Wyndham Vacation Ownership, Inc. et al v. Totten Franqui Davis & Burk, LLC et al
| Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Shell Vacations, LLC and Wyndham Resort Development Corporation |
| Helping Timeshare Owners, Inc., Scott Morse, Vacation Properties For Less, LLC, Resort Exit Team, LLC, John Doe #1, Redemption and Release, LLC, Eric S Cline, Totten Franqui Davis & Burk, PLLC, Jordan Salkin, John Doe #2, Shyla Cline, William Howell, Jr., American Resource Management Group, LLC and Totten Franqui Davis & Burk, LLC |
| 9:2018cv81055 |
| August 9, 2018 |
| US District Court for the Southern District of Florida |
| West Palm Beach Office |
| Donald M Middlebrooks |
| Trademark |
| 28 U.S.C. § 1338 |
| Defendant |
Docket Report
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This docket was last retrieved on October 5, 2018. A more recent docket listing may be available from PACER.
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| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #30 MOTION to Strike #1 Complaint,,,,, and Incorporated Memorandum of Law, #32 Defendant's MOTION to Dismiss #1 Complaint,,,,, and Alternative Motion to Strike and Memorandum of Law in Support Thereof, #31 MOTION TO DISMISS #1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, #29 MOTION TO DISMISS #1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Treadwell, Raymond) |
| Filing 35 ANSWER and Affirmative Defenses to Complaint with Jury Demand by William Howell, Jr. (Wilson, David) |
| Filing 34 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Helping Timeshare Owners, Inc.. (Wilson, David) |
| Filing 33 NOTICE of Attorney Appearance by Raymond Frederick Treadwell on behalf of Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Attorney Raymond Frederick Treadwell added to party Shell Vacations, LLC(pty:pla), Attorney Raymond Frederick Treadwell added to party Wyndham Resort Development Corporation(pty:pla), Attorney Raymond Frederick Treadwell added to party Wyndham Vacation Ownership, Inc.(pty:pla), Attorney Raymond Frederick Treadwell added to party Wyndham Vacation Resorts, Inc.(pty:pla). (Treadwell, Raymond) |
| Filing 32 Defendant's MOTION to Dismiss #1 Complaint,,,,, and Alternative Motion to Strike and Memorandum of Law in Support Thereof by Totten Franqui Davis & Burk, LLC, Totten Franqui Davis & Burk, PLLC. Responses due by 10/11/2018 (Cartaya, Carmen) |
| Filing 31 MOTION TO DISMISS #1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Eric S Cline, Shyla Cline, Scott Morse. Responses due by 10/11/2018 (Gaukroger, Gavin) |
| Filing 30 MOTION to Strike #1 Complaint,,,,, and Incorporated Memorandum of Law by American Resource Management Group, LLC, Eric S Cline, Shyla Cline, Scott Morse, Redemption and Release, LLC, Resort Exit Team, LLC, Vacation Properties For Less, LLC. Responses due by 10/11/2018 (Gaukroger, Gavin) |
| Filing 29 MOTION TO DISMISS #1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by American Resource Management Group, LLC, Redemption and Release, LLC, Resort Exit Team, LLC, Vacation Properties For Less, LLC. Responses due by 10/11/2018 (Gaukroger, Gavin) |
Filing 28
PAPERLESS ORDER granting #26 Motion for Leave to File Excess Pages. Defendants Totten Franque Davis & Burk, LLC and Totten Franque Davis & Burk, PLLC, may file a Motion to Dismiss which exceeds the page limitation by up to 5 (five) extra pages. Signed by Judge Donald M. Middlebrooks on 9/27/2018. (kal)
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Filing 27
ORDER denying #23 Motion to Dismiss for Failure to State a Claim. Signed by Judge Donald M. Middlebrooks on 9/26/2018. See attached document for full details. (vmz)
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| Filing 26 Defendant's MOTION for Leave to File Excess Pages for their Motion to Dismiss and Motion to Strike Plaintiff's Complaint and Memorandum of Law in Support Thereof by Totten Franqui Davis & Burk, LLC, Totten Franqui Davis & Burk, PLLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Cartaya, Carmen) |
| Filing 25 RESPONSE in Opposition re #23 MOTION TO DISMISS #1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM filed by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Replies due by 10/1/2018. (Bennington, Alfred) |
| Filing 24 NOTICE of Attorney Appearance by David Anthony Wilson on behalf of Helping Timeshare Owners, Inc., William Howell, Jr (Wilson, David) |
| Filing 23 MOTION TO DISMISS #1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Helping Timeshare Owners, Inc., William Howell, Jr. Attorney David Anthony Wilson added to party Helping Timeshare Owners, Inc.(pty:dft), Attorney David Anthony Wilson added to party William Howell, Jr(pty:dft). Responses due by 9/24/2018 (Wilson, David) |
| Filing 22 NOTICE of Attorney Appearance by Matthew Scott Nelles on behalf of American Resource Management Group, LLC, Eric S Cline, Shyla Cline, Scott Morse, Redemption and Release, LLC, Resort Exit Team, LLC, Vacation Properties For Less, LLC. Attorney Matthew Scott Nelles added to party American Resource Management Group, LLC(pty:dft), Attorney Matthew Scott Nelles added to party Eric S Cline(pty:dft), Attorney Matthew Scott Nelles added to party Shyla Cline(pty:dft), Attorney Matthew Scott Nelles added to party Scott Morse(pty:dft), Attorney Matthew Scott Nelles added to party Redemption and Release, LLC(pty:dft), Attorney Matthew Scott Nelles added to party Resort Exit Team, LLC(pty:dft), Attorney Matthew Scott Nelles added to party Vacation Properties For Less, LLC(pty:dft). (Nelles, Matthew) |
| Filing 21 NOTICE by American Resource Management Group, LLC, Eric S Cline, Shyla Cline, Scott Morse, Resort Exit Team, LLC, Vacation Properties For Less, LLC NOTICE OF APPEARANCE. Attorney Philip Benjamin Zuckerman added to party American Resource Management Group, LLC(pty:dft), Attorney Philip Benjamin Zuckerman added to party Eric S Cline(pty:dft), Attorney Philip Benjamin Zuckerman added to party Shyla Cline(pty:dft), Attorney Philip Benjamin Zuckerman added to party Scott Morse(pty:dft), Attorney Philip Benjamin Zuckerman added to party Resort Exit Team, LLC(pty:dft), Attorney Philip Benjamin Zuckerman added to party Vacation Properties For Less, LLC(pty:dft). (Zuckerman, Philip) |
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Filing 20
PAPERLESS ORDER granting Unopposed Motions for Extension of Time (DE #17 , DE #18 ). The deadline for Defendants American Resource Management Group, LLC, Eric S Cline, Shyla Cline, Scott Morse, Redemption and Release, LLC, Resort Exit Team, LLC, Totten Franqui Davis & Burk, LLC, Totten Franqui Davis & Burk, PLLC, and Vacation Properties For Less, LLC to respond to the Complaint #1 is extended to September 27, 2018. Signed by Judge Donald M. Middlebrooks on 9/4/2018. (kal)
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| Filing 19 NOTICE by American Resource Management Group, LLC, Eric S Cline, Shyla Cline, Scott Morse, Redemption and Release, LLC, Resort Exit Team, LLC, Vacation Properties For Less, LLC re #18 Agreed MOTION for Extension of Time for Extension of Time to Respond to Complaint re #1 Complaint,,,,, of Filing Proposed Order on Agreed Motion for Extension of Time to Respond to Complaint (Attachments: #1 Exhibit "A" Proposed Order) (Gaukroger, Gavin) |
| Filing 18 Agreed MOTION for Extension of Time for Extension of Time to Respond to Complaint re #1 Complaint,,,,, by American Resource Management Group, LLC, Eric S Cline, Shyla Cline, Scott Morse, Redemption and Release, LLC, Resort Exit Team, LLC, Vacation Properties For Less, LLC. Attorney Gavin Cunningham Gaukroger added to party American Resource Management Group, LLC(pty:dft), Attorney Gavin Cunningham Gaukroger added to party Eric S Cline(pty:dft), Attorney Gavin Cunningham Gaukroger added to party Shyla Cline(pty:dft), Attorney Gavin Cunningham Gaukroger added to party Scott Morse(pty:dft), Attorney Gavin Cunningham Gaukroger added to party Redemption and Release, LLC(pty:dft), Attorney Gavin Cunningham Gaukroger added to party Resort Exit Team, LLC(pty:dft), Attorney Gavin Cunningham Gaukroger added to party Vacation Properties For Less, LLC(pty:dft). Responses due by 9/14/2018 (Gaukroger, Gavin) |
| Filing 17 Unopposed MOTION to Adopt/Join #1 Complaint,,,,, , MOTION for Extension of Time to File Response/Reply/Answer by Totten Franqui Davis & Burk, LLC, Totten Franqui Davis & Burk, PLLC. (Attachments: #1 Text of Proposed Order Proposed Order on Unopposed Motion for Extension of Time to respond to Complaint)(Cartaya, Carmen) |
| Filing 16 NOTICE of Attorney Appearance by Carmen Yolanda Cartaya on behalf of Totten Franqui Davis & Burk, LLC, Totten Franqui Davis & Burk, PLLC. Attorney Carmen Yolanda Cartaya added to party Totten Franqui Davis & Burk, LLC(pty:dft), Attorney Carmen Yolanda Cartaya added to party Totten Franqui Davis & Burk, PLLC(pty:dft). (Cartaya, Carmen) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. Jordan Salkin served on 8/23/2018, answer due 9/13/2018. (Barsky, Daniel) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. William Howell, Jr served on 8/21/2018, answer due 9/11/2018. (Barsky, Daniel) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. Vacation Properties For Less, LLC served on 8/17/2018, answer due 9/7/2018. (Barsky, Daniel) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. Totten Franqui Davis & Burk, LLC served on 8/17/2018, answer due 9/7/2018. (Barsky, Daniel) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. Totten Franqui Davis & Burk, PLLC served on 8/17/2018, answer due 9/7/2018. (Barsky, Daniel) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. Shyla Cline served on 8/18/2018, answer due 9/10/2018. (Barsky, Daniel) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. Scott Morse served on 8/17/2018, answer due 9/7/2018. (Barsky, Daniel) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. Resort Exit Team, LLC served on 8/17/2018, answer due 9/7/2018. (Barsky, Daniel) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. Redemption and Release, LLC served on 8/17/2018, answer due 9/7/2018. (Barsky, Daniel) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. Helping Timeshare Owners, Inc. served on 8/21/2018, answer due 9/11/2018. (Barsky, Daniel) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. Eric S Cline served on 8/18/2018, answer due 9/10/2018. (Barsky, Daniel) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. American Resource Management Group, LLC served on 8/17/2018, answer due 9/7/2018. (Barsky, Daniel) |
| Filing 3 Summons Issued as to American Resource Management Group, LLC, Eric S Cline, Shyla Cline, Helping Timeshare Owners, Inc., William Howell, Jr, Scott Morse, Redemption and Release, LLC, Resort Exit Team, LLC, Jordan Salkin, Totten Franqui Davis & Burk, LLC, Totten Franqui Davis & Burk, PLLC, Vacation Properties For Less, LLC. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (dj) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-10895458, filed by Wyndham Resort Development Corporation, Wyndham Vacation Resorts, Inc., Shell Vacations, LLC, Wyndham Vacation Ownership, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11a, #12 Exhibit 11b, #13 Exhibit 11c, #14 Exhibit 11d, #15 Exhibit 11e, #16 Exhibit 11f, #17 Exhibit 11g, #18 Exhibit 11h, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19, #27 Exhibit 20, #28 Exhibit 21, #29 Exhibit 22, #30 Exhibit 23, #31 Exhibit 24, #32 Exhibit 25, #33 Exhibit 26, #34 Exhibit 27, #35 Exhibit 28, #36 Exhibit 29, #37 Exhibit 30, #38 Exhibit 31, #39 Civil Cover Sheet, #40 Summon(s) American Resource, #41 Summon(s) E Cline, #42 Summon(s) H4TSO, #43 Summon(s) Howell, #44 Summon(s) Morse, #45 Summon(s) Redemption, #46 Summon(s) Resort Exit, #47 Summon(s) S Cline, #48 Summon(s) Salkin, #49 Summon(s) TFDB FL, #50 Summon(s) TFDB NC, #51 Summon(s) Vacation Properties)(Barsky, Daniel) |
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