Wyndham Vacation Ownership, Inc. et al v. CLS, Inc. et al
| Wyndham Resort Development Corporation, Shell Vacations, LLC, Wyndham Vacation Ownership, Inc., SVC-West, LLC, SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc. and SVC-Americana, LLC |
| 417 MRC, LLC, Dan Chudy, Clapp Business Law, LLC, Mutual Release Corporation, Jason Levi Hemingway, VCS Communications, LLC, Mary Clapp, Esq., The Transfer Group, LLC, Real Travel, LLC, Matthew Tucker, The Mid-West Transfer, LLC, Midwest Transfers LLC, JJ Midwest Marketing LLC, CLS, Inc., Bart Bowe, Transfer For You LLC, Donnelly Snellen, Catalyst Consulting Firm LLC, Allied Solution Group, LLC, Brian Scroggs, JJ&C Marketing, LLC, Vacation Consulting Services, LLC, Josh Ungaro and CLS, Inc. a Missouri corporation doing business as Atlas Vacation Remedies doing business as Principal Transfer Group |
| 8:2019cv00244 |
| February 5, 2019 |
| US District Court for the Middle District of Florida |
| Susan C Bucklew |
| Amanda Arnold Sansone |
| Trademark |
| 15 U.S.C. § 1125 |
| Defendant |
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Filing 117
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 6/1/2020, Dispositive motions due by 7/1/2020, Pretrial Conference set for 11/4/2020 at 08:30 AM in Tampa Courtroom 10 B before Judge Susan C. Bucklew, Conduct mediation hearing by 6/15/2020. This case is set for a jury trial on the Court's December 2020 trial calendar. Signed by Judge Susan C. Bucklew on 3/29/2019. (JD)
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| Filing 116 CASE MANAGEMENT REPORT. (Bennington, Alfred) |
| Filing 115 RESPONSE in Opposition re #106 MOTION to dismiss for failure to state a claim filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Modified text on 3/12/2019 (BSN). |
| Filing 114 RESPONSE in Opposition re #108 MOTION to dismiss for failure to state a claim filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Modified text on 3/12/2019 (BSN). |
| Filing 113 RESPONSE in Opposition re #110 Second MOTION to Dismiss Amended Complaint filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Modified text on 3/12/2019 (BSN). |
| Filing 112 RESPONSE in Opposition re #107 MOTION to dismiss for failure to state a claim filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) Modified text on 3/12/2019 (BSN). |
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Filing 111
ENDORSED ORDER directing the parties to file a joint case management report by 3/21/19. Signed by Judge Susan C. Bucklew on 2/25/2019. (JD)
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| Filing 110 Second MOTION to Dismiss Amended Complaint by Clapp Business Law, LLC, Mary Clapp, Esq. (Clapp, Mary) Modified text on 2/26/2019 (BSN). |
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Filing 109
ENDORSED ORDER directing Clapp Business Law and Mary Clapp to file a response to the amended complaint by 3/1/19. Signed by Judge Susan C. Bucklew on 2/25/2019. (JD)
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| Filing 108 MOTION to dismiss for failure to state a claim by Real Travel, LLC, The Transfer Group, LLC. (Zetrouer, Shannon) |
| Filing 107 MOTION to dismiss for failure to state a claim by Bart Bowe, Brian Scroggs. (Zetrouer, Shannon) |
| Filing 106 MOTION to dismiss for failure to state a claim by VCS Communications, LLC, Vacation Consulting Services, LLC. (Zetrouer, Shannon) |
| Filing 105 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint, #2 Order transferring case to MDFL) (JNB) |
| Filing 104 NOTICE of designation under Local Rule 3.05 - Track 2 (MSS) |
| Filing 103 NOTICE to counsel of new case number and judge assignment 8:19-cv-244-T-24AAS (signed by deputy clerk). (JNB) |
| Filing 102 Case transferred in from District of Florida Southern; Case Number 9:18-cv-81250. File received electronically |
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Filing 101
ORDER OF TRANSFER TO THE MIDDLE DISTRICT OF FLORIDA and granting #99 Unopposed Motion to Transfer to the Middle District of Florida. The Clerk shall CLOSE the case file in this district and DENY any pending motions as moot. Signed by Judge William P. Dimitrouleas on 2/4/2019. See attached document for full details. (ar2) [Transferred from flsd on 2/5/2019.]
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| Filing 100 RESPONSE in Support re #86 MOTION to Dismiss with Prejudice #70 Amended Complaint,,, filed by Bart Bowe, Brian Scroggs. (Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 99 Second MOTION to Change Venue Unopposed by Clapp Business Law, LLC, Mary Clapp, Esq.. Responses due by 2/19/2019 (Attachments: #1 Affidavit Mary Clapp)(Clapp, Mary) [Transferred from flsd on 2/5/2019.] |
| Filing 98 RESPONSE in Support re #87 MOTION to Dismiss with Prejudice #70 Amended Complaint,,, filed by Real Travel, LLC, The Transfer Group, LLC. (Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 97 RESPONSE in Support re #88 MOTION to Dismiss with Prejudice #70 Amended Complaint,,, filed by VCS Communications, LLC, Vacation Consulting Services, LLC. (Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Civil Case Terminated per DE #101 Order. Closing Case. (ar2) [Transferred from flsd on 2/5/2019.] |
| Filing 96 NOTICE of Change of Address by Shannon L. Zetrouer (Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 95 RESPONSE in Opposition re #87 MOTION to Dismiss with Prejudice #70 Amended Complaint,,, , #90 First MOTION TO DISMISS #70 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM pursuant to Fed R Civ P 12(b)(6)First MOTION to Dismiss for Lack of Jurisdiction #70 Amended Complaint,,, , #86 MOTION to Dismiss with Prejudice #70 Amended Complaint,,, , #88 MOTION to Dismiss with Prejudice #70 Amended Complaint,,, Plaintiffs' Omnibus Response in Opposition to Defendants' Motions to Dismiss (D.E. 86,87,88, 90) Plaintiffs' Amended Complaint (D.E. 70) and Incorporated Memorandum of Law filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Replies due by 2/4/2019. (Bennington, Alfred) [Transferred from flsd on 2/5/2019.] |
| Filing 94 NOTICE of Attorney Appearance by Jonathan Phillip Hart on behalf of SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Attorney Jonathan Phillip Hart added to party SVC-Americana, LLC(pty:pla), Attorney Jonathan Phillip Hart added to party SVC-Hawaii, LLC(pty:pla), Attorney Jonathan Phillip Hart added to party SVC-West, LLC(pty:pla), Attorney Jonathan Phillip Hart added to party Shell Vacations, LLC(pty:pla), Attorney Jonathan Phillip Hart added to party Wyndham Resort Development Corporation(pty:pla), Attorney Jonathan Phillip Hart added to party Wyndham Vacation Ownership, Inc.(pty:pla), Attorney Jonathan Phillip Hart added to party Wyndham Vacation Resorts, Inc.(pty:pla). (Hart, Jonathan) [Transferred from flsd on 2/5/2019.] |
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Filing 93
ORDER granting in part and denying in part #92 Unopposed Expedited Motion to Allow Plaintiffs to File Omnibus Response to Defendants' Motions to Dismiss and to Exceed Page Limit for Plaintiffs' Omnibus Response. Signed by Judge William P. Dimitrouleas on 1/18/2019. See attached document for full details. (ar2) [Transferred from flsd on 2/5/2019.]
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| Filing 92 Unopposed MOTION for Leave to File Excess Pages , Unopposed MOTION Motion to Allow Plaintiffs To File Omnibus Response to Defendants' Motions To Dismiss and To Exceed Page Limit For Plaintiffs' Omnibus Response by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Attorney Alfred Joseph Bennington, Jr added to party SVC-Americana, LLC(pty:pla), Attorney Alfred Joseph Bennington, Jr added to party SVC-Hawaii, LLC(pty:pla), Attorney Alfred Joseph Bennington, Jr added to party SVC-West, LLC(pty:pla). (Bennington, Alfred) [Transferred from flsd on 2/5/2019.] |
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Filing 91
PAPERLESS ORDER denying without prejudice #89 Motion to Change Venue. THIS CAUSE is before the Court upon Defendants Motion to Transfer Venue to the Middle District of Florida, Tampa Division #89 , filed herein on January 14, 2019. The Court has carefully considered the Motion and is otherwise fully advised in the premises. Accordingly, it is ORDERED AND ADJUDGED that the Motion [DE 89] is hereby DENIED WITHOUT PREJUDICE to file a motion that complies with the requirements of S.D. Fla. L.R. 7.1.A.3., which requires the moving party to certify that he has conferred, or describes a reasonable effort to confer, with all of the parties affected in a good faith effort to resolve the dispute. Signed by Judge William P. Dimitrouleas on 01/15/2019. (mkz) [Transferred from flsd on 2/5/2019.]
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| Filing 90 First MOTION TO DISMISS #70 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM pursuant to Fed R Civ P 12(b)(6), First MOTION to Dismiss for Lack of Jurisdiction #70 Amended Complaint,,, ( Responses due by 1/28/2019) by Clapp Business Law, LLC, Mary Clapp, Esq.. (Clapp, Mary) [Transferred from flsd on 2/5/2019.] |
| Filing 89 First MOTION to Change Venue pursuant to 28 USC secs. 406 and 404 by Clapp Business Law, LLC, Mary Clapp, Esq.. Responses due by 1/28/2019 (Attachments: #1 Affidavit)(Clapp, Mary) [Transferred from flsd on 2/5/2019.] |
| Filing 88 MOTION to Dismiss with Prejudice #70 Amended Complaint,,, by VCS Communications, LLC, Vacation Consulting Services, LLC. Responses due by 1/28/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 87 MOTION to Dismiss with Prejudice #70 Amended Complaint,,, by Real Travel, LLC, The Transfer Group, LLC. Responses due by 1/28/2019 (Attachments: #1 Exhibit 1)(Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 86 MOTION to Dismiss with Prejudice #70 Amended Complaint,,, by Bart Bowe, Brian Scroggs. Responses due by 1/28/2019 (Attachments: #1 Exhibit 1)(Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 85 NOTICE of Attorney Appearance by Mary Michelle Clapp on behalf of Clapp Business Law, LLC, Mary Clapp, Esq.. Attorney Mary Michelle Clapp added to party Clapp Business Law, LLC(pty:dft), Attorney Mary Michelle Clapp added to party Mary Clapp, Esq.(pty:dft). (Clapp, Mary) [Transferred from flsd on 2/5/2019.] |
| Filing 84 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Midwest Transfers LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 83 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by The Mid-West Transfer, LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 82 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by JJ&C Marketing, LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 81 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by JJ Midwest Marketing LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 80 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Allied Solution Group, LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 79 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Transfer For You LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 78 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Josh Ungaro. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 77 NOTICE OF WITHDRAWAL OF MOTION by Catalyst Consulting Firm LLC re #75 MOTION for Attorney Fees filed by Catalyst Consulting Firm LLC (Steinfeld, David) [Transferred from flsd on 2/5/2019.] |
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Filing 76
ORDER REFERRING #75 Motion for Award of Fees to Judge William Matthewman. Signed by Judge William P. Dimitrouleas on 12/20/2018. See attached document for full details. (ar2) [Transferred from flsd on 2/5/2019.]
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| Filing 75 MOTION for Attorney Fees by Catalyst Consulting Firm LLC. Responses due by 1/2/2019 (Steinfeld, David) [Transferred from flsd on 2/5/2019.] |
| Set/Reset Answer Due Deadline as per DE 72 : Clapp Business Law, LLC response due 1/14/2019; Mary Clapp, Esq. response due 1/14/2019. (lk) [Transferred from flsd on 2/5/2019.] |
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Filing 74
PAPERLESS ORDER granting #73 Motion for Extension of Time to File. Defendants THE TRANSFER GROUP, LLC, VACATION CONSULTING SERVICES, LLC, VCS COMMUNICATIONS, LLC, BRIAN SCROGGS, REAL TRAVEL, LLC, and BART BOWE shall respond to the Amended Complaint on or before January 14, 2019. Signed by Judge William P. Dimitrouleas on 12/18/2018. (mkz) [Transferred from flsd on 2/5/2019.]
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| Filing 73 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #70 Amended Complaint,,, by Bart Bowe, Real Travel, LLC, Brian Scroggs, The Transfer Group, LLC, VCS Communications, LLC, Vacation Consulting Services, LLC. (Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
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Filing 72
PAPERLESS ORDER granting #71 Motion for Extension of Time to File. Defendants, Clapp Business Law, LLC, and Mary Clapp, Esq. shall file a response to Plaintiffs Amended Complaint on or before January 14, 2019. Signed by Judge William P. Dimitrouleas on 12/18/2018. (mkz) [Transferred from flsd on 2/5/2019.]
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| Filing 71 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #70 Amended Complaint,,, by Clapp Business Law, LLC, Mary Clapp, Esq.. (Slater, J.) [Transferred from flsd on 2/5/2019.] |
| Filing 70 AMENDED COMPLAINT against All Plaintiffs filed in response to Order Granting Motion for Leave, filed by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC, SVC-Hawaii, LLC, SVC-West, LLC, SVC-Americana, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit Composite 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit Composite 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit Composite 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Barsky, Daniel) [Transferred from flsd on 2/5/2019.] |
| Set/Reset Deadlines/Hearings as per DE 67 : Amended Complaint due by 12/10/2018. (lk) [Transferred from flsd on 2/5/2019.] |
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Filing 69
ORDER Denying/ Non-Entry of Default re #64 Motion for Clerks Entry of Default as to CLS, Inc., Jason Levi Hemingway, Donnelly Snellen. Signed by Judge William P. Dimitrouleas on 11/15/2018. See attached document for full details. (lk) (lk). [Transferred from flsd on 2/5/2019.]
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| Filing 68 VACATED Clerks Entry of Default as to CLS, Inc., Donnelly Snellen, Jason Levi Heminway - Motions Terminated: #64 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 11/15/2018. (lk) Modified text on 11/15/2018 (lk). [Transferred from flsd on 2/5/2019.] |
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Filing 67
PAPERLESS ORDER granting #66 Motion for Extension of Time. The deadline to file an amended complaint is extended to December 10, 2018. Signed by Judge William P. Dimitrouleas on 11/15/2018. (mkz) [Transferred from flsd on 2/5/2019.]
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| Filing 66 Unopposed MOTION for Extension of Time to file Amended Complaint re #58 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for More Definite Statement,,, Order on Motion to Strike,,,,,,,,,,,,,, by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 11/28/2018 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order (Proposed) Order Granting Plaintiffs' Unopposed Motion for Enlargement of Time to File Amended Complaint)(Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
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Filing 65
ORDER by Clerk of Non-Entry of Default/DENYING re #63 Motion for Clerks Entry of Default as to 417 MRC LLC, and Matthew Tucker. The Defendants are not required to respond to the Complaint.. Signed by Judge William P. Dimitrouleas on 11/14/2018. See attached document for full details. (lk) (lk). [Transferred from flsd on 2/5/2019.]
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| Filing 64 MOTION for Clerks Entry of Default as to CLS, Inc., Jason Levi Hemingway, Donnelly Snellen by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 63 MOTION for Clerks Entry of Default as to 417 MRC LLC, Matthew Tucker by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
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Filing 62
PAPERLESS ORDER granting #61 Motion for Clarification. Defendant Clapp need not file a response to the original Complaint and can wait to respond to Plaintiffs amended complaint. Signed by Judge William P. Dimitrouleas on 11/07/2018. (mkz) [Transferred from flsd on 2/5/2019.]
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| Filing 61 Unopposed MOTION for clarification #58 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for More Definite Statement,,, Order on Motion to Strike,,,,,,,,,,,,,, by Clapp Business Law, LLC, Mary Clapp, Esq.. Responses due by 11/21/2018 (Slater, J.) [Transferred from flsd on 2/5/2019.] |
| Filing 60 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Dan Chudy served on 11/6/2018, answer due 11/27/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 59 WAIVER OF SERVICE Returned Executed by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation. Jason Levi Hemingway waiver sent on 10/22/2018, answer due 12/21/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
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Filing 58
OMNIBUS ORDER granting in part #36 Motion to Dismiss for Failure to State a Claim( Amended Complaint due by 11/19/2018.); Denying as moot #52 Motion for More Definite Statement; Denying as moot #53 Motion to Strike ; denying as moot #54 Motion to Strike ; denying as moot #55 Motion to Dismiss for Failure to State a Claim( Amended Complaint due by 11/19/2018.); denying as moot #56 Motion to Dismiss for Failure to State a Claim( Amended Complaint due by 11/19/2018.); denying as moot #57 Motion to Dismiss for Failure to State a Claim( Amended Complaint due by 11/19/2018.). Signed by Judge William P. Dimitrouleas on 11/5/2018. See attached document for full details. (lk) [Transferred from flsd on 2/5/2019.]
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| Filing 57 MOTION TO DISMISS #1 Complaint,,,,,,,,,, FOR FAILURE TO STATE A CLAIM by Bart Bowe, Brian Scroggs. Responses due by 11/16/2018 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 56 MOTION TO DISMISS #1 Complaint,,,,,,,,,, FOR FAILURE TO STATE A CLAIM by Real Travel, LLC, The Transfer Group, LLC. Responses due by 11/16/2018 (Attachments: #1 Exhibit Exhibit 1)(Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 55 MOTION TO DISMISS #1 Complaint,,,,,,,,,, FOR FAILURE TO STATE A CLAIM by VCS Communications, LLC, Vacation Consulting Services, LLC. Responses due by 11/16/2018 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 54 MOTION to Strike #52 MOTION for More Definite Statement by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 11/16/2018 (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 53 MOTION to Strike #51 Response/Reply (Other) Defendant, Catalyst Consulting Firm, LLC's, Reply to Plaintiffs' Response to Motion to Dismiss and Motion for More Definite Statement by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 11/16/2018 (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 52 MOTION for More Definite Statement by Catalyst Consulting Firm LLC. (Steinfeld, David) [Transferred from flsd on 2/5/2019.] |
| Filing 51 REPLY to #40 Response in Opposition to Motion, and Motion for More Definite Statement by Catalyst Consulting Firm LLC. (Steinfeld, David) [Transferred from flsd on 2/5/2019.] |
| Filing 50 NOTICE of Attorney Appearance by David Anthony Wilson on behalf of Allied Solution Group, LLC, JJ Midwest Marketing LLC, JJ&C Marketing, LLC, Midwest Transfers LLC, The Mid-West Transfer, LLC, Transfer For You LLC, Josh Ungaro (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 49 NOTICE of Striking #41 Notice of Attorney Appearance,,, filed by The Transfer Group, LLC, Midwest Transfers LLC, Allied Solution Group, LLC, Transfer For You LLC, Josh Ungaro, JJ&C Marketing, LLC, JJ Midwest Marketing LLC by Allied Solution Group, LLC, JJ Midwest Marketing LLC, JJ&C Marketing, LLC, Midwest Transfers LLC, The Mid-West Transfer, LLC, The Transfer Group, LLC, Transfer For You LLC, Josh Ungaro (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 48 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Josh Ungaro. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 47 ANSWER and Affirmative Defenses to Complaint with Jury Demand by The Mid-West Transfer, LLC. Attorney David Anthony Wilson added to party The Mid-West Transfer, LLC(pty:dft). (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 46 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Transfer For You LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 45 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Midwest Transfers LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 44 ANSWER and Affirmative Defenses to Complaint with Jury Demand by JJ&C Marketing, LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 43 ANSWER and Affirmative Defenses to Complaint with Jury Demand by JJ Midwest Marketing LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 42 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Allied Solution Group, LLC. (Wilson, David) [Transferred from flsd on 2/5/2019.] |
| Filing 41 (Stricken)NOTICE of Attorney Appearance by David Anthony Wilson on behalf of Allied Solution Group, LLC, JJ Midwest Marketing LLC, JJ&C Marketing, LLC, Midwest Transfers LLC, The Transfer Group, LLC, Transfer For You LLC, Josh Ungaro. Attorney David Anthony Wilson added to party Allied Solution Group, LLC(pty:dft), Attorney David Anthony Wilson added to party JJ Midwest Marketing LLC(pty:dft), Attorney David Anthony Wilson added to party JJ&C Marketing, LLC(pty:dft), Attorney David Anthony Wilson added to party Midwest Transfers LLC(pty:dft), Attorney David Anthony Wilson added to party The Transfer Group, LLC(pty:dft), Attorney David Anthony Wilson added to party Transfer For You LLC(pty:dft), Attorney David Anthony Wilson added to party Josh Ungaro(pty:dft). (Wilson, David) Modified text as per DE #49 on 10/31/2018 (lk). [Transferred from flsd on 2/5/2019.] |
| Filing 40 RESPONSE in Opposition re #36 MOTION TO DISMISS #1 Complaint,,,,,,,,,, FOR FAILURE TO STATE A CLAIM (re: Defendant, Catalyst Consulting Firm, LLC) filed by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Replies due by 11/6/2018. (Bennington, Alfred) [Transferred from flsd on 2/5/2019.] |
| Filing 39 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Midwest Transfers LLC served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Set/Reset Answer Due Deadline: Clapp Business Law, LLC response due 11/9/2018; Mary Clapp, Esq. response due 11/9/2018. per DE 38 (cbr) [Transferred from flsd on 2/5/2019.] |
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Filing 38
PAPERLESS ORDER granting #37 Motion for Extension of Time to File. Defendants, Clapp Business Law, LLC, and Mary Clapp, Esq. shall file a response to Plaintiffs Complaint on or before November 9, 2018. Signed by Judge William P. Dimitrouleas on 10/26/2018. (mkz) [Transferred from flsd on 2/5/2019.]
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| Filing 37 Defendant's MOTION for Extension of Time to File Response/Reply/Answer Complaint by Clapp Business Law, LLC, Mary Clapp, Esq.. Attorney J. Scott Slater added to party Clapp Business Law, LLC(pty:dft), Attorney J. Scott Slater added to party Mary Clapp, Esq.(pty:dft). (Slater, J.) [Transferred from flsd on 2/5/2019.] |
| Filing 36 MOTION TO DISMISS #1 Complaint,,,,,,,,,, FOR FAILURE TO STATE A CLAIM by Catalyst Consulting Firm LLC. Responses due by 10/30/2018 (Steinfeld, David) [Transferred from flsd on 2/5/2019.] |
| Filing 35 NOTICE of Attorney Appearance by David Steinfeld on behalf of Catalyst Consulting Firm LLC. Attorney David Steinfeld added to party Catalyst Consulting Firm LLC(pty:dft). (Steinfeld, David) [Transferred from flsd on 2/5/2019.] |
| Set/Reset Answer Due Deadline as per DE 34 : Bart Bowe response due 11/2/2018; Real Travel, LLC response due 11/2/2018; Brian Scroggs response due 11/2/2018; The Transfer Group, LLC response due 11/2/2018; VCS Communications, LLC response due 11/2/2018; Vacation Consulting Services, LLC response due 11/2/2018. (lk) [Transferred from flsd on 2/5/2019.] |
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Filing 34
PAPERLESS ORDER granting #32 Motion for Extension of Time to File. Defendants THE TRANSFER GROUP, LLC, VACATION CONSULTING SERVICES, LLC, VCS COMMUNICATIONS, LLC, BRIAN SCROGGS, REAL TRAVEL, LLC, and BART BOWE shall respond to the Complaint on or before November 2, 2018 Signed by Judge William P. Dimitrouleas on 10/12/2018. (mkz) [Transferred from flsd on 2/5/2019.]
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| Filing 33 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. 417 MRC LLC served on 10/1/2018, answer due 10/22/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 32 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,,,,,,,, by Bart Bowe, Real Travel, LLC, Brian Scroggs, The Transfer Group, LLC, VCS Communications, LLC, Vacation Consulting Services, LLC. (Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 31 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Real Travel, LLC served on 9/24/2018, answer due 10/15/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 30 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Bart Bowe served on 9/24/2018, answer due 10/15/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 29 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. VCS Communications, LLC served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 28 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Matthew Tucker served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 27 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Donnelly Snellen served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 26 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Allied Solution Group, LLC served on 9/24/2018, answer due 10/15/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 25 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Transfer For You LLC served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Vacation Consulting Services, LLC served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. The Mid-West Transfer, LLC served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. JJ&C Marketing, LLC served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. JJ Midwest Marketing LLC served on 9/24/2018, answer due 10/15/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Brian Scroggs served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Catalyst Consulting Firm LLC served on 9/24/2018, answer due 10/15/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Clapp Business Law, LLC served on 9/24/2018, answer due 10/15/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Josh Ungaro served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. Mary Clapp, Esq. served on 9/24/2018, answer due 10/15/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. The Transfer Group, LLC served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,,,, with a 21 day response/answer filing deadline by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. CLS, Inc. served on 9/21/2018, answer due 10/12/2018. (Rubin, Glennys) [Transferred from flsd on 2/5/2019.] |
| Filing 13 NOTICE of Attorney Appearance by Shannon L. Zetrouer on behalf of Bart Bowe, Real Travel, LLC, Brian Scroggs, The Transfer Group, LLC, VCS Communications, LLC, Vacation Consulting Services, LLC. Attorney Shannon L. Zetrouer added to party Bart Bowe(pty:dft), Attorney Shannon L. Zetrouer added to party Real Travel, LLC(pty:dft), Attorney Shannon L. Zetrouer added to party Brian Scroggs(pty:dft), Attorney Shannon L. Zetrouer added to party The Transfer Group, LLC(pty:dft), Attorney Shannon L. Zetrouer added to party VCS Communications, LLC(pty:dft), Attorney Shannon L. Zetrouer added to party Vacation Consulting Services, LLC(pty:dft). (Zetrouer, Shannon) [Transferred from flsd on 2/5/2019.] |
| Filing 12 Clerks Notice of Docket Correction re 7 Summons Issued restricted due to image issues. >Correction: Summonses redocketed as DE 11 as per DE 10 Notice of filing Proposed summonses (lk) [Transferred from flsd on 2/5/2019.] |
| Filing 11 Summons Issued as to All Defendants. (lk) [Transferred from flsd on 2/5/2019.] |
| Filing 10 NOTICE of Filing Proposed Summons(es) by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) [Transferred from flsd on 2/5/2019.] |
| Filing 9 Clerks Notice of Docket Correction re #3 Summons Issued restricted due to image issues. >Correction: Summonses redocketed as DE #7 as per DE #6 Notice of filing Proposed summonses Other. (lk) [Transferred from flsd on 2/5/2019.] |
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Filing 8
Order Requiring counsel to meet and file Joint Scheduling Report and Joint Discovery Report. Signed by Judge William P. Dimitrouleas on 9/18/2018. See attached document for full details. (lk) [Transferred from flsd on 2/5/2019.]
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| Filing 7 Summons Issued as to All Defendants. (lk) [Transferred from flsd on 2/5/2019.] |
| Filing 6 NOTICE of Filing Proposed Summons(es) by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) [Transferred from flsd on 2/5/2019.] |
| Filing 5 Clerks Notice to Filer re: Electronic Case. Attorney information does not match initiating document. The name of the attorney submitting the complaint does not match the signature on the pdf document. The attorneys' listed on the initiating document has been added. It is not necessary to re-file this document. (lk) [Transferred from flsd on 2/5/2019.] |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (lk) [Transferred from flsd on 2/5/2019.] |
| Filing 3 Summons Issued as to All Defendants. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s), #9 Summon(s), #10 Summon(s), #11 Summon(s), #12 Summon(s), #13 Summon(s), #14 Summon(s), #15 Summon(s), #16 Summon(s), #17 Summon(s), #18 Summon(s), #19 Summon(s), #20 Summon(s))(lk) (Attachment 18 replaced on 9/17/2018) (lk). [Transferred from flsd on 2/5/2019.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (lk) [Transferred from flsd on 2/5/2019.] |
| Filing 1 COMPLAINT for Damages and Injunctive Relief against 417 MRC LLC, Allied Solution Group, LLC, Bart Bowe, CLS, Inc., Catalyst Consulting Firm LLC, Dan Chudy, Clapp Business Law, LLC, Mary Clapp, Esq., Jason Levi Hemingway, JJ Midwest Marketing LLC, JJ&C Marketing, LLC, Midwest Transfers LLC, Real Travel, LLC, Brian Scroggs, Donnelly Snellen, The Mid-West Transfer, LLC, The Transfer Group, LLC, Transfer For You LLC, Matthew Tucker, Josh Ungaro, VCS Communications, LLC, Vacation Consulting Services, LLC. Filing fees $ 400.00 receipt number 113C-10997604, filed by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Composite Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Composite Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Exhibit Composite Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26, #28 Exhibit Composite Exhibit 27, #29 Summon(s) Summons - CLS, Inc. d/b/a Atlas Vacation Remedies d/b/a Principal Transfer Group, #30 Summon(s) Summons - Donnelly Snellen, #31 Summon(s) Summons - Jason Levi Hemingway, #32 Summon(s) Summons - Clapp Business Law, LLC, #33 Summon(s) Summons - Mary Clapp, Esq., #34 Summon(s) Summons - The Transfer Group, LLC, #35 Summon(s) Summons - Vacation Consulting Services, LLC, #36 Summon(s) VCS Communications, LLC, #37 Summon(s) Summons - Brian Scroggs, #38 Summon(s) Summons - Transfer for You, LLC, #39 Summon(s) Summons - Allied Solution Group, LLC, #40 Summon(s) Summons - JJ Midwest Marketing, LLC, #41 Summon(s) Summons - JJ&C Marketing, LLC, #42 Summon(s) Summons - The Mid-West Tranfer, LLC, #43 Summon(s) Summons - Midwest Transfers, LLC, #44 Summon(s) Summons - Josh Ungaro, #45 Summon(s) Summons - Mutual Release Corporation a/k/a 417 MRC LLC, #46 Summon(s) Summons - Dan Chudy, #47 Summon(s) Summons - Matthew Tucker, #48 Summon(s) Summons - Catalyst Consulting Firm LLC, #49 Summon(s) Summons - Real Travel, LLC, #50 Summon(s) Summons - Bart Bowe)(Bennington, Alfred) [Transferred from flsd on 2/5/2019.] |
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