Bauer et al v. Wyndham Vacation Resorts, Inc. et al (TV1)
Plaintiff: Linda Bauer and Tracy Hoopingarner
Defendant: Wyndham Worldwide Operations Inc, Wyndham Vacation Resorts Inc. and Wyndham Vacation Ownership, Inc.
Case Number: 6:2021cv00585
Filed: March 31, 2021
Court: US District Court for the Middle District of Florida
Office: Orlando Office
Presiding Judge: Daniel C Irick
Referring Judge: Gregory J Kelly
2 Judge: Gregory A Presnell
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2021 Opinion or Order Filing 164 ORDER dismissing case without prejudice re #163 Notice of settlement. All pending motions are denied as moot. The Clerk is directed to close the case. Signed by Judge Gregory A. Presnell on 11/2/2021. (LAM)
November 1, 2021 Opinion or Order Filing 163 NOTICE of settlement by Linda Bauer (Hackett, Donald)
November 1, 2021 Opinion or Order Filing 162 NOTICE of hearing on motion re #145 MOTION to Compel Discovery . Motion Hearing set for 11/16/2021 at 10:00 AM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. The parties shall immediately notify the Court if they resolve all or a part of the pending motions set for hearing.(ECJ)
October 29, 2021 Opinion or Order Filing 161 NOTICE of withdrawal of motion by Linda Bauer re #156 MOTION for Sanctions and Leave to File Exhibit Under Seal filed by Linda Bauer (Hackett, Donald)
October 25, 2021 Opinion or Order Filing 160 MILBURN ORDER re #159 MOTION for Summary Judgment and Legal Memorandum in Support filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc. Plaintiff will be allowed until November 24, 2021, to file a responsive memorandum. Defendants may file a reply brief, not exceeding ten (10) pages, within fourteen (14) days after the response is served. The parties shall electronically file all exhibits in support of their papers. The parties will be advised if paper copies of any or all exhibits will be required. The Court prefers transcripts in full-page format. Signed by Judge Gregory A. Presnell on 10/25/2021. (LAM)
October 25, 2021 Opinion or Order Set deadline as to #159 MOTION for Summary Judgment and Legal Memorandum in Support. Responsive memorandum due by 11/24/2021 (TNP)
October 22, 2021 Opinion or Order Filing 159 MOTION for Summary Judgment and Legal Memorandum in Support by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A-FL Contract, #2 Exhibit B-Bauer Depo Excerpts, #3 Exhibit C-Late-Filed Exh. 2 to Bauer Depo, #4 Exhibit D-Bauer 2nd Depo Excerpts, #5 Exhibit E-Points History)(Strittmatter, Ashley)
October 18, 2021 Opinion or Order Filing 158 ENDORSED ORDER striking from the docket #154 Motion for Summary Judgment and #155 Memorandum in Support for failing to comply with the page limit and document format requirements of Local Rule 3.01(a). Defendants shall have until 10/22/2021 to file a compliant motion. Signed by Judge Gregory A. Presnell on 10/18/2021. (AMP)
October 18, 2021 Opinion or Order Filing 157 ORDER granting in part and denying in part #142 Motion to Dismiss for Failure to State a Claim. Signed by Judge Gregory A. Presnell on 10/18/2021. (AMP)
October 15, 2021 Opinion or Order Filing 156 MOTION for Sanctions and Leave to File Exhibit Under Seal by Linda Bauer. (Hackett, Donald)
October 15, 2021 Opinion or Order Filing 155 MEMORANDUM in support re #154 Motion for Summary Judgment filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Strittmatter, Ashley)
October 15, 2021 Opinion or Order Filing 154 MOTION for Summary Judgment by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A-FL Contract, #2 Exhibit B-Bauer Depo Excerpts, #3 Exhibit C-Excerpts from Exh. 2 to Bauer Depo, #4 Exhibit D-Bauer 2nd Depo Excerpts, #5 Exhibit E-Points History)(Strittmatter, Ashley)
October 7, 2021 Opinion or Order Filing 153 Joint STIPULATION for Agreed Protective Order by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc. (Ballinger, Jamie) Modified text on 10/8/2021 (TNP).
September 27, 2021 Opinion or Order Filing 152 REPLY in Support of Motion re #145 MOTION to Compel Discovery filed by Linda Bauer. (Hackett, Donald) Modified text on 9/28/2021 (MEJ).
September 27, 2021 Opinion or Order Filing 151 NOTICE of Deposition of Plaintiff Linda Bauer by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc. (Ballinger, Jamie) Modified on 9/28/2021 (MEJ).
September 21, 2021 Opinion or Order Filing 150 ENDORSED ORDER granting #149 Motion for Leave to File Reply re Motion to Compel. A seven-page reply is due by 9/27/2021. Signed by Magistrate Judge Daniel C. Irick on 9/21/2021. (Irick, Daniel)
September 21, 2021 Opinion or Order Set/reset deadlines/hearings: Reply to #148 Response in Opposition due by 9/27/2021. (MEJ)
September 20, 2021 Opinion or Order Filing 149 MOTION for Leave to File Reply re #148 Response in Opposition to Motion to Compel by Linda Bauer. (Hackett, Donald) Modified text on 9/21/2021 (MEJ).
September 15, 2021 Opinion or Order Filing 148 RESPONSE in Opposition re #145 MOTION to Compel Discovery filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Longnecker, Joy)
September 15, 2021 Opinion or Order Filing 147 ORDER denying #141 Motion for Protective Order. Signed by Magistrate Judge Daniel C. Irick on 9/15/2021. ctp (KKA)
September 7, 2021 Opinion or Order Filing 146 RESPONSE in Opposition re #142 MOTION to Dismiss for Failure to State a Claim (Partial) filed by Linda Bauer. (Attachments: #1 Exhibit)(Hackett, Donald)
September 1, 2021 Opinion or Order Filing 145 MOTION to Compel Discovery by Linda Bauer. (Attachments: #1 Exhibit Defendants' Discovery Responses, #2 Exhibit Defendants First Discovery Requests, #3 Exhibit Defendants 2nd Requests for Productions, #4 Exhibit Defendants Request for Admissions)(Hackett, Donald) Motions referred to Magistrate Judge Daniel C. Irick.
August 27, 2021 Opinion or Order Filing 144 RESPONSE in Opposition re #141 MOTION for Protective Order filed by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit Deposition of Linda Bauer, #2 Exhibit Order, #3 Exhibit Order)(Hackett, Donald)
August 16, 2021 Opinion or Order Filing 143 MEMORANDUM in support re #142 Motion to Dismiss for Failure to State a Claim filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Strittmatter, Ashley)
August 16, 2021 Opinion or Order Filing 142 MOTION to Dismiss for Failure to State a Claim (Partial) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A-FL Contract No. 00040-1501697)(Strittmatter, Ashley)
August 13, 2021 Opinion or Order Filing 141 MOTION for Protective Order by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A-February 19, 2020 E-Mail, #2 Exhibit B-Obj. to Pls Depo Notices, #3 Exhibit C-Discovery Dispute Chart, #4 Exhibit D-Pls Notice of 30(b)(6) Depo, #5 Exhibit E-Bauer Depo Excerpts, #6 Exhibit F-Points History Excerpts, #7 Exhibit G-Florida Contract, #8 Exhibit H-Lint Order)(Strittmatter, Ashley) Motions referred to Magistrate Judge Daniel C. Irick.
August 8, 2021 Opinion or Order Filing 140 ENDORSED ORDER denying without prejudice #138 Motion for Clarification, in which "Defendants seek clarification of the Court's position on [certain] issues" related to discovery. Without a ripe dispute, the Court will not generally provide its position on the parties' discovery issues. Discovery is open until 10/15/2021. If during the discovery period a party has a ripe discovery dispute, it may file a discovery motion. Signed by Magistrate Judge Daniel C. Irick on 8/8/2021. (Irick, Daniel)
August 2, 2021 Opinion or Order Filing 139 AMENDED COMPLAINT Fourth against Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc., Wyndham Worldwide Operations Inc filed by Linda Bauer.(Hackett, Donald)
July 30, 2021 Opinion or Order Filing 138 MOTION for Clarification re #131 Case Management and Scheduling Order by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Strittmatter, Ashley) Modified text on 8/2/2021 (MEJ).
July 29, 2021 Opinion or Order Set/reset deadlines/hearings: Amended Complaint due by 8/2/2021 (MEJ)
July 28, 2021 Opinion or Order Filing 137 ORDER granting #132 Motion to Amend. Plaintiffs shall file a copy of the proposed amended complaint attached to their reply brief (Doc. 135-1) as a separate docket entry by August 2, 2021. Signed by Judge Gregory A. Presnell on 7/28/2021. (MJB)
July 27, 2021 Opinion or Order Filing 135 REPLY in Support of Motion re #132 MOTION to Amend #39 Amended Complaint filed by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit)(Hackett, Donald) Modified text on 7/27/2021 (MEJ).
July 21, 2021 Opinion or Order Filing 134 RESPONSE in Opposition re #132 MOTION to Amend #39 Amended Complaint filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Strittmatter, Ashley)
July 14, 2021 Opinion or Order Filing 133 NOTICE OF SELECTION of Rick Joyce as mediator by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc..(Ballinger, Jamie)
July 7, 2021 Opinion or Order Filing 132 MOTION to Amend #39 Amended Complaint by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit Proposed Amended Complaint)(Hackett, Donald)
July 1, 2021 Opinion or Order Set/reset scheduling order deadlines: Discovery due by 9/1/2021 Pretrial statement due by 1/14/2022 All other motions due by 1/21/2022 (MEJ)
June 30, 2021 Opinion or Order Filing 131 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 1/14/2022, Final Pretrial Conference set for 2/10/2022 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Bench Trial set for 3/1/2022 at 09:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Conduct mediation hearing by 12/1/2021. Lead counsel to coordinate dates. Signed by Judge Gregory A. Presnell on 6/30/2021. (LAM)
June 30, 2021 Opinion or Order Set/reset scheduling order deadlines: Amended Pleadings due by 7/7/2021 Dispositive motions due by 10/15/2021 (MEJ)
June 29, 2021 Opinion or Order Filing 130 ORDER re #129 Case Management Report. A deadline for moving to join a party or to amend the pleadings should be set, and the deadline should be July 7, 2021. A deadline for dispositive motions should be set following the close of discovery, and the deadline should be October 15, 2021. A case management and scheduling order setting forth the remaining case deadlines will follow this Order. See Order. Signed by Magistrate Judge Daniel C. Irick on 6/29/2021. (RN)
June 11, 2021 Opinion or Order Filing 129 Revised CASE MANAGEMENT REPORT. (Strittmatter, Ashley) Modified text on 6/11/2021 (MEJ).
June 4, 2021 Opinion or Order Set deadlines: Revised Case management report due by 6/11/2021 (SPM)
June 4, 2021 Opinion or Order Filing 128 ENDORSED ORDER denying #122 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)
June 4, 2021 Opinion or Order Filing 127 ENDORSED ORDER granting #125 Motion to Excuse Counsel from Appearance at Hearing. Signed by Magistrate Judge Daniel C. Irick on 6/4/2021. (Irick, Daniel)
June 3, 2021 Opinion or Order Filing 126 Minute Entry. Virtual Proceedings held before Magistrate Judge Daniel C. Irick: STATUS CONFERENCE held via Zoom on 6/3/2021. (Digital) (RN)
June 3, 2021 Opinion or Order Filing 125 Consent MOTION for Excusal of Sye Hickey from Attending Status Conference by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Strittmatter, Ashley) Modified text on 6/4/2021 (MEJ).
May 27, 2021 Opinion or Order Filing 124 CASE MANAGEMENT REPORT. (Strittmatter, Ashley)
May 27, 2021 Opinion or Order Filing 123 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)
May 25, 2021 Opinion or Order Filing 122 MOTION to Stay by Linda Bauer, Tracy Hoopingarner. (Hackett, Donald)
May 25, 2021 Opinion or Order Filing 121 Case Reassigned to Magistrate Judge Daniel C. Irick. New case number: 6:21-cv-00585-GAP-DCI. Magistrate Judge Gregory J. Kelly no longer assigned to the case. (ALL)
May 24, 2021 Opinion or Order Filing 120 ORDER reassigning the magistrate judge in this case to the Honorable Daniel C. Irick pursuant to Local Rule 1.07(a)(2)(A). Signed by Judge Gregory A. Presnell on 5/24/2021. (LAM)
May 21, 2021 Opinion or Order Filing 119 CERTIFICATE of interested persons and corporate disclosure statement by Wyndham Vacation Resorts Inc.. (Strittmatter, Ashley)
May 21, 2021 Opinion or Order Filing 118 CERTIFICATE of interested persons and corporate disclosure statement by Wyndham Vacation Ownership, Inc.. (Strittmatter, Ashley)
May 21, 2021 Opinion or Order Filing 117 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)
May 20, 2021 Opinion or Order Filing 116 NOTICE of a related action per Local Rule 1.07(c) by Linda Bauer, Tracy Hoopingarner. Related case(s): Yes (Hackett, Donald)
May 20, 2021 Opinion or Order Filing 115 CERTIFICATE of interested persons and corporate disclosure statement by Linda Bauer, Tracy Hoopingarner. (Hackett, Donald)
May 13, 2021 Opinion or Order Filing 114 ENDORSED ORDER granting #110 SECOND AMENDED MOTION FOR JAMIE BALLINGER TO APPEAR PRO HAC VICE, WRITTEN DESIGNATION AND CONSENT TO ACT, ANDREQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING ; granting #111 SECOND AMENDED MOTION FOR SYE T. HICKEY TO APPEAR PRO HAC VICE, WRITTEN DESIGNATION AND CONSENT TO ACT, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING ; granting #112 SECOND AMENDED MOTION FOR JOY BOYD LONGNECKER TO APPEAR PRO HAC VICE, WRITTEN DESIGNATION AND CONSENT TO ACT, ANDREQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING ; granting #113 SECOND AMENDED MOTION FOR ASHLEY MEREDITH STRITTMATTER TO APPEAR PRO HAC VICE, WRITTEN DESIGNATION AND CONSENT TO ACT, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING. Counsel shall register for and use the electronic filing system as adopted by the Court. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Counsel must take the tutorial offered on the Middle District of Florida's website before using the CM/ECF system.. Signed by Magistrate Judge Thomas B. Smith on 5/13/2021. (HMK)
May 10, 2021 Opinion or Order Filing 113 Second MOTION for Ashley Meredith Strittmatter to appear pro hac vice by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A-Acknowledgement, #2 Exhibit B-Oath on Admission)(Talley, James) Motions referred to Magistrate Judge Gregory J. Kelly.
May 10, 2021 Opinion or Order Filing 112 Second MOTION for Joy Boyd Longnecker to appear pro hac vice by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A-Acknowledgement, #2 Exhibit B-Oath on Admission)(Talley, James) Motions referred to Magistrate Judge Gregory J. Kelly.
May 10, 2021 Opinion or Order Filing 111 Second MOTION for Sye T. Hickey to appear pro hac vice by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A-Acknowledgement, #2 Exhibit B-Oath on Admission)(Talley, James) Motions referred to Magistrate Judge Gregory J. Kelly.
May 10, 2021 Opinion or Order Filing 110 Second MOTION for Jamie Ballinger to appear pro hac vice by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A-Acknowledgement, #2 Exhibit B-Oath on Admission)(Talley, James) Motions referred to Magistrate Judge Gregory J. Kelly.
May 10, 2021 Opinion or Order Filing 109 NOTICE of Appearance by Donald Sheridan Hackett, III on behalf of Linda Bauer, Tracy Hoopingarner (Hackett, Donald)
April 30, 2021 Opinion or Order Filing 108 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 2.01(c)(1) #104 AMENDED MOTION FOR JAMIE BALLINGER TO APPEAR PRO HAC VICE,WRITTEN DESIGNATION AND CONSENT TO ACT, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING ; denying without prejudice for failure to comply with Local Rule 2.01(c)(1)#105 AMENDED MOTION FOR SYE T. HICKEY TO APPEAR PRO HAC VICE,WRITTEN DESIGNATION AND CONSENT TO ACT, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING ; denying without prejudice for failure to comply with Local Rule 2.01(c)(1) #106 AMENDED MOTION FOR JOY BOYD LONGNECKER TO APPEAR PRO HAC VICE, WRITTEN DESIGNATION AND CONSENT TO ACT, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING ; denying without prejudice for failure to comply with Local Rule 2.01(c)(1) #107 AMENDED MOTION FOR ASHLEY MEREDITH STRITTMATTER TO APPEAR PRO HAC VICE, WRITTEN DESIGNATION AND CONSENT TO ACT, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OFELECTRONIC FILING. The Motions fail to affirmatively state that each applicant is "not a member in good standing of The Florida Bar" as required by Local Rule 2.01(c)(1). Signed by Magistrate Judge Gregory J. Kelly on 4/30/2021. (HMK)
April 29, 2021 Opinion or Order Filing 107 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 Gregory J. Kelly.
April 29, 2021 Opinion or Order Filing 106 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 Gregory J. Kelly.
April 29, 2021 Opinion or Order Filing 105 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 Gregory J. Kelly.
April 29, 2021 Opinion or Order Filing 104 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 Gregory J. Kelly.
April 21, 2021 Opinion or Order Filing 103 ENDORSED ORDER denying for failure to comply with Local Rule 2.01(c)#99 MOTION FOR JAMIE BALLINGER TO APPEAR PRO HAC VICE, WRITTEN DESIGNATION AND CONSENT TO ACT, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING ; denying for failure to comply with Local Rule 2.01(c)#100 MOTION FOR SYE T. HICKEY TO APPEAR PRO HAC VICE, WRITTEN DESIGNATION AND CONSENT TO ACT, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING ; denying for failure to comply with Local Rule 2.01(c) #101 MOTION FOR JOY BOYD LONGNECKER TO APPEAR PRO HAC VICE, WRITTEN DESIGNATION AND CONSENT TO ACT, AND REQUEST TOELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING; denying for failure to comply with Local Rule 2.01(c) #102 MOTION FOR ASHLEY MEREDITH STRITTMATTER TO APPEAR PRO HAC VICE, WRITTEN DESIGNATION AND CONSENT TO ACT, AND REQUESTTO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING. Signed by Magistrate Judge Gregory J. Kelly on 4/21/2021. (HMK)
April 21, 2021 Opinion or Order Filing 102 MOTION for Ashley Meredith Strittmatter to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18162501 for $150 by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Gregory J. Kelly.
April 21, 2021 Opinion or Order Filing 101 MOTION for Joy Boyd Longnecker to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18162447 for $150 by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Gregory J. Kelly.
April 21, 2021 Opinion or Order Filing 100 MOTION for Sye T. Hickey to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18162353 for $150 by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Gregory J. Kelly.
April 21, 2021 Opinion or Order Filing 99 MOTION for Jamie Ballinger to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18162301 for $150 by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts Inc.. (Talley, James) Motions referred to Magistrate Judge Gregory J. Kelly.
April 1, 2021 Opinion or Order Filing 98 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)
April 1, 2021 Opinion or Order Filing 97 TRANSFER IN from the Eastern District of Tennessee. Case assigned to District Judge Gregory A. Presnell and Magistrate Judge Gregory J. Kelly. New Case Number: 6:21-cv-00585-GAP-GJK. (ALL)
April 1, 2021 Opinion or Order Filing 96 Case transferred in from District of Tennessee Eastern; Case Number 3:18-cv-00262. File received electronically
March 31, 2021 Opinion or Order Filing 95 ORDER: Defendants' motion to dismiss #42 is GRANTED in part and DENIED in part. Additionally, defendants motion for summary judgment #63 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 Courts file. Signed by District Judge Thomas A Varlan on 3/31/21. (ABF) [Transferred from tned on 4/1/2021.]
March 31, 2021 Opinion or Order Filing 94 MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge Thomas A Varlan on 3/31/21. (ABF) [Transferred from tned on 4/1/2021.]
March 31, 2021 Opinion or Order Case transferred to District of Middle District of FL. Certified copy of transfer order, and docket sheet sent. (ABF) [Transferred from tned on 4/1/2021.]
March 18, 2021 Opinion or Order Filing 93 ORDER: Plaintiffs Motion to Compel and Motion for Sanctions #72 is GRANTED IN PART AND DENIED IN PART and Defendants Motion for Protective Order #86 is DENIED. Signed by Magistrate Judge Debra C Poplin on 3/18/21. (ABF) [Transferred from tned on 4/1/2021.]
February 4, 2021 Opinion or Order Filing 92 NOTICE by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. of Issuance and Service of Subpoenas (Hickey, Sye) [Transferred from tned on 4/1/2021.]
February 3, 2021 Opinion or Order Filing 91 ORDER granting #90 Motion to Continue. Bench Trial reset for 9/21/2021 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Any unexpired scheduling deadlines as of the time of the filing of the motion #90 shall be applied as calculated from the new trial date and according to the same time limitations set forth in the Courts original Scheduling Order [Doc. 26]. Signed by District Judge Thomas A Varlan on 2/3/21. (ABF) [Transferred from tned on 4/1/2021.]
February 1, 2021 Opinion or Order Filing 90 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.]
January 29, 2021 Opinion or Order Filing 89 REPLY to Response to Motion re #72 MOTION to Compel filed by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit Smith v. Bluegreen, #2 Exhibit Deposition Excerpt, #3 Exhibit Deposition Excerpt, #4 Exhibit Deposition Excerpt, #5 Exhibit Deposition Excerpt)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
January 22, 2021 Opinion or Order Filing 88 RESPONSE to Statement of Material Facts re #77 Statement of Material Facts filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
January 22, 2021 Opinion or Order Filing 87 REPLY to Response to Motion re #63 MOTION for Partial Summary Judgment filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit K-Boy Order, #2 Exhibit L-Excerpt from Wyndham Discovery Resp., #3 Exhibit M-McKnelly Order, #4 Exhibit N-Stoddard Order, #5 Exhibit O-Matthews Hearing Excerpts, #6 Exhibit P-Matthews Order)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
January 22, 2021 Opinion or Order Filing 86 RESPONSE to Motion re #72 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-Bauer Depo Excerpts, #6 Exhibit F-Hoopingarner Depo Excerpts, #7 Exhibit G-Points History Excerpts, #8 Exhibit H-Contracts, #9 Exhibit I-Lint Order)(Holden, Jamie) [Transferred from tned on 4/1/2021.]
January 14, 2021 Opinion or Order Filing 85 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.]
January 14, 2021 Opinion or Order Filing 84 Notice of Attorney Withdrawal Attorney Eugene J Podesta, Jr terminated. (Podesta, Eugene) [Transferred from tned on 4/1/2021.]
January 8, 2021 Opinion or Order Filing 83 ORDER LIFTING STAY: Bench Trial set for 6/1/2021 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Any unexpired scheduling deadlines as of the time of the stay of this matter #74 shall be applied as calculated from the new trial date and according to the same time limitations set forth in the Courts original Scheduling Order #26.Signed by District Judge Thomas A Varlan on 1/8/21. (ABF) [Transferred from tned on 4/1/2021.]
January 8, 2021 Opinion or Order Filing 82 ORDER REFERRING MOTION: #72 MOTION to Compel filed by Tracy Hoopingarner, Linda Bauer referred to the Honorable Debra C. Poplin, USMJ. Signed by District Judge Thomas A Varlan on 1/8/21. (ABF) [Transferred from tned on 4/1/2021.]
September 2, 2020 Opinion or Order Filing 81 STATUS REPORT (Joint) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
August 28, 2020 Opinion or Order Filing 80 REPORT of Mediation By Rule 31 Mediator(JAN) [Transferred from tned on 4/1/2021.]
June 17, 2020 Opinion or Order Filing 79 ORDER granting #78 Unopposed Motion to Conduct Mediation Via Telephone or Videoconferencing. The Court strongly encourages the parties to utilize videoconferencing. Signed by Magistrate Judge Debra C. Poplin on 6/17/2020. (This entry constitutes the complete Order of the Court). (AGA) [Transferred from tned on 4/1/2021.]
June 3, 2020 Opinion or Order Filing 78 Unopposed MOTION to Conduct Mediation via Telephone or Videoconferencing by Linda Bauer, Tracy Hoopingarner. (Givens, Aubrey) Modified text on 6/3/2020 (JBR). [Transferred from tned on 4/1/2021.]
May 1, 2020 Opinion or Order Filing 77 STATEMENT of Material Facts re #63 MOTION for Partial Summary Judgment filed by Linda Bauer, Tracy Hoopingarner. (Givens, Aubrey) [Transferred from tned on 4/1/2021.]
May 1, 2020 Opinion or Order Filing 76 RESPONSE to Statement of Material Facts re #65 Statement of Material Facts filed by Linda Bauer, Tracy Hoopingarner. (Givens, Aubrey) [Transferred from tned on 4/1/2021.]
May 1, 2020 Opinion or Order Filing 75 RESPONSE in Opposition re #63 MOTION for Partial Summary Judgment filed by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit Letter From Defendant, #2 Summons Letter From Plaintiff, #3 Exhibit Unsworn Declaration, #4 Other Bauer Deposition, #5 Other Hoopingarner Deposition)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
April 30, 2020 Opinion or Order Filing 74 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.]
April 29, 2020 Opinion or Order Filing 73 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.]
April 29, 2020 Opinion or Order Filing 72 MOTION to Compel by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit A, #2 Summons B)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
April 17, 2020 Opinion or Order Filing 71 NOTICE by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. of Subpoena to Mortgage Wellness Solutions (Attachments: #1 Other Subpoena to Mortgage Wellness Solutions)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
April 17, 2020 Opinion or Order Filing 70 NOTICE by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. of Subpoena to Charles Simerka (Attachments: #1 Other Subpoena to Charles Simerka)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
April 15, 2020 Opinion or Order Filing 69 ORDER re: Discovery Dispute. Signed by Magistrate Judge Debra C Poplin on 4/15/20. (ABF) [Transferred from tned on 4/1/2021.]
April 3, 2020 Opinion or Order Filing 68 ORDER granting #66 Motion for Extension of Time to File Response/Reply. Plaintiffs shall have up to and including May 1, 2020, in which to respond to defendants motion for partial summary judgment. Signed by District Judge Thomas A Varlan on 4/3/20. (ABF) [Transferred from tned on 4/1/2021.]
April 2, 2020 Opinion or Order Filing 67 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.]
March 30, 2020 Opinion or Order Filing 66 Unopposed MOTION for Extension of Time to File Response/Reply as to #65 Statement of Material Facts, #63 MOTION for Partial Summary Judgment, #64 Memorandum in Support of Motion by Linda Bauer, Tracy Hoopingarner. (Givens, Aubrey) [Transferred from tned on 4/1/2021.]
March 27, 2020 Opinion or Order Filing 65 STATEMENT of Material Facts re #63 MOTION for Partial Summary Judgment filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Strittmatter, Ashley) Modified text on 3/30/2020 (AYB). [Transferred from tned on 4/1/2021.]
March 27, 2020 Opinion or Order Filing 64 MEMORANDUM in Support of #63 MOTION for Partial Summary Judgment filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Strittmatter, Ashley) Modified text on 3/30/2020 (AYB). [Transferred from tned on 4/1/2021.]
March 27, 2020 Opinion or Order Filing 63 MOTION for Partial Summary Judgment by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A-2012 Contract, #2 Exhibit B-2015 Contract, #3 Exhibit C-Points History, #4 Exhibit D-Exc. from Exh. 2 to L. Bauer Depo, #5 Exhibit E-Exc. from 2011-2012 Mem. Dir., #6 Exhibit F-Exc. from Pls Disc, Resp., #7 Exhibit G-Exc. from 2014-2015 Mem. Dir., #8 Exhibit H-L. Bauer Depo Exc., #9 Exhibit I-T. Hoopingarner Depo Exc., #10 Exhibit J-Owens Dec.) (Strittmatter, Ashley) Modified event type on 3/30/2020 (AYB). [Transferred from tned on 4/1/2021.]
March 27, 2020 Opinion or Order 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.]
March 2, 2020 Opinion or Order Filing 62 SUPPLEMENT to #61 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.]
February 28, 2020 Opinion or Order Filing 61 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.]
February 21, 2020 Opinion or Order Filing 60 NOTICE of Deposition of Ryan Owens by Linda Bauer, Tracy Hoopingarner (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.]
February 21, 2020 Opinion or Order Filing 59 NOTICE of Deposition of Rachel Summers by Linda Bauer, Tracy Hoopingarner (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.]
February 21, 2020 Opinion or Order Filing 58 NOTICE of Deposition of Mick Seidel by Linda Bauer, Tracy Hoopingarner (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.]
January 21, 2020 Opinion or Order Filing 57 NOTICE to Take Deposition of Tracy Hoopingarner by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc..(Holden, Jamie) [Transferred from tned on 4/1/2021.]
January 21, 2020 Opinion or Order Filing 56 NOTICE to Take Deposition of Linda Bauer by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc..(Holden, Jamie) [Transferred from tned on 4/1/2021.]
January 16, 2020 Opinion or Order Filing 55 ORDER: The Court GRANTS the parties motion #54 to the extent that it is ORDERED that the trial, previously scheduled for June 23, 2020, at 9:00 a.m., is CANCELLED and is RESCHEDULED for Tuesday, August 25, 2020, at 9:00 a.m. Any deadlines that are unexpired as of the time of the filing of the instant motion #54 shall be applied as calculated from the new trial date and according to the same time limitations set forth in the Courts original Scheduling Order #26. Signed by District Judge Thomas A Varlan on 1/16/20. (ABF) [Transferred from tned on 4/1/2021.]
January 16, 2020 Opinion or Order Reset Hearings: Bench Trial set for 8/25/2020 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan per Order #55. (ABF) [Transferred from tned on 4/1/2021.]
January 14, 2020 Opinion or Order Filing 54 Joint MOTION Modify Scheduling Order re #26 Scheduling Order, by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1-E-Mail Exchange, #2 Exhibit 2-Proposed Agreed Order)(Holden, Jamie)[Transferred from tned on 4/1/2021.]
December 13, 2019 Opinion or Order Filing 53 NOTICE to Take Deposition of Tracy Hoopingarner (Amended) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc..(Holden, Jamie) [Transferred from tned on 4/1/2021.]
December 13, 2019 Opinion or Order Filing 52 NOTICE to Take Deposition of Linda Bauer (Amended) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc..(Holden, Jamie) [Transferred from tned on 4/1/2021.]
November 7, 2019 Opinion or Order Filing 51 REPLY to Response to Motion re #42 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.]
October 28, 2019 Opinion or Order 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.]
October 18, 2019 Opinion or Order Filing 50 NOTICE to Take Deposition of Tracy Hoopingarner by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc..(Holden, Jamie) [Transferred from tned on 4/1/2021.]
October 18, 2019 Opinion or Order Filing 49 NOTICE to Take Deposition of Linda Bauer by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc..(Holden, Jamie) [Transferred from tned on 4/1/2021.]
October 17, 2019 Opinion or Order Filing 48 RESPONSE to Motion re #42 MOTION to Dismiss Third Amended Complaint filed by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
September 25, 2019 Opinion or Order Filing 47 AGREED PROTECTIVE ORDER. Signed by District Judge Thomas A Varlan on 9/25/19. (JBR) [Transferred from tned on 4/1/2021.]
September 25, 2019 Opinion or Order Filing 46 ORDER granting #45 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.]
September 21, 2019 Opinion or Order Filing 45 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by Linda Bauer, Tracy Hoopingarner. (Givens, Aubrey) [Transferred from tned on 4/1/2021.]
September 13, 2019 Opinion or Order Filing 44 Unopposed MOTION for Protective Order by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Other Proposed Agreed Protective Order)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
September 11, 2019 Opinion or Order Filing 43 MEMORANDUM in Support of Motion re #42 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.]
September 11, 2019 Opinion or Order Filing 42 MOTION to Dismiss Third Amended Complaint by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A-TN Contract, #2 Exhibit B-FL Contract, #3 Exhibit C-Sheffer Hearing Transcript, #4 Exhibit D-Boy Order, #5 Exhibit E-Stoddard Order)(Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
September 11, 2019 Opinion or Order Filing 41 NOTICE by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re Meet and Confer (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
August 30, 2019 Opinion or Order Filing 40 ORDER granting in part and denying in part #23 Motion to Deem Requests for Admission to Plaintiffs Admitted. Signed by Magistrate Judge Debra C Poplin on 8/30/19. (ABF) [Transferred from tned on 4/1/2021.]
August 28, 2019 Opinion or Order Filing 39 AMENDED COMPLAINT against All Defendants., filed by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit Exhibit A to Third Amended Complaint, #2 Exhibit Exhibit B to Third Amended Complaint)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
August 22, 2019 Opinion or Order Filing 38 ORDER granting #30 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. 37]. 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.]
August 18, 2019 Opinion or Order Filing 37 NOTICE by Linda Bauer, Tracy Hoopingarner OF NOT REQUESTING A JURY TRIAL (Givens, Aubrey) [Transferred from tned on 4/1/2021.]
August 14, 2019 Opinion or Order Filing 36 ORDER: 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 8/14/19. (ABF) [Transferred from tned on 4/1/2021.]
June 19, 2019 Opinion or Order Filing 35 Minute Entry for proceedings held before Magistrate Judge Debra C Poplin: Motion Hearing held on 6/19/2019. The Court held a motion hearing to address the pending Motion to Deem Requests for Admission to Plaintiffs Admitted filed by Defendants.Argument heard by counsel. The Court took the pending motion under advisement.Order to follow.(Court Reporter DCR) (RLK) [Transferred from tned on 4/1/2021.]
June 5, 2019 Opinion or Order NOTICE of Hearing: Motion Hearing RESET from 6/18/2019 to 6/19/2019 at 9:30 AM in Courtroom 3B - Knoxville, before Magistrate Judge Debra C Poplin. (RLK) [Transferred from tned on 4/1/2021.]
May 31, 2019 Opinion or Order NOTICE of Hearing: Motion Hearing set for 6/18/2019 01:30 PM in Courtroom 3B - Knoxville before Magistrate Judge Debra C Poplin. (RLK) [Transferred from tned on 4/1/2021.]
May 15, 2019 Opinion or Order Filing 34 ORDER denying #17 Motion for Discovery Sanctions. Signed by Magistrate Judge Debra C Poplin on 5/15/19. (ABF) [Transferred from tned on 4/1/2021.]
April 24, 2019 Opinion or Order Filing 33 RESPONSE to Motion re #30 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.]
April 17, 2019 Opinion or Order Filing 32 SUPPLEMENT to #30 MOTION to Amend/Revise Complaint by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit Exhibit A to Proposed Third Amended Complaint, #2 Exhibit Exhibit B to Proposed Third Amended Complaint)(Givens, Aubrey) [Transferred from tned on 4/1/2021.]
April 10, 2019 Opinion or Order Filing 31 MEMORANDUM in Support of Motion re #30 MOTION to Amend/Revise Complaint filed by Linda Bauer, Tracy Hoopingarner. (JAN, ) [Transferred from tned on 4/1/2021.]
April 10, 2019 Opinion or Order Filing 30 MOTION to Amend/Revise Complaint by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 INCORRECTLY FILED, SEE #31, #2 Other Proposed Amended Complaint)(Givens, Aubrey) Modified on 4/17/2019 (JAN, ). [Transferred from tned on 4/1/2021.]
April 8, 2019 Opinion or Order Filing 29 Order Governing Sealing Confidential Information - Signed by District Judge Thomas A Varlan on 4/08/2019. (KMK, ) [Transferred from tned on 4/1/2021.]
April 8, 2019 Opinion or Order Filing 28 Order Governing Motions To Dismiss - Signed by District Judge Thomas A Varlan on 4/08/2019. (KMK, ) [Transferred from tned on 4/1/2021.]
April 8, 2019 Opinion or Order Filing 27 Order Governing Depositions - Signed by District Judge Thomas A Varlan on 4/08/2019. (KMK, ) [Transferred from tned on 4/1/2021.]
April 8, 2019 Opinion or Order Filing 26 SCHEDULING ORDER: Bench Trial set for 6/23/2020 at 9:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Signed by District Judge Thomas A Varlan on 4/08/2019. (copy mailed to: Kristin Fecteau Mosher at Aubrey Givens & Associates, 231 W Old Hickory Blvd, Suite B, Second Floor, Madison, TN 37115)(KMK, ) [Transferred from tned on 4/1/2021.]
February 6, 2019 Opinion or Order Filing 25 REPLY to Response to Motion re #23 MOTION to Deem Requests for Admission to Plaintiffs Admitted filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Holden, Jamie) [Transferred from tned on 4/1/2021.]
January 30, 2019 Opinion or Order Filing 24 RESPONSE in Opposition re #23 MOTION to Deem Requests for Admission to Plaintiffs Admitted filed by Linda Bauer, Tracy Hoopingarner. (Givens, Aubrey) [Transferred from tned on 4/1/2021.]
January 17, 2019 Opinion or Order Filing 23 MOTION to Deem Requests for Admission to Plaintiffs Admitted by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Attachments: #1 Exhibit A-Requests for Admission to Plaintiffs)(Holden, Jamie) [Transferred from tned on 4/1/2021.]
December 26, 2018 Opinion or Order Filing 22 REPLY to Response to Motion re #17 MOTION for Sanctions (Discovery) filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Morton, Jamie) [Transferred from tned on 4/1/2021.]
December 20, 2018 Opinion or Order Filing 21 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.]
December 19, 2018 Opinion or Order Filing 20 RESPONSE in Opposition re #17 MOTION for Sanctions (Discovery) filed by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit A - Unsworn Stmt of K. Mosher, #2 Exhibit B - Deposition calendar, #3 Exhibit C - ltr from Podesta enclosing subpoenas, #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 letter, #7 Exhibit G - Podesta email, #8 Exhibit H - Givens 10.15.18 ltr, #9 Exhibit I - Givens 10.16.18 ltr, #10 Exhibit J - Podesta 10.16.18 ltr, #11 Exhibit K - Givens 10.16.18, #12 Exhibit L - Podesta 10.19.18 email)(Fecteau Mosher, Kristin) [Transferred from tned on 4/1/2021.]
December 14, 2018 Opinion or Order Filing 19 MEMORANDUM in Support of Motion re #18 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION for Judgment on the Pleadings filed by Linda Bauer, Tracy Hoopingarner. (Givens, Aubrey) [Transferred from tned on 4/1/2021.]
December 13, 2018 Opinion or Order Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION for Judgment on the Pleadings by Linda Bauer, Tracy Hoopingarner. (Attachments: #1 Exhibit A - Unsworn stmt of K. Mosher)(Fecteau Mosher, Kristin) [Transferred from tned on 4/1/2021.]
December 5, 2018 Opinion or Order Filing 17 MOTION for Sanctions (Discovery) by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Morton, Jamie) [Transferred from tned on 4/1/2021.]
November 21, 2018 Opinion or Order Filing 16 MEMORANDUM in Support of Motion re #15 MOTION for Judgment on the Pleadings filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Podesta, Eugene) [Transferred from tned on 4/1/2021.]
November 21, 2018 Opinion or Order Filing 15 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.]
November 20, 2018 Opinion or Order Filing 14 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.]
November 19, 2018 Opinion or Order Filing 13 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.]
September 18, 2018 Opinion or Order Filing 12 REPORT of Rule 26(f) Planning Meeting. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
August 29, 2018 Opinion or Order Filing 11 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.]
July 23, 2018 Opinion or Order Filing 10 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.]
July 20, 2018 Opinion or Order Filing 9 ORDER granting #6 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 7/20/2018. (This entry constitutes the complete Order of the Court.) (AGA) [Transferred from tned on 4/1/2021.]
July 20, 2018 Opinion or Order Filing 8 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.]
July 16, 2018 Opinion or Order Filing 7 ORDER, the undersigned finds that the above-captioned case is related to Edna Allen, et al., v. Wyndham Worldwide Operations, Inc., et al., No. 3:18-CV-259. Because the first of these cases was assigned to Chief District Judge Thomas A. Varlan and Magistrate Judge Debra C. Poplin, this case will also be assigned to Chief District Judge Thomas A. Varlan and Magistrate Judge Debra C. Poplin. However, consolidation is not ordered. Signed by Magistrate Judge Debra C. Poplin on 7/16/18. (ADA) [Transferred from tned on 4/1/2021.]
July 16, 2018 Opinion or Order Chief District Judge Thomas A Varlan and Magistrate Judge Debra C Poplin added. (ADA) [Transferred from tned on 4/1/2021.]
July 10, 2018 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice for Eugene Podesta ( Filing fee $ 90 receipt number 0649-3713884.) 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.]
July 10, 2018 Opinion or Order Clerk's Verification of PHV Requirements is complete regarding document: #6 MOTION for Leave to Appear Pro Hac Vice for Eugene Podesta ( Filing fee $ 90 receipt number 0649-3713884.) filed by Wyndham Worldwide Operations, Inc., Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (ABF) [Transferred from tned on 4/1/2021.]
July 3, 2018 Opinion or Order Filing 5 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.]
June 29, 2018 Opinion or Order Filing 4 Certificate of Corporate Interest by Wyndham Vacation Resorts, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
June 29, 2018 Opinion or Order Filing 3 Certificate of Corporate Interest by Wyndham Worldwide Operations, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
June 29, 2018 Opinion or Order Filing 2 Certificate of Corporate Interest by Wyndham Vacation Ownership, Inc.. (Strittmatter, Ashley) [Transferred from tned on 4/1/2021.]
June 29, 2018 Opinion or Order Filing 1 NOTICE OF REMOVAL Filing Fee Paid-Receipt No. 0649-3707644 from Sevier Co. Chancery Court, case number 18-1-001. (), 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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Search for this case: Bauer et al v. Wyndham Vacation Resorts, Inc. et al (TV1)
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Defendant: Wyndham Worldwide Operations Inc
Represented By: Jamie L Morton
Represented By: Ashley M Strittmatter
Represented By: Eugene J. Podesta, Jr.
Represented By: Sye Thomas Hickey
Represented By: Jamie Ballinger Holden
Represented By: Ashley Meredith Strittmatter
Represented By: Jamie Michelle Ballinger
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Defendant: Wyndham Vacation Resorts Inc.
Represented By: Jamie L Morton
Represented By: Ashley M Strittmatter
Represented By: Eugene J. Podesta, Jr.
Represented By: Sye Thomas Hickey
Represented By: Joy Boyd Longnecker
Represented By: Jamie Ballinger Holden
Represented By: James Michael Talley
Represented By: Ashley Meredith Strittmatter
Represented By: Jamie Michelle Ballinger
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Defendant: Wyndham Vacation Ownership, Inc.
Represented By: Jamie L Morton
Represented By: Ashley M Strittmatter
Represented By: Eugene J. Podesta, Jr.
Represented By: Sye Thomas Hickey
Represented By: Joy Boyd Longnecker
Represented By: Jamie Ballinger Holden
Represented By: James Michael Talley
Represented By: Ashley Meredith Strittmatter
Represented By: Jamie Michelle Ballinger
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Plaintiff: Linda Bauer
Represented By: Aubrey T Givens
Represented By: Kristin Fecteau Mosher
Represented By: Donald Sheridan Hackett, III
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Plaintiff: Tracy Hoopingarner
Represented By: Aubrey T Givens
Represented By: Kristin Fecteau Mosher
Represented By: Donald Sheridan Hackett, III
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