Tina et al v. Westgate Vacation Villas LLC et al
| Nicholas Tina, Lissette Tina, Kevin Kubera, James Young and Lauren Young |
| Westgate Vacation Villas LLC, Westgate Resorts Ltd., Westgate Marketing, LLC, Westgate Resorts Inc., Central Florida Investments, Inc., CFI Resorts Management, Inc., The David A. Siegel Irrevocable Trust, The David A. Siegel Revocable Trust, Westgate Blue Tree Orlando, LTD, Westgate Daytona Beach Oceanfront Resort, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at The Woods, LLC, Westgate GV at Tunica, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate River Terrace, LLC, Westgate RVS Orlando, LLC, Westgate South Beach, LLC and Westgate Towers, LLC |
| 6:2025cv01924 |
| October 3, 2025 |
| U.S. District Court for the Middle District of Florida |
| Paul G Byron |
| Nathan W Hill |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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Filing 43
ENDORSED ORDER granting #42 Motion for Extension of Time to File Response to the #39, #40, and #41 Motions to Dismiss. Plaintiff's response in opposition shall be filed on or before May 8, 2026. Signed by Judge Paul G. Byron on 3/17/2026. (GML)
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| Filing 42 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss Plaintiffs' Amended Complaint and to Strike Plaintiffs' class allegations MOTION to Strike, #40 MOTION to Dismiss Plaintiffs Amended Complaint MOTION to Strike, #41 MOTION to Dismiss Amended Complaint MOTION to Strike by All Plaintiffs. (Newsome, Jeffrey) |
| Filing 41 MOTION to Dismiss Amended Complaint and to Strike by CFI Resorts Management, Inc., Central Florida Investments, Inc., The David A. Siegel Irrevocable Trust, The David A. Siegel Revocable Trust, Westgate Marketing, LLC, Westgate Resorts Inc., Westgate Resorts Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(New, Benjamin) . Added MOTION to Strike on 3/3/2026 and edit docket text (RN). |
| Filing 40 MOTION to Dismiss Plaintiffs Amended Complaint and to Strike by Westgate Blue Tree Orlando, LTD, Westgate Daytona Beach Oceanfront Resort, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at The Woods, LLC, Westgate GV at Tunica, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate RVS Orlando, LLC, Westgate River Terrace, LLC, Westgate South Beach, LLC, Westgate Towers, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(New, Benjamin) . Added MOTION to Strike on 3/3/2026 and edit docket text(RN). |
| Filing 39 MOTION to Dismiss Plaintiffs' Amended Complaint and to Strike Plaintiffs' class allegations by Westgate Flamingo Bay, LLC, Westgate Lakes, LLC, Westgate Vacation Villas LLC. (Attachments: #1 Exhibit 01 - Tina Service Record, #2 Exhibit 02 - Tina Equity Transfer, #3 Exhibit 03 - Kubera Service Report on Dates of Purchase, #4 Exhibit 04 - Kubera Annual Service Record, #5 Exhibit 05 - Huskey v. Wyndham- DE 66 Order re Defs' MTD)(Epstein, Richard) . Added MOTION to Strike event on 3/3/2026 (RN). |
| Filing 38 Amended NOTICE OF SELECTION of Gregory P. Holder as mediator by Kevin Kubera, Lissette Tina, Nicholas Tina, Lauren Young, James Young. (Newsome, Jeffrey) Modified on 2/18/2026 as to docket text (ARL). |
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Filing 37
ORDER. This cause is before the Court on the Court's Order (Doc. #33 (the "Order")) and the parties' Notice of Selection of Mediator. (Doc. #35 (the "Notice")). The Order required the parties to advise the Court as to the selection of a mediator and the mediation date. The Notice contained the name of the mediator but did not include the mediation date. Therefore, it is ORDERED that the parties shall file an Amended Notice including the mediation date within fourteen (14) days of the date of this Order. Failure to comply with this Order may result in the dismissal of the case or in other appropriate sanctions. Signed by Judge Paul G. Byron on 2/18/2026. (KM)
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| Filing 36 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by CFI Resorts Management, Inc., Central Florida Investments, Inc., The David A. Siegel Irrevocable Trust, The David A. Siegel Revocable Trust, Westgate Blue Tree Orlando, LTD, Westgate Daytona Beach Oceanfront Resort, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at The Woods, LLC, Westgate GV at Tunica, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate RVS Orlando, LLC, Westgate River Terrace, LLC, Westgate South Beach, LLC, Westgate Towers, LLC identifying Corporate Parent Westgate Resorts, LTD for Westgate Daytona Beach Oceanfront Resort, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at The Woods, LLC, Westgate GV at Tunica, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate RVS Orlando, LLC, Westgate River Terrace, LLC, Westgate South Beach, LLC, Westgate Towers, LLC; Corporate Parent Central Florida Investments, Inc. for CFI Resorts Management, Inc., Westgate Blue Tree Orlando, LTD; Corporate Parent David A. Siegel Trust for Central Florida Investments, Inc.; Other Affiliate Michael Marder for The David A. Siegel Irrevocable Trust, The David A. Siegel Revocable Trust.. (Epstein, Richard) |
| Filing 35 NOTICE OF SELECTION of Gregory P. Holder as mediator by Kevin Kubera, Lissette Tina, Nicholas Tina, Lauren Young, James Young. (Newsome, Jeffrey) |
| Filing 34 CASE REFERRED to Mediation. (JG) |
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Filing 33
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/6/2026. Joinder of Parties due by 4/6/2026. Discovery due by 4/5/2027. Dispositive motions due by 5/3/2027. Pretrial statement due by 8/16/2027. All other motions due by 8/23/2027. Plaintiff disclosure of expert report due by 2/1/2027. Defendant disclosure of expert report due by 3/1/2027. Final Pretrial Conference set for 9/21/2027 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Jury Trial set for the trial term commencing on 10/4/2027 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 4/12/2027. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 2/3/2026. (KM)
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| Filing 32 CASE MANAGEMENT REPORT. (Newsome, Jeffrey) |
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Filing 31
ENDORSED ORDER to strike re: #30 Case Management Report. The parties are to confer and file an Amended Case Management Report on or before January 28, 2026 that includes all requested dates. Signed by Judge Paul G. Byron on 1/14/2026. (KM)
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| Filing 30 STRICKEN per Order 31 CASE MANAGEMENT REPORT. (Newsome, Jeffrey) Modified on 1/15/2026 to edit docket text (ELA). |
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Filing 29
ENDORSED ORDER granting #27 Motion for Extension of Time to Answer. Westgate Marketing, LLC answer or response due 3/2/2026; Westgate Resorts Inc. answer or response due 3/2/2026; Westgate Resorts Ltd. answer or response due 3/2/2026; Westgate Vacation Villas LLC answer or response due 3/2/2026. Signed by Magistrate Judge Nathan W. Hill on 1/9/2026. (Hill, Nathan)
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Filing 28
ENDORSED ORDER finding as moot #23 Motion to Dismiss Complaint and Strike in light of the #26 Amended Complaint. Signed by Judge Paul G. Byron on 1/9/2026. (GML)
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| Filing 27 Unopposed MOTION for Extension of Time to File Answer re #26 Amended Complaint by Westgate Marketing, LLC, Westgate Resorts Inc., Westgate Resorts Ltd., Westgate Vacation Villas LLC. (New, Benjamin) |
| Filing 26 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Lissette Tina, Nicholas Tina, Kevin Kubera, James Young, Lauren Young. (Attachments: #1 Exhibit A - Tina Contract, #2 Exhibit B - 2017 Kubera Contract, #3 Exhibit C - 2018 Kubera Contract, #4 Exhibit D - Young Contract, #5 Exhibit E - Tina Note, #6 Exhibit F - Kubera 2017 Note, #7 Exhibit G - 2018 Kubera Note, #8 Exhibit H - Young Note, #9 Exhibit I - Tina Deed, #10 Exhibit J - Young Deed, #11 Exhibit K - Tina Arb. Addendum, #12 Exhibit L - 2018 Kubera Arb. Addendum, #13 Exhibit M - Tina Closing Disclosure, #14 Exhibit N - 2017 Kubera Closing Disclosure, #15 Exhibit O - 2018 Kubera Closing Disclosure, #16 Exhibit P - Young Closing Disclosure, #17 Exhibit Q - 2025 MLA Disclosure)(Newsome, Jeffrey) |
| Filing 25 NOTICE of Lead Counsel Designation by Richard W. Epstein on behalf of Westgate Marketing, LLC, Westgate Resorts Inc., Westgate Resorts Ltd., Westgate Vacation Villas LLC. Lead Counsel: Richard W. Epstein. (Epstein, Richard) |
| Filing 24 NOTICE of a related action per Local Rule 1.07(c) by Westgate Marketing, LLC, Westgate Resorts Inc., Westgate Resorts Ltd., Westgate Vacation Villas LLC. Related case(s): No (Epstein, Richard) |
| Filing 23 MOTION to Dismiss Complaint and Strike Plaintiffs' Class Allegations by Westgate Marketing, LLC, Westgate Resorts Inc., Westgate Resorts Ltd., Westgate Vacation Villas LLC. (Epstein, Richard) |
| Filing 22 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Westgate Marketing, LLC, Westgate Resorts Inc., Westgate Resorts Ltd., Westgate Vacation Villas LLC identifying Corporate Parent Westgate Resorts, Ltd. for Westgate Marketing, LLC, Westgate Vacation Villas LLC; Other Affiliate David A. Siegel Trust for Westgate Resorts Inc. ; Corporate Parent Central Florida Investments, Inc. for Westgate Resorts Ltd. (Epstein, Richard) Modified text on 12/8/2025 (EGP). |
| REFUND for duplicate payment. Receipt number AFLMDC-23955332 refunded in the amount of $ $405.00 paid to Elisbeth V McGowan Varnell and Warwick.. (NLC) |
| Filing 21 NOTICE of Filing Civil Cover Sheet by Lissette Tina, Nicholas Tina. Amendment to #1 Complaint. (Newsome, Jeffrey) Modified on 10/9/2025 to edit docket text (JDR). |
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Filing 20
ENDORSED ORDER. In light of 18 the Court's Order granting the #14 Motion to Amend the Civil Cover Sheet, Plaintiffs shall file their amended civil cover sheet on or before October 16, 2025. Signed by Judge Paul G. Byron on 10/9/2025. (GML)
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| Filing 19 NOTICE TO COUNSEL Pamela G Levinson of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (LJC) |
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Filing 18
ENDORSED ORDER granting #14 Plaintiffs' Motion to Amend the Civil Cover Sheet. Signed by Judge Paul G. Byron on 10/8/2025. (GML)
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| Filing 17 NOTICE TO COUNSEL Roger L. Mandel Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; Pay the Special Admission Fee (Signed by Deputy Clerk). (ELA) |
| Filing 16 AMENDED NOTICE of Lead Counsel Designation by Jeffrey Lee Newsome, II on behalf of Lissette Tina, Nicholas Tina. Lead Counsel: Brian Warwick. (Newsome, Jeffrey) Modified on 10/8/2025 to edit docket text (ELA). |
| Filing 15 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Lissette Tina, Nicholas Tina. (Newsome, Jeffrey) |
| Filing 14 MOTION to Correct Civil Cover Sheet by Lissette Tina, Nicholas Tina. (Attachments: #1 Exhibit A. Corrected Civil Cover Sheet)(Newsome, Jeffrey) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Lissette Tina, Nicholas Tina. Related case(s): Yes (Newsome, Jeffrey) |
| Filing 12 NOTICE of Lead Counsel Designation by Jeffrey Lee Newsome, II on behalf of Lissette Tina, Nicholas Tina. Lead Counsel: Brian Warwick. (Newsome, Jeffrey) |
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Filing 11
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Nathan W. Hill on 10/7/2025. (JOR)
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| Filing 10 NOTICE TO COUNSEL All counsel of record 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). (MLB) |
| Filing 9 WAIVER of service returned executed on 10/6/25 by Nicholas Tina, Lissette Tina as to Westgate Resorts Inc. (Newsome, Jeffrey) Modified on 10/7/2025 to edit the docket text (MLB). |
| Filing 8 WAIVER of service returned executed on 10/6/25 by Nicholas Tina, Lissette Tina as to Westgate Marketing, LLC. (Newsome, Jeffrey) |
| Filing 7 WAIVER of service returned executed on 10/6/25 by Nicholas Tina, Lissette Tina as to Westgate Resorts Ltd. (Newsome, Jeffrey) Modified on 10/7/2025 to edit the docket text (MLB). |
| Filing 6 WAIVER of service returned executed on 10/6/25 by Nicholas Tina, Lissette Tina as to Westgate Vacation Villas LLC. (Newsome, Jeffrey) |
| Filing 5 SUMMONS issued as to Westgate Marketing, LLC, Westgate Resorts Inc., Westgate Resorts Ltd., Westgate Vacation Villas LLC. (KME) |
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Filing 4
ENDORSED ORDER. The parties are DIRECTED to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report. The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. Signed by Judge Paul G. Byron on 10/6/2025. (KM)
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Filing 3
INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 10/6/2025. (KM)
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| Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Nathan W. Hill. New case number: 6:25-cv-1924-PGB-NWH. (AA) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-23955434) filed by All Plaintiffs. (Attachments: #1 Exhibit Contract, #2 Exhibit Note, #3 Exhibit Deed, #4 Exhibit Addendum, #5 Exhibit Disclosure, #6 Exhibit MLA Disclosure, #7 Civil Cover Sheet, #8 Proposed Summons)(Newsome, Jeffrey) |
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