Wyndham Vacation Resorts Inc. et al v. DVD II Group, LLC et al
| Wyndham Vacation Resorts Inc. and Wyndham Resort Development Corporation |
| DVD II Group, LLC d/b/a Options Travel Group, Kevin Knasel, Jason Pride, Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb and DVD II Group, LLC a Missouri limited liability company doing business as Options Travel Group |
| Marci Lynn Horton and Horton Law Group, LLC |
| 6:2021cv01937 |
| November 17, 2021 |
| US District Court for the Middle District of Florida |
| Embry J Kidd |
| Carlos E Mendoza |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Defendant |
Docket Report
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| Filing 213 CORRECTED JOINT STIPULATION and Motion for Entry of Final Permanent Injunction Order Against Defendant DVD II Group, LLC D/B/A Options Travel Group Only by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order)(Rubin, Glennys) (Modified on 9/6/2023 to edit docket text)(JDR). |
Filing 212
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). All pending motions are DENIED as moot. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 9/5/2023. (MEH)
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| Filing 211 NOTICE by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. Local Rule 3.09(a) Joint Notice of Resolution (Rubin, Glennys) |
| Filing 210 STIPULATION Joint Stipulation and Motion for Entry of Final Permanent Injunction Order Against DVD II Group, LLC D/B/A Options Travel Group Only by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - Stipulated Final Permanent Injunction Order)(Rubin, Glennys) |
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Filing 209
ENDORSED ORDER denying as moot #194 Non-Parties Marci Lyn Horton and Horton Law Group, LLC's Motion to Quash Plaintiff Wyndham Vacation Resorts, Inc.'s Rule 45 Subpoenas, in light of the #207 Mediation Report indicating that the case has completely settled. Signed by Magistrate Judge Embry J. Kidd on 8/29/2023. (RMN)
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| Filing 208 TRANSCRIPT of Hearing on Motions to Compel held on 8/24/23 before Judge Embry J. Kidd. Court Reporter: Suzanne L. Trimble, CRR, RPR, WACCR. Email address: trimblecourtreporter@outlook.com. Telephone number: 407.900.8775. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/19/2023. Redacted Transcript Deadline set for 9/29/2023. Release of Transcript Restriction set for 11/27/2023. (SLT) |
| Filing 207 MEDIATION report Hearing held on August 28, 2023. Hearing outcome: Settled. (O'Kane, Julie) Modified text on 8/29/2023 (KME). |
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Filing 206
ORDER denying as moot #155, #165, #169, #170, #173, #174, and #175 Motions to Compel; granting in part and denying in part #166 Plaintiffs' Short Form Motion to Compel; granting in part and denying in part #168 Plaintiffs' Short Form Motion to Compel; granting in part and denying in part #171 Plaintiffs' Short Form Motion to Compel; granting in part and denying in part #172 Defendants' Renewed Motion to Compel; denying in part and denying without prejudice in part #176 Plaintiffs' Short Form Motion to Compel. Signed by Magistrate Judge Embry J. Kidd on 8/25/2023. (RMN)
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Filing 205
ORAL ORDER granting 204 Oral Motion for Extension of Time to Produce Plaintiff's Rebuttal Expert for Deposition by Wyndham Vacation Resorts Inc. Plaintiffs shall produce their rebuttal expert for deposition on or before September 15, 2023. No other deadlines are extended by this Order. Rendered in open court by Magistrate Judge Embry J. Kidd on 8/24/2023. (JOR) Modified on 8/25/2023 (JOR).
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| Filing 204 ORAL MOTION for Extension of Time to Produce Plaintiff's Rebuttal Expert for Deposition by Wyndham Vacation Resorts Inc. (JOR) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 203 Minute Entry. In Person Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 8/24/2023 re #168 MOTION to Compel Knasel's Production of Documents Responsive to Plaintiffs' Third Request for Production Plaintiffs' Short Form Motion to Overrule Defendant Knasel's Objections and to Compel Defendant Knasel's Production filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc., #174 MOTION to Compel Production of Documents Wrongfully Withheld and Responsive to Plaintiffs' Amended Fourth Request for Production Plaintiffs' Short Form Motion to Overrule Certain of Defendant OTG's Objections and Compelling Product filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc., #176 MOTION to Compel Owner Identifying Information and Complete Customer List filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc., #169 MOTION to Compel Production of Documents Plaintiffs' Renewed Short Form Motion to Overrule Certain of OTG's Objections to Plaintiffs' First Request for Production and to Compel Production of Documents filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc., #173 MOTION to Compel Production of Marketing Materials Improperly Withheld by Defendant Options Travel Group Plaintiffs' Short Form Motion to Compel Production of Marketing Materials Improperly Withheld by Defendant Options Travel Group filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc., #170 MOTION to Compel OTG's Responses to Plaintiff Wyndham Resort Development Corporation's Second Set of Interrogatories Plaintiffs' Short Form Motion to Compel OTG's Responses to Plaintiff Wyndham Resort Development Corporation filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc., #175 MOTION to Compel Production of ESI Metadata Plaintiffs' Short Form Motion to Compel ESI Metadata filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc., #155 MOTION to Compel ESI Production to Requests for Production filed by Kevin Knasel, DVD II Group, LLC, Jason Pride, #166 MOTION to Compel Production of Improperly Withheld Documents Responsive to Plaintiffs' First Request for Production Plaintiffs' Short Form Motion to Compel Defendant Knasel's Production of Improperly Withheld Documents Responsive t filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc., #172 MOTION to Compel Defendants' Renewed Motion to Compel Documents Responsive to 5th RFP filed by Kevin Knasel, DVD II Group, LLC, Jason Pride, #165 MOTION to Compel Production of Defendant Options Travel Group's Improperly Withheld Documents Responsive to Plaintiffs' First Request for Production Plaintiffs' Short Form Motion to Compel Production of Defendant Options Travel Gro filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc., #171 MOTION to Compel Production of Documents Plaintiffs' Short Form Motion to Compel OTG's Production of Improperly withheld Documents Responsive to Plaintiffs' Eighth Request for Production filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Digital) Court Reporter: Suzanne L. Trimble (JOR) |
| Filing 202 STATUS report THIRD Supplemental Joint Notice in Regard to Pending Discovery Motions [DOCS. 155, 165, 166, 168, 169, 170, 171, 172, 173, 174, 175, and 176.] by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 8/24/2023 to edit docket text (BCB). |
| Filing 201 STATUS report SECOND Supplemental Joint Notice in Regard to Pending Discovery Motions [DOCS. 155, 165, 166, 168, 169, 170, 171, 172, 173, 174, 175, and 176.] by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 8/24/2023 to edit docket text (BCB). |
| Filing 200 JOINT NOTICE In Regard to Pending Discovery Motions re Docs. #155, #165, #166, #168, #169, #170, #171, #172, #173, #174, #175, and #176 by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) (Modified on 8/23/2023 to edit docket text) (JDR). |
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Filing 199
ENDORSED ORDER granting #198 Motion to Amend Order. The undersigned does not require a response to interpret his intentions. The Order at Doc. #154 is AMENDED to deny the motion to compel as to Request 3. Signed by Magistrate Judge Embry J. Kidd on 8/22/2023. (Kidd, Embry) Modified on 8/22/2023 (Kidd, Embry).
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| Filing 198 Time Sensitive MOTION to Modify #154 Order on Motion to Compel Plaintiffs' Time-Sensitive Motion for Modification of the Court's Order (Doc. 154) or in the Alternative Motion for Reconsideration of the Court's Order and Incorporated Memorandum of Law by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rubin, Glennys) |
| Filing 197 JOINT NOTICE in Regard to Pending Discovery Motions Docs #155, #165, #166, #168, #169, #170, #171, #172, #173, #174, #175, and #176 by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. re #126 Case Management Scheduling Order (Rubin, Glennys) (Modified on 8/21/2023 to edit docket text and relationship) (JDR). |
| Filing 196 NOTICE of Appearance by Lizza C. Constantine on behalf of DVD II Group, LLC, Kevin Knasel, Jason Pride (Constantine, Lizza) |
| Filing 195 OBJECTION to Plaintiff Wyndham Vacation Resorts, Inc's Rule 45 Subpoenas by Non-Parties Marci Lynn Horton, Horton Law Group, LLC. (Baines, Erica) Modified text on 8/18/2023 (BD). |
| Filing 194 MOTION to Quash two subpoenas to produce documents issued by Plaintiff Wyndham Vacation Resorts, Inc. and Memorandum of Law by Non Parties by Marci Lynn Horton, Horton Law Group, LLC. (Attachments: #1 Exhibit A - Subpoenas, #2 Exhibit B - The Missouri Bar Official Directory of Lawyers)(Baines, Erica) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 193
ENDORSED ORDER denying #167 Motion to Compel. Not one of Defendant's written deposition questions is designed to ascertain, as allowed by the Court's prior #141 Order, "whether the Investigator has personal knowledge, outside the scope of his employment by Plaintiffs, regarding matters related to Defendants or this case" so that Defendant could determine whether "the Investigator is, in fact, a nontestifying consulting expert." Instead, Defendant's questions concerned matters that the investigator observed. If, in accordance with the Court's Order, Defendant had, first, established that the investigator observed relevant matters outside the scope of his employment by Plaintiffs, then the Court would have entertained the second step of allowing Defendant to ask additional questions regarding his observations. Defendant did not establish step one. It has now forfeited its opportunity to do so and, consequently, its ability to move to step two. Signed by Magistrate Judge Embry J. Kidd on 8/11/2023. (Kidd, Embry)
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| Filing 192 NOTICE of hearing on motion re #176 MOTION to Compel Owner Identifying Information and Complete Customer List , #168 MOTION to Compel Knasel's Production of Documents Responsive to Plaintiffs' Third Request for Production Plaintiffs' Short Form Motion to Overrule Defendant Knasel's Objections and to Compel Defendant Knasel's Production, #173 MOTION to Compel Production of Marketing Materials Improperly Withheld by Defendant Options Travel Group Plaintiffs' Short Form Motion to Compel Production of Marketing Materials Improperly Withheld by Defendant Options Travel Group, #172 MOTION to Compel Defendants' Renewed Motion to Compel Documents Responsive to 5th RFP, #166 MOTION to Compel Production of Improperly Withheld Documents Responsive to Plaintiffs' First Request for Production Plaintiffs' Short Form Motion to Compel Defendant Knasel's Production of Improperly Withheld Documents Responsive t, #171 MOTION to Compel Production of Documents Plaintiffs' Short Form Motion to Compel OTG's Production of Improperly withheld Documents Responsive to Plaintiffs' Eighth Request for Production, #170 MOTION to Compel OTG's Responses to Plaintiff Wyndham Resort Development Corporation's Second Set of Interrogatories Plaintiffs' Short Form Motion to Compel OTG's Responses to Plaintiff Wyndham Resort Development Corporation, #155 MOTION to Compel ESI Production to Requests for Production , #169 MOTION to Compel Production of Documents Plaintiffs' Renewed Short Form Motion to Overrule Certain of OTG's Objections to Plaintiffs' First Request for Production and to Compel Production of Documents, #174 MOTION to Compel Production of Documents Wrongfully Withheld and Responsive to Plaintiffs' Amended Fourth Request for Production Plaintiffs' Short Form Motion to Overrule Certain of Defendant OTG's Objections and Compelling Product, #167 MOTION to Compel Plaintiffs' Unidentified Investigator to respond to Defendant's Written Deposition Questions , #175 MOTION to Compel Production of ESI Metadata Plaintiffs' Short Form Motion to Compel ESI Metadata, #165 MOTION to Compel Production of Defendant Options Travel Group's Improperly Withheld Documents Responsive to Plaintiffs' First Request for Production Plaintiffs' Short Form Motion to Compel Production of Defendant Options Travel Gro. Motion Hearing set for 8/24/2023 at 09:30 AM in Orlando Courtroom 4 C before Magistrate Judge Embry J. Kidd. (JOR) |
| Filing 191 RESPONSE in Opposition re #176 MOTION to Compel Owner Identifying Information and Complete Customer List filed by DVD II Group, LLC. (Attachments: #1 Exhibit Declaration of Christina Gillespie, #2 Exhibit Service Email 7.26.23)(Smith, Sheena) |
| Filing 190 RESPONSE to Motion re #174 MOTION to Compel Production of Documents Wrongfully Withheld and Responsive to Plaintiffs' Amended Fourth Request for Production Plaintiffs' Short Form Motion to Overrule Certain of Defendant OTG's Objections and Compelling Product filed by DVD II Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Sheena) |
| Filing 189 RESPONSE to Motion re #173 MOTION to Compel Production of Marketing Materials Improperly Withheld by Defendant Options Travel Group Plaintiffs' Short Form Motion to Compel Production of Marketing Materials Improperly Withheld by Defendant Options Travel Group filed by DVD II Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Smith, Sheena) |
| Filing 188 RESPONSE in Opposition re #172 MOTION to Compel Defendants' Renewed Motion to Compel Documents Responsive to 5th RFP Plaintiffs' Response in Opposition to Defendants' Renewed Motion to Compel Production of Documents Responsive to Fifth Request for Production [Doc. 172] filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - Plaintiffs Response to Def 5th RFP, #2 Exhibit B - Wyndham Amended Answers, #3 Exhibit C - Email)(Rubin, Glennys) |
| Filing 187 RESPONSE to Motion re #169 MOTION to Compel Production of Documents Plaintiffs' Renewed Short Form Motion to Overrule Certain of OTG's Objections to Plaintiffs' First Request for Production and to Compel Production of Documents filed by DVD II Group, LLC. (Attachments: #1 Exhibit A)(Smith, Sheena) |
| Filing 186 RESPONSE to Motion re #175 MOTION to Compel Production of ESI Metadata Plaintiffs' Short Form Motion to Compel ESI Metadata filed by DVD II Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Sheena) |
| Filing 185 RESPONSE to Motion re #171 MOTION to Compel Production of Documents Plaintiffs' Short Form Motion to Compel OTG's Production of Improperly withheld Documents Responsive to Plaintiffs' Eighth Request for Production filed by DVD II Group, LLC. (Smith, Sheena) |
| Filing 184 RESPONSE to Motion re #168 MOTION to Compel Knasel's Production of Documents Responsive to Plaintiffs' Third Request for Production Plaintiffs' Short Form Motion to Overrule Defendant Knasel's Objections and to Compel Defendant Knasel's Production filed by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit Defendant Knasel's Responses and Objection to Plaintiffs' Third Request for Production)(Smith, Sheena) |
| Filing 183 RESPONSE to Motion re #170 MOTION to Compel OTG's Responses to Plaintiff Wyndham Resort Development Corporation's Second Set of Interrogatories Plaintiffs' Short Form Motion to Compel OTG's Responses to Plaintiff Wyndham Resort Development Corporation filed by DVD II Group, LLC. (Smith, Sheena) |
| Filing 182 NOTICE of Appearance by Barry A. Postman on behalf of DVD II Group, LLC, Kevin Knasel, Jason Pride (Postman, Barry) |
| Filing 181 RESPONSE to Motion re #166 MOTION to Compel Production of Improperly Withheld Documents Responsive to Plaintiffs' First Request for Production Plaintiffs' Short Form Motion to Compel Defendant Knasel's Production of Improperly Withheld Documents Responsive t filed by Kevin Knasel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Sheena) |
| Filing 180 RESPONSE to Motion re #165 MOTION to Compel Production of Defendant Options Travel Group's Improperly Withheld Documents Responsive to Plaintiffs' First Request for Production Plaintiffs' Short Form Motion to Compel Production of Defendant Options Travel Gro filed by DVD II Group, LLC. (Attachments: #1 Exhibit A)(Smith, Sheena) |
| Filing 179 RESPONSE to Motion re #167 MOTION to Compel Plaintiffs' Unidentified Investigator to respond to Defendant's Written Deposition Questions Plaintiffs' Response to Defendants' Motion to Compel Plaintiffs' Unidentified Investigator's Response to Defendant's Written Deposition Questions filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - Privilege Log)(Rubin, Glennys) |
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Filing 178
ENDORSED ORDER granting in part and denying in part #164 Motion for Extension of Time. The Court does not find good cause to extend the expert rebuttal deadline, but will allow Plaintiffs until and through September 8, 2023, to depose Mr. Parisi. Signed by Magistrate Judge Embry J. Kidd on 8/7/2023. (Kidd, Embry)
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| Filing 177 RESPONSE in Opposition re #164 Time Sensitive MOTION for Extension of Time to Complete Discovery Plaintiffs' Time-Sensitive Motion for Extension of Expert Deadlines filed by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit Plaintiffs' First Supplemental Rule 26(a) Disclosures, #2 Exhibit Plaintiffs' Notice of Taking Deposition, #3 Exhibit Plaintiffs' Eighth Request for Production, #4 Exhibit Plaintiffs' Second Supplemental Rule 26(a) Disclosures)(Smith, Sheena) |
| Filing 176 MOTION to Compel Owner Identifying Information and Complete Customer List by All Plaintiffs. (Attachments: #1 Exhibit Amended Responses to First RFP, #2 Exhibit August 2, 2023 Email, #3 Exhibit Customer List, #4 Exhibit Owner Documents, #5 Exhibit Owner Spreadsheet)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 175 MOTION to Compel Production of ESI Metadata Plaintiffs' Short Form Motion to Compel ESI Metadata by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 174 MOTION to Compel Production of Documents Wrongfully Withheld and Responsive to Plaintiffs' Amended Fourth Request for Production Plaintiffs' Short Form Motion to Overrule Certain of Defendant OTG's Objections and Compelling Production of Documents Wrongfully Withheld and Responsive to Plaintiffs' Amended Fourth Request for Production by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - Amended 4th RFP, #2 Exhibit B - OTG Responses to Amended 4th RFP, #3 Exhibit C - OTG Supplemental Responses to Amended 4th RFP, #4 Exhibit D - Blacketer, #5 Exhibit E - June 20 email)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 173 MOTION to Compel Production of Marketing Materials Improperly Withheld by Defendant Options Travel Group Plaintiffs' Short Form Motion to Compel Production of Marketing Materials Improperly Withheld by Defendant Options Travel Group by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - 1st RFP to OTG, #2 Exhibit B - 4th RFP to OTG, #3 Exhibit C - OTG Response 1st RFP, #4 Exhibit D - OTG Response 4th RFP, #5 Exhibit E - OTG Marketing, #6 Exhibit F - Blacketer)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 172 MOTION to Compel Defendants' Renewed Motion to Compel Documents Responsive to 5th RFP by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 171 MOTION to Compel Production of Documents Plaintiffs' Short Form Motion to Compel OTG's Production of Improperly withheld Documents Responsive to Plaintiffs' Eighth Request for Production by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 170 MOTION to Compel OTG's Responses to Plaintiff Wyndham Resort Development Corporation's Second Set of Interrogatories Plaintiffs' Short Form Motion to Compel OTG's Responses to Plaintiff Wyndham Resort Development Corporation's Second Set of Interrogatories by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - WRDC 2nd Roggs to OTG, #2 Exhibit B - OTG Responses to WRDC 2nd Roggs, #3 Exhibit C - Blacketer, #4 Exhibit D - 014881, #5 Exhibit E - OTG)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 169 MOTION to Compel Production of Documents Plaintiffs' Renewed Short Form Motion to Overrule Certain of OTG's Objections to Plaintiffs' First Request for Production and to Compel Production of Documents by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - SF Renewed Motion, #2 Exhibit B - SF Renewed Motion, #3 Exhibit C - SF Renewed Motion, #4 Exhibit D - SF Renewed Motion, #5 Exhibit E - SF Renewed Motion, #6 Exhibit F - SF Renewed Motion, #7 Exhibit G - SF Renewed Motion, #8 Exhibit H - SF Renewed Motion)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 168 MOTION to Compel Knasel's Production of Documents Responsive to Plaintiffs' Third Request for Production Plaintiffs' Short Form Motion to Overrule Defendant Knasel's Objections and to Compel Defendant Knasel's Production of Documents Responsive to Plaintiffs' Third Request For Production by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - 3rd RFP to Knasel, #2 Exhibit B - Knasel Response and Objections to 3rd RFP)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 167 MOTION to Compel Plaintiffs' Unidentified Investigator to respond to Defendant's Written Deposition Questions by DVD II Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 166 MOTION to Compel Production of Improperly Withheld Documents Responsive to Plaintiffs' First Request for Production Plaintiffs' Short Form Motion to Compel Defendant Knasel's Production of Improperly Withheld Documents Responsive to Plaintiffs' First Request For Production by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - 1st RFP Knasel, #2 Exhibit B - Email, #3 Exhibit C - Responses, #4 Exhibit D - Email, #5 Exhibit E - Supplemental Responses)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 165 MOTION to Compel Production of Defendant Options Travel Group's Improperly Withheld Documents Responsive to Plaintiffs' First Request for Production Plaintiffs' Short Form Motion to Compel Production of Defendant Options Travel Group's Improperly Withheld Documents Responsive to Plaintiffs' First Request for Production by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit A - 1st RFP to OTG, #2 Exhibit B - Email, #3 Exhibit C - Response, #4 Exhibit D - Email, #5 Exhibit E - Email, #6 Exhibit F - Amended Response)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 164 Time Sensitive MOTION for Extension of Time to Complete Discovery. Plaintiffs' Time-Sensitive Motion for Extension of Expert Deadlines by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit 1 Expert Report, #2 Exhibit 2 -August 1, 2023 email)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 163 Third AMENDED ANSWER, Affirmative Defenses, and Demand for Jury Trial re #121 Amended Complaint by DVD II Group, LLC. (Smith, Sheena) |
| Filing 162 Third AMENDED ANSWER, Affirmative Defenses, and Demand for Jury Trial re #121 Amended Complaint by Jason Pride. (Smith, Sheena) |
| Filing 161 Third AMENDED ANSWER, Affirmative Defenses, and Demand for Jury Trial re #121 Amended Complaint by Kevin Knasel. (Smith, Sheena) |
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Filing 160
ENDORSED ORDER granting in part and denying in part #156 Motion to Exceed Deposition Limits. Plaintiffs may take an additional 10 depositions of Wyndham owners and 6 depositions of non-owner witnesses. Each deposition shall be limited to 2 hours split evenly between the parties. Signed by Magistrate Judge Embry J. Kidd on 7/27/2023. (Kidd, Embry)
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| Filing 159 TRANSCRIPT of Motions Hearing -- re: #138 Plaintiffs' Short Form Motion to Overrule Certain of OTG's Objections, #142 Defendants' Motion to Compel, and #143 Defendants' Motion to Compel -- held on 07/20/2023 before Judge Embry J. Kidd. Court Reporter: Heather Suarez, RMR, CRR, FCRR, FPR-C, WA CCR. Email address: heathersuarez.usocr@gmail.com. Telephone number: (407) 801-8921. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (HLS) |
| Filing 158 RESPONSE in Opposition re #156 Time Sensitive MOTION (Partially Unopposed) to Exceed Deposition Limits filed by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Smith, Sheena) |
| Filing 157 RESPONSE to Motion re #155 MOTION to Compel ESI Production to Requests for Production filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Leger, Christian) |
| Filing 156 Time Sensitive MOTION (Partially Unopposed) to Exceed Deposition Limits by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Attachments: #1 Exhibit Ex A - Renewed Mtn, #2 Exhibit Ex B - Renewed Mtn, #3 Exhibit Ex C - Renewed Mtn, #4 Exhibit Ex D - Renewed Mtn, #5 Exhibit Ex E - Renewed Mtn, #6 Exhibit Ex F - Renewed Mtn, #7 Exhibit Ex G - Renewed Mtn, #8 Exhibit Ex H - Renewed Mtn)(Rubin, Glennys) Modified text on 7/26/2023 (BD). |
| Filing 155 MOTION to Compel ESI Production to Requests for Production by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 154
ORDER denying without prejudice #138 Plaintiffs' Short Form Motion to Overrule Certain of OTG's Objections to Plaintiffs' First Request for Production and to Compel Production of Documents; denying #142 Defendants' Motion to Compel Production of Documents Identified in Section II of Plaintiffs' Second Supplemental Rule 26(a) Disclosures; granting in part and denying in part #143 Defendants' Motion to Compel Production of Documents Responsive to Fifth Request for Production. Signed by Magistrate Judge Embry J. Kidd on 7/20/2023. (RMN)
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| Filing 153 Minute Entry. Virtual Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 7/20/2023 re #142 MOTION to Compel PRODUCTION OF DOCUMENTS IDENTIFIED IN SECTION II OF PLAINTIFFS' SECOND SUPPLEMENTAL RULE 26(a) DISCLOSURES filed by Kevin Knasel, DVD II Group, LLC, Jason Pride, #143 MOTION to Compel PRODUCTION OF DOCUMENTS RESPONSIVE TO FIFTH REQUEST FOR PRODUCTION filed by Kevin Knasel, DVD II Group, LLC, Jason Pride, #138 MOTION to Compel Production of Documents Plaintiffs' Short Form Motion to Overrule Certain of OTG's Objections to Plaintiff's First Request For Production and to Compel Production of Documents filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Zoom/Digital) Court Reporter: Heather Suarez (JOR) |
| Filing 152 SUPPLEMENT re #150 Status report re Joint Notice in Regard to Pending Discovery Motions [Docs. 138, 142, 143] by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit)(Smith, Sheena) |
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Filing 151
ORDER granting #136 the parties' Joint Stipulation and Motion for Order. See PDF for details. Signed by Magistrate Judge Embry J. Kidd on 7/19/2023. (RMN)
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| Filing 150 Joint Notice in Regard to Pending Discovery Motions [Docs. #138, #142, #143] by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit 1)(Leger, Christian) |
| Filing 149 NOTICE of hearing on motion re #142 MOTION to Compel PRODUCTION OF DOCUMENTS IDENTIFIED IN SECTION II OF PLAINTIFFS' SECOND SUPPLEMENTAL RULE 26(a) DISCLOSURES , #138 MOTION to Compel Production of Documents Plaintiffs' Short Form Motion to Overrule Certain of OTG's Objections to Plaintiff's First Request For Production and to Compel Production of Documents, #143 MOTION to Compel PRODUCTION OF DOCUMENTS RESPONSIVE TO FIFTH REQUEST FOR PRODUCTION . Motion Hearing set for 7/20/2023 at 10:00 AM via Zoom Video Conference before Magistrate Judge Embry J. Kidd. Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Attorneys are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. (JOR) |
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Filing 148
ENDORSED ORDER denying #146 Defendants' Motion for Leave to File a Reply to Plaintiffs' Response in Opposition to #143 Defendants' Motion to Compel. The Court will decide the matter on the current briefing. Signed by Magistrate Judge Embry J. Kidd on 7/13/2023. (RMN)
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| Filing 147 RESPONSE in Opposition re #146 MOTION for Miscellaneous Relief, specifically for Leave to File a Reply filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified text on 7/10/2023 (MCB). |
| Filing 146 MOTION for Miscellaneous Relief, specifically for Leave to File a Reply by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Smith, Sheena) Modified text on 7/10/2023 (MCB). |
| Filing 145 RESPONSE in Opposition re #142 MOTION to Compel PRODUCTION OF DOCUMENTS IDENTIFIED IN SECTION II OF PLAINTIFFS' SECOND SUPPLEMENTAL RULE 26(a) DISCLOSURES Plaintiffs' Response to Defendants' Motion to Compel Production of Documents Identified in Section II of Plaintiffs' Second Supplemental Rule 26(a) Disclosures filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A - email)(Rubin, Glennys) Modified on 7/7/2023 (CTR). |
| Filing 144 RESPONSE in Opposition re #143 MOTION to Compel PRODUCTION OF DOCUMENTS RESPONSIVE TO FIFTH REQUEST FOR PRODUCTION Plaintiffs' Response to Defendants' Motion to Compel Production of Documents Responsive to Fifth Request for Production [DOC. 143] filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A - email chain, #2 Exhibit B - list of owners)(Rubin, Glennys) Modified on 7/7/2023 (CTR). |
| Filing 143 MOTION to Compel Production of Documents Responsive to Fifth Request for Production by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit OTG's Fifth Request for Production, #2 Exhibit Plaintiffs' Response to Fifth Request for Production, #3 Exhibit List of Owners Plaintiffs' Unable to Locate)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 7/3/2023 to edit text (ABC). |
| Filing 142 MOTION to Compel Production of Documents Identified in Section II of Plaintiffs' Second Supplemental Rule 26(a) Disclosures by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit Plaintiffs' Second Supplemental Rule 26(a) Disclosures, #2 Exhibit OTG'S Fifth Request for Production, #3 Exhibit MAY 1, 2023 Stipulation, #4 Exhibit JUNE 29, 2023 EMAIL, #5 Exhibit Purchase and Security Missing List, #6 Exhibit Delinquency List)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 7/3/2023 to edit text (ABC). |
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Filing 141
ORDER granting in part and denying without prejudice in part #122 Plaintiffs' Motion for Protective Order Limiting Defendants' Discovery as to Plaintiffs' Non-Testifying Consultant. See PDF for details, including deadlines. Signed by Magistrate Judge Embry J. Kidd on 6/26/2023. (RMN)
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| Filing 140 NOTICE of mediation conference/hearing to be held on August 28, 2023 at 10:00 am before Julie H. O'Kane. (Rubin, Glennys) |
| Filing 139 RESPONSE to Motion re #138 MOTION Defendant's Response to Plaintiffs' Short Form Motion to Overrule Certain of OTG's Objections to Plaintiffs' First Request for Production and to Compel Production of Documents filed by DVD II Group, LLC. (Attachments: #1 Exhibit 2.22.23 ESI Search Terms, #2 Exhibit ESI Stipulation, #3 Exhibit Declaration Fran Blacketer, #4 Exhibit Correspondence - Redacted)(Smith, Sheena) Modified on 6/20/2023 to edit docket text (BCB). |
| Filing 138 MOTION to Compel Production of Documents Plaintiffs' Short Form Motion to Overrule Certain of OTG's Objections to Plaintiff's First Request For Production and to Compel Production of Documents by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A - SFMTC 1st RFP, #2 Exhibit B - SFMTC Response, #3 Exhibit C - SFMTC Bates, #4 Exhibit D - SFMTC Owner Docs)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 6/16/2023 to edit docket text (BCB). |
| Filing 137 NOTICE of Appearance by Jonathan Phillip Hart on behalf of Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Hart, Jonathan) Modified on 6/8/2023 (SPM). |
| Filing 136 Joint Stipulation and MOTION for Order by All Plaintiffs. (Rubin, Glennys) Modified on 6/7/2023 (SPM). |
| Filing 135 REPLY to Response to Motion re #122 MOTION for Protective Order Limiting Defendants' Discovery As to Plaintiffs' Non-testifying Consultant filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Rubin, Glennys) |
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Filing 134
ENDORSED ORDER granting #132 Plaintiffs' Motion for Leave to File a Reply to Defendants' Response in Opposition to Plaintiffs' Motion for Protective Order. Plaintiffs may file a reply not to exceed 3 pages in length (exclusive of caption, signature block, and certifications), on or before May 30, 2023. The reply may rebut Defendants' legal arguments and clarify the existing record, but no new evidence may be filed. Signed by Magistrate Judge Embry J. Kidd on 5/25/2023. (RMN)
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| Filing 133 RESPONSE in Opposition re #132 MOTION for Leave to File Other Document :Reply to Defendants' Response in Opposition to Plaintiffs' Motion for Protective Order [Doc. 128] filed by DVD II Group, LLC, Kevin Knasel, Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb, Jason Pride. (Smith, Sheena) Modified on 5/17/2023 (SPM). |
| Filing 132 MOTION for Leave to File Other Document :Reply to Defendants' Response in Opposition to Plaintiffs' Motion for Protective Order [Doc. 128] by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 5/17/2023 (SPM). |
| Filing 131 Second Amended ANSWER and affirmative defenses with Jury Demand to #121 Second Amended Complaint, by Jason Pride.(Smith, Sheena) Modified on 5/17/2023 (SPM). |
| Filing 130 Second Amended ANSWER and affirmative defenses with Jury Demand to #121 Second Amended Complaint, by Kevin Knasel.(Smith, Sheena) Modified on 5/17/2023 (SPM). |
| Filing 129 Second Amended ANSWER and affirmative defenses with Jury Demand to #121 Second Amended Complaint, by DVD II Group, LLC.(Smith, Sheena) Modified on 5/17/2023 (SPM). |
| Filing 128 RESPONSE in Opposition re #122 MOTION for Protective Order Limiting Defendants' Discovery As to Plaintiffs' Non-testifying Consultant filed by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit 1 - Plaintiffs' Amended Responses to Defendants' Second Request for Production, #2 Exhibit 2 - List of Owners at Issue, OTG-000843-OTG-000855, #3 Exhibit 3 - Deposition Transcript of Ramona Harrington taken April 28, 2023, #4 Exhibit 4 - Plaintiffs' Second Request for Production, #5 Exhibit 5 - Verified Supplemental Answers to First Set of Interrogatories to Plaintiff)(Smith, Sheena) Modified on 5/16/2023 (SPM). |
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Filing 127
ENDORSED ORDER denying as moot #125 Joint Motion for Clarification. The Court has entered a #126 Second Amended Scheduling Order. Signed by Magistrate Judge Embry J. Kidd on 5/11/2023. (RMN)
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Filing 126
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Signed by Judge Carlos E. Mendoza on 5/10/2023. (MEH)
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| Filing 125 Joint MOTION for Clarification re #124 Amended Case Management Scheduling Order by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 5/10/2023 (SPM). |
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Filing 124
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/1/2023 Dispositive motions due by 10/2/2023 Pretrial statement due by 2/5/2024 All other motions due by 2/5/2024 Plaintiff disclosure of expert report due by 6/30/2023 Defendant disclosure of expert report due by 7/31/2023 Trial Status Conference set for 2/15/2024 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Jury Trial set for the March 2024 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 9/14/2023. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 5/4/2023. (MEH)
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Filing 123
ORDER granting in part and denying in part #120 the parties' Joint Time-Sensitive Motion to Extend Case Management and Scheduling Order. The deadlines are extended as set forth in this Order. The Court will separately issue an Amended CMSO and re-notice the hearings and trial date. Signed by Magistrate Judge Embry J. Kidd on 5/4/2023. (RMN)
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| Filing 122 MOTION for Protective Order Limiting Defendants' Discovery As to Plaintiffs' Non-testifying Consultant by All Plaintiffs. (Attachments: #1 Exhibit Notice of Deposition of Unidentified Investigator, #2 Exhibit Subpoena for Deposition to Unidentified Investigator, #3 Exhibit Transcript of June 9, 2022 Discovery Hearing, #4 Exhibit OTG's Response to Plaintiff's First RFP)(Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 121 Second AMENDED COMPLAINT against DVD II Group, LLC, Kevin Knasel, Jason Pride filed by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation. Related document: #54 Amended Complaint, filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - USPTO profile)(Rubin, Glennys) Modified on 5/3/2023 (SPM). |
| Filing 120 Joint Time Sensitive MOTION to Extend re #43 Case Management Scheduling Order by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 5/3/2023 (SPM). |
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Filing 119
ENDORSED ORDER granting #113 Defendants' Unopposed Motion for Brief Extension of Time to Serve Defendants' Expert Report. Defendants' Expert Disclosure Deadline is extended through and including May 17, 2023. Signed by Magistrate Judge Embry J. Kidd on 5/2/2023. (RMN)
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Filing 118
ENDORSED ORDER granting #107 Plaintiffs' Motion for Leave to File a Second Amended Complaint, for good cause shown and in light of #116 Defendants' non-opposition. Plaintiffs shall file their [107-1] Second Amended Complaint as a separate docket entry on or before May 5, 2023. Signed by Magistrate Judge Embry J. Kidd on 5/2/2023. (RMN)
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| Reset scheduling order deadlines: Defendant disclosure of expert report due by 5/17/2023 (SPM) |
| Filing 117 NOTICE of Updated Local Rule 3.01(g) Certificate of Conferral by DVD II Group, LLC, Kevin Knasel, Jason Pride re #113 MOTION for Brief Extension of Time to Serve Defendants' Expert Report (Smith, Sheena) Modified on 5/2/2023 (SPM). |
| Filing 116 NOTICE of Updated Local Rule 3.01(g) Certification Of Conferral Wherein Defendants Have Withdrawn Their Objection And Consented To Same by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. re #107 MOTION for Leave to File Second Amended Complaint re #54 Amended Complaint, (Rubin, Glennys) Modified on 5/2/2023 (SPM). |
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Filing 115
ORDER denying without prejudice #106 Plaintiffs' Short Form Motion to Exceed Deposition Limits. Signed by Magistrate Judge Embry J. Kidd on 5/1/2023. (RMN)
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Filing 114
ENDORSED ORDER taking under advisement #113 Motion for Extension of Time. Plaintiffs are directed to respond on or before May 2, 2023. Signed by Magistrate Judge Embry J. Kidd on 5/1/2023. (Kidd, Embry)
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| Filing 113 MOTION for Brief Extension of Time to Serve Defendants' Expert Report by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/1/2023 (SPM). |
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Filing 112
ORDER granting in part and denying in part #108 Defendants' Time-Sensitive Motion to Compel Production of Documents Responsive to the Fourth Request for Production; denying #111 Plaintiffs' Motion for a Protective Order. Signed by Magistrate Judge Embry J. Kidd on 4/26/2023. (RMN)
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| Filing 111 MOTION for Protective Order Limiting Disclosure of Confidential Settlement Materials Requested Through Defendants' Motion to Compel (Doc. 108) and Fourth Request for Production by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 4/25/2023 (SPM). |
| Filing 110 RESPONSE in Opposition re #106 Short Form MOTION for Miscellaneous Relief, specifically Exceed Deposition Limits filed by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Smith, Sheena) |
| Filing 109 RESPONSE to Motion re #108 Time Sensitive MOTION to Compel Production of Documents Responsive to Fourth Request for Production filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 4/21/2023 (SPM). |
| Filing 108 Time Sensitive MOTION to Compel Production of Documents Responsive to Fourth Request for Production by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit A - Fourth RFP to Plaintiff, #2 Exhibit B - Plaintiff's Amd Responses to 4th RFP)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 107 MOTION for Leave to File Second Amended Complaint re #54 Amended Complaint, by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A - Second Amended Complaint)(Rubin, Glennys) Modified on 4/19/2023 (SPM). |
| Filing 106 Short Form MOTION for Miscellaneous Relief, specifically Exceed Deposition Limits by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 4/17/2023 (SPM). |
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Filing 105
ORDER denying #97 Plaintiffs' Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge Embry J. Kidd on 1/12/2023. (RMN)
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Filing 104
ENDORSED ORDER granting #103 Motion for Extension of Time. Plaintiffs may have until and through January 15, 2023, to complete their supplemental production. This deadline may be extended by mutual agreement between the parties without seeking leave of the Court. Signed by Magistrate Judge Embry J. Kidd on 12/22/2022. (Kidd, Embry)
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| Filing 103 Unopposed MOTION for Miscellaneous Relief, specifically to grant an extension of time to January 15, 2023, to comply with Court Order (Doc 99) by All Plaintiffs. (Rubin, Glennys) Modified on 12/22/2022 (SPM). |
| Filing 102 RESPONSE in Opposition re #97 MOTION for Leave to File Second Amended Complaint #54 Amended Complaint, Plaintiffs' Motion For Leave to File Second Amended Complaint and Incorporated Memorandum of Law filed by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit 1)(Smith, Sheena) |
| Filing 101 NOTICE of compliance re 98 Order on Motion to Compel, Plaintiffs' Notice of Compliance with Court Order (Doc 98) by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) |
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Filing 100
ORDER granting #85 Joint Stipulation and Motion for Entry of Final Permanent Injunction Order is GRANTED. The Stipulated Permanent Injunction, including the definitions applicable thereto, (Doc. #85-1 at 3-13) is ADOPTED and incorporated herein as a part of this Order. The Court retains jurisdiction over the construction, modification, and enforcement of the Stipulated Permanent Injunction. The claims against the Montgomery Defendants are DISMISSED with prejudice. The Clerk is directed to terminate Montgomery & Newcomb, LLC, Scott Montgomery, and Todd Newcomb as Defendants and amend the case style accordingly. Signed by Judge Carlos E. Mendoza on 12/12/2022. (ALL)
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Filing 99
ORDER granting in part and denying in part #92 Defendants' Motion to Compel Production of Documents Responsive to First Request for Production. Signed by Magistrate Judge Embry J. Kidd on 12/8/2022. (RMN)
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Filing 98
ENDORSED ORDER denying without prejudice #91 Defendants' Motion to Compel Production of Documents Responsive to Third Request for Production. On or before December 16, 2022, the parties are DIRECTED to enter into a confidentiality agreement or file a motion for the Court to make a determination as to any disputed terms. Signed by Magistrate Judge Embry J. Kidd on 12/7/2022. (RMN)
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| Filing 97 MOTION for Leave to File Second Amended Complaint #54 Amended Complaint, by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A - Second Amended Complaint for Damages and Injunctive Relief)(Rubin, Glennys) Modified on 12/7/2022 (SPM). |
| Filing 96 RESPONSE in Opposition re #91 MOTION to Compel Documents Responsive to Third Request for Production filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 12/6/2022 to edit docket text (SRD). |
| Filing 95 RESPONSE in Opposition re #92 MOTION to Compel Documents Responsive to First Request for Production filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 12/6/2022 to edit docket text (SRD). |
| Set deadlines as to #92 MOTION to Compel , #91 MOTION to Compel . Responses due by 12/5/2022 (SPM) |
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Filing 94
ENDORSED ORDER granting #93 Motion for Extension of Time. Plaintiffs may have until and through December 5, 2022, to respond to the motions to compel. Signed by Magistrate Judge Embry J. Kidd on 11/28/2022. (Kidd, Embry)
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| Filing 93 Unopposed Time Sensitive MOTION for Extension of Time to December 5, 2022, to File Response/Reply as to #92 MOTION to Compel Documents Responsive to First Request for Production , #91 MOTION to Compel Documents Responsive to Third Request for Production by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 11/28/2022 (SPM). |
| Filing 92 MOTION to Compel Documents Responsive to First Request for Production by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit Defendants' First Request for Production, #2 Exhibit Plaintiffs' Amended Responses to Defendants' First Request for Production)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 91 MOTION to Compel Documents Responsive to Third Request for Production by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit Defendants' Third Request for Production, #2 Exhibit Plaintiffs' Responses to Defendants' Third Request for Production)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 90
ENDORSED ORDER denying without prejudice #88 Motion to Compel, for failure to comply with Local Rule 3.01(g). The 3.01(g) certificate does not comply with the local rule. Signed by Magistrate Judge Embry J. Kidd on 11/23/2022. (Kidd, Embry)
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Filing 89
ENDORSED ORDER denying without prejudice #87 Motion to Compel, for failure to comply with Local Rule 3.01(g). The 3.01(g) certificate does not comply with the local rule. Signed by Magistrate Judge Embry J. Kidd on 11/23/2022. (Kidd, Embry)
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| Filing 88 MOTION to Compel Production of Documents Responsive to First Request for Production by DVD II Group, LLC, Jason Pride. (Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 87 MOTION to Compel Production of Documents Responsive to Third Request for Production by DVD II Group, LLC, Jason Pride. (Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 86 NOTICE of Appearance by Jeremy Franklin Goldstein on behalf of DVD II Group, LLC, Kevin Knasel, Jason Pride (Goldstein, Jeremy) |
| Filing 85 Joint STIPULATION and MOTION for Entry of Final Permanent Injunction Order as to Montgomery Defendants by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit 1)(Rubin, Glennys) Modified on 8/25/2022 (SPM). |
| Filing 84 NOTICE of filing Local Rule 3.09 Joint Notice of Resolution By Plaintiffs and The Montgomery Defendants Only by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Rubin, Glennys) Modified on 8/25/2022 (SPM). |
| Filing 83 AMENDED ANSWER to #54 Amended Complaint, by Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb. (Luna, Victoria) |
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Filing 82
ORDER granting in part and denying in part #64 Motion to Strike. Signed by Magistrate Judge Embry J. Kidd on 7/22/2022. (CB)
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Filing 81
ORDER granting in part and denying in part #61 Motion to Strike. Signed by Magistrate Judge Embry J. Kidd on 7/22/2022. (CB)
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| Filing 80 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Nikki L. Peters. (NLP) |
| Filing 79 TRANSCRIPT of Motion Hearing (Doc. 66) held on June 9, 2022, before Judge Embry J. Kidd. Court Reporter/Transcriber Nikki Peters, RMR, CRR, CRC,Telephone number courttranscripts@outlook.com, 407-443-0144. Tape Number: Zoom Audio recording. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 7/12/2022 Redacted Transcript Deadline set for 7/22/2022 Release of Transcript Restriction set for 9/19/2022. (NLP) |
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Filing 78
ORDER granting in part and denying in part without prejudice #66 Motion for Protective Order. Signed by Magistrate Judge Embry J. Kidd on 6/13/2022. (CB)
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| Filing 76 Minute Entry. Virtual Proceedings (Zoom) held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 6/9/2022 re #66 MOTION for Protective Order Regarding Disclosure Of Privileged Documents Responsive To Defendants' First And Second Requests For Production filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Zoom digital) (PML) |
| Filing 75 NOTICE of filing Joint Conferral Report In Advance of Hearing on Plaintiffs' Motion for Protective Order Regarding Disclosure of Privileged Documents (Doc. 66) by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. re #66 MOTION for Protective Order Regarding Disclosure Of Privileged Documents Responsive To Defendants' First And Second Requests For Production (Leger, Christian) Modified on 6/9/2022 (SPM). |
| Filing 74 MEMORANDUM in opposition re #64 Motion to Strike filed by Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb. (Luna, Victoria) |
| Filing 73 NOTICE of Zoom hearing on motion re #66 MOTION for Protective Order Regarding Disclosure Of Privileged Documents Responsive To Defendants' First And Second Requests For Production. Motion Hearing set for 6/9/2022 at 10:00 AM in Zoom Video Conference before Magistrate Judge Embry J. Kidd; Zoom ID and password will be provided by email; Business attire is required for all Zoom hearings. Attorneys are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically. Members of the press and public who wish to attend remote hearings must use the web form on the court's internet site: https:// www.flmd.uscourts.gov/webforms/request-remote-access-courtroom-proceedings-press-and-public.(PML) |
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Filing 72
ENDORSED ORDER denying without prejudice #68 Motion for Protective Order; denying without prejudice #69 Motion for Protective Order; denying without prejudice #70 Motion for Protective Order; denying without prejudice #71 Motion for Protective Order. The Court will allow the parties to brief this apex doctrine issue in accordance with the Local Rules, without regard to the Order on Discovery Motions. Plaintiffs are limited to a single brief that covers all of the deponents at issue. Signed by Magistrate Judge Embry J. Kidd on 5/26/2022. (Kidd, Embry)
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| Filing 71 Time-Sensitive Joint Short Form MOTION for Protective Order by Non-Party Geoff Richards, Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Leger, Christian) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/26/2022 (SPM). |
| Filing 70 Time-Sensitive Joint Short Form MOTION for Protective Order by Fiona Downing, Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Leger, Christian) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/26/2022 (SPM). |
| Filing 69 Time-Sensitive Joint Short Form MOTION for Protective Order by Non-Party Stephen Holmes, Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Leger, Christian) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/26/2022 (SPM). |
| Filing 68 Time-Sensitive Joint Short Form MOTION for Protective Order by Non-Party Michael Brown, Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Leger, Christian) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/26/2022 (SPM). |
| Filing 67 RESPONSE in Opposition re #66 MOTION for Protective Order Regarding Disclosure Of Privileged Documents Responsive To Defendants' First And Second Requests For Production filed by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Smith, Sheena) Modified on 5/25/2022 (SPM). |
| Filing 66 MOTION for Protective Order Regarding Disclosure Of Privileged Documents Responsive To Defendants' First And Second Requests For Production by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A)(Quinn, Michael) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/24/2022 (SPM). |
| Filing 65 RESPONSE in Opposition re #61 MOTION to Strike Certain of Defendants', DVD II Group, LLC d/b/a Options Travel Group, Jason Pride, and Kevin Knasel, #56 Answer to amended complaint, #55 Answer to amended complaint, #57 Answer to amended complaint filed by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Smith, Sheena) Modified on 5/24/2022 (SPM). |
| Filing 64 Partially Unopposed MOTION to Strike Certain of Defendants', Montgomery & Newcomb, LLC, Scott Montgomery, and Todd Newcomb, Affirmative Defenses, and Incorporated Memorandum of Law re #60 Answer to amended complaint by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Leger, Christian) Modified on 5/16/2022 (SPM). |
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Filing 63
ENDORSED ORDER denying without prejudice #62 Motion to Compel. Defendants failed to comply with the undersigned's Standing Order on the Procedure for Assertion of Privilege ("In the motion to compel, the party challenging the assertion of privilege shall specifically certify that the party asserting privilege failed to file a motion for protective order as required by this order, which necessitated the filing of a motion to compel. Failure to certify the same will result in the denial of a motion to compel with respect to the assertion of privilege."). Signed by Magistrate Judge Embry J. Kidd on 5/10/2022. (Kidd, Embry)
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| Filing 62 Short Form Discovery MOTION by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Attachments: #1 Exhibit WDRC Responses with Request, #2 Exhibit WVR Responses with Request, #3 Exhibit Second Request for Production, #4 Exhibit Privilege Log)(Smith, Sheena) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 5/10/2022 (SPM). |
| Filing 61 MOTION to Strike Certain of Defendants', DVD II Group, LLC d/b/a Options Travel Group, Jason Pride, and Kevin Knasel, Affirmative Defenses and Treat Others as Denials, and Incorporated Memorandum of Law #56 Answer to amended complaint, #55 Answer to amended complaint, #57 Answer to amended complaint by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Leger, Christian) Modified on 5/10/2022 (SPM). |
| Filing 60 ANSWER and affirmative defenses with Jury Demand to #54 Amended Complaint by Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb.(Luna, Victoria) |
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Filing 59
ENDORSED ORDER granting #58 Motion for Extension of Time to Answer. Scott Montgomery, Todd Newcomb, and Montgomery & Newcomb, LLC, may have until and through April 22, 2022, to respond to the Amended Complaint. Signed by Magistrate Judge Embry J. Kidd on 4/20/2022. (Kidd, Embry)
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| Filing 58 Unopposed MOTION for Extension of Time to File Answer re #54 Amended Complaint by Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb. (Luna, Victoria) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 57 AMENDED ANSWER and affirmative defenses with Jury Demand to #54 Amended Complaint by Jason Pride.(Smith, Sheena) Modified on 4/19/2022 (SPM). |
| Filing 56 AMENDED ANSWER and affirmative defenses with Jury Demand to #54 Amended Complaint by DVD II Group, LLC.(Smith, Sheena) Modified on 4/19/2022 (SPM). |
| Filing 55 AMENDED ANSWER and affirmative defenses with Jury Demand to #54 Amended Complaint by Kevin Knasel.(Smith, Sheena) Modified on 4/19/2022 (SPM). |
| Filing 54 AMENDED COMPLAINT against DVD II Group, LLC, Kevin Knasel, Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb, Jason Pride filed by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation. Related document: #1 Complaint filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.(Rubin, Glennys) Modified on 4/4/2022 (SPM). |
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Filing 53
ORDER granting #50 Motion to Amend. Signed by Magistrate Judge Embry J. Kidd on 3/31/2022. (CB)
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Filing 52
ORDER granting in part and denying in part #44 Motion to Strike. Signed by Magistrate Judge Embry J. Kidd on 3/31/2022. (CB)
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| Filing 51 NOTICE of Filing Supplemental Certificate of Conferral in Accordance with Local Rule 3.01(g)(3) by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. re #50 Partially Unopposed MOTION for Leave to File First Amended Complaint re #1 Complaint (Leger, Christian) Modified on 3/30/2022 (SPM). |
| Filing 50 Partially Unopposed MOTION for Leave to File First Amended Complaint re #1 Complaint by All Plaintiffs. (Attachments: #1 Exhibit A)(Leger, Christian) Modified on 3/29/2022 (SPM). |
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Filing 49
ENDORSED ORDER granting #48 Motion for Partial Relief from Standing Order. The parties may produce privilege logs in accordance with their ESI protocols. All other requirements of the Court's Standing Order on the Procedure for Assertion of Privilege remain in effect. Signed by Magistrate Judge Embry J. Kidd on 3/3/2022. (Kidd, Embry)
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| Filing 48 Joint MOTION for Miscellaneous Relief, specifically Partial Relief from Standing Discovery Order Regarding Assertion of Privilege and Memorandum of Law by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. (Attachments: #1 Exhibit A)(Rubin, Glennys) Modified on 3/3/2022 (SPM). |
| Filing 47 RESPONSE in Opposition re #44 MOTION to Strike Certain of the Montgomery Defendants' Affirmative Defenses and Incorporated Memorandum of Law #41 Answer to Complaint filed by Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb. (Luna, Victoria) Modified text on 2/14/2022 (LDJ). |
| Filing 46 NOTICE of Supplemental Conferral by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. re #44 MOTION to Strike #41 Answer to Complaint (Rubin, Glennys) Modified text on 2/2/2022 (ARJ). |
| Filing 45 CASE REFERRED to Mediation. Mediator: Richard F. Joyce (ARJ) |
| Filing 44 MOTION to Strike #41 Answer to Complaint Plaintiffs' Motion to Strike Certain of the Montgomery Defendants' Affirmative Defenses and Incorporated Memorandum of Law by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Rubin, Glennys) |
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Filing 43
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/28/2022 Joinder of Parties due by 3/28/2022 Discovery due by 6/2/2023 Dispositive motions due by 7/4/2023 Pretrial statement due by 11/6/2023 All other motions due by 11/6/2023 Plaintiff disclosure of expert report due by 4/4/2023 Defendant disclosure of expert report due by 5/4/2023 Trial Status Conference set for 11/16/2023 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Jury Trial set for December 2023 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 6/16/2023. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 1/28/2022. (MEH) ctp
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| Filing 42 CASE MANAGEMENT REPORT. (Rubin, Glennys) |
| Filing 41 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb.(Bennett, John) |
| Filing 40 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by DVD II Group, LLC.(Smith, Sheena) |
| Filing 39 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Kevin Knasel.(Smith, Sheena) |
| Filing 38 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Jason Pride.(Smith, Sheena) |
| Filing 37 CERTIFICATE of interested persons and corporate disclosure statement by Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb. (Luna, Victoria) |
| Filing 36 NOTICE of a related action per Local Rule 1.07(c) by Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb. Related case(s): No (Luna, Victoria) Modified text on 12/29/2021 (ARJ). |
| Filing 35 NOTICE of Appearance Appearance by Christian W. Waugh on behalf of Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb (Waugh, Christian) |
| Filing 34 NOTICE of a related action per Local Rule 1.07(c) by DVD II Group, LLC, Kevin Knasel, Jason Pride. Related case(s): No (Vine, S.) |
| Filing 33 NOTICE of a related action per Local Rule 1.07(c) by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc. Related case(s): No Modified text on 12/15/2021 (ARJ). |
| Filing 32 CERTIFICATE of interested persons and corporate disclosure statement re #12 Order Plaintiffs' Certificate of Interested Persons and Corporate Disclosure Statement by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Rubin, Glennys) |
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Filing 31
ENDORSED ORDER granting #28 Motion for Extension of Time. Defendants Montgomery & Newcomb, LLC, Scott Montgomery, and Todd Newcomb may have until and through January 7, 2022, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 12/15/2021. (Kidd, Embry)
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| Reset deadlines: for Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb. Answer Due 01/07/2022 (ARJ). |
| Filing 30 NOTICE of Appearance by Victoria Shepard Luna on behalf of Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb (Luna, Victoria) |
| Filing 29 NOTICE of Appearance by Michael A Nardella on behalf of Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb (Nardella, Michael) |
| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb. (Bennett, John) |
| Filing 27 NOTICE of Appearance by John Joseph Bennett on behalf of Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb (Bennett, John) |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Smith, Sheena) |
| Filing 25 PROOF of service by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation as to Montgomery & Newcomb, LLC. (Rubin, Glennys) Modified text on 12/15/2021 (ARJ). |
| Filing 24 PROOF of service by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation as to Todd Newcomb. (Rubin, Glennys) Modified text on 12/15/2021 (ARJ). |
| Filing 23 PROOF of service by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation as to Scott Montgomery. (Rubin, Glennys) Modified text on 12/15/2021 (ARJ). |
| Set deadlines: for DVD II Group, LLC, Kevin Knasel, Jason Pride. Response to the Complaint due 1/4/2022. (KNC) |
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Filing 22
ENDORSED ORDER granting #21 Motion for Extension of Time. Defendants DVD II Group, LLC D/B/A Options Travel Group, Kevin Knasel, and Jason Pride may have until and through January 4, 2022, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 12/6/2021. (Kidd, Embry)
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by DVD II Group, LLC, Kevin Knasel, Jason Pride. (Smith, Sheena) |
| Filing 20 NOTICE of Appearance by Sheena Danielle Smith on behalf of DVD II Group, LLC, Kevin Knasel, Jason Pride (Smith, Sheena) |
| Filing 19 NOTICE of Appearance by S. Jonathan Vine on behalf of DVD II Group, LLC, Kevin Knasel, Jason Pride (Vine, S.) |
| Filing 18 RETURN of service executed on 11/24/21 by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation as to DVD II Group, LLC. (Rubin, Glennys) |
| Filing 17 RETURN of service executed on 11/23/21 by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation as to Jason Pride. (Rubin, Glennys) |
| Filing 16 RETURN of service executed on 11/22/21 by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation as to Kevin Knasel. (Rubin, Glennys) |
| Filing 15 RETURN of service executed on 11/26/21 by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation as to Todd Newcomb. (Rubin, Glennys) |
| Filing 14 RETURN of service executed on 11/28/21 by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation as to Scott Montgomery. (Rubin, Glennys) |
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Filing 13
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 12/1/2021. (MEH) ctp
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Filing 12
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 12/1/2021. (MEH) ctp
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Filing 11
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 11/19/2021. (PML) ctp
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| Filing 10 Trademark Report sent to Alexandria, VA. (BD) |
| Filing 9 SUMMONS issued as to DVD II Group, LLC, Kevin Knasel, Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb, Jason Pride. (SPM) |
| Filing 8 PROPOSED summons to be issued by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Rubin, Glennys) |
| Filing 7 PROPOSED summons to be issued by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Rubin, Glennys) |
| Filing 6 PROPOSED summons to be issued by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Rubin, Glennys) |
| Filing 5 PROPOSED summons to be issued by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Rubin, Glennys) |
| Filing 4 PROPOSED summons to be issued by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Rubin, Glennys) |
| Filing 3 PROPOSED summons to be issued by Wyndham Resort Development Corporation, Wyndham Vacation Resorts Inc.. (Rubin, Glennys) |
| Filing 2 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Embry J. Kidd. New case number: 6:21-cv-1937-CEM-EJK. (NAS) |
| Filing 1 COMPLAINT Complaint for Damages and Injunctive Relief against DVD II Group, LLC, Kevin Knasel, Scott Montgomery, Montgomery & Newcomb, LLC, Todd Newcomb, Jason Pride (Filing fee $ 402 receipt number AFLMDC-18940374) filed by Wyndham Vacation Resorts Inc., Wyndham Resort Development Corporation. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons)(Rubin, Glennys) Modified text on 11/18/2021 (BD). |
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