Wyndham Vacation Resorts, Inc. v. Wesley Financial Group, LLC et al
| Wyndham Vacation Resorts, Inc. |
| Wesley Financial Group, LLC, Charles McDowell, III and John and Jane Does 1-10 |
| 3:2012cv00559 |
| June 1, 2012 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| John S Bryant |
| William J Haynes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on April 9, 2014. A more recent docket listing may be available from PACER.
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Filing 260
ORDER: Plaintiff's claims are DISMISSED with prejudice. Each party shall bear its own costs, attorney's fees and expenses. Signed by Chief Judge William J. Haynes, Jr on 4/9/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 259 STIPULATION of Dismissal with prejudice by Charles McDowell, III, Wesley Financial Group, LLC, Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
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Filing 258
ORDER: Before the Court is the Parties' joint motion to remove case from the docket #257 , that is GRANTED. This action is DISMISSED without prejudice to the right, upon good cause shown within 30 days, to reopen this action if the settlement is not consummated. Signed by Chief Judge William J. Haynes, Jr on 4/3/14. (dt)
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| Filing 257 Joint MOTION Remove Case from Docket by Charles McDowell, III, Wesley Financial Group, LLC, Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Proposed Order)(Coffman, Andrew) |
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Filing 256
ORDER: Based upon the statements of the parties' counsel in their joint motion that the Court granted (Docket Entry Nos. 252 and 255) the following motions (Docket Entry Nos. 125, 128, 137, 156, 158, 160, 162, 164, 166, 168, 170, 172, 174, 176, 178, 180, 181, 221, 246, 248 and 253) are DENIED without prejudice to renew, if the parties do not settle this action. A party may renew any motion by incorporating by reference its earlier motion papers. Signed by Chief Judge William J. Haynes, Jr on 4/1/14. (dt)
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Filing 255
ORDER granting #252 Motion to Cancel Pre-Trial Conference Due to Settlement. Signed by Chief Judge William J. Haynes, Jr on 3/28/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 254 Sealed Document Exhibit 1 to Plaintiffs' Motion for Leave to Permit Rhonda Schulke to Testify by Live Remote Video Pursuant to Rule 43(a) filed by Wyndham Vacation Resorts, Inc.. (Hanson, R.) |
| Filing 253 MOTION for Leave to Permit Rhonda Schulke to Testify by Remote Live Video Pursuant to Fed.R.Civ.P. 43(a) by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment Certificate of Consultation Regarding Motion to Permit Rhonda Schulke to Testify by Line Remote Video, #2 Attachment Declaration of Rhonda Schulke, #3 Attachment Declaration of R. Douglas Hanson, II)(Hanson, R.) |
| Filing 252 Joint MOTION to Continue or Cancel Pre-Trial Conference Due to Settlement by Wyndham Vacation Resorts, Inc.. (Hanson, R.) |
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Filing 251
ORDER granting #245 Motion for Leave to Late-Filed Motions In Limine. Signed by Chief Judge William J. Haynes, Jr on 3/27/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 250 RESPONSE in Opposition re #245 MOTION for Leave to File Late-Filed Motions in Limine filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Needham v The Roho Group)(Coffman, Andrew) |
| Filing 249 MEMORANDUM in Support of #248 MOTION in Limine No. 4 filed by Charles McDowell, III, Wesley Financial Group, LLC . (Hyde, Lyndsay) |
| Filing 248 MOTION in Limine No. 4 by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 247 MEMORANDUM in Support of #246 MOTION in Limine No. 3 filed by Charles McDowell, III, Wesley Financial Group, LLC . (Attachments: #1 Exhibit Bowling Deposition Excerpt 1, #2 Exhibit Bowling Deposition Excerpt 2, #3 Exhibit Wyndham Spreadsheet)(Hyde, Lyndsay) |
| Filing 246 MOTION in Limine No. 3 by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 245 MOTION for Leave to File Late-Filed Motions in Limine by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
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Filing 244
ORDER: Plaintiff's motion for reconsideration is Denied. Defendants' motion for fees and expenses incurred as a result of plaintiff's motion for Rule 60 relief, motion to reconsider and motion to strike Docket Entry 146 is Granted. the amount of such fees will be determined by Judge Bryant. Signed by Chief Judge William J. Haynes, Jr on 3/25/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 243 REPLY to Response to #156 MOTION in Limine #1 to Exclude Evidence of Sales Practices filed by Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1 - Tennessee Secretary of State Filing, #2 Exhibit 2 - Rachel Carlson Deposition Excerpts, #3 Exhibit 3 - McDowell Deposition Transcript, #4 Attachment - Alexander Realty Capital Inc. v. Laurel Cove Development LLC)(dt) |
| Filing 242 REPLY to Response to #178 MOTION in Limine #12 - Exclude Improper References to Wyndham's Financial Resources or Corporate Residence filed by Wyndham Vacation Resorts, Inc. (dt) |
| Filing 241 REPLY to Response to #176 MOTION in Limine #11 - Exclude Hearsay Evidence in Defendants' Customer Files filed by Wyndham Vacation Resorts, Inc. (dt) |
| Filing 240 REPLY to Response to #174 MOTION in Limine #10 - Exclude Hearsay Statements made to Defendants filed by Wyndham Vacation Resorts, Inc. (dt) |
| Filing 239 REPLY to Response to #172 MOTION in Limine #9 - Exclude Evidence of Wyndham's Compensation Structure and Turnover Rate filed by Wyndham Vacation Resorts, Inc. (dt) |
| Filing 238 REPLY to Response to #170 MOTION in Limine #8 - Exclude Damages after March 2013 filed by Wyndham Vacation Resorts, Inc.. (dt) (Main Document 238 replaced on 3/24/2014) (dt). |
| Filing 237 REPLY to Response to #168 MOTION in Limine #7 - Exclude Evidence Regarding Contracts Not Disclosed as Breached filed by Wyndham Vacation Resorts, Inc.. (dt) (Main Document 237 replaced on 3/24/2014) (dt). |
| Filing 236 REPLY to Response to #166 MOTION in Limine #6 - Exclude Prior Suits against Defendant McDowell filed by Wyndham Vacation Resorts, Inc.. (dt) |
| Filing 235 REPLY to Response to #164 MOTION in Limine #5 - Exclude Defendants from presenting evidence of damages filed by Wyndham Vacation Resorts, Inc.. (dt) |
| Filing 234 REPLY to Response to #160 MOTION in Limine #3 - Exclude Improper References to Other Lawsuits or Settlements filed by Wyndham Vacation Resorts, Inc.. (dt) |
| Filing 233 REPLY to Response to #158 MOTION in Limine #2 - Exclude References to Extraneous Owner Complaints filed by Wyndham Vacation Resorts, Inc.. (dt) |
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Filing 232
ORDER granting #220 Motion for Leave to File Reply to Response to #156 MOTION in Limine #1 to Exclude Evidence of Sales Practices. Signed by Chief Judge William J. Haynes, Jr on 3/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 231
ORDER granting #218 Motion for Leave to File Reply to Response #178 MOTION in Limine #12. Signed by Chief Judge William J. Haynes, Jr on 3/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 230
ORDER granting #217 Motion for Leave to File Reply to Response to #176 MOTION in Limine #11. Signed by Chief Judge William J. Haynes, Jr on 3/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 229
ORDER granting #216 Motion for Leave to File Reply to Response to #174 MOTION in Limine #10. Signed by Chief Judge William J. Haynes, Jr on 3/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 228
ORDER granting #215 Motion for Leave to File Reply to Response to #172 MOTION in Limine #9. Signed by Chief Judge William J. Haynes, Jr on 3/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 227
ORDER granting #214 Motion for Leave to File Reply to Response to #170 MOTION in Limine #8. Signed by Chief Judge William J. Haynes, Jr on 3/14/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 226
ORDER granting #213 Motion for Leave to File Reply to Response to #168 MOTION in Limine #7. Signed by Chief Judge William J. Haynes, Jr on 3/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 225
ORDER granting #212 Motion for Leave to File Reply to Response to #166 MOTION in Limine #6. Signed by Chief Judge William J. Haynes, Jr on 3/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 224
ORDER granting #211 Motion for Leave to File Reply to Response to #164 MOTION in Limine #5. Signed by Chief Judge William J. Haynes, Jr on 3/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 223
ORDER granting #210 Motion for Leave to File Reply to Response to #160 Motion in Limine #3. Signed by Chief Judge William J. Haynes, Jr on 3/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 222
ORDER granting #209 Motion for Leave to File Reply to Response to #158 MOTION in Limine #2. Signed by Chief Judge William J. Haynes, Jr on 3/24/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 221 MOTION to Exclude Defendant Use of or Evidence Relating to Unclean Hands Defense Identified By Defendants in the Proposed Pre-Trial Order as an Issue for Resolution by the Court by Wyndham Vacation Resorts, Inc.. (Hanson, R.) |
| Filing 220 MOTION for Leave to Leave to File Reply re #156 MOTION in Limine #1 to Exclude Evidence of Sales Practices by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine, #2 Exhibit 1 - Tennessee Secretary of State Filing, #3 Exhibit 2 - Rachel Carlson Deposition Excerpts, #4 Exhibit 3 - McDowell Deposition Transcript, #5 Attachment Alexander Realty Capital Inc. v. Laurel Cove Development LLC)(Coffman, Andrew) |
| Filing 219 OBJECTIONS to Defendants' Witness and Exhibit Lists filed by Wyndham Vacation Resorts, Inc. re #188 Witness List. (Attachments: #1 Exhibit A - McDowell's Amended Disclosures, #2 Exhibit B - Wesley Financial Group's Amended Disclosurees, #3 Exhibit C - Discovery Responses, #4 Exhibit D - "The Guaranteed Road to Success", #5 Exhibit E - Deposition of John Monaweck)(Coffman, Andrew) |
| Filing 218 MOTION for Leave to Leave to File Reply re #178 MOTION in Limine #12 - Exclude Improper References to Wyndham's Financial Resources or Corporate Residence by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine)(Coffman, Andrew) |
| Filing 217 MOTION for Leave to Leave to File Reply re #176 MOTION in Limine #11 - Exclude Hearsay Evidence in Defendants' Customer Files by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine)(Coffman, Andrew) |
| Filing 216 MOTION for Leave to Leave to File Reply re #174 MOTION in Limine #10 - Exclude Hearsay Statements made to Defendants by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine)(Coffman, Andrew) |
| Filing 215 MOTION for Leave to Leave to File Reply re #172 MOTION in Limine #9 - Exclude Evidence of Wyndham's Compensation Structure and Turnover Rate by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine)(Coffman, Andrew) |
| Filing 214 MOTION for Leave to Leave to File Reply re #170 MOTION in Limine #8 - Exclude Damages after March 2013 by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine)(Coffman, Andrew) |
| Filing 213 MOTION for Leave to Leave to File Reply re #168 MOTION in Limine #7 - Exclude Evidence Regarding Contracts Not Disclosed as Breached by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine)(Coffman, Andrew) |
| Filing 212 MOTION for Leave to Leave to File Reply re #166 MOTION in Limine #6 - Exclude Prior Suits against Defendant McDowell by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine)(Coffman, Andrew) |
| Filing 211 MOTION for Leave to Leave to File Reply re #164 MOTION in Limine #5 - Exclude Defendants from presenting evidence of damages by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine)(Coffman, Andrew) |
| Filing 210 MOTION for Leave to File Reply re #160 MOTION in Limine #3 - Exclude Improper References to Other Lawsuits or Settlements by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine)(Coffman, Andrew) Modified Text on 3/24/2014 (dt). |
| Filing 209 MOTION for Leave to to File Reply re #158 MOTION in Limine #2 - Exclude References to Extraneous Owner Complaints by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion in Limine)(Coffman, Andrew) |
| Filing 208 Proposed Jury Instructions by Charles McDowell, III, Wesley Financial Group, LLC. (McKellar, Andrea) |
| Filing 207 TRIAL BRIEF Regarding Damages by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 206 RESPONSE in Opposition re #178 MOTION in Limine #12 - Exclude Improper References to Wyndham's Financial Resources or Corporate Residence filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 205 RESPONSE in Opposition re #176 MOTION in Limine #11 - Exclude Hearsay Evidence in Defendants' Customer Files filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 204 RESPONSE in Opposition re #174 MOTION in Limine #10 - Exclude Hearsay Statements made to Defendants filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 203 RESPONSE in Opposition re #172 MOTION in Limine #9 - Exclude Evidence of Wyndham's Compensation Structure and Turnover Rate filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 202 RESPONSE in Opposition re #170 MOTION in Limine #8 - Exclude Damages after March 2013 filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 201 RESPONSE in Opposition re #168 MOTION in Limine #7 - Exclude Evidence Regarding Contracts Not Disclosed as Breached filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 200 RESPONSE in Opposition re #166 MOTION in Limine #6 - Exclude Prior Suits against Defendant McDowell filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 199 RESPONSE in Opposition re #164 MOTION in Limine #5 - Exclude Defendants from presenting evidence of damages filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 198 RESPONSE in Opposition re #162 MOTION in Limine #4 - Exclude Improper References to TUTSA and TCPA counterclaims filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 197 RESPONSE in Opposition re #160 MOTION in Limine #3 - Exclude Improper References to Other Lawsuits or Settlements filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 196 RESPONSE in Opposition re #158 MOTION in Limine #2 - Exclude References to Extraneous Owner Complaints filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 195 RESPONSE to Motion re #156 MOTION in Limine #1 to Exclude Evidence of Sales Practices filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 194 TRIAL BRIEF on Damages by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 193 Proposed Pretrial Order by Charles McDowell, III, Wesley Financial Group, LLC, Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 192 Proposed Jury Verdict Form by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Proposed Verdict Form)(Coffman, Andrew) |
| Filing 191 Proposed Jury Instructions by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Proposed Jury Instructions)(Coffman, Andrew) |
| Filing 190 RESPONSE to Motion re #180 MOTION in Limine #1 filed by Wyndham Vacation Resorts, Inc.. (Hanson, R.) |
| Filing 189 RESPONSE in Opposition re #181 MOTION in Limine #2 filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Exhibit 1, Excerpts from McDowell's Deposition as a Rule 30(b)(6) witness for Wesley Financial Corporation, #2 Exhibit Exhibit 2, New Jersey Indictment Against VO Group)(Hanson, R.) |
| Filing 188 Witness List and Exhibit List by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 187 Witness List and Deposition Designations for Witnesses to be Called by Deposition Designation by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Designation of Michael Bowling, #2 Exhibit B - Designation of Roxanne Durham)(Coffman, Andrew) |
| Filing 186 Witness List by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 185 Exhibit List by Wyndham Vacation Resorts, Inc... (Attachments: #1 Exhibit A - Exhibit List)(Coffman, Andrew) |
| Filing 184 REPLY to Response to #153 MOTION for Rule 60 Relief from Order based on Misrepresentation and Motion to Reconsider, filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment - Unpublished Case - Reitz v. City of Mt. Juliet)(dt) |
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Filing 183
ORDER granting #182 Motion for Leave to File Reply. Signed by Chief Judge William J. Haynes, Jr on 3/4/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 182 MOTION for Leave to File Reply to Defendants' Response in Opposition to Plaintiffs' Motion for Rule 60 Relief from Order Based on Misrepresentation and Motion to Reconsider re #153 MOTION for Reconsideration re #144 Order on Motion for Attorney Fees and Motion for Rule 60 Relief Based on Misrepresentation by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment Reply to Defendants' Response in Opposition to Plaintiff's Motion for Rule 60 Relief from Order Based on Misrepresentation and Motion to Reconsider, #2 Attachment Unpublished Case - Reitz v. City of Mt. Juliet)(Hanson, R.) |
| Filing 181 MOTION in Limine #2 by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 180 MOTION in Limine #1 by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 179 MEMORANDUM in Support of #178 MOTION in Limine #12 - Exclude Improper References to Wyndham's Financial Resources or Corporate Residence filed by Wyndham Vacation Resorts, Inc. . (Coffman, Andrew) |
| Filing 178 MOTION in Limine #12 - Exclude Improper References to Wyndham's Financial Resources or Corporate Residence by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 177 MEMORANDUM in Support of #176 MOTION in Limine #11 - Exclude Hearsay Evidence in Defendants' Customer Files filed by Wyndham Vacation Resorts, Inc. . (Attachments: #1 Exhibit A - Rule 30(b)(6) Deposition of Wesley Financial Group, #2 Exhibit Galloway v. Big G Express Inc.)(Coffman, Andrew) |
| Filing 176 MOTION in Limine #11 - Exclude Hearsay Evidence in Defendants' Customer Files by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 175 MEMORANDUM in Support of #174 MOTION in Limine #10 - Exclude Hearsay Statements made to Defendants filed by Wyndham Vacation Resorts, Inc. . (Attachments: #1 Exhibit A- Rule 30(b)(6) deposition testimony on behalf of Wesley Financial Group, #2 Exhibit B - Deposition of Charles McDowell, #3 Exhibit Galloway v Big G Express Inc)(Coffman, Andrew) |
| Filing 174 MOTION in Limine #10 - Exclude Hearsay Statements made to Defendants by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 173 MEMORANDUM in Support of #172 MOTION in Limine #9 - Exclude Evidence of Wyndham's Compensation Structure and Turnover Rate filed by Wyndham Vacation Resorts, Inc. . (Coffman, Andrew) |
| Filing 172 MOTION in Limine #9 - Exclude Evidence of Wyndham's Compensation Structure and Turnover Rate by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 171 MEMORANDUM in Support of #170 MOTION in Limine #8 - Exclude Damages after March 2013 filed by Wyndham Vacation Resorts, Inc. . (Attachments: #1 Exhibit Campos v MTD Productions Inc)(Coffman, Andrew) |
| Filing 170 MOTION in Limine #8 - Exclude Damages after March 2013 by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 169 MEMORANDUM in Support of #168 MOTION in Limine #7 - Exclude Evidence Regarding Contracts Not Disclosed as Breached filed by Wyndham Vacation Resorts, Inc. . (Attachments: #1 Exhibit A - Rule 30(b)(6) Deposition of Wesley Financial Group)(Coffman, Andrew) |
| Filing 168 MOTION in Limine #7 - Exclude Evidence Regarding Contracts Not Disclosed as Breached by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 167 MEMORANDUM in Support of #166 MOTION in Limine #6 - Exclude Prior Suits against Defendant McDowell filed by Wyndham Vacation Resorts, Inc. . (Coffman, Andrew) |
| Filing 166 MOTION in Limine #6 - Exclude Prior Suits against Defendant McDowell by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 165 MEMORANDUM in Support of #164 MOTION in Limine #5 - Exclude Defendants from presenting evidence of damages filed by Wyndham Vacation Resorts, Inc. . (Attachments: #1 Exhibit Caudell v City of Loveland)(Coffman, Andrew) |
| Filing 164 MOTION in Limine #5 - Exclude Defendants from presenting evidence of damages by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 163 MEMORANDUM in Support of #162 MOTION in Limine #4 - Exclude Improper References to TUTSA and TCPA counterclaims filed by Wyndham Vacation Resorts, Inc. . (Coffman, Andrew) |
| Filing 162 MOTION in Limine #4 - Exclude Improper References to TUTSA and TCPA counterclaims by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 161 MEMORANDUM in Support of #160 MOTION in Limine #3 - Exclude Improper References to Other Lawsuits or Settlements filed by Wyndham Vacation Resorts, Inc. . (Coffman, Andrew) |
| Filing 160 MOTION in Limine #3 - Exclude Improper References to Other Lawsuits or Settlements by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 159 MEMORANDUM in Support of #158 MOTION in Limine #2 - Exclude References to Extraneous Owner Complaints filed by Wyndham Vacation Resorts, Inc. . (Coffman, Andrew) |
| Filing 158 MOTION in Limine #2 - Exclude References to Extraneous Owner Complaints by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 157 MEMORANDUM in Support of #156 MOTION in Limine #1 to Exclude Evidence of Sales Practices filed by Wyndham Vacation Resorts, Inc. . (Attachments: #1 Exhibit 1 - Deposition of Charles McDowell, #2 Exhibit 2 - Deposition of Charles McDowell, #3 Exhibit 3 - Rule 30(b)(6) Deposition of Wesley Financial Group, #4 Exhibit Crye Leike Realtors v WDM Inc.)(Coffman, Andrew) |
| Filing 156 MOTION in Limine #1 to Exclude Evidence of Sales Practices by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 155 RESPONSE in Opposition re #153 MOTION for Reconsideration re #144 Order on Motion for Attorney Fees and Motion for Rule 60 Relief Based on Misrepresentation filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
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Filing 154
ORDER striking #146 Motion for Reconsideration and granting #152 Motion to Strike. Signed by Chief Judge William J. Haynes, Jr on 2/12/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)
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| Filing 153 MOTION for Reconsideration re #144 Order on Motion for Attorney Fees and Motion for Rule 60 Relief Based on Misrepresentation by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment Memorandum in Support of Motion for Rule 60 Relief From Order Based on Misrepresentation and Motion to Reconsider)(Hanson, R.) |
| Filing 152 MOTION to Strike #146 MOTION for Reconsideration re #144 Order on Motion for Attorney Fees and Motion for Rule 60 Relief Based on Misrepresentation by Wyndham Vacation Resorts, Inc.. (Hanson, R.) |
| Filing 151 RESPONSE in Opposition re #146 MOTION for Reconsideration re #144 Order on Motion for Attorney Fees and Motion for Rule 60 Relief Based on Misrepresentation filed by Charles McDowell, III, Wesley Financial Group, LLC. (McKellar, Andrea) |
| Filing 150 REPLY to Response to #137 MOTION Motion for Adverse Inference Instruction Due to Destruction or Spoliation of Evidence filed by Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit - Notice to take Depostion of 30(B)(6) Representative of Wesley Financial Group, LLC, #2 Exhibit Excerpts from Rule 30(b)(6) Deposition, #3 Exhibit Excerpts from Michael Bowling Deposition)(dt) |
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Filing 149
ORDER granting #145 Motion for Leave to File Reply. Signed by Chief Judge William J. Haynes, Jr on 1/27/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 148
ORDER granting re #147 MOTION to Continue Pre-Trial Conference filed by Wyndham Vacation Resorts, Inc. Pretrial Conference is reset for 3/28/2014, at 3:00 PM in Courtroom A859 before Chief Judge William J. Haynes Jr. Signed by Chief Judge William J. Haynes, Jr., on 1/15/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la) Modified on 1/17/2014 (la).
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| Filing 147 MOTION to Continue Pre-Trial Conference by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 146 MOTION for Reconsideration re #144 Order on Motion for Attorney Fees and Motion for Rule 60 Relief Based on Misrepresentation by Wyndham Vacation Resorts, Inc.. (Hanson, R.) |
| Filing 145 MOTION for Leave to File Reply to Defendants' Response to Motion for Adverse Inference Instruction Due to Destruction or Spoliation of Evidence re #137 MOTION Motion for Adverse Inference Instruction Due to Destruction or Spoliation of Evidence by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment Reply to Response in Opposition to Motion for Adverse Inference Instruction, #2 Exhibit Rule 30(b)(6) Notice Topics, #3 Exhibit Excerpts from Rule 30(b)(6) Deposition, #4 Exhibit Excerpts from Michael Bowling Deposition)(Hanson, R.) |
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Filing 144
ORDER granting #112 Motion for Attorney Fees. The amount of such fees will be determined by Judge Bryant. Signed by Chief Judge William J. Haynes, Jr on 1/9/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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Filing 143
ORDER: This motion (Docket Entry No. #105 ) is GRANTED only as to owners with whom the Defendants worked and where contracts have been terminated. The motion is otherwise DENIED. Signed by Chief Judge William J. Haynes, Jr on 1/7/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)
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Filing 142
ORDER: Plaintiff's motion for a protective order #115 is DENIED, and Defendants' motion to allow defendants to depose a Rule 30(b)(6) representative of Plaintiff #131 is DENIED. Signed by Chief Judge William J. Haynes, Jr on 1/6/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 141 RESPONSE in Opposition re #137 MOTION Motion for Adverse Inference Instruction Due to Destruction or Spoliation of Evidence filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 140 REPLY to Response to Motion re #128 MOTION for Summary Judgment filed by Charles McDowell, III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit Deposition Excerpt)(Hyde, Lyndsay) |
| Filing 139 REPLY to Response to Motion re #125 MOTION for Summary Judgment filed by Wyndham Vacation Resorts, Inc.. (Hanson, R.) |
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Filing 138
ORDER: Before the Court is Plaintiff's partial motion to dismiss (Docket Entry No. #114 ) requesting the Court dismiss claims of: (1) breach of fiduciary duty; (2) breach of continuing duty of loyalty; (3) civil conspiracy; and (4) theft and misappropriation. Given that Plaintiffs motion is unopposed, this motion is GRANTED. Plaintiff's claims on the grounds listed above are DISMISSED without prejudice. It is so ORDERED. Signed by Chief Judge William J. Haynes, Jr on 12/24/2013. (hb)
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| Filing 137 MOTION for Adverse Inference Instruction Due to Destruction or Spoliation of Evidence by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Bowling Deposition Excerpts, #2 Exhibit Wesley Current and Former Employee List Produced on October 17, 2012, #3 Exhibit Revised Wesley Current and Former Employee List Produced on March 11, 2013, #4 Exhibit McDowell as Rule 30(b)(6) Deposition Excerpts, #5 Exhibit McDowell Deposition Excerpts)(Hanson, R.) Modified Text on 12/18/2013 (dt). |
| Filing 136 RESPONSE to #127 Statement of Undisputed Material Facts filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) Modified Text on 12/17/2013 (dt). |
| Filing 135 RESPONSE in Opposition re #125 MOTION for Summary Judgment filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 134 RESPONSE to #130 STATEMENT of Undisputed Material Facts filed by Wyndham Vacation Resorts, Inc. (Coffman, Andrew) Modified Text on 12/17/2013 (dt). |
| Filing 133 RESPONSE in Opposition re #128 MOTION for Summary Judgment filed by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 132 RESPONSE to Motion re #131 MOTION to Take Deposition from 30(b)(6) representative of Plaintiff Wyndham Vacation Resorts, Inc. filed by Wyndham Vacation Resorts, Inc. (Hanson, R.) Modified text on 12/11/2013 (tmw). |
| Filing 131 MOTION to Take Deposition from 30(b)(6) representative of Plaintiff Wyndham Vacation Resorts, Inc. by Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 130 STATEMENT of Undisputed Material Facts filed by Charles McDowell, III, Wesley Financial Group, LLC in support of #128 Motion for Summary Judgment. (Hyde, Lyndsay) Modified Text on 11/19/2013 (dt). |
| Filing 129 MEMORANDUM in Support of #128 MOTION for Summary Judgment filed by Charles McDowell, III, Wesley Financial Group, LLC . (Attachments: #1 Attachment Baker v. Battershell, #2 Attachment Knott's Wholesale Foods, Inc. v. Azbell)(Hyde, Lyndsay) |
| Filing 128 MOTION for Summary Judgment by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 127 STATEMENT of Undisputed Facts filed by Wyndham Vacation Resorts, Inc. in support of #125 Motion for Summary Judgment. (Attachments: #1 Exhibit Ex. A - Indictment, #2 Exhibit Ex. B - Verdict Form, #3 Exhibit Ex. C Gober Deposition, #4 Exhibit Ex. D - 30(b)(6) Deposition, #5 Exhibit Ex. E - Durham Deposition, #6 Exhibit Ex. F - Bowling Deposition, #7 Exhibit Ex. G - Damewood Deposition, #8 Exhibit Ex. H - Galyon Deposition, #9 Exhibit Ex. I - Default Documents)(Coffman, Andrew) Modified Text on 11/19/2013 (dt). |
| Filing 126 MEMORANDUM in Support of #125 MOTION for Summary Judgment filed by Wyndham Vacation Resorts, Inc. . (Attachments: #1 Exhibit Ex. A - Indictment, #2 Exhibit Ex. B - Verdict Form, #3 Exhibit Ex. C Gober Deposition, #4 Exhibit Ex. D - 30(b)(6) Deposition, #5 Exhibit Ex. E - Durham Deposition, #6 Exhibit Ex. F - Bowling Deposition, #7 Exhibit Ex. G - Damewood Deposition, #8 Exhibit Ex. H - Galyon Deposition, #9 Exhibit Ex. I - Default Documents, #10 Exhibit Ex. J. - Second RPD, #11 Exhibit Chera v. Penn, #12 Exhibit McLeay v. Huddleston)(Coffman, Andrew) |
| Filing 125 MOTION for Summary Judgment by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 124 REPLY to Response to Motion re #115 MOTION for Protective Order filed by Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1 - Declaration of R. Douglas Hanson, #2 Exhibit 2 - Declaration of Andrew W. Coffman, #3 Exhibit 3 - Deposition Transcript of Charles McDowell (no show), #4 Exhibit 4 - E-mail correspondence, dated 9/12/2013)(hb) |
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Filing 123
ORDER granting #122 Motion for Leave to File a Reply. Signed by Magistrate Judge John S. Bryant on 11/5/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 11/5/2013 (hb).
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| Filing 122 Motion for Leave to File Reply to #120 Defendants' Response in Opposition to Motion for Protective Order by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment Reply to Response to Motion for Protective Order, #2 Exhibit Exhibit 1, Declaration of R. Douglas Hanson, II, #3 Exhibit Exhibit 2, Declaration of Andrew Coffman, #4 Exhibit Exhibit 3, September 12, 2013, Deposition Transcript of McDowell (No Show), #5 Exhibit Exhibit 4, September 12, 2013, email from L. Hyde to A. Coffman)(Hanson, R.) Modified text on 11/5/2013 (hb). |
| Filing 121 NOTICE of Filing by Wyndham Vacation Resorts, Inc. re #118 Response in Opposition to Motion,, Notice of Filing of Declaration of Cesar Correia in Support of Plaintiff's Response in Opposition to Defendants Motion for Fees and Confirming Defendants' NonCompliance with February 5 Order Resulted in Spoliation of Evidence (Attachments: #1 Exhibit Declaration of Ceasar Correia, #2 Exhibit Excerpts of Deposition of Michael Bowling)(Hanson, R.) |
| Filing 120 RESPONSE in Opposition re #115 MOTION for Protective Order filed by Charles McDowell, III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit Email correspondence between S. Webb and A. Coffman, #2 Exhibit September 4-5 Email correspondence between counsel, #3 Exhibit September 13 Email correspondence between counsel, #4 Exhibit Collective Email correspondence between counsel)(Hyde, Lyndsay) |
| Filing 119 NOTICE by Wyndham Vacation Resorts, Inc. re #118 Response in Opposition to Motion,, Notice of Correction to (DE 118) Response in Opposition to Motion for Attorney's Fees (Attachments: #1 Attachment Amended/Corrected Response in Opposition to Defendants' Motion ofr Attorney's Fees and Expenses, #2 Exhibit Exhibit 1, August 23 email Acknowledging Non-Compliance with Order, #3 Exhibit Exhibit 2, October email Acknowledging Non-Compliance with Orde, #4 Exhibit Exhibit 3, February 22 email Regarding Agreement to Identify Robo-Caller Employee, #5 Exhibit Exhibit 4, March 4 email Memorializing Agreement to Identify Robo-Caller Employee, #6 Exhibit Exhibit 5, Report from Process Server Regarding Bowling Evading Service and Intimidating Process Server)(Hanson, R.) |
| Filing 118 RESPONSE in Opposition re #112 MOTION for Attorney Fees filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit August 22 email from L. Hyde Confirming Non-Compliance with Order, #2 Exhibit October 22 email from L. Hyde Confirming Non-Compliance with Order, #3 Exhibit February 22 email Regarding Agremenet to ID Robo-Caller Voice, #4 Exhibit March 4 email Memorializing Agreement to Identify ROBO-Caller Voice, #5 Exhibit Report from Process Server Regarding Bowling Evading Service and Intimidating Process Server)(Hanson, R.) |
| Filing 117 NOTICE by Wyndham Vacation Resorts, Inc. re #116 Memorandum in Support, Notice of Correction (Attachments: #1 Exhibit A - Corrected Version of Docket Entry 116)(Coffman, Andrew) |
| Filing 116 MEMORANDUM in Support of #115 MOTION for Protective Order filed by Wyndham Vacation Resorts, Inc. . (Attachments: #1 Exhibit 1 - August 8 E-mail from Counsel, #2 Exhibit 2 - August 13 E-mail from Counsel, #3 Exhibit 3 - August 23 E-mail from Counsel, #4 Exhibit 4 - September 4 E-mail from Counsel, #5 Exhibit 5 - Rule 30(b(6) Notice, #6 Exhibit 6 - October 7 E-mail from Counsel)(Coffman, Andrew) |
| Filing 115 MOTION for Protective Order by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 114 MOTION to Dismiss Without Prejudice Plaintiff's Theories of Civil Conspiracy, Breach of Fiduciary Duty, Breach of Continuing Duty of Loyalty and Theft and Misappropriation by Wyndham Vacation Resorts, Inc.. (Hanson, R.) |
| Filing 113 MEMORANDUM in Support of #112 MOTION for Attorney Fees filed by Charles McDowell, III, Wesley Financial Group, LLC . (Hyde, Lyndsay) |
| Filing 112 MOTION for Attorney Fees by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
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Filing 111
ORDER denying #100 Plaintiff's motion for modification of the case managementorder without prejudice to Plaintiff's right to seek a continuance of the trial from the Chief Judge. It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 9/9/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)
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| Filing 110 Defendants' RESPONSE in Opposition to Plaintiff's re #105 MOTION for Relief from Order of February 5, 2013, filed by Charles McDowell, III, and Wesley Financial Group, LLC. (Attachments: #1 Exhibit Affidavits of WFG clients)(Hyde, Lyndsay) Modified text on 9/9/2013 (la). |
| Filing 109 SUBPOENA issued to Roxanne Freers Durham Document Production and returned executed on 08/28/2013 as to Roxanne Freers Durham Document Production by Wyndham Vacation Resorts, Inc. (Hanson, R.) |
| Filing 108 SUBPOENA issued to Roxanne Freers Durham and returned executed on 08/28/2013 as to Roxanne Freers Durham by Wyndham Vacation Resorts, Inc. (Hanson, R.) |
| Filing 107 SUBPOENA issued to Michael Bowling Document Production and returned executed on 08/26/2013 as to Michael Bowling Document Production by Wyndham Vacation Resorts, Inc. (Hanson, R.) |
| Filing 106 SUBPOENA issued to Michael Bowling and returned executed on 08/26/2013 as to Michael Bowling by Wyndham Vacation Resorts, Inc. (Hanson, R.) |
| Filing 105 MOTION for Relief from Order of February 5, 2013, Order that Prohibits Wyndham from Calculating Damages and is Impeding Discovery filed by Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit February 5, 2013, Order, #2 Exhibit Affidavit of Derek Milholland, #3 Exhibit Affidavit of Rhonda Shulke)(Hanson, R.) Modified text on 8/26/2013 (la). |
| Filing 104 SUPPLEMENT filed by Wyndham Vacation Resorts, Inc. re #100 Motion for Extension of Time to Complete Discovery,,, #103 Response to Motion. (Attachments: #1 Exhibit Report of Process Server Regarding Witness Evading Service and Needing Police Escort)(Hanson, R.) |
| Filing 103 RESPONSE to Motion re #100 MOTION for Extension of Time to Complete Discovery filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
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Filing 102
ORDER: Plaintiff has filed its "Motion To Compel Compliance With Court Order Of February 5, 2013" (Docket Entry No. #94 ). Plaintiff's motion to compel compliance (Docket Entry No. #94 ) is DENIED without prejudice to plaintiff's right to refile such a motion following a face-to-face, in-person meeting between counsel at which each particular item sought by a motion to compel is discussed. In addition, such a motion to compel shall be accompanied by a joint statement including each party's position with regard to any item of discovery upon which agreement has not been reached. It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 8/1/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)
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| Filing 101 NOTICE of Filing by Wyndham Vacation Resorts, Inc. re #95 Response in Opposition to Motion, #94 MOTION to Compel Compliance with Order of February 5, 2013, #99 Reply to Response to Motion. (Attachments: #1 Attachment Affidavit of Robin Phillips)(Hanson, R.) Modified text on 8/1/2013 (la). |
| Filing 100 MOTION for Extension of Time to Complete Discovery by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Correspondence between counsel, #2 Exhibit Correspondence between counsel, #3 Exhibit PI Reports on efforts to locate Michael Bowling, #4 Exhibit Inovice related to efforts to locate Michael Bolwing, #5 Exhibit Affidavit of Derek Milholland, #6 Exhibit Affidavit of Robin Phillips, #7 Exhibit Text Messages of Wesley attempting to purchase Wyndham leads from Wyndham employee, #8 Exhibit PI reports on efforts to locate former Wesley employee, #9 Exhibit Invoice for efforts to locate former Wesley employee, #10 Exhibit PI reports on efforts to locate former Wesley employee, #11 Exhibit Invoice for efforts to locate former Wesley employee, #12 Exhibit Declaration of Amanda Bridges, #13 Exhibit 2nd Declaration of Amanda Bridges, #14 Exhibit Excerpts from Wesley 30(b)(6) deposition)(Hanson, R.) |
| Filing 99 REPLY to Response to Motion re #94 MOTION to Compel Compliance with Order of February 5, 2013 filed by Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit 1 - Wesley 30(b) (6) excerpts, #2 Exhibit 2 January 15, 2013 Skip Trace Efforts to Locate former Employee of Defendant, #3 Exhibit 3 Private Investigator Bill to Locate Former Employee of Defendant, #4 Exhibit 4 Private Investigator Bill to Locate Undisclosed Wesley Employee, #5 Exhibit 5 Invoice for unsuccessful effort to locate former employee of Defendant, #6 Exhibit 6 Correspondence requesting assistance to locate employee before hiring PI, #7 Exhibit 7 Correspondence requesting assistance before hiring PI to locate Defendant, #8 Exhibit 8 Defendants' Auto Dialer message 1, #9 Exhibit 9 Defendant's Auto Dialer message 2, #10 Exhibit 10 Approximately 30 correspondence trying to resolve discovery issues, #11 Exhibit 11 Text messages from Wesley employee seeking to buy Wyndham leads, #12 Exhibit 12 Mick Gaylon Deposition excerpts, #13 Exhibit Declaration of Derek Millholland, #14 Exhibit 14 Brit Gober Deposition excerpts). (la) Modified on 7/12/2013 (la). |
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Filing 98
ORDER granting #97 Motion for Leave to Reply to Defendants' Response to Motion to Compel Compliance With Court Order of February 5, 2013. Signed by Magistrate Judge John S. Bryant on 7/9/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)
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| Filing 97 MOTION for Leave to re #95 Response in Opposition to Motion, #94 MOTION to Compel Compliance with Order of February 5, 2013 to file a Reply to Defendants' Response to Motion to Compel Complaince with Order of February 5, 2013 by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment Reply to Defendants' Response to Motion To Compel Compliance with Court Order of February 5, 2013, #2 Exhibit Wesley 30(b)(6) excerpts, #3 Exhibit January 15, 2013, Skip Trace Efforts to Locate former Employee of Defendant, #4 Exhibit Private Investigator Bill to Locate Former Employee of Defendant, #5 Exhibit Private Investigator Bill to LOcate Undisclosed Wesley Employee, #6 Exhibit Invoice for unsuccessful effort to locate former employee of Defendant, #7 Exhibit Correspondence requesitng assisatnce to locate employee before hiring PI, #8 Exhibit Correspondence requesting assistance before hiring PI to locate Defendant's employee, #9 Exhibit Defendants' Auto Dialer message 1, #10 Exhibit Defendants' Auto Dilaer message 2, #11 Exhibit Approximately 30 correspondence trying to resolve discovery issues, #12 Exhibit Text messages from Wesley employee seeking to buy Wyndham leads, #13 Exhibit Mick Gaylon Deposition excerpts, #14 Exhibit Declaration of Derek Millholland, #15 Exhibit Brit Gober Deposition excerpts)(Hanson, R.) |
| Filing 96 NOTICE of Filing by Charles McDowell, III, Wesley Financial Group, LLC re #95 Response in Opposition to Motion (Attachments: #1 Exhibit Exhibit 1 to Defendants' Response in Opposition to Plaintiff's Motion to Compel)(Hyde, Lyndsay) |
| Filing 95 RESPONSE in Opposition re #94 MOTION to Compel Compliance with Order of February 5, 2013 filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 94 MOTION to Compel Compliance with Order of February 5, 2013 by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment Memorandum in Support of Motion to Compel Compliance with Order of February 5, 2013, #2 Exhibit Consumer Advocate Site warnings, #3 Exhibit Press Release announcing opening of Pigeon Forge Office, #4 Exhibit FAQ script, #5 Exhibit Transcript excerpt of March 22, 2013, Hearing, #6 Exhibit Lead Sheets, #7 Exhibit Sales Consultant Script, #8 Exhibit Script for Recording Customer Complaints, #9 Exhibit Script for overcoming objections, #10 Exhibit Script for FAQ, #11 Exhibit ABC's of closing, #12 Exhibit Script for Complaints, #13 Exhibit Wesley 30(b)(6) Deposition excerpts)(Hanson, R.) |
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Filing 93
CASE MANAGEMENT ORDER No. 2: Jury Trial set for 4/8/2014 at 9:00 AM before Chief Judge William J. Haynes Jr. Pretrial Conference set for 3/24/2014 at 3:00 PM before Chief Judge William J. Haynes Jr. Proposed Pretrial Order due by 3/14/2014. Signed by Chief Judge William J. Haynes, Jr on 5/3/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Minute Entry for proceedings held before Magistrate Judge John S. Bryant: Telephone Discovery Conference held on 5/2/2013. Counsel may file a discovery motion. (tm) |
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Filing 92
AMENDED CASE MANAGEMENT ORDER: Discovery due by 9/13/2013. Dispositive Motions due by 11/15/2013. Jury Trial is reset for 4/8/2014 at 9:00 AM before Chief Judge William J. Haynes Jr.. Pretrial Conference is reset for 3/24/2014 at 3:00 PM before Chief Judge William J. Haynes Jr. Signed by Magistrate Judge John S. Bryant on 5/1/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 91 NOTICE OF CORRECTION by Wyndham Vacation Resorts, Inc. re #90 MOTION for Modification of the Case Management Order (Attachments: #1 Exhibit Ex. A Corrected Unopposed Motion for Modification, #2 Exhibit Ex. B - Corrected Proposed Amended Case Management Order)(Coffman, Andrew) Modified Text on 4/23/2013 (dt). |
| Filing 90 MOTION for Modification of the Case Management Order by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Proposed Order)(Hanson, R.) Modified Text on 4/23/2013 (dt). |
| Filing 89 Transcript filed for dates of 3/22/13 before Judge William J. Haynes Jr.. Court Reporter/Transcriber: Brian Ratekin, 615-726-2737, bvratekin@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 4/1/2013. Redaction Request due 4/15/2013. Redacted Transcript Deadline set for 4/25/2013. Release of Transcript Restriction set for 6/24/2013. (dt) |
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Filing 88
ORDER REFERRING CASE to Magistrate Judge John S. Bryant. Signed by Chief Judge William J. Haynes, Jr on 3/22/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing 87
ORDER denying #84 Motion for Sanctions. For reasons stated in open court, the motion is DENIED without prejudice to renew. Signed by Chief Judge William J. Haynes, Jr on 3/22/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Filing 86 Minute Entry for proceedings held before Chief Judge William J. Haynes, Jr: Case Management Conference held on 3/22/2013. This action will be referred to the magistrate judge. (Court Reporter Brian Ratekin.) (Scarbrough, Alex) |
| Filing 85 MEMORANDUM in Support of #84 MOTION for Sanctions filed by Wyndham Vacation Resorts, Inc. . (Attachments: #1 Exhibit Ex. A - E-mail from Andrea Mckellar, #2 Exhibit Ex. B. - E-mail from Doug Hanson, #3 Exhibit Ex. C - Rule 30(b)(6) Notice, #4 Exhibit Ex. D - E-mail from Andrea McKellar, #5 Exhibit Ex. E - E-mail from Andrew Coffman, #6 Exhibit Ex. F - Transcript of Rule 30(b)(6) Deposition, #7 Exhibit Ex. G. - Letter Regarding Document Production, #8 Exhibit Ex. H - E-mail from Lyndsay Hyde, #9 Attachment Staples v. Potter, #10 Attachment Martin v. City of Memphis)(Coffman, Andrew) |
| Filing 84 MOTION for Sanctions by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 83 ANSWER to #58 Counterclaim by Wyndham Vacation Resorts, Inc..(Coffman, Andrew) Modified Text on 3/15/2013 (dt). |
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Filing 82
ORDER granting #81 MOTION to Continue Initial Case Management Conference. Initial Case Management Conference reset for 3/22/2013 at 4:30 PM before Chief Judge William J. Haynes Jr. Signed by Chief Judge William J. Haynes, Jr on 3/14/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 81 MOTION to Continue Case Management Conference by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
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Filing 80
ORDER: Pltf's #77 MOTION for a Subsequent Case Management Conference is GRANTED. The conference is set for 4:30 p.m. on 3/15/13 in Courtroom A859 before Chief Judge William J. Haynes, Jr. Signed by Chief Judge William J. Haynes, Jr. on 3/11/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(rd)
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Filing 79
ORDER: In accordance with the Memorandum filed herewith, the Plaintiff's motion to dismiss Defendants' counterclaims #68 is GRANTED in part and DENIED in part. Defendants' requests for declaratory judgment and claim for unfair competition are DISMISSED with prejudice. Signed by Chief Judge William J. Haynes, Jr on 2/28/13. (Attachments: #1 Text Search Order) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 78 MEMORANDUM. Signed by Chief Judge William J. Haynes, Jr on 2/28/13. (Attachments: #1 Text Search Memo)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) |
| Filing 77 MOTION for a Subsequent Case Management Conference by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
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Filing 76
ORDER: Before the Court is the Plaintiff's, Wyndham Vacation Resorts, Inc., and Defendants's, Wesley Financial Group, LLC and Charles McDowell, III, joint discovery statement #72 . Upon review of the joint discovery statement, the following discovery is granted or denied. Signed by Chief Judge William J. Haynes, Jr on 2/5/13. (Attachments: #1 Text Searchable)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 75
ORDER: This Motion for Modification of the Case Management Order #73 is Granted for the time requested from the dates on this Order. Signed by Chief Judge William J. Haynes, Jr on 1/22/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 74 MEMORANDUM in Support of #73 MOTION for Modification of the Case Management Order filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Proposed Amended Case Management Order)(Coffman, Andrew) Modified Text on 1/22/2013 (dt). |
| Filing 73 MOTION for Modification of the Case Management Order by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) Modified Text on 1/22/2013 (dt). |
| Filing 72 JOINT Statement of Discovery Dispute Regarding Interrogatories. (Attachments: #1 Exhibit McDowell's Answers to First Set of Interrogatories, #2 Exhibit Wesley's Answers to First Set of Interrogatories)(Coffman, Andrew) |
| Filing 71 JOINT Statement of Discovery Dispute Regarding Request for Production of Documents. (Attachments: #1 Exhibit McDowells Responses to First Request for Production of Documents, #2 Exhibit Wesley's Responses to First Requests for Production of Documents)(Coffman, Andrew) |
| Filing 70 RESPONSE in Opposition re #68 MOTION to Dismiss filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 69 MEMORANDUM in Support of #68 MOTION to Dismiss filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Criminal Indictment, #2 Exhibit Rose v. Cookeville Regional, #3 Exhibit Gallagher v. The E.W. Scripps Co., #4 Exhibit Johnson v. Carnes, #5 Exhibit Anderson v. The Watchtower Bible and Tract Society of N.Y., Inc.)(Coffman, Andrew) |
| Filing 68 MOTION to Dismiss by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
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Filing 67
ORDER denying #62 Motion to Stay Discovery. Signed by Chief Judge William J. Haynes, Jr on 12/10/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 66 RESPONSE in Opposition re #62 MOTION to Stay Discovery filed by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
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Filing 64
ORDER denying w/out prejudice the #44 Motion for Summary Judgment. Signed by Chief Judge William J. Haynes, Jr on 12/3/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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Filing 65
ORDER denying #60 Motion for Modification of CMO. Signed by Chief Judge William J. Haynes, Jr on 12/3/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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| Filing 63 MEMORANDUM in Support of #62 MOTION to Stay Discovery filed by Charles McDowell, III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit Plaintiff's 2011 Form 10-K, #2 Exhibit Correspondence between Counsel, #3 Exhibit Unpublished Cases)(Hyde, Lyndsay) |
| Filing 62 MOTION to Stay Discovery by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Minute Entry for proceedings held before Chief Judge William J. Haynes, Jr: Discovery Hearing held on 12/3/2012. Counsel is to resubmit a joint discovery statement. (Court Reporter Peggy Turner.) (Scarbrough, Alex) |
| Filing 61 MEMORANDUM in Support of #60 MOTION for Modification of the Case Management Order Pursuant to Local Rule 16.01(d)(4)(b) filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Ex. 1 - Proposed Amended Scheduling/Case Management Order)(Coffman, Andrew) Modified Tex on 12/3/2012 (dt). |
| Filing 60 MOTION for Modification of the Case Management Order Pursuant to Local Rule 16.01(d)(4)(b) by Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit Ex 1 - Proposed Amended Scheduling/Case Management Order)(Coffman, Andrew) Modified Text on 12/3/2012 (dt). |
| Filing 59 NOTICE of Filing by Charles McDowell, III, Wesley Financial Group, LLC re #58 Answer to Amended Complaint, Counterclaim (Attachments: #1 Exhibit Letter from Wyndham 11/7/2012, #2 Exhibit Email Regarding Scambusters Update)(McKellar, Andrea) |
| Filing 58 AMENDED ANSWER to #33 First Amended Complaint and COUNTERCLAIM against Wyndham Vacation Resorts, Inc. by Charles McDowell, III and Wesley Financial Group, LLC.(dt) |
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Filing 57
ORDER granting #55 Motion to Amend Answer and Assert Counterclaim. Signed by Chief Judge William J. Haynes, Jr on 11/29/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 56 MEMORANDUM in Support of #55 First MOTION to Amend/Correct Answer and Assert Counterclaim filed by Charles McDowell, III, Wesley Financial Group, LLC. (McKellar, Andrea) |
| Filing 55 First MOTION to Amend/Correct Answer and Assert Counterclaim by Charles McDowell, III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit Amended Answer to First Amended Complaint and Counterclaim)(McKellar, Andrea) |
| Filing 54 RESPONSE in Opposition re #44 MOTION for Summary Judgment filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Transcript of New Jersey Action, #2 Exhibit B - Rule 56 Declaration of Andrew W. Coffman, #3 Exhibit C - Defendants' Full Document Production, #4 Exhibit D - Declaration of Derek Milholland, #5 Exhibit E - Declaration of Amanda Bridges, #6 Exhibit F - Declaration of Rhonda Schulke, #7 Exhibit G - Declaration of Amanda Bridges, #8 Exhibit H - Declaration of Rhonda Schulke, #9 Exhibit I - Wesley Financial Group Press Release)(Coffman, Andrew) |
| Filing 53 RESPONSE filed by Wyndham Vacation Resorts, Inc. to #46 Statement of Undisputed Material Facts filed by Wesley Financial Group, LLC, Charles McDowell, III and Counterstatement of Undisputed Material Facts. (Coffman, Andrew) Modified Text on 11/27/2012 (dt). |
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Filing 52
ORDER: Discovery Conference is set for 12/3/2012 at 4:30 PM before Chief Judge William J. Haynes Jr. Signed by Chief Judge William J. Haynes, Jr on 11/21/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 51 DISCOVERY STATEMENT by Charles McDowell, III, Wesley Financial Group, LLC.(Hyde, Lyndsay) Modified Text on 11/19/2012 (dt). |
| Filing 50 DISCOVERY STATEMENT by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Defendants' Initial Disclosures, #2 Exhibit B - Wesley's Revised Initial Disclosures, #3 Exhibit B - McDowell's Revised Initial Disclosures, #4 Exhibit C - McDowell's Responses to RPDs, #5 Exhibit D - Wesley's Responses to RPDs, #6 Exhibit E - McDowell's Responses to Interrogatories, #7 Exhibit F - Wesley's Responses to Interrogatories)(Coffman, Andrew) Modified Text on 11/19/2012 (dt). |
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Filing 49
ORDER: For the reasons stated in open court, pltf's #26 Motion to Strike Defts' Objection to Written Discovery or Deem Objections Waived and to Compel Responses/Production is DENIED without prejudice. Signed by Chief Judge William J. Haynes, Jr. on 11/13/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(rd)
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Filing 48
ORDER: For the reasons stated in open court, pltf's #24 Motion to Prohibit Defts from Relying Upon Any Witnesses, Documents or Evidence in Support of its Claims or Defenses is DENIED without prejudice. Signed by Chief Judge William J. Haynes, Jr. on 11/13/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(rd)
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| Filing 47 ANSWER to #33 Amended Complaint, by Charles McDowell, III, Wesley Financial Group, LLC.(Hyde, Lyndsay) |
| Filing 46 STATEMENT of Undisputed Material Facts filed by Charles McDowell, III, Wesley Financial Group, LLC in support of #44 Motion for Summary Judgment. (Hyde, Lyndsay) Modified Text on 11/5/2012 (dt). |
| Filing 45 MEMORANDUM in Support of #44 MOTION for Summary Judgment filed by Charles McDowell, III, Wesley Financial Group, LLC. (Attachments: #1 Attachment Baker v. Battershell, #2 Attachment Knott's v. Azbell)(Hyde, Lyndsay) |
| Filing 44 MOTION for Summary Judgment by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Minute Entry for proceedings held before Chief Judge William J. Haynes, Jr: Case Management Conference held on 11/2/2012. The Court denied the Plaintiff's motions to strike (Docket Entry No. 24 and 26). Parties are ordered to confer within a week from today, and to file a joint discovery statement by Tuesday, November 13, 2012. (Court Reporter Peggy Turner.) (Scarbrough, Alex) |
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Filing 43
ORDER: This MOTION for a Case Management Conference #42 is Granted. Case Management Conference is set for 11/2/2012 at 4:30 PM before Chief Judge William J. Haynes Jr. Signed by Chief Judge William J. Haynes, Jr on 10/23/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 42 MOTION For a Case Management Conference Pursuant to Local Rule 16.01(d)(3) by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 41 REPLY to Response to #26 MOTION to Strike Objections and to Compel Production of Documents filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Letter dated 9/5/2012, #2 Exhibit B - Email dated 9/11/2012, #3 Exhibit C - Criminal Complaint, #4 Exhibit D - Discovery Orders, #5 Exhibit E - Discovery Orders, #6 Exhibit F - Deposition of Adam Lacerda)(dt) |
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Filing 40
ORDER granting #39 Motion for Leave to File a Reply. Signed by Chief Judge William J. Haynes, Jr on 10/22/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 39 MOTION for Leave to Leave to File Reply In Support of Plaintiff's Motion to Strike Objections and Compel Production of Documents by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Proposed Reply in Support, #2 Exhibit Ex. A - Correspondence, #3 Exhibit Ex. B - E-mail Correspondence, #4 Exhibit Ex. C - Criminal Complaint, #5 Exhibit Ex. D - Discovery Orders, #6 Exhibit Ex. E - Discovery Orders, #7 Exhibit Ex. F - Deposition)(Coffman, Andrew) |
| Filing 38 REPLY to Response to #24 MOTION to Strike Witnesses, Documents and Evidence not Raised by Defendants' Initial Disclosures filed by Wyndham Vacation Resorts, Inc. (dt) |
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Filing 37
ORDER granting #36 Motion for Leave to File Reply. Signed by Chief Judge William J. Haynes, Jr on 10/18/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 10/19/2012 (dt).
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| Filing 36 MOTION for Leave to File a Reply in Support of Plaintiff's Motion to Prohibit Defendants from Relying Upon Any Witnesses, Documents, or Evidence In Support of Its Claims or Defenses by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Wyndham's Proposed Reply)(Coffman, Andrew) |
| Filing 35 RESPONSE in Opposition re #26 MOTION to Strike Defendants' Objections to Written Discovery or Deem Objections Waived and to Compel filed by Charles McDowell, III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit A - Letter, #2 Exhibit B - E-mail)(McKellar, Andrea) |
| Filing 34 RESPONSE in Opposition re #24 MOTION to Strike Witnesses, Documents and Evidence not Raised by Defendants' Initial Disclosures filed by Charles McDowell, III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit Defendants' Amended Initial Disclosures, #2 Exhibit Wyndham's Initial Disclosure)(Hyde, Lyndsay) |
| Filing 33 AMENDED COMPLAINT against All Defendants, filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Ex. A - Wyndham Business Principles, #2 Exhibit Ex. B - McDowell Sales Person Agreement, #3 Exhibit Ex. C. Wesley Financial Group Website Printout, #4 Exhibit Ex. D - Cease and Desist Letter, #5 Exhibit Ex. E - Deposition Transcript)(Coffman, Andrew) |
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Filing 32
ORDER granting #30 Motion to Amend Complaint. Signed by Chief Judge William J. Haynes, Jr on 10/12/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 31 MEMORANDUM in Support of #30 MOTION to Amend/Correct Complaint filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Unpublished Opinion - Deeley v. Genesis Healthcare Corp., #2 Exhibit Unpublished Opinion - Google, Inc. v. Affinity Engines, Inc.)(Coffman, Andrew) |
| Filing 30 MOTION to Amend/Correct Complaint by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit Ex. A to Amended Complaint - Wyndham Business Principles, #3 Exhibit Ex. B to Amended Complaint - McDowell Salesperson Agreement, #4 Exhibit Ex. C to Amended Complaint - Wesley Financial Group Website Printout, #5 Exhibit Ex. D to Amended Complaint - Cease and Desist Letter, #6 Exhibit Ex. E to Amended Complaint - Deposition Transcript, #7 Exhibit Unpublished Case - Deeley v. Genesis Healthcare Corp., #8 Exhibit Unpublished Case - Google, Inc. v. Affinity Engines, Inc.)(Coffman, Andrew) |
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Filing 29
ORDER: This action has been reassigned to the Honorable William J. Haynes, Jr., upon the Order entered by Honorable John T. Nixon on 10/5/2012, #28 . Absent further orders, there will be no further proceedings before the undersigned. Judge Magistrate Judge E. Clifton Knowles no longer assigned to case. Signed by Magistrate Judge E. Clifton Knowles on 10/9/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 28
ORDER: The Motion to Reassign Case #20 is Granted; this action is hereby Transferred to Judge Haynes for further proceedings. Signed by Senior Judge John T. Nixon on 10/5/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 27 MEMORANDUM in Support of #26 MOTION to Strike Defendants' Objections to Written Discovery or Deem Objections Waived and to Compel filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 9/25/2012 Correspondence, #2 Exhibit 9/25/2012 Correspondence, #3 Exhibit 9/28/2012 E-mail, #4 Exhibit 9/28/2012 E-mail, #5 Exhibit 10/01/2012 E-mail, #6 Exhibit 10/01/2012 E-mail, #7 Exhibit 10/01/2012 E-mail, #8 Exhibit 10/01/2012 E-mail, #9 Exhibit 10/01/2012 E-mail, #10 Exhibit 10/01/2012 E-mail, #11 Exhibit McDowell's Responses to First Request for Inspection of Documents and ESCI and First Request for Production of Documents and ESI, #12 Exhibit Wesley's Responses to First Request for Inspection of Documents and ESCI and First Request for Production of Documents and ESI, #13 Exhibit McDowell's Responses to First Set of Interrogatories, #14 Exhibit Wesley's Responses to First Set of Interrogatories, #15 Proposed Order)(Coffman, Andrew) |
| Filing 26 MOTION to Strike Defendants' Objections to Written Discovery or Deem Objections Waived and to Compel by Wyndham Vacation Resorts, Inc.. (Coffman, Andrew) |
| Filing 25 MEMORANDUM in Support of #24 MOTION to Strike Witnesses, Documents and Evidence not Raised by Defendants' Initial Disclosures filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1 - Defendants' Initial Disclosures, #2 Exhibit 2 - Deficiency Letter Sent to Defendants)(Coffman, Andrew) |
| Filing 24 MOTION to Strike Witnesses, Documents and Evidence not Raised by Defendants' Initial Disclosures by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Defendants' Initial Disclosures, #2 Exhibit Deficiency Letter to Defendants)(Coffman, Andrew) |
| Filing 23 RESPONSE to Motion re #20 MOTION to Reassign Case filed by Charles McDowell, III, Wesley Financial Group, LLC. (Hyde, Lyndsay) |
| Filing 22 NOTICE of Appearance by R. Eddie Wayland on behalf of Wyndham Vacation Resorts, Inc. (Wayland, R.) |
| Bar status for attorney R. Douglas Hanson II of TN verified as active this date. (dt) |
| Filing 21 MEMORANDUM in Support of #20 MOTION to Reassign Case filed by Wyndham Vacation Resorts, Inc.. (Wayland, R.) |
| Filing 20 MOTION to Reassign Case by Wyndham Vacation Resorts, Inc.. (Wayland, R.) |
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Filing 19
CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 11/28/2012. Discovery due by 1/18/2013. Dispositive Motions due by 3/15/2013. Jury Trial set for 8/13/2013 at 9:00 AM before Senior Judge John T. Nixon. Pretrial Conference set for 8/2/2013 at 10:00 AM before Senior Judge John T. Nixon. Signed by Magistrate Judge E. Clifton Knowles on 8/28/12. (dt)
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| Minute Entry for proceedings held before Magistrate Judge E. Clifton Knowles: Initial Case Management Conference held on 8/23/2012. Order to enter. (Tape #2012-27 MK.) (hv) |
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Filing 18
ORDER denying #5 Motion to Expedite. Signed by Magistrate Judge E. Clifton Knowles on 8/15/2012. (hb)
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Filing 17
ORDER: Initial Case Management Conference reset for 8/23/2012 at 10:30 AM before Magistrate Judge E. Clifton Knowles. Signed by Magistrate Judge E. Clifton Knowles on 7/19/12. (dt)
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| Filing 16 PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Coffman, Andrew) |
| Filing 15 REPLY to Response to #5 MOTION to Expedite Discovery filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A to Reply - TRO in case 3:10-cv-01028, #2 Exhibit B to Reply - Memorandum Opinion in case 3:10-cv-01028, #3 Exhibit C to Reply - Tennessee Guardrail v. State of Tennessee, #4 Exhibit D to Reply - Sipra Mitra v. State Bank of India, #5 Exhibit E to Reply - Whitfield v. Hochsheid, #6 Exhibit F to Reply - Giltnane v. Tennessee Valley Authority, #7 Exhibit G - In re Paradise Valley Holdings, #8 Exhibit H to Reply - Xerox v. O'Dowd)(dt) |
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Filing 14
ORDER granting #12 Motion for Leave to File a Reply. Signed by Magistrate Judge E. Clifton Knowles on 7/9/12. (dt)
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| Filing 13 Amended ANSWER to #1 Complaint,,, by Charles McDowell, III, Wesley Financial Group, LLC.(McKellar, Andrea) |
| Filing 12 MOTION for Leave to To File Reply re #10 Response in Opposition to Motion, by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Plaintiff's Motion for Expedited Discovery, #2 Exhibit A to Reply - TRO in case 3:10-cv-01028, #3 Exhibit B to Reply - Memorandum Opinion in case 3:10-cv-01028, #4 Exhibit Exhibit C to Reply - Tennessee Guardrail v. State of Tennessee, #5 Exhibit Exhibit D to Reply - Sipra Mitra v. State Bank of India, #6 Exhibit Exhibit E to Reply - Whitfield v. Hochsheid, #7 Exhibit Exhibit F to Reply - Giltnane v. Tennessee Valley Authority, #8 Exhibit Exhibit G - In re Paradise Valley Holdings, #9 Exhibit Exhibit H to Reply - Xerox v. O'Dowd)(Coffman, Andrew) |
| Filing 11 ANSWER to #1 Complaint,,, by Charles McDowell, III, Wesley Financial Group, LLC.(Hyde, Lyndsay) |
| Filing 10 RESPONSE in Opposition re #5 MOTION to Expedite Discovery filed by Charles McDowell, III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit Affidavit of Charles McDowell, #2 Exhibit Deposition of J. Monaweck, #3 Exhibit Agreed Order re: Preliminary Injunction)(Hyde, Lyndsay) |
| Bar status for attorneys Andrea Taylor McKellar and Lyndsay Smith Hyde of TN verified as active this date. (dt) |
| Filing 9 NOTICE of Appearance by Lyndsay Smith Hyde and Andrea Taylor McKellar on behalf of Charles McDowell, III and Wesley Financial Group, LLC. (Hyde, Lyndsay) Modified Text on 6/19/2012 (dt). |
| Filing 8 SUMMONS returned executed by Wyndham Vacation Resorts, Inc.. Wesley Financial Group, LLC served on 6/6/2012. (Coffman, Andrew) |
| Filing 7 SUMMONS returned executed by Wyndham Vacation Resorts, Inc.. Charles McDowell, III served on 6/11/2012. (Coffman, Andrew) |
| Filing 6 MEMORANDUM in Support of #5 MOTION to Expedite Discovery filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment 1 - Leone v. King Pharmaceuticals, #2 Attachment 2 - Mitra v. State Bank, #3 Attachment 3 - Whitfield v. Hochsheid, #4 Attachment 4 - Giltnane v. TVA, #5 Attachment 5 - In re Paradise Valley Holdings, #6 Attachment 6 - International Security v. Sawyer, #7 Attachment 7 - USEC v. Everitt, #8 Attachment 8 - Fifteenth Judicial District v. Glasgow, #9 Attachment 9 - Xerox v. O'Dowd, #10 Attachment 10 - Wells Fargo v. Bengtson)(Wayland, R.) |
| Filing 5 MOTION to Expedite Discovery by Wyndham Vacation Resorts, Inc.. (Wayland, R.) |
| Filing 4 NOTICE from USDC Clerk, regarding Corporate Disclosure Statement requirements. (dt) |
| Bar status for attorney R. Eddie Wayland and Andrew W. Coffman of TN verified as active this date. (dt) |
| Filing 3 NOTICE of Initial Case Management Conference set for 7/23/2012 at 10:30 AM before Magistrate Judge E. Clifton Knowles. (dt) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Wyndham Vacation Resorts, Inc.. (dt) |
| Filing 1 COMPLAINT against John and Jane Does 1-10, Charles McDowell, III and Wesley Financial Group, LLC (Filing fee $ 350 paid), filed by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A- Wyndham WorldWide, Business Principles, Code of Conduct for Employees, #2 Exhibit B - Salesperson Agreement (Non-California) for Charles McDowell, #3 Exhibit C - Wesley Financial Group, LLC Homepage, Timeshare Victims, #4 Exhibit D - Wesley Financial Group, LLC, Resource Center, Timeshare Calculator, #5 Exhibit E - Letter Dated 4/12/2012, to Mr. McDowell from Wyndham Vacation Ownership, #6 Exhibit F - Order from case 3:10-cv-1028, #7 Exhibit G - Complaint from the Chancery Court for Davidson County, 11-1174-IV, #8 Exhibit H - Deposition of Charles William McDowell, III, taken on 11/9/2011, in case 3:10-cv-1028, #9 Civil Cover Sheet, #10 Summons Issued)(dt) |
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