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 and The Newton Group, ESA 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
Nature of Suit: Trademark
Cause of Action: 15:44
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2018 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 S. Jonathan Vine withdrawn from case.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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (vmz)
September 17, 2018 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 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 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
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Defendant: Henry Neil Portner
Represented By: Lawrence G. Walters
Represented By: Lawrence Allan Kellogg
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Defendant: US CONSUMER ATTORNEYS, P.A.
Represented By: Lawrence G. Walters
Represented By: Lawrence Allan Kellogg
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Defendant: Pluto Marketing, Inc.
Represented By: Lawrence G. Walters
Represented By: Lawrence Allan Kellogg
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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
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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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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
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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
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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
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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
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