(DeSouza, Daniel) |
Set deadlines as to #300 MOTION for Miscellaneous Relief, specifically To Exceed The Number of Depositions Permitted By This Court's Operative Case Management and Scheduling Order [DE NO. 30] Plaintiffs' Time Sensitive Motion To Exceed The Number of Depositions. Responses due by 2/19/2021 (ARJ) |
Filing 302 ENDORSED ORDER taking under advisement #300 Motion for Additional Depositions. Defendants are directed to respond on or before February 19, 2021. Signed by Magistrate Judge Embry J. Kidd on 2/16/2021. (Kidd, Embry) |
Filing 301 ENDORSED ORDER granting in part and denying in part #297 Motion for Extension of Time to Complete Discovery. Pandora Marketing, LLC, may have until and through February 17, 2021, to respond to the discovery requests. No additional extensions will be granted. Signed by Magistrate Judge Embry J. Kidd on 2/12/2021. (Kidd, Embry) |
Filing 300 MOTION for Miscellaneous Relief, specifically To Exceed The Number of Depositions Permitted By This Court's Operative Case Management and Scheduling Order [DE NO. 30] Plaintiffs' Time Sensitive Motion To Exceed The Number of Depositions Permitted By This Court's Operative Case Management and Scheduling Order [DE NO. 30] by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Filing 299 NOTICE of Plaintiffs' Updated Local Rule 3.01(g) Certification in Regard to Defendant, Pandora Marketing, LLC's Amended Motion For a Second Enlargement of Time to Respond to Plaintiffs' Second Request For Production [DE No. 297] and Plaintiffs' Opposition Thereto [DE No. 298] by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #298 Response in Opposition to Motion (Rubin, Glennys) Modified on 2/12/2021 (KNC). |
Filing 298 RESPONSE in Opposition re #297 Amended MOTION for Extension of Time to Complete Discovery Plaintiffs' Response in Opposition to Defendant, Pandora Marketing, LLC's, Amended Motion For Second Enlargement of Time to Respond to Plaintiffs' Second Request For Production filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 297 Amended MOTION for Extension of Time to Complete Discovery by Pandora Marketing, LLC. (Attachments: #1 Exhibit "A")(Park, Houston) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 296 ENDORSED ORDER denying without prejudice #295 Motion for Extension of Time. Pandora Marketing appears to be relying upon a predicament of its own making as good cause to justify an extension. The Court will grant leave to file another motion for extension of time, but more details as to why predecessor counsel is delaying the discovery process, and why Pandora Marketing cannot resolve the situation, will be required to establish good cause. The Court notes that failure to comply with the discovery deadlines may result in sanctions. Signed by Magistrate Judge Embry J. Kidd on 2/5/2021. (Kidd, Embry) |
Filing 295 Second MOTION for Extension of Time to File Response/Reply to Plaintiffs' Second Request for Production by Pandora Marketing, LLC. (Park, Houston) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 294 NOTICE of Appearance by Andrew Markin Feldman on behalf of Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Feldman, Andrew) |
Filing 293 RESPONSE re #284 Notice (Other) Plaintiffs' Response in Opposition to Lawyer Defendants' Notice of Filing Motions for Sanctions Under Rule 11 and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Filing 291 Minute Entry. Virtual (Zoom) Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 1/27/2021 re #283 Second MOTION for Protective Order , PURSUANT TO RULE 26(c), AS TO 30(b)(6) DEPOSITION NOTICED BY DEFENDANTS SLATTERY, SOBEL & DECAMP, LLP AND JL 'SEAN' SLATTERY filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #278 MOTION for Protective Order filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #275 MOTION to Compel Slattery Defendants' Production of Documents filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc. (Zoom digital) (PML) |
Filing 290 NOTICE TO COUNSEL AND PARTIES: The Local Rules of the Middle District of Florida have been amended effective February 1, 2021, and will apply, as amended and in accordance with the January 13, 2021 Standing Order, to this case for all filings made on or after February 1, 2021. Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the striking of non-compliant filings, dismissal of this action, or entry of default without further notice. Signed by Judge Wendy W. Berger on 1/27/2021.(RMF)ctp |
Filing 289 Joint NOTICE in Regard to Pending Discovery Motions by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A)(Rubin, Glennys) Modified on 1/27/2021 (matched text to pleading) (KNC). |
Filing 288 NOTICE of Zoom hearing on motion re #278 MOTION for Protective Order , #275 MOTION to Compel Slattery Defendants' Production of Documents , #283 Second MOTION for Protective Order , PURSUANT TO RULE 26(c), AS TO 30(b)(6) DEPOSITION NOTICED BY DEFENDANTS SLATTERY, SOBEL & DECAMP, LLP AND JL 'SEAN' SLATTERY. Motion Hearing set for 1/27/2021 at 3:00 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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.(PML) ctp |
Filing 287 ENDORSED ORDER granting #286 Motion for Extension of Time. Pandora Marketing, LLC, may have until and through February 1, 2021, to respond to the discovery requests. Moreover, the Court notes that the Case Management and Scheduling Order ("CMSO") permits the parties, without Court intervention, to stipulate to extensions of time regarding responses to discovery requests, as long as the stipulation does not otherwise conflict with the deadlines imposed by the CMSO. Signed by Magistrate Judge Embry J. Kidd on 1/25/2021. (Kidd, Embry) |
Filing 286 Unopposed Expedited MOTION for Extension of Time to Respond to Plaintiffs' Second Request for Production and Admissions by Pandora Marketing, LLC. (Park, Houston) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 1/25/2021 (TNP). Modified on 1/26/2021 (MEJ). |
Filing 285 RESPONSE to Motion re #283 Second MOTION for Protective Order , PURSUANT TO RULE 26(c), AS TO 30(b)(6) DEPOSITION NOTICED BY DEFENDANTS SLATTERY, SOBEL & DECAMP, LLP AND JL 'SEAN' SLATTERY filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit)(Gabrielson, W.) |
Filing 284 MOTION for Sanctions Under Rule 11, F.R.CivP. Against Each of the Plaintiffs by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP (Attachments: #1 Exhibit)(Gabrielson, W.) Modified on 2/3/2021 (KNC). |
Filing 283 Second MOTION for Protective Order , PURSUANT TO RULE 26(c), AS TO 30(b)(6) DEPOSITION NOTICED BY DEFENDANTS SLATTERY, SOBEL & DECAMP, LLP AND JL 'SEAN' SLATTERY by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 1/19/2021 (removed duplicate language) (KNC). |
Filing 282 RESPONSE to Motion re #278 MOTION for Protective Order filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 281 RESPONSE to Motion re #278 MOTION for Protective Order filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Gabrielson, W.) |
Filing 280 RESPONSE to Motion re #275 MOTION to Compel Slattery Defendants' Production of Documents filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4)(Gabrielson, W.) |
Filing 279 NOTICE of Filing Updated Local Rule 3.01(g) Certification Re: Short Form Motion To Compel Slattery Defendants' Production of Documents by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #275 MOTION to Compel Slattery Defendants' Production of Documents (Rubin, Glennys) Modified on 1/11/2021 (to match pleading text) (KNC). |
Filing 278 MOTION for Protective Order by All Plaintiffs. (Attachments: #1 Exhibit A)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 277 RESPONSE in Opposition re #274 MOTION for Enlargement of Time Attendant to Scheduling Order filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2)(Gabrielson, W.) |
Filing 276 MEMORANDUM in opposition re #274 Motion for Miscellaneous Relief filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 275 MOTION to Compel Slattery Defendants' Production of Documents by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 274 MOTION for Enlargement of Time Attendant to Scheduling Order by All Plaintiffs. (Rubin, Glennys) Modified on 12/28/2020 (text modified to match pleading heading) (KNC). |
Filing 273 ENDORSED ORDER denying #272 Motion for Reconsideration, for the reasons previously stated in the Court's Orders at Docs. 255 and 268. Yuge does not argue that there has been a change in law or that new evidence has come to light. Yuge states that the Court has committed clear error, but provides no legal support for its argument. Instead, Yuge puts a different spin on its argument as to why the Standing Order should not apply to it, and that version of the argument could have been presented in its original #263 Motion. Regardless, the Court does not accept Yuge's semantics argument and notes that Yuge properly complied with Local Rule 3.01(g) despite that Rule's applicability only to the "moving party," not the "moving non-party." Signed by Magistrate Judge Embry J. Kidd on 12/22/2020. (Kidd, Embry) |
Filing 272 MOTION for Reconsideration re #255 Order on Motion to Compel by Yuge Internet Marketing, LLC. (Attachments: #1 Exhibit 1 - Bluegreen Complaint)(Waugh, Christian) |
Filing 271 ENDORSED ORDER denying as moot #258 Plaintiffs' Motion for Clerk's Default Against Intermarketing Media, LLC in light of #269 Notice of Appearance by Daniel DeSouza on behalf of Intermarketing Media, LLC. Signed by Magistrate Judge Embry J. Kidd on 12/16/2020. (JLE) |
Filing 270 MEMORANDUM in opposition re #258 Motion for Clerk's Default filed by Intermarketing Media, LLC. (DeSouza, Daniel) |
Filing 269 NOTICE of Appearance by Daniel DeSouza on behalf of Intermarketing Media, LLC (DeSouza, Daniel) |
Filing 268 ENDORSED ORDER denying #263 Motion for Relief under Rule 6. Non-party Yuge Internet Marketing, LLC, has failed to set forth excusable neglect and establish good cause for an extension. Yuge waited over one month to attempt to respond to the #243 Second Motion to Compel, well beyond any deadline that could be considered reasonable, even by an attorney not admitted in this District. Moreover, Yuge's 262 Response to Plaintiffs' Second Motion to Compel is hereby STRICKEN because it was filed in violation of Local Rule 3.01(c). The Clerk is DIRECTED to remove 262 from the docket. Plaintiffs' #266 Motion to File a Reply Brief is denied as moot in light of this Order. Yuge is directed to comply with the Court's Order granting Plaintiff's Second Motion to Compel, #255, on or before December 21, 2020. Signed by Magistrate Judge Embry J. Kidd on 12/14/2020. (Kidd, Embry) Modified on 12/14/2020 (JLE). Modified on 12/15/2020 (NEF Regenerated to include new attorney for Intermarketing Media) (KNC). |
Filing 267 RESPONSE in Opposition re #263 MOTION for Relief Under Rule 6 to Deem Response Timely filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 266 Consent MOTION for Leave to File Other Document :Reply to Non-Party Yuge's Late-Filed Proposed Opposition to Wyndham's Second Short Form Motion to Compel by All Plaintiffs. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 265 NOTICE of supplemental authority re #211 Response in Opposition to Motion, #212 Response in Opposition to Motion, #213 Response in Opposition to Motion by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Set deadlines as to #263 MOTION for Relief Under Rule 6 to Deem Response Timely . Plaintiffs' Responses due by 12/15/2020 (KNC) |
Filing 264 ORDER taking under advisement #263 Non-party Yuge Internet Marketing, LLC's Motion to Accept Its Response Out of Time. Plaintiffs are directed to the respond to the Motion on or before December 15, 2020. Signed by Magistrate Judge Embry J. Kidd on 12/8/2020. (JLE) |
Filing 263 MOTION for Relief Under Rule 6 to Deem Response Timely by Yuge Internet Marketing, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Waugh, Christian) Modified on 12/8/2020 (KNC). |
Filing 262 **STRICKEN AND REMOVED PER ORDER AT 268** RESPONSE in Opposition re #243 MOTION to Compel NonParty Yuge Internet Marketing, LLC to Respond to Subpoena filed by Yuge Internet Marketing, LLC. (Attachments: # 1 Exhibit A - Supplemental Response, # 2 Exhibit B - Cali Counsel Letter)(Waugh, Christian) Modified on 12/15/2020 (KNC). |
Filing 261 NOTICE of Appearance by Christian W. Waugh on behalf of Yuge Internet Marketing, LLC (Waugh, Christian) |
Filing 260 ENDORSED ORDER granting #259 Motion for Extension of Time. Plaintiffs may have until 14 days after appearance of counsel on behalf of Intermarketing Media, LLC, in which to serve their supplemental discovery response. Signed by Magistrate Judge Embry J. Kidd on 12/7/2020. (Kidd, Embry) |
Filing 259 Unopposed MOTION for Extension of Time to Complete Discovery by All Plaintiffs. (Attachments: #1 Appendix A)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 258 MOTION for Clerk's Default against Intermarketing Media, LLC by All Plaintiffs. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 257 NOTICE of Appearance by Mark Costello on behalf of Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Costello, Mark) |
Filing 256 NOTICE of compliance re #255 Order on Motion to Compel by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rubin, Glennys) |
Filing 255 ORDER granting #243 Plaintiffs' Motion to Compel. No later than seven days after service of this Order, Yuge Marketing, LLC is ORDERED to produce documents in a format that complies with Rule 45. Signed by Magistrate Judge Embry J. Kidd on 11/30/2020. (JLE) |
Filing 254 NOTICE by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #243 MOTION to Compel NonParty Yuge Internet Marketing, LLC to Respond to Subpoena Updated Local Rule 3.01(g) Certification (Rubin, Glennys) Modified on 11/30/2020 (KNC). |
Filing 253 ORDER granting #248 Attorneys Andrew Stolper, Jonathan Parrott, and Isaac Marcushamer's Unopposed Motion to Withdraw as Counsel for Defendant Intermarketing Media, LLC. Attorneys Andrew Stolper, Jonathan Parrott, and Isaac Marcushamer are TERMINATED from their representation of Intermarketing Media, LLC. The Clerk is DIRECTED to remove these attorneys from the CM/ECF service list. Signed by Magistrate Judge Embry J. Kidd on 11/25/2020. (JLE) |
Filing 252 AMENDED ANSWER to #36 Amended Complaint , Affirmative Defenses and Request for Attorney Fees by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) |
Filing 251 NOTICE by Intermarketing Media, LLC re 249 Order on Motion to Withdraw as Attorney of Providing Contact Information for Defendant (Marcushamer, Isaac) |
Filing 250 NOTICE of Appearance by Manuel Jose Centurion on behalf of Kenneth Eddy (Centurion, Manuel) |
Filing 249 ENDORSED ORDER taking under advisement #248 Attorneys Marchushamer, Stolper, and Parrott's Unopposed Motion to Withdraw as Counsel for Defendant Intermarketing Media, LLC. The Attorneys are directed to provide the Court with Intermarketing Media, LLC's contact information, including the address, telephone number, and if applicable, point of contact. Signed by Magistrate Judge Embry J. Kidd on 11/17/2020. (JLE) |
Filing 248 MOTION to Withdraw as Counsel by Intermarketing Media, LLC. (Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 11/13/2020 (RDO). |
Filing 247 NOTICE of Appearance by Houston S. Park, III on behalf of Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Park, Houston) |
Filing 246 NOTICE of Appearance by Robert Michael Klein on behalf of Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Klein, Robert) |
Set deadlines: for JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. Amended Answer due on or before November 30, 2020. (KNC) |
Filing 245 ENDORSED ORDER denying as moot #237 Motion for Extension of Time in light of the #242 Joint Stipulation. Signed by Magistrate Judge Embry J. Kidd on 11/6/2020. (Kidd, Embry) |
Filing 244 ORDER granting in part and denying in part #55 Plaintiffs' Motion to Strike Defendants Slattery, Sobel & Decamp, LLP; Del Mar Law Group, LLP; Carlsbad Law Group, LLP; and JL "Sean" Slattery's Affirmative Defenses. The Fourth, Fifth, Seventh, Ninth, and Tenth Affirmative Defenses are stricken. On or before November 30, 2020, the Slattery Defendants may file an amended Answer that corrects the pleading deficiencies outlined in this Order. Signed by Magistrate Judge Embry J. Kidd on 11/6/2020. (JLE) |
Filing 243 Second MOTION to Compel NonParty Yuge Internet Marketing, LLC to Respond to Subpoena by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 11/5/2020 (KNC). |
Filing 242 STIPULATION re #210 Order on Motion for Sanctions, #237 MOTION for Extension of Time to File a Motion for Attorneys' Fees and Costs RE: Order Denying Plaintiffs' Motion for Sanctions Joint Stipulation Regarding Resolution of This Court's October 2, 2020 Order [DE 210]; No Further Action is Needed Or Warranted in Connection Therewith; and Notice by Defendant Intermarketing of its Withdrawal of its Extension Motion [DE 237] by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 241 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: Amie First. (ARF) |
Filing 240 TRANSCRIPT of Motion Hearing held on October 19, 2020, before Judge Embry J. Kidd. Court Reporter/Transcriber Amie R. First, RDR, CRR, CRC, CPE, AmieFirst.CourtReporter@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 11/24/2020, Redacted Transcript Deadline set for 12/4/2020, Release of Transcript Restriction set for 2/1/2021. (ARF) |
Set deadlines as to #237 MOTION for Extension of Time to File a Motion for Attorneys' Fees and Costs RE: Order Denying Plaintiffs' Motion for Sanctions . Plaintiffs' Responses due by 11/4/2020 (KNC) |
Filing 239 ENDORSED ORDER taking under advisement #237 Motion for Extension of Time. Plaintiffs are directed to respond on or before November 4, 2020. Signed by Magistrate Judge Embry J. Kidd on 11/2/2020. (Kidd, Embry) |
Filing 238 ENDORSED ORDER denying #236 Motion for Leave to File a Sur-Reply. The Court will consider the matter on the current briefing. Signed by Magistrate Judge Embry J. Kidd on 11/2/2020. (Kidd, Embry) |
Filing 237 MOTION for Extension of Time to File a Motion for Attorneys' Fees and Costs RE: Order Denying Plaintiffs' Motion for Sanctions by Intermarketing Media, LLC. (Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 236 MOTION for Leave to File Sur-Reply in Support of Its Opposition to Defendant Intermarketing's Motion to Dismiss by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 10/28/2020 (SPM). |
Filing 235 REPLY Brief in Support re #64 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Amended Complaint filed by Intermarketing Media, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Marcushamer, Isaac) Modified on 10/23/2020 (KNC). |
Filing 234 NOTICE of Appearance by Kyle T. Berglin on behalf of Kenneth Eddy (Berglin, Kyle) |
Filing 233 ORDER granting in part and denying in part #208 Defendant Intermarketing Media, LLC's Motion to Compel. Signed by Magistrate Judge Embry J. Kidd on 10/21/2020. (JLE) |
Filing 231 Minute Entry. Zoom Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 10/19/2020 re #208 MOTION to Compel Plaintiff's to Provide Sufficient Responses to First Set of Interrogatories and Request for Production of Documents filed by Intermarketing Media, LLC. (Zoom digital) (PML) |
Filing 230 DEFENDANT'S BRIEF re #209 Order on Motion to Seal Documents Filed with Plaintiffs' Responses to Motion to Dismiss filed by Intermarketing Media, LLC. (Marcushamer, Isaac) |
Filing 229 Joint NOTICE Regarding Motion to Compel by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #218 Response in Opposition to Motion, #208 MOTION to Compel Plaintiff's to Provide Sufficient Responses to First Set of Interrogatories and Request for Production of Documents (Leger, Christian) Modified on 10/19/2020 (KNC). |
Filing 228 NOTICE of Appearance by Christian Leger on behalf of SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Leger, Christian) |
Set deadlines: Intermarketing Media, LLC's Reply Brief due by 10/22/2020. (KNC) |
Filing 227 ENDORSED ORDER granting #224 Motion for Leave to File a Reply Brief. Defendant Intermarketing Media, LLC, may file a reply brief, not to exceed 5 pages, on or by October 22, 2020. Signed by Magistrate Judge Embry J. Kidd on 10/15/2020. (Kidd, Embry) |
Filing 226 RESPONSE in Opposition re #224 MOTION for Leave to File Other Document :Reply Brief in Support of Motion to Dismiss filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 225 NOTICE of ZOOM hearing on motion re #208 MOTION to Compel Plaintiff's to Provide Sufficient Responses to First Set of Interrogatories and Request for Production of Documents. Motion Hearing set for 10/19/2020 at 3:00 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. 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.(PML) ctp |
Filing 224 MOTION for Leave to File Other Document :Reply Brief in Support of Motion to Dismiss by Intermarketing Media, LLC. (Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 223 ORDER granting #193 Attorneys Vine and Smith's Motion to Withdraw as Counsel for Defendants Eddy, Folk, Wilson, Pandora Marketing, LLC, and Pandora Servicing, LLC. Attorneys Vine and Smith are terminated. The Clerk is directed to remove Mr. Vine and Ms. Smith from the CM/ECF service list; denying as moot #217 Motion for Clarification in light of the ruling on the Motion to Withdraw. Signed by Magistrate Judge Embry J. Kidd on 10/7/2020. (JLE) |
Filing 222 NOTICE of compliance re 221 Order Amended Notice of Compliance and Providing Defendants' Contact Information to the Court by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Smith, Sheena) |
Filing 221 ENDORSED ORDER re: #220 Notice Providing Pandora Defendants' Contact Information. In the Notice, Attorneys Vine and Smith indicate that the full address for Defendants Pandora Marketing, LLC, Pandora Servicing, LLC, Rich Folk, and William Wilson is "26970 Aliso Viejo, California 92656." The address appears to be incomplete. Thus, Attorneys Vine and Smith are ORDERED to file a notice either correcting the address or informing the Court that the address is accurate as listed. Signed by Magistrate Judge Embry J. Kidd on 10/7/2020. (JLE) |
Filing 220 NOTICE of Compliance and Providing Defendants' Contact Information to Court by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re 219 Order on Motion to Withdraw as Attorney (Smith, Sheena) Modified on 10/7/2020 (KNC). |
Filing 219 ENDORSED ORDER taking under advisement #193 Attorneys Jonathan Vine and Sheena Smith's Motion to Withdraw as Counsel. On or before October 13, 2020, Attorneys Vine and Smith are DIRECTED to provide the Court with the contact information (address, telephone number, and e-mail address) of Defendants Rich Folk, Kenneth Eddy, William Wilson, Pandora Marketing, LLC, and Pandora Servicing, LLC. Signed by Magistrate Judge Embry J. Kidd on 10/6/2020. (JLE) |
Filing 218 RESPONSE in Opposition re #208 MOTION to Compel Plaintiff's to Provide Sufficient Responses to First Set of Interrogatories and Request for Production of Documents filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rubin, Glennys) |
Filing 217 Unopposed MOTION for Clarification re 204 Order on Motion to Withdraw as Attorney, #193 Unopposed MOTION for Jonathan Vine and Sheena Smith to Withdraw as Attorney by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Sealed Document. S-214 (KNC) |
Sealed Document. S-215. (KNC) |
Sealed Document. S-216. (KNC) |
Filing 213 RESPONSE in Opposition re #202 MOTION to Dismiss Amended Complaint Plaintiffs' Response in Opposition to Defendant Intermarketing Media, LLC's (D/B/A Resort Advisory Group) Amended Motion to Dismiss (DE 202) Plaintiffs' Amended Complaint and Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II, #37 Exhibit JJ, #38 Exhibit KK, #39 Exhibit LL, #40 Exhibit MM, #41 Exhibit NN, #42 Exhibit OO, #43 Exhibit PP, #44 Exhibit QQ, #45 Exhibit RR, #46 Exhibit SS)(Gonzalez, Jason) |
Filing 212 RESPONSE in Opposition re #200 MOTION to Dismiss Amended Complaint Plaintiffs' Response in Opposition to Pandora Defendants' (D/B/A Timeshare Compliance) Corrected Motion to Dismiss (DE 200) Plaintiffs' Amended Complaint and Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II, #37 Exhibit JJ)(Gonzalez, Jason) |
Filing 211 RESPONSE in Opposition re #201 MOTION to Dismiss Amended Complaint Plaintiffs' Response in Opposition to Individual Defendants Rich Folk, William Wilson, and Kenneth Eddy's Corrected Motion to Dismiss (DE 201) Plaintiffs' Amended Complaint and Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II, #37 Exhibit JJ)(Gonzalez, Jason) |
Filing 210 ORDER GRANTING #151 Motion for Protective Order, STRIKING 132 Motion for Sanctions, STRIKING 142 Motion for Expedited, In Camera Review, and IMPOSING SANCTIONS on Plaintiffs. The Clerk is DIRECTED to seal Docs. 132 and 142 . See the attached Order for further details. Signed by Magistrate Judge Embry J. Kidd on 10/2/2020. (Kidd, Embry) Modified on 10/6/2020 (JLE). |
Filing 209 ORDER granting #205 Plaintiffs' Motion to Seal. Defendants are directed to file supplemental briefing, consistent with this Order. Signed by Magistrate Judge Embry J. Kidd on 10/1/2020. (JLE) |
Filing 208 MOTION to Compel Plaintiff's to Provide Sufficient Responses to First Set of Interrogatories and Request for Production of Documents by Intermarketing Media, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 10/1/2020 (TNP). |
Filing 207 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) |
Filing 206 TRANSCRIPT of Motions Hearing held on 9/17/20 before Judge Embry J. Kidd. Court Reporter/Transcriber Suzanne L. 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 10/20/2020, Redacted Transcript Deadline set for 10/30/2020, Release of Transcript Restriction set for 12/28/2020. (SLT) |
Filing 205 Plaintiffs' Time-Sensitive Partial Consent & Partially Unopposed MOTION to Seal Their Oppositions to the Marketing Defendants' Motions to Dismiss and Related Exhibits and Memorandum of Law in Support by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/30/2020 (KNC). |
Filing 204 ENDORSED ORDER granting #196 Attorneys Jonathan Vine and Sheena D. Smith's Motion to Withdraw as Attorney for Intermarketing Media, LLC. Mr. Vine and Ms. Smith are TERMINATED as to Intermarketing Media, LLC. The Clerk is directed to remove Mr. Vine and Ms. Smith from Intermarketing Media, LLC's CM/ECF service list. Signed by Magistrate Judge Embry J. Kidd on 9/25/2020. (JLE) |
Filing 203 NOTICE of Filing Declarations in Support of Pandora Marketing, LLC, Pandora Servicing, LLC, Rich Folk, William Wilson, and Kenneth Eddy's Motions to Dismiss by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #201 MOTION to Dismiss Amended Complaint, #200 MOTION to Dismiss Amended Complaint (Attachments: #1 Exhibit Amended Declaration o Rich Folk, #2 Exhibit Amended Declaration of William "Bo" Wilson, #3 Exhibit Declaration of Kenneth Eddy)(Smith, Sheena) Modified on 9/25/2020 (KNC). |
Filing 202 MOTION to Dismiss #36 Amended Complaint by Intermarketing Media, LLC. (KNC) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 201 Corrected MOTION to Dismiss #36 Amended Complaint by Kenneth Eddy, Rich Folk, William Wilson. (KNC) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 200 Corrected MOTION to Dismiss #36 Amended Complaint by Pandora Marketing, LLC, Pandora Servicing, LLC. (KNC) Motions referred to Magistrate Judge Embry J. Kidd. |
Set deadlines as to #201 MOTION to Dismiss Amended Complaint, #200 MOTION to Dismiss Amended Complaint, #202 MOTION to Dismiss Amended Complaint. Plaintiffs' Responses due by 10/2/2020 (KNC) |
Filing 199 ORDER: Based on Plaintiffs' Notice of Withdrawal #194, the Clerk of Court is directed to withdraw Plaintiffs' Time-Sensitive Motion to Strike and Motion for Additional Sanctions #155. Defendants' Motion for Leave to File Corrected Motions to Dismiss #150 is GRANTED. Defendant Intermarketing's Motion for Leave to File a Corrected Motion to Dismiss #156 is GRANTED in part to allow the corrected Motion to Dismiss [156-1] to be filed. Because of the hearing with Judge Kidd, (Doc. 190), the rest of the Motion is DENIED as moot. The Clerk is directed to docket Defendants Pandora Marketing, LLC's and Pandora Servicing, LLC's Corrected Motion to Dismiss (Doc. 150-2), Defendants Kenneth Eddy's, Rich Folk's, and William Wilson's Corrected Motion to Dismiss (Doc. 150-3), and Intermarketing's Motion to Dismiss (Doc. 156-1) as separate docket entries. Defendants Pandora Marketing, LLC's and Pandora Servicing, LLC's Motion to Dismiss and Strike #62, Intermarketing's Motion to Dismiss #64, and Defendants Kenneth Eddy's, Rich Folk's, and Bo Wilson's Motion to Dismiss #130 are DENIED as moot. Plaintiffs shall respond to the Motions to Dismiss on or before October 2, 2020. No further extensions will be granted. Failure to comply with any Local Rules or Court Orders may lead to sanctions including, but not limited to, dismissal without further notice. Signed by Judge Wendy W. Berger on 9/23/2020. (RMF)ctp |
Filing 198 ORDER granting #118 Plaintiffs' Second Motion to Compel as to Defendant Intermarketing Media, LLC; denying without prejudice #123 Defendant Intermarketing Media, LLC's Motion to Compel; granting #127 Plaintiffs' Motion to Compel Compliance with the Court's July 2, 2020 Order; granting in part and denying in part #145 Plaintiffs' Motion to Compel Removal of Confidentiality Designation; denying without prejudice #148 Plaintiffs' Motion to Compel Non-Party Yuge Internet Marketing, LLC. Signed by Magistrate Judge Embry J. Kidd on 9/22/2020. (JLE) |
Filing 197 NOTICE of Filing Proposals for Settlement Served by Lawyer Defendants Pursuant to Section 768.79, Florida Statutes by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP (Attachments: #1 Exhibit Composite Exhibit A)(Gabrielson, W.) Modified on 9/22/2020 (KNC). |
Filing 196 Unopposed MOTION for Jonathan Vine and Sheena Smith to Withdraw as Attorney by Intermarketing Media, LLC. (Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 195 NOTICE of Appearance by Jason Brent Gonzalez on behalf of Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Gonzalez, Jason) Modified on 9/22/2020 (KNC). |
Filing 194 NOTICE of Withdrawal of Time-Sensitive Motion to Strike the Pandora Defendants' Non-Compliant Motions to Dismiss and Motion for Additional Sanctions (Doc. 155) by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #155 Time-Sensitive MOTION to Strike the Pandora Defendants' Non-Compliant Motions to Dismiss and Motion for Additional Sanctions Against The Pandora Defendants and Their Counsel For Manipulation of the Page Limits filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Modified on 9/21/2020 (KNC). |
Filing 193 Unopposed MOTION for Jonathan Vine and Sheena Smith to Withdraw as Attorney by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 192 NOTICE of Filing Second Updated Certificate of Conferral by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #150 MOTION to Correct #130 Amended MOTION to Dismiss First Amended Complaint D.E. 36, #62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint , #157 Notice (Other) (Smith, Sheena) Modified on 9/21/2020 (KNC). |
Filing 190 Minute Entry. ZOOM Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 9/17/2020 re #127 MOTION to Compel Pandora Marketing, LLC and Pandora Servicing, LLC to Comply with this Court's July 2, 2020 Order Plaintiffs' ("Wyndham") Short-Form Motion To Compel Pandora Marketing, LLC and Pandora Servicing, LLC To Comply filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #123 MOTION to Compel Supplemental Disclosures and Documents from Plaintiffs filed by Intermarketing Media, LLC, #148 First MOTION to Compel Subpoena Response by Non-Party Yuge Marketing, LLC filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #118 Second MOTION to Compel Sufficient Discovery Responses by Defendant Intermarketing Media, LLC Plaintiffs' Second Short Form Motion to Compel filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #151 MOTION for Protective Order Pandora Defendants' Motion for Protective Order Seeking to Designate Inadvertently Disclosed emails as Privileged filed by Pandora Servicing, LLC, Rich Folk, Pandora Marketing, LLC, Kenneth Eddy, William Wilson, #145 Expedited MOTION to Compel Removal of Confidentiality Designations made by Defendant Pandora Marketing, or in the Alternative, Consent Motion to Seal and Memorandum of Law filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., 132 MOTION for Sanctions and Incorporated Memorandum of Law filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc.. (Zoom digital) (PML) (PML). |
Filing 189 RESPONSE TO ORDER TO SHOW CAUSE re 186 Order to show cause filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bennington, Alfred) |
Filing 187 NOTICE of ZOOM hearing on motion re #145 Expedited MOTION to Compel Removal of Confidentiality Designations made by Defendant Pandora Marketing, or in the Alternative, Consent Motion to Seal and Memorandum of Law and Show Cause hearing re 186. Motion Hearing set for 9/17/2020 at 1:00 PM before Magistrate Judge Embry J. Kidd; See Notice of Hearing re 141. (PML) ctp |
Filing 186 ENDORSED ORDER to show cause as to why Plaintiffs should not be sanctioned for violating Fed. R. Civ. Pro. 26(b)(5)(B) and the parties' confidentiality agreement, and why, for the same reasons, their 132 Motion for Sanctions should not be stricken. Plaintiffs may respond in writing by 12:00 p.m.; otherwise, the Court will address the matter at the hearing scheduled for 1:00 p.m. Signed by Magistrate Judge Embry J. Kidd on 9/17/2020. (Kidd, Embry) |
Filing 185 ENDORSED ORDER to strike #129 Response in Opposition. The Response violates the word limit in the #40 Standing Order. The Motion will be considered as unopposed. Signed by Magistrate Judge Embry J. Kidd on 9/17/2020. (Kidd, Embry) |
Filing 184 ENDORSED ORDER granting #182 Motion to Strike, denying leave to file a reply. Doc. #172 is stricken for being filed out of time. Signed by Magistrate Judge Embry J. Kidd on 9/17/2020. (Kidd, Embry) |
Sealed Document. S-188. (KNC) |
Filing 183 NOTICE Regarding Pending Motions by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re 137 Notice of hearing on motion (Smith, Sheena) Modified on 9/17/2020 (KNC). |
Filing 182 MOTION to Strike #172 Notice (Other) , MOTION for Miscellaneous Relief, specifically Motion to Strike or Alternatively, for leave to file a reply by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 181 RESPONSE in Opposition re #155 Time-Sensitive MOTION to Strike the Pandora Defendants' Non-Compliant Motions to Dismiss and Motion for Additional Sanctions Against The Pandora Defendants and Their Counsel For Manipulation of the Page Limits filed by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit Affidavit of Sheena D. Smith, #2 Exhibit Correspondence)(Smith, Sheena) |
Filing 180 NOTICE of Filing Non-Confidential Exhibits in Support of Sanctions Motion by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re 132 MOTION for Sanctions and Incorporated Memorandum of Law (Attachments: #1 Exhibit Ex. J, #2 Exhibit Non-privileged Crader Emails)(Bennington, Alfred) Modified on 9/17/2020 (KNC). |
Filing 179 NOTICE re Short Form Motion to Compel Supplemental Disclosures and Documents by Intermarketing Media, LLC. (Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/17/2020 (KNC). |
Filing 178 NOTICE of Filing Corrected Declaration by Intermarketing Media, LLC re #172 Notice (Other), #175 Notice (Other) (Attachments: #1 Affidavit Declaration of Andrew D. Stolper)(Marcushamer, Isaac) Modified on 9/17/2020 (KNC). |
Filing 177 Upon in-camera inspection of the disputed privileged documents, the Court finds that the attorney-client privilege was properly asserted. Therefore, #151 the Motion for a Protective Order is GRANTED. An order providing more details will be issued at a later date. Signed by Magistrate Judge Embry J. Kidd on 9/16/2020. (JLE) |
Filing 176 NOTICE Regarding Motions Pursuant to Court Order (Doc. 137) by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re 137 Notice of hearing on motion (Bennington, Alfred) Modified on 9/17/2020 (KNC). |
Filing 175 NOTICE of Filing the Declaration of Andrew D. Stolper by Intermarketing Media, LLC re #172 Notice (Other) (Attachments: #1 Affidavit Declaration of Andrew D. Stolper)(Marcushamer, Isaac) Modified on 9/17/2020 (KNC). |
Filing 172 **STRICKEN PER ORDER AT 184** NOTICE of Filing the Declarations of: Tim Clark, Attorney Albert G. Lin, Esq. and Attorney Michael J. Quinn, Esq. by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re 132 MOTION for Sanctions and Incorporated Memorandum of Law (Attachments: #1 Exhibit 1, #2 Exhibit 2A, #3 Exhibit 2B, #4 Exhibit 2C, #5 Exhibit 2D, #6 Exhibit 3)(Bennington, Alfred) Modified on 9/17/2020 (KNC). Modified on 9/18/2020 (KNC). |
Filing 171 ENDORSED ORDER taking under advisement #151 Motion for Protective Order. Defendants are directed to submit copies of the disputed communications to chambers_flmd_kidd@flmd.uscourts.gov by 5:00 p.m. today. Signed by Magistrate Judge Embry J. Kidd on 9/16/2020. (Kidd, Embry) |
Filing 170 RESPONSE in Opposition re 132 MOTION for Sanctions and Incorporated Memorandum of Law filed by Intermarketing Media, LLC. (Attachments: #1 Affidavit Declaration of Jonathan Parrott, #2 Affidavit Declaration of Andrew D. Stolper, #3 Affidavit Declaration of Isaac Marcushamer, #4 Affidavit Declaration of Catherine Tan, #5 Affidavit Declaration of Donald Pearson)(Marcushamer, Isaac) |
Filing 169 ORDER granting #163 Defendants Pandora Marketing LLC, Pandora Serving, LLC, Rich Folk, William Wilson, and Kenneth Eddy's Motion to Filed Under Seal. Signed by Magistrate Judge Embry J. Kidd on 9/16/2020. (JLE) |
Filing 168 RESPONSE in Opposition re #151 MOTION for Protective Order Pandora Defendants' Motion for Protective Order Seeking to Designate Inadvertently Disclosed emails as Privileged Plaintiffs' Short-Form Response in Opposition to the Pandora Defendants' Motion for Protective Order Seeking to Designate Inadvertently Disclosed Emails as Privileged (Doc.151 ("MPO")) filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred) |
Filing 167 RESPONSE in Opposition re #150 MOTION to Correct #130 Amended MOTION to Dismiss First Amended Complaint D.E. 36, #62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint Plaintiffs' Response in Opposition to Defendants' Motion For Leave to File Corrected Motions to Dismiss And Time-Sensitive Request for Dispositon filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bennington, Alfred) |
Sealed Document. S-174. (KNC) |
Sealed Document. S-173. (KNC) |
Filing 166 NOTICE of Filing Exhibits in Support by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #165 Response in Opposition to Motion to Plaintiffs' Motion for Sanctions (ECF No. 132) (Attachments: #1 Exhibit Pandora Marketing, LLC's Response to Request for Admissions, #2 Exhibit Declaration of Manuel Delgado, #3 Exhibit Emails with Dave Crader, #4 Exhibit Advertising Costs -Pandora 270889, #5 Exhibit Yuge Marketing, LLC IRS 1099 - Pandora 288408, #6 Exhibit Pandora Defendants' Rule 26 Disclosures, #7 Exhibit Declaration of Don Pearson, #8 Exhibit Employee List - Pandora 272850, #9 Exhibit Advertising Costs - Pandora 270885, #10 Exhibit Advertising Costs - Pandora 270886, #11 Exhibit Advertising Costs - Pandora 270887, #12 Exhibit Declaration of Catherine Tan, #13 Exhibit Excerpts from Rich Folk's Deposition Transcript, #14 Exhibit Email Identify Florida Conference - Pandora 026608, #15 Exhibit Declaration of Jonathan Vine, #16 Exhibit Declaration of Sheena Smith, #17 Exhibit Supplemental Rule 26 Disclosures, #18 Exhibit Federal Financial Law Group Email - Pandora 289770, #19 Exhibit Amended Service Agreement with MG&N a/k/a National Credit Rehab - Pandora 289762-289763, #20 Exhibit Regus Agreement - Pandora 289787, #21 Exhibit Excerpts from William Wilson's Deposition Transcript, #22 Exhibit Employee List - Pandora 272849, #23 Exhibit Pandora Marketing, LLC's Sixth Amended Answers to Interrogatories, #24 Exhibit Federal Financial Law Group - Pandora 289803, #25 Exhibit Letter of Intent with Yuge Marketing - Pandora 287932-287933)(Smith, Sheena) Modified on 9/16/2020 (KNC). |
Filing 165 RESPONSE in Opposition re 132 MOTION for Sanctions and Incorporated Memorandum of Law filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Smith, Sheena) |
Filing 164 NOTICE of Filing Plaintiffs' Amended 3.01(g) Certificate of Good Faith Conferral as to Plaintiffs' Short Form Motion to Compel Non-Party Yuge Internet Marketing, LLC to Respond to Subpoena Forthwith in Light of Impending Deadlines [DE 148] by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #148 First MOTION to Compel Subpoena Response (Attachments: #1 Exhibit 1)(Rubin, Glennys) Modified on 9/16/2020 (KNC). |
Filing 163 Joint Expedited Consent MOTION to Seal Exhibits to be Used in Defendants' Response in Opposition to Plaintiffs' Motion for Sanctions (ECF NO. 132) by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/16/2020 (KNC). |
Filing 162 NOTICE - Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically; re 141 Notice of rescheduling hearing. (PML) ctp |
Filing 161 RESPONSE to Motion re #145 Expedited MOTION to Compel Removal of Confidentiality Designations made by Defendant Pandora Marketing, or in the Alternative, Consent Motion to Seal and Memorandum of Law Defendants' Response to Plaintiffs' Motion to Compel Removal of Confidentiality Designations filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit)(Smith, Sheena) |
Filing 160 Plaintiff's NOTICE of compliance with Court's Order re 153 Order RE: Yuge Marketing and Notice of Hearing by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 9/16/2020 (KNC). |
Filing 159 NOTICE of Zoom hearing on motion re #148 First MOTION to Compel Subpoena Response by Non-Party Yuge Marketing, LLC. Motion Hearing set for 9/17/2020 at 1:00 PM before Magistrate Judge Embry J. Kidd re Notice of hearing Doc. 141. (PML) ctp |
Set deadlines as to #145 Expedited MOTION to Compel Removal of Confidentiality Designations made by Defendant Pandora Marketing, or in the Alternative, Consent Motion to Seal and Memorandum of Law. Defendants Responses due by 9/16/2020 (KNC) |
Filing 158 NOTICE of Filing Amended 3.01(g) Certificate of Good Faith Conferral As To Plaintiffs' Short Form Motion to Compel Non-Party Yuge Internet Marketing, LLC to Respond to Subpoena Forthwith in Light of Impending Deadlines by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #148 First MOTION to Compel Subpoena Response (Bennington, Alfred) Modified on 9/15/2020 (KNC). |
Filing 157 NOTICE of Filing Update Certificate of Conferral by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson re #150 MOTION to Correct #130 Amended MOTION to Dismiss First Amended Complaint D.E. 36, #62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint (Smith, Sheena) Modified on 9/15/2020 (KNC). |
Filing 156 MOTION to Correct #64 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Amended Complaint by Intermarketing Media, LLC. (Attachments: #1 Exhibit Exhibit A)(Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 155 Time-Sensitive MOTION to Strike the Pandora Defendants' Non-Compliant Motions to Dismiss and Motion for Additional Sanctions Against The Pandora Defendants and Their Counsel For Manipulation of the Page Limits by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/15/2020 (KNC). |
Filing 154 ORDER ruling deferred #145 Plaintiff's Opposed Motion to Remove Confidentiality Designation or in the alternative Motion to File Under Seal; granting #146 Plaintiffs' Unopposed Motion to file Under Seal. Defendants may respond to #145 on or before 12:00 PM, September 16, 2020.Signed by Magistrate Judge Embry J. Kidd on 9/14/2020. (JLE) |
Filing 153 ENDORSED ORDER re #148 Plaintiffs' Motion to Compel Subpoena Response by Non-Party Yuge Marketing, LLC. Plaintiffs are directed to serve non-party Yuge Marketing, LLC a copy of the 137 Notice of hearing on motion and 141 Notice of rescheduling hearing. Signed by Magistrate Judge Embry J. Kidd on 9/14/2020. (JLE) Modified on 9/14/2020 (JLE). |
Filing 152 ENDORSED ORDER granting #149 Plaintiffs' Motion for Clarification. The deadline to respond to Defendants Eddy, Folk, Wilson, Pandora Marketing, LLC, and Pandora Servicing, LLC's Motion to Dismiss (irrespective of the day that the correct version is filed on the public docket, re #150 Motion to Correct Motion to Dismiss) is due September 18, 2020. Signed by Magistrate Judge Embry J. Kidd on 9/14/2020. (JLE) |
Filing 151 MOTION for Protective Order Seeking to Designate Inadvertently Disclosed emails as Privileged by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/15/2020 (KNC). |
Filing 150 MOTION to Correct #130 Amended MOTION to Dismiss First Amended Complaint D.E. 36, #62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 149 Consent MOTION for Clarification re #126 Order on Motion to Dismiss by All Plaintiffs. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 148 First MOTION to Compel Subpoena Response by Non-Party Yuge Marketing, LLC by All Plaintiffs. (Attachments: #1 Exhibit A)(Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 147 NOTICE of Filing Non-Confidential Exhibits in Support of Sanctions Motion by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re 132 MOTION for Sanctions and Incorporated Memorandum of Law (Attachments: #1 Exhibit A, #2 Exhibit P, #3 Exhibit Q, #4 Exhibit LL, #5 Exhibit QQ, #6 Exhibit TT)(Bennington, Alfred) Modified on 9/14/2020 (KNC). |
Filing 146 Expedited Consent MOTION to Seal Exhibits Referenced in Plaintiffs' Sanctions Motion and Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/14/2020 (KNC). |
Filing 145 Expedited MOTION to Compel Removal of Confidentiality Designations made by Defendant Pandora Marketing, or in the Alternative, Consent Motion to Seal and Memorandum of Law by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/14/2020 (KNC). |
Filing 144 ENDORSED ORDER denying without prejudice 142 Motion to Expedite. The Court refers the parties to its Standing Order on the Procedure for Assertion of Privilege, Case No. 6:19-mc-42-Orl-EJK, available on the undersigned's website. As noted therein, the party asserting the privilege bears the burden of demonstrating that the privilege applies. Since it appears that the parties were not aware of the Court's Standing Order, if Defendants wish to file a motion for a protective order, they may have until September 14, 2020, at 3:00 p.m., to do so. Failure to file a motion way result in waiver of any disputed privilege. Signed by Magistrate Judge Embry J. Kidd on 9/11/2020. (Kidd, Embry) |
Sealed Document S-142. (MAA) |
Filing 143 NOTICE of Filing Amended Declarations in Support of Motion to Dismiss and Withdrawal of Declarations of Rich Folk and William Wilson by Pandora Marketing, LLC, Pandora Servicing, LLC re #62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint (Attachments: #1 Exhibit Declaration of Rich Folk, #2 Exhibit Declaration of William Wilson)(Smith, Sheena) Modified on 9/11/2020 (KNC). |
Set deadlines as to 132 MOTION for Sanctions and Incorporated Memorandum of Law. Defendants' Responses due by 9/16/2020 (KNC) |
Filing 141 NOTICE OF RESCHEDULING ZOOM HEARING re 137: The Motion hearing (Docs. 118, 123, 127, 132, 148, 151) previously scheduled for 9/18/2020 is rescheduled. New scheduling date and time: Motion Hearing set for 9/17/2020 at 1:00 PM before Magistrate Judge Embry J. Kidd; Zoom login credentials are unchanged. (PML) ctp Modified on 9/14/2020 (JLE). |
Filing 140 ENDORSED ORDER granting in part and denying in part #139 Defendants' Unopposed Motion to Reset September 18, 2020 Hearing Time. The hearing is rescheduled for September 17, 2020 at 1:00 PM. An updated notice will be entered separately. Moreover, Defendants' responses to 132 Plaintiff's Motion for Sanctions shall be filed no later than 12:00 PM on September 16, 2020. Signed by Magistrate Judge Embry J. Kidd on 9/9/2020. (JLE) |
Filing 139 Unopposed MOTION to Modify 137 Notice of hearing on motion by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 138 ENDORSED ORDER granting #133 Defendants' Unopposed Motion for Clarification, re 132 Plaintiffs' Motion for Sanctions. Local Rule 3.01(b), as opposed to #40 Standing Order on Discovery Motions, applies to Plaintiffs' Motion for Sanctions. However, the Court will order expedited briefing. Defendants' responses are due on or before September 16, 2020. Signed by Magistrate Judge Embry J. Kidd on 9/8/2020. (JLE) |
Filing 137 NOTICE of ZOOM hearing on motion re 132 MOTION for Sanctions and Incorporated Memorandum of Law; #127 MOTION to Compel Pandora Marketing, LLC and Pandora Servicing, LLC to Comply with this Court's July 2, 2020 Order Plaintiffs' ("Wyndham") Short-Form Motion To Compel Pandora Marketing, LLC and Pandora Servicing, LLC To Comply; #123 MOTION to Compel Supplemental Disclosures and Documents from Plaintiffs; #118 Second MOTION to Compel Sufficient Discovery Responses by Defendant Intermarketing Media, LLC Plaintiffs' Second Short Form Motion to Compel; #148 First MOTION to Compel Subpoena Response by Non-Party Yuge Marketing, LLC by All Plaintiffs; #151 MOTION for Protective Order Pandora Defendants' Motion for Protective Order Seeking to Designate Inadvertently Disclosed emails as Privileged by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. Motion Hearing set for 9/18/2020 at 1:00 PM before Magistrate Judge Embry J. Kidd; Any additional motions concerningjurisdictional discovery must be filed on or before September 11, 2020, The opposing parties, as well as non-party Yuge Marketing, LLC may have until 12:00 PM on September 16, 2020, to respond to the motions noticed for the Zoom hearing. On September 16, 2020, Plaintiffs and Defendants must file their own notice setting forth the status of each of the issues raised in its outstanding motions. The notice must detail the parties' meet and confer efforts between September 8, 2020, and September 16, 2020. New Zoom ID and password provided by email; 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(PML) ctp Modified on 9/14/2020 (JLE). |
Filing 136 NOTICE canceling Zoom Motion hearing scheduled for 9/9/2020 before Judge Embry J. Kidd; Hearing will be rescheduled by separate notice. (PML) ctp |
Filing 135 NOTICE of ZOOM hearing on motion re 132 MOTION for Sanctions and Incorporated Memorandum of Law. Motion Hearing set for 9/9/2020 at 1:00 AM before Magistrate Judge Embry J. Kidd; Zoom log in info provided via email remains unchanged; Any additional motions concerningjurisdictional discovery must be filed on or before September 11, 2020, The opposing parties may have until September 16, 2020, to respond to any additional motions filed. On September 16, 2020, Plaintiffs must file a notice setting forth the status of each of the issues raised in its outstanding motions. The notice must detail the parties' meet and confer efforts between September 8, 2020, and September 16, 2020. (PML) ctp |
Filing 134 NOTICE OF RESCHEDULING ZOOM HEARING (AS TO TIME ONLY): The Motion to Compel hearing (Docs. 118,123,127) previously scheduled for 9/9/2020 at 2:00 is rescheduled. New hearing time: Motion Hearing set for 9/9/2020 at 1:00 PM before Magistrate Judge Embry J. Kidd; re Notice of Hearing 124; Zoom log in info remains the same.(PML) ctp |
Filing 133 Unopposed MOTION for Clarification by Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Sealed Document S-132. (MAA) |
Filing 131 JOINT NOTICE Regarding by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #127 MOTION to Compel Pandora Marketing, LLC and Pandora Servicing, LLC to Comply with this Court's July 2, 2020 Order #123 MOTION to Compel Supplemental Disclosures and Documents from Plaintiffs, #118 Second MOTION to Compel Sufficient Discovery Responses by Defendant Intermarketing Media, LLC (Attachment: #1 Exhibit A)(Bennington, Alfred) Modified on 9/8/2020 (edited text) (EJS) |
Filing 130 Amended MOTION to Dismiss First Amended Complaint D.E. 36 by Kenneth Eddy, Rich Folk, William Wilson. (Attachments: #1 Exhibit Declaration of Rick Folk, #2 Exhibit Declaration of William "Bo" Wilson, #3 Exhibit Declaration of Kenneth Eddy)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 129 **STRICKEN PER ORDER AT 185** RESPONSE in Opposition re #127 MOTION to Compel Pandora Marketing, LLC and Pandora Servicing, LLC to Comply with this Court's July 2, 2020 Order Plaintiffs' ("Wyndham") Short-Form Motion To Compel Pandora Marketing, LLC and Pandora Servicing, LLC To Comply filed by Pandora Marketing, LLC, Pandora Servicing, LLC. (Attachments: #1 Exhibit Correspondence, #2 Exhibit Sixth Amended Responses to First Request for Production, #3 Exhibit Declaration of Catherine Tan)(Smith, Sheena) Modified on 9/18/2020 (KNC). |
Filing 128 NOTICE of Zoom hearing on motion re #127 MOTION to Compel Pandora Marketing, LLC and Pandora Servicing, LLC to Comply with this Court's July 2, 2020 Order Plaintiffs' ("Wyndham") Short-Form Motion To Compel Pandora Marketing, LLC and Pandora Servicing, LLC To Comply NOTICE re 124 Zoom Motion Hearing set for 9/9/2020 at 2:00 PM before Magistrate Judge Embry J. Kidd. (PML) ctp |
Filing 127 MOTION to Compel Pandora Marketing, LLC and Pandora Servicing, LLC to Comply with this Court's July 2, 2020 Order by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/28/2020 (KNC). |
Filing 126 ORDER striking #63 Defendants' Motion to Dismiss. Defendants may amend their motion to adhere to the Local Rules on or before September 2, 2020. Further failure to abide by the Local Rules may lead to sanctions. Signed by Judge Wendy W. Berger on 8/27/2020. (RMF)ctp |
Filing 125 RESPONSE in Opposition re #123 MOTION to Compel Supplemental Disclosures and Documents from Plaintiffs Plaintiffs' Short-Form Response in Opposition To Defendant Intermarketing's Motion to Compel Regarding Plaintiffs' Rule 26 Disclosures filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Rubin, Glennys) |
Filing 124 NOTICE of Zoom hearing on motions re #123 MOTION to Compel Supplemental Disclosures and Documents from Plaintiffs, and #118 Second MOTION to Compel Sufficient Discovery Responses by Defendant Intermarketing Media, LLC Plaintiffs' Second Short Form Motion to Compel. Motion Hearing set for 9/9/2020 at 2:00 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password provided by email; 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. (PML) ctp |
Filing 123 MOTION to Compel Supplemental Disclosures and Documents from Plaintiffs by Intermarketing Media, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/24/2020 (KNC). |
Filing 122 RESPONSE to Motion re #118 Second MOTION to Compel Sufficient Discovery Responses by Defendant Intermarketing Media, LLC Plaintiffs' Second Short Form Motion to Compel filed by Intermarketing Media, LLC. (Attachments: #1 Affidavit Declaration of Jonathan Parrott, #2 Affidavit Declaration Catherine Tan)(Marcushamer, Isaac) |
Filing 121 ORDER denying #43 Defendants Slattery, Sobel, & Decamp, LLP, Del Mar Law Group, LLP, Carlsbad Law Group, LLP, and JL Sean Slattery's Motion to Strike Immaterial Impertinent, and Scandalous Portions of #36 the Amended Complaint. Signed by Magistrate Judge Embry J. Kidd on 8/21/2020. (JLE) |
Filing 120 CERTIFICATE of counsel re #118 Second MOTION to Compel Sufficient Discovery Responses by Defendant Intermarketing Media, LLC Plaintiffs' Second Short Form Motion to Compel by Michael James Quinn on behalf of SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Quinn, Michael) |
Filing 119 NOTICE of Filing in Support of Second Short Form Motion to Compel by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #118 Second MOTION to Compel Sufficient Discovery Responses by Defendant Intermarketing Media, LLC Plaintiffs' Second Short Form Motion to Compel (Attachments: #1 Exhibit A, #2 Exhibit B)(Quinn, Michael) Modified on 8/20/2020 (KNC). |
Filing 118 Second MOTION to Compel Sufficient Discovery Responses by Defendant Intermarketing Media, LLC Plaintiffs' Second Short Form Motion to Compel by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. |
Set deadlines as to #62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint , #63 First MOTION to Dismiss Plaintiffs' Amended Complaint , #64 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Amended Complaint . Plaintiffs' Responses due by 9/18/2020 (KNC) |
Filing 117 ORDER granting in part and denying in part #111 & #112 Plaintiff's Motions for Leave to Exceed the Seven Hour Deposition Limit. Signed by Magistrate Judge Embry J. Kidd on 8/12/2020. (JLE) |
Filing 116 ENDORSED ORDER granting in part and denying in part #115 Motion for Extension of Time. The deadline for Plaintiffs to respond to the Motions to Dismiss is extended to September 18, 2020. No further extensions of this deadline will be granted absent extraordinary good cause. Signed by Magistrate Judge Embry J. Kidd on 8/12/2020. (Kidd, Embry) |
Filing 115 Unopposed MOTION for Extension of Time to File Response to Defendants' Motions to Dismiss by All Plaintiffs. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 114 RESPONSE in Opposition re #111 Expedited Short Form MOTION to Exceed The Seven Hour Deposition Limit as to Individual Defendants filed by Kenneth Eddy, Rich Folk, William Wilson. (Attachments: #1 Exhibit July 24, 2020 Correspondence, #2 Exhibit Pandora Defendnats' August 24, 2020 Correspondence, #3 Exhibit Plaintiffs' August 24, 2020 Correspondence)(Smith, Sheena) |
Filing 113 RESPONSE to Motion re #112 Expedited Short Form MOTION To Exceed the Seven Hour Deposition Limit As To Intermarketing Media, LLC filed by Intermarketing Media, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Marcushamer, Isaac) |
Filing 112 Expedited Short Form MOTION To Exceed the Seven Hour Deposition Limit As To Intermarketing Media, LLC by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/7/2020 (KNC). |
Filing 111 Expedited Short Form MOTION to Exceed The Seven Hour Deposition Limit as to Individual Defendants by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/7/2020 (KNC). |
Filing 110 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) |
Filing 109 TRANSCRIPT of Videoconference Motions to Compel Hearing held on 7/2/20 before Judge Embry J. Kidd. Court Reporter/Transcriber Suzanne L. 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 8/13/2020, Redacted Transcript Deadline set for 8/24/2020, Release of Transcript Restriction set for 10/21/2020. (SLT) |
Filing 108 ORDER granting in part and denying in part #82, #83, #85, #86 and #87 Plaintiffs' Motions to Compel as to Defendants William Wilson, Kenneth Eddy, Rick Folk, Pandora Marketing, LLC, Pandora Servicing, LLC; granting #88 Plaintiffs' Unopposed Motion to Compel as to Defendant Intermarketing Media, LLC. Signed by Magistrate Judge Embry J. Kidd on 7/6/2020. (Attachments: #1 Discovery Chart) (JLE) |
Filing 106 Minute Entry. Proceedings held before Magistrate Judge Embry J. Kidd: ZOOM MOTION HEARING held on 7/2/2020 re #83 MOTION to Compel Sufficient Discovery Responses by Kenneth Eddy filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #82 MOTION to Compel Sufficient Discovery Responses by Defendant William Wilson filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #87 MOTION to Compel Sufficient Discovery Responses by Pandora Servicing, LLC filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #88 MOTION to Compel Sufficient Discovery Responses by Intermarketing Media, LLC filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #86 MOTION to Compel Sufficient Discovery Responses by Pandora Marketing, LLC filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., #85 MOTION to Compel Sufficient Discovery Responses by Rich Folk filed by SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc. (Zoom Digital) (PML) |
Filing 105 MEMORANDUM in support re #96 Response in Opposition to Motion, 98 Order filed by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit Chart of Discovery, #2 Exhibit Pandora Marketing's Amended Responses First Set of Interrogatories, #3 Exhibit Pandora Marketing's Amended Responses Request for Production, #4 Exhibit Pandora Servicing's Amended Responses First Set of Interrogatories, #5 Exhibit Pandora Servicing's Amended Responses Request for Production, #6 Exhibit James Wilson's Amended Responses First Set of Interrogatories, #7 Exhibit James Wilson's Amended Responses Request for Production, #8 Exhibit Rich Folk's Amended Responses First Set of Interrogatories, #9 Exhibit Rich Folk's Amended Responses Amended Responses to Request for Production, #10 Exhibit Kenneth Eddy's Amended Responses First Set of Interrogatories, #11 Exhibit Kenneth Eddy's Amended Responses Request for Production, #12 Exhibit Order Memorializing Court Rules at Discovery Hearing)(Smith, Sheena) |
Filing 104 Joint NOTICE Regarding Plaintiffs' Motions to Compel by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re 89 Order on Motion to Compel (Bennington, Alfred) Modified on 7/1/2020 (KNC). |
Filing 103 Plaintiffs' SUPPLEMENTAL BRIEF in Support of Short Form Motions to Compel Sufficient Discovery Responses by Pandora Defendants and Supporting Legal Memorandum re: 98 Order by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bennington, Alfred) Modified on 6/29/2020 (KNC). |
Filing 102 NOTICE re 90 Notice of hearing; The in-person hearing is canceled. The motion hearing will go forward on 7/2/2020 at 1:00 PM using the Zoom platform; 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. (PML) ctp |
Filing 101 ENDORSED ORDER denying #100 Motion to Appear Telephonically. The Court will decide the #88 Motion to Compel as to Intermarketing Media on the submitted briefing. Therefore, counsel for Intermarketing Media are excused from attending the scheduled hearing. Signed by Magistrate Judge Embry J. Kidd on 6/25/2020. (Kidd, Embry) |
Filing 100 MOTION for Isaac Marcushamer to appear telephonically by Intermarketing Media, LLC. (Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 99 ENDORSED ORDER denying #97 Motion for Extension of Time. To the extent that Defendant Intermedia Marketing failed to read the Court's #40 Standing Order, it has been on notice since at least the filing of the Pandora Defendants' #93 Motion for Extension of Time on June 17, 2020, that a response was past due. Yet Intermedia Marketing waited an additional six days (for a total of eight days past the due date) to seek its own extension of time. The Court does not find this neglect to be excusable; therefore, the Motion is denied. Signed by Magistrate Judge Embry J. Kidd on 6/23/2020. (Kidd, Embry) |
Filing 98 ENDORSED ORDER. At the request of the parties, the Plaintiffs and the Pandora Defendants will each be allotted up to 10 additional pages of briefing on the contested issues in the combined motions to compel. The briefing for Plaintiffs is due on or by June 26, 2020. The briefing for the Pandora Defendants is due on or by July 1, 2020. Signed by Magistrate Judge Embry J. Kidd on 6/23/2020. (Kidd, Embry) |
Filing 97 MOTION for Extension of Time to File Response/Reply as to #88 MOTION to Compel Sufficient Discovery Responses by Intermarketing Media, LLC by Intermarketing Media, LLC. (Attachments: #1 Exhibit Response in Opposition to Plaintiffs' Motion to Compel, #2 Exhibit Amended Response to First Set of Interrogatories, #3 Exhibit Amended Response to First Set of Requests for Production)(Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 96 RESPONSE in Opposition re #83 MOTION to Compel Sufficient Discovery Responses by Kenneth Eddy , #82 MOTION to Compel Sufficient Discovery Responses by Defendant William Wilson , #87 MOTION to Compel Sufficient Discovery Responses by Pandora Servicing, LLC , #86 MOTION to Compel Sufficient Discovery Responses by Pandora Marketing, LLC , #85 MOTION to Compel Sufficient Discovery Responses by Rich Folk filed by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Smith, Sheena) |
Filing 95 NOTICE of supplemental authority re #62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint , #63 First MOTION to Dismiss Plaintiffs' Amended Complaint by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit Order Granting Pandora's Motion to Transfer Venue)(Smith, Sheena) |
Filing 94 ENDORSED ORDER granting #93 Motion for Extension of Time. The Court's Standing Order is clear as to the time provided to file a response in opposition to a discovery motion, and the Court's prior Order at Doc. 89, which referenced the Standing Order, should have served to highlight the response deadline. Nevertheless, it appears that the parties are making progress toward resolving the issues raised in the motions to compel. Therefore, the Court will grant the extension, but the failure to file a timely response may factor into the Court's ultimate resolution of the issues. The Pandora Defendants may have until and through June 22, 2020, to respond to the motions to compel at Docs. #82, #83, #85, #86, and #87. Signed by Magistrate Judge Embry J. Kidd on 6/18/2020. (Kidd, Embry) |
Set deadlines as to #85 MOTION to Compel Sufficient Discovery Responses by Rich Folk , #82 MOTION to Compel Sufficient Discovery Responses by Defendant William Wilson , #83 MOTION to Compel Sufficient Discovery Responses by Kenneth Eddy , #87 MOTION to Compel Sufficient Discovery Responses by Pandora Servicing, LLC , #86 MOTION to Compel Sufficient Discovery Responses by Pandora Marketing, LLC . Pandora Defendants' Responses due by 6/22/2020 (KNC) |
Filing 93 MOTION for Extension of Time to File Response/Reply as to #83 MOTION to Compel Sufficient Discovery Responses by Kenneth Eddy , #82 MOTION to Compel Sufficient Discovery Responses by Defendant William Wilson , #87 MOTION to Compel Sufficient Discovery Responses by Pandora Servicing, LLC , #86 MOTION to Compel Sufficient Discovery Responses by Pandora Marketing, LLC , #85 MOTION to Compel Sufficient Discovery Responses by Rich Folk by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Attachments: #1 Exhibit Correspondence)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Set deadlines as to #62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint , #63 First MOTION to Dismiss Plaintiffs' Amended Complaint , #64 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Amended Complaint . Plaintiffs Responses due by 8/31/2020 (KNC) |
Filing 92 ENDORSED ORDER granting #81 Motion for Extension of Time. In light of #91 Defendants' withdrawal of their opposition, the Court will grant the Motion as unopposed. Plaintiffs may have until and through August 31, 2020, to respond to the motions to dismiss. Signed by Magistrate Judge Embry J. Kidd on 6/12/2020. (Kidd, Embry) |
Filing 91 RESPONSE to Motion re #81 Second MOTION for Extension of Time to File Response/Reply as to #64 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Amended Complaint , #62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint < Joint Response filed by Pandoa Marketing, LLC, Pandora Servicing, LLC, Rich Fold, Kenneth Eddy and Intermarketing Media, LLC filed by Pandora Marketing, LLC. (Smith, Sheena) |
Filing 90 NOTICE of hearing on motion re #88 MOTION to Compel Sufficient Discovery Responses by Intermarketing Media, LLC , #85 MOTION to Compel Sufficient Discovery Responses by Rich Folk , #82 MOTION to Compel Sufficient Discovery Responses by Defendant William Wilson , #83 MOTION to Compel Sufficient Discovery Responses by Kenneth Eddy , #87 MOTION to Compel Sufficient Discovery Responses by Pandora Servicing, LLC , #86 MOTION to Compel Sufficient Discovery Responses by Pandora Marketing, LLC . Motion Hearing set for 7/2/2020 at 1:00 PM in Orlando Courtroom 4 C before Magistrate Judge Embry J. Kidd; Each party is limited to three attorneys. Parties represented jointly by the same attorneys or law firms are limited to three attorneys collectively; Those attending the hearing are required to wear masks and comply with social distancing guidelines. (PML) ctp |
Filing 89 ENDORSED ORDER taking under advisement #82 Motion to Compel, #83 Motion to Compel, #85 Motion to Compel, #86 Motion to Compel, #87 Motion to Compel, #88 Motion to Compel. The Court will set a hearing on the motions by separate notice. For the purpose of aiding the parties in their responses and meet-and-confer efforts, the Court notes that there is no order staying discovery in this case. Moreover, the notice in compliance with paragraph 9 of the Standing Order on Discovery Motions must detail the date, time, length, and participants for each meeting. Signed by Magistrate Judge Embry J. Kidd on 6/10/2020. (Kidd, Embry) |
Filing 88 MOTION to Compel Sufficient Discovery Responses by Intermarketing Media, LLC by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 87 MOTION to Compel Sufficient Discovery Responses by Pandora Servicing, LLC by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 86 MOTION to Compel Sufficient Discovery Responses by Pandora Marketing, LLC by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 85 MOTION to Compel Sufficient Discovery Responses by Rich Folk by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 84 ENDORSED ORDER taking under advisement #81 Motion for Extension of Time. Any response in opposition to the motion must be filed on or by June 12, 2020. Signed by Magistrate Judge Embry J. Kidd on 6/9/2020. (Kidd, Embry) |
Filing 83 MOTION to Compel Sufficient Discovery Responses by Kenneth Eddy by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 82 MOTION to Compel Sufficient Discovery Responses by Defendant William Wilson by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 81 Second MOTION for Extension of Time to File Response/Reply as to #64 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Amended Complaint , #62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint , #63 First MOTION to Dismiss Plaintiffs' Amended Complaint Plaintiffs' Second Motion for Extension of Time to Respond to Defendants' Motion to Dismiss by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 80 ORDER granting #79 Defendant Intermarketing Media, LLC's Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 5/12/2020. (JLE) |
Filing 79 MOTION for Jonathan Parrott to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16799001 for $150 by Intermarketing Media, LLC. (Attachments: #1 Affidavit Certificate of Standing of the State of California, #2 Affidavit Certificate of Standing of the State of Colorado, #3 Affidavit Special Admission Attorney Certification)(Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 78 ENDORSED ORDER granting #77 Daniel J. Barsky's Unopposed Motion to Withdraw as Attorney. Attorney Daniel J. Barsky is terminated. The Clerk is directed to remove Mr. Barsky from the CM/ECF service list. Signed by Magistrate Judge Embry J. Kidd on 5/8/2020. (JLE) |
Filing 77 Unopposed MOTION for Daniel J. Barsky to Withdraw as Attorney by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 5/8/2020 (LDJ). |
***PRO HAC VICE FEES paid by attorney Andrew D. Stopler, appearing on behalf of Intermarketing Media, LLC (Filing fee $150 receipt number JAX032881.) Related document: #74 Amended MOTION for Andrew D. Stolper to appear pro hac vice . (AFC) |
Filing 76 ENDORSED ORDER granting in part and denying in part #70 Motion for Extension of Time. Plaintiffs may have 90 days from the date of this Order to respond to the motions to dismiss. During this 90-day period, Plaintiffs may propound written jurisdictional discovery to Defendants, and Defendants shall respond within 30 days of service. No other deadlines are stayed or extended by this Order. Signed by Magistrate Judge Embry J. Kidd on 4/1/2020. (Kidd, Embry) |
Filing 75 ORDER granting #74 Defendant Intermarketing Media, LLC's Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 4/1/2020. (JLE) |
Filing 74 Amended MOTION for Andrew D. Stolper to appear pro hac vice by Intermarketing Media, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 4/1/2020 (KNC). |
Filing 73 RESPONSE in Opposition re #70 MOTION for Extension of Time to File Responses to Motions to Dismiss, and for Jurisdictional and Venue/Forum Discovery filed by Intermarketing Media, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Marcushamer, Isaac) Modified on 4/1/2020 (KNC). |
Filing 72 RESPONSE to Motion re #70 MOTION for Extension of Time to File Responses to Motions to Dismiss, and for Jurisdictional and Venue/Forum Discovery filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) |
Set deadlines as to #70 MOTION for Extension of Time to File Responses to Motions to Dismiss, and for Jurisdictional and Venue/Forum Discovery . Defendants' Responses due by 3/31/2020. (KNC) |
Filing 71 ENDORSED ORDER taking under advisement #70 Motion for Extension of Time. Defendants are directed to respond on or by March 31, 2020. Signed by Magistrate Judge Embry J. Kidd on 3/25/2020. (Kidd, Embry) |
Filing 70 MOTION for Extension of Time to File Responses to Motions to Dismiss, and for Jurisdictional and Venue/Forum Discovery by All Plaintiffs. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 69 NOTICE of Filing Amended Declaration of Jason Krieck in Support by Intermarketing Media, LLC re #64 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Affidavit Amended Declaration of Jason Krieck)(Marcushamer, Isaac) Modified on 3/19/2020 (KNC). |
Filing 68 RESPONSE to Motion re #55 MOTION to Strike #44 Answer to amended complaint filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gabrielson, W.) Modified on 3/18/2020 (KNC). |
Filing 67 ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #60 Motion to Appear Pro Hac Vice on behalf of Intermarketing Media, LLC. Signed by Magistrate Judge Embry J. Kidd on 3/12/2020. (JLE) |
Filing 66 NOTICE of Appearance by Sheena Danielle Smith on behalf of Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, William Wilson (Smith, Sheena) |
Filing 65 NOTICE of Appearance by S. Jonathan Vine on behalf of Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, William Wilson (Vine, S.) |
Filing 64 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss Amended Complaint by Intermarketing Media, LLC. (Attachments: #1 Affidavit Declaration of Jason Krieck)(Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 63 **STRICKEN PER ORDER AT #126** First MOTION to Dismiss Plaintiffs' Amended Complaint by Kenneth Eddy, Rich Folk, William Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Vine, S.) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/28/2020 (KNC). |
Filing 62 First MOTION to Dismiss And Strike Plaintiff's Amended Complaint by Pandora Marketing, LLC, Pandora Servicing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Vine, S.) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 61 ORDER re #59 Plaintiff's Notice of Voluntary Dismissal, Without Prejudice, as to Andris Pukke and Power Haus Marketing, Inc. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), the Clerk is directed to terminate Andris Pukke and Power Haus Marketing, Inc. as Defendants in this matter and amend the case style accordingly. Signed by Judge Wendy W. Berger on 3/11/2020. (RMF)ctp |
Filing 60 MOTION for Andrew D. Stolper to appear pro hac vice by Intermarketing Media, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Marcushamer, Isaac) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 59 NOTICE of voluntary dismissal as to Andris Pukke and Power Haus Marketing, Inc. only by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Modified on 3/11/2020 (KNC). |
Filing 58 CERTIFICATE of interested persons and corporate disclosure statement re #49 Interested persons order by Intermarketing Media, LLC. (Smith, Sheena) |
Filing 57 CERTIFICATE of interested persons and corporate disclosure statement re #49 Interested persons order by Kenneth Eddy, Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Smith, Sheena) |
Filing 56 DEFENDANT'S BRIEF re #50 Response in Opposition to Motion, #43 MOTION to Strike #36 Amended Complaint filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment A to Defendants' Reply Brief in Support of Motion to Strike)(Gabrielson, W.) |
Filing 55 MOTION to Strike #44 Answer to amended complaint Plaintiffs' Motion to Strike The Slattery Defendants' Affirmative Defenses and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 54 ENDORSED ORDER granting #53 Motion for Extension of Time. Kenneth Eddy may have until and through March 11, 2020, to respond to the amended complaint. Signed by Magistrate Judge Embry J. Kidd on 3/2/2020. (Kidd, Embry) |
Set deadline: Reply due by 3/6/2020. (LDJ) |
Filing 53 Unopposed MOTION for Extension of Time to File Response/Reply as to #36 Amended Complaint by Kenneth Eddy. (Vine, S.) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 52 ENDORSED ORDER granting #51 Motion for Leave to File a Reply. Defendants may file a reply, not to exceed 5 pages, on or by March 6, 2020. Signed by Magistrate Judge Embry J. Kidd on 2/28/2020. (Kidd, Embry) |
Filing 51 MOTION for Leave to File Other Document :Reply to Plaintiffs' Response in Opposition to Motion to Strike (ECF No. 50) and Incorporate Memorandum of Law by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 50 RESPONSE in Opposition re #43 MOTION to Strike #36 Amended Complaint filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 49 INTERESTED PERSONS ORDER. Defendants PANDORA MARKETING, LLC, PANDORA SERVICING, LLC, INTERMARKETING MEDIA, LLC, WILLIAM WILSON, and RICH FOLK shall file a Certificate of interested persons and corporate disclosure statement due by 3/6/2020. Signed by Judge Wendy W. Berger on 2/21/2020. (RMF)ctp |
Filing 48 ENDORSED ORDER granting #47 Motion for Extension of Time. Defendants Pandora Marketing, LLC; Pandora Servicing LLC; Intermarketing Media, LLC; Rich Folk; and William Wilson may have until and through March 11, 2020, to respond to the amended complaint. Signed by Magistrate Judge Embry J. Kidd on 2/20/2020. (Kidd, Embry) |
Filing 47 Amended MOTION for Extension of Time to File Response/Reply as to #36 Amended Complaint by Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 46 ENDORSED ORDER denying without prejudice #45 Motion for Extension of Time for failure to comply with Local Rule 3.01(g). The parties did not actually meet and confer about this issue. The Court reminds all parties that they are required to engage in the meet-and-confer process in good faith. Signed by Magistrate Judge Embry J. Kidd on 2/18/2020. (Kidd, Embry) |
Filing 45 MOTION for Extension of Time to File Response/Reply as to #36 Amended Complaint by Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 44 ANSWER and affirmative defenses with Jury Demand to #36 Amended Complaint by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP.(Gabrielson, W.) |
Filing 43 MOTION to Strike #36 Amended Complaint by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 42 ENDORSED ORDER granting #41 Motion for Extension of Time. Defendants Slattery, Sobel & Decamp, LLP; Del Mar Law Group, LLP; Carlsbad Law Group, LLP; and JL "Sean" Slattery may have until and through February 11, 2020, to respond to the amended complaint. The parties are advised that the Court strongly disfavors requests for extension of time filed on the due date and will not grant further requests filed on the due date absent extraordinary circumstances. Signed by Magistrate Judge Embry J. Kidd on 2/4/2020. (Kidd, Embry) |
Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Amended Complaint (ECF No. 36) by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 40 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 1/03/2020. (JLE) |
Filing 39 ENDORSED ORDER denying as moot #12 Defendants' Motion to Dismiss Complaint for Failure to State a Claim. On January 21, 2020, Plaintiffs timely filed their Amended Complaint. (Doc. 36). Signed by Judge Wendy W. Berger on 1/24/2020. (RAJ) |
Filing 38 SUMMONS issued as to Kenneth Eddy, Rich Folk, Intermarketing Media, LLC, Pandora Marketing, LLC, Pandora Servicing, LLC, Power Haus Marketing Inc., William Wilson. (BIA) |
Filing 37 PROPOSED summons to be issued by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred) |
Filing 36 AMENDED COMPLAINT against Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP, Pandora Marketing, LLC, Pandora Servicing, LLC, Intermarketing Media, LLC, Power Haus Marketing Inc., Kenneth Eddy, William Wilson, Andris Pukke, Rich Folk filed by SVC-Hawaii, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc., SVC-Americana, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 3 Part 3, #6 Exhibit 4 Part 1, #7 Exhibit 4 Part 2, #8 Exhibit 4 Part 3, #9 Exhibit 4 Part 4, #10 Exhibit 4 Part 5, #11 Exhibit 4 Part 6, #12 Exhibit 4 Part 7, #13 Exhibit 5 Part 1, #14 Exhibit 5 Part 2, #15 Exhibit 5 Part 3, #16 Exhibit 6)(Bennington, Alfred) |
Filing 35 ENDORSED ORDER granting #32 Plaintiffs' Unopposed (see Docket Entry #34 at 1) Motion for Leave to File First Amended Complaint. Plaintiffs shall file their first amended complaint, attached as Exhibit A in their Motion, on or before January 24, 2020. Signed by Magistrate Judge Embry J. Kidd on 1/21/2020.(JLE) |
Filing 34 RESPONSE to Motion re #32 MOTION for Leave to File First Amended Complaint filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Attachments: #1 Exhibit Attachment A to Defs' Response to Motion for Leave to File First Amended Complaint and Memorandum)(Gabrielson, W.) |
Filing 33 ENDORSED ORDER taking under advisement #32 Plaintiffs' Motion for Leave to File First Amended Complaint. Plaintiffs shall supplement their 3.01(g) certificate on or before January 21, 2020. Signed by Magistrate Judge Embry J. Kidd on 1/17/2020. (JLE) |
Filing 32 MOTION for Leave to File First Amended Complaint by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit A, Part 3, #4 Exhibit A, Part 4, #5 Exhibit A, Part 5, #6 Exhibit A, Part 6, #7 Exhibit A, Part 7, #8 Exhibit A, Part 8, #9 Exhibit A, Part 9, #10 Exhibit A, Part 10, #11 Exhibit A, Part 11, #12 Exhibit A, Part 12, #13 Exhibit A, Part 13, #14 Exhibit A, Part 14)(Bennington, Alfred) Modified on 1/16/2020 (BIA). |
Filing 31 CASE REFERRED to Mediation. Richard Joyce appointed as Mediator. (BIA) |
Filing 30 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/31/2020, Joinder of Parties due by 1/31/2020, Discovery due by 4/1/2021, Dispositive motions due by 5/3/2021, Pretrial statement due by 9/6/2021, All other motions due by 8/2/2021, Plaintiff disclosure of expert report due by 2/2/2021, Defendant disclosure of expert report due by 3/4/2021, Trial Status Conference set for 9/14/2021 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Jury Trial set for trial term commencing 10/4/2021 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 4/16/2021. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 1/6/2020. (RMF)(ctp). |
Filing 29 REPLY Brief in Support re #12 Motion to dismiss Complaint for Failure to State a Claim filed by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Gabrielson, W.) Modified on 12/27/2019 (BIA). |
Filing 28 ENDORSED ORDER granting #27 Unopposed Motion to Enlarge Time. Defendants may have until and through December 30, 2019, to respond to Plaintiff's discovery requests. Signed by Magistrate Judge Embry J. Kidd on 12/20/2019. (Kidd, Embry) |
Filing 27 Amended MOTION to extend time to Respond to Discovery Requests and Memo of Law by All Defendants. (Wagner, Brian) Motions referred to Magistrate Judge Embry J. Kidd. |
Set/reset deadlines as to #12 MOTION to Dismiss Complaint . Replies due by 12/26/2019. (BIA) |
Filing 26 ENDORSED ORDER granting #22 Motion for Leave to File a Reply. Defendants may file a reply brief, not to exceed five pages, on or by December 26, 2019. Signed by Magistrate Judge Embry J. Kidd on 12/18/2019. (Kidd, Embry) |
Filing 25 ENDORSED ORDER denying #21 Motion for Extension of Time to Respond to Discovery Requests for failure to establish good cause and failure to include a memorandum of legal authority pursuant to Local Rule 3.01(a). Signed by Magistrate Judge Embry J. Kidd on 12/18/2019. (Kidd, Embry) |
Filing 24 RESPONSE in Opposition re #22 MOTION for leave to file Reply to #20 Response in Opposition re #12 Motion to Dismiss filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 12/18/2019 (BIA). |
Filing 23 RESPONSE in Opposition re #21 MOTION for Extension of Time to File Response/Reply to Discovery Requests Plaintiffs' Response in Opposition to Defendants' Motion for Extension of Time in Which to Respond to Discovery Requests filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred) |
Filing 22 MOTION for leave to file Reply to #20 Response in Opposition re #12 Motion to Dismiss by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) Modified on 12/18/2019 (BIA). |
Filing 21 MOTION for Extension of Time to File Response/Reply to Discovery Requests by All Defendants. (Wagner, Brian) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 20 RESPONSE in Opposition re #12 MOTION to Dismiss Complaint filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred) Modified on 12/12/2019 (BIA). |
Filing 19 CASE MANAGEMENT REPORT. (Quinn, Michael) |
Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) |
Filing 17 NOTICE of pendency of related cases re #7 per Local Rule 1.04(d) by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. Related case(s): No (Wagner, Brian) Modified on 11/13/2019 (MEJ). |
Reset deadline: Plaintiff's Response due by 12/12/2019. (LDJ) |
Filing 16 ENDORSED ORDER granting in part and denying in part #15 Plaintiffs' Motion for Extension of Time to Respond to #12 Defendants' Motion to Dismiss. Plaintiffs shall file a response on or before December 12, 2019. Plaintiffs' Motion is denied in all other respects. Signed by Magistrate Judge Embry J. Kidd on 11/8/2019. (JLE) |
Filing 15 MOTION to extend time to Respond to Defendants' Motion to Dismiss, or, Alternatively, for the Court to Abstain from Disposition of Said Motion; and, in either Case for Such Extension or Abstention to Run Sixty (60) days following the Case Management Conference by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 14 NOTICE of Appearance by W. Scott Gabrielson on behalf of Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP (Gabrielson, W.) |
Filing 13 INTERESTED PERSONS ORDER. Defendants Slattery, Sobel & Decamp, LLP, Del Mar Law Group, LLP, Carlsbad Law Group, LLP, and JL "Sean" Slattery shall file a Certificate of interested persons and corporate disclosure statement due by 11/13/2019. Signed by Judge Wendy W. Berger on 10/30/2019. (RMF)(Copies mailed). |
Filing 12 MOTION to Dismiss Complaint by Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP. (Wagner, Brian) |
Filing 11 NOTICE of Appearance by Brian L. Wagner on behalf of Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP (Wagner, Brian) |
Filing 10 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Related case(s): no (Bennington, Alfred) |
Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order Plaintiffs' Certificate of Interested Persons and Corporate Disclosure Statement by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred) |
Filing 8 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/21/2019. Signed by Judge Wendy W. Berger on 10/7/2019. (RMF)(Copies mailed). |
Filing 7 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/21/2019. Signed by Deputy Clerk on 10/7/2019. (RMF)(Copies mailed). |
Filing 6 SUMMONS issued as to JL "Sean" Slattery. (PAM) |
Filing 5 SUMMONS issued as to Carlsbad Law Group, LLP. (PAM) |
Filing 4 SUMMONS issued as to Del Mar Law Group, LLP. (PAM) |
Filing 3 SUMMONS issued as to Slattery, Sobel & Decamp, LLP. (PAM) |
Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Embry J. Kidd. New case number: 6:19-cv-1908-Orl-78EJK. (SJB) |
Filing 1 COMPLAINT For Damages and Injunctive Relief against Carlsbad Law Group, LLP, Del Mar Law Group, LLP, JL "Sean" Slattery, Slattery, Sobel & Decamp, LLP (Filing fee $ 400 receipt number 113A-15995722) filed by SVC-Hawaii, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc., SVC-Americana, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons)(Bennington, Alfred) |
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