Overturf et al v. Wyndham Worldwide Operations, Inc. et al
Plaintiff: Darlene Overturf and Freddie A. Overturf
Defendant: Wyndham Worldwide Operations, Inc., Wyndham Vacation Resorts, Inc. and Wyndham Vacation Ownership, Inc.
Case Number: 3:2019cv00086
Filed: January 17, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Eli J Richardson
Referring Judge: Aleta A Trauger
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2019 Filing 15 ENTRY OF JUDGMENT re: #14 Order Dismissing Case. (mg)
February 28, 2019 Opinion or Order Filing 14 ORDER: The parties have filed an Agreed Stipulation of Dismissal with Prejudice (Doc. No. #13 ). Because the parties have stated that the dismissal is with prejudice, the dismissal in fact is with prejudice. Accordingly, the Court acknowledges that all claims and counterclaims in this action have been DISMISSED with prejudice, and the Clerk is directed to close the file. This Order shall constitute final judgment for purposes of Fed. R. Civ. P. 58. Signed by District Judge Eli J. Richardson on 2/28/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
February 26, 2019 Filing 13 STIPULATION of Dismissal With Prejudice by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Longnecker, Joy)
February 14, 2019 Opinion or Order Filing 12 ORDER: The Magistrate Judge has notified the Court that the parties have reached a settlement in this action (Doc. No. #11 ). Accordingly, the parties shall file, on or before March 13, 2019, a Joint Stipulation of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Signed by District Judge Eli J. Richardson on 2/14/2019. (mg) Modified text on 2/15/2019 (mg).
February 12, 2019 Opinion or Order Filing 11 ORDER: On February 12, 2019, Counsel for Defendant informed the Court that the parties reached a settlement and will file a stipulation and order of dismissal within 30 days. The initial case management conference set on April 29, 2019 is CANCELLED. There is nothing further to be done in this matter by the undersigned. Therefore, the Clerk is directed to return the file to the District Judge for his consideration of the proposed order of dismissal. Signed by Magistrate Judge Alistair Newbern on 2/12/2019. (mg)
January 30, 2019 Opinion or Order Filing 10 ORDER: This case has been referred to the undersigned for management of the case. An initial case management conference is set for Monday, April 29, 2019, at 11:00 a.m. in Courtroom 774, U.S. Courthouse 801 Broadway, Nashville, Tennessee. The parties shall submit a proposed case management order three business days prior to the conference. Signed by Magistrate Judge Alistair Newbern on 1/30/2019. (mg)
January 29, 2019 Opinion or Order Filing 9 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 1/29/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
January 24, 2019 Opinion or Order Filing 8 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 1/24/2019. (mg)
January 24, 2019 Filing 7 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Longnecker, Joy)
January 24, 2019 Filing 6 MEMORANDUM in Support of #5 MOTION to Dismiss for Lack of Jurisdiction filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc. . (Longnecker, Joy)
January 24, 2019 Filing 5 MOTION to Dismiss for Lack of Jurisdiction by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc.. (Attachments: #1 Exhibit A - Contracts, #2 Exhibit B - Bobick Opinion)(Longnecker, Joy)
January 17, 2019 Filing 4 NOTICE of Initial Case Management Conference set for 3/11/2019 at 2:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (mg)
January 17, 2019 Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg)
January 17, 2019 Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (mg)
January 17, 2019 Filing 1 NOTICE OF REMOVAL by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc. from Chancery Court for Williamson County, Tennessee, case number 47919M. ( Filing fee $ 400 receipt number 0650-2834517) (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Notice of Filing Notice of Removal, #3 Attachment - Civil Cover Sheet)(mg)
January 17, 2019 TN State Bar status verified as active for Jeremy R. Durham, Joy Boyd Longnecker and Eugene J. Podesta, Jr. (mg)

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Defendant: Wyndham Worldwide Operations, Inc.
Represented By: Eugene J. Podesta, Jr.
Represented By: Joy Boyd Longnecker
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Defendant: Wyndham Vacation Resorts, Inc.
Represented By: Eugene J. Podesta, Jr.
Represented By: Joy Boyd Longnecker
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Defendant: Wyndham Vacation Ownership, Inc.
Represented By: Eugene J. Podesta, Jr.
Represented By: Joy Boyd Longnecker
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Plaintiff: Darlene Overturf
Represented By: Jeremy R. Durham
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Plaintiff: Freddie A. Overturf
Represented By: Jeremy R. Durham
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