Markey v. Wyndham Vacation Ownership, Inc.
| Kelsey Markey |
| Wyndham Vacation Ownership, Inc. |
| 2:2020cv02517 |
| September 15, 2020 |
| US District Court for the Eastern District of Louisiana |
| Eldon E Fallon |
| Karen Wells Roby |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| None |
Docket Report
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This docket was last retrieved on January 3, 2022. A more recent docket listing may be available from PACER.
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Filing 58
ORDER: It is hereby ORDERED, that this action is dismissed with prejudice, each party to bear its own costs and attorney's fees. Signed by Judge Eldon E. Fallon on 1/3/2022.(cwa)
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Filing 57
EXPARTE/CONSENT Joint MOTION to Dismiss Case With Prejudice by Wyndham Vacation Ownership, Inc., Kelsey Markey. (Attachments: #1 Proposed Order)(Rains, Ellen) Modified text/filers on 1/3/2022 (cwa).
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Filing 56
ORDER DISMISSING CASE without costs and without prejudice. Signed by Judge Eldon E. Fallon on 12/7/21.(dno)
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Filing 55
IT IS ORDERED that the hearing set for December 8, 2021 is CANCELED as unnecessary. Signed by Judge Eldon E. Fallon on 12/7/21.(dno)
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Filing 54
RESPONSE/MEMORANDUM in Opposition filed by Kelsey Markey re #40 MOTION for Summary Judgment . (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Sworn Declaration of Kelsey Markey, #3 Exhibit A. Markey Initial Complaint of Sexual Harassment, #4 Exhibit B. Wyndham's EEOC Response, #5 Exhibit C. Termination and E-mails, #6 Exhibit D. Robert Allen Corrective Action, #7 Exhibit E. Investigative Memorandum, #8 Exhibit F. Jabbar Deposition Excerpts, #9 Exhibit G. Markey Deposition Excerpts, #10 Exhibit H. Defense Response to Plaintiff Interrogatory 4, #11 Exhibit I. P&N Expert Report (metadata), #12 Exhibit J. Markey's Sales Numbers (graph), #13 Exhibit K. Hilton depo excerpts)(Williams, Dale)
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Filing 53
MOTION in Limine to Exclude Testimony of Dr. William Colomb and Forensic Expert, Postlethwaite & Netterville by Wyndham Vacation Ownership, Inc. Motion(s) will be submitted on 12/15/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Notice of Submission)(Rains, Ellen) Modified text on 11/30/2021 (cwa).
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Filing 52
Minute Entry for proceedings held before Judge Eldon E. Fallon: A Telephone Status Conference was held on 11/29/2021. IT IS ORDERED that Plaintiff's #42 Motion for Expedited Hearing is GRANTED. IT IS FURTHER ORDERED that Plaintiff's #41 Motion to Enlarge Time to Respond to Defendant's Motions for Summary Judgment and to Permit Limited Additional Discovery is GRANTED in part. IT IS FURTHER ORDERED that oral argument on Defendant's #40 Motion for Summary Judgment is SET for Wednesday, December 8, 2021 at 10 a.m. C.S.T. in the courtroom of the Honorable Eldon E. Fallon. IT IS FURTHER ORDERED that the telephone status conference set for December 3, 2021 is CANCELED.(cwa)
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Filing 51
ORDER: IT IS ORDERED that a telephone status conference is SET for Monday, November 29, 2021 at 1:30 p.m. C.S.T. Signed by Judge Eldon E. Fallon on 11/24/2021.(cwa)
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Filing 50
REPLY to Response to Motion filed by Kelsey Markey re #41 MOTION for Extension of Time to File Response/Reply as to #40 MOTION for Summary Judgment, MOTION for Extension of Time to Complete Discovery. (Attachments: #1 Exhibit)(cwa)
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Filing 49
ORDER granting #46 Motion for Leave to File Reply Memorandum. Signed by Judge Eldon E. Fallon on 11/24/2021. (cwa)
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Filing 48
Correction of Docket Entry by Clerk re #47 Reply to Response to Motion. Document incorrectly filed as a separate entry. Document is correctly attached to rec doc #46 as proposed pleading. For future filings, the proposed pleading should only be filed as an attachment to the motion and not a separate entry. No further action necessary. (cwa)
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Filing 47
**FILED IN ERROR-SEE R. DOC. 46** REPLY to Response to Motion filed by Kelsey Markey re #46 MOTION for Leave to File Reply Brief to Defendant's Opposition Memorandum. (Attachments: #1 Exhibit 1 Michael Meeks Depo Excerpts)(Williams, Dale) Modified on 11/23/2021 (cwa).
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Filing 46
EXPARTE/CONSENT MOTION for Leave to File Reply Brief, R. Docs. 40, 41 by Kelsey Markey. (Attachments: #1 Proposed Order)(Williams, Dale) (Additional attachment(s) added on 11/23/2021: #2 Proposed Pleading, #3 Proposed Exhibit) (cwa). Modified text on 11/23/2021 (cwa).
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Filing 45
Correction of Docket Entry by Clerk re #43 Response/Memorandum in Opposition to Motion. Attachments have duplicate descriptions. For attachments, select either a category OR enter a description, selecting both will result in duplicate docket text. Clerk took corrective action. (cwa)
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Filing 44
Correction of Docket Entry by Clerk re #41 MOTION for Extension of Time to File Response/Reply as to #40 MOTION for Summary Judgment MOTION for Extension of Time to Complete Discovery. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action. (cwa)
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Filing 43
RESPONSE/MEMORANDUM in Opposition filed by All Defendants re #41 MOTION for Extension of Time to File Response/Reply as to #40 MOTION for Summary Judgment, MOTION for Extension of Time to Complete Discovery. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rains, Ellen) Modified text on 11/22/2021 (cwa).
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Filing 42
EXPARTE/CONSENT MOTION to Expedite R. Doc. 41 by Kelsey Markey. (Attachments: #1 Proposed Order)(Williams, Dale) Modified text on 11/22/2021 (cwa).
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Filing 41
MOTION for Extension of Time to File Response/Reply as to #40 MOTION for Summary Judgment, MOTION for Extension of Time to Complete Discovery by Kelsey Markey. Motion(s) will be submitted on 12/15/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 Investigation Notice, #3 Exhibit 2 Wyndham EEOC Submission, #4 Exhibit 3 Meeks Deposition Excerpts, #5 Exhibit 4 P&N Preliminary Forensic Report, #6 Exhibit 5 Markey Meeks Emails, #7 Statement of Opposition, #8 Notice of Submission, #9 Proposed Order)(Williams, Dale) Modified text/removed referral on 11/22/2021 (cwa).
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Filing 40
MOTION for Summary Judgment by Wyndham Vacation Ownership, Inc. Motion(s) will be submitted on 12/1/2021. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Notice of Submission)(Rains, Ellen) Modified text on 11/17/2021 (cwa).
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Filing 39
ORDER AND REASONS denying #30 Motion to Strike. Signed by Judge Eldon E. Fallon on 10/28/2021. (cwa)
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Filing 38
ORDER GRANTING #31 Motion for Attorney Fees as set forth in document. IT IS FURTHER ORDERED that Plaintiff and her counsel shall satisfy their obligationto the Defendant no later than twenty-one (21) days after the signing of this order. Signed by Magistrate Judge Karen Wells Roby on 10/21/2021. (jeg)
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Filing 37
Minute Entry for proceedings held before Judge Eldon E. Fallon: A Status Conference was held on 10/5/2021. The parties discussed the status of the case and procedural plans to move it forward.IT IS ORDERED that the parties participate in another telephone status conference on December 3, 2021 at 10:30 a.m. C.S.T. The parties are instructed to use the following information to participate and are expected to be on the line at least five minutes prior to the scheduled start time. (jeg)
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Filing 36
ORDER: IT IS ORDERED that the telephone status conference previously set for Thursday, October 7, 2021 at 8:30 a.m. C.S.T. is RESET for Tuesday, October 5, 2021 at 1:30 p.m. C.S.T. Signed by Judge Eldon E. Fallon on 10/1/2021.(cwa)
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Filing 35
REPLY to Response to Motion filed by Wyndham Vacation Ownership, Inc. re #30 MOTION to Strike #29 Witness and Exhibit List. (cwa)
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Filing 34
ORDER granting #33 Motion for Leave to File Reply Memorandum. Signed by Judge Eldon E. Fallon on 9/2/2021. (cwa)
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Filing 33
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Defendant's Motion to Strike Plaintiff's Witness and Exhibit List by Wyndham Vacation Ownership, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Rains, Ellen) Modified text on 9/7/2021 (cwa).
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Filing 32
RESPONSE/MEMORANDUM in Opposition filed by Kelsey Markey re #30 MOTION to Strike #29 Witness and Exhibit List. (Williams, Dale) Modified text on 8/23/2021 (cwa).
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Filing 31
MOTION for Attorney Fees by Wyndham Vacation Ownership, Inc. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 9/1/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Notice of Submission)(Rains, Ellen) Modified text on 8/19/2021 (cwa).
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Filing 30
MOTION to Strike #29 Witness and Exhibit List by Wyndham Vacation Ownership, Inc. Motion(s) will be submitted on 9/1/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Rains, Ellen) Modified text on 8/18/2021 (cwa).
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Filing 29
First Amended Witness and Exhibit List by Kelsey Markey. (Williams, Dale) Modified text on 8/3/2021 (cwa).
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Filing 28
SCHEDULING ORDER: Final Pretrial Conference reset for 12/22/2021 01:30 PM before Judge Eldon E. Fallon. Status Conference set for 10/7/2021 08:30 AM before Judge Eldon E. Fallon. Bench Trial reset for 1/5/2022 08:30 AM before Judge Eldon E. Fallon. All discovery must be completed by 11/22/2021. Signed by Judge Eldon E. Fallon on 8/2/21. (Attachments: #1 Pretrial Notice Form)(dno)
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Filing 27
Minute Entry for proceedings held before Judge Eldon E. Fallon: Telephone Status Conference held on 7/27/2021. The parties discussed the status of the case and procedural plans to move it forward. IT IS ORDERED that the pretrial conference and bench trial in this matter, currently set for September 10, 2021 at 10:00 AM and September 27, 2021, are CONTINUED to December 22, 2021 at 1:30 PM and January 5, 2022 at 8:30 AM, respectively. IT IS FURTHER ORDERED that the parties participate in another telephone status conference on Thursday, October 7, 2021 at 8:30 AM. (cwa)
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Filing 26
ORDER: IT IS HEREBY ORDERED that a status conference in the above referenced matter is set for Tuesday, July 27, 2021 at 1:30 P.M. Signed by Judge Eldon E. Fallon on 7/22/2021.(cwa)
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Filing 25
ORDER GRANTING as unopposed #22 Motion to Compel. IT IS FURTHER ORDERED that Plaintiff shall provide full and complete responses to discovery and execute the document release authorizations no later than fourteen (14) days from the signing of this order. IT IS FURTHER ORDERED that the Defendant shall file a motion to fix attorney's fees into the record by August 18, 2021, as set forth herein. Signed by Magistrate Judge Karen Wells Roby on 7/21/2021. (jeg)
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Filing 24
EXPARTE/CONSENT Joint MOTION For Status Conference To Request a New Trial Date and Pre-Trial Deadlines by Wyndham Vacation Ownership, Inc., Kelsey Markey. (Attachments: #1 Proposed Order)(Rains, Ellen) Modified text/filers on 7/21/2021 (cwa).
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Filing 23
Witness and Exhibit List by Wyndham Vacation Ownership, Inc. (Rains, Ellen) Modified text on 7/13/2021 (cwa).
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Filing 22
MOTION to Compel Discovery by Wyndham Vacation Ownership, Inc. Motion(s) referred to Karen Wells Roby. Motion(s) will be submitted on 7/21/2021. (Attachments: #1 Memorandum in Support, #2 Exh A, #3 Exh B, #4 Exh C, #5 Exh D, #6 Notice of Submission)(Rains, Ellen) Modified text on 7/6/2021 (cwa).
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Filing 21
CONSENT PROTECTIVE ORDER. Signed by Chief Magistrate Judge Karen Wells Roby on 5/3/2021.(jeg)
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Filing 20
EXPARTE/CONSENT Joint MOTION for Protective Order by Wyndham Vacation Ownership, Inc., Kelsey Markey. Motion(s) referred to Karen Wells Roby. (Attachments: #1 Proposed Order)(Rains, Ellen) Modified text/filers on 4/29/2021 (cwa).
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Filing 19
ORDER: IT IS ORDERED that the Court's #18 Rule to Show Cause be and hereby is DISMISSED. Signed by Judge Eldon E. Fallon on 3/19/2021.(cwa)
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Filing 18
Minute Entry for proceedings held before Judge Eldon E. Fallon: Telephone Status Conference held on 3/18/2021. Defendant discussed the status of the case and the potential for mediation. The Court noted that because this case is proceeding as a bench trial, the parties may offer depositions and experts reports in lieu of testimony, if applicable. Another status conference was not set at this time. IT IS ORDERED that Plaintiff's counsel SHOW CAUSE by letter within 10 days as to why he should not be held in contempt for failure to participate in this morning's telephone status conference.(cwa)
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Filing 17
ORDER GRANTING #16 Motion to Withdraw Jury Demand. Signed by Judge Eldon E. Fallon on 1/29/2021. (jeg)
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Filing 16
EXPARTE/CONSENT MOTION To Withdraw Jury Demand by Kelsey Markey. (Attachments: #1 Proposed Order)(Williams, Dale)
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Filing 15
Minute Entry for proceedings held before Judge Eldon E. Fallon: A Telephone Status Conference was held on 1/26/2021. The parties discussed the status of the case and procedural plans to move it forward. IT IS ORDERED that the parties participate in a telephone status conference on Thursday, March 18, 2021 at 8:30 AM. The parties are instructed to use the following information to participate and are expected to be on the line at least five minutes prior to the scheduled start time. Dial-In: (877) 336 1839 Access Code: 4227405 (jeg)
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Filing 14
ORDER: IT IS ORDERED that the early telephone status conference set for January 26, 2021 at 3:30 PM be rescheduled on that date at 2:00 PM. Parties shall use the following information to participate and are expected to be on the line at least five minutes prior to the scheduled start time. Dial-In: (877) 336 1839 Access Code: 4227405. Signed by Judge Eldon E. Fallon on 1/19/2021.(jeg)
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Filing 13
SCHEDULING ORDER: Final Pretrial Conference set for 9/10/2021 10:00 AM before Judge Eldon E. Fallon. Status Conference set for 1/26/2021 03:30 PM before Judge Eldon E. Fallon. Jury Trial set for 9/27/2021 08:30 AM before Judge Eldon E. Fallon. All discovery must be completed by 8/11/2021. Signed by Judge Eldon E. Fallon on 12/1/2020. (Attachments: #1 Pretrial Notice Form)(jeg)
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Filing 12
Statement of Corporate Disclosure by Wyndham Vacation Ownership, Inc. identifying Corporate Parent Wyndham Destinations, Inc. for Wyndham Vacation Ownership, Inc. (Rains, Ellen)
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Filing 11
Order Vacating Case Referral to Magistrate Judge. Signed by Judge Eldon E. Fallon on 11/18/2020.(jeg)
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Filing 10
NOTICE: Scheduling Conference set for 12/10/2020 10:30 AM before case manager by telephone. By Clerk.(ko)
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Filing 9
NOTICE OF 636(c) NON CONSENT ORDER TO PROCEED BEFORE A MAGISTRATE JUDGE: The undersigned Chief Magistrate Judge has been notified that all parties have not consented to proceed to trial before a Magistrate Judge pursuant to Title 28 U.S.C. 636(c). Signed by Chief Magistrate Judge Karen Wells Roby on November 4, 2020. (NEF: Sect. L)(mp)
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Filing 8
NOTICE: Scheduling Conference set for 12/1/2020 10:30 AM before case manager by telephone. By Clerk.(ko)
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Filing 7
NOTICE REGARDING LOCAL CIVIL RULE 73.2: In accordance with the provisions of 28 USC 636(c), you are hereby notified that the assigned U.S. Magistrate Judge is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before a U.S. Magistrate Judge is available on the Court's website. All signed consent forms or written notice of non-consent by any individual party should be emailed to the Magistrate Judge's chambers: efile-Roby@laed.uscourts.gov. If, within seven (7) days of this notice, consent or non-consent has not been established, the assigned Magistrate Judge will proceed with scheduling a Rule 16 Scheduling Conference. (mp)
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Filing 6
ANSWER to #1 Complaint, by Wyndham Vacation Ownership, Inc..Attorney Ellen Cornutt Rains added to party Wyndham Vacation Ownership, Inc.(pty:dft).(Rains, Ellen)
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Filing 5
ORDER granting #4 Motion for Extension of Time to Answer re #1 Complaint as to Wyndham Vacation Ownership, Inc. Responsive pleading due by 11/3/2020. Signed by Magistrate Judge Karen Wells Roby on October 2, 2020. (mp)
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Filing 4
EXPARTE/CONSENT MOTION for Extension of Time to Answer #1 Complaint by Wyndham Vacation Ownership, Inc.. Motion(s) referred to Karen Wells Roby. (Attachments: #1 Proposed Order)Attorney Monique Gougisha Doucette added to party Wyndham Vacation Ownership, Inc.(pty:dft).(Doucette, Monique) Modified text/linkage on 10/1/2020 (jeg).
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Filing 3
Summons Issued as to Wyndham Vacation Ownership, Inc. (lt)
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Filing 2
Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Karen Wells Roby. (ess)
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Filing 1
COMPLAINT with jury demand against Wyndham Vacation Ownership, Inc. (Filing fee $ 400 receipt number ALAEDC-8498232) filed by Kelsey Markey. (Attachments: #1 Civil Cover Sheet, #2 Summons)Attorney Dale Edward Williams added to party Kelsey Markey(pty:pla).(Williams, Dale)
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| Plaintiff: Kelsey Markey | |
| Represented By: | Dale Edward Williams |
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| Defendant: Wyndham Vacation Ownership, Inc. | |
| Represented By: | Ellen Cornutt Rains |
| Represented By: | Monique Gougisha Doucette |
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