McLearn et al v. Wyndham Resort Developement Corp. et al
Plaintiff: Deanna McLearn and Larry McLearn
Defendant: Wyndham Vacation Resorts, Inc., John Does 1-100, Wyndham Vacation Ownership, Inc., Wyndham Resort Developement Corp., Wyndham Worldwide Operations, Inc. and Wyndham Rewards, Inc.
Case Number: 3:2019cv00004
Filed: January 4, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Alistair Newbern
Referring Judge: Eli J Richardson
2 Judge: Aleta A Trauger
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2019 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to File Reply to #8 MOTION to Dismiss for Failure to State a Claim and for Attorneys' Fees Replies due by 3/8/2019. Signed by District Judge Eli J. Richardson on 3/4/19. (dt)
March 1, 2019 Filing 17 MOTION for Extension of Time to File Response/Reply as to #16 Response in Opposition to Motion (unopposed) by John Does 1-100, Wyndham Resort Developement Corp., Wyndham Rewards, Inc., Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Davidson, Paul)
February 15, 2019 Filing 16 RESPONSE in Opposition re #8 MOTION to Dismiss for Failure to State a Claim and for Attorneys' Fees filed by Deanna McLearn, Larry McLearn. (Rieger, George)
February 7, 2019 Opinion or Order Filing 15 ORDER granting #14 Motion for Extension of Time to File Response #8 MOTION to Dismiss for Failure to State a Claim and for Attorneys' Fees. Plaintiff's response is due on or before February 15, 2019. Any reply is due on or before March 1, 2019. Signed by District Judge Eli J. Richardson on 2/7/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 2/11/2019 (dt).
February 7, 2019 Filing 14 Second MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss and for Attorneys' Fees by Deanna McLearn, Larry McLearn. (Rieger, George)
January 24, 2019 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time to File Response/Reply to #8 MOTION to Dismiss for Failure to State a Claim and for Attorneys' Fees. Plaintiffs' response is due on or before February 8, 2019. Any reply is due on or before February 22, 2019. Signed by District Judge Eli J. Richardson on 1/24/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
January 24, 2019 Filing 12 First MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss and for Attorneys' Fees by Deanna McLearn, Larry McLearn. (Rieger, George)
January 15, 2019 Opinion or Order Filing 11 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 1/15/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
January 11, 2019 Opinion or Order Filing 10 ORDER: Pursuant to Administrative Order No. 138, it is hereby ORDERED that this case is TRANSFERRED to Judge Eli Richardson for all purposes. All present deadlines and court dates shall remain in place, subject to modification by Judge Richardson or the magistrate judge. The initial case management conference scheduled before Judge Trauger on March 11, 2019 is CANCELLED. Signed by District Judge Aleta A. Trauger on 1/11/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
January 11, 2019 Filing 9 MEMORANDUM in Support of #8 MOTION to Dismiss for Failure to State a Claim and for Attorneys' Fees filed by John Does 1-100, Wyndham Resort Developement Corp., Wyndham Rewards, Inc., Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc. . (Attachments: #1 Exhibit Ex A - Security Agreement, #2 Exhibit Ex B - Timeshare Contract, #3 Exhibit Ex C - Retail Installment Contract Purchase and Security Agreement, #4 Exhibit Ex D- Security Agreement, #5 Exhibit Ex E - Security Agreement, #6 Exhibit Ex F - Chart, #7 Attachment Unpublished cases)(Davidson, Paul)
January 11, 2019 Filing 8 MOTION to Dismiss for Failure to State a Claim and for Attorneys' Fees by John Does 1-100, Wyndham Resort Developement Corp., Wyndham Rewards, Inc., Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Davidson, Paul)
January 8, 2019 Filing 7 NOTICE of Initial Case Management Conference set for 3/11/2019 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (dt)
January 4, 2019 Filing 6 NOTICE to Counsel of Removal of Action to the United States District Court by John Does 1-100, Wyndham Resort Developement Corp., Wyndham Rewards, Inc., Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc. re #1 Notice of Removal,, (Attachments: #1 Exhibit Ex. A - Notice of Removal and Notice to State Court)(Davidson, Paul) Modified on 1/8/2019 (dt).
January 4, 2019 Filing 5 NOTICE of Filing by John Does 1-100, Wyndham Resort Developement Corp., Wyndham Rewards, Inc., Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc. re #1 Notice of Removal,, (Attachments: #1 Exhibit Ex A - Notice of Filing of Removal to State Court)(Davidson, Paul)
January 4, 2019 Filing 4 BUSINESS ENTITY DISCLOSURE STATEMENT filed by John Does 1-100, Wyndham Resort Developement Corp., Wyndham Rewards, Inc., Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Davidson, Paul)
January 4, 2019 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (dt)
January 4, 2019 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt)
January 4, 2019 Filing 1 NOTICE OF REMOVAL by Wyndham Resort Developement Corp., Wyndham Rewards, Inc., Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. and Wyndham Worldwide Operations, Inc. from Chancery Court for Davidson County, Tennessee, case number 18-1060-I. (Filing fee $400 receipt number 0650-2825462) (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Part 1 - Contracts, #3 Exhibit B - Part 2 - Contracts, #4 Attachment - Civil Cover Sheet)(dt) (Main Document 1 replaced on 1/4/2019) (dt). (Attachment 1 replaced on 1/4/2019) (dt). (Attachment 2 replaced on 1/4/2019) (dt). (Attachment 3 replaced on 1/4/2019) (dt). (Attachment 4 replaced on 1/4/2019) (dt).
January 4, 2019 TN State Bar status verified as active for George H. Rieger, II, Paul Savage Davidson and Keith William Randall. (dt)

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Plaintiff: Deanna McLearn
Represented By: George H. Rieger, II
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Plaintiff: Larry McLearn
Represented By: George H. Rieger, II
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Defendant: Wyndham Vacation Resorts, Inc.
Represented By: Keith William Randall
Represented By: Paul Savage Davidson
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Defendant: John Does 1-100
Represented By: Paul Savage Davidson
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Defendant: Wyndham Vacation Ownership, Inc.
Represented By: Keith William Randall
Represented By: Paul Savage Davidson
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Defendant: Wyndham Resort Developement Corp.
Represented By: Keith William Randall
Represented By: Paul Savage Davidson
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Defendant: Wyndham Worldwide Operations, Inc.
Represented By: Keith William Randall
Represented By: Paul Savage Davidson
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Defendant: Wyndham Rewards, Inc.
Represented By: Keith William Randall
Represented By: Paul Savage Davidson
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