Willis et al v. Wyndham Grand Rio Mar Beach Resort & Spa et al
| Misti Lynn Willis, A Willis, B Willis, C Willis, Holly M Willis, The Estate of Jeremy Shea Willis and Holly M. Willis |
| Rio Mar Resort - MTG Company, LLC, Rio Mar Beach Resort - WHG Hotel Property, LLC, WHM Carib, LLC, Margaritaville Vacation Club by Wyndham, Inc., Liberty Mutual Fire Insurance Co., Chubb Insurance Company, ACE Insurance Company, Airbnb, Inc., Wyndham Grand Rio Mar Beach Resort & Spa, Wyndham Worldwide Corporation, Rio Mar Resort - WHG Hotel Property, LLC, Starr Indemnity & Liability Insurance Company, Star Insurance Holdings, Inc., Travel + Leisure Co., Resortshare, ACE Property and Casualty Insurance Company and W Corp. |
| 3:2021cv01515 |
| October 22, 2021 |
| US District Court for the District of Puerto Rico |
| Francisco A Besosa |
| Marcos E Lopez |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
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Filing 174
ORDER re #172 Motion to Restrict: GRANTED. Signed by Senior Judge Francisco A. Besosa on 10/05/2023. (brc)
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Filing 173
**CASE PARTICIPANTS**ORDER re #171 Motion Requesting Order. Signed by Senior Judge Francisco A. Besosa on 10/05/2023. (brc)
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Filing 172
MOTION to Restrict Document at ECF 171 Judicial Authorization Request filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 10/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Aspinall, Julian)
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Filing 171
***SELECTED PARTIES*** MOTION requesting Order for Judicial Authorization of Approval of Settlement Agreement regarding Minors filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 10/18/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Confidential Settlement Agreement)(Rivera-Aspinall, Julian)
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Filing 170
JUDGMENT dismissing this case with prejudice. Signed by Senior Judge Francisco A. Besosa on 09/13/2023. (brc)
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Filing 169
ORDER re #113 Motion for Summary Judgment, #115 Motion for Summary Judgment, #118 Motion for Summary Judgment, and #161 REPORT AND RECOMMENDATION re #118 Motion for Summary Judgment, re #162 REPORT AND RECOMMENDATION re #115 Motion for Summary Judgment, and #163 REPORT AND RECOMMENDATION re #113 Motion for Summary Judgment are MOOT. The 164 Order, 165 Order, and 166 Order are VACATED. Signed by Senior Judge Francisco A. Besosa on 09/13/2023. (brc)
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Filing 168
ORDER re #167 Settlement Conference: NOTED. This case is DISMISSED with prejudice. Judgment shall be entered accordingly. Signed by Senior Judge Francisco A. Besosa on 09/13/2023. (brc)
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Filing 167
***SELECTED PARTIES***Minutes of Settlement Conference held on 9/11/2023. (jhi)
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Filing 166
***VACATED AS PER D.E. #169 ORDER*** ORDER re #163 Report and Recommendation re #113 Motion for Summary Judgment. Any objection to this Report & Recommendation shall be filed no later than September 25, 2023. Signed by Senior Judge Francisco A. Besosa on 09/11/2023. (brc) Modified on 9/14/2023 (ab).
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Filing 165
***VACATED AS PER D.E. #169 ORDER*** ORDER re #162 Report and Recommendation re #115 Motion Summary Judgment. Any objection to this Report & Recommendation shall be filed no later than September 25, 2023. Signed by Senior Judge Francisco A. Besosa on 09/11/2023. (brc) Modified on 9/14/2023 (ab).
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Filing 164
***VACATED AS PER D.E. #169 ORDER*** ORDER re #161 REPORT AND RECOMMENDATION re #118 Motion for Summary Judgment. Any objection to this Report & Recommendation shall be filed no later than September 25, 2023. Signed by Senior Judge Francisco A. Besosa on 09/11/2023. (brc) Modified on 9/14/2023 (ab).
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Filing 163
REPORT & RECOMMENDATION regarding #113 MOTION for Summary Judgment by Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC. Objections to R&R due by 9/25/2023. Signed by US Magistrate Judge Marcos E. Lopez on 09/11/2023. (CG)
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Filing 162
REPORT AND RECOMMENDATION regarding #115 MOTION for Summary Judgment by Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co. Objections to R&R due by 9/25/2023. Signed by US Magistrate Judge Marcos E. Lopez on 09/11/2023. (BB)
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Filing 161
REPORT AND RECOMMENDATION regarding #118 MOTION for Partial Summary Judgment by Plaintiffs. Objections to R&R due by 9/25/2023. Signed by US Magistrate Judge Marcos E. Lopez on 09/11/2023. (BB)
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Filing 160
OPINION & ORDER regarding #123 Motion to Strike. Signed by US Magistrate Judge Marcos E. Lopez on 09/11/2023. (BB)
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Filing 159
ORDER regarding #126 Opposing Statement of Material Facts by Plaintiff: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 09/11/2023. (BB)
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Filing 158
ORDER regarding #120 Motion for Joinder by Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC: The request to join is granted. Signed by US Magistrate Judge Marcos E. Lopez on 09/11/2023. (BB)
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Filing 157
ORDER regarding #117 MOTION for Joinder by Ace Property & Casualty Insurance Company: The request to join is granted. Signed by US Magistrate Judge Marcos E. Lopez on 9/11/2023. (BB)
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Filing 156
ORDER regarding #116 Motion for Joinder by Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, and Travel + Leisure Co.: The request to join is granted. Signed by US Magistrate Judge Marcos E. Lopez on 09/11/2023. (CG)
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Filing 155
ORDER regarding #152 Motion Submitting Certified Translations: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 09/11/2023. (CG)
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Filing 154
ORDER regarding #148 Motion for Miscellaneous Relief. Denied in view that the conference will be held in person. However, if counsel for Carib, LLC needs at some point to confer with the corporate representative, an opportunity will be given to do so. Said corporate representative shall remain readily available on call for immediate consultation during the settlement conference. Signed by US Magistrate Judge Marcos E. Lopez on 9/11/2023. (mcc)
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Filing 153
ORDER regarding #151 Motion requesting Order. Noted. The settlement conference remains scheduled to be held today, but it will begin at 3:00 pm in Courtroom 4. The courtroom shall be sealed during the presentation and the presentation will not be recorded, as this is a settlement conference, not a hearing. Minutes of the settlement conference, however, will be filed as usual. Signed by US Magistrate Judge Marcos E. Lopez on 9/11/2023. (mcc)
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Filing 152
MOTION Submitting Certified Translations in Compliance with Court Order re: 147 Order,, filed by Francisco E. Colon-Ramirez on behalf of Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co. Responses due by 9/25/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Certified translation of document at 115-6., #2 Exhibit Certified translation of document at 115-7.)(Related document(s) 147 ) (Colon-Ramirez, Francisco)
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Filing 151
MOTION requesting Order Regarding Use of Courtroom and Audiovisual Equipment filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 9/21/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Aspinall, Julian)
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Filing 150
ORDER re #149 Motion to Set Aside: GRANTED. The filing of the proposed pretrial order is set aside until further court order. Signed by Senior Judge Francisco A. Besosa on 09/07/2023. (brc)
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Filing 149
Joint MOTION to Set Aside Deadline for Filing Proposed Pretrial Order given Pretrial and Trial Were Set Aside on Account of Pending Dispositive Motions filed by Francisco E. Colon-Ramirez on behalf of Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co., All Plaintiffs. Responses due by 9/21/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Colon-Ramirez, Francisco) Modified on 9/7/2023 to add filers (ab).
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Filing 148
MOTION Requesting Order Related to Settlement Conference filed by Luis G. Martinez-Llorens on behalf of Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC Responses due by 9/21/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis) Modified on 9/7/2023 to correct title and event (ab).
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Filing 147
ORDER: Within fourteen (14) days, Margaritaville Vacation Club by Wyndham, Inc., Travel + Leisure Co., and Starr Indemnity & Liability Insurance Company, Inc. shall file a certified English translation of Exhibits E (ECF No. 115-6) and F (ECF No. 115-7) which were submitted in support of their motion for summary judgment (ECF No. 115). Also within fourteen (14) days, Plaintiffs shall submit a certified English translation of Exhibit D (ECF No. 124-5) filed in support of its opposition to the motion for summary judgment filed by Margaritaville Vacation Club by Wyndham, Inc., Travel + Leisure Co., and Starr Indemnity & Liability Insurance Company, Inc. Signed by US Magistrate Judge Marcos E. Lopez on 9/6/2023. (BB)
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Filing 146
ORDER: The Pretrial Conference scheduled for October 9, 2023 (which in any event is a Holiday), and the Jury Trial scheduled for October 16, 2023 are SET ASIDE pending the resolution of all pending motions, including the Motions for Summary Judgment. Signed by Senior Judge Francisco A. Besosa on 9/5/2023. (mig)
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Filing 145
ORDER regarding #144 Motion In Compliance: Noted. Signed by US Magistrate Judge Marcos E. Lopez on 8/15/2023. (BB)
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Filing 144
Motion In Compliance With Order at ECF 143 Submitting Deposition Exhibits Misti Lynn Willis 1-39 filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 8/28/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Misti Lynn Willis Deposition Exhibits 1 - 39)(Rivera-Aspinall, Julian)
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Filing 143
ORDER: In Plaintiffs' Opposing Statement of Material Facts in Opposition to the Motion for Summary Judgment filed by Defendants WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property LLC, and Rio Mar Resort - MTG Company LLC (ECF No. 113), Plaintiffs submit the deposition transcript of Mrs. Misti Lynn Willis (filed at ECF No. 126-2). However, the transcript does not include the exhibits cited to in the deposition transcript. By Tuesday, August 15, 2023, Plaintiffs shall file a motion tendering all the exhibits to the deposition transcript of Mrs. Misti Lynn Willis. The exhibits must be labeled with the exact numbers and letters as they are referenced in the deposition transcript (e.g. Exhibit 8A, Exhibit 9E, etc.). Signed by US Magistrate Judge Marcos E. Lopez on 8/11/2023. (BB)
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Filing 142
ORDER regarding #141 Motion to Continue. Granted. The settlement conference is reset for September 11, 2023 at 1:15 pm. Signed by US Magistrate Judge Marcos E. Lopez on 7/27/2023. (mcc)
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Filing 141
Joint MOTION to Continue Settlement Conference filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs, WHM Carib, LLC, Rio Mar Resort WHG Hotel Property LLC, Rio Mar Resort MTG Company LLC, Ace Property and Casualty Insurance Company. Responses due by 8/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Aspinall, Julian) Modified on 7/28/2023 to add filers (ab).
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Filing 140
ORDER granting #136 Motion for Leave to File Excess Pages. Signed by US Magistrate Judge Marcos E. Lopez on 7/17/2023. (jhi)
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Filing 139
ORDER regarding #138 Motion to Continue: Granted in part and denied in part. The suggested dates are not viable. The settlement conference is reset for September 6, 2023 at 9:00 am in MEL's Chambers before US Magistrate Judge Marcos E. Lopez. Signed by US Magistrate Judge Marcos E. Lopez on 7/17/2023. (jhi)
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Filing 138
MOTION to Continue (Joint Motion Requesting Rescheduling of Settlement Conference) filed by Luis G. Martinez-Llorens on behalf of ACE Property and Casualty Insurance Company, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, Travel + Leisure Co., WHM Carib, LLC Responses due by 7/28/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis)
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Filing 137
REPLY to Motion (Reply to Plaintiffs' Oppositions to Dispositive Motions and Statement of Uncontested Facts) filed by Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC Re: #113 MOTION for Summary Judgment (Dispositive Motions - In Limine and for Summary Judgment) filed by ACE Insurance Company, WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC, Rio Mar Resort - MTG Company, LLC filed by Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC. (Attachments: #1 Exhibit 1)(Martinez-Llorens, Luis)
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Filing 136
MOTION for Leave to File Excess Pages (by two pages) filed by Francisco E. Colon-Ramirez on behalf of Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co. Responses due by 7/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Colon-Ramirez, Francisco)
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Filing 135
REPLY to Motion in Opposition to Motion for Summary Judgment filed by Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co. Re: #115 MOTION for Summary Judgment filed by Margaritaville Vacation Club by Wyndham, Inc., Travel + Leisure Co., Starr Indemnity & Liability Insurance Company filed by Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co.. (Attachments: #1 Supplement Reply Statement of Material Facts)(Colon-Ramirez, Francisco)
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Filing 134
ORDER regarding #132 Motion requesting Order: Noted. The proposed dates for the settlement conference are not viable because they conflict with a jury trial over which the undersigned presides. The settlement conference is set for August 9, 2023 at 3:00 pm. in MEL's Chambers before US Magistrate Judge Marcos E. Lopez. Signed by US Magistrate Judge Marcos E. Lopez on 7/10/2023. (jhi)
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Filing 133
ORDER REFERRING #132 Joint Motion Requesting Order for a Settlement Conference to Magistrate Judge Marcos Lopez to hold as many conferences necessary to attempt to reach a settlement. Signed by Senior Judge Francisco A. Besosa on 07/07/2023. (brc)
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Filing 132
Joint MOTION requesting Order For A Settlement Conference filed by Julian R. Rivera-Aspinall on behalf of All Parties. Responses due by 7/21/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Aspinall, Julian) Modified on 7/10/2023 to edit filers (ab).
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Filing 131
ORDER re: #129 MOTION for Leave to File Document Reply to Opposition to Motion for Summary Judgment. Granted. Reply due on July 14, 2023. No extensions will be granted. Signed by US Magistrate Judge Marcos E. Lopez on 7/07/2023. (mcc)
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Filing 130
RESPONSE to Motion (Opposition to Motion to Strike) filed by Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co. Re: #123 MOTION to Strike Exhibit L and O, Defendants Summary Judgment at EFC 115 filed by B Willis, Holly M. Willis, Misti Lynn Willis, The Estate of Jeremy Shea Willis, C Willis, A Willis filed by Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co.. (Colon-Ramirez, Francisco)
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Filing 129
MOTION for Leave to File Document Reply to Opposition to Motion for Summary Judgment, MOTION for Extension of Time until July 14, 2023 to file Reply to Opposition to Motion for Summary Judgment filed by Francisco E. Colon-Ramirez on behalf of Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co. Responses due by 7/21/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Colon-Ramirez, Francisco)
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Filing 128
ORDER granting #127 Motion for Leave to File Reply. Reply due on July 14, 2023. No additional extensions will be granted. Signed by US Magistrate Judge Marcos E. Lopez on 7/5/23. (Lopez, Marcos)
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Filing 127
MOTION for Leave to File Document (Motion Requesting Leave and Extension to File Reply to Opposition to Summary Judgment), MOTION for Extension of Time until July 14, 2023 to File Response/Reply filed by Luis G. Martinez-Llorens on behalf of Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC Responses due by 7/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis)
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Filing 126
Opposing Statement of Material Facts to ECF #113 Motion for Summary Judgment, #114 Statement filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (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 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Rivera-Aspinall, Julian) Modified on 7/5/2023 to edit docket text and create relationship to document #114(ab).
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Filing 125
MEMORANDUM in Opposition filed by All Plaintiffs Re: #113 MOTION for Summary Judgment (Dispositive Motions - In Limine and for Summary Judgment) filed by ACE Insurance Company, WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC, Rio Mar Resort - MTG Company, LLC, #114 Statement,, filed by WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC, Rio Mar Resort - MTG Company, LLC filed by All Plaintiffs. (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)(Rivera-Aspinall, Julian)
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Filing 124
REPLY to Motion For Summary Judgment (Opposition to Summary Judgment) ECF 115 filed by All Plaintiffs Re: #123 MOTION to Strike Exhibit L and O, Defendants Summary Judgment at EFC 115 filed by B Willis, Holly M. Willis, Misti Lynn Willis, The Estate of Jeremy Shea Willis, C Willis, A Willis, #115 MOTION for Summary Judgment filed by Margaritaville Vacation Club by Wyndham, Inc., Travel + Leisure Co., Starr Indemnity & Liability Insurance Company filed by All Plaintiffs. (Attachments: #1 Supplement Statement in Opposition Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F Depo Mrs. Willis, #8 Exhibit G CPA Iglesias, #9 Exhibit H, #10 Exhibit I)(Rivera-Aspinall, Julian)
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Filing 123
MOTION to Strike Exhibit L and O, Defendants Summary Judgment at EFC 115 filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 7/14/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Aspinall, Julian)
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Filing 122
RESPONSE to Motion (Response to Plaintiff's Statement of Uncontested Facts docket 118-1) filed by Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC Re: #118 MOTION for Summary Judgment (Partial) filed by B Willis, Holly M. Willis, Misti Lynn Willis, The Estate of Jeremy Shea Willis, C Willis, A Willis filed by Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC. (Martinez-Llorens, Luis)
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Filing 121
RESPONSE to Motion (Opposition to Plaintiff's Motion for Partial Summary Judgment) filed by Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC Re: #118 MOTION for Summary Judgment (Partial) filed by B Willis, Holly M. Willis, Misti Lynn Willis, The Estate of Jeremy Shea Willis, C Willis, A Willis filed by Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC. (Martinez-Llorens, Luis)
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Filing 120
MOTION for Joinder Re: #115 MOTION for Summary Judgment filed by Margaritaville Vacation Club by Wyndham, Inc., Travel + Leisure Co., Starr Indemnity & Liability Insurance Company filed by Luis G. Martinez-Llorens on behalf of Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC Responses due by 7/5/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #115 ) (Martinez-Llorens, Luis)
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Filing 119
MEMORANDUM in Opposition filed by Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co. Re: #118 MOTION for Summary Judgment (Partial) filed by B Willis, Holly M. Willis, Misti Lynn Willis, The Estate of Jeremy Shea Willis, C Willis, A Willis filed by Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co.. (Attachments: #1 Supplement Opposing Statement of Material Facts, #2 Exhibit Ex A to Opposing Statement of Material Facts)(Colon-Ramirez, Francisco)
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Filing 118
MOTION for Summary Judgment (Partial) filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Suggestions in Opposition to Summary Judgment due by 6/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Supplement, #2 Exhibit A Photographs, #3 Exhibit B Flyers, #4 Exhibit C Statement Of Mrs. Willis, #5 Exhibit D Airbnb Email Confirmation, #6 Exhibit E Photograph of Mr. Willis, #7 Exhibit F Answer to Interrogatory, #8 Exhibit G Hotel Management Agreement)(Rivera-Aspinall, Julian)
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Filing 117
MOTION for Joinder as to codefendants' omnibus dispositive motions Re: #114 Statement,, filed by WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC, Rio Mar Resort - MTG Company, LLC, #113 MOTION for Summary Judgment (Dispositive Motions - In Limine and for Summary Judgment) filed by ACE Insurance Company, WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC, Rio Mar Resort - MTG Company, LLC, #115 MOTION for Summary Judgment filed by Margaritaville Vacation Club by Wyndham, Inc., Travel + Leisure Co., Starr Indemnity & Liability Insurance Company filed by Nelson N. Cordova-Morales on behalf of ACE Property and Casualty Insurance Company Responses due by 6/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #114 , #113 , #115 ) (Cordova-Morales, Nelson)
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Filing 116
MOTION for Joinder filed by Francisco E. Colon-Ramirez on behalf of Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co. Responses due by 6/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Colon-Ramirez, Francisco)
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Filing 115
MOTION for Summary Judgment filed by Francisco E. Colon-Ramirez on behalf of Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co. Suggestions in Opposition to Summary Judgment due by 6/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Supplement Supporting Statement of Material Facts (SSMF), #2 Exhibit Ex A to SSMF, #3 Exhibit Ex B to SSMF, #4 Exhibit Ex C to SSMF, #5 Exhibit Ex D to SSMF, #6 Exhibit Ex E to SSMF, #7 Exhibit Ex F to SSMF, #8 Exhibit Ex A to Ex F to SSMF, #9 Exhibit Ex G to SSMF, #10 Exhibit Ex H to SSMF, #11 Exhibit Ex I t SSMF, #12 Exhibit Ex J to SSMF, #13 Exhibit Ex K to SSMF, #14 Exhibit Ex L to SSMF, #15 Exhibit Ex M to SSMF, #16 Exhibit Ex N to SSMF, #17 Exhibit Ex O to SSMF, #18 Exhibit Ex P to SSMF, #19 Exhibit Ex Q to SSMF, #20 Exhibit Ex R to SSMF)(Colon-Ramirez, Francisco)
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Filing 114
STATEMENT of Uncontested Facts in Support of Dispositive Motion filed by Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC re: #113 MOTION for Summary Judgment (Dispositive Motions - In Limine and for Summary Judgment) filed by ACE Insurance Company, WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC, Rio Mar Resort - MTG Company, LLC. (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) (Martinez-Llorens, Luis)
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Filing 113
MOTION for Summary Judgment (Dispositive Motions - In Limine and for Summary Judgment) filed by Luis G. Martinez-Llorens on behalf of ACE Insurance Company, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC Suggestions in Opposition to Summary Judgment due by 6/30/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis)
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Filing 112
ORDER denying #111 Motion for extension of time. As it has already been stated on several occasions, if U.S. District Judge Francisco A. Besosa, in his sound discretion, postpones the pretrial conference and the jury trial, then the possibility of extending the deadline to file motions for summary judgment by a similar amount of time may be pondered. See ECF Nos. 92, 104, 106. Since as of today the dates of the pretrial and settlement conference and the jury trial have not been moved, the motion is denied. Signed by US Magistrate Judge Marcos E. Lopez on 6/5/23. (Lopez, Marcos)
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Filing 111
MOTION for extension of time until June 26th, 2023 filed by Luis G. Martinez-Llorens on behalf of Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC, Wyndham Grand Rio Mar Beach Resort & Spa Responses due by 6/20/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis)
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Filing 110
ORDER regarding #109 Motion to Restrict. Granted. Signed by US Magistrate Judge Marcos E. Lopez on 4/13/2023. (mcc)
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Filing 109
MOTION to Restrict Document Motion to Restrict Docket No. 107 filed by Antonio Gnocchi-Franco on behalf of Resortshare Responses due by 4/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Gnocchi-Franco, Antonio)
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Filing 108
ORDER re #107 Motion to Deposit Funds: NOTED. Signed by Senior Judge Francisco A. Besosa on 04/11/2023. (brc)
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Filing 107
***SELECTED PARTIES*** MOTION to Deposit Funds Motion Consigning Minors' Settlement Checks filed by Antonio Gnocchi-Franco on behalf of All Plaintiffs Responses due by 4/25/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Gnocchi-Franco, Antonio)
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Deposit of funds in the amount of $ SEALED, receipt number 105341. (Re: Dkt. #107 ) To be deposited on the next working day in an interest-bearing account in compliance with L.Cv.R. 67. **FUNDS WILL BE AVAILABLE FOR DISBURSEMENT AFTER 7 WORKING DAYS** (arg)
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Filing 106
ORDER denying #105 Motion for Reconsideration. By extending the discovery deadline until only nine days prior to the deadline to file motions for summary judgment, the parties are placing themselves in a position where deposition transcripts are not ready and thus, cannot be used in support of a motion for summary judgment or a response in opposition to the same. The parties are put on notice that the deadline to file motions for summary judgment (or responses to the same) will not be extended simply because a deposition transcript is still pending to be produced. Furthermore, the proposed discovery deadline may also not give the parties sufficient time to obtain certified translations for the documents that they intend to use in support of the motions for summary judgment or the responses in opposition. The parties are to keep in mind that all citations to the record contained in the statements of proposed uncontested facts and responses to the same must be to documents that are in English. Leave will not be granted to file certified translations after the deadlines to file motions for summary judgment and responses to the same expire. Signed by US Magistrate Judge Marcos E. Lopez on 4/5/23. (Lopez, Marcos)
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Filing 105
Joint MOTION for Reconsideration re 104 Order on Motion to Amend/Correct,, filed by Luis G. Martinez-Llorens on behalf of ACE Insurance Company, ACE Property and Casualty Insurance Company, Airbnb, Inc., Chubb Insurance Company, Liberty Mutual Fire Insurance Co., Margaritaville Vacation Club by Wyndham, Inc., Resortshare, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, Starr Indemnity & Liability Insurance Company, Travel + Leisure Co., W Corp., WHM Carib, LLC, Wyndham Grand Rio Mar Beach Resort & Spa, Wyndham Worldwide Corporation Responses due by 4/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 104 ) (Martinez-Llorens, Luis)
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Filing 104
ORDER denying #103 Motion Requesting Amendment of Scheduling Order. Although the parties indicate that the proposed amendments to the discovery timetable "would not jeopardize the trial date", they would affect the time that I have to analyze any motions for summary judgment that are filed. This is not the first time that this concern has been brought to the attention of the parties. E.g., ECF No. 92. The deadline to file motions for summary judgment will not be extended unless U.S. District Judge Francisco A. Besosa, in his sound discretion, postpones the pretrial conference and the jury trial. Signed by US Magistrate Judge Marcos E. Lopez on 4/5/23. (Lopez, Marcos)
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Filing 103
MOTION to Amend/Correct (Urgent Joint Motion Requesting Amendment of Scheduling Order) filed by Luis G. Martinez-Llorens on behalf of ACE Insurance Company, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC Responses due by 4/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis)
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Filing 102
PARTIAL JUDGMENT dismissing all plaintiffs' claims against defendant Resortshare with prejudice. Signed by Senior Judge Francisco A. Besosa on 03/27/2023. (brc)
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Filing 101
ORDER re #96 Notice of Settlement. All plaintiffs' claims against defendant Resortshare are DISMISSED with prejudice. Partial Judgment shall be entered accordingly. Signed by Senior Judge Francisco A. Besosa on 03/27/2023. (brc)
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Filing 100
***SELECTED PARTIES*** Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez: Judicial Authorization Hearing via VTC held on 3/23/2023. (Court Reporter dcr/zoomgov.) (mcc)
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Filing 99
ORDER regarding #97 Motion requesting Order. Noted. A sealed Judicial Authorization Hearing by videoconference regarding the notice of partial settlement and related documents is set for March 23, 2023 at 10:30 am. The attendance of co-plaintiff Misti Lynn Willis is required. Signed by US Magistrate Judge Marcos E. Lopez on 3/13/2023. (mcc)
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Filing 98
ORDER re #96 Notice of Settlement. The hearing to approve the settlement for the minors is referred to Magistrate Judge Marcos Lopez. The parties are encouraged to consent that Magistrate Judge Marcos Lopez enter judgment in accordance with the settlement. Signed by Senior Judge Francisco A. Besosa on 03/10/2023. (brc)
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Filing 97
**CASE PARTICIPANTS** MOTION requesting Order Regarding Judicial Authorization Request filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 3/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 1 Settlement Agreement, #2 Exhibit Exhibit 2 Sworn Statement)(Rivera-Aspinall, Julian)
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Filing 96
NOTICE of Settlement (PARTIAL) regarding co defendant RESORTSHARE ONLY by Misti Lynn Willis (Rivera-Aspinall, Julian)
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Filing 95
ORDER regarding #94 Motion to Substitute Attorney. Noted and granted. The Clerk of the Court shall take into account the substitution for notification purposes. Signed by US Magistrate Judge Marcos E. Lopez on 2/28/2023. (mcc)
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Filing 94
MOTION to Substitute Attorney Nelson N. Cordova-Morales filed by Nelson N. Cordova-Morales on behalf of ACE Property and Casualty Insurance Company Responses due by 3/14/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cordova-Morales, Nelson)
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Filing 93
NOTICE of Appearance by Nelson N. Cordova-Morales on behalf of ACE Property and Casualty Insurance Company (Cordova-Morales, Nelson)
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Filing 92
ORDER denying #91 Motion to Amend/Correct. Extending the deadline to file motions for summary judgment until July 31, 2023 would unreasonably shorten the period of time for the court to evaluate and rule on said motions prior to the pretrial and settlement conference. If U.S. District Judge Francisco A. Besosa, in his sound discretion, postpones the pretrial and settlement conference and the jury trial, then the possibility of extending the deadline to file motions for summary judgment by a similar amount of time may be pondered. In the alternative, if all the parties voluntarily consent to have a magistrate judge presiding over the case, including trial and entry of judgment, the undersigned would be willing to explore the possibility of enlarging the discovery phase of the case and of rescheduling the pretrial conference and the trial. The parties are advised that they are free to withhold consent without adverse substantive consequences. Regarding plaintiffs' expert reports, the deadline to produce them expired on November 15, 2022. ECF No. 84. Extension requests must be filed before deadlines expire, not almost three months after the expiration date. Signed by US Magistrate Judge Marcos E. Lopez on 2/14/23. (Lopez, Marcos)
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Filing 91
MOTION to Amend/Correct (Urgent Joint Motion Requesting Amendment of Scheduling Order) filed by Luis G. Martinez-Llorens on behalf of ACE Insurance Company, ACE Property and Casualty Insurance Company, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC Responses due by 2/28/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Llorens, Luis)
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Filing 90
ORDER regarding #89 Motion to Substitute Attorney. Noted. In light of counsel Luis Martinez Llorens' notice of appearance on behalf of Ace Property and Casualty Insurance Company (ECF No. 88), counsel Paul A. Cortes Ruiz is granted leave to withdraw as counsel of record for said entity. Signed by US Magistrate Judge Marcos E. Lopez on 12/07/2022. (mcc)
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Filing 89
MOTION to Substitute MOTION REQUESTING LEAVE TO SUBSTITUTE ATTORNEY OF RECORD Attorney Paul A. Cortes-Ruiz filed by Paul A. Cortes-Ruiz on behalf of ACE Property and Casualty Insurance Company Responses due by 12/21/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cortes-Ruiz, Paul)
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Filing 88
NOTICE of Appearance by Luis G. Martinez-Llorens on behalf of ACE Property and Casualty Insurance Company (Martinez-Llorens, Luis)
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Filing 87
ORDER regarding #85 Motion to Substitute Attorney. Noted. Attorneys Antonio L. Roig Lorenzo and Paul Cortes Ruiz are granted leave to withdraw as counsel of record for WHM Carib LLC, Rio Mar Resort - WHG Hotel Property, LLC, Rio Mar Resort - MTG Company LLC, and Ace Insurance Company. However, in view that the motion for substitution (ECF No. 85) and counsel Luis Martinez Llorens' notice of appearance (ECF No. 86) are silent on Ace Property and Casualty Insurance Company (ECF No. 75), counsel Paul Cortez Ruiz remains as counsel of record for said entity. Signed by US Magistrate Judge Marcos E. Lopez on 12/05/2022. (mcc)
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Filing 86
NOTICE of Appearance by Luis G. Martinez-Llorens on behalf of ACE Insurance Company, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC, Wyndham Grand Rio Mar Beach Resort & Spa (Martinez-Llorens, Luis)
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Filing 85
MOTION to Substitute MOTION REQUESTING LEAVE TO SUBSTITUTE ATTORNEY OF RECORD Attorney Antonio L. Roig-Lorenzo filed by Antonio L. Roig-Lorenzo on behalf of WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC, Rio Mar Resort - MTG Company, LLC, ACE Insurance Company. Responses due by 12/16/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Roig-Lorenzo, Antonio) Modified on 12/5/2022 to add filers (ab).
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Filing 84
Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez: Initial Scheduling Conference via VTC held on 8/22/2022. (Court Reporter dcr/zoomgov.) (mcc)
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Filing 83
NOTICE of Appearance by Armando P. Rubio on behalf of Resortshare (Rubio, Armando)
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Filing 82
ANSWER to #64 Amended Complaint filed by Alery Delgado on behalf of Defendant Resortshare.(Delgado, Alery)
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Filing 81
NOTICE of Appearance by Alery Delgado on behalf of Resortshare (Delgado, Alery)
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Filing 80
NOTICE TO PRO HAC VICE Armando Rubio re: 77 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (ab)
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Filing 79
NOTICE TO PRO HAC VICE Alery Delgado re: 76 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (ab)
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Filing 78
ANSWER to #64 Amended Complaint filed by Rocio Ramos-Santiago on behalf of Defendants Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co..(Ramos-Santiago, Rocio)
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Filing 77
ORDER re #74 Motion to Appear PHV: GRANTED. The Clerk will deposit the admission fee in the Court's non-appropriated funds account. Signed by Senior Judge Francisco A. Besosa on 08/18/2022. (brc)
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Filing 76
ORDER re #73 Motion to Appear PHV: GRANTED. The Clerk will deposit the admission fee in the Court's non-appropriated funds account. Signed by Senior Judge Francisco A. Besosa on 08/18/2022. (brc)
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Filing 75
ANSWER to #64 Amended Complaint filed by Paul A. Cortes-Ruiz on behalf of Defendants ACE Property and Casualty Insurance Company, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC, Wyndham Grand Rio Mar Beach Resort & Spa.(Cortes-Ruiz, Paul)
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Filing 74
Motion to allow Armando Rubio to appear pro hac vice (Pro Hac fee $300 receipt number 87366Z) filed by Antonio Gnocchi-Franco on behalf of Resortshare Responses due by 9/1/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Gnocchi-Franco, Antonio)
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Filing 73
Motion to allow Alery Delgado to appear pro hac vice (Pro Hac fee $300 receipt number 12438Z) filed by Antonio Gnocchi-Franco on behalf of Resortshare Responses due by 9/1/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Gnocchi-Franco, Antonio)
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NOTICE of Docket Text Modification by Deputy Clerk re: #71 Motion to allow Armando Rubio to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7876474), #70 Motion to allow Alery Delgado to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7876376). ***FILED IN ERROR. Counsel filed using another Counsel's Login/Password. Missing PHV's signature. Counsel informed by telephone. To be re-filed.*** (ab)
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Filing 72
ORDER regarding #69 Motion to Withdraw as Attorney. Granted. Attorney Margarita Rosado-Toledo terminated. Signed by US Magistrate Judge Marcos E. Lopez on 8/16/2022. (mcc)
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Filing 71
***FILED IN ERROR. Counsel filed using another Counsel's Login/Password. Missing PHV's signature. To be re-filed.*** Motion to allow Armando Rubio to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7876474) filed by Alery Delgado on behalf of Resortshare Responses due by 8/30/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Delgado, Alery) Modified on 8/17/2022 (ab).
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Filing 70
***FILED IN ERROR. Counsel filed using another Counsel's Login/Password. Missing PHV's signature. To be re-filed.*** Motion to allow Alery Delgado to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7876376) filed by Alery Delgado on behalf of Resortshare Responses due by 8/30/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Delgado, Alery) Modified on 8/17/2022 (ab).
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Filing 69
MOTION to Withdraw as ResortShare's Counsel of record Attorney as to Margarita Rosado-Toledo filed by Margarita Rosado-Toledo on behalf of Resortshare Responses due by 8/30/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rosado-Toledo, Margarita)
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Filing 68
NOTICE of Appearance by Antonio Gnocchi-Franco on behalf of Resortshare (Gnocchi-Franco, Antonio)
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Filing 67
Joint Initial Scheduling Memorandum filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs, ResortShare, Wyndham Worldwide Corporation, Margaritaville Vacation Club by Wyndham, ACE Insurance Company, WHM Carib, LLC, Rio Mar Resort MTG Company, LLC, Responses due by 8/26/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Aspinall, Julian) Modified on 8/15/2022 to edit title and add filers (ab).
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Filing 66
ORDER regarding #65 Motion for Extension of Time to File. Granted. Signed by US Magistrate Judge Marcos E. Lopez on 8/10/2022. (mcc)
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Filing 65
Joint MOTION for Extension of Time until August 12, 2022 to file Joint Case Management Memorandum filed by Rocio Ramos-Santiago on behalf of Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co., All Plaintiffs Responses due by 8/23/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramos-Santiago, Rocio) Modified on 8/10/2022 to add filers (ab).
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Filing 64
Third AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs .(Rivera-Aspinall, Julian) Modified on 8/5/2022 to edit docket text and filers (ab).
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Filing 63
ORDER regarding #62 Motion to Amend/Correct. Granted. Signed by US Magistrate Judge Marcos E. Lopez on 8/04/2022. (mcc)
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Filing 62
MOTION to Amend/Correct the Complaint and Brief Extension of Time filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 8/17/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Tendered Proposed Complaint)(Rivera-Aspinall, Julian)
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Filing 61
ORDER. The Initial Scheduling Conference via VTC is reset for August 22, 2022 at 4:30 pm. Hearing access credentials are available in the following URL link: #https://www.prd.uscourts.gov/video-teleconference-vtc-hearing-links.Signed by US Magistrate Judge Marcos E. Lopez on 7/26/2022. (mcc)
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Filing 60
MEMORANDUM OF THE CLERK: By Order of Senior Judge Francisco A. Besosa (Docket No. 59), this case has been randomly referred to Magistrate Judge Marcos E. Lopez for all pretrial proceedings, including reports and recommendations on dispositive motions, except for the final pretrial conference and trial. Signed by Clerk on 07/26/2022. (ft)
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Filing 59
ORDER re #57 Motion in Compliance: NOTED. This case is referred to a magistrate judge, for all pretrial proceedings, including reports and recommendations on dispositive motions. The final pretrial conference and the trial will be held before the undersigned. No continuances will be allowed except for grave cause. Signed by Senior Judge Francisco A. Besosa on 07/22/2022. (brc) Modified on 7/26/2022 to change the word "as" to "on" (ab).
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Filing 58
ORDER re #55 Motion in Compliance: NOTED. The party which has been served and appeared is ACE Insurance Company, a party which has been terminated from the case. ACE Property and Casualty Company has not been served, nor has it appeared voluntarily. Plaintiff will comply with the order entered at Docket No. 54. Signed by Senior Judge Francisco A. Besosa on 07/22/2022. (brc)
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Filing 57
Joint Motion In Compliance with Order as to #53 Scheduling Order/Case Management Order,,,, Set Deadlines/Hearings,,, filed by Rocio Ramos-Santiago on behalf of Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co., Wyndham Worldwide Corporation Responses due by 8/5/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #53 ) (Ramos-Santiago, Rocio)
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Filing 56
AFFIDAVIT Of Executed Service of Process Ace Insurance by The Estate of Jeremy Shea Willis. (Rivera-Aspinall, Julian)
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Filing 55
Motion In Compliance and Request for Brief Extension of Time filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 8/4/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Affidavit of Service Ace Insurance)(Rivera-Aspinall, Julian)
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Filing 54
ORDER. No later than August 4, 2022, plaintiffs will either dismiss their claims against ACE Property and Casualty Company, or move to serve process on it, personally or by publication. Signed by Senior Judge Francisco A. Besosa on 07/21/2022. (brc)
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Filing 53
SCHEDULING ORDER/CASE MANAGEMENT ORDER: Jury Trial set for 10/16/2023 09:00 AM in Old San Juan Courtroom before Senior Judge Francisco A. Besosa. Initial Scheduling Conference set for 8/16/2022 09:00 AM in OSJ Courtroom 6 - 1st Floor before Senior Judge Francisco A. Besosa. Pretrial/Settlement Conference set for 10/9/2023 01:30 PM in OSJ Courtroom 6 - 1st Floor before Senior Judge Francisco A. Besosa. Amended Pleadings due by 8/3/2022. Discovery due by 4/14/2023. Memorandum Filing due by 8/9/2022. Motions due by 6/16/2023. Outstanding Pleadings due by 7/27/2022. Proposed Pretrial Order due by 9/15/2023. Follow Up Deadline due by 7/20/2022. Rule 26 Meeting Report due by 8/9/2022. Signed by Senior Judge Francisco A. Besosa on 7/6/2022.(om)
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Filing 52
ANSWER to #40 Amended Complaint filed by Margarita Rosado-Toledo on behalf of Defendant Resortshare. (Attachments: #1 Exhibit I)(Rosado-Toledo, Margarita)
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Filing 51
ANSWER to #40 Amended Complaint filed by Francisco E. Colon-Ramirez on behalf of Defendants Margaritaville Vacation Club by Wyndham, Inc., Starr Indemnity & Liability Insurance Company, Travel + Leisure Co..(Colon-Ramirez, Francisco)
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Filing 50
ORDER re #49 Motion for Leave to Appear: NOTED. Signed by Senior Judge Francisco A. Besosa on 03/23/2022. (brc)
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Filing 49
MOTION for Leave to Appear As Additional Legal Counsel filed by Rocio Ramos-Santiago on behalf of Margaritaville Vacation Club by Wyndham, Inc., Wyndham Worldwide Corporation Responses due by 4/6/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ramos-Santiago, Rocio)
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Filing 48
ANSWER to #40 Amended Complaint Answer to the Second Amended Complaint filed by Paul A. Cortes-Ruiz on behalf of Defendants ACE Insurance Company, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC, Wyndham Grand Rio Mar Beach Resort & Spa.(Cortes-Ruiz, Paul)
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Filing 47
ORDER re #46 Motion for extension of time: GRANTED. Answer deadline is extended until April 15, 2022. No additional extensions will be allowed. Signed by Senior Judge Francisco A. Besosa on 03/16/2022. (brc)
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Filing 46
MOTION for extension of time until April 15, 2022 to answer the complaint or plead filed by Margarita Rosado-Toledo on behalf of Resortshare Responses due by 3/30/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rosado-Toledo, Margarita)
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Filing 45
ORDER re #44 Motion for Extension of Time to Answer: GRANTED. Answer deadline is extended until March 21, 2022. No additional extensions will be allowed. Signed by Senior Judge Francisco A. Besosa on 03/10/2022. (brc)
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Filing 44
MOTION for Extension of Time until 03/21/2022 to File Answer re: #40 Amended Complaint filed by B Willis, Misti Lynn Willis, The Estate of Jeremy Shea Willis, C Willis, A Willis filed by Paul A. Cortes-Ruiz on behalf of ACE Insurance Company, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC, Wyndham Grand Rio Mar Beach Resort & Spa Responses due by 3/23/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #40 ) (Cortes-Ruiz, Paul)
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Filing 43
SUMMONS Issued as to Travel + Leisure Co. (Attachments: #1 Summons) (vdm)
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Filing 42
SUMMONS Issued as to Resortshare. (Attachments: #1 Summons) (vdm) (Attachment 1 replaced on 2/23/2022) (ab).
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Filing 41
NOTICE of Filing Exhibits Summons (Attachments: #1 Summons) (Rivera-Aspinall, Julian)
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Filing 40
Second AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs .(Rivera-Aspinall, Julian) Modified on 2/23/2022 to edit title and filers (ab).
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Filing 39
ORDER re #37 Motion in Compliance: NOTED and GRANTED. The second amended complaint is ordered filed as a separate document no later than February 24, 2022. Plaintiff is allowed until March 28, 2022 to serve process on the defendants which were added. Signed by Senior Judge Francisco A. Besosa on 02/22/2022. (brc)
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Filing 38
Second AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs .(Rivera-Aspinall, Julian) Modified on 2/23/2022 to edit title and filers (ab).
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Filing 37
Motion In Compliance with Order at ECF 34 Requesting Permission to present Amendment to the Complaint and and Tendering Second Amended Complaint filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 3/7/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Second Amended Complaint)(Rivera-Aspinall, Julian)
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Filing 36
PARTIAL JUDGMENT dismissing plaintiffs' claims against defendant Airbnb, Inc. without prejudice. Signed by Senior Judge Francisco A. Besosa on 02/08/2022. (brc)
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Filing 35
ORDER re #23 Motion to Dismiss: GRANTED. Plaintiffs' claims against defendant Airbnb, Inc. are DISISSED without prejudice. There being no cause for delay, partial judgment shall be entered accordingly. Signed by Senior Judge Francisco A. Besosa on 02/08/2022. (brc)
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Filing 34
ORDER re #31 Motion for Miscellaneous Relief. The request to conduct limited expedited jurisdictional discovery is DENIED. A Case Management Order will issue shortly. No later than February 21, 2022, defendant shall respond to plaintiffs' motion to dismiss or to file a second amended complaint. Signed by Senior Judge Francisco A. Besosa on 02/08/2022. (brc)
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Filing 33
NOTICE OF INTENT TO OPPOSE PLAINTIFFS MOTION FOR LEAVE by ACE Insurance Company, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC, Wyndham Grand Rio Mar Beach Resort & Spa re #31 MOTION for Leave to Conduct Expedited Jurisdictional Discovery, extension of time to oppose Motion to Dismiss and other remedy (Cortes-Ruiz, Paul)
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***SEE IMAGE ON DOCKET #30 ***SUMMONS Returned Executed by All Plaintiffs upon Starr Indemnity & Liability Insurance Company served on 2/4/2022, answer due 2/25/2022. (ab)
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Filing 32
NOTICE of Voluntary Dismissal Without Prejudice as to Airbnb, Inc by All Plaintiffs (Rivera-Aspinall, Julian) Modified on 2/8/2022 to correct filers (ab).
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Filing 31
MOTION for Leave to Conduct Expedited Jurisdictional Discovery, extension of time to oppose Motion to Dismiss and other remedy filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 2/22/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit PR Department of State Limited Liability Defendant Records, #2 Exhibit Delaware Department of Corporations Records, #3 Exhibit Amended Complaint Surynovich, #4 Exhibit Answer to Amended Complaint Surynovich, #5 Exhibit Whyndham Hotels & Resorts Inc. Subsidiaries, #6 Exhibit Margaritaville State Department Corporate Record)(Rivera-Aspinall, Julian)
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Filing 30
NOTICE of Filing Exhibits Service of Process Starr Indemnity & Liability Insurance Company (Rivera-Aspinall, Julian)
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Filing 29
SUMMONS Issued as to Starr Indemnity & Liability Insurance Company. (Attachments: #1 Summons) (vdm)
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Filing 28
ORDER re #26 Motion for Joinder. Joinder is GRANTED. Signed by Senior Judge Francisco A. Besosa on 02/02/2022. (brc)
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Filing 27
NOTICE of Filing Exhibits Summons Starr Indemnity& Liability Insurance re 25 Order on Motion In Compliance, #21 Amended Complaint filed by Misti Lynn Willis, A Willis (Rivera-Aspinall, Julian)
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Filing 26
MOTION for Joinder Re: #23 Second MOTION to dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) ,, filed by Francisco E. Colon-Ramirez on behalf of Wyndham Worldwide Corporation, Margaritaville Vacation Club by Wyndham, Inc. Responses due by 2/16/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #23 ) (Colon-Ramirez, Francisco) Modified on 2/3/2022 to edit docket text and add filer (ab).
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Filing 25
ORDER re #22 Motion in Compliance: NOTED and GRANTED. Signed by Senior Judge Francisco A. Besosa on 02/01/2022. (brc)
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Filing 24
ORDER re #16 Motion to Dismiss: MOOT. An amended complaint has been filed (Docket No. 21), and a motion to dismiss the amended complaint has also been filed (Docket No. 23). Signed by Senior Judge Francisco A. Besosa on 02/01/2022. (brc)
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Filing 23
Second MOTION to dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) as to Wyndham Grand Rio Mar Beach Resort & Spa, Rio Mar Resort - MTG Company, LLC, ACE Insurance Company, WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC filed by Paul A. Cortes-Ruiz on behalf of Wyndham Grand Rio Mar Beach Resort & Spa, Rio Mar Resort - MTG Company, LLC, ACE Insurance Company, WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC Responses due by 2/14/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cortes-Ruiz, Paul) Modified on 2/1/2022 to edit title (ab).
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Filing 22
Motion In Compliance With Order and Seeking Permission to Add Party Defendant and other Remedy filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 2/10/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Aspinall, Julian)
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Filing 21
AMENDED COMPLAINT against All Defendants, filed by A Willis, Misti Lynn Willis.(Rivera-Aspinall, Julian)
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Filing 20
ORDER re #18 Motion for Joinder. The request to join the motion to dismiss filed at Docket No. 16 is GRANTED. Signed by Senior Judge Francisco A. Besosa on 01/24/2022. (brc)
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Filing 19
ORDER re #16 Motion to Dismiss. Plaintiffs will respond to this motion to dismiss no later than February 4, 2022. Signed by Senior Judge Francisco A. Besosa on 01/24/2022. (brc)
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Filing 18
MOTION for Joinder re #16 Motion to Dismiss, filed by Francisco E. Colon-Ramirez on behalf of Margaritaville Vacation Club by Wyndham, Inc., Wyndham Worldwide Corporation. Responses due by 2/4/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Colon-Ramirez, Francisco) Modified on 1/24/2022 to correct docket text, filers and event; create relationship to document #16 (ab).
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Filing 17
ANSWER to #1 Complaint, filed by Paul A. Cortes-Ruiz on behalf of Defendants ACE Insurance Company, Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC, Wyndham Grand Rio Mar Beach Resort & Spa.(Cortes-Ruiz, Paul)
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Filing 16
MOTION to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) as to Wyndham Grand Rio Mar Beach Resort & Spa, Rio Mar Resort - MTG Company, LLC, ACE Insurance Company, WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC filed by Wyndham Grand Rio Mar Beach Resort & Spa, Rio Mar Resort - MTG Company, LLC, ACE Insurance Company, WHM Carib, LLC, Rio Mar Resort - WHG Hotel Property, LLC Responses due by 2/4/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cortes-Ruiz, Paul)
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Filing 15
ORDER re #14 Motion for extension of time: GRANTED. Answer due by January 27, 2022. No additional extensions will be allowed. Signed by Judge Francisco A. Besosa on 01/12/2022. (brc)
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Filing 14
MOTION for extension of time until January 27, 2022 to Answer or otherwise move or respond filed by Antonio Gnocchi-Franco on behalf of Airbnb, Inc. Responses due by 1/25/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Gnocchi-Franco, Antonio)
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Filing 13
ORDER re #12 Motion for Extension of Time to Answer: GRANTED. Answer deadline is extended until January 21, 2022. No additional extensions will be allowed. Signed by Judge Francisco A. Besosa on 12/22/2021. (brc)
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Filing 12
MOTION for Extension of Time until January 21, 2022 to File Answer the Complaint or Otherwise Plead filed by Antonio L. Roig-Lorenzo on behalf of WHM Carib, LLC Responses due by 1/5/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Roig-Lorenzo, Antonio)
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Filing 11
ORDER re #10 Motion for Leave to Appear and Motion for extension of time. Appearance is NOTED. Request for extension of time is GRANTED. Answer to complaint shall be filed on January 20, 2022. No additional extensions will be allowed. Signed by Judge Francisco A. Besosa on 12/21/2021. (brc)
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Filing 10
MOTION for Leave to Appear , MOTION for extension of time until January 20, 2022 to plead or otherwise respond or move for relief filed by Francisco E. Colon-Ramirez on behalf of Margaritaville Vacation Club by Wyndham, Inc., Wyndham Worldwide Corporation Responses due by 1/3/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Colon-Ramirez, Francisco)
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Filing 9
SUMMONS Issued as to Wyndham Worldwide Corporation. (Attachments: #1 Summons) (vdm)
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Filing 8
NOTICE of Filing Exhibits Summons (Rivera-Aspinall, Julian)
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Filing 7
ORDER re #6 Motion to Appear PHV: GRANTED. The Clerk will deposit the admission fee in the Court's non-appropriated funds account. Signed by Judge Francisco A. Besosa on 11/15/2021. (brc)
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Filing 6
Motion to allow Todd Lyle to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7528859) filed by Julian R. Rivera-Aspinall on behalf of All Plaintiffs Responses due by 11/29/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-Aspinall, Julian)
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Filing 5
Summons Issued as to ACE Insurance Company, Airbnb, Inc., Chubb Insurance Company, Liberty Mutual Fire Insurance Co., Margaritaville Vacation Club by Wyndham, Inc., Rio Mar Resort - MTG Company, LLC, Rio Mar Resort - WHG Hotel Property, LLC, WHM Carib, LLC (Attachments: #1 Summons) (ad)
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Filing 4
NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Francisco A. Besosa (arg)
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Filing 3
AMENDED DOCUMENT by Misti Lynn Willis. Category Sheet. (Rivera-Aspinall, Julian)
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Filing 2
CLERK'S NOTICE OF DEFECTIVE FILING.Category Sheet is incomplete. Notice of Compliance Deadline due by 10/26/2021. (arg)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $402 receipt number 0104-7502100.), filed by Misti Lynn Willis. Service due by 1/20/2022, (Attachments: #1 Category Sheet, #2 Civil Cover Sheet, #3 Notice of Appearance, #4 Exhibit Summons, #5 Exhibit Summons, #6 Exhibit Summons, #7 Exhibit Summons, #8 Exhibit Summons, #9 Exhibit Summons, #10 Exhibit Summons, #11 Exhibit Summons)(Rivera-Aspinall, Julian)
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