Allen et al v. Wyndham Vacation Resorts, Inc. et al (TV1)
| Edna Allen and Vicki Allen-Hughes |
| Wyndham Worldwide Operations Inc, Wyndham Vacation Resorts Inc. and Wyndham Vacation Ownership, Inc. |
| 6:2021cv00583 |
| March 31, 2021 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Leslie R Hoffman |
| Daniel C Irick |
| Carlos E Mendoza |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 17, 2021. A more recent docket listing may be available from PACER.
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Filing 117
ORDER dismissing case with prejudice subject to the right of any party, within sixty days from the date of this Order, upon good cause, to move the Court to re-open the case in accordance with Local Rule 3.09(b). The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 6/17/2021. (MEH) ctp
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Filing 116
NOTICE of settlement by Edna Allen, Vicki Allen-Hughes (Hackett, Donald)
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Filing 115
Revised CASE MANAGEMENT REPORT. (Strittmatter, Ashley) Modified text on 6/11/2021 (TNP).
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Set deadline: Revised Case management report due by 6/11/2021 (TNP)
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Filing 114
ENDORSED ORDER denying #108 Motion to Stay, as stated on the record at the 6/3/2021 hearing. Counsel are directed to confer and file a revised case management report by 6/11/2021. Signed by Magistrate Judge Daniel C. Irick on 6/4/2021. (Irick, Daniel)
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Filing 113
Minute Entry. Virtual Proceedings held before Magistrate Judge Daniel C. Irick: STATUS CONFERENCE held via Zoom on 6/3/2021. (Digital) (RN)
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Filing 112
ENDORSED ORDER granting #111 Consent Motion Excusal for Sye Hickey from Attending Status Conference. Signed by Magistrate Judge Daniel C. Irick on 6/3/2021. (Irick, Daniel)
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Filing 111
Consent MOTION for Miscellaneous Relief, specifically Excusal for Sye Hickey from Attending Status Conference by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Strittmatter, Ashley)
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Filing 110
CASE MANAGEMENT REPORT. (Strittmatter, Ashley)
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Filing 109
NOTICE of Hearing: Status Conference set for 6/3/2021 at 10:00 AM via Zoom Video Conference before Magistrate Judge Daniel C. Irick. In light of the ongoing COVID-19 pandemic, the hearing will be conducted remotely through the web-based Zoom application. The Court will separately send a Zoom invitation to each counsel of record's email address. (RN)
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Filing 108
MOTION to Stay by Edna Allen, Vicki Allen-Hughes. (Hackett, Donald)
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Filing 107
Case Reassigned to Magistrate Judge Daniel C. Irick. New case number: 6:21-cv-00583-CEM-DCI. Magistrate Judge Leslie R. Hoffman no longer assigned to the case. (ALL)
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Filing 106
ORDER. In the interest of justice, the Clerk of Court is directed to transfer this case to the Honorable Daniel C. Irick, with his permission, as the presiding Magistrate Judge. Signed by Magistrate Judge Leslie R. Hoffman on 5/21/2021. (MKH)
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Filing 105
NOTICE of a related action per Local Rule 1.07(c) by Edna Allen, Vicki Allen-Hughes. Related case(s): Yes (Hackett, Donald)
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Filing 104
CERTIFICATE of interested persons and corporate disclosure statement re #88 Order by Edna Allen, Vicki Allen-Hughes. (Hackett, Donald)
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Filing 103
NOTICE of Appearance by Donald Sheridan Hackett, III on behalf of Edna Allen, Vicki Allen-Hughes (Hackett, Donald)
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Filing 102
CERTIFICATE of interested persons and corporate disclosure statement by Wyndham Vacation Resorts Inc.. (Strittmatter, Ashley)
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Filing 101
CERTIFICATE of interested persons and corporate disclosure statement by Wyndham Vacation Ownership, Inc.. (Strittmatter, Ashley)
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Filing 100
NOTICE of a related action per Local Rule 1.07(c) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. Related case(s): No (Strittmatter, Ashley)
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Filing 99
ORDER granting #95 Motion to Appear Pro Hac Vice; granting #96 Motion to Appear Pro Hac Vice; granting #97 Motion to Appear Pro Hac Vice; granting #98 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie R. Hoffman on 4/30/2021. (MKH)
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Filing 98
Amended MOTION for Ashley Meredith Strittmatter to appear pro hac vice by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Leslie R. Hoffman.
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Filing 97
Amended MOTION for Joy Boyd Longnecker to appear pro hac vice by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Leslie R. Hoffman.
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Filing 96
Amended MOTION for Sye T. Hickey to appear pro hac vice by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Leslie R. Hoffman.
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Filing 95
Amended MOTION for Jamie Ballinger to appear pro hac vice by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Leslie R. Hoffman.
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Filing 94
ORDER denying without prejudice #90 Motion to Appear Pro Hac Vice; denying without prejudice #91 Motion to Appear Pro Hac Vice; denying without prejudice #92 Motion to Appear Pro Hac Vice; denying without prejudice #93 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie R. Hoffman on 4/21/2021. (MKH)
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Filing 93
MOTION for Ashley Meredith Strittmatter to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18162249 for $150 by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Leslie R. Hoffman.
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Filing 92
MOTION for Joy Boyd Longnecker to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18162189 for $150 by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Leslie R. Hoffman.
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Filing 91
MOTION for Sye T. Hickey to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18162100 for $150 by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Leslie R. Hoffman.
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Filing 90
MOTION for Jamie Ballinger to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18161848 for $150 by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Leslie R. Hoffman.
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Filing 89
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 4/19/2021. (MEH) Copies mailed.
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Filing 88
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 4/19/2021. (MEH) Copies mailed. (MEH).
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Filing 87
NOTICE to counsel Aubrey T Givens, Kristin Fecteau Mosher, Eugene J. Podesta, Jr., Jamie Ballinger Holden, Jamie L Morton, Sye Thomas Hickey, Ashley M Strittmatter, Joy Boyd Longnecker: Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF (Signed by Deputy Clerk). (ALL)
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Filing 86
TRANSFER IN from the Eastern District of Tennessee. Case assigned to District Judge Carlos E. Mendoza and Magistrate Judge Leslie R. Hoffman. New Case Number: 6:21-cv-00583-CEM-LRH. (ALL)
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Filing 85
Case transferred in from District of Tennessee Eastern; Case Number 3:18-cv-00259. File received electronically
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Filing 84
ORDER: defendants' motion to dismiss [Doc. 40] is GRANTED. Additionally, defendants' motion for summary judgment [Doc. 48] is GRANTED in part and DENIED as moot in part. Accordingly, all of plaintiffs' claims relating to the Tennessee VOI are dismissed, and the Clerk is DIRECTED to transfer the remainder of this action to the Middle District of Florida and close this Court's file. Signed by District Judge Thomas A Varlan on March 31, 2021. (AYB) [Transferred from tned on 4/1/2021.]
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Filing 83
MEMORANDUM OPINION: defendants' motion to dismiss [Doc. 40] will be GRANTED. Additionally, defendants' motion for summary judgment will be GRANTED in part and DENIED as moot in part. The Clerk will be DIRECTED to TRANSFER the remainder of this action to the Middle District of Florida and to CLOSE this case. Signed by District Judge Thomas A Varlan on March 31, 2021. (AYB) [Transferred from tned on 4/1/2021.]
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Case electronically transferred to the Middle District of Florida. (AYB) [Transferred from tned on 4/1/2021.]
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Filing 82
ORDER granting in part and denying in part #69 Motion to Compel; denying #78 Motion for Protective Order. Signed by Magistrate Judge Debra C Poplin on 3/18/21. (ABF) [Transferred from tned on 4/1/2021.]
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Filing 81
ORDER: the parties' joint motion for a continuance [Doc. 80] is GRANTED. Accordingly, the Court hereby ORDERS that the trial in this case, previously scheduled for May 11, 2021, is CANCELLED and is RESCHEDULED for Tuesday, August 24, 2021, at 9:00 a.m. Signed by District Judge Thomas A Varlan on February 3, 2021. (AYB) [Transferred from tned on 4/1/2021.]
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Filing 80
Joint MOTION to Continue Trial Date and Extend Unexpired Scheduling Order Deadlines by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Other Proposed Order)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 79
Plaintiffs' RESPONSE to #78 Defendants' MOTION for Protective Order and REPLY to Defendants' RESPONSE in OPPOSITION to #69 Plaintiffs' MOTION to Compel filed by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 Supplement Smith v. Bluegreen, #2 Exhibit Deposition Excerpt, #3 Exhibit Deposition Excerpt, #4 Exhibit Deposition Excerpt, #5 Summons Deposition Excerpt) (Givens, Aubrey) Modified text on 2/1/2021 (AYB). [Transferred from tned on 4/1/2021.]
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Filing 78
RESPONSE to #69 MOTION to Compel and MOTION for Protective Order filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A-2.19.20 E-Mail, #2 Exhibit B-Wyndham Defs Objection, #3 Exhibit C-Discovery Dispute Chart, #4 Exhibit D-Memo & Order re Discovery, #5 Exhibit E-Allen Depo Excerpts, #6 Exhibit F-Allen-Hughes Depo Excerpts, #7 Exhibit G-Contracts, #8 Exhibit H-Lint Order) (Holden, Jamie) Modified on 1/22/2021 to convert entry into a motion (AYB). [Transferred from tned on 4/1/2021.]
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Filing 77
NOTICE of Appearance by Joy Boyd Longnecker on behalf of Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Longnecker, Joy) [Transferred from tned on 4/1/2021.]
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Filing 76
Notice of Attorney Withdrawal Attorney Eugene J Podesta, Jr terminated. (Podesta, Eugene) [Transferred from tned on 4/1/2021.]
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Filing 75
ORDER: the Clerk of Court is DIRECTED to LIFT the stay in this matter. The trial of this matter is RESET for Tuesday, May 11, 2021, at 9:00 a.m. Signed by District Judge Thomas A Varlan on January 8, 2021. (AYB) [Transferred from tned on 4/1/2021.]
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Filing 74
ORDER: the plaintiffs' Motion to Compel and Motion for Sanctions [Doc. 69] is hereby REFERRED to the Honorable Debra C. Poplin, United States Magistrate Judge, for her consideration and determination or report and recommendation, as may be appropriate. Signed by District Judge Thomas A Varlan on January 8, 2021. (AYB) [Transferred from tned on 4/1/2021.]
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Filing 73
STATUS REPORT (Joint) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 72
REPORT of Mediation By Rule 31 Mediator(JAN) [Transferred from tned on 4/1/2021.]
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Filing 71
ORDER: pursuant to Local Rule 16.4, the Court hereby ORDERS the parties in these cases to mediate in good faith within ninety (90) days. These actions shall be STAYED until August 1, 2020, so the parties may engage in mediation. Within seven (7) days following the conclusion of mediation, the mediator shall FILE a report with the Court stating the outcome of the mediation, as contemplated by Local Rule 16.4(m). The Court further DIRECTS that on or before August 1, 2020, the parties SHALL file joint status reports to apprise the Court of whether their resolution efforts were successful, whether they require additional time to negotiate, or whether the parties wish to proceed to trial. Signed by District Judge Thomas A Varlan on April 30, 2020. (AYB) [Transferred from tned on 4/1/2021.]
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Filing 70
NOTICE by Wyndham Vacation Resorts, Inc. of Service of Supplemental Response to Plaintiffs' 30(b)(6) Deposition Notice (Podesta, Eugene) [Transferred from tned on 4/1/2021.]
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Filing 69
MOTION to Compel by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 Exhibit Ex A)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
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Filing 68
WITNESS LIST by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 Exhibit Exhibit 1 to Witness List)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
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Filing 67
WITNESS LIST (Supplemental) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 66
WITNESS LIST First Amended by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 Exhibit Exhibit 1)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
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Filing 65
WITNESS LIST by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 Exhibit Exhibit 1)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
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Filing 64
WITNESS LIST by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 63
ORDER re: Discovery Dispute. Signed by Magistrate Judge Debra C Poplin on 4/15/20. (ABF) [Transferred from tned on 4/1/2021.]
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Filing 62
Minute Entry for Telephonic Discovery Conference before Magistrate Judge Debra C Poplin held on 4/2/2020. Parties were present for a telephonic hearing in Chambers to address discovery issues. Order to follow. (ADA) [Transferred from tned on 4/1/2021.]
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NOTICE of Hearing: Telephonic Discovery Hearing set for 4/2/2020 at 1:30 PM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge Debra C Poplin. The parties shall call the conference call number previously provided. (RLK) [Transferred from tned on 4/1/2021.]
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Filing 61
STATUS REPORT (Joint) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Podesta, Eugene) [Transferred from tned on 4/1/2021.]
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Filing 60
SUPPLEMENT to #59 OBJECTION to the 30.02(6) Deposition Notices filed by Plaintiffs February 21, 2020 by Defendant Wyndham Vacation Resorts, Inc. (Exhibit A) by Wyndham Vacation Resorts, Inc.. (Podesta, Eugene) [Transferred from tned on 4/1/2021.]
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Filing 59
OBJECTION to the 30.02(6) Deposition Notices filed by Plaintiffs February 21, 2020 by Defendant Wyndham Vacation Resorts, Inc.. (Podesta, Eugene) [Transferred from tned on 4/1/2021.]
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Filing 58
NOTICE of Deposition of Ryan Owens by Edna Allen, Vicki Allen-Hughes (Attachments: #1 Exhibit Exhibit A to Notice of Deposition)(Givens, Aubrey) Modified text on 2/23/2020 (KMK). [Transferred from tned on 4/1/2021.]
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Filing 57
NOTICE of Deposition of Mick Seidel by Edna Allen, Vicki Allen-Hughes (Attachments: #1 Exhibit Exhibit A to Notice of Deposition)(Givens, Aubrey) Modified text on 2/23/2020 (KMK). [Transferred from tned on 4/1/2021.]
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Filing 56
NOTICE of Deposition of Rachel Summers by Edna Allen, Vicki Allen-Hughes (Attachments: #1 Exhibit Exhibit A to Notice of Deposition)(Givens, Aubrey) Modified text on 2/23/2020 (KMK). [Transferred from tned on 4/1/2021.]
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Filing 55
RESPONSE to Statement of Material Facts re #48 MOTION for Partial Summary Judgment (Response to Plaintiffs' Material Facts in Dispute-Doc. No. #53) filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Other Excerpts from Pls' Depos)(Strittmatter, Ashley) Modified text on 2/18/2020 (KMK). [Transferred from tned on 4/1/2021.]
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Filing 54
REPLY to Response to Motion re #48 MOTION for Partial Summary Judgment filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit G-Supp. Excerpts from Edna Allen Depo, #2 Exhibit H-Supp. Excerpts from Vicki-Allen Hughes Depo, #3 Exhibit I-Excerpts from Defs' Supp. Resp. to 1st INTs & RFP, #4 Exhibit J-Boy Order)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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upon the agreement of counsel and approval of the Court, defendants shall have an extension of up to and including Friday, February 14, 2020, in which to file a reply brief in support of the Motion for Partial Summary Judgment Doc. #48. (JAN)[Transferred from tned on 4/1/2021.]
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Filing 53
Plaintiffs Material Facts in Dispute re Response in Opposition to #48 MOTION for Partial Summary Judgment filed by Edna Allen, Vicki Allen-Hughes. (Givens, Aubrey) Modified text on 1/27/2020 (AYB). [Transferred from tned on 4/1/2021.]
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Filing 52
RESPONSE to Statement of Material Facts re #50 Statement of Material Facts, #48 MOTION for Partial Summary Judgment filed by Edna Allen, Vicki Allen-Hughes. (Givens, Aubrey) [Transferred from tned on 4/1/2021.]
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Filing 51
RESPONSE in Opposition re #48 MOTION for Partial Summary Judgment filed by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
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Filing 50
STATEMENT of Material Facts re #48 MOTION for Partial Summary Judgment filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Holden, Jamie) [Transferred from tned on 4/1/2021.]
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Filing 49
MEMORANDUM in Support of Motion re #48 MOTION for Partial Summary Judgment filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Holden, Jamie) [Transferred from tned on 4/1/2021.]
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Filing 48
MOTION for Partial Summary Judgment by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A-TN Contract, #2 Exhibit B-SC Contract, #3 Exhibit C-VA Contract, #4 Exhibit D-Sheffer Hearing Excerpts, #5 Exhibit E-Aff. of Auth., #6 Exhibit F-Member's Directory Excerpts, #7 Exhibit G-Edna Allen Depo Excerpts, #8 Exhibit H-Vicki Allen-Hughes Depo Excerpts)(Holden, Jamie) [Transferred from tned on 4/1/2021.]
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Filing 47
REPLY to Response to Motion re #40 MOTION to Dismiss Third Amended Complaint filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Upon the agreement of counsel and approval of the Court, defendants shall have up to and including Thursday, November 7, 2019 in which to file reply briefs in support of the Motions to Dismiss filed by the Wyndham (JAN) [Transferred from tned on 4/1/2021.]
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Filing 46
NOTICE to Take Deposition of Vickie Allen-Hughes by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc..(Holden, Jamie) [Transferred from tned on 4/1/2021.]
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Filing 45
NOTICE to Take Deposition of Edna Allen by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc..(Holden, Jamie) [Transferred from tned on 4/1/2021.]
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Filing 44
RESPONSE to Motion re #40 MOTION to Dismiss Third Amended Complaint filed by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 Exhibit)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
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Filing 43
ORDER granting #42 Motion for Extension of Time to File Response/Reply. Plaintiffs shall have up to and including October 17, 2019, in which to respond to defendants' motion to dismiss. Signed by District Judge Thomas A Varlan on 9/25/19. (JBR) [Transferred from tned on 4/1/2021.]
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Filing 42
Unopposed MOTION for Extension of Time to File Response/Reply by Edna Allen, Vicki Allen-Hughes. (Givens, Aubrey) [Transferred from tned on 4/1/2021.]
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Filing 41
MEMORANDUM in Support of Motion re #40 MOTION to Dismiss Third Amended Complaint filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 40
MOTION to Dismiss Third Amended Complaint by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A-TN Contract, #2 Exhibit B-SC Contract, #3 Exhibit C-VA Contract, #4 Exhibit D-Sheffer Hearing Transcript, #5 Exhibit E-Boy Order)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 39
NOTICE by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re Meet and Confer (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 38
THIRD AMENDED COMPLAINT against All Defendants filed by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 Exhibit Exhibit A to Third Amended Complaint, #2 Exhibit Exhibit B to Third Amended Complaint)(Givens, Aubrey) Modified text on 8/28/2019 (AYB). [Transferred from tned on 4/1/2021.]
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Filing 37
ORDER granting #29 Plaintiffs' Motion to Amend Complaint. Plaintiffs SHALL file their operative Complaint in CM/ECF on or before August 28, 2019. Plaintiffs SHALL remove the jury demand in the amended Complaint per Plaintiffs' Notice [Doc. 36]. Signed by Magistrate Judge Debra C. Poplin on 8/22/2019. (This entry constitutes the complete Order of the Court). (AGA) [Transferred from tned on 4/1/2021.]
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Filing 36
NOTICE by Edna Allen, Vicki Allen-Hughes To Not Request a Jury Trial (Givens, Aubrey) [Transferred from tned on 4/1/2021.]
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Filing 35
ORDER re #29 MOTION to Amend Complaint: Plaintiffs SHALL file a notice within seven (7) days of entry of this Order explaining to the Court whether they intended to include a jury demand in the caption of their amended Complaint. At this time, the Court renders no opinion as to whether Plaintiffs are entitled to a jury trial. Signed by Magistrate Judge Debra C Poplin on August 14, 2019. (AYB) [Transferred from tned on 4/1/2021.]
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Filing 34
AGREED PROTECTIVE ORDER. Signed by District Judge Thomas A Varlan, ORDERED NUNC PRO TUNC November 28, 2018. (AYB) [Transferred from tned on 4/1/2021.]
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Filing 33
MEMORANDUM AND ORDER denying #22 Defendants' Motion for Discovery Sanctions. Signed by Magistrate Judge Debra C Poplin on May 15, 2019. (AYB) [Transferred from tned on 4/1/2021.]
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Filing 32
RESPONSE to Motion re #29 MOTION to Amend/Revise Complaint filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 31
NOTICE OF FILING re #29 MOTION to Amend/Revise Complaint by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 Exhibit Exhibit A to Proposed Amended Complaint, #2 Exhibit Exhibit B to Proposed Amended Complaint)(Givens, Aubrey) Modified text on 4/17/2019 (ADA). [Transferred from tned on 4/1/2021.]
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Filing 30
MEMORANDUM in Support of #29 MOTION to Amend/Revise Complaint filed by Edna Allen and Vicki Allen-Hughes. (separated from the original filing per the ECF User Manual)(ADA) [Transferred from tned on 4/1/2021.]
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Filing 29
MOTION to Amend/Revise Complaint by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 INCORRECTLY FILED AS AN ATTACHMENT SEE #30, #2 Other Proposed Amended Complaint)(Givens, Aubrey) Modified on 4/11/2019 (ADA). [Transferred from tned on 4/1/2021.]
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Filing 28
SCHEDULING ORDER: Bench Trial set for 6/2/2020 at 9:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A. Varlan.Signed by District Judge Thomas A. Varlan on 4/8/19. (ADA) [Transferred from tned on 4/1/2021.]
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Filing 27
REPLY to Response to Motion re #22 MOTION for Sanctions Defendants' Motion for Discovery Sanctions filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Morton, Jamie) [Transferred from tned on 4/1/2021.]
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Filing 26
ORDER ; This matter is before the Court on defendant's motions for judgment on the pleadings and motions to dismiss for failure to state a claim. Defendants' motions are therefore DISMISSED with leave to refile and it is hereby ORDERED that the defendants and the plaintiffs shall meet and confer to determine whether an amendment may cure a part or whole of the deficient pleading. Furthermore, any motions filed by plaintiffs requesting an extension for time to file a response to defendants' motions for judgment on the pleadings are MOOT. Signed by Chief District Judge Thomas A. Varlan on 12/20/18. (ADA) Modified on 12/20/2018 to note c/m to Kevin R. Bryant Law Office of Kevin R. Bryant 69 Woodmore Mall Suite 101 Crossville, TN 38555 (ADA). [Transferred from tned on 4/1/2021.]
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upon the request of counsel for an extension of time, and approval of the Court, defendants Wyndham Worldwide Operations, Inc., Wyndham Vacation Resorts, Inc., and Wyndham Vacation Ownership, Inc., shall have up to and including Friday, December 21, 2018 to reply to plaintiffs' responses to the Motions for Discovery Sanctions. (JAN, ) [Transferred from tned on 4/1/2021.]
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Filing 25
RESPONSE in Opposition re #22 MOTION for Sanctions Defendants' Motion for Discovery Sanctions filed by Edna Allen, Vicki Allen-Hughes. (Attachments: #1 Exhibit A - Unsworn stmt of K. Mosher, #2 Exhibit B - Deposition calendar, #3 Exhibit C - Podesta ltr 9.27.18, #4 Exhibit D - Givens 10.2.18 cover email, #5 Exhibit E - Givens 10.4.18 cover email, #6 Exhibit F - Givens 10.15.18 ltr, #7 Exhibit G - Podesta no reply email, #8 Exhibit H - Givens 10.15.18 objections ltr, #9 Exhibit I - Givens 10.16.18 conflicts ltr, #10 Exhibit J - Podesta 10.16.18 catch-all ltr, #11 Exhibit K - Givens 10.16.18 email, #12 Exhibit L - Podesta 10.19.18 email)(Fecteau Mosher, Kristin) [Transferred from tned on 4/1/2021.]
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Filing 24
Unopposed MOTION for Extension of Time to File Response/Reply by Edna Allen, Vicki Allen-Hughes. (Fecteau Mosher, Kristin) [Transferred from tned on 4/1/2021.]
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Filing 23
Unopposed MOTION for Protective Order by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Attachments: #1 Exhibit Proposed Order)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 22
MOTION for Sanctions Defendants' Motion for Discovery Sanctions by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Attachments: #1 Exhibit A - Plaintiffs' Rule 26 Initial Disclosures, #2 Exhibit B - Affidavit of Eugene Joseph Podesta, #3 Exhibit C - Plaintiffs' First Amended Rule 26 Disclosures, #4 Exhibit D - October 19, 2018 e-mail, #5 Exhibit E - October 19, 2018 response letter, #6 Exhibit F - October 23, 2018 e-mail)(Morton, Jamie) [Transferred from tned on 4/1/2021.]
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Filing 21
MEMORANDUM in Support of Motion re #20 MOTION for Judgment on the Pleadings filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Podesta, Eugene) [Transferred from tned on 4/1/2021.]
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Filing 20
MOTION for Judgment on the Pleadings by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Podesta, Eugene) [Transferred from tned on 4/1/2021.]
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Filing 19
NOTICE of Appearance by Sye Thomas Hickey on behalf of Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc. (Hickey, Sye) [Transferred from tned on 4/1/2021.]
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Filing 18
NOTICE of Appearance by Jamie Ballinger Holden on behalf of Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc. (Holden, Jamie) [Transferred from tned on 4/1/2021.]
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Filing 17
ORDER granting #16 Motion for Extension of Time to Answer Discovery. Signed by Magistrate Judge Debra C. Poplin on 10/10/2018. (This entry constitutes the complete Order of the Court.) (AGA) [Transferred from tned on 4/1/2021.]
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Filing 16
MOTION for Extension of Time to Complete Discovery by Edna Allen, Vicki Allen-Hughes. (Fecteau Mosher, Kristin) [Transferred from tned on 4/1/2021.]
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Filing 15
REPORT of Rule 26(f) Planning Meeting. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 14
NOTICE OF NONCONSENT (Joint) to Magistrate Judge by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 13
ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by Chief District Judge Thomas A. Varlan on 7/23/18. (Attachments: #1 Other Notice of Consent/Non-Consent to Magistrate Judge) (ADA) [Transferred from tned on 4/1/2021.]
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Filing 12
ANSWER to Complaint (Second Amended) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc..(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 11
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: #http://www.tned.uscourts.gov/content/attorney-ecf-registration-form. Signed by Magistrate Judge Debra C. Poplin on 7/12/2018. (This entry constitutes the complete Order of the Court.) (AGA) [Transferred from tned on 4/1/2021.]
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Filing 10
MOTION for Leave to Appear Pro Hac Vice for Eugene Podesta ( Filing fee $ 90 receipt number 0649-3713860.) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Attachments: #1 Other Good Standing Certificates)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Clerk's Verification of PHV Requirements is complete regarding document: #10 MOTION for Leave to Appear Pro Hac Vice for Eugene Podesta ( Filing fee $ 90 receipt number 0649-3713860.) filed by Wyndham Worldwide Operations, Inc., Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (ADA) [Transferred from tned on 4/1/2021.]
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Filing 9
STIPULATION of Extension of Time by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 8
Certificate of Corporate Interest by Wyndham Worldwide Operations, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 7
Certificate of Corporate Interest by Wyndham Vacation Ownership, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 6
Certificate of Corporate Interest by Wyndham Vacation Resorts, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Filing 5
Order Governing Sealing Confidential Information. Signed by Chief District Judge Thomas A Varlan on 06/29/2018. (AMP) [Transferred from tned on 4/1/2021.]
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Filing 4
Order Governing Motions To Dismiss. Signed by Chief District Judge Thomas A Varlan on 06/29/2018. (AMP) [Transferred from tned on 4/1/2021.]
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Filing 3
Order Governing Depositions. Signed by Chief District Judge Thomas A Varlan on 06/29/2018. (AMP) [Transferred from tned on 4/1/2021.]
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Filing 2
NOTICE of Deficiency (Pro Hac). Attorney Eugene J Podesta, Jr, is not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. A form motion can be found here: http://www.tned.uscourts.gov/docs/pro_hac_vice.pdf. (AMP) [Transferred from tned on 4/1/2021.]
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Filing 1
NOTICE OF REMOVAL from Sevier Co. Chancery Court, case number 18-1-001. (Filing fee $ 400 receipt number 0649-3707580), filed by Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc., Wyndham Vacation Ownership, Inc.. (Attachments: #1 Exhibit A-Part 1 of State Court File, #2 Exhibit A-Part 2 of State Court File, #3 Exhibit A-Part 3 of State Court File, #4 Exhibit A-Part 4 of State Court File, #5 Exhibit A-Part 5 of State Court File, #6 Exhibit A-Part 6 of State Court File, #7 Exhibit A-Part 7 of State Court File, #8 Exhibit A-Part 8 of State Court File, #9 Exhibit A-Part 9 of State Court File, #10 Exhibit A-Part 10 of State Court File, #11 Exhibit A-Part 11 of State Court File, #12 Exhibit A-Part 12 of State Court File, #13 Exhibit A-Part 13 of State Court File, #14 Exhibit B-State Court Notice of Filing, #15 Other Civil Cover Sheet)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
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Chief District Judge Thomas A Varlan and Magistrate Judge Debra C Poplin added. (AMP) [Transferred from tned on 4/1/2021.]
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NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., and Wyndham Worldwide Operations, Inc. (AMP) [Transferred from tned on 4/1/2021.]
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