Wyndham Vacation Ownership, Inc. et al v. US CONSUMER ATTORNEYS, P.A. et al
Plaintiff: Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Shell Vacations, LLC and Wyndham Resort Development Corporation
Defendant: Robert Sussman, Henry Neil Portner, US CONSUMER ATTORNEYS, P.A., Pluto Marketing, Inc., Newton Group Transfers, LLC, 1Planetmedia, Inc., John Does #1-50, DC Capital Law Firm, LLP, The Newton Group, ESA LLC and Newton Group Exit, LLC
Cross Claimant: Interval Broker Direct, LLC
Case Number: 9:2018cv81251
Filed: September 14, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: Dave Lee Brannon
Referring Judge: Donald M Middlebrooks
2 Judge: Bruce E Reinhart
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 44 Trademark Infringement
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2021 Opinion or Order Filing 218 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Order) (ail)
April 28, 2021 Opinion or Order Filing 217 PAPERLESS ORDER directing the Clerk of Court to close this matter per DE 216. Signed by Magistrate Judge Bruce E. Reinhart on 4/28/2021. (jgy)
April 28, 2021 Opinion or Order Civil Case Terminated pursuant to DE 217 ORDER (ail)
March 26, 2021 Opinion or Order PAPERLESS Order canceling jury trial set for 3/29/21. Signed by Magistrate Judge Bruce E. Reinhart on 3/26/2021. (jgy)
March 25, 2021 Opinion or Order Filing 216 PAPERLESS ORDER granting #214 Joint Motion to Dismiss with Prejudice Remaining Claims against U.S. Consumer Attorneys, P.A. and Henry Portner, Esq. This cause is before the Court upon the parties' Joint Motion to Dismiss with Prejudice Remaining Claims against U.S. Consumer Attorneys, P.A. and Henry Portner, Esq. The Court having reviewed the Motion and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED that pursuant to Federal Rule of Civil Procedure 41(a)(2), the Motion is GRANTED and all claims against U.S. Consumer Attorneys, P.A. and Henry Portner, Esq. are DISMISSED with prejudice with each party to bear its own costs and attorneys fees. Signed by Magistrate Judge Bruce E. Reinhart on 3/25/2021. (jgy)
March 25, 2021 Opinion or Order Filing 215 PAPERLESS ORDER noting the parties' Joint Stipulation to Voluntarily Dismiss Cross-Claim Plaintiff Newton Group Transfers, LLC's Cross-Claim against Cross-Claim Defendant US Consumer Attorneys, P.A. Without Prejudice at DE #212 . This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). No court order is required to dismiss an action upon the filing of a stipulation of dismissal signed by all parties who have appeared. See Fed. R. Civ. P. 41(a)(1)(A)(ii). Signed by Magistrate Judge Bruce E. Reinhart on 3/25/2021. (jgy)
March 24, 2021 Opinion or Order Filing 214 Joint MOTION to Dismiss with Prejudice Remaining Claims against U.S. Consumer Attorneys, P.A. and Henry Portner, Esq. by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Leger, Christian)
March 24, 2021 Opinion or Order Filing 213 Plaintiff's RESPONSE to #211 Order,, Omnibus Case Management Order by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Leger, Christian)
March 24, 2021 Opinion or Order Filing 212 NOTICE of Voluntary Dismissal Against Cross-Defendant US Consumer Attorneys, P.A. Without Prejudice by Newton Group Transfers, LLC (Robinson, Dwayne)
March 16, 2021 Opinion or Order Filing 211 OMNIBUS CASE MANAGEMENT ORDER: For the reasons set forth in the Order, on or before March 24, 2021, Plaintiffs shall file a memorandum showing cause why their claims against U.S. Consumer Attorneys, P.A., and Henry Portner should not be dismissed. Additionally, on or before March 24, 2021, Newton Group Transfer, LLC, and U.S. Consumer Attorneys, P.A., shall file (1) a notice indicating whether the court-ordered mediation occurred on the crossclaims and (2) a pretrial stipulation on the crossclaims that conforms to the requirements of the scheduling order at #171 . Signed by Magistrate Judge Bruce E. Reinhart on 3/16/2021. See attached document for full details. (jgy)
March 3, 2021 Opinion or Order Filing 210 Permanent Injunction as to Pluto Marketing, Inc. and 1Planet Media, Inc. Signed by Magistrate Judge Bruce E. Reinhart on 3/3/2021. See attached document for full details. (jgy)
March 3, 2021 Opinion or Order Filing 209 ORDER granting #202 Plaintiff's Motion for Default Judgment and Permanent Injunction against Pluto Marketing, Inc. and 1Planet Media, Inc. The Injunction shall be entered by separate Order. Signed by Magistrate Judge Bruce E. Reinhart on 3/3/2021. See attached document for full details. (jgy)
February 2, 2021 Opinion or Order Filing 208 NOTICE by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #202 Plaintiff's MOTION for Default Judgment and Permanent Injunction against Pluto Marketing, Inc. and 1Planet Media, Inc. (Attachments: #1 Exhibit A) (Leger, Christian)
December 23, 2020 Opinion or Order Filing 207 Exhibit and Witness List (Continuation) by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc... (Attachments: #1 Exhibit 11)(Leger, Christian)
December 23, 2020 Opinion or Order Filing 206 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Evidentiary Hearing held on 12/23/2020. Total time in court: 0 hour(s) : 27 minutes. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (jgy)
December 22, 2020 Opinion or Order Filing 205 Exhibit and Witness List for Evidentiary Hearing by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Transcripts Portner, #8 Transcripts Sussman, #9 Transcripts Shapiro, #10 Transcripts McClellan)(Leger, Christian)
December 1, 2020 Opinion or Order Filing 204 PAPERLESS ORDER taking under advisement #202 Plaintiff's Motion for Default Judgment and setting Evidentiary Hearing to resolve all issues of relief including injunctive relief and monetary damages. At the hearing, Plaintiff may offer additional evidence to support its request for default judgment, injunctive relief, and monetary damages.The Hearing is set for 12/23/2020 at 11:00 AM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 12/1/2020. (jgy)
November 13, 2020 Opinion or Order Filing 203 SECOND Clerk's Notice of Undeliverable Mail re 191 Clerk's Notice of Undeliverable Mail,. US Mail returned for: Pluto Marketing, Inc. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
November 11, 2020 Opinion or Order Filing 202 Plaintiff's MOTION for Default Judgment and Permanent Injunction against Pluto Marketing, Inc. and 1Planet Media, Inc. by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Injunction)(Leger, Christian)
October 21, 2020 Opinion or Order Filing 201 PAPERLESS ORDER denying as moot #183 Motion for Discovery. See ECF No. 200 . Signed by Magistrate Judge Bruce E. Reinhart (BER)
October 21, 2020 Opinion or Order Filing 200 PAPERLESS ORDER denying as moot #184 Motion for Leave to File Amended Complaint, in light of PLaintiffs' response to the Order to Show Cause indicating that a settlement has been reached. Signed by Magistrate Judge Bruce E. Reinhart (BER)
October 21, 2020 Opinion or Order Filing 199 ORDER granting #195 Motion for Permanent Injunction. Signed by Magistrate Judge Bruce E. Reinhart See attached document for full details. (BER)
October 21, 2020 Opinion or Order Filing 198 PAPERLESS ORDER granting #196 Motion to Dismiss Robert Sussman. Pursuant to Fed. R. Civ. P. 41(a)(2), all claims against Robert Sussman are DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge Bruce E. Reinhart (BER)
October 20, 2020 Opinion or Order Filing 197 RESPONSE TO ORDER TO SHOW CAUSE re 193 Order to Show Cause,,,,, by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. (Rubin, Glennys)
October 20, 2020 Opinion or Order Filing 196 Plaintiffs' Motion to Dismiss Claims Against Robert Sussman, Without Prejudice by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Rubin, Glennys)Event Modified on 10/20/2020 (ail).
October 20, 2020 Opinion or Order Filing 195 Joint MOTION for Permanent Injunction Joint Motion and Stipulation For Entry of Final Permanent Injunction Against Defendants U.S. Consumer Attorneys, P.A. and Henry Portner, Esq. by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Christu, Eric)
October 13, 2020 Opinion or Order Filing 193 PAPERLESS ORDER TO SHOW CAUSE why this matter should not be dismissed for lack of prosecution. In July 2020, Plaintiffs filed a motion to compel discovery and a motion for leave to file a Second Amended Complaint. Defendants never responded to those motions. In response to an Order to Show Cause why the motions should not be granted, on August 25, 2020, Defendants reported that the parties were engaged in settlement discussions and that a settlement should be "fully documented and signed the end of the week." [ECF No. 187]. No settlement documents were submitted. On September 23, 2020, the Court ordered the parties to submit a report on the status of the settlement. [ECF No. 189]. The joint status report dated September 25, 2020, said that the parties expected to submit the appropriate settlement documentation within five (5) business days. [ECF No. 190]. More than two weeks have now passed and nothing has been filed. No response has been filed to the pending motions. This matter is more than two years old and is set for trial in the spring of 2021. The Court cannot wait any longer. The parties must either formalize their settlement or proceed with litigating the case. Show Cause Response due by 10/20/2020. Signed by Magistrate Judge Bruce E. Reinhart (BER)
October 9, 2020 Opinion or Order Filing 194 ORDER denying for lack of jurisdiction #192 Motion for Order Dismissing Claims against Newton Defendants Without Prejudice. Signed by Magistrate Judge Bruce E. Reinhart on 10/9/2020. See attached document for full details. (amb)
October 8, 2020 Opinion or Order Filing 192 Plaintiff's MOTION Renewed Motion to Dismiss Claims against Newton Defendants Without Prejudice by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Leger, Christian)
October 8, 2020 Opinion or Order Filing 191 FIRST Clerk's Notice of Undeliverable Mail re #186 Order to Show Cause,. US Mail returned for: Pluto Marketing, Inc.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
September 25, 2020 Opinion or Order Filing 190 STATUS REPORT Joint Status Report Re: Settlement by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred)
September 23, 2020 Opinion or Order Filing 189 ORDER FOR STATUS REPORT. Status Report due by 9/25/2020. Signed by Magistrate Judge Bruce E. Reinhart on 9/23/2020. See attached document for full details. (amb)
September 14, 2020 Opinion or Order Filing 188 PAPERLESS ORDER canceling Telephonic Status Conference previously set for 9/15/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 9/14/2020. (kry)
August 25, 2020 Opinion or Order Filing 187 RESPONSE TO ORDER TO SHOW CAUSE re #186 Order to Show Cause, by Henry Neil Portner, US CONSUMER ATTORNEYS, P.A.. (Giles, Brian)
August 24, 2020 Opinion or Order Pretrial Conference previously set for 8/25/2020 at 2:00 PM terminated. (kry)
August 18, 2020 Opinion or Order Filing 186 ORDER DIRECTING DEFENDANTS TO SHOW CAUSE WHY PLAINTIFFS MOTIONS (ECF NOS. [183, 184]) SHOULD NOT BE GRANTED. Show Cause Response due by 5:00pm on 8/25/2020. Signed by Magistrate Judge Bruce E. Reinhart on 8/18/2020. See attached document for full details. (amb)
July 23, 2020 Opinion or Order Filing 185 TRANSCRIPT of Telephonic Status Conference Proceedings held on 6/15/2020 before Magistrate Judge Bruce E. Reinhart, 1-12 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/13/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/21/2020. (apz)
July 21, 2020 Opinion or Order Filing 184 MOTION for Leave to File Plaintiffs' Motion for Leave to File Second Amended Complaint For Damages and Injunctive Relief by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, Part A, #2 Exhibit 1, Part B, #3 Exhibit 1, Part C, #4 Exhibit 1, Part D, #5 Exhibit 1, Part E, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5)(Christu, Eric)
July 17, 2020 Opinion or Order Filing 183 MOTION for Discovery Plaintiffs' Motion For Appointment of a Special Master to Fulfill Defendants' Discovery Obligations, Or, In The Alternative, For Order to Show Cause and Sanctions and Memorandum of Law by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 7/31/2020 (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 10A, #11 Exhibit 10A2, #12 Exhibit 10A3, #13 Exhibit 10A4, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14)(Christu, Eric)
June 15, 2020 Opinion or Order Filing 182 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephonic Status Conference held on 6/15/2020.Total time in court: 11 minutes. The Court will hold another Telephonic Status Conference on 9/15/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. (Digital BER_1-6-15-2020) (kry)
June 10, 2020 Opinion or Order Filing 181 PAPERLESS CLERK'S NOTICE of Compliance re 179 Order on Motion for Default. Defaults Entered SEE #180 Clerks Entry of Default (ail)
June 10, 2020 Opinion or Order Filing 180 Clerks Entry of Default as to 1PlanetMedia, Inc., Pluto Marketing, Inc. Signed by DEPUTY CLERK on 6/10/2020. (ail)
June 10, 2020 Opinion or Order Filing 179 PAPERLESS ORDER granting #178 . The Clerk of Court is directed to enter a default against Defendants 1PlanetMedia, Inc. and Pluto Marketing, Inc. Signed by Magistrate Judge Bruce E. Reinhart on 6/10/2020. (BER)
June 8, 2020 Opinion or Order Filing 178 PLAINTIFFS MOTION FOR ENTRY OF DEFAULT AGAINST UNREPRESENTED CORPORATE DEFENDANTS 1PLANETMEDIA INC. AND PLUTO MARKETING INC. by Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., Wyndham Resort Development Corporation, Shell Vacations, LLC. (Bennington, Alfred) Text & Event Modified on 6/9/2020 (ail).
May 8, 2020 Opinion or Order Filing 177 PAPERLESS ORDER granting #176 Unopposed Motion for Ryan J. Clarkson to Withdraw as Attorney for Defendants. Ryan Clarkson withdrawn from case. Signed by Magistrate Judge Bruce E. Reinhart on 5/8/2020. (kry)
May 8, 2020 Opinion or Order Filing 176 Unopposed MOTION to Withdraw as Attorney for Defendants by Ryan J. Clarkson for / by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC. Responses due by 5/22/2020 (Lopez, Javier)
April 28, 2020 Opinion or Order Filing 175 PAPERLESS ORDER granting #173 Matthew Fornaro, P.A.'s Unopposed Motion to Withdraw as Counsel of Record. Matthew Fornaro withdrawn from case. Signed by Magistrate Judge Bruce E. Reinhart on 4/28/2020. (kry)
April 28, 2020 Opinion or Order Filing 174 PAPERLESS ORDER granting #172 Unopposed Motion for Daniel J. Barsky to Withdraw as Counsel for Plaintiffs. Daniel Joseph Barsky withdrawn from case. Signed by Magistrate Judge Bruce E. Reinhart on 4/28/2020. (kry)
April 26, 2020 Opinion or Order Filing 173 MOTION to Withdraw as Attorney by Matthew Fornaro for / by 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. Responses due by 5/11/2020 (Fornaro, Matthew)
April 21, 2020 Opinion or Order Filing 172 Unopposed MOTION to Withdraw as Attorney Unopposed Motion for Daniel J. Barsky to Withdraw as Counsel for Plaintiffs by Daniel J. Barsky for / by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 5/5/2020 (Bennington, Alfred)
April 8, 2020 Opinion or Order Set/Reset Hearings Status Conference set for 6/15/2020 02:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. (kry)
April 6, 2020 Opinion or Order Filing 171 AMENDED ORDER Setting Trial Procedures and AMENDED PRETRIAL SCHEDULING ORDER: Jury Trial set for 3/29/2021 09:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Status Conference set for 3/22/2021 02:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Discovery due by 12/18/2020. Mediation Deadline 2/5/2021. In Limine Motions due by 1/29/2021. Motions due by 1/29/2021. Pretrial Stipulation due by 2/15/2021. Signed by Magistrate Judge Bruce E. Reinhart on 4/6/2020. See attached document for full details. (ls) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
April 6, 2020 Opinion or Order Filing 170 PAPERLESS ORDER setting Status Conference for 6/15/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone on 6/15 using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 4/6/2020. (kry)
April 6, 2020 Opinion or Order Filing 169 PAPERLESS ORDER granting #167 Agreed Motion to Extend Pre-Trial Deadlines and to Continue Trial. Signed by Magistrate Judge Bruce E. Reinhart on 4/6/2020. (kry)
April 1, 2020 Opinion or Order Filing 168 NOTICE of Attorney Appearance by Christian Michael Leger on behalf of Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Attorney Christian Michael Leger added to party Shell Vacations, LLC(pty:pla), Attorney Christian Michael Leger added to party Wyndham Resort Development Corporation(pty:pla), Attorney Christian Michael Leger added to party Wyndham Vacation Ownership, Inc.(pty:pla), Attorney Christian Michael Leger added to party Wyndham Vacation Resorts, Inc.(pty:pla). (Leger, Christian)
March 20, 2020 Opinion or Order Filing 167 Agreed MOTION for Extension of Time to Extend Pre-Trial Deadlines and to Continue Trial by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 4/3/2020 (Christu, Eric)
March 4, 2020 Opinion or Order Filing 166 NOTICE by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #155 Scheduling Order,,, Joint Notice Extending Certain Deadlines of the Order Setting Trial Procedures and Pretrial Scheduling Order (DE 155) (Bennington, Alfred)
February 25, 2020 Opinion or Order Filing 165 TRANSCRIPT of Telephonic Hearing held on 2/5/2020 before Magistrate Judge Bruce E. Reinhart, 1-24 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2020. Redacted Transcript Deadline set for 3/27/2020. Release of Transcript Restriction set for 5/26/2020. (apz)
February 25, 2020 Opinion or Order Filing 164 TRANSCRIPT of Telephonic Hearing held on 1/30/2020 before Magistrate Judge Bruce E. Reinhart, 1-40 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2020. Redacted Transcript Deadline set for 3/27/2020. Release of Transcript Restriction set for 5/26/2020. (apz)
February 5, 2020 Opinion or Order Filing 163 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 2/5/2020. Total time in court: 23 minutes. (Digital 15:06:09). Consistent with the Court's ruling during the hearing, Plaintiffs are authorized to take a Rule 30(b)(6) deposition of Defendant US Consumer Attorneys, P.A.'s corporate representative regarding the manner of USCA's document production to date. The deposition is to take place on or before February 19, 2020. (kry)
January 31, 2020 Opinion or Order Filing 162 TRANSCRIPT of Discovery Hearing held on 12/30/2019 before Magistrate Judge Bruce E. Reinhart, 1-48 pages, Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/30/2020. (sf)
January 30, 2020 Opinion or Order Filing 161 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 1/30/2020. Total time in court: 48 minutes. (Digital 14:05:01). The Court will hold another Discovery Hearing on 2/5/2020 at 3:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone on 2/5 using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. (kry)
January 28, 2020 Opinion or Order Filing 160 STATUS REPORT Joint Discovery Memorandum by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bennington, Alfred)
January 27, 2020 Opinion or Order Filing 159 PAPERLESS ORDER setting Discovery Hearing for 1/30/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 1/27/2020. (kry)
December 30, 2019 Opinion or Order Filing 158 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 12/30/2019. Total time in court: 43 minutes. (Digital 13:32:37) (kry)
December 26, 2019 Opinion or Order Filing 157 STATUS REPORT Joint Discovery Memorandum by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bennington, Alfred)
December 19, 2019 Opinion or Order Filing 156 PAPERLESS ORDER setting Discovery Hearing for 12/30/2019 at 1:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The parties' Joint Discovery Status Report is due by 12:00 P.M. on 12/27/2019. Counsel may appear by phone on 12/30 using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 12/19/2019. (kry)
November 8, 2019 Opinion or Order Filing 155 ORDER SETTING TRIAL PROCEDURES AND PRETRIAL SCHEDULING ORDER. SCHEDULING ORDER: Jury Trial set for 9/1/2020 09:30 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Pretrial Conference set for 8/25/2020 02:00 PM before Magistrate Judge Bruce E. Reinhart. Discovery due by 6/9/2020. Mediation Deadline 6/30/2020. In Limine Motions due by 6/23/2020. Dispositive Motions due by 6/23/2020. Motions due by 6/23/2020. Pretrial Stipulation due by 7/7/2020. Signed by Magistrate Judge Bruce E. Reinhart on 11/8/2019. See attached document for full details. (amb) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
October 23, 2019 Opinion or Order Filing 154 Joint SCHEDULING REPORT - Rule 16.1 by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred)
October 8, 2019 Opinion or Order Filing 153 PAPERLESS ORDER requiring the parties to meet and confer regarding the submission of a joint scheduling report that includes the information required by Local Rule 16.1. The joint scheduling report shall be filed by October 23, 2019. Signed by Magistrate Judge Bruce E. Reinhart on 10/8/2019. (kry)
September 5, 2019 Opinion or Order Filing 152 NOTICE of Attorney Appearance by Brian Thomas Giles on behalf of Henry Neil Portner, US CONSUMER ATTORNEYS, P.A.. Attorney Brian Thomas Giles added to party Henry Neil Portner(pty:dft), Attorney Brian Thomas Giles added to party US CONSUMER ATTORNEYS, P.A.(pty:dft). (Giles, Brian)
August 23, 2019 Opinion or Order Filing 151 NOTICE by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. Notice of Filing Joint Stipulation to Voluntarily Dismiss Counts II, V, VII, VIII and IX Against Defendants Newton Group Transfers, LLC, Newton Group, ESA LLC, Newton Group Exit, LLC, Interval Broker Direct, LLC and DC Capital Law Firm, LLP Without Prejudice (Bennington, Alfred)
August 22, 2019 Opinion or Order Filing 150 ORDER denying without prejudice #136 Motion to Substitute Party. Signed by Magistrate Judge Bruce E. Reinhart See attached document for full details. (BER)
August 17, 2019 Opinion or Order Filing 149 ANSWER to Crossclaim by US CONSUMER ATTORNEYS, P.A.. (Fornaro, Matthew)
August 14, 2019 Opinion or Order Filing 148 PAPERLESS ORDER granting #146 Motion for Extension of Time to File. Signed by Magistrate Judge Bruce E. Reinhart (BER)
August 13, 2019 Opinion or Order Filing 147 Plaintiff's REPLY to #143 Response in Opposition to Motion, Reply Memorandum in Support of Substitution of Conrad Sussman as Successor to Defendant Robert Sussman by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit)(Bennington, Alfred)
August 6, 2019 Opinion or Order Filing 146 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #143 Response in Opposition to Motion, Plaintiffs' Unopposed Motion to Extend Deadline to Reply to Defendants' Response in Opposition to Plaintiff's Motion to Substitute by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Bennington, Alfred)
July 31, 2019 Opinion or Order Filing 145 Clerks Notice to Filer re: Summons for Conrad Sussman cannot be issued. Summons NOT issued for the following reason - Motion for Substitution of Party is Pending. (ail)
July 31, 2019 Opinion or Order Filing 144 NOTICE of Filing Proposed Summons(es) by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Summon(s)) (Bennington, Alfred)
July 30, 2019 Opinion or Order Filing 143 RESPONSE in Opposition re #136 Plaintiff's MOTION to Substitute Party Conrad Sussman, as Successor to Robert Sussman, as Party Defendent and Incorporated Memorandum of Law filed by 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, US CONSUMER ATTORNEYS, P.A.. Replies due by 8/6/2019. (Fornaro, Matthew)
July 26, 2019 Opinion or Order Reset Deadlines Per DE#140. Discovery due by 8/26/2019. (cqs)
July 26, 2019 Opinion or Order Reset Deadlines Per DE#142. Responses due by 8/26/2019 (cqs)
July 25, 2019 Opinion or Order Filing 142 PAPERLESS ORDER granting #139 Defendants' Motion for Extension of Time to Respond to Discovery. Defendants' Response is now due August 26, 2019. Signed by Magistrate Judge Bruce E. Reinhart on 7/25/2019. (kry)
July 25, 2019 Opinion or Order Filing 141 PAPERLESS ORDER granting #138 Joint Motion by Plaintiffs and Defendants to Extend Deadline for Plaintiffs to Move to Strike Defendants' Affirmative Defenses. The deadline for Plaintiffs to file a Motion to Strike is extended to August 26, 2019. Signed by Magistrate Judge Bruce E. Reinhart on 7/25/2019. (kry)
July 25, 2019 Opinion or Order Filing 140 PAPERLESS ORDER granting #137 Joint Stipulated Motion by Plaintiffs to Extend Deadlines to Respond to Discovery. Per the parties' stipulation at DE 137, the deadline for Defendants to respond to the relevant outstanding discovery requests is extended to August 26, 2019. Signed by Magistrate Judge Bruce E. Reinhart on 7/25/2019. (kry)
July 23, 2019 Opinion or Order Filing 139 MOTION for Extension of Time to respond to discovery by 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, US CONSUMER ATTORNEYS, P.A.. Responses due by 8/6/2019 (Fornaro, Matthew)
July 23, 2019 Opinion or Order Filing 138 Joint MOTION for Extension of Time for Plaintiffs to Move to Strike Answers & Affirmative Defenses re #133 Answer to Amended Complaint,, Crossclaim, #134 Answer to Amended Complaint by Wyndham Vacation Ownership, Inc.. Responses due by 8/6/2019 (Attachments: #1 Exhibit A)(Bennington, Alfred)
July 23, 2019 Opinion or Order Filing 137 Joint MOTION for Extension of Time to Extend Discovery Response Due Dates by Wyndham Vacation Ownership, Inc.. Responses due by 8/6/2019 (Attachments: #1 Exhibit A)(Bennington, Alfred)
July 16, 2019 Opinion or Order Filing 136 Plaintiff's MOTION to Substitute Party Conrad Sussman, as Successor to Robert Sussman, as Party Defendent and Incorporated Memorandum of Law by Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 7/30/2019 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Bennington, Alfred)
July 8, 2019 Opinion or Order Filing 135 PAPERLESS ORDER denying as moot #129 Motion to Expedite; denying as moot #129 Motion for Extension of Time to File Answer. Signed by Magistrate Judge Bruce E. Reinhart on 7/8/2019. (kry)
July 3, 2019 Opinion or Order Filing 134 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by DC Capital Law Firm, LLP. (Smith, Sheena)
July 3, 2019 Opinion or Order Filing 133 Newton Defendants' ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , CROSSCLAIM against US CONSUMER ATTORNEYS, P.A. by Newton Group Transfers, LLC, The Newton Group, ESA LLC, Interval Broker Direct, LLC, Newton Group Exit, LLC. (Lopez, Javier)
July 3, 2019 Opinion or Order Filing 132 AMENDED ORDER denying #59 Motion to Dismiss for Failure to State a Claim; denying #60 Motion to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge Bruce E. Reinhart on 7/3/2019. See attached document for full details. (kry)
July 3, 2019 Opinion or Order Filing 131 PAPERLESS ORDER denying #104 DC Capital Law Firm, LLP's Motion for Reconsideration of the Court's Order Denying Motion to Dismiss. Signed by Magistrate Judge Bruce E. Reinhart on 7/3/2019. (kry)
July 3, 2019 Opinion or Order Filing 130 PAPERLESS ORDER denying #103 Motion for Reconsideration of Order Denying Defendants Newton Group Transfers, LLC, The Newton Group ESA, LLC, Interval Broker Direct, LLC, and Newton Group Exit, LLC's Motion to Dismiss the First Amended Complaint. Signed by Magistrate Judge Bruce E. Reinhart on 7/3/2019. (kry)
July 3, 2019 Opinion or Order Filing 129 MOTION to Expedite , MOTION for Extension of Time to File Response/Reply/Answer as to #48 Amended Complaint,,, by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier)
June 24, 2019 Opinion or Order Filing 128 NOTICE by DC Capital Law Firm, LLP Defendant, DC Capital's Notice of Joinder (Smith, Sheena)
June 24, 2019 Opinion or Order Filing 127 REPLY to #103 MOTION for Reconsideration re #98 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Dismiss/Lack of Jurisdiction, by Newton Group Exit, LLC, Newton Group Transfers, LLC. (Attachments: #1 Exhibit 1 - The Nevada Order, #2 Exhibit 2 - Earnings Conference Call)(Robinson, Dwayne)
June 20, 2019 Opinion or Order Set/Reset Answer Due Deadline: DC Capital Law Firm, LLP response due 7/3/2019; Newton Group Exit, LLC response due 7/3/2019; Newton Group Transfers, LLC response due 7/3/2019. SEE DE 126 ORDER (ail)
June 20, 2019 Opinion or Order Filing 126 PAPERLESS ORDER granting #124 Motion for Extension of Time. The Court intends to rule on the Motion for Reconsideration regardless of whether an Answer is filed, however, the DC Law and Newton Defendants may have until July 3, 2019, to answer the operative complaint. Signed by Magistrate Judge Bruce E. Reinhart on 6/20/2019. (kry)
June 19, 2019 Opinion or Order Filing 125 NOTICE of Compliance AMENDED 7.1(A) CERTIFICATE OF COMPLIANCE by DC Capital Law Firm, LLP re #124 Unopposed MOTION for Extension of Time DC Capital Law Firm's Unopposed Expedited Motion to Extend Time to File a Responsive Pleading filed by DC Capital Law Firm, LLP (Smith, Sheena)
June 19, 2019 Opinion or Order Filing 124 Unopposed MOTION for Extension of Time DC Capital Law Firm's Unopposed Expedited Motion to Extend Time to File a Responsive Pleading by DC Capital Law Firm, LLP. Responses due by 7/3/2019 (Smith, Sheena)
June 19, 2019 Opinion or Order Filing 123 PAPERLESS ORDER denying #120 Expedited Motion for Extension of Time to Submit a Responsive Pleading. Resolution of the Motion for Reconsideration is pending based on the Newton Defendants having filed a Notice of Intent to File a Reply (DE 121). The Court will rule on the Motion for Reconsideration promptly after the Reply is filed. The Reply must be filed by no later than 5:00PM on 6/24/2019. Signed by Magistrate Judge Bruce E. Reinhart on 6/19/2019. (kry)
June 18, 2019 Opinion or Order Filing 122 Clerks Notice to Filer re #120 MOTION to Expedite Resolution of MOTION for Extension of Time to Submit a Responsive Pleading Promptly After the Court's Issuance of a Ruling Regarding the Motion for Reconsideration of the Court's Order Denying Motion to Dismiss the First Amended Complaint re [10. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
June 18, 2019 Opinion or Order Filing 121 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC of Intent to Submit a Reply (Lopez, Javier)
June 18, 2019 Opinion or Order Filing 120 Expedited Motion for Extension of Time to File Response/Reply/Answer as to #48 Amended Complaint promptly after the Court's Issuance of an Ruling regarding the Motion for Reconsideration of the Court's Order Denying Motion to Dismiss the First Amended Complaint ( Responses due by 7/2/2019) by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Text of Proposed Order)(Lopez, Javier) Modified Relief/Link on 6/18/2019 (ls).
June 17, 2019 Opinion or Order Filing 119 RESPONSE in Opposition re #103 MOTION for Reconsideration re #98 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Dismiss/Lack of Jurisdiction, , #104 MOTION for Reconsideration re #98 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Dismiss/Lack of Jurisdiction, filed by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Replies due by 6/24/2019. (Attachments: #1 Exhibit A)(Bennington, Alfred)
June 14, 2019 Opinion or Order Filing 118 PAPERLESS ORDER granting in part and denying in part #116 Plaintiffs' Partially Unopposed Motion to Shorten Time for 1PlanetMedia, Inc., to Respond to Discovery Requests. The unopposed request to shorten the time for 1PlanetMedia, Inc., to respond to written discovery requests by June 21, 2019, is granted. The opposed portion of the motion requesting 1PlanetMedia, Inc., respond to the Request for Entry on the properties by June 21, 2019, is denied. The justification for this request is a concern that relevant materials may not be conserved. This concern is purely speculative. Plaintiffs have not proffered evidence that spoliation is occurring or is likely to occur. Absent such evidence, the Court will not presume that 1PlanetMedia, Inc., is not complying with its obligation to preserve evidence. See, e.g., Fed. R. Civ. P. 37(e), 18 U.S.C. 1503, 18 U.S.C. 1512(c). Signed by Magistrate Judge Bruce E. Reinhart on 6/14/2019. (kry)
June 11, 2019 Opinion or Order Filing 117 Joint SCHEDULING REPORT - Rule 26(f) by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred)
June 11, 2019 Opinion or Order Filing 116 Plaintiff's EXPEDITED MOTION Plaintiff's Expedited & Partially Unopposed Motion to Shorten Time for 1Planetmedia, Inc. to Respond to Discovery Requests by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Bennington, Alfred)
June 11, 2019 Opinion or Order Filing 115 PAPERLESS ORDER granting #112 Joint Motion for Entry of Stipulated Protective Order. Signed by Magistrate Judge Bruce E. Reinhart on 6/11/2019. (kry)
June 10, 2019 Opinion or Order Filing 114 TRANSCRIPT of Motion to Dismiss held on 2/25/2019 before Magistrate Judge Bruce E. Reinhart, 1-100 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/1/2019. Redacted Transcript Deadline set for 7/11/2019. Release of Transcript Restriction set for 9/9/2019. (apz)
June 10, 2019 Opinion or Order Filing 113 Joint SCHEDULING REPORT - Rule 26(f) by Wyndham Vacation Ownership, Inc. (Bennington, Alfred)
June 10, 2019 Opinion or Order Filing 112 Joint MOTION for Protective Order Motion for Entry of Stipulated Protective Order by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit)(Bennington, Alfred)
June 7, 2019 Opinion or Order Filing 111 PAPERLESS ORDER granting #105 Motion to Expedite; denying #105 Motion to Stay. This case will proceed through discovery while the Motion to Dismiss is pending. Signed by Magistrate Judge Bruce E. Reinhart on 6/7/2019. (kry)
June 6, 2019 Opinion or Order Filing 110 TRANSCRIPT of Discovery Status Proceedings held on 5/22/2019 before Magistrate Judge Bruce E. Reinhart, 1-46 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/4/2019. (apz)
June 6, 2019 Opinion or Order Filing 109 PAPERLESS ORDER granting #107 Defendant DC Capital Law Firm, LLP's Motion for an Extension of Time to Respond to Plaintiffs' First Amended Complaint. DC Capital Law shall file an Answer by 6/21/2019. Signed by Magistrate Judge Bruce E. Reinhart on 6/6/2019. (kry)
June 6, 2019 Opinion or Order Filing 108 Clerks Notice to Filer re #107 Defendant's MOTION for Extension of Time DC Capital Law Firm, LLP's Motion for an Extension of Time to Respond to Plaintiffs' First Amended Complaint . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
June 5, 2019 Opinion or Order Filing 107 Defendant's Motion for Extension of Time to File Response/Reply/Answer as to #48 Amended Complaint by DC Capital Law Firm, LLP. Responses due by 6/19/2019 (Smith, Sheena) Modified Relief/Link on 6/6/2019 (ls).
June 4, 2019 Opinion or Order Filing 106 PAPERLESS ORDER requiring Plaintiffs to file a Response to Defendants' Motions for Reconsideration of the Order denying Motions to Dismiss (DEs 103, 104). Signed by Magistrate Judge Bruce E. Reinhart on 6/4/2019. (kry)
June 4, 2019 Opinion or Order Filing 105 MOTION to Expedite Resolution of, MOTION to Stay re #103 MOTION for Reconsideration re #98 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Dismiss/Lack of Jurisdiction, ( Responses due by 6/18/2019) by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier)
June 3, 2019 Opinion or Order Filing 104 MOTION for Reconsideration re #98 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Dismiss/Lack of Jurisdiction, by DC Capital Law Firm, LLP. (Smith, Sheena)
June 3, 2019 Opinion or Order Filing 103 MOTION for Reconsideration re #98 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Dismiss/Lack of Jurisdiction, by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lopez, Javier)
May 30, 2019 Opinion or Order Filing 102 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 5/22/2019. Total time in court: 53 minutes. The discovery stay has been lifted, and discovery shall begin immediately in accordance with the parameters set forth at the hearing. A proposed Confidentiality Order in Word format shall be submitted to the Court for review, and must include a Rule 502(d) clawback provision. (Digital 14:05:03) (kry)
May 28, 2019 Opinion or Order Filing 101 PAPERLESS ORDER granting #100 the Newton Defendants' Unopposed Motion for Enlargement of Time. The Newton Defendants shall file an Answer by no later than 6/21/2019. Signed by Magistrate Judge Bruce E. Reinhart on 5/28/2019. (kry)
May 23, 2019 Opinion or Order Filing 100 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #48 Amended Complaint,,, by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Text of Proposed Order)(Lopez, Javier)
May 22, 2019 Opinion or Order Filing 99 PAPERLESS ORDER denying #61 Defendants' Renewed Motion for the Court to Take Judicial Notice of a California Court Order for the reasons stated on the record at the hearing held on 2/25/2019 (DE 93). Signed by Magistrate Judge Bruce E. Reinhart on 5/22/2019. (kry)
May 22, 2019 Opinion or Order Filing 98 ORDER denying #59 Motion to Dismiss for Failure to State a Claim; denying #60 Motion to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge Bruce E. Reinhart on 5/22/2019. See attached document for full details. (kry)
May 21, 2019 Opinion or Order Filing 97 PAPERLESS ORDER denying #96 Unopposed Motion for Continuance of Status Conference set for 5/22/19 at 2:00PM, given the procedural nature of the hearing (entry of new Scheduling Order) and the Court's unavailability the week of 5/28. Signed by Magistrate Judge Bruce E. Reinhart on 5/21/2019. (kry)
May 20, 2019 Opinion or Order Filing 96 Unopposed MOTION to Continue re 95 Order,, Set/Reset Hearings, by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 6/3/2019 (Attachments: #1 Text of Proposed Order)(Lopez, Javier)
May 20, 2019 Opinion or Order Filing 95 PAPERLESS ORDER setting Status Conference Re: Scheduling/Deadlines/Procedural Matters for 5/22/2019 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone at the 5/22 Hearing using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 5/20/2019. (kry)
April 20, 2019 Opinion or Order Filing 94 SUGGESTION OF DEATH as to Robert Sussman by 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A. (Fornaro, Matthew)
February 25, 2019 Opinion or Order Filing 93 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Hearing on [59, 60] Motions to Dismiss held on 2/25/2019. Total time in court: 2 hours: 12 minutes. (Digital 14:02:23) (kry)
February 21, 2019 Opinion or Order Filing 92 PAPERLESS ORDER permitting counsel to appear by phone at the Motion Hearing set for 2/25/19 at 2:00PM, provided co-counsel who will be arguing the matters set for hearing attends in-person. The call-in instructions are as follows: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 2/21/2019. (kry)
February 11, 2019 Opinion or Order Filing 91 PAPERLESS ORDER denying without prejudice #77 Defendant DC Capital Law Firm, LLP's Motion to Compel Better Answers to the First Set of Interrogatories for the reasons stated at DE 89. Signed by Magistrate Judge Bruce E. Reinhart on 2/11/2019. (kry)
February 11, 2019 Opinion or Order Filing 90 PAPERLESS ORDER denying without prejudice #75 Defendant, DC Capital Law Firm, LLP's Motion for Protective Order for the reasons stated at DE 89. Signed by Magistrate Judge Bruce E. Reinhart on 2/11/2019. (kry)
February 11, 2019 Opinion or Order Filing 89 PAPERLESS ORDER denying without prejudice #73 Defendant, DC Capital Law Firm, LLP's Motion to Strike Plaintiffs' Experts, #75 Defendant, DC Capital Law Firm, LLP's Motion for Protective Order, and #77 Defendant, DC Capital Law Firm, LLP's Motion to Compel Better Answers to the First Set of Interrogatories, in light of this Court's Order staying discovery pending resolution of the Motions to Dismiss. This Order is without prejudice to Defendant(s) seeking judicial resolution of any discovery matters that remain in dispute when the stay is lifted, and that are brought in accordance with the procedure set forth in the Court's Standing Discovery Order at docket entry 82. Signed by Magistrate Judge Bruce E. Reinhart on 2/11/2019. (kry)
February 11, 2019 Opinion or Order Filing 88 PAPERLESS ORDER granting in part and denying in part #84 Joint Motion to Stay ("Motion"). All further motion practice and discovery in this case is hereby stayed, with the exceptions of the upcoming Motions hearing on 2/25/19 and the deposition of Mr. Sussman. The Court will lift the stay upon resolution of the Motions to Dismiss. The Motion is denied to the extent it seeks vacature of the existing Scheduling Order, as the Court will take up this matter following the 2/25 hearing. Signed by Magistrate Judge Bruce E. Reinhart on 2/11/2019. (kry)
February 11, 2019 Opinion or Order Filing 87 PAPERLESS ORDER taking under advisement #59 Defendant, DC Capital Law Firm, LLP's Motion to Dismiss Plaintiffs' First Amended Complaint for Damages and Injunctive Relief and #60 Defendants Newton Group Transfers, LLC, The Newton Group ESA, LLC, Interval Broker Direct, LLC, and Newton Group Exit, LLC's Motion to Dismiss the First Amended Complaint. The Court will hear argument on the Motions to Dismiss on 2/25/2019 at 2:00PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 2/25/2019. (kry)
February 11, 2019 Opinion or Order Filing 86 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 2/11/2019. Total time in court: 41 minutes. (Digital 14:02:37) (kry)
February 11, 2019 Opinion or Order Set/Reset Hearings. Motions Hearing set for 2/25/2019 at 2:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. (kry)
February 8, 2019 Opinion or Order Filing 85 NOTICE of Attorney Appearance by Eric Christu on behalf of Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Attorney Eric Christu added to party Shell Vacations, LLC(pty:pla), Attorney Eric Christu added to party Wyndham Resort Development Corporation(pty:pla), Attorney Eric Christu added to party Wyndham Vacation Ownership, Inc.(pty:pla), Attorney Eric Christu added to party Wyndham Vacation Resorts, Inc.(pty:pla). (Christu, Eric)
February 8, 2019 Opinion or Order Filing 84 Joint MOTION to Stay re #79 Consent to Jurisdiction by US Magistrate Judge Joint Motion Executed Upon Consent to Proceed Before Magistrate Judge Bruce Reinhart [DE 79] by Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 2/22/2019 (Attachments: #1 Text of Proposed Order)(Barsky, Daniel)
February 6, 2019 Opinion or Order Filing 83 NOTICE OF WITHDRAWAL OF MOTION by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #72 MOTION for Protective Order Motion for Entry of Stipulated Protective Order filed by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Barsky, Daniel)
February 6, 2019 Opinion or Order Filing 82 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 2/6/2019. See attached document for full details. (amb)
February 5, 2019 Opinion or Order Filing 81 PAPERLESS ORDER setting Status Conference Re: Scheduling/Deadlines/Procedural Matters for 2/11/2019 at 02:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone using the following conference call instructions:Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 2/5/2019. (kry)
February 4, 2019 Opinion or Order Filing 80 ORDER OF REFERENCE. ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for a11 further proceedings including Trial and entry of judgment. Judge Donald M. Middlebrooks no longer assigned as presider/referral judge(s) in case. Signed by Judge Donald M. Middlebrooks on 2/4/2019. See attached document for full details. (amb)
February 4, 2019 Opinion or Order Set/Reset Deadlines as to #72 Motion for Entry of Stipulated Protective Order. Responses due by 2/6/2019 Replies due by 2/8/2019. SEE DE 76 ORDER (ail)
February 2, 2019 Opinion or Order Filing 79 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Barsky, Daniel)
February 2, 2019 Opinion or Order Filing 78 STIPULATION to Consent to Proceed Before Magistrate Reinhart by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Barsky, Daniel)
February 1, 2019 Opinion or Order Filing 77 Defendant's MOTION to Compel Plaintiff to Provide Better Answers to Interrogatories by DC Capital Law Firm, LLP. Responses due by 2/15/2019 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Smith, Sheena)
February 1, 2019 Opinion or Order Filing 76 PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. On January 30, 2019, Defendants Newton Group Transfers, LLC, The Newton Group ESA, LLC, Newton Group Exit, LLC, and Interval Broker Direct, LLC notified the Court that they plan to oppose the Motion for Entry of Stipulated Protective Order filed by Plaintiffs on January 29, 2019. (DE #74 ). The Court orders expedited briefing on the Motion for Entry of Stipulated Protective Order (DE #72 ). Defendants shall file any response to the Motion (DE #72 ) by February 6, 2019, and Plaintiffs shall file any reply by February 8, 2019. Signed by Judge Donald M. Middlebrooks on 2/1/2019. (kal)
January 30, 2019 Opinion or Order Filing 75 Defendant's MOTION for Protective Order by DC Capital Law Firm, LLP. (Attachments: #1 Exhibit)(Vine, S.)
January 30, 2019 Opinion or Order Filing 74 NOTICE by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC re #72 MOTION for Protective Order Motion for Entry of Stipulated Protective Order . Attorney Dwayne Antonio Robinson added to party Interval Broker Direct, LLC(pty:dft), Attorney Dwayne Antonio Robinson added to party Newton Group Exit, LLC(pty:dft). (Robinson, Dwayne)
January 29, 2019 Opinion or Order Filing 73 MOTION to Strike by DC Capital Law Firm, LLP. Responses due by 2/12/2019 (Attachments: #1 Exhibit Expert Disclosures, #2 Request for Production)(Vine, S.)
January 29, 2019 Opinion or Order Filing 72 **WITHDRAWN** MOTION for Protective Order Motion for Entry of Stipulated Protective Order by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1)(Bennington, Alfred) Modified on 2/7/2019 per DE #83 (ail).
January 23, 2019 Opinion or Order Filing 71 REPLY to Response to Motion re #59 Defendant's MOTION TO DISMISS #48 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by DC Capital Law Firm, LLP. (Vine, S.)
January 23, 2019 Opinion or Order Filing 70 REPLY to Response to Motion re #60 Defendant's MOTION to Dismiss for Lack of Jurisdiction #48 Amended Complaint,,, filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier)
January 16, 2019 Opinion or Order Filing 69 RESPONSE in Opposition re #59 Defendant's MOTION TO DISMISS #48 Amended 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 1/23/2019. (Bennington, Alfred)
January 16, 2019 Opinion or Order Filing 68 RESPONSE in Opposition re #60 Defendant's MOTION to Dismiss for Lack of Jurisdiction #48 Amended Complaint,,, filed by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Replies due by 1/23/2019. (Bennington, Alfred)
January 7, 2019 Opinion or Order Filing 67 REPLY to Response to Motion re #61 Defendant's MOTION for Court to Take Judicial Notice re #60 Defendant's MOTION to Dismiss for Lack of Jurisdiction #48 Amended Complaint,,, filed by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Lopez, Javier)
December 31, 2018 Opinion or Order Filing 66 RESPONSE in Opposition re #61 Defendant's MOTION for Court to Take Judicial Notice re #60 Defendant's MOTION to Dismiss for Lack of Jurisdiction #48 Amended Complaint,,, filed by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Replies due by 1/7/2019. (Bennington, Alfred)
December 27, 2018 Opinion or Order Filing 65 PAPERLESS ORDER granting #63 Plaintiffs' Unopposed Motion for Extension of Time. The deadline by which Plaintiffs must respond to Defendant DC Capital Law Firm, LLP's Motion to Dismiss (DE #59 ) is extended to January 16, 2019. Signed by Judge Donald M. Middlebrooks on 12/27/2018. (kal)
December 27, 2018 Opinion or Order Filing 64 PAPERLESS ORDER granting #62 Plaintiffs' Unopposed Motion for Extension of Time. The deadline by which Plaintiffs must respond to Defendants Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, and the Newton Group ESA, LLC's Motion to Dismiss (DE #60 ) is extended to January 16, 2019. Signed by Judge Donald M. Middlebrooks on 12/27/2018. (kal)
December 21, 2018 Opinion or Order Filing 63 Agreed MOTION for Extension of Time to Respond to Defendant DC Capital Law Firm, LLP's Motion to Dismiss re #59 Defendant's MOTION TO DISMISS #48 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 1/4/2019 (Attachments: #1 Exhibit A)(Rubin, Glennys)
December 21, 2018 Opinion or Order Filing 62 Agreed MOTION for Extension of Time to respond to Defendants' Motion To Dismiss Plaintiffs' First Amended Complaint re #60 Defendant's MOTION to Dismiss for Lack of Jurisdiction #48 Amended Complaint,,, by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 1/4/2019 (Attachments: #1 Exhibit A)(Rubin, Glennys)
December 19, 2018 Opinion or Order Filing 61 Defendant's MOTION for Court to Take Judicial Notice re #60 Defendant's MOTION to Dismiss for Lack of Jurisdiction #48 Amended Complaint,,, by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 California State Order)(Lopez, Javier)
December 19, 2018 Opinion or Order Filing 60 Defendant's MOTION to Dismiss for Lack of Jurisdiction #48 Amended Complaint,,, by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 1/2/2019 (Lopez, Javier)
December 19, 2018 Opinion or Order Filing 59 Defendant's MOTION TO DISMISS #48 Amended Complaint,,, FOR FAILURE TO STATE A CLAIM by DC Capital Law Firm, LLP. Responses due by 1/2/2019 (Vine, S.)
December 19, 2018 Opinion or Order Filing 58 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. (Fornaro, Matthew)
December 12, 2018 Opinion or Order Filing 57 ORDER GRANTING PLAINTIFFS UNOPPOSED MOTIONS FOR SUBSTITUTION OF COUNSEL. Granting #53 Motion to Withdraw as Attorney. Lawrence Allan Kellogg and Lawrence G. Walters withdrawn from case ; granting #54 Motion to Withdraw as Attorney. Lawrence Allan Kellogg and Lawrence G. Walters withdrawn from case. Signed by Judge Donald M. Middlebrooks on 12/12/2018. See attached document for full details. (amb)
December 6, 2018 Opinion or Order Filing 56 PAPERLESS ORDER granting #55 Defendants' Unopposed Motion for Extension of Time. Defendants shall file any response to Plaintiffs' First Amended Complaint (DE #48 ) on or by December 19, 2018. Signed by Judge Donald M. Middlebrooks on 12/6/2018. (kal)
December 4, 2018 Opinion or Order Filing 55 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #48 Amended Complaint,,, by 1Planetmedia, Inc., DC Capital Law Firm, LLP, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, The Newton Group, ESA LLC, US CONSUMER ATTORNEYS, P.A.. Attorney Javier Asis Lopez added to party Interval Broker Direct, LLC(pty:dft), Attorney Javier Asis Lopez added to party Newton Group Exit, LLC(pty:dft). (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order)(Lopez, Javier)
December 4, 2018 Opinion or Order Filing 54 Defendant's MOTION to Withdraw as Attorney by Lawrence A. Kellogg for / by 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. Responses due by 12/18/2018 (Kellogg, Lawrence)
December 4, 2018 Opinion or Order Filing 53 Agreed MOTION to Withdraw as Attorney by Lawrence G. Walters for / by 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. Responses due by 12/18/2018 (Walters, Lawrence)
November 30, 2018 Opinion or Order Filing 52 NOTICE of Attorney Appearance by Matthew Fornaro on behalf of 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. Attorney Matthew Fornaro added to party 1Planetmedia, Inc.(pty:dft), Attorney Matthew Fornaro added to party Pluto Marketing, Inc.(pty:dft), Attorney Matthew Fornaro added to party Henry Neil Portner(pty:dft), Attorney Matthew Fornaro added to party Robert Sussman(pty:dft), Attorney Matthew Fornaro added to party US CONSUMER ATTORNEYS, P.A.(pty:dft). (Fornaro, Matthew)
November 27, 2018 Opinion or Order Filing 51 PAPERLESS ORDER denying as moot #39 Motion to Dismiss. In light of the Amended Complaint (DE #48 ), Defendants Newton Group Transfers, LLC and The Newton Group ESA, LLC's Motion to Dismiss the Complaint is denied as moot. Signed by Judge Donald M. Middlebrooks on 11/27/2018. (sfr)
November 27, 2018 Opinion or Order Filing 50 PAPERLESS ORDER denying as moot #36 Motion to Dismiss. In light of the Amended Complaint (DE #48 ), Defendant DC Capital Law Firm, LLP's Motion to Dismiss the Complaint is denied as moot. Signed by Judge Donald M. Middlebrooks on 11/27/2018. (sfr)
November 26, 2018 Opinion or Order Filing 49 Summons Issued as to Interval Broker Direct, LLC, Newton Group Exit, LLC. (Attachments: #1 Summon(s))(ail)
November 21, 2018 Opinion or Order Filing 48 AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, 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 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit Composite 24, #25 Summon(s) Interval Broker Direct, LLC, #26 Summon(s) Newton Group Exit, LLC)(Barsky, Daniel)
November 15, 2018 Opinion or Order Filing 47 NOTICE OF WITHDRAWAL OF MOTION by Newton Group Transfers, LLC, The Newton Group, ESA LLC re #38 MOTION Defendants Newton Group Transfers, LLC and Newton Group ESA, LLCs Motion for the Court to Take Judicial Notice of a California Court Order filed by The Newton Group, ESA LLC, Newton Group Transfers, LLC Because It Is Now Moot (Lopez, Javier)
November 14, 2018 Opinion or Order Filing 46 STATUS REPORT Regarding Discovery by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Barsky, Daniel)
November 14, 2018 Opinion or Order Filing 45 RESPONSE in Opposition re #38 MOTION Defendants Newton Group Transfers, LLC and Newton Group ESA, LLCs Motion for the Court to Take Judicial Notice of a California Court Order filed by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Replies due by 11/21/2018. (Bennington, Alfred)
November 14, 2018 Opinion or Order Filing 44 PAPERLESS ORDER granting #43 Unopposed Motion for Extension of Time. Plaintiffs Wyndham Vacation Ownership Inc., Wyndham Vacation Resorts, Inc., Wyndham Resort Development Corporation, and Shell Vacations, LLC shall respond to Defendants Newton Group Transfers, LLC and The Newton Group ESA, LLC's Motion to Dismiss (DE #39 ) and Defendant DC Capital Law Firm, LLP's Motion to Dismiss (DE #36 ) by November 21, 2018. Signed by Judge Donald M. Middlebrooks on 11/14/2018. (kal)
November 9, 2018 Opinion or Order Filing 43 Unopposed MOTION for Extension of Time to file responses to [DE 39] and [DE 36] by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Attorney Stephanie Souraya Khouri added to party Shell Vacations, LLC(pty:pla), Attorney Stephanie Souraya Khouri added to party Wyndham Resort Development Corporation(pty:pla), Attorney Stephanie Souraya Khouri added to party Wyndham Vacation Ownership, Inc.(pty:pla), Attorney Stephanie Souraya Khouri added to party Wyndham Vacation Resorts, Inc.(pty:pla). Responses due by 11/23/2018 (Attachments: #1 Proposed Order)(Khouri, Stephanie)
November 5, 2018 Opinion or Order Filing 42 ORDER granting #37 Motion to Withdraw as Attorney. S. Jonathan Vine withdrawn from case. Signed by Judge Donald M. Middlebrooks on 11/2/2018. See attached document for full details. (ail)
November 2, 2018 Opinion or Order Filing 41 NOTICE of Attorney Appearance by Lawrence Allan Kellogg on behalf of 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. Attorney Lawrence Allan Kellogg added to party 1Planetmedia, Inc.(pty:dft), Attorney Lawrence Allan Kellogg added to party Pluto Marketing, Inc.(pty:dft), Attorney Lawrence Allan Kellogg added to party Henry Neil Portner(pty:dft), Attorney Lawrence Allan Kellogg added to party Robert Sussman(pty:dft), Attorney Lawrence Allan Kellogg added to party US CONSUMER ATTORNEYS, P.A.(pty:dft). (Kellogg, Lawrence)
November 1, 2018 Opinion or Order Filing 40 PAPERLESS ORDER granting #32 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ryan Clarkson; and granting #33 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ryan Clarkson. Signed by Judge Donald M. Middlebrooks on 11/1/2018. (kal)
October 31, 2018 Opinion or Order Filing 39 MOTION to Dismiss with Prejudice #1 Complaint,,, by Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 11/14/2018 (Lopez, Javier)
October 31, 2018 Opinion or Order Filing 38 MOTION Defendants Newton Group Transfers, LLC and Newton Group ESA, LLCs Motion for the Court to Take Judicial Notice of a California Court Order by Newton Group Transfers, LLC, The Newton Group, ESA LLC. (Attachments: #1 Exhibit 1)(Lopez, Javier)
October 31, 2018 Opinion or Order Filing 37 MOTION to Withdraw as Attorney by S. Jonathan Vine for / by Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 11/14/2018 (Vine, S.)
October 31, 2018 Opinion or Order Filing 36 MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM by DC Capital Law Firm, LLP. Responses due by 11/14/2018 (Vine, S.)
October 31, 2018 Opinion or Order Filing 35 Corporate Disclosure Statement by 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A. (Walters, Lawrence)
October 31, 2018 Opinion or Order Filing 34 ANSWER and Affirmative Defenses to Complaint with Jury Demand by 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. (Walters, Lawrence)
October 31, 2018 Opinion or Order Filing 33 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ryan Clarkson. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #29 Motion to Appear Pro Hac Vice, by Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 11/14/2018 (Attachments: #1 Text of Proposed Order)(Lopez, Javier)
October 31, 2018 Opinion or Order Filing 32 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Javier A. Lopez. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #30 Motion to Appear Pro Hac Vice, by Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 11/14/2018 (Attachments: #1 Text of Proposed Order)(Lopez, Javier)
October 31, 2018 Opinion or Order Filing 31 PAPERLESS ORDER denying #29 & #30 , Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ryan Clarkson (DE #29 ) and Jeffrey Wittenburg (DE #30 ). Pursuant to S.D Fla. Local Rule 4(b)(3), local counsel must consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. A sample motion can be found on the Court's website. Additionally, the Motions were improperly filed because they were not filed by local counsel. Signed by Judge Donald M. Middlebrooks on 10/31/2018. (kal)
October 30, 2018 Opinion or Order Filing 30 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey Wittenberg. Filing Fee $ 75.00 Receipt # 113C-11117926 by Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 11/13/2018 (Attachments: #1 Text of Proposed Order)(Robinson, Dwayne)
October 30, 2018 Opinion or Order Filing 29 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ryan Clarkson. Filing Fee $ 75.00 Receipt # 113C-11117880 by Newton Group Transfers, LLC, The Newton Group, ESA LLC. Responses due by 11/13/2018 (Attachments: #1 Text of Proposed Order)(Robinson, Dwayne)
October 29, 2018 Opinion or Order Filing 28 NOTICE of Attorney Appearance by Javier Asis Lopez on behalf of Newton Group Transfers, LLC, The Newton Group, ESA LLC. Attorney Javier Asis Lopez added to party Newton Group Transfers, LLC(pty:dft), Attorney Javier Asis Lopez added to party The Newton Group, ESA LLC(pty:dft). (Lopez, Javier)
October 29, 2018 Opinion or Order Filing 27 NOTICE of Attorney Appearance by Dwayne Antonio Robinson on behalf of Newton Group Transfers, LLC, The Newton Group, ESA LLC. Attorney Dwayne Antonio Robinson added to party Newton Group Transfers, LLC(pty:dft), Attorney Dwayne Antonio Robinson added to party The Newton Group, ESA LLC(pty:dft). (Robinson, Dwayne)
October 18, 2018 Opinion or Order Filing 26 PAPERLESS ORDER granting in part #25 Motion for Extension of Time. The deadline for Defendants The Newton Group Transfers, LLC and The Newton Group, ESA LLC's to respond to Plaintiff's Complaint is extended to October 31, 2018. No further extensions will be granted absent a compelling showing of good cause supported by specific facts. Signed by Judge Donald M. Middlebrooks on 10/18/2018. (kal)
October 17, 2018 Opinion or Order Filing 25 First MOTION for Extension of Time to respond to Plaintiffs' Complaint re #1 Complaint,,, by Newton Group Transfers, LLC, The Newton Group, ESA LLC. Attorney S. Jonathan Vine added to party Newton Group Transfers, LLC(pty:dft), Attorney S. Jonathan Vine added to party The Newton Group, ESA LLC(pty:dft). Responses due by 10/31/2018 (Vine, S.)
October 13, 2018 Opinion or Order Filing 24 NOTICE of Attorney Appearance by Sheena Danielle Smith on behalf of DC Capital Law Firm, LLP. Attorney Sheena Danielle Smith added to party DC Capital Law Firm, LLP(pty:dft). (Smith, Sheena)
October 12, 2018 Opinion or Order Filing 23 PAPERLESS ORDER striking as duplicative #20 Motion for Extension of Time. Signed by Judge Donald M. Middlebrooks on 10/12/2018. (kal)
October 12, 2018 Opinion or Order Filing 22 PAPERLESS ORDER granting #19 Motion for Extension of Time. The deadline for Defendant DC Capital Law Firm LLP to respond to the Complaint (DE #1 ) shall be extended to October 31, 2018. Signed by Judge Donald M. Middlebrooks on 10/12/2018. (kal)
October 12, 2018 Opinion or Order Filing 21 PAPERLESS ORDER granting in part #18 Motion for Extension of Time. The deadline for Defendants U.S. Consumer Attorneys, P.A., Henry Portner, Robert Sussman, Pluto Marketing Inc., and 1Planetmedia to respond to the Complaint (DE #1 ) shall be extended to October 31, 2018. Signed by Judge Donald M. Middlebrooks on 10/12/2018. (kal)
October 11, 2018 Opinion or Order Filing 20 Supplemental MOTION for Extension of Time to respond to Plaintiffs' Complaint re #1 Complaint,,, #19 First MOTION for Extension of Time to respond to Plaintiffs' Complaint re #1 Complaint,,, by DC Capital Law Firm, LLP. Responses due by 10/25/2018 (Vine, S.)
October 11, 2018 Opinion or Order Filing 19 First MOTION for Extension of Time to respond to Plaintiffs' Complaint re #1 Complaint,,, by DC Capital Law Firm, LLP. Attorney S. Jonathan Vine added to party DC Capital Law Firm, LLP(pty:dft). Responses due by 10/25/2018 (Vine, S.)
October 11, 2018 Opinion or Order Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, by 1Planetmedia, Inc., Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, US CONSUMER ATTORNEYS, P.A.. Attorney Lawrence G. Walters added to party 1Planetmedia, Inc.(pty:dft), Attorney Lawrence G. Walters added to party Pluto Marketing, Inc.(pty:dft), Attorney Lawrence G. Walters added to party Henry Neil Portner(pty:dft), Attorney Lawrence G. Walters added to party Robert Sussman(pty:dft), Attorney Lawrence G. Walters added to party US CONSUMER ATTORNEYS, P.A.(pty:dft). (Walters, Lawrence)
October 10, 2018 Opinion or Order Filing 17 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.. US CONSUMER ATTORNEYS, P.A. served on 10/4/2018, answer due 10/25/2018. (Rubin, Glennys)
October 10, 2018 Opinion or Order Filing 16 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.. Henry Neil Portner served on 10/4/2018, answer due 10/25/2018. (Rubin, Glennys)
October 5, 2018 Opinion or Order Filing 15 ORDER denying #14 Motion to Modify Trial Date. Signed by Judge Donald M. Middlebrooks on 10/5/2018. See attached document for full details. (kal)
October 5, 2018 Opinion or Order Filing 14 MOTION Requesting to Modify Trial Date for Good Cause Pursuant to This Court's ORder Referring Case and Setting Trial Date re #6 Order,, Set/Reset Hearings, by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Rubin, Glennys)
October 3, 2018 Opinion or Order 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.. Pluto Marketing, Inc. served on 9/20/2018, answer due 10/11/2018. (Rubin, Glennys)
October 3, 2018 Opinion or Order 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.. DC Capital Law Firm, LLP served on 9/20/2018, answer due 10/11/2018. (Rubin, Glennys)
October 3, 2018 Opinion or Order 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.. 1Planetmedia, Inc. served on 9/20/2018, answer due 10/11/2018. (Rubin, Glennys)
October 3, 2018 Opinion or Order 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.. Robert Sussman served on 9/30/2018, answer due 10/22/2018. (Rubin, Glennys)
October 3, 2018 Opinion or Order 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.. The Newton Group, ESA LLC served on 9/20/2018, answer due 10/11/2018. (Rubin, Glennys)
October 3, 2018 Opinion or Order 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.. Newton Group Transfers, LLC served on 9/20/2018, answer due 10/11/2018. (Rubin, Glennys)
September 28, 2018 Opinion or Order Filing 7 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION Signed by Magistrate Judge Dave Lee Brannon on 9/27/2018. See attached document for full details. (ail) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
September 25, 2018 Opinion or Order Filing 6 ORDER REFERRING CASE AND SETTING TRIAL - Calendar Call set for 6/19/2019 at 1:15 PM before Judge Donald M. Middlebrooks., Jury Trial set for 6/24/2019 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 9/25/2018. See attached document for full details. (ail)
September 17, 2018 Opinion or Order Filing 5 Summons Issued as to 1Planetmedia, Inc., DC Capital Law Firm, LLP, Newton Group Transfers, LLC, Pluto Marketing, Inc., Henry Neil Portner, Robert Sussman, The Newton Group, ESA LLC, US CONSUMER ATTORNEYS, P.A.. (vmz)
September 17, 2018 Opinion or Order Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (vmz)
September 17, 2018 Opinion or Order Filing 3 Clerks Notice to Filer re: Electronic Case. No AO 120 Form Submitted.. The Filer failed to Submit the AO 120 Form. The correction was made. It is not necessary to re-file this document. (vmz)
September 17, 2018 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. 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. (vmz)
September 14, 2018 Opinion or Order Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-10997769, 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 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Civil Cover Sheet, #18 Summon(s) USCA, #19 Summon(s) Portner, #20 Summon(s) Sussman, #21 Summon(s) Pluto, #22 Summon(s) 1 Planet, #23 Summon(s) Newton Group, #24 Summon(s) Newton ESA, #25 Summon(s) DC Capital)(Barsky, Daniel)

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Search for this case: Wyndham Vacation Ownership, Inc. et al v. US CONSUMER ATTORNEYS, P.A. et al
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Defendant: Robert Sussman
Represented By: Lawrence G. Walters
Represented By: Lawrence Allan Kellogg
Represented By: Matthew Fornaro
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Defendant: Henry Neil Portner
Represented By: Lawrence G. Walters
Represented By: Lawrence Allan Kellogg
Represented By: Brian Thomas Giles
Represented By: Matthew Fornaro
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Defendant: US CONSUMER ATTORNEYS, P.A.
Represented By: Lawrence G. Walters
Represented By: Lawrence Allan Kellogg
Represented By: Brian Thomas Giles
Represented By: Matthew Fornaro
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Defendant: Pluto Marketing, Inc.
Represented By: Lawrence G. Walters
Represented By: Lawrence Allan Kellogg
Represented By: Matthew Fornaro
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Defendant: Newton Group Transfers, LLC
Represented By: Javier Asis Lopez
Represented By: Dwayne Antonio Robinson
Represented By: S. Jonathan Vine
Represented By: Ryan Clarkson
Represented By: Jeffrey Wittenberg
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Defendant: 1Planetmedia, Inc.
Represented By: Lawrence G. Walters
Represented By: Lawrence Allan Kellogg
Represented By: Matthew Fornaro
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Defendant: John Does #1-50
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Defendant: DC Capital Law Firm, LLP
Represented By: S. Jonathan Vine
Represented By: Sheena Danielle Smith
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Defendant: The Newton Group, ESA LLC
Represented By: Javier Asis Lopez
Represented By: Dwayne Antonio Robinson
Represented By: S. Jonathan Vine
Represented By: Ryan Clarkson
Represented By: Jeffrey Wittenberg
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Defendant: Newton Group Exit, LLC
Represented By: Dwayne Antonio Robinson
Represented By: Javier Asis Lopez
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Plaintiff: Wyndham Vacation Ownership, Inc.
Represented By: Daniel Joseph Barsky
Represented By: Alfred Joseph Bennington, Jr.
Represented By: Glennys Ortega Rubin
Represented By: Stephanie Souraya Khouri
Represented By: Eric Christu
Represented By: Christian Michael Leger
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Plaintiff: Wyndham Vacation Resorts, Inc.
Represented By: Daniel Joseph Barsky
Represented By: Alfred Joseph Bennington, Jr.
Represented By: Glennys Ortega Rubin
Represented By: Stephanie Souraya Khouri
Represented By: Eric Christu
Represented By: Christian Michael Leger
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Plaintiff: Shell Vacations, LLC
Represented By: Daniel Joseph Barsky
Represented By: Alfred Joseph Bennington, Jr.
Represented By: Glennys Ortega Rubin
Represented By: Stephanie Souraya Khouri
Represented By: Eric Christu
Represented By: Christian Michael Leger
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Plaintiff: Wyndham Resort Development Corporation
Represented By: Daniel Joseph Barsky
Represented By: Alfred Joseph Bennington, Jr.
Represented By: Glennys Ortega Rubin
Represented By: Stephanie Souraya Khouri
Represented By: Eric Christu
Represented By: Christian Michael Leger
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Cross claimant: Interval Broker Direct, LLC
Represented By: Dwayne Antonio Robinson
Represented By: Javier Asis Lopez
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