Pandora Marketing, LLC et al v. Wyndham Vacation Ownership, Inc. et al
Pandora Marketing, LLC, Pandora Servicing, LLC, Rich Folk and William Wilson |
Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC, SVC-Americana, LLC and SVC-Hawaii, LLC |
Julie H. O'Kane |
6:2023cv01513 |
August 8, 2023 |
US District Court for the Middle District of Florida |
Wendy W Berger |
Embry J Kidd |
Contract: Other |
28 U.S.C. § 1442 Notice of Removal-Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 49 ORDER granting #48 Defendants' Unopposed Motion for Christian M. Leger, Esq. to Withdraw as Counsel of Record. Attorney Christian Leger terminated. Signed by Magistrate Judge Embry J. Kidd on 10/25/2023. (ADH) |
Filing 48 Unopposed MOTION for Christian M. Leger to Withdraw as Attorney by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Leger, Christian) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 47 MOTION for Leave to File Other Document :Reply in Support of #24 Motion to Dismiss Plaintiffs' Complaint by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 10/19/2023 as to docket text (ARL). |
Filing 46 RESPONSE in Opposition re #24 MOTION to Dismiss Complaint with Prejudice filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Jontz, Eric) |
Filing 45 DEMAND for trial by jury by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Jontz, Eric) |
Filing 44 Unopposed MOTION for Leave to File Other Document: Sur-Reply in Support of Opposition to Plaintiffs' Motion for Remand by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 10/10/2023 (GL). |
Filing 43 REPLY to Response in Opposition to Motion re #23 MOTION to Remand to Orange County Circuit Court filed by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Jontz, Eric) (Modified on 10/10/2023, to edit text) (BGR). |
Filing 42 ENDORSED ORDER granting #40 Motion for Leave to File Reply to Response to Motion to Remand. Plaintiffs may file a reply not to exceed five pages on or before October 6, 2023. Signed by Judge Wendy W. Berger on 10/3/2023. (CHM) |
Filing 41 RESPONSE in Opposition re #40 MOTION for Leave to File Other Document :reply to response to motion to remand filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Rubin, Glennys) Modified text on 10/4/2023 (MCB). |
Filing 40 MOTION for Leave to File Other Document :reply to response to motion to remand by All Plaintiffs. (Jontz, Eric) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 39 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/31/2023 Joinder of Parties due by 10/31/2023 Discovery due by 4/4/2025 Dispositive motions due by 5/6/2025 Pretrial statement due by 9/8/2025 All other motions due by 8/6/2025 Plaintiff disclosure of expert report due by 7/26/2024 Defendant disclosure of expert report due by 8/30/2024 Trial Status Conference set for 9/9/2025 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Bench Trial set for the October 2025 trial term commencing on 10/6/2025 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 4/18/2025. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 10/2/2023. (RMF) |
Filing 38 ENDORSED ORDER denying as moot #36 Amended Motion for Extension of Time, in light of the Court's Order at Doc. 37. The amended Local Rule 3.01(g) certification--which differs radically from the first--leaves the Court with more questions than answers. Regardless, nothing in the amended motion changes the Court's view of the amount of additional time warranted to respond to the Motion to Dismiss. Counsel are cautioned that they must present an accurate recital of conferral efforts, and a definitive statement as to opposing counsel's position, in any future certification. Signed by Magistrate Judge Embry J. Kidd on 10/2/2023. (Kidd, Embry) |
Filing 37 ENDORSED ORDER granting in part and denying in part #34 Motion for Extension of Time. Plaintiffs may have until and through October 16, 2023, to respond to the Motion to Dismiss. The Motion is denied to the extent that it is based on the pendency of the Motion to Remand. Signed by Magistrate Judge Embry J. Kidd on 10/2/2023. (Kidd, Embry) |
Filing 36 Amended MOTION for Extension of Time to File Response/Reply as to #34 MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Dismiss Complaint with Prejudice by All Plaintiffs. (Jontz, Eric) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 35 RESPONSE in Opposition re #34 MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Dismiss Complaint with Prejudice Defendants' Response in Opposition to Plaintiffs' Motion for Extension of Time and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Email)(Rubin, Glennys) |
Filing 34 PARTIALLY Unopposed MOTION for Extension of Time to Respond as to #24 MOTION to Dismiss Complaint with Prejudice by All Plaintiffs. (Jontz, Eric) Motions referred to Magistrate Judge Embry J. Kidd. (Modified on 10/2/2023, to edit text) (BGR). |
Filing 33 CASE MANAGEMENT REPORT. (Rubin, Glennys) |
Filing 32 CASE MANAGEMENT REPORT. (Rubin, Glennys) |
Filing 31 RESPONSE in Opposition re #23 MOTION to Remand to Orange County Circuit Court by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2)(Rubin, Glennys) Modified on 9/22/2023 (SPM). |
Filing 30 ENDORSED ORDER granting #29 Motion for Extension of Time. The parties may have until and through September 22, 2023, to file their case management report. Signed by Magistrate Judge Embry J. Kidd on 9/19/2023. (Kidd, Embry) |
Set deadlines: Case management report due by 9/22/2023 (SPM) |
Filing 29 Unopposed MOTION for Extension of Time to File case management report by All Plaintiffs. (Jontz, Eric) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 28 NOTICE by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson of Filing Returns of Service (Attachments: #1 Exhibit)(Jontz, Eric) |
Filing 27 NOTICE by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #24 MOTION to Dismiss Complaint with Prejudice Defendants' Notice of Updated 3.01(g) Certification Re: [DE 024] (Rubin, Glennys) |
Filing 26 SUPPLEMENTAL Local Rule 3.01(g) Certification re #23 MOTION to Remand to Orange County Circuit Court by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Jontz, Eric) Modified text on 9/12/2023 (BD). |
Filing 25 CORPORATE Disclosure Statement by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. (Jontz, Eric) |
Filing 24 MOTION to Dismiss Complaint with Prejudice and Incorporated Memorandum of Law by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6)(Rubin, Glennys) Modified text on 9/12/2023 (BD). |
Filing 23 MOTION to Remand to Orange County Circuit Court by Pandora Marketing, LLC. (Jontz, Eric) Modified on 9/8/2023, counsel notified exhibits should be docketed as attachments to main filing (JK). |
Filing 22 ENDORSED ORDER granting #20 Motion for Extension of Time. The deadline for the parties to file their Certificate of Interested Persons and Corporate Disclosure Statement is extended to September 8, 2023. Signed by Magistrate Judge Embry J. Kidd on 8/28/2023. (Kidd, Embry) |
Filing 21 ENDORSED ORDER granting #17 Motion for Extension of Time to Answer. Defendants may have until and through September 11, 2023, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 8/28/2023. (Kidd, Embry) |
Filing 20 Unopposed MOTION for Extension of Time to File Certificate of Interested Persons by All Plaintiffs. (Jontz, Eric) Motions referred to Magistrate Judge Embry J. Kidd. |
Filing 19 NOTICE of a related action per Local Rule 1.07(c) by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Related case(s): Yes (Rubin, Glennys) (Modified on 8/28/2023 to edit docket text) (JDR). |
Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #10 Interested Persons Order Defendants' Disclosure Statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) |
Filing 17 Time Sensitive UNOPPOSED MOTION for Extension of Time to Respond to Plaintiffs' Complaint re #1 Notice of Removal by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys) Motions referred to Magistrate Judge Embry J. Kidd. (Modified on 8/28/2023 to edit docket text) (JDR). |
Filing 16 NOTICE of Lead Counsel Designation by Eric B. Jontz on behalf of Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson. Lead Counsel: Michael P. Beltran. (Jontz, Eric) |
Filing 15 NOTICE of Pendency of Other Actions by Rich Folk, Pandora Marketing, LLC, Pandora Servicing, LLC, William Wilson (Jontz, Eric) (Modified on 8/28/2023 to edit docket text) (JDR). |
Filing 14 NOTICE TO COUNSEL Michael Paul Beltran and Eric B. Jontz of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (GL) |
Filing 13 Case Reassigned to Judge Wendy W. Berger. New case number: 6:23-cv-1513-WWB-EJK. Judge Anne C. Conway no longer assigned to the case. (RPB) |
Filing 12 ORDER transferring case to the Honorable Wendy W. Berger to be considered with Case No. 6:19-cv-01908-WWB-EJK. Signed by Judge Anne C. Conway on 8/17/2023. (KLD) Modified text on 8/21/2023 (GL). |
Filing 11 ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 8/14/2023. (JOR) |
Filing 10 INITIAL CASE ORDER - 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. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 8/11/2023. (KLD) |
Filing 9 Case Reassigned to Magistrate Judge Embry J. Kidd. New case number: 6:23-cv-1513-ACC-EJK. Magistrate Judge Robert M. Norway no longer assigned to the case. (RN) |
Filing 8 ORDER transferring this case to the Honorable Embry J. Kidd, with his consent, to be considered with other related cases. Signed by Magistrate Judge Robert M. Norway on 8/10/2023. (JBS) |
Filing 7 Amended Certificate of Service by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #4 Notice (Other) (Rubin, Glennys) (Modified on 8/10/2023 to edit docket text) (JDR). |
Filing 6 Amended Certificate of Service by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #1 Notice of Removal (Rubin, Glennys) (Modified on 8/10/2023 to edit docket text) (JDR). |
Filing 5 NOTICE of a related action by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Related case(s): Yes (Rubin, Glennys) (Modified on 8/10/2023 to edit docket text) (JDR). |
Filing 4 NOTICE of Filing Form JS 44 Civil Cover Sheet by SVC-Americana, LLC, SVC-Hawaii, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #1 Notice of Removal (Attachments: #1 Civil Cover Sheet )(Rubin, Glennys) (Modified on 8/10/2023 to edit docket text) (JDR). |
Filing 3 NOTICE TO COUNSEL Alfred Bennington that Form JS 44 Civil Cover Sheet is required for the Clerk of Court to initiate a civil docket sheet. File the Civil Cover Sheet in this action using the Notice (Other) event. (Signed by Deputy Clerk). (ARL) |
Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Robert M. Norway. New case number: 6:23-cv-1513-ACC-RMN. (AM) |
Filing 1 COMPLAINT and NOTICE OF REMOVAL from Ninth Judicial Circuit, Orange County, Florida, case number 2023-CA-014245-O filed in State Court on August 7, 2023. Filing fee $402, receipt number AFLMDC-21128467 filed by Wyndham Vacation Resorts, Inc., Wyndham Resort Development Corporation, SVC-Americana, LLC, Shell Vacations, LLC, SVC-Hawaii, LLC, Wyndham Vacation Ownership, Inc. (Attachments: #1 State Docket Sheet/State Court COMPLAINT and State Court Other Documents #2 Exhibit 2, #3 Exhibit 3 , #4 Exhibit 4 )(Bennington, Alfred) Modified on 8/9/2023 as to docket text (ARL). |
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