Braegger et al v. Wyndham Vacation Resorts, Inc.
Plaintiff: Richard Braegger and Debra Braegger
Defendant: Wyndham Vacation Resorts, Inc.
Case Number: 2:2023cv01013
Filed: June 30, 2023
Court: US District Court for the District of Nevada
Presiding Judge: Richard F Boulware
Referring Judge: Elayna J Youchah
Nature of Suit: Fraud
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Fraud
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2023 Filing 17 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (AMMi)
September 27, 2023 Opinion or Order Filing 16 ORDER Granting #15 Stipulated Discovery Plan. Discovery due by 3/18/2024. Motions due by 4/17/2024. Proposed Joint Pretrial Order due by 5/17/2024. Signed by Magistrate Judge Elayna J. Youchah on 9/27/2023. (Copies have been distributed pursuant to the NEF - AMMi)
September 27, 2023 Filing 15 Stipulated Discovery Plan and Scheduling Order by Plaintiffs Debra Braegger, Richard Braegger.. (Schimming, Chantel)
September 21, 2023 Filing 14 NOTICE of Corrected Image/Document re #13 Notice (Other) by Plaintiffs Debra Braegger, Richard Braegger. (Service of corrected image is attached.). (Schimming, Chantel)
September 21, 2023 Filing 13 See #14 Notice of Corrected Image. NOTICE of Association of Counsel by Debra Braegger, Richard Braegger. (Schimming, Chantel) Modified on 9/21/2023 (HAM).
September 18, 2023 Filing 12 ANSWER re #1 Petition for Removal,, to Complaint filed by Wyndham Vacation Resorts, Inc.. Certificate of Interested Parties due by 9/28/2023. Discovery Plan/Scheduling Order due by 11/2/2023.(DiFillippo, Tracy) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
September 12, 2023 Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 9/12/2023. By Law Clerk: C. Denbow It has come to the attention of the Court that the parties have failed to file a proposed discovery plan and scheduling order in accordance with United States District Court for the District of Nevada Local Rule 26-1.Accordingly, IT IS HEREBY ORDERED that the parties shall file a joint proposed discovery plan and scheduling order within 14 days of the date of this Order.(no image attached) (Copies have been distributed pursuant to the NEF - CMD)
August 14, 2023 Filing 10 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 8/14/2023. By Judicial Assistant: E. Santiago.Before the Court is Defendant's Motion to Withdraw as Counsel and Request for Removal from Service List. ECF No. #9 . Counsel for Defendant states that attorney Michelle D. Alarie "will no longer be associated or affiliated with the law firm Armstrong Teasdale LLP" as of August 15, 2023. Defendant will continue to be represented by Armstrong Teasdale LLP. Thus, Defendant's Motion is not to withdraw, but to remove Ms. Alarie from the electronic service system as she will no longer be working for the law firm Armstrong Teasdale LLP.Accordingly, IT IS HEREBY ORDERED that Defendant's Motion to Withdraw as Counsel and Request for Removal from Service List (ECF No. #9 ) is GRANTED. The Clerk of Court must remove Michelle D. Alarie's name from CM/ECF and the docket so that she no longer receives electronic service of materials filed in this case. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
August 11, 2023 Filing 9 MOTION to Withdraw as Attorney by Michelle D. Alarie for Defendant Wyndham Vacation Resorts, Inc.. Responses due by 8/25/2023. (Alarie, Michelle)
August 10, 2023 Filing 8 NOTICE of Appearance by attorney Tracy DiFillippo on behalf of Defendant Wyndham Vacation Resorts, Inc.. (DiFillippo, Tracy)
August 3, 2023 Filing 7 Joint STATUS REPORT Regarding Removal Pursuant to Minutes of the Court Dated July 5, 2023 (ECF No. 4) by Defendant Wyndham Vacation Resorts, Inc... (Alarie, Michelle)
July 10, 2023 Filing 6 STATEMENT REGARDING REMOVAL by Defendant Wyndham Vacation Resorts, Inc... (Alarie, Michelle)
July 6, 2023 Filing 5 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DRS)
July 5, 2023 Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 7/5/2023. By Deputy Clerk: A.Miller. Statement regarding removed action is due by 7/20/2023. Joint Status Report regarding removed action is due by 8/4/2023. (Copies have been distributed pursuant to the NEF - AMMi)
June 30, 2023 Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Elayna J. Youchah. (AMMi)
June 30, 2023 Filing 3 MOTION for Demand for Security of Costs from Plaintiffs Pursuant to N.R.S. 18.130(1) and Filed Pursuant to Local Rule 81-1 by Defendant Wyndham Vacation Resorts, Inc.. Responses due by 7/14/2023. (Alarie, Michelle)
June 30, 2023 Filing 2 CERTIFICATE of Interested Parties by Wyndham Vacation Resorts, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Wyndham Vacation Ownership, Inc., Corporate Parent Travel + Leisure Co. f/k/a Wyndham Destinations, Inc., Other Affiliate The Vanguard Group, Inc., Other Affiliate BlackRock Fund Advisors for added. (Alarie, Michelle)
June 30, 2023 Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Nevada, Case Number A-23-870588-C, (Filing fee $ 402 receipt number ANVDC-7348173) by Wyndham Vacation Resorts, Inc.. Certificate of Interested Parties due by 7/10/2023. (Attachments: #1 Exhibit A - Court Pleadings, #2 Exhibit B Declaration of Theresa A. Orben, #3 Exhibit 1 Contact 0140, #4 Civil Cover Sheet Civil Cover Sheet) (Alarie, Michelle) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.

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Plaintiff: Richard Braegger
Represented By: Joseph Ortuno
Represented By: Chantel Marie Schimming
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Plaintiff: Debra Braegger
Represented By: Joseph Ortuno
Represented By: Chantel Marie Schimming
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Defendant: Wyndham Vacation Resorts, Inc.
Represented By: Michelle D Alarie
Represented By: Tracy DiFillippo
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