Montgomery v. Wyndham Vacation Ownership, Inc., et al.
| M. Scott Montgomery |
| Wyndham Vacation Ownership, Inc., Wheeler Services, LLC and Shutts & Bowen LLP |
| 6:2019cv03135 |
| April 11, 2019 |
| US District Court for the Western District of Missouri |
| Lajuana M Counts |
| M Douglas Harpool |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 18, 2019. A more recent docket listing may be available from PACER.
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Filing 46
ORDER denying #13 motion to remand; denying #15 motion to stay; granting #27 motion to dismiss Wheeler Services, LLC; dismissing Wheeler Services, LLC. Signed on 6/18/2019 by District Judge M. Douglas Harpool. (Levin, Benjamin)
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| Filing 45 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Derrick A Pearce on behalf of Plaintiff M. Scott Montgomery.(Pearce, Derrick) |
| Filing 44 CERTIFICATE OF SERVICE by Shutts & Bowen LLP filed by Michael L Jente on behalf of Defendant Shutts & Bowen LLP.(Jente, Michael) |
| Filing 43 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Darren K. Sharp on behalf of Defendant Wyndham Vacation Ownership, Inc..(Sharp, Darren) |
| Filing 42 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Sean M. Sturdivan on behalf of Defendant Wheeler Services, LLC.(Sturdivan, Sean) |
| Filing 41 REPLY SUGGESTIONS to motion re #27 MOTION to dismiss party filed by Sean M. Sturdivan on behalf of Defendant Wheeler Services, LLC. (Related document(s) #27 ) (Sturdivan, Sean) |
| Filing 40 This document has been deleted as it was filed in the incorrect case. REPLY SUGGESTIONS to motion re #7 MOTION to dismiss party or in the Alternative to Transfer Venue filed by Michael L Jente on behalf of Defendant Shutts & Bowen LLP. (Related document(s) #7 ) (Jente, Michael) Modified on 6/13/2019 (Lock, Tania). |
| Filing 39 REPLY SUGGESTIONS to motion re #7 MOTION to dismiss party or in the Alternative to Transfer Venue filed by Michael L Jente on behalf of Defendant Shutts & Bowen LLP. (Related document(s) #7 ) (Jente, Michael) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 06/13/2019 as Document No. 40, Reply Suggestions to Motion. The document has been deleted as it was filed in the incorrect case. This is a text entry only - no document is attached. (Lock, Tania) |
| Filing 38 PROPOSED SCHEDULING ORDER by M. Scott Montgomery. (Pearce, Derrick) |
| Filing 37 NOTICE of appearance by Derrick A Pearce on behalf of M. Scott Montgomery (Attorney Derrick A Pearce added to party M. Scott Montgomery(pty:pla))(Pearce, Derrick) |
| Filing 36 SUGGESTIONS in opposition re #7 MOTION to dismiss party or in the Alternative to Transfer Venue filed by M. Scott Montgomery on behalf of Plaintiff M. Scott Montgomery. Reply suggestions due by 6/13/2019 unless otherwise directed by the court. (Related document(s) #7 ) (Montgomery, M.) |
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Filing 35
ORDER granting #31 motion for extension of time to file response/reply. Suggestions in opposition/response to Defendant's Motion to Dismiss due by 6/7/2019 unless otherwise directed by the court. Signed on 5/30/2019 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Levin, Benjamin)
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| Filing 34 SUGGESTIONS in opposition re #27 MOTION to dismiss party filed by M. Scott Montgomery on behalf of Plaintiff M. Scott Montgomery. Reply suggestions due by 6/13/2019 unless otherwise directed by the court. (Related document(s) #27 ) (Montgomery, M.) |
| Filing 33 SUGGESTIONS in opposition re #7 MOTION to dismiss party or in the Alternative to Transfer Venue filed by M. Scott Montgomery on behalf of Plaintiff M. Scott Montgomery. Reply suggestions due by 6/13/2019 unless otherwise directed by the court. (Related document(s) #7 ) (Montgomery, M.) |
| Filing 32 SUGGESTIONS in support re #31 MOTION for extension of time to file response/reply to Defendant Shutts & Bowen's Motion to Dismiss filed by M. Scott Montgomery on behalf of Plaintiff M. Scott Montgomery. (Related document(s) #31 ) (Montgomery, M.) |
| Filing 31 MOTION for extension of time to file response/reply to Defendant Shutts & Bowen's Motion to Dismiss filed by M. Scott Montgomery on behalf of M. Scott Montgomery. Suggestions in opposition/response due by 6/13/2019 unless otherwise directed by the court. (Montgomery, M.) |
| Filing 30 REPLY SUGGESTIONS to motion re #13 MOTION to remand filed by M. Scott Montgomery on behalf of Plaintiff M. Scott Montgomery. (Related document(s) #13 ) (Montgomery, M.) |
| Filing 29 REPLY SUGGESTIONS to motion re #15 MOTION to stay Defendant's Motion to Dismiss filed by M. Scott Montgomery on behalf of Plaintiff M. Scott Montgomery. (Related document(s) #15 ) (Montgomery, M.) |
| NOTICE OF HEARING CANCELLATION - The Scheduling Conference scheduled for 6/12/19 10:30 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Howard, Linda) |
| Filing 28 SUGGESTIONS in support re #27 MOTION to dismiss party filed by Sean M. Sturdivan on behalf of Defendant Wheeler Services, LLC. (Attachments: #1 Exhibit Exhibit A)(Related document(s) #27 ) (Sturdivan, Sean) |
| Filing 27 MOTION to dismiss party filed by Sean M. Sturdivan on behalf of Wheeler Services, LLC. Suggestions in opposition/response due by 5/31/2019 unless otherwise directed by the court. (Attorney Sean M. Sturdivan added to party Wheeler Services, LLC(pty:dft))(Sturdivan, Sean) |
| Filing 26 REPLY SUGGESTIONS to motion re #5 MOTION to dismiss case , or in the alternative, to transfer venue filed by Darren K. Sharp on behalf of Defendant Wyndham Vacation Ownership, Inc.. (Attachments: #1 Exhibit A-demand ltrs to WVO)(Related document(s) #5 ) (Sharp, Darren) |
| Filing 25 SUGGESTIONS in opposition re #13 MOTION to remand filed by Michael L Jente on behalf of Defendant Shutts & Bowen LLP. Reply suggestions due by 5/28/2019 unless otherwise directed by the court. (Related document(s) #13 ) (Jente, Michael) |
| Filing 24 SUGGESTIONS in opposition re #15 MOTION to stay Defendant's Motion to Dismiss filed by Michael L Jente on behalf of Defendant Shutts & Bowen LLP. Reply suggestions due by 5/28/2019 unless otherwise directed by the court. (Related document(s) #15 ) (Jente, Michael) |
| Filing 23 SUGGESTIONS in opposition re #15 MOTION to stay Defendant's Motion to Dismiss filed by Darren K. Sharp on behalf of Defendant Wyndham Vacation Ownership, Inc.. Reply suggestions due by 5/28/2019 unless otherwise directed by the court. (Related document(s) #15 ) (Sharp, Darren) |
| Filing 22 SUGGESTIONS in opposition re #13 MOTION to remand filed by Darren K. Sharp on behalf of Defendant Wyndham Vacation Ownership, Inc.. Reply suggestions due by 5/28/2019 unless otherwise directed by the court. (Related document(s) #13 ) (Sharp, Darren) |
| Filing 21 SUPPLEMENT to Suggestions in Opposition to Defendant's Motion to Dismiss or in the Alternative Transfer Venue. (Attachments: #1 Hemingway Answer and Counterclaim, #2 Motion to Dismiss Hemingway Counterclaim, #3 Suggestions in Support of Motion to Dismiss Hemingway's Counterclaim)(Related document(s) #5 ) (Montgomery, M.) |
| Filing 20 SUGGESTIONS in opposition re #5 MOTION to dismiss case , or in the alternative, to transfer venue filed by M. Scott Montgomery on behalf of Plaintiff M. Scott Montgomery. Reply suggestions due by 5/15/2019 unless otherwise directed by the court. (Related document(s) #5 ) (Montgomery, M.) |
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Filing 19
RULE 16 NOTICE. Proposed scheduling order due by 6/17/2019. Rule 26 conference due by 5/31/2019. Signed on 5/1/19 by District Judge M. Douglas Harpool. (View, Pat)
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Filing 18
ORDER TRANSFERRING CASE. Case reassigned to District Judge M. Douglas Harpool for all further proceedings. District Judge Brian C. Wimes no longer assigned to case. Please note the new case number is 6:19-cv-03135-MDH. Signed on 5/1/2019 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (Kern, Kendra)
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Filing 17
ORDERED, pursuant to L.R. 83.9(c)(4), this matter is transferred to District Judge Harpool for further proceedings. Signed on 5/1/19 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (Baldwin, Joella)
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| Filing 16 SUGGESTIONS in support re #15 MOTION to stay Defendant's Motion to Dismiss filed by M. Scott Montgomery on behalf of Plaintiff M. Scott Montgomery. (Related document(s) #15 ) (Montgomery, M.) |
| Filing 15 MOTION to stay Defendant's Motion to Dismiss filed by M. Scott Montgomery on behalf of M. Scott Montgomery. Suggestions in opposition/response due by 5/14/2019 unless otherwise directed by the court. (Montgomery, M.) |
| Filing 14 SUGGESTIONS in support re #13 MOTION to remand filed by M. Scott Montgomery on behalf of Plaintiff M. Scott Montgomery. (Related document(s) #13 ) (Montgomery, M.) |
| Filing 13 MOTION to remand filed by M. Scott Montgomery on behalf of M. Scott Montgomery. Suggestions in opposition/response due by 5/14/2019 unless otherwise directed by the court. (Montgomery, M.) |
| Filing 12 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Scheduling Conference set for 6/12/2019 10:30 AM in Courtroom 7D, Kansas City (BCW) before District Judge Brian C. Wimes. (Baldwin, Joella) |
| Filing 11 NOTICE OF REASSIGNMENT from Magistrate Judge Lajuana M. Counts to District Judge Brian C. Wimes. Please note the new case number: 19-3135-CV-S-BCW. (Melvin, Greg) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 4/26/19 as Document No. 11, Notice of filing Request for Assignment of Case to District Judge. The docket entry has been deleted. Notification of Magistrate Assignment form signed by the party should be emailed to the email address listed on the form (greg_melvin@mow.uscourts.gov). This is a text entry only - no document is attached. (Siegert, Karen) |
| Filing 10 NOTICE of appearance by Brian Nye on behalf of Wyndham Vacation Ownership, Inc. (Attorney Brian Nye added to party Wyndham Vacation Ownership, Inc. (pty:dft))(Nye, Brian) |
| Filing 9 DISCLOSURE OF CORPORATE INTERESTS filed by Darren K. Sharp on behalf of Defendant Wyndham Vacation Ownership, Inc..(Sharp, Darren) |
| Filing 8 SUGGESTIONS in support re #7 MOTION to dismiss party or in the Alternative to Transfer Venue filed by Michael L Jente on behalf of Defendant Shutts & Bowen LLP. (Related document(s) #7 ) (Jente, Michael) |
| Filing 7 MOTION to dismiss party or in the Alternative to Transfer Venue filed by Michael L Jente on behalf of Shutts & Bowen LLP. Suggestions in opposition/response due by 5/8/2019 unless otherwise directed by the court. (Jente, Michael) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
| Filing 6 SUGGESTIONS in support re #5 MOTION to dismiss case , or in the alternative, to transfer venue filed by Darren K. Sharp on behalf of Defendant Wyndham Vacation Ownership, Inc.. (Attachments: #1 Exhibit A - Montgomery Florida Complaint)(Related document(s) #5 ) (Sharp, Darren) |
| Filing 5 MOTION to dismiss case , or in the alternative, to transfer venue filed by Darren K. Sharp on behalf of Wyndham Vacation Ownership, Inc.. Suggestions in opposition/response due by 5/2/2019 unless otherwise directed by the court. (Sharp, Darren) |
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Filing 4
RULE 16 NOTICE. Proposed scheduling order due by 6/3/2019. Rule 26 conference due by 5/20/2019. Signed on April 16, 2019 by Magistrate Judge Lajuana M. Counts. (Clinton, Erica)
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| Filing 3 NOTICE of filing Proof of Filing in State Court regarding removal by Wyndham Vacation Ownership, Inc. (Attachments: #1 Exhibit Attachment A - Notice to State Court of Removal)(Sharp, Darren) |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Furtak, Rebecca) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Taney County, MO County, case number 1946-CC00039, filed by Darren K. Sharp on behalf of Wyndham Vacation Ownership, Inc.. Filing fee $ 400, receipt number AMOWDC-6266447. (Attachments: #1 Exhibit A-state court file, #2 Exhibit B-Carlos declaration, #3 Exhibit C-O'Malley declaration, #4 Exhibit D-Wheeler declaration, #5 Exhibit E-abuse of process/jury verdicts, #6 Exhibit F-Consents to removal of Shutts and Wheeler, #7 Civil Cover Sheet)(Sharp, Darren) |
| NOTICE OF MAGISTRATE ASSIGNMENT. This is a docket entry only. No document is attached. Magistrate Return due by 5/2/2019 unless otherwise directed by the court. Emailed to counsel for Plaintiff and Defendant. (Furtak, Rebecca) |
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