Wyndham Vacation Resorts, Inc. et al v. Timeshare Exit Hotline et al
| Wyndham Vacation Resorts, Inc. and Wyndham Resort Development Corporation |
| Timeshare Exit Hotline a/k/a Airtime Media, LLC, Fonbuena Law Firm, CHTD d/b/a Timeshare Defense Attorneys, Fonbuena Law Firm, PLLC, d/b/a Timeshare Defense Attorneys, Richard Fonbuena, Timeshare Exit Hotline, Airtime Media, LLC, Fonbuena Law Firm, CHTD a Nevada limited liability company doing business as Timeshare Defense Attorneys and Fonbuena Law Firm, PLLC a Utah limited liability company doing business as Timeshare Defense Attorneys |
| 6:2022cv00674 |
| April 6, 2022 |
| US District Court for the Middle District of Florida |
| David A Baker |
| Wendy W Berger |
| Gregory J Kelly |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 28 Trademark Report sent to Alexandria, VA. (KNC) |
Filing 27
ORDER: The Amended Joint Motion and Stipulation for Entry of Amended FinalPermanent Injunction Order as to Fonbuena Defendants Only (Doc. 16) isDENIED. Pursuant to Local Rule 3.09(b) of the Middle District of Florida this cause is DISMISSED with prejudice subject to the right of any party, within sixty days from the date of this Order, to move the Court to enter a stipulated form of final order or judgment, or, on good cause shown, to reopen the case for further proceedings. All other pending motions are DENIED as moot. The Clerk is directed to close this file. Signed by Judge Wendy W. Berger on 11/14/2022. (RMF)
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| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE re #24 Order to show cause, filed by Richard Fonbuena, Fonbuena Law Firm, CHTD, Fonbuena Law Firm, PLLC. (Partlow, Jeffrey) |
| Filing 25 RESPONSE TO ORDER TO SHOW CAUSE re #24 Order to show cause, filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 10/27/2022 to edit docket text (KNC). |
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Filing 24
ORDER to Show Cause: the parties are hereby ORDERED TO SHOW CAUSE by a written response filed on or before October 28, 2022, why this case should not be dismissed, pursuant to Local Rule 3.10. Signed by Judge Wendy W. Berger on 10/24/2022. (RMF)
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Filing 23
ENDORSED ORDER GRANTING #22 MOTION for Extension of Time to File Answer re #19 Amended Complaint. Richard Fonbuena answer or response due 11/30/2022; Fonbuena Law Firm, CHTD answer or response due 11/30/2022; Fonbuena Law Firm, PLLC answer or response due 11/30/2022. Signed by Magistrate Judge David A. Baker on 10/18/2022. (JPR)
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| Filing 22 MOTION for Extension of Time to File Answer re #19 Amended Complaint, by Richard Fonbuena, Fonbuena Law Firm, CHTD, Fonbuena Law Firm, PLLC. (Partlow, Jeffrey) Motions referred to Magistrate Judge David A. Baker. |
| Filing 21 NOTICE of compliance and Notice of Ripeness for Adjudication of Amended Final Permanent Injunction Order as to Fonbuena Defendants Only re #18 Order directing compliance by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A)(Rubin, Glennys) Modified on 10/4/2022 to edit docket text (KNC). |
| Filing 20 NOTICE of Filing Corrected Exhibit to the Parties' Amended Stipulated Final Permanent Injunction Order by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc. re #16 AMENDED JOINT MOTION and Stipulation for Entry of Final Permanent Injunction Order as to Fonbuena Defedants Only (Attachments: #1 Exhibit A)(Rubin, Glennys) Modified on 10/4/2022 to edit docket text (KNC). |
| Filing 19 FIRST AMENDED COMPLAINT For Damages and Injunctive Relief against Richard Fonbuena, Fonbuena Law Firm, CHTD, Fonbuena Law Firm, PLLC 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 9/26/2022 to edit docket text (KNC). |
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Filing 18
ORDER that the Notice #17, construed as a motion to amend, is GRANTED. On or before September 28, 2022, Plaintiffs shall file an amended pleading to remove all claims against Defendant Timeshare Exit Hotline a/k/a Airtime Media, LLC. Signed by Judge Wendy W. Berger on 9/21/2022. (RMF)
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| Filing 17 NOTICE of voluntary dismissal, without prejudice of Complaint against Airtime Media, LLC only by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 9/22/2022, to add docket text. (SPB). |
| Filing 16 AMENDED JOINT MOTION and Stipulation for Entry of Final Permanent Injunction Order as to Fonbuena Defedants Only #13 Joint NOTICE of Settlement and MOTION and Stipulation for Entry of Final Permanent Injunction Order by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A)(Rubin, Glennys) Motions referred to Magistrate Judge David A. Baker. Modified on 9/21/2022, to edit docket text. (SPB) |
| Filing 15 OBJECTION by Timeshare Exit Hotline re #13 Joint NOTICE of Settlement and MOTION and Stipulation for Entry of Final Permanent Injunction Order . (Anthony, Robert) Modified on 9/9/2022 to edit the docket text (RPB). |
| Filing 14 NOTICE of Appearance by Jeffrey Michael Partlow on behalf of Richard Fonbuena, Fonbuena Law Firm, CHTD, Fonbuena Law Firm, PLLC (Partlow, Jeffrey) |
| Filing 13 Joint NOTICE of Settlement and MOTION and Stipulation for Entry of Final Permanent Injunction Order by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A)(Rubin, Glennys) Modified on 8/4/2022 to edit docket text (KNC). |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified on 7/13/2022 to edit docket text (KNC). |
| Filing 11 RETURN of service executed on 6/29/22 by Wyndham Vacation Resorts, Inc., Wyndham Resort Development Corporation as to Timeshare Exit Hotline. (Rubin, Glennys) |
| Filing 10 NOTICE to counsel G. Mark Albright of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (RDO) |
| Filing 9 WAIVER of service returned executed on June 23, 2022 by Wyndham Vacation Resorts, Inc., Wyndham Resort Development Corporation as to Richard Fonbuena, Fonbuena Law Firm, CHTD, Fonbuena Law Firm, PLLC. (Rubin, Glennys) |
| Filing 8 Case Reassigned to Magistrate Judge David A. Baker. New case number: 6:22-cv-674-WWB-DAB. US Magistrate Judge Gregory J Kelly no longer assigned to the case. (MLJ) |
| Filing 7 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
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Filing 6
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). 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 Wendy W. Berger on 4/18/2022. (RMF)
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Filing 5
ORDER Standing Discovery Order Signed by Mag Jdg Celeste F Bremer on 4/8/2022. (MB)
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| Filing 4 SUMMONS issued as to All Defendants. (KNC) |
| Filing 3 Trademark Report sent to Alexandria, VA. (KNC) |
| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Gregory J. Kelly. New case number: 6:22-cv-0674-WWB-GJK. (SJB) |
| Filing 1 COMPLAINT against Wyndham Vacation Resorts, Inc. (Filing fee $ 402 receipt number AFLMDC-19432192) 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)(Rubin, Glennys) |
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