Wyndham Vacation Ownership, Inc. et al v. Vacation Transfers Unlimited, LLC et al
| SVC-Hawaii, LLC, Wyndham Vacation Resorts, Inc., Wyndham Vacation Ownership, Inc., SVC-Americana, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation and SVC-West, LLC |
| John Doe #1, Vacation Transfers Unlimited, LLC, Dean Spigner, Mortgage Wellness Solutions, LLC, John Doe #3, John Doe #2, Charles Simerka and Mortgage Wellness Solutions, LLC doing business as Legal Timeshare Aid |
| 3:2018cv01399 |
| December 27, 2018 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Jeffery S Frensley |
| Barbara D Holmes |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 121
ORDER: [T]his case has been voluntarily compromised and settled as to Plaintiffs' claims against the named Defendants, and with the Court having entered the Stipulated Final Permanent Injunction Order against Mortgage Wellness Solutions, LLC and Charles Simerka (DE #119 ), as well as the Court having entered the Stipulated Final Permanent Injunction against Vacation Transfers Unlimited, LLC and Dean Spigner (DE #118 ), and Final Judgment against Vacation Transfers Unlimited, LLC (DE #117 ), this case is DISMISSED WITH PREJUDICE against Mortgage Wellness Solutions, LLC, Charles Simerka, Vacation Transfers Unlimited, LLC, and Dean Spigner, with each party to bear its own costs, attorney fees, and expenses. The Clerk is directed to close this file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/21/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Filing 120 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendants, Mortgage Wellness Solutions, LLC, Vacation Transfers Unlimited, LLC, Charles Simerka, and Dean Spigner by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) |
|
Filing 119
STIPULATED #114 FINAL PERMANENT INJUNCTION ORDER AS TO DEFENDANTS, CHARLES SIMERKA AND MORTGAGE WELLNESS SOLUTIONS, LLC. Each party agrees to bear its own costs and attorney's fees and its portion of any court cost attendant to the entry of this Permanent Injunction. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
|
Filing 118
STIPULATED #113 FINAL PERMANENT INJUNCTION ORDER AS TO DEFENDANTS, DEAN SPIGNER AND VACATION TRANSFERS UNLIMITED, LLC: Each party agrees to bear its own costs and attorneys fees and its portion of any court cost attendant to the entry of this Permanent Injunction. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 5/24/2021 (mg).
|
|
Filing 117
FINAL JUDGMENT AGAINST DEFENDANT, VACATION TRANSFERS UNLIMITED, LLC: Upon the Joint Stipulation for Entry of Stipulated Final Permanent Injunction Order (Doc. No. #116 ) between Plaintiffs and Defendant, Vacation Transfers Unlimited, LLC, the Court finds as follows: That Plaintiffs, shall have, recover, and receive from the Defendant, Vacation Transfers Unlimited, LLC, the principal sum of Five Hundred Thousand Dollars ($500,000.00). Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/24/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Filing 116 STIPULATION (Joint) for Entry of Final Judgment Against Defendant Vacation Transfers Unlimited, LLC by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1 - Final Judgment)(Quinn, Michael) |
|
Filing 115
ORDER: On February 22, 2021, the parties filed joint stipulations for entry of final permanent injunctions. (Docket Nos. #113 and #114 .) The stipulations, upon consideration and entry by Chief Judge Crenshaw, appear to resolve all matters between the parties. Accordingly, the other pending motions the Simerka Defendants' motions to revise the order disqualifying counsel (Docket No. #94 ) and motion for a jury trial (Docket No. #104 ) are DENIED as moot without prejudice to renew as appropriate based on any further developments in the case. Signed by Magistrate Judge Barbara D. Holmes on 3/8/2021. (mg)
|
| Filing 114 STIPULATION Joint Stipulation for Entry of Stipulated Final Permanent Injunction Order by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1 - Stipulated Final Permanent Injunction Order as to Defendants, Charles Simerka and Mortgage Wellness Solutions, LLC)(Quinn, Michael) |
| Filing 113 STIPULATION Joint Stipulation for Entry of Stipulated Final Permanent Injunction Order by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1)(Quinn, Michael) |
|
Filing 112
ORDER: From discussion during the status/case management conference, and the entire record in this case, the following is ORDERED: Plaintiffs' motion for a discovery conference (Docket No. #111 ) is DENIED without prejudice. Plaintiffs and the Simerka Defendants shall continue their ongoing settlement discussions and file a joint case resolution status report by the previously-set deadline of March 1, 2021. See Docket No. #93 at 3. All other case management deadlines and provisions found in prior orders and not modified herein remain in full force and effect. Signed by Magistrate Judge Barbara D. Holmes on 1/14/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Filing 111 MOTION Discovery Conference by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1 - Discovery Requests)(Quinn, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference by Telephone held on 1/14/2021; ORDER to enter. (Tape #not recorded.) (Hearing lasted :49)(jwc) |
|
Filing 110
ORDER: Pending before the Court is the joint motion of Plaintiffs and the Simerka Defendants to modify the case management order (Docket No. 109), which additionally requests a continuance of the August 2021 trial date, and which is GRANTED IN PART AND DENIED IN PART. After consultation with Chief Judge Crenshaw, the parties' request to continue the trial (and associated pretrial deadlines) is denied. Given the current trial date, the parties' request to extend the deadline for filing dispositive motions is also denied. The parties' request to extend the deadline for completion of fact discovery is granted. Signed by Magistrate Judge Barbara D. Holmes on 1/12/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
|
| Filing 109 Joint MOTION to Amend/Correct #93 Case Management Order, Joint Motion to Modify Case Management Order by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Quinn, Michael) |
| Filing 108 REPLY to Response to re #94 MOTION Revise Order Disqualifying Defendants' Counsel re #59 Order on Motion to Disqualify Counsel,,, filed by Mortgage Wellness Solutions, LLC, Charles Simerka. (Attachments: #1 Exhibit Declaration of Charles Simerka, #2 Exhibit Declaration of Kristin Fecteau Mosher, #3 Exhibit Declaration of Greg Oakley, #4 Exhibit Law360 Article)(Oakley, Gregory) |
| Filing 107 NOTICE by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #104 MOTION to Proceed by Jury Trial (Quinn, Michael) |
|
Filing 106
ORDER: On December 14, 2020, Plaintiffs filed a response in opposition (Docket No. #103 ) to the Simerka Defendants' motion to revise order disqualifying counsel (Docket No. #94 ). By no later than December 21, 2020, the Simerka Defendants shall file a reply to Plaintiffs' response, which shall not exceed 10 pages. Additionally, the Court has reviewed the motion for jury trial filed by the Simerka Defendants and again reviewed the record in this case, and it appears that the Simerka Defendants correctly note that Plaintiffs did not file a motion to strike Defendants' jury trial demands by the originally-set date of October 30, 2020. See Docket No. #89 . If it is correct that Plaintiffs do not contest that this case may proceed to jury trial, they shall promptly file a notice of no opposition to the Simerka Defendants' motion to proceed by jury trial. Signed by Magistrate Judge Barbara D. Holmes on 12/15/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Filing 105 MEMORANDUM in Support of #104 MOTION to Proceed by Jury Trial filed by Mortgage Wellness Solutions, LLC, Charles Simerka . (Attachments: #1 Exhibit 9 30 20 email)(Oakley, Gregory) |
| Filing 104 MOTION to Proceed by Jury Trial by Mortgage Wellness Solutions, LLC, Charles Simerka. (Oakley, Gregory) |
| Filing 103 RESPONSE in Opposition re #94 MOTION Revise Order Disqualifying Defendants' Counsel re #59 Order on Motion to Disqualify Counsel,,, filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A)(Quinn, Michael) |
|
Filing 102
ORDER: On December 9, 2020, the Court entered an order (Docket No. #101 ) finding that Defendants had waived their demand for a jury trial based on Defendants not having responded to the Court's prior show cause order. (Docket No. #91 .) It has, however, come to the Court's attention that the deadline for Defendants to show cause why the jury demand should not be deemed waived does not expire until December 14, 2020. (Id.) That deadline remains fixed and no action by the Court is warranted until after that deadline expires. The Court's prior order is modified accordingly (with the Court's apology). Signed by Magistrate Judge Barbara D. Holmes on 12/10/2020. (mg)
|
|
Filing 101
ORDER: No response was filed as to the waiver of a jury demand. The Court therefore finds that the Spigner Defendants and the Simerka Defendants waived their right to a jury trial. This case shall proceed to a bench trial, as previously ordered by Chief Judge Crenshaw. See Order at Docket No. #84 . Signed by Magistrate Judge Barbara D. Holmes on 12/9/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
|
Filing 100
ORDER: Pending before the Court is Plaintiffs' unopposed motion (Docket No. #98 ) for leave to file a response to Defendants' motion to revise order disqualifying counsel (Docket No. #94 ). For the reasons discussed below, Plaintiffs' motion for leave (Docket No. #98 ) is GRANTED. Plaintiffs response shall not exceed 10 pages. Signed by Magistrate Judge Barbara D. Holmes on 12/9/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Filing 99 REPORT of Mediation filed by John Tarpley, Mediator. (***CASE DID NOT SETTLE***) (bs) |
| Filing 98 Unopposed MOTION for Leave to File Response to Defendants', Charles Simerka and Mortgage Wellness Solutions, LLC, Motion to Revise Order Disqualifying Counsel and Incorporated Memorandum of Law re #94 MOTION Revise Order Disqualifying Defendants' Counsel re #59 Order on Motion to Disqualify Counsel,,, by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Crace, Joseph) |
| Filing 97 RESPONSE TO ORDER TO SHOW CAUSE by Dean Spigner, Vacation Transfers Unlimited, LLC. (Smith, Lyndsay) |
| Filing 96 JOINT MEDIATION REPORT filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Crace, Joseph) |
| Filing 95 MEMORANDUM in Support of #94 MOTION Revise Order Disqualifying Defendants' Counsel re #59 Order on Motion to Disqualify Counsel,,, filed by Mortgage Wellness Solutions, LLC, Charles Simerka . (Attachments: #1 Exhibit ABA Informal Ethics Op 89-1529)(Oakley, Gregory) |
| Filing 94 MOTION Revise Order Disqualifying Defendants' Counsel re #59 Order on Motion to Disqualify Counsel,,, by Mortgage Wellness Solutions, LLC, Charles Simerka. (Oakley, Gregory) |
| Set Hearings: Final Case Management Conference by Telephone set for 7/8/2021 11:00 AM before Magistrate Judge Barbara D. Holmes per Order at DE #93 . (hb) |
|
Filing 93
SECOND CASE MANAGEMENT ORDER: Amended Pleadings due by 12/18/2020; Discovery due by 3/1/2021; and Dispositive Motions due by 4/14/2021. A subsequent case management conference shall be held telephonically using the Court's conference line (see Docket No. #86 ) on January 14, 2021, at 3:00 p.m. Signed by Magistrate Judge Barbara D. Holmes on 3:18cv1399. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
|
Filing 92
**DISREGARD ENTERED IN ERROR**ORDER TO SHOW CAUSE: Signed by Magistrate Judge Barbara D. Holmes on 11/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified on 11/23/2020 (am). Modified Text on 11/24/2020 (am).
|
|
Filing 91
ORDER AND ORDER TO SHOW CAUSE: After thorough review of the entire docket and filings in this case, and upon further reflection, the Court takes the following action to attempt to bring some order to this Case. 1. The Court's prior show cause order (Docket No. #90 ) is VACATED and replaced with this Order. 2. By no later than November 30, 2020, the Spigner Defendants must show cause why their requested dismissal based on some prior settlement agreement release should not be deemed waived. The show cause response must be filed in the form of a motion to proceed by jury trial, which must be filed in accordance with Local Rule 7.01, except that the briefs or memoranda of law in support of or in opposition to the motion to proceed by jury trial shall not exceed 10 pages. Signed by Magistrate Judge Barbara D. Holmes on 11/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| DISREGARD DE: 92 , ENTERED IN ERROR. (am) |
|
Filing 90
***VACATED PER ORDER #91 *** ORDER TO SHOW CAUSE: By order entered on October 22, 2020, the Court ordered the filing of two motions by no later than October 30, 2020, a motion to dismiss by the Spigner Defendants and a motion to strike jury demands by Plaintiff. (Docket No. #89 .) As of this date, no such motions have been filed. By no later than November 30, 2020, the Spigner Defendants must show cause why the requested dismissal should not be deemed waived and Plaintiff must show cause why this case should not proceed to a jury trial based on waiver of the motion to strike jury demand. In lieu of responses showing cause, the required motions may be filed by November 30, 2020, with responsive briefing and other procedural requirements governed by Local Rule 7.01. Signed by Magistrate Judge Barbara D. Holmes on 11/22/2020. (mg) Modified on 11/23/2020 (mg).
|
|
Filing 89
ORDER: After consultation with Chief Judge Crenshaw, and because of the requirement that the parties participate in mediation by no later than November 23, 2020 (see Order at Docket No. #85 ), the motion to withdraw filed by Greg Oakley, counsel of record for Defendants Charles Simerka and Mortgage Wellness Solutions.(Docket No. #88 ) is DENIED without prejudice to refiling at a time when the withdrawal of counsel will not materially impact the case. Additionally, by no later than October 30, 2020, the following motions must be filed: (1) Defendants Dean Spigner and Vacation Transfers Unlimited, LLC (the "Spigner Defendants") must file any motion to dismiss based on the settlement agreement and release previously entered into by Plaintiffs and the Spigner Defendants, which the Spigner Defendants contend bars this lawsuit against them and (2) Plaintiffs must file a motion to strike any jury demands or requests made by Defendants, which Plaintiffs contend have been waived. Responsive briefing and other procedural requirements for the motions shall be governed by Local Rule 7.01. Signed by Magistrate Judge Barbara D. Holmes on 10/22/2020. (vh)
|
| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 10/5/2020; ORDER to enter. (Tape #not recorded.) (Hearing lasted 1:00)(jwc) |
| Filing 88 MOTION to Withdraw as Attorney by Mortgage Wellness Solutions, LLC, Charles Simerka. (Oakley, Gregory) |
| Filing 87 PROPOSED CASE MANAGEMENT ORDER (Second) filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Crace, Joseph) |
|
Filing 86
ORDER: In accordance with Chief Judge Crenshaw's order of September 24, 2020 (Docket No. #85 ), a status/case management conference shall be held telephonically on October 5, 2020, at 11:30 a.m. (CT). To participate, counsel should use dial-in number 1-877-402-9753 and access code 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 9/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
|
Filing 85
ORDER REASSIGNING CASE: (1) This case is reassigned to Magistrate Judge Barbara Holmes for further pretrial case management in accordance with 28 U.S.C. 636; (2) By the close of business on Wednesday, October 6, 2020, counsel for Mortgage Wellness Solutions shall provide to counsel for Wyndham Vacation a letter setting forth the perceived deficiencies in the initial disclosures; (3) On or before October 7, 2020, the parties shall contact Magistrate Judge Holmes to develop a new scheduling order; (4) On or November 23, 2020, the parties shall attempt to settle this case through a mediator of their own choosing; (5) By November 30, 2020, the parties shall provide a report to the Court; and (6) Upon receipt of the report of mediation, the Court will consider setting a new further status conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/25/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 9/28/2020 (mg).
|
| Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Telephone Status Conference held on 9/25/2020. The bench trial is rescheduled for August 17, 2021, at 9:00 a.m. The Final Pretrial Conference will be held on August 2, 2021, at 2:00 p.m. A new magistrate judge will be assigned. By October 7, 2020, the parties shall meet with the new magistrate judge. Lyndsay Smith will make sure any possible motion to dismiss based on the Settlement Agreement gets resolved or before the Court as soon as possible. By November 23, 2020, the parties shall engage in an attempt to mediate the case with a mediator of their own selection. By November 30, 2020, the parties shall file a report with the name of the mediator and indicate that a firm offer was put on the table by Plaintiff, and that a response was made by the Defendant. By Wednesday, September 30, 2020, Gregory Oakley shall send Joseph Crace a letter detailing any problems with disclosures. Under seal, to the mediator, both sides will give a litigation budget. At least one person with authority will be present at the mediation. After the joint report is received, a status conference will be set, or the case referred to the magistrate judge for a second attempt. (Court Reporter Lise Matthews.)(Hearing lasted :25)(Parise, Kelly) |
|
Filing 84
ORDER RESETTING CASE FOR TRIAL: Bench Trial is reset for 8/17/2021 at 9:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 8/2/2021 at 2:00 PM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Joint Proposed Pretrial Order due by 7/26/2021; Exhibit List due by 7/26/2021; and Witness List due by 7/26/2021. All lawyers who will participate in the trial must attend the Pretrial Conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/25/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
|
Filing 83
ORDER: Telephone Conference reset for 9/25/2020 at 11:00 AM before Chief Judge Waverly D. Crenshaw Jr. Signed by Chief Judge Waverly D. Crenshaw, Jr. on 9/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
|
|
Filing 82
ORDER: This case is set for a telephonic status conference for September 11, 2020, at 2:00 p.m., for the purpose of setting a new trial date. The parties shall call 1-888-278-0296, and when prompted enter access code 6564835# to participate in the call. If a party has difficulty connecting, please contact chambers at 615-736-7013. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/25/2020. (mg)
|
|
Filing 81
ORDER SETTING CASE FOR TRIAL: Bench Trial set for 2/22/2022 at 9:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference set for 2/7/2022 at 10:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Joint Proposed Pretrial Order due by 1/31/2022; Exhibit List due by 1/31/2022; and Witness List due by 1/31/2022. All lawyers who will participate in the trial must attend the Pretrial Conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
|
Filing 80
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 4/9/2021; Discovery due by 6/9/2021; and Dispositive Motions due by 10/11/2021. A status conference shall be held telephonically on May 10, 2021 at 9:00 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 8/12/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
| Filing 79 PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Crace, Joseph) |
| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 8/5/2020. (Hearing lasted 00:28)(ms) |
|
Filing 78
ORDER: Due to a conflict in the Court's calendar, the Case Management Conference set for July 27, 2020 is hereby RESET for August 5, 2020 at 9:30 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 7/24/2020. (mg)
|
| Filing 77 PROPOSED CASE MANAGEMENT ORDER filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Crace, Joseph) |
| TN State Bar status verified as active for Gregory H. Oakley. (mg) |
| Filing 76 NOTICE of Appearance by Gregory H. Oakley on behalf of Mortgage Wellness Solutions, LLC, Charles Simerka (Oakley, Gregory) |
|
Filing 75
ORDER: Case Management Conference by Telephone set for 7/27/2020 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. The Parties shall call 1-877-336- 1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. The Parties shall file a proposed case management order on or before July 24, 2020 and counsel shall also email a WORD version copy to chambers at frensleychambers@tnmd.uscourts.gov. Signed by Magistrate Judge Jeffery S. Frensley on 6/30/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
|
| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 6/29/2020. (Hearing lasted 00:14)(ms) |
|
Filing 74
ORDER granting #72 Motion for Glennys Ortega Rubin to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/25/20. (xc Copy of Order mailed to Pro Se Defendants.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) Modified on 6/26/2020 (mg).
|
| FL State Bar status verified as active for Glennys Ortega Rubin. (mg) |
| Filing 73 PROPOSED CASE MANAGEMENT ORDER (Plaintiffs') filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Crace, Joseph) |
| Filing 72 MOTION for attorney Glennys Ortega Rubin to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3164870) by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Dodson, Margaret) |
|
Filing 71
ORDER: A Case Management Conference is scheduled for June 29, 2020 at 1:00 p.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. Signed by Magistrate Judge Jeffery S. Frensley on 6/16/2020. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
|
|
Filing 70
ORDER granting #66 Motion for Michael J. Quinn to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/16/20. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) Modified on 6/18/2020 (mg).
|
|
Filing 69
ORDER granting #65 Motion for Alfred J. Bennington, Jr. to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/16/20. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) Modified on 6/18/2020 (mg).
|
| Filing 68 SUPPLEMENT filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #66 Motion to Appear Pro Hac Vice, Annotation - Deficiency Notice,,. (Latham, Britt) |
| Filing 67 SUPPLEMENT filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re Annotation - Deficiency Notice,, #65 Motion to Appear Pro Hac Vice,. (Latham, Britt) |
| TN State Bar status verified as active for Margaret V. Dodson. (mg) |
| FL State Bar status verified as active for Alfred J. Bennington, Jr., and Michael J. Quinn. (mg) |
| NOTICE TO FILER re DE#65 , #66 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (mg) |
| Filing 66 MOTION for attorney Michael J. Quinn to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3157882) by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Latham, Britt) |
| Filing 65 MOTION for attorney Alfred J. Bennington, Jr. to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3157874) by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Latham, Britt) |
| Filing 64 NOTICE of Appearance by Margaret V. Dodson on behalf of All Plaintiffs (Dodson, Margaret) |
|
Filing 63
ORDER: For the reasons set forth in the accompanying Memorandum Opinion #62 , Charles Simerka's "Objection of [sic] Magistrate's Second Ruling Disqualifying Counsel and Appeal to Circuit [sic] Court Judge" ( #60 ) is OVERRULED, and Magistrate Judge Frensley's Order ( #59 ) disqualifying Aubrey Givens and Kristin Fecteau Mosher from representing Simerka and Mortgage Wellness Solutions, LLC d/b/a Legal Timeshare Aid in this action is AFFIRMED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/10/2020. (xc:Pro se party by regular mail.) (gb)
|
| Filing 62 MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr. on 1/10/2020. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb) |
| Filing 61 RESPONSE filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #60 Objections filed by Charles Simerka Plaintiffs' Response in Opposition to Defendant Charles Simerka's Objection to Magistrate's Second Ruling Disqualifying Counsel and Appeal to Circuit Court Judge. (Crace, Joseph) |
| Filing 60 OBJECTIONS filed by Charles Simerka re #59 Order on Motion to Disqualify Counsel. (gb) |
|
Filing 59
ORDER: The Court has considered the Simerka Defendants' argument that only Mr. Givens or Ms. Mosher should be disqualified because "[o]ne lawyer can testify to every single thing Plaintiffs are seeking in this case, and there is no need to have them both serve as witnesses." Docket No. #56 , p. 19. Based on the Court's analysis above, both Mr. Givens and Ms. Mosher are necessary witnesses, and both must therefore be disqualified. Plaintiffs' "Motion to Disqualify Aubrey Givens and Kristin Fecteau Mosher" (Docket No. #24 ) is GRANTED. Signed by Magistrate Judge Jeffery S. Frensley on 10/21/2019. (xc: copy of this Order mailed to pro se parties by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 10/22/2019 (mg).
|
| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Telephone Conference held on 9/27/2019. Parties discussed partially-related state court case. Court orders no action; no order to enter. (Tape #Not Recorded.) (Hearing lasted :20)(hv) |
|
Filing 58
ORDER: Telephone Conference set for 9/27/2019 09:00 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 9/24/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
|
| Filing 57 REPLY to Response to Motion re #24 MOTION to Disqualify Counsel (Supplemental) filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Crace, Joseph) |
| Filing 56 RESPONSE in Opposition re #24 MOTION to Disqualify Counsel filed by Mortgage Wellness Solutions, LLC, Charles Simerka. (Attachments: #1 Attachment Unsworn Declaration of Aubrey Givens)(Mosher, Kristin) |
| Filing 55 AFFIDAVIT re #53 Memorandum in Support, Affidavit of Ramona Harrington by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A - Attorney Letters, #2 Exhibit B - Carter Demand Letter, #3 Exhibit C - Sheffer Demand Letter)(Crace, Joseph) |
| Filing 54 DECLARATION of Joseph B. Crace, Jr. filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re: #53 Memorandum in Support. (Attachments: #1 Exhibit A - LTA and MWS Webpages - Referral Attorney, #2 Exhibit B - VTU Webpages - Attorney Referral, #3 Exhibit C - TimeShareFraudLawyers Webpages, #4 Exhibit D - Timeshare Lawyer Webpages, #5 Exhibit E - LTA Blogposts, #6 Exhibit F - Better Business Bureau Profile, #7 Exhibit G - S Austin Deposition Transcript, #8 Exhibit H - D Carter Deposition Transcript, #9 Exhibit I - K Sheffer Deposition Transcript, #10 Exhibit J - J Sheffer Deposition Transcript, #11 Exhibit K - VTU Webpages - Reviews, #12 Exhibit L - VTU FAQs Webpages - Premier Resort, #13 Exhibit M - MWS Webpage - Debt Relief Solutions, #14 Exhibit N - VTU FAQs Webpages - Wallet)(Crace, Joseph) |
| Filing 53 MEMORANDUM in Support of #24 MOTION to Disqualify Counsel filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Supplemental). (Crace, Joseph) |
|
Filing 52
ORDER: Plaintiff shall file a supplemental pleading in support of their motion to disqualify on or before August 26, 2019. The Initial Case Management Conference in this matter currently scheduled for August 27, 2019 is cancelled. Signed by Magistrate Judge Jeffery S. Frensley on 8/13/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
|
| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Status Conference held on 8/12/2019. Order to enter. (Tape #12aug2019.) (Hearing lasted :30)(hv) |
| The Status Conference scheduled for 8/12/19 at 2:00 PM will be held in Courtroom 776. (af) |
|
Filing 51
ORDER: A status conference is set for August 12, 2019, at 2:00 p.m. before the undersigned in courtroom 783, U.S. Courthouse, Nashville, Tennessee. Parties shall be prepared to discuss Judge Crenshaws Order entered on July 22, 2019 ( #50 ). Signed by Magistrate Judge Jeffery S. Frensley on 7/23/19. (gb)
|
|
Filing 50
ORDER: Magistrate Judge Frensley's Order ( #37 ) granting Plaintiffs' Motion to Disqualify Aubrey Givens and Kristin Fecteau Mosher ( #24 ) is VACATED and this matter is RETURNED to Magistrate Frensley for the development of an evidentiary record, to include an evidentiary hearing, if appropriate. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/22/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
|
|
Filing 49
ORDER: The Initial Case Management Conference previously scheduled for July 22, 2019, at 11:00 a.m., is hereby RESET for August 27, 2019, at 10:30 a.m. in courtroom 783. IT IS SO ORDERED. Signed by Magistrate Judge Jeffery S. Frensley on 7/16/19. (xc:Pro se party by regular mail. ) (af)
|
| Filing 48 AFFIDAVIT re #47 Answer to Complaint by Charles Simerka. (gb) |
| Filing 47 ANSWER to #1 Complaint by Mortgage Wellness Solutions, LLC and Charles Simerka.(gb) |
|
Filing 46
ORDER: Initial Case Management Conference RESET for 7/22/2019 at 11:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 6/3/19. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
|
| Filing 45 PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Yetter, Virginia) |
| Filing 44 ANSWER to #1 Complaint by Dean Spigner, Vacation Transfers Unlimited, LLC. (Smith, Lyndsay) |
| Filing 43 RESPONSE filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #40 Objections filed by Charles Simerka in Opposition to Defendant Charles Simerka's Objection to Magistrate's Ruling Disqualifying Counsel and Appeal to Circuit Court Judge. (Attachments: #1 Exhibit A - Carter Transcript)(Crace, Joseph) |
|
Filing 42
ORDER granting #41 Motion for Extension of Time to Answer. Defendant Simerka's responsive pleadings is due on or before June 3, 2019. Signed by Magistrate Judge Jeffery S. Frensley on 5/8/19. (xc:Pro se party by regular mail.) (gb)
|
| Filing 41 MOTION for a Thirty Day Extension of Time to File Responsive Pleading by Charles Simerka. (gb) |
| Filing 40 OBJECTIONS and APPEAL filed by Charles Simerka re #37 Order on Motion to Disqualify Counsel. (gb) |
| Filing 39 CERTIFICATE OF SERVICE by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #38 Order, Set Hearings. (Crace, Joseph) |
|
Filing 38
ORDER: Initial Case Management Conference reset for 6/6/2019 at 10:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 4/25/2019. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
|
|
Filing 37
***VACATED PER ORDER #50 *** ORDER: For these reasons, Plaintiffs' motion to disqualify Aubrey Givens and Kristin Fecteau Mosher ( #24 ) is GRANTED. Attorney Aubrey T. Givens and Kristin Fecteau Mosher terminated. Signed by Magistrate Judge Jeffery S. Frensley on 4/19/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb) Modified text on 7/22/2019 (gb).
|
|
Filing 36
ORDER: The motion for a more definite statement ( #21 ) by Defendants VTU and Spigner, and the motion for a more definite statement ( #26 ) by Defendants LTA and Simerka are DENIED. Signed by Magistrate Judge Jeffery S. Frensley on 4/19/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
|
|
Filing 35
ORDER: Due to the pending motion to disqualify counsel, the Initial Case Management Conference is this action scheduled for March 28, 2019, at 10:30 a.m. is hereby CONTINUED to May 2, 2019, at 10:30 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 3/25/19. (gb)
|
| Filing 34 PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Crace, Joseph) |
| Filing 33 REPLY to Response to Motion re #24 MOTION to Disqualify Counsel filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A - Deposition Excerpt, #2 Exhibit B - Order)(Crace, Joseph) |
| Filing 32 RESPONSE in Opposition re #26 MOTION for More Definite Statement filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Crace, Joseph) |
|
Filing 31
ORDER: Case Management Conference RESET for 3/28/2019 at 10:30 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 2/26/19. (gb)
|
| Filing 30 PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Crace, Joseph) |
| Filing 29 RESPONSE in Opposition re #24 MOTION to Disqualify Counsel filed by Mortgage Wellness Solutions, LLC, Charles Simerka. (Attachments: #1 Attachment unreported case - State v. Spears)(Mosher, Kristin) |
| Filing 28 RESPONSE in Opposition re #21 MOTION for More Definite Statement filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Latham, Britt) |
| Filing 27 MEMORANDUM in Support of #26 MOTION for More Definite Statement filed by Mortgage Wellness Solutions, LLC, Charles Simerka. (Mosher, Kristin) |
| Filing 26 MOTION for More Definite Statement by Mortgage Wellness Solutions, LLC, Charles Simerka. (Mosher, Kristin) |
| Filing 25 MEMORANDUM in Support of #24 MOTION to Disqualify Counsel filed by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Attachments: #1 Exhibit A - 2.1.19 Letter to Givens and Mosher)(Latham, Britt) |
| Filing 24 MOTION to Disqualify Counsel by SVC-Americana, LLC, SVC-Hawaii, LLC, SVC-West, LLC, Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Latham, Britt) |
|
Filing 23
ORDER granting #20 Motion for Extension of Time to Answer. Responsive pleading is due on or before February 13, 2019. Signed by Magistrate Judge Jeffery S. Frensley on 2/6/19. (gb)
|
| Filing 22 MEMORANDUM in Support #21 MOTION for More Definite Statement by Dean Spigner, Vacation Transfers Unlimited, LLC. (Smith, Lyndsay) Modified on text 2/6/2019 (gb). |
| Filing 21 MOTION for More Definite Statement by Dean Spigner, Vacation Transfers Unlimited, LLC. (Smith, Lyndsay) |
| Filing 20 MOTION for Extension of Time to File Answer re #1 Complaint, (Unopposed) by Mortgage Wellness Solutions, LLC. (Mosher, Kristin) |
| TN State Bar status verified as active for Lyndsay C. Smith and Andrea T. McKellar. (gb) |
|
Filing 19
ORDER granting #18 Motion for Extension of Time to Answer. Defendants' Response to Complaint is due on or before February 5, 2019. Signed by Magistrate Judge Jeffery S. Frensley on 1/29/19. (gb)
|
| Filing 18 MOTION for Extension of Time to File Answer re #1 Complaint,,, by Dean Spigner, Vacation Transfers Unlimited, LLC. (Hyde, Lyndsay) |
| TN State Bar status verified as active for Kristin Fecteau Mosher and Aubrey T. Givens. (gb) |
| Filing 17 NOTICE of Appearance by Kristin Fecteau Mosher on behalf of Mortgage Wellness Solutions, LLC, Charles Simerka (Mosher, Kristin) |
| Filing 16 SUMMONS returned executed by SVC-Hawaii, LLC, SVC-Americana, LLC, Wyndham Resort Development Corporation, SVC-West, LLC, Wyndham Vacation Ownership, Inc., Shell Vacations, LLC, Wyndham Vacation Resorts, Inc. Vacation Transfers Unlimited, LLC served on 1/8/2019. (Crace, Joseph) |
| Filing 15 SUMMONS returned executed by SVC-Hawaii, LLC, SVC-Americana, LLC, Wyndham Resort Development Corporation, SVC-West, LLC, Wyndham Vacation Ownership, Inc., Shell Vacations, LLC, Wyndham Vacation Resorts, Inc. Dean Spigner served on 1/8/2019. (Crace, Joseph) |
| Filing 14 SUMMONS returned executed by SVC-Hawaii, LLC, SVC-Americana, LLC, Wyndham Resort Development Corporation, SVC-West, LLC, Wyndham Vacation Ownership, Inc., Shell Vacations, LLC, Wyndham Vacation Resorts, Inc. Mortgage Wellness Solutions, LLC served on 1/10/2019. (Crace, Joseph) |
|
Filing 13
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/3/19. (gb)
|
| Filing 12 Summons issued as to Mortgage Wellness Solutions, LLC, Charles Simerka, Dean Spigner and Vacation Transfers Unlimited, LLC. (gb) |
| Filing 11 NOTICE of Initial Case Management Conference set for 2/28/2019 at 09:30 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (gb) |
| Filing 10 NOTICE of Business Entity Disclosure Statement filing requirement. (gb) |
| Filing 9 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb) |
| TN State Bar status verified as active for Britt K. Latham, Joseph B. Crace, Jr. and Virginia M. Yetter. (gb) |
| Filing 8 BUSINESS ENTITY DISCLOSURE STATEMENT filed by SVC-Hawaii, LLC. (dt) |
| Filing 7 BUSINESS ENTITY DISCLOSURE STATEMENT filed by SVC-Americana, LLC. (dt) |
| Filing 6 BUSINESS ENTITY DISCLOSURE STATEMENT filed by SVC-West, LLC. (dt) |
| Filing 5 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Shell Vacations, LLC. (dt) |
| Filing 4 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Wyndham Resort Development Corporation. (dt) |
| Filing 3 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Wyndham Vacation Resorts, Inc.. (dt) |
| Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Wyndham Vacation Ownership, Inc.. (dt) |
| Filing 1 COMPLAINT against John Doe #1, John Doe #2, John Doe #3, Mortgage Wellness Solutions, LLC, Charles Simerka, Dean Spigner, Vacation Transfers Unlimited, LLC (Filing fee paid $400, Receipt number 0650-2822835), filed by SVC-Hawaii, LLC, SVC-Americana, LLC, Wyndham Resort Development Corporation, SVC-West, LLC, Wyndham Vacation Ownership, Inc., Shell Vacations, LLC and Wyndham Vacation Resorts, Inc. Service copies will be picked up by counsel. (Attachments: #1 Exhibit A - Legal Timeshare Aid Homepage, #2 Exhibit B - Admin Organization, #3 Exhibit C - Demand Letters, #4 Exhibit D - Transcript of Telephone Conversation, #5 Exhibit E - Cancel Timeshare Contract FAQs, #6 Exhibit F - VTU Advertisements, #7 Exhibit G - LTA Advertisements, #8 Exhibit H - Better Business Bureau Profile, #9 Exhibit I - Blogposts, #10 Exhibit J - Testimonials, #11 Attachment - Civil Cover Sheet)(dt) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Tennessee Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
