Thompson et al v. Wyndham Resort Development Corporation
| Gerald Thompson and Cynthia Johnson |
| Wyndham Resort Development Corporation and WorldMark |
| 4:2021cv03305 |
| November 1, 2021 |
| US District Court for the District of Nebraska |
| Susan M Bazis |
| John M Gerrard |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 28
JUDGMENT - For the reasons stated in the accompanying memorandum and order, the plaintiffs' complaint is dismissed. Ordered by Judge John M. Gerrard. (LKO)
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Filing 27
MEMORANDUM AND ORDER - WRDC and WorldMark's motion to dismiss for lack of personal jurisdiction (filing #16 ) is granted. The Thompsons' complaint is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (LKO)
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| Filing 26 INDEX in support of Reply Brief #25 by Attorney Darren K. Sharp on behalf of Defendants WorldMark, Wyndham Resort Development Corporation. (Attachments: #1 Exhibit A - Declaration of Darren Sharp, #2 Exhibit A-1 - Wyndham Hotels & Resorts, Inc.s SEC Filings)(Sharp, Darren) |
| Filing 25 REPLY BRIEF in support of MOTION to Dismiss for Lack of Personal Jurisdiction over Defendants #16 by Attorney Darren K. Sharp on behalf of Defendants WorldMark, Wyndham Resort Development Corporation.(Sharp, Darren) |
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Filing 24
TEXT ORDER granting #23 Motion to Extend. The defendants may reply in support of their MOTION to Dismiss for Lack of Personal Jurisdiction over Defendants #16 on or before March 14, 2022. Ordered by Judge John M. Gerrard. (DCD)
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| Filing 23 UNOPPOSED MOTION to Extend Time to File Their Reply Brief in Support of Their Motion to Dismiss by Attorney Darren K. Sharp on behalf of Defendants WorldMark, Wyndham Resort Development Corporation.(Sharp, Darren) |
| Filing 22 INDEX in support of Brief #21 by Attorney George G. Vinton on behalf of Plaintiffs Cynthia Johnson, Gerald Thompson. (Attachments: #1 Exhibit Exhibit F - Declaration of Gerald Thompson, #2 Exhibit Exhibit G- Declaration of George G. Vinton)(Vinton, George) |
| Filing 21 BRIEF in opposition to MOTION to Dismiss for Lack of Personal Jurisdiction over Defendants #16 by Attorney George G. Vinton on behalf of Plaintiffs Cynthia Johnson, Gerald Thompson.(Vinton, George) |
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Filing 20
TEXT ORDER granting #19 MOTION for Extension of Time filed by Cynthia Johnson, Gerald Thompson. The plaintiffs may respond to the defendants' MOTION to Dismiss for Lack of Personal Jurisdiction over Defendants #16 on or before February 28, 2022. The defendants may reply in support of their motion on or before March 7, 2022. Ordered by Judge John M. Gerrard. (DCD)
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| Filing 19 MOTION for Extension of Time to File a Responsive Pleading by Attorney George G. Vinton on behalf of Plaintiffs Cynthia Johnson, Gerald Thompson.(Vinton, George) |
| Filing 18 INDEX in support of Brief #17 by Attorney Darren K. Sharp on behalf of Defendants WorldMark, Wyndham Resort Development Corporation. (Attachments: #1 Exhibit A - Declaration of Stacey Jagielski, #2 Exhibit B - Declaration of Richard Scinta, #3 Exhibit C - Declaration Theresa Orben, #4 Exhibit C1 - Contracts (redacted) and Nevada Public Offering Statement from December 7, 2017, #5 Exhibit C2 - Contracts (redacted) and Nevada Public Offering Statement from March 7, 2018, #6 Exhibit D - Declaration of Rick Davis, #7 Exhibit D1 - "WorldMark by Wyndham My Savings Membership Agreement)(Sharp, Darren) |
| Filing 17 BRIEF in support of MOTION to Dismiss for Lack of Personal Jurisdiction over Defendants #16 by Attorney Darren K. Sharp on behalf of Defendants WorldMark, Wyndham Resort Development Corporation.(Sharp, Darren) |
| Filing 16 MOTION to Dismiss for Lack of Personal Jurisdiction over Defendants by Attorney Darren K. Sharp on behalf of Defendants WorldMark, Wyndham Resort Development Corporation.(Sharp, Darren) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Darren K. Sharp on behalf of Defendant WorldMark.(Sharp, Darren) |
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Filing 14
TEXT ORDER granting #13 Motion for Extension of Time to File a Responsive Pleading. Defendants shall answer or otherwise respond to the Amended Complaint by January 21, 2022. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 13 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading to Amended Complaint by Attorney Darren K. Sharp on behalf of Defendants WorldMark, Wyndham Resort Development Corporation.(Sharp, Darren) |
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Filing 12
TEXT ORDER denying as moot #6 Motion to Dismiss. In light of #11 plaintiffs' amended complaint, the defendant's motion to dismiss #6 is denied as moot. Ordered by Judge John M. Gerrard. (DCD)
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| Filing 11 AMENDED COMPLAINT against Defendant Wyndham Resort Development Corporation, WorldMark, by Attorney George G. Vinton on behalf of Gerald Thompson, Cynthia Johnson(Vinton, George) |
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Filing 10
ORDER - The plaintiff's motion to extend (filing #9 ) is granted. On or before December 21, 2021, the plaintiffs may either respond to the defendant's motion to dismiss (filing #6 ) or file an amended complaint. Ordered by Judge John M. Gerrard. (LKO)
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| Filing 9 MOTION for Extension of Time to File a Responsive Pleading by Attorney George G. Vinton on behalf of Plaintiffs Cynthia Johnson, Gerald Thompson.(Vinton, George) |
| Filing 8 INDEX in support of Brief #7 Exhibits to Brief in Support of Motion to Dismiss by Attorney Darren K. Sharp on behalf of Defendant Wyndham Resort Development Corporation. (Attachments: #1 Exhibit A -Declaration of Stacey Jagielski, #2 Exhibit B- Declaration of Theresa Orben, #3 Exhibit B-1 - December 7, 2017 Contract, #4 Exhibit B-2 - March 7, 2018 Contract)(Sharp, Darren) |
| Filing 7 BRIEF in support of MOTION to Dismiss for Lack of Personal Jurisdiction over Defendant #6 by Attorney Darren K. Sharp on behalf of Defendant Wyndham Resort Development Corporation.(Sharp, Darren) |
| Filing 6 MOTION to Dismiss for Lack of Personal Jurisdiction over Defendant by Attorney Darren K. Sharp on behalf of Defendant Wyndham Resort Development Corporation.(Sharp, Darren) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Wyndham Vacation Ownership, Inc., Corporate Parent Wyndham Vacation Ownership, Inc., Corporate Parent Travel + Leisure Co., f.k.a. Wyndham Destinations, Inc., Corporate Parent Travel + Leisure Co., f.k.a. Wyndham Destinations, Inc. for. by Attorney Darren K. Sharp on behalf of Defendants Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Ownership, Inc., Travel + Leisure Co., f.k.a. Wyndham Destinations, Inc., Travel + Leisure Co., f.k.a. Wyndham Destinations, Inc..(Sharp, Darren) |
| Filing 4 NOTICE of Proof of Filing in State Court by Attorney Darren K. Sharp on behalf of Defendant Wyndham Resort Development Corporation (Attachments: #1 Exhibit A - Notice to State Court of Removal)(Sharp, Darren) |
| Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Wyndham Resort Development Corporation. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Judge John M. Gerrard and Magistrate Judge Susan M. Bazis assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) |
| Filing 1 NOTICE OF REMOVAL against Cynthia Johnson, Gerald Thompson from District Court of Lincoln County, Nebraska, Case number CI 21 628 ( Filing fee $ 402, receipt number ANEDC-4510608) with attached state court pleadings, by Attorney Darren K. Sharp on behalf of Wyndham Resort Development Corporation (Attachments: #1 Civil Cover Sheet, #2 Exhibit A- State Court File)(Sharp, Darren) |
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