Wacker et al v. Capital Resorts Group, LLC
| Adolph Wacker and Beverly wacker |
| Capital Resorts Group, LLC |
| Jeffrey Grubman |
| 8:2025cv00599 |
| March 13, 2025 |
| U.S. District Court for the Middle District of Florida |
| Anthony E Porcelli |
| Mary S Scriven |
| Contract: Other |
| Real Estate Settlement Procedure (RESPA) Act |
| Plaintiff |
Docket Report
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| Filing 22 NOTICE of supplemental authority re #7 MOTION to Dismiss for Failure to State a Claim by Capital Resorts Group, LLC. (Epstein, Richard) |
| Filing 21 NOTICE of mediation conference/hearing to be held on 1/8/2026 10:00 a.m. before Jeffrey Grubman. (Attachments: #1 Exhibit A -Email from Stephanie Parsons)(Epstein, Richard) |
| Filing 20 NOTICE of supplemental authority re #7 MOTION to Dismiss for Failure to State a Claim by Capital Resorts Group, LLC. (Epstein, Richard) |
Filing 19
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 2/9/2026 Pretrial statement due by 7/13/2026 Jury Trial set for 8/31/2026 at 09:00 AM in Tampa Courtroom 7 A before Judge Mary S. Scriven. Conduct mediation hearing by 2/13/2026. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 6/6/2025. (BCH) (Main Document 19 replaced on 6/6/2025 to correct date) (BCH). Modified on 6/6/2025 (BCH).
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| Filing 18 NOTICE of Appearance by Jason W. Prince on behalf of Capital Resorts Group, LLC. (Prince, Jason) |
| Filing 17 NOTICE of supplemental authority by Capital Resorts Group, LLC. (Epstein, Richard) |
| Filing 16 CASE MANAGEMENT REPORT. (Epstein, Richard) |
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Filing 15
ENDORSED ORDER DENYING #14 Defendant's Unopposed Motion for Leave to File Reply in Support of Motion to Dismiss. "The purpose of a reply brief is to rebut any new law or facts contained in the [opposition's] response to a request for relief before the Court." Tardif v. People for Ethical Treatment of Animals, No. 09-cv-537, 2011 WL 2729145, at *2 (M.D. Fla. Jul. 13, 2011). Defendant wishes to file a reply to identify asserted deficiencies in Plaintiffs' opposition, rather than to rebut new law or facts contained therein. The Court finds the case law and arguments contained in the motion to dismiss and the response are sufficient for the Court to resolve the Defendant's Motion to Dismiss. Signed by Judge Mary S. Scriven on 4/4/2025. (AC)
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| Filing 14 Unopposed MOTION for Leave To File Reply In Support Of Motion To Dismiss by Capital Resorts Group, LLC. (Epstein, Richard) Modified text on 4/3/2025 (MGB). |
| Filing 13 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Adolph Wacker, Beverly wacker. (Parsons, Stephanie) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Adolph Wacker, Beverly wacker. Related case(s): No (Parsons, Stephanie) |
| Filing 11 RESPONSE in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Adolph Wacker, Beverly wacker. (Parsons, Stephanie) |
| Filing 10 NOTICE of Lead Counsel Designation by Stephanie Parsons on behalf of Adolph Wacker, Beverly wacker. Lead Counsel: Stephanie Parsons, Esq.. (Parsons, Stephanie) |
| Filing 9 NOTICE to the Courts to take judicial notice regarding by Capital Resorts Group, LLC. (Attachments: #1 Exhibit 1 - Brewer et. al. vs. Capital Resorts Group, LLC, #2 Exhibit 2 - Gurwah et al vs. The Berkley Group Inc, #3 Exhibit 3 - Flynn vs. Berkley Vacations Resorts Inc., #4 Exhibit 4 - Nazario et al vs. Club Exploria, LLC, #5 Exhibit 5 - Klaty vs. Wyndham Vacation Ownership, Inc., #6 Exhibit 6 - Fellman et al vs. Travel + Leisure, Inc., #7 Exhibit 7 - Smith et al vs. Westgate Resorts, LTD., #8 Exhibit 8 - Wahl et al vs. Hilton Grand Vacations Inc., #9 Exhibit 9 - Lapilio Schultz vs. Westgate Resorts, LTD., #10 Exhibit 10 - Williams et al vs. Wyndham Vacation Resorts, Inc., #11 Exhibit 11 - Rodriguez vs. Holiday Inn Club Vacations, Inc., #12 Exhibit 12 - Johnson et al vs. Hilton Grand Vacations, Inc. et al, #13 Exhibit 13 - Brandon vs. Hyatt Vacation Ownership, Inc., #14 Exhibit 14 - Dietl et al vs. Hilton Grand Vacation, Inc., #15 Exhibit 15 - Douglas vs. Hilton Grand Vacations, Inc., #16 Exhibit 16 - Graybill vs. Travel + Leisure, Inc., #17 Exhibit 17 - Anderson vs. Holiday Inn Club Vacations, Inc., #18 Exhibit 18 - Ronda et al vs. Westgate Resorts, LTD., #19 Exhibit 19 - Smith et al vs. Hilton Grand Vacations, Inc., #20 Exhibit 20 - Thompson vs. Travel + Leisure Co., #21 Exhibit 21 - Ravi et al vs. Marriott Vacations Worldwide, Corp., #22 Exhibit 22 - Duncan vs. Travel + Leisure, Co., #23 Exhibit 23 - Cohen et al vs. Marriott Vacations Worldwide, Corp., #24 Exhibit 24 - Foster vs. Holiday Inn Club Vacations, Inc., #25 Exhibit 25 - Seidler et al vs. Marriott Vacations Worldwide, Corp., #26 Exhibit 26 - Harklerode et al vs. Hilton Grand Vacations, Inc., #27 Exhibit 27 - McIntosh et al vs. Hilton Grand Vacation, Inc., #28 Exhibit 28 - Long et al vs. Westgate Resorts, LTD., #29 Exhibit 29 - Prieto et al vs. Travel + Leisure Co., #30 Exhibit 30 - Buchanan et al vs. Hilton Grand Vacations, Inc., #31 Exhibit 31 - Crider et al vs. Hilton Grand Vacations, Inc., #32 Exhibit 32 - Hunter vs. Travel + Leisure, Inc., #33 Exhibit 33 - Harless et al vs. Vacation Villas at FantasyWorld Time-Share Owner's Association, Inc., #34 Exhibit 34 - Ola et al vs. Sheraton Flex Vacations, LLC, #35 Exhibit 35 - Pettis vs. Travel + Leisure Co., #36 Exhibit 36 - Farrington et al vs. Hilton Grand Vacations Inc., #37 Exhibit 37 - Cole et al vs. Westgate Resorts, LTD., #38 Exhibit 38 - Cremaldi vs. Holiday Inn Club Vacations, Inc., #39 Exhibit 39 - Spencer et al vs. Westgate Resorts, LTD., #40 Exhibit 40 - Eugster et al vs. Hilton Grand Vacations, Inc., #41 Exhibit 41 - Aiken et al vs. Holiday Inn Club Vacations, Inc., #42 Exhibit 42 - Diamond et al vs. Marriott Vacations Worldwide, Corp., #43 Exhibit 43 - Makowelski et al vs. Travel + Leisure, Inc., #44 Exhibit 44 - Rishoi vs. Marriott Vacations Worldwide, Inc., #45 Exhibit 45 - Duncan et al vs. Holiday Inn Club Vacations, Inc., #46 Exhibit 46 - Barnard vs. Holiday Inn Club Vacations Incorporated, #47 Exhibit 47 - Cartaya et al vs. Holiday Inn Club Vacations, Inc., #48 Exhibit 48 - King et al vs. Hilton Grand Vacations, Inc., #49 Exhibit 49 - Holzworth vs. Hilton Grand Vacations, Inc., #50 Exhibit 50 - Best vs. Hilton Grand Vacations, Inc., #51 Exhibit 51 - Slater-Romines et al vs. Bass Pro Inc. et al, #52 Exhibit 52 - Quiroz-Saltos et al vs. Hilton Grand Vacations, Inc., #53 Exhibit 53 - Palmer et al vs. Aqua Sun Investments, Inc., #54 Exhibit 54 - Shull vs. Capital Resorts Group, LLC, #55 Exhibit 55 - Nelson vs. Capital Resorts Club, Inc., #56 Exhibit 56 - White vs. Bluegreen Vacation Unlimited Inc., #57 Exhibit 57 - Vest vs. Capital Resorts Group, LLC, #58 Exhibit 58 - Herman et al vs. Sapphire Resorts, #59 Exhibit 59 - Wong vs. Capital Resorts Group, LLC, #60 Exhibit 60 - Horner et al vs. Capital Resorts Group, LLC, #61 Exhibit 61 - McCorquodale et al vs. Capital Resorts Group, LLC, #62 Exhibit 62 - Eckert et al vs. Hilton Grand Vacations, Inc., #63 Exhibit 63 - Stanton vs. Hilton Grand Vacation, Inc., #64 Exhibit 64- Wacker et al vs. Capital Resorts Group, LLC, #65 Exhibit 65- Velazquez vs. Westgate Resorts LTD., #66 Exhibit 66- McGrath et al vs. Marriott Vacations Worldwide, Corp., #67 Exhibit 67- Darger et al vs. Travel + Leisure, Inc.)(Epstein, Richard) |
| Filing 8 REQUEST for oral argument re #7 MOTION to Dismiss for Failure to State a Claim by Capital Resorts Group, LLC. (Epstein, Richard) |
| Filing 7 MOTION to Dismiss for Failure to State a Claim by Capital Resorts Group, LLC. (Attachments: #1 Exhibit 1 Whatley Order to Show Cause, #2 Exhibit 2 Redline Comparison Horner v. CRG and Wacker v. CRG, #3 Exhibit 3 Shull Order, #4 List of Cases)(Epstein, Richard) |
| Filing 6 NOTICE TO COUNSEL Stephanie Parsons 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 5 NOTICE to Counsel 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). (BCH) |
| Filing 4 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Capital Resorts Group, LLC identifying Other Affiliate Capital Vacations, LLC, Other Affiliate CV Borrower, LLC, Other Affiliate CV Holdings, LLC, Other Affiliate Carolina Cardiology Associates 401(k) Profit Sharing Plan, Other Affiliate Darby Lane LLC, Other Affiliate Buckhead Investment Account, Other Affiliate Shroff Development Company, LLC, Other Affiliate ANC Holdings, LLC, Other Affiliate Capital Vacations MIV, LLC for Capital Resorts Group, LLC. (Epstein, Richard) Modified on 3/14/2025 to edit docket text (MSN). |
| Filing 3 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Anthony E. Porcelli. New case number: 8:25-cv-599-MSS-AEP. (RPB) |
| Filing 2 NOTICE of Lead Counsel Designation by Richard W. Epstein on behalf of Capital Resorts Group, LLC. Lead Counsel: Richard W. Epstein. (Epstein, Richard) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Sixth Judicial Circuit, case number 25-000467-CI filed in State Court on 1.31.2025. Filing fee $405, receipt number AFLMDC-23125425 filed by Capital Resorts Group, LLC. (Attachments: #1 Complaint, #2 State Court Other Documents, #3 Civil Cover Sheet)(Epstein, Richard) Modified on 3/14/2025 to edit the docket text (MLB). |
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