Westgate Resorts, Ltd. et al v. Wesley Financial Group, LLC
Plaintiff: Westgate Lakes, LLC, Westgate Vacation Villas, LLC, Westgate Towers, LLC, Westgate Blue Tree Orlando, Ltd., Westgate RVS Orlando, LLC, Westgate GV at Painted Mountain, LLC, Westgate Daytona, LLC, Westgate GV at the Woods, LLC, Westgate GV at Tunica, LLC, Westgate Resorts, Ltd., Westgate Palace, LLC, Westgate GV at Emerald Pointe, LLC, Westgate Las Vegas Resort, LLC, Westgate South Beach, LLC, Westgate Flamingo Bay, LLC, Westgate Myrtle Beach, LLC and Westgate Resorts, Inc.
Defendant: Wesley Financial Group, LLC and Charles William McDowell III
Case Number: 3:2020cv00599
Filed: July 14, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Jeffery S Frensley
Referring Judge: Aleta A Trauger
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2023 Opinion or Order Filing 411 ORDER: It is hereby ORDERED that a telephone conference with counsel for the parties will be held on Thursday, October 19, 2023 at 4:00 p.m. Judge Trauger's Courtroom Deputy will email to counsel the number they should call in order to participate in the telephone conference. Signed by District Judge Aleta A. Trauger on 10/18/2023. (mg)
October 17, 2023 Opinion or Order Filing 410 ORDER: Before the court is the Motion to Reconsider (Doc. No. #407 ), filed along with a supporting Memorandum (Doc. No. #408 ). The defendant's Motion to Reconsider is premised upon a portion of McDowell's deposition transcript that has now been corrected. Accordingly, while the court appreciates the clarification of the record regarding McDowell's testimony, the court is not surprised by the correction. It does not change the court's view of the facts or require reconsideration of the Order denying McDowell's Motion for Summary Judgment. Accordingly, the Defendants' Motion for Reconsideration (Doc. No. #407 ) is DENIED. Signed by District Judge Aleta A. Trauger on 10/17/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
October 16, 2023 Opinion or Order Filing 409 RECEIPT of Manual Filing/Letter by Charles William McDowell III, Wesley Financial Group, LLC re #408 Memorandum in Support re: Thumb drive containing a clip of the deposition video of Charles "Chuck" McDowell. Thumb drive and letter place in Judge Trauger's mail box at Intake on 10/16/2023. (mg)
October 16, 2023 Opinion or Order Filing 408 MEMORANDUM in Support of #407 MOTION for Reconsideration re #385 Memorandum Opinion of the Court,, filed by Charles William McDowell III, Wesley Financial Group, LLC . (Attachments: #1 Exhibit 1 - Charles McDowell's March 15, 2022 Addendum, #2 Exhibit 3 - Emails Between Counsel, #3 Exhibit 4 - Westgate Counsel's Emails to Angie Hibbert, #4 Exhibit 5 - Objections to Corrections)(Quinn, John)
October 16, 2023 Opinion or Order Filing 407 MOTION for Reconsideration re #385 Memorandum Opinion of the Court,, by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
October 16, 2023 Opinion or Order NY State Bar status verified as active for Matthew Scott Rapkowski, Julie Capehart not admitted to this court - Local counsel secured. (mg)
October 13, 2023 Opinion or Order Filing 406 MOTION for attorney Julie Capehart to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3931418) by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Attachment Certificate of Good Standing Northern District of New York)(Bradford, Patrick)
October 12, 2023 Opinion or Order Filing 405 MOTION for attorney Matthew Scott Rapkowski to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3930481) by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Attachment Certificate of Good Standing - Supreme Ct, #2 Attachment Certificate of Good Standing - USDC - Northern, #3 Attachment Certificate of Good Standing - USDC - Easternn)(Vance, Robert)
October 11, 2023 Opinion or Order Filing 404 ORDER granting #397 , #399 , #400 , and #401 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Lisa Hershman, Menachem Lanner, Paul N. Mascia, and Douglas R. Sargent to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 10/11/2023. (lh)
October 11, 2023 Opinion or Order NOTICE TO FILER re DE#403 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)
October 11, 2023 Opinion or Order NOTICE TO FILER re DE#402 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)
October 10, 2023 Opinion or Order Filing 403 NOTICE by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #402 Objections, of Withdrawal of Objections to Court Reporter's Certificate on Corrections to the Deposition of Charles "Chuck" McDowell, III (New, Benjamin)
October 10, 2023 Opinion or Order Filing 402 OBJECTIONS to Court Reporter's Certificate on Corrections to the Deposition of Charles "Chuck" McDowell, III. (Attachments: #1 Exhibit A - Excerpts of McDowell Depo, #2 Exhibit B - US Legal Request for Errata, #3 Exhibit C - JEQ ltr re McDowell Confidentiality Designations, #4 Exhibit D - Certificate of Corrections, #5 Exhibit E - 2023-10-03 - Email from US Legal)(New, Benjamin)
September 28, 2023 Opinion or Order IL State Bar status verified as active for Douglas R. Sargent not admitted to this court - Local counsel secured. (mg)
September 27, 2023 Opinion or Order Filing 401 MOTION for attorney Douglas R. Sargent to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3921418) by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Vance, Robert)
September 27, 2023 Opinion or Order NY State Bar status verified as active for Lisa Hershman not admitted to this court - Local counsel secured. (mg)
September 21, 2023 Opinion or Order MD State Bar status verified as active for Menachem Lanner not admitted to this court - Local counsel secured. (mg)
September 21, 2023 Opinion or Order FL State Bar status verified as active for Paul N. Mascia not admitted to this court - Local counsel secured. (mg)
September 20, 2023 Opinion or Order Filing 400 MOTION for attorney Paul N. Mascia to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3916708) by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Attachment Certificate of Good Standing for Paul N. Mascia)(Quinn, John)
September 20, 2023 Opinion or Order Filing 399 MOTION for attorney Menachem Lanner to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3916668) by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Attachment Certificate of Good Standing for Menachem Lanner)(Quinn, John)
September 19, 2023 Opinion or Order Filing 398 NOTICE of Appearance by Patrick A. Bradford on behalf of All Defendants (Bradford, Patrick)
September 19, 2023 Opinion or Order Filing 397 MOTION for attorney Lisa Hershman to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3915768) by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Attachment Certificate of Good Standing for Lisa Hershman)(Quinn, John)
September 18, 2023 Opinion or Order Filing 396 ORDER granting #394 and #395 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Patrick A. Bradford and John J. Bennett to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 09/18/2023. (lh)
September 18, 2023 Opinion or Order Filing 395 MOTION for attorney John J. Bennett to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3914157) by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Attachment Certificate of Good Standing for John J. Bennett)(Quinn, John)
September 18, 2023 Opinion or Order Filing 394 MOTION for attorney Patrick A. Bradford to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3913855) by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Attachment Certificate of Good Standing for Patrick A. Bradford)(Quinn, John)
September 18, 2023 Opinion or Order New York Bar status verified as active for Patrick A. Bradford. Florida Bar status verified as active for John J. Bennett. Not admitted to this court - Local counsel secured. (lh)
September 8, 2023 Opinion or Order Filing 393 ORDER granting #392 Motion for Carl S. Burkhalter and Walter A. Dodgen, Jr. of Maynard Nexsen PC, to withdraw as counsel of record for the Defendants, Wesley Financial Group, LLC, and Charles William McDowell, III. Signed by District Judge Aleta A. Trauger on 9/8/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
September 7, 2023 Opinion or Order Filing 392 MOTION to Withdraw as Attorney for Carl S. Burkhalter and William A. Dodgen, Jr. by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit A - Email dated 8/9/23)(Burkhalter, Carl)
August 23, 2023 Opinion or Order Filing 391 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 2/20/2024 at 09:00 AM in Courtroom 6C before District Judge Aleta A. Trauger. Pretrial Conference set for 2/9/2024 at 01:30 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. Joint Proposed Pretrial Order due by 2/6/2024; Exhibit List due by 2/6/2024; and Witness List due by 2/6/2024. Lead counsel for each party must attend the pretrial conference. If lead counsel is not from Tennessee, local counsel must also attend. If the case settles closer to trial than two business days, the cost of summoning the jury may be assessed against the parties. Signed by District Judge Aleta A. Trauger on 8/23/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
August 23, 2023 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Telephone Conference held on 8/23/2023. Jury trial to be reset. (Hearing lasted :25)(kb)
August 22, 2023 Opinion or Order TN State Bar status verified as active for Jeffrey A. Zager, Thomas H. Dundon admitted to this court. (mg)
August 21, 2023 Opinion or Order Filing 390 NOTICE of Appearance by Thomas H. Dundon on behalf of Charles William McDowell III, Wesley Financial Group, LLC (Dundon, Thomas)
August 21, 2023 Opinion or Order Filing 389 NOTICE of Appearance by Jeffrey A. Zager on behalf of Charles William McDowell III, Wesley Financial Group, LLC (Zager, Jeffrey)
August 8, 2023 Opinion or Order Filing 388 ORDER: The court has now ruled on all pending motions. It is hereby ORDERED that the court will hold a telephone conference with counsel for the parties on Wednesday, August 23, 2023 at 2:00 p.m. CST in order to discuss any revision to the estimated trial days and to reset this case for trial. Judge Trauger's Courtroom Deputy will email to counsel the number they should call in order to participate in the telephone conference. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 8/8/2023. (af)
August 8, 2023 Opinion or Order Filing 387 ORDER: For the reasons set forth in the accompanying Memorandum, the summary judgment motions filed by defendant Wesley Financial Group, LLC ("Wesley") (Doc. No. #272 ) and by defendant Charles William McDowell, III (Doc. No. #274 ) are both GRANTED IN PART AND DENIED IN PART. For the reasons set forth in a separate Memorandum, also filed contemporaneously herewith, the Motion for Partial Summary Judgment (Doc. No. #263 ) filed by the plaintiffs (collectively, "Westgate") is GRANTED IN PART AND DENIED IN PART. Trial of the remaining issues will be set by separate Order. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 8/8/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
August 8, 2023 Opinion or Order Filing 386 MEMORANDUM: WESTGATE'S MOTION FOR PARTIAL SUMMARY JUDGMENT: For the reasons set forth herein, the plaintiff's Motion for Partial Summary Judgment (Doc. No. #263 ) will be granted in part and denied in part. An appropriate Order is filed herewith. Signed by District Judge Aleta A. Trauger on 8/8/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
August 8, 2023 Opinion or Order Filing 385 MEMORANDUM-DEFENDANT'S SUMMARY JUDGEMENT MOTIONS: For the reasons set forth herein, both defendants' motions will be granted in part and denied in part. Both motions will be granted as to the claim under the FDUTPA, and that claim will be dismissed, on the basis that Tennessee law applies to this case. Further, any injunction entered in this case will be limited in scope to conduct directed to Westgate owners only. In all other respects, both motion will be denied. An appropriate Order is filed herewith. Signed by District Judge Aleta A. Trauger on 8/8/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
August 8, 2023 Opinion or Order Filing 384 MEMORANDUM AND ORDER: ANCILLARY MOTIONS: To summarize, the following motions are DENIED: (1) the plaintiff's Objection and Motion to Strike Declaration of Sandi Whitaker (Doc. No. #304 ); (2) the plaintiff's Motion for Leave to File Supplement to the same motion (Doc. No. #364 ) (denied as moot); (3) the plaintiff's Motion to Strike Defendants' Additional Facts in Response to Plaintiffs' Motion for Summary Judgment (Doc. No. #306 ); and (4) the defendants' Motion to Strike or Disregard Plaintiffs' Second Supplemental Statement of Undisputed Facts (Doc. No. #327 ). The court further finds that oral argument would not assist it in resolving the matters at issue in these or any other pending motions. The plaintiff's Motion for Oral Argument (Doc. No. #298 ) is, therefore, also DENIED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 8/8/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
August 8, 2023 Opinion or Order Filing 383 MEMORANDUM AND ORDER: MOTIONS TO EXCLUDE TESTIMONY: For the reasons set forth herein, the defendants' Daubert Motion to Exclude Plaintiffs' Expert (Doc. No. #268 ) and the plaintiff's Motion to Exclude Expert Anthony Kelly (Doc. No. #295 ) are both GRANTED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 8/8/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
August 2, 2023 Opinion or Order Filing 382 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #381 Order on Motion to Seal Document #343 (Attachments: #1 Attachment Plaintiffs Reply to Defendants Response [DE333] to Objection and Motion to Strike Declaration of Sandi Whitaker [DE304] (Redacted))(Quinn, John)
August 1, 2023 Opinion or Order Filing 381 ORDER granting #360 Motion to Seal Document #343 Reply. Signed by District Judge Aleta A. Trauger on 8/1/2023. (mg)
July 13, 2023 Opinion or Order Filing 380 Sealed Document Deposition Transcript of Charles William McDowell filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
July 13, 2023 Opinion or Order Filing 379 NOTICE of Filing by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #378 Order,, (Vance, Robert)
July 11, 2023 Opinion or Order Filing 378 ORDER: The record appears to contain at least a dozen different excerpts of defendant Charles William McDowell's deposition transcript, many of which do not contain the original deposition pagination, although the parties refer to the excerpts by the original pagination. The parties are DIRECTED to file (under seal) ONE complete transcript of McDowell's deposition that contains the original transcript page numbers, no later than Friday, July 14, 2023. Signed by District Judge Aleta A. Trauger on 07/11/23. (ad)
June 30, 2023 Opinion or Order Filing 377 NOTICE of Filing by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #376 Order on Motion for Leave to File Second Notice of Supplemental Authority (Attachments: #1 Exhibit A - Bluegreen Opinion)(Vance, Robert)
June 29, 2023 Opinion or Order Filing 376 ORDER granting #374 Motion for Leave to File Second Notice of Supplemental Authority. Signed by District Judge Aleta A. Trauger on 6/29/2023. (mg)
June 28, 2023 Opinion or Order Filing 375 MEMORANDUM in Support of #374 Unopposed MOTION for Leave to File Second Notice of Supplemental Authority re #263 MOTION for Partial Summary Judgment and Declaratory and Injunctive Relief filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC . (Vance, Robert)
June 28, 2023 Opinion or Order Filing 374 Unopposed MOTION for Leave to File Second Notice of Supplemental Authority re #263 MOTION for Partial Summary Judgment and Declaratory and Injunctive Relief by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Second Notice of Supplemental Authority)(Vance, Robert)
May 19, 2023 Opinion or Order Filing 373 NOTICE OF SUPPLEMENTAL AUTHORITY by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #263 MOTION for Partial Summary Judgment and Declaratory and Injunctive Relief (Attachments: #1 Exhibit A - Bluegreen Opinion)(Vance, Robert) Modified on 5/23/2023 (mg).
May 18, 2023 Opinion or Order Filing 372 ORDER granting #370 Motion for Leave to file Notice of Supplemental Authority. Signed by District Judge Aleta A. Trauger on 5/18/2023. (mg)
May 17, 2023 Opinion or Order NOTICE TO FILER re DE# [370-1]: Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not sign nor date the certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)
May 16, 2023 Opinion or Order Filing 371 MEMORANDUM in Support of #370 Unopposed MOTION for Leave to File Notice of Supplemental Authority re #262 MOTION for Leave to to File Motion for Partial Summary Judgment filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC . (Vance, Robert)
May 16, 2023 Opinion or Order Filing 370 Unopposed MOTION for Leave to File Notice of Supplemental Authority re #262 MOTION for Leave to to File Motion for Partial Summary Judgment by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc.. (Attachments: #1 Exhibit A - Plaintiffs' [Proposed] Notice of Supplemental Authority)(Vance, Robert)
March 7, 2023 Opinion or Order Filing 369 RESPONSE in Opposition re #364 MOTION to Supplement #304 Sealed Document,,, Plaintiffs' Objection and Motion to Strike Whitaker Declaration filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
February 22, 2023 Opinion or Order Filing 368 ORDER granting #367 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 2/22/2023. (mg)
February 21, 2023 Opinion or Order Filing 367 MOTION for Leave to File Document Under Seal Plaintiffs' [Proposed] Supplement to Objection and Motion to Strike Declaration of Sandi Whitaker by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
February 21, 2023 Opinion or Order Filing 366 Sealed Document Plaintiffs' [Proposed] Supplement to Objection and Motion to Strike Declaration of Sandi Whitaker filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Excerpts from Whitaker Declaration (Vol. 1), #2 Exhibit B - Excerpts from Whitaker Declaration (Vol. 2))(Vance, Robert)
February 21, 2023 Opinion or Order Filing 365 MEMORANDUM in Support of #364 MOTION to Supplement #304 Sealed Document,,, Plaintiffs' Objection and Motion to Strike Whitaker Declaration filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC . (Vance, Robert)
February 21, 2023 Opinion or Order Filing 364 MOTION to Supplement #304 Sealed Document,,, Plaintiffs' Objection and Motion to Strike Whitaker Declaration by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
February 7, 2023 Opinion or Order Filing 363 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #349 Order on Motion for Leave to File Document Under Seal Plaintiffs Reply to Defendants Response [DE325] to Motion to Exclude Defendants Expert Anthony Kelly [DE295] (Attachments: #1 Attachment Plaintiffs Reply to Defendants Response [DE325] to Motion to Exclude Defendants Expert Anthony Kelly [DE295] (Redacted), #2 Exhibit 1 McDowell Depo (Redacted))(Quinn, John)
February 7, 2023 Opinion or Order Filing 362 MEMORANDUM in Support of #347 Sealed Document,, filed by Charles William McDowell III, Wesley Financial Group, LLC Memorandum in Support of Continued Sealing of Sealed Documents No. 347. (Quinn, John)
February 7, 2023 Opinion or Order Filing 361 MEMORANDUM in Support of #360 MOTION to Seal Document #343 Reply,, filed by Charles William McDowell III, Wesley Financial Group, LLC . (Quinn, John)
February 7, 2023 Opinion or Order Filing 360 MOTION to Seal Document #343 Reply,, by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 30, 2023 Opinion or Order Filing 359 SUPPLEMENT filed by Charles William McDowell III, Wesley Financial Group, LLC re #313 Sealed Document,,,. (Quinn, John)
January 30, 2023 Opinion or Order Filing 358 REPLY to Response to re #327 MOTION to Strike #302 Sealed Document,, filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 30, 2023 Opinion or Order Filing 357 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #335 Order on Motion for Leave to File Document Under Seal Defendants Response to Plaintiffs Motion to Strike Declaration of Sandi Whitaker (Attachments: #1 Attachment Defendants Response to Plaintiffs Motion to Strike Declaration of Sandi Whitaker (Redacted), #2 Exhibit A - Additional Gray Depo Excerpts (Redacted))(Quinn, John)
January 30, 2023 Opinion or Order Filing 356 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #322 Order on Motion for Leave to File Document Under Seal Reply in Further Support of Wesley Financial LLCs Motion for Partial Summary Judgment (Attachments: #1 Attachment Reply in Further Support of Wesley Financial LLCs Motion for Partial Summary Judgment (Redacted), #2 Attachment Reply in Further Support of Charles William McDowell, IIIs Motion for Summary Judgment (Redacted), #3 Attachment Defendants Response to Plaintiffs Supplemental Statement of Undisputed Facts, In Response to Wesleys and McDowells Motions for Partial Summary Judgment (Redacted), #4 Exhibit 1 - Tr. of Customer G.A. (Redacted), #5 Exhibit 2 - Tr. of Customer S.R. (Redacted), #6 Exhibit 3 - Tr. of Customer M.S. (Redacted), #7 Exhibit 4 - Tr. of Customer J.M. (Redacted), #8 Exhibit 6 - Tr. of Mark Irwin (Redacted), #9 Exhibit 7 - Tr. of Chuck McDowell (Redacted), #10 Exhibit 8 - Tr. of Customer J.C. (Redacted))(Quinn, John)
January 27, 2023 Opinion or Order Filing 355 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #321 Order on Motion for Leave to File Document Under Seal Plaintiffs Motion to Strike Defendants Additional Facts in Response to Plaintiffs Motion for Summary Judgment (Attachments: #1 Attachment Plaintiffs Motion to Strike Defendants Additional Facts in Response to Plaintiffs Motion for Summary Judgment (Redacted))(Quinn, John)
January 27, 2023 Opinion or Order Filing 354 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #320 Order on Motion for Leave to File Document Under Seal Plaintiffs Objection and Motion to Strike Declaration of Sandi Whitaker (Attachments: #1 Attachment Plaintiffs Objection and Motion to Strike Declaration of Sandi Whitaker (Redacted), #2 Exhibit 1 - Declaration of Sandi Whitaker (Redacted), #3 Exhibit 2 - Excerpts of Lauren Gray Depo (Redacted), #4 Exhibit 3 - Excerpts of Jonathan Browning Depo (Redacted), #5 Exhibit 4 - Excerpts of Chuck McDowell Depo (Redacted), #6 Exhibit 5 - Excerpts of Taylor Jacobs Depo (Redacted))(Quinn, John)
January 26, 2023 Opinion or Order Filing 353 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #319 Order on Motion for Leave to File Document Under Seal Plaintiffs Reply to Motion for Partial Summary Judgment (Attachments: #1 Attachment Plaintiffs Reply to Motion for Partial Summary Judgment (Redacted))(Quinn, John)
January 25, 2023 Opinion or Order Filing 352 RESPONSE to Motion re #327 MOTION to Strike #302 Sealed Document,, filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
January 20, 2023 Opinion or Order Filing 351 ORDER granting #350 Motion for attorney Erik C. Lybeck to withdraw as counsel. Signed by District Judge Aleta A. Trauger on 1/20/2023. (mg)
January 20, 2023 Opinion or Order Filing 350 MOTION to Withdraw as Attorney Erik C. Lybeck by Charles William McDowell III, Wesley Financial Group, LLC. (Lybeck, Erik)
January 20, 2023 Opinion or Order Filing 349 ORDER granting #346 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 1/19/2023. (mg)
January 18, 2023 Opinion or Order Filing 348 ORDER granting #336 Motion for Extension of Time to File Reply as to #325 Response in Opposition to Motion, #333 . Extension to 1/25/2023. Signed by District Judge Aleta A. Trauger on 1/18/2023. (mg)
January 18, 2023 Opinion or Order Filing 347 Sealed Document Plaintiffs' Reply to Defendants' Response to Motion to Exclude Defendants' Expert Kelly filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 1 - McDowell Depo, #2 Exhibit 2 - Halliman Depo, #3 Exhibit 3 - Declaration of Kelly)(Vance, Robert)
January 18, 2023 Opinion or Order Filing 346 MOTION for Leave to File Document Under Seal by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
January 18, 2023 Opinion or Order Filing 345 REPLY filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #326 Response in Opposition to Motion filed by Wesley Financial Group, LLC, Charles William McDowell III. (Vance, Robert)
January 18, 2023 Opinion or Order Filing 344 RESPONSE to Motion re #329 MOTION for Leave to File Document Under Seal Defendants' Response to Plaintiffs' Second Supplemental Statement of Facts filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
January 18, 2023 Opinion or Order Filing 343 REPLY filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #333 Sealed Document, filed by Wesley Financial Group, LLC, Charles William McDowell III. (Vance, Robert)
January 13, 2023 Opinion or Order Filing 342 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #318 Order on Motion for Leave to File Document Under Seal,,,,,,,,,,, Redacted Versions of Plaintiffs Memo of Law in Support of Motion for Partial Summary Judgment and Accompanying Exhibits (Attachments: #1 Exhibit 1 - Chuck McDowell Depo. Excerpts (Redacted), #2 Exhibit 2 - Steve Grauberger Depo. Excerpts (Redacted), #3 Exhibit 3 - Dan Halliman Depo. Excerpts (Redacted), #4 Exhibit 4 - Mark Irwin Depo. Excerpts (Redacted), #5 Exhibit 5 - Jon Browning Corp Depo. Excerpts (Redacted), #6 Exhibit 7 - Charles McDowell Depo. Excerpts (Redacted), #7 Exhibit 8 - Browning Depo Excerpts (Redacted), #8 Exhibit 9 - Wesley VP Script Prior to Dec. 2020 (Redacted), #9 Exhibit 10 - Wesley VP Scrip Dec. 2020; Ex 202 (Redacted), #10 Exhibit 11 - Katie Neher Depo. Excerpts (Redacted), #11 Exhibit 12 - Lauren Gray Depo. Excerpts (Redacted), #12 Exhibit 13 - Taylor Jacobs Depo. Excerpts (Redacted), #13 Exhibit 14 - Grauberger Ackn Cxl Without Wesley (Redacted), #14 Exhibit 15 - Jacobs Work File Fast Since Already Default (Redacted), #15 Exhibit 16 - Westgate Stopping Payment (Redacted), #16 Exhibit 17 - Wesley 18-Month Service Agreement (Redacted), #17 Exhibit 18 - Wesley 36-Month Service Agreement (Redacted), #18 Exhibit 19 - Wesley 36-Month Enrollment Agreement (Redacted), #19 Exhibit 20 - Grauberger Recommend Sign Affidavit (Redacted), #20 Exhibit 22 - Grauberger Letter Full Time Legal Staff & 90% Success (Redacted), #21 Exhibit 23 G.A. Depo Excerpts (Redacted), #22 Exhibit 24 S.R. Depo Excerpts (Redacted), #23 Exhibit 25 C.L. Depo Excerpts (Redacted), #24 Exhibit 26 A.P. Depo Excerpts (Redacted), #25 Exhibit 27 J.R. Depo Excerpts (Redacted), #26 Exhibit 28 L.S. Depo Excerpts (Redacted), #27 Exhibit 29 M.J. Depo Excerpts (Redacted), #28 Exhibit 30 A.S. Depo Excerpts (Redacted), #29 Exhibit 31 M.S. Depo Excerpts (Redacted), #30 Exhibit 32 J.R. Depo Excerpts (Redacted), #31 Exhibit 33 J.C. Depo Excerpts (Redacted), #32 Exhibit 34 A.M. Depo Excerpts (Redacted), #33 Exhibit 35 S.P. Depo Excerpts (Redacted), #34 Exhibit 36 A.G. Depo. Excerpts (Redacted), #35 Exhibit 37 J.M. Depo. Excerpts (Redacted), #36 Exhibit 38 T.H. Depo. Excerpts (Redacted), #37 Exhibit 39 H. Email from WFG (EX 0012) H. Depo (Redacted), #38 Exhibit 40 M.S. Depo (Redacted), #39 Exhibit 41 L.W. Depo. Excerpts (Redacted), #40 Exhibit 42 P.B. Depo (Redacted), #41 Exhibit 43 K.D. Depo. Excerpts (Redacted), #42 Exhibit 44 G.T. Depo. Excerpts (Redacted), #43 Exhibit 45 S.O. Depo. Excerpts (Redacted), #44 Exhibit 46 W.O. Depo. Excerpts (Redacted), #45 Attachment Plaintiffs Memo of Law in Support of Motion for Partial Summary Judgment and Declaratory and Injunctive Relief (Redacted))(Quinn, John)
January 13, 2023 Opinion or Order Filing 341 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #318 Order on Motion for Leave to File Document Under Seal,,,,,,,,,,, Redacted Versions of Defendants Response in Opposition to Plaintiffs Motion for Partial Summary Judgment and Accompanying Exhibits (Attachments: #1 Attachment Defendants Response in Opposition to Plaintiffs Motion for Partial Summary Judgment and Declaratory and Injunctive Relief (Redacted), #2 Attachment Defendants Response to Plaintiffs Statement of Undisputed for Purposes of this Motion Only Facts for Motion for Partial Summary Judgment and Declaratory and Injunctive Relief (Redacted), #3 Exhibit 1 - Exhibit 13 to M.J. Deposition (Redacted), #4 Exhibit 3 - Excerpts from Deposition of Customer K.D. (Redacted), #5 Exhibit 4 - Excerpts from Deposition of Customer G.T. (Redacted), #6 Exhibit 5 - Excerpts from Deposition of Customer P.8. (Redacted), #7 Exhibit 6 - Excerpts from Deposition of Customer A.L. (Redacted), #8 Exhibit 7 - Excerpts from Deposition of Customer A.P. (Redacted), #9 Exhibit 8 - Excerpts from Deposition of Customer C.L. (Redacted), #10 Exhibit 9 - Excerpts from Deposition of T. Jacobs (Redacted), #11 Exhibit 10 - Excerpts from Deposition of L. Gray (Redacted), #12 Exhibit 11 - Excerpts from Deposition of Customer J.R. (Redacted), #13 Exhibit 12 - Excerpts from Deposition of Customer A.M. (Redacted), #14 Exhibit 13 - Excerpts from Deposition of Customer M.J. (Redacted), #15 Exhibit 14 - Excerpts from Deposition of Customer M.S. (Redacted), #16 Exhibit 16 - Excerpts from Deposition of Customer R.B. (Redacted), #17 Exhibit 17 - Excerpts from Deposition of Customer L.S. (Redacted), #18 Exhibit 18 - Excerpts from Deposition of Customer T.A. (Redacted), #19 Exhibit 19 - Excerpts from Deposition of Customer W.O. (Redacted), #20 Exhibit 20 - Excerpts from Deposition of Customer D.R. (Redacted), #21 Exhibit 22 - Declaration of Sandi Whitaker (Redacted), #22 Exhibit 23 - Expert Witness Report of B. Faughnan (Redacted), #23 Exhibit 24 -Excerpts from Deposition of Customer C.J. (Redacted), #24 Exhibit 25 - Excerpts from Deposition of Customer L.W. (Redacted), #25 Exhibit 26 - Excerpts from Deposition of Customer J.M. (Redacted), #26 Exhibit 27 - Excerpts from Deposition of Customer D.R. (Redacted), #27 Exhibit 30 - Excerpts from Deposition of Customer G.A. (Redacted), #28 Exhibit 31 - Excerpts from Deposition of Customer A.K. (Redacted), #29 Exhibit 36 - Excerpts from Deposition of Customer S.R. (Redacted), #30 Exhibit 37 - Excerpts from Deposition of Customer J.R. (Redacted), #31 Exhibit 38 - Excerpts from Deposition of Customer T.H. (Redacted), #32 Exhibit 39 - Excerpts from Deposition of Customer A.G (Redacted), #33 Exhibit 40 - Excerpts from Deposition of Customer S.P. (Redacted), #34 Exhibit 41 - Excerpts from Deposition of Customer A.M. (Redacted), #35 Exhibit 42 - Excerpts from Deposition of Customer J.C. (Redacted), #36 Exhibit 43 - Excerpts from Deposition of Customer A.S. (Redacted), #37 Exhibit 44 - Excerpts from Deposition of Customer M.S. (Redacted))(Quinn, John)
January 13, 2023 Opinion or Order Filing 340 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #318 Order on Motion for Leave to File Document Under Seal,,,,,,,,,,, Redacted Versions of Plaintiffs Response to Defendants' Motions for Summary Judgment and Accompanying Exhibits (Attachments: #1 Attachment Plaintiffs Response to McDowells Motion for Partial Summary Judgment (Redacted), #2 Attachment Plaintiffs Response to Wesley Financial Group, LLCs Motion for Partial Summary Judgment (Redacted), #3 Attachment Westgates Response to Defendant McDowells Statement of Material Facts (Redacted), #4 Attachment Westgate's Response to Defendant Wesley Financial Group, LLC's Statement of Material Facts (Redacted), #5 Attachment Plaintiffs' Supplemental Statement of Undisputed Facts, in Response to Wesleys and McDowells Motions for Partial Summary Judgment (Redacted), #6 Exhibit 48 - Deposition of Wesley Customer C.J. (Redacted), #7 Exhibit 49 - Deposition of Wesley Customer A.M. (Redacted), #8 Exhibit 51 - Deposition of Wesley Customer G.A. (Redacted), #9 Exhibit 52 - Deposition of Wesley Customer S.R.(Redacted), #10 Exhibit 53 - Deposition of Wesley Customer C.L. (Redacted), #11 Exhibit 54 - Deposition of Wesley Customer M.S. (Redacted), #12 Exhibit 55 - Deposition of Wesley Customer S.P. (Redacted), #13 Exhibit 56 - Deposition of Wesley Customer A.G. (Redacted), #14 Exhibit 57 - Deposition of Wesley Customer J.M. (Redacted), #15 Exhibit 58 - Deposition of Wesley Customer L.W. (Redacted), #16 Exhibit 60 - Deposition of Wesley Customer W.O. (Redacted), #17 Exhibit 61 - Deposition of Wesley Corporate Rep on Marketing (McDowell) (Redacted), #18 Exhibit 63 - Deposition of Wesley Corporate Rep on Sales (Browning) (Redacted), #19 Exhibit 64 - Deposition of Wesley Sales Representative Mark Irwin (Redacted), #20 Exhibit 66 - Deposition of Wesley Customer M.S. (Redacted), #21 Exhibit 67 - Deposition of Wesley Customer A.P. (Redacted), #22 Exhibit 68 - Deposition of Wesley Customer L.S. (Redacted), #23 Exhibit 69 - Deposition of Wesley Customer M.J. (Redacted), #24 Exhibit 70 - Deposition of Wesley Customer J.C. (Redacted), #25 Exhibit 71 - Deposition of Wesley Customer T.H. (Redacted), #26 Exhibit 72 - Deposition of Wesley Founder/CEO Chuck McDowell (Redacted), #27 Exhibit 74 - Deposition of Wesley Sales Representative Dan Halliman (Redacted, #28 Exhibit 75 - Deposition of Wesley Customer J.R. (Redacted), #29 Exhibit 76 - Deposition of Wesley Credit Repair Representative Katie Neher (Redacted), #30 Exhibit 59 - Deposition of Wesley Customer K.D. (Redacted))(Quinn, John)
January 13, 2023 Opinion or Order Filing 339 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #318 Order on Motion for Leave to File Document Under Seal,,,,,,,,,,, Redacted Versions of Memo in Support of Defendant Charles McDowell's Motion for Summary Judgment and Accompanying Exhibits (Attachments: #1 Attachment Memo in Support of Defendant Charles McDowells Motion for Summary Judgment (Redacted), #2 Attachment Defendant Charles William McDowell, IIIs Statement of Undisputed Material Facts (Redacted), #3 Exhibit 1 - Excerpts from Deposition of Charles McDowell III (Redacted), #4 Exhibit 5 - Customer J.M. Deposition Excerpts (Redacted), #5 Exhibit 6 - Customer S.R. Deposition Excerpts (Redacted), #6 Exhibit 7 - Customer C.C. Deposition Excerpts (Redacted), #7 Exhibit 8 - Customer M.D. Deposition (Redacted), #8 Exhibit 9 - Customer T.A. Deposition Excerpts (Redacted), #9 Exhibit 10 - Customer G.A. Deposition Excerpts (Redacted), #10 Exhibit 11 - Declaration of John Quinn with Attached Spreadsheets (Redacted))(Quinn, John)
January 13, 2023 Opinion or Order Filing 338 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #318 Order on Motion for Leave to File Document Under Seal,,,,,,,,,,, Redacted Versions of Memo of Law in Support of Defendant Wesley Financial Group, LLC's Motion for Partial Summary Judgment and Accompanying Exhibits (Attachments: #1 Attachment Memo of Law in Support of Defendant Wesley Financial Group, LLCs Motion for Partial Summary Judgment (Redacted), #2 Attachment Defendant Wesley Financial Group, LLCs Statement of Undisputed Material Facts (Redacted), #3 Exhibit 2 - Declaration of John Quinn with Attached Spreadsheets (Redacted), #4 Exhibit 4 - Customer C.J. Depositions Excerpts (Redacted), #5 Exhibit 5 - Customer L.W Depositions Excerpts (Redacted), #6 Exhibit 6 - Customer A.L Depositions Excerpts (Redacted), #7 Exhibit 7 - Customer J.M. Deposition Excerpts (Redacted), #8 Exhibit 8 - Customer A.M. Deposition Excerpts (Redacted), #9 Exhibit 9 - Customer D.R. Deposition Excerpts (Redacted), #10 Exhibit 10 - Exemplar Warranty Deed in Lieu of Foreclosure (Redacted), #11 Exhibit 12 - Customer G.A. Deposition Excerpts (Redacted), #12 Exhibit 13 - Customer A.M. Deposition Excerpts (Redacted), #13 Exhibit 17 - Exemplar Welcome Email (Redacted), #14 Exhibit 18 - Excerpts from Deposition of Taylor Jacobs (Redacted))(Quinn, John)
January 13, 2023 Opinion or Order Filing 337 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC Redacted Version of Exhibit A to Defendants' Daubert Motion (Report of Plaintiffs' Expert) (Attachments: #1 Exhibit A to Defendants Daubert Motion (Report of Plaintiffs Expert) (Redacted))(Quinn, John)
January 13, 2023 Opinion or Order Filing 336 Unopposed MOTION for Extension of Time to File Response/Reply as to #325 Response in Opposition to Motion, #333 Sealed Document, #326 Response in Opposition to Motion by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (New, Benjamin)
January 12, 2023 Opinion or Order Filing 335 ORDER granting #331 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 1/12/2023. (mg)
January 12, 2023 Opinion or Order Filing 334 ORDER granting #329 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 1/12/2023. (mg)
January 11, 2023 Opinion or Order Filing 333 Sealed Document Defendants' Response to Plaintiffs' Motion to Strike Declaration of Sandi Whitaker filed by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit A - Additional Gray Dep. Excerpts)(Quinn, John)
January 11, 2023 Opinion or Order Filing 332 MEMORANDUM in Support of #331 MOTION for Leave to File Document Under Seal Defendants' Response to Plaintiffs' Motion to Strike Declaration of Sandi Whitaker and Exhibit A filed by Charles William McDowell III, Wesley Financial Group, LLC . (Quinn, John)
January 11, 2023 Opinion or Order Filing 331 MOTION for Leave to File Document Under Seal Defendants' Response to Plaintiffs' Motion to Strike Declaration of Sandi Whitaker and Exhibit A by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 11, 2023 Opinion or Order Filing 330 Sealed Document Defendants' Response to Plaintiffs' Second Supplemental Statement of Undisputed Facts filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 11, 2023 Opinion or Order Filing 329 MOTION for Leave to File Document Under Seal Defendants' Response to Plaintiffs' Second Supplemental Statement of Facts by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 11, 2023 Opinion or Order Filing 328 MEMORANDUM in Support of #327 MOTION to Strike #302 Sealed Document,, filed by Charles William McDowell III, Wesley Financial Group, LLC . (Quinn, John)
January 11, 2023 Opinion or Order Filing 327 MOTION to Strike #302 Sealed Document,, by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 11, 2023 Opinion or Order Filing 326 RESPONSE in Opposition re #306 SEALED MOTION filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 11, 2023 Opinion or Order Filing 325 RESPONSE in Opposition re #295 MOTION to Exclude Expert Kelly filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 5, 2023 Opinion or Order Filing 324 ORDER granting #315 Motion to Unseal Exhibit #77 in Docket Entry No. #302 . Signed by District Judge Aleta A. Trauger on 1/5/2023. (mg)
January 5, 2023 Opinion or Order Filing 323 ORDER granting #314 Motion to Unseal Exhibits 6 and 7 in Docket Entry No. #304 . Signed by District Judge Aleta A. Trauger on 1/5/2023. (mg)
January 5, 2023 Opinion or Order Filing 322 ORDER granting #308 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 1/5/2023. (mg)
January 5, 2023 Opinion or Order Filing 321 ORDER granting #305 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 1/5/2023. (mg)
January 5, 2023 Opinion or Order Filing 320 ORDER granting #303 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 1/5/2023. (mg)
January 5, 2023 Opinion or Order Filing 319 ORDER granting #300 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 1/5/2023. (mg)
January 3, 2023 Opinion or Order Filing 318 ORDER: This matter is now before the Court upon several motions to file matters under seal. Docket Nos. #264 , #266 , #285 and #287 . Westgate's Motions (Docket No. #264 , #266 , #285 and #287 ) are GRANTED and the documents at issue will remain under seal. Wesley must file redacted versions of the documents in the public record no later than January 13, 2023. Signed by Magistrate Judge Jeffery S. Frensley on 1/3/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
December 29, 2022 Opinion or Order RECEIPT of Manual Filing by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #286 Sealed Document. Video thumb drive placed in Judge Trauger's box at intake. (kc)
December 28, 2022 Opinion or Order Filing 317 ORDER: Motion #316 for Extension of Time to Respond GRANTED. Extension to 1/11/2023. Signed by District Judge Aleta A. Trauger on 12/28/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
December 22, 2022 Opinion or Order Filing 316 MOTION for Extension of Time to File Response/Reply as to #303 MOTION for Leave to File Document Under Seal - Plaintiffs' Objection and Motion to Strike Whitaker Declaration, #304 Sealed Document,,, #300 MOTION for Leave to File Document Under Seal - (i) Plaintiffs' Reply to Wesley's Response to Plaintiffs' Motion for Partial Summary Judgment; and (ii) Plaintiffs' Second Supplemental Statement of Undisputed Facts, #305 MOTION for Leave to File Document Under Seal - Plaintiffs' Motion to Strike Defendants' Additional Facts in Response to Plaintiffs' Motion for Summary Judgment, #295 MOTION to Exclude Expert Kelly, #302 Sealed Document,, #306 Sealed Document,, by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
December 22, 2022 Opinion or Order Filing 315 MOTION to Unseal Document #302 Sealed Document,, filed by Westgate Resorts, Inc., Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Lakes, LLC, Westgate Vacation Villas, LLC, Westgate Towers, LLC, Westgate GV at the Woods, LLC, Westgate GV at Emerald Pointe, LLC, Westgate Daytona, LLC, Westgate RVS Orlando, LLC, Westgate South Beach, LLC, Westgate GV at Tunica, LLC, Westgate Resorts, Ltd., Westgate Blue Tree Orlando, Ltd., Westgate Myrtle Beach, LLC by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 22, 2022 Opinion or Order Filing 314 MOTION to Unseal Document #304 Sealed Document,,, filed by Westgate Resorts, Inc., Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Lakes, LLC, Westgate Vacation Villas, LLC, Westgate Towers, LLC, Westgate GV at the Woods, LLC, Westgate GV at Emerald Pointe, LLC, Westgate Daytona, LLC, Westgate RVS Orlando, LLC, Westgate South Beach, LLC, Westgate GV at Tunica, LLC, Westgate Resorts, Ltd., Westgate Blue Tree Orlando, Ltd., Westgate Myrtle Beach, LLC by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 21, 2022 Opinion or Order Filing 313 Sealed Document Exhibit 28 Lawrence Smith Depo Excerpts filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 30 Anthony Stinson Depo Excerpts, #2 Exhibit 31 Martha Suarez del Villar Depo Excerpts, #3 Exhibit 32 Jovita Romero Depo Excerpts, #4 Exhibit 33 Julian Collazos Depo Excerpts, #5 Exhibit 36 Alexis Gonzalez Depo Excerpts, #6 Exhibit 37 Joann Madonia Depo Excerpts, #7 Exhibit 38 Tiffany Holton Depo Excerpts, #8 Exhibit 41 Michelle Grivois-Sandberg Depo Excerpts)(Vance, Robert)
December 21, 2022 Opinion or Order Filing 312 NOTICE of Filing by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #294 Order on Motion for Leave to File Document Under Seal (Vance, Robert)
December 19, 2022 Opinion or Order Filing 311 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #310 Sealed Document,,, (Attachments: #1 Exhibit 5 - Tr. of Charles McDowell)(Quinn, John)
December 19, 2022 Opinion or Order Filing 310 Sealed Document Reply in Further Support of Wesley Financial Group, LLC's Motion for Partial Summary Judgment filed by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Attachment 1 - Reply in Further Support of Charles William McDowell, III's Motion for Summary Judgment, #2 Attachment 2 - Defendant's Response to Plaintiffs' Supplemental Statement of Undisputed Facts, In Response to Wesley's and McDowell's Motions for Partial Summary Judgment, #3 Exhibit 1 - Tr. of Customer G.A., #4 Exhibit 2 - Tr. of Customer S.R., #5 Exhibit 3 - Tr. of Customer M.S., #6 Exhibit 4 - Tr. of Customer J.M., #7 Exhibit 6 - Tr. of Mark Irwin, #8 Exhibit 7 - Tr. of Chuck McDowell, #9 Exhibit 8 - Tr. of Customer J.C.)(Quinn, John)
December 19, 2022 Opinion or Order Filing 309 MEMORANDUM in Support of #308 MOTION for Leave to File Document Under Seal filed by Charles William McDowell III, Wesley Financial Group, LLC . (Quinn, John)
December 19, 2022 Opinion or Order Filing 308 MOTION for Leave to File Document Under Seal by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
December 19, 2022 Opinion or Order Filing 307 MEMORANDUM in Support of #286 Sealed Document filed by Charles William McDowell III, Wesley Financial Group, LLC . (Quinn, John) Modified on 12/20/2022 (mg).
December 19, 2022 Opinion or Order Filing 306 Sealed MOTION Plaintiffs' Motion to Strike Defendants' Additional Facts in Response to Plaintiffs' Motion for Summary Judgment filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert) Modified event type to SEALED MOTION on 12/28/2022 (ln).
December 19, 2022 Opinion or Order Filing 305 MOTION for Leave to File Document Under Seal - Plaintiffs' Motion to Strike Defendants' Additional Facts in Response to Plaintiffs' Motion for Summary Judgment by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 19, 2022 Opinion or Order Filing 304 Sealed Document Plaintiffs' Objection and Motion to Strike Whitaker Declaration filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 1 - Declaration of Sandi Whitaker, #2 Exhibit 2 - Excerpts of Lauren Gray Depo, #3 Exhibit 3 - Excerpts of Jonathan Browning Depo, #4 Exhibit 4 - Excerpts of Chuck McDowell Depo, #5 Exhibit 5 - Excerpts of Taylor Jacobs Depo, #6 Exhibit 6 - Excerpts of Jared Saft Depo, #7 Exhibit 7 - Excerpts of John Willman Depo)(Vance, Robert)
December 19, 2022 Opinion or Order Filing 303 MOTION for Leave to File Document Under Seal - Plaintiffs' Objection and Motion to Strike Whitaker Declaration by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 19, 2022 Opinion or Order Filing 302 Sealed Document Plaintiffs' Second Supplemental Statement of Undisputed Facts filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 77 - Timing of Wesley Advertisement, #2 Exhibit 78 - Depo Excerpts of John Willman (6-3-22))(Vance, Robert)
December 19, 2022 Opinion or Order Filing 301 Sealed Document Plaintiffs' Reply to Wesley's Response to Plaintiffs' Motion for Partial Summary Judgment filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 19, 2022 Opinion or Order Filing 300 MOTION for Leave to File Document Under Seal - (i) Plaintiffs' Reply to Wesley's Response to Plaintiffs' Motion for Partial Summary Judgment; and (ii) Plaintiffs' Second Supplemental Statement of Undisputed Facts by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 19, 2022 Opinion or Order Filing 299 ORDER granting #297 Motion to Strike Exhibit 14 at #289 Sealed Document. Signed by District Judge Aleta A. Trauger on 12/19/2022. (mg)
December 19, 2022 Opinion or Order Filing 298 MOTION Oral Argument re #263 MOTION for Partial Summary Judgment and Declaratory and Injunctive Relief, #268 MOTION to Exclude Plaintiffs' Expert, #274 MOTION for Summary Judgment , #272 MOTION for Partial Summary Judgment by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 16, 2022 Opinion or Order Filing 297 Unopposed MOTION to Strike #289 Sealed Document by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Stipulation re Santos Deposition (12-2021))(Vance, Robert) Modified on 12/19/2022 (mg).
December 16, 2022 Opinion or Order Filing 296 RESPONSE to Motion re #287 MOTION for Leave to File Document Under Seal filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 16, 2022 Opinion or Order Filing 295 MOTION to Exclude Expert Kelly by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 16, 2022 Opinion or Order Filing 294 ORDER granting #293 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 12/16/2022. (mg)
December 15, 2022 Opinion or Order Filing 293 Unopposed MOTION for Leave to File Document Under Seal by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 12, 2022 Opinion or Order Filing 292 MEMORANDUM in Support of #264 MOTION for Leave to File Document Under Seal - Memorandum of Law in Support of Motion for Partial Summary Judgment - Statement of Undisputed Facts with Exhibits - Proposed Declaratory Judgment and Preliminary Injunction filed by Charles William McDowell III, Wesley Financial Group, LLC Continued Sealing of Sealed Documents. (Quinn, John)
December 6, 2022 Opinion or Order Filing 291 ORDER REFERRING MOTION: The pending motions to file documents under seal (Doc. Nos. #285 , #287 ) are hereby REFERRED to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 12/6/2022. (mg)
December 5, 2022 Opinion or Order Filing 290 NOTICE of Filing by Charles William McDowell III, Wesley Financial Group, LLC re #289 Sealed Document,,,,,,,,,,,, Exhibit 2 to Defendants' Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment and Declaratory and Injunctive Relief (Attachments: #1 Exhibit 2 - WFG Magazine Advertisement)(Quinn, John)
December 5, 2022 Opinion or Order Filing 289 Sealed Document Defendants' Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment and Declaratory and Injunctive Relief filed by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Attachment Defendants' Response to Plaintiffs' Statement of Undisputed for Purposes of this Motion Only Facts for Motion for Partial Summary Judgment and Declaratory and Injunctive Relief, #2 Exhibit 1 - Exhibit 13 to M.J. Deposition, #3 Exhibit 3 - Excerpts from Deposition of Customer K.D., #4 Exhibit 4 - Excerpts from Deposition of Customer G.T., #5 Exhibit 5 - Excerpts from Deposition of Customer P.B., #6 Exhibit 6 - Excerpts from Deposition of Customer A.L., #7 Exhibit 7 - Excerpts from Deposition of Customer A.P., #8 Exhibit 8 - Excerpts from Deposition of Customer C.L., #9 Exhibit 9 - Excerpts from Deposition of T. Jacobs, #10 Exhibit 10 - Excerpts from Deposition of L. Gray, #11 Exhibit 11 - Excerpts from Deposition of Customer J.R., #12 Exhibit 12 - Excerpts from Deposition of Customer A.M., #13 Exhibit 13 - Excerpts from Deposition of Customer M.J., # 14 Exhibit 14 - Excerpts from Deposition of Customer M.S., #15 Exhibit 15 - Declaration of Anthony W. Kelly, #16 Exhibit 16 - Excerpts from Deposition of Customer R.B., #17 Exhibit 17 - Excerpts from Deposition of Customer L.S., #18 Exhibit 18 - Excerpts from Deposition of Customer T.A., #19 Exhibit 19 - Excerpts from Deposition of Customer W.O., #20 Exhibit 20 - Excerpts from Deposition of Customer D.R., #21 Exhibit 21 - Excerpts from Deposition of J. Saft, #22 Exhibit 22 - Declaration of Sandi Whitaker, #23 Attachment 23 - Expert Witness Report of B. Faughnan, #24 Exhibit 24 - Excerpts from Deposition of Customer C.J., #25 Exhibit 25 - Excerpts from Deposition of Customer L.W., #26 Exhibit 26 - Excerpts from Deposition of Customer J.M., #27 Exhibit 27 - Excerpts from Deposition of Customer D.R., #28 Exhibit 28 - Excerpts from Deposition of K. Neher, #29 Exhibit 29 - Excerpts from Deposition of Chuck McDowell, #30 Exhibit 30 - Excerpts from Deposition of Customer G.A., #31 Exhibit 31 - Excerpts from Deposition of Customer A.K., #32 Exhibit 32 - Excerpts from Deposition of J. Willman 30(b)(6), #33 Exhibit 33 - Excerpts from Deposition of M. Irwin, #34 Exhibit 34 - Excerpts from Deposition of D. Halliman, #35 Exhibit 35 - Excerpts from Deposition of J. Browning (7/7/2021), #36 Exhibit 36 - Excerpts from Deposition of Customer S.R., #37 Exhibit 37 - Excerpts from Deposition of Customer J.R., #38 Exhibit 38 - Excerpts from Deposition of Customer T.H., #39 Exhibit 39 - Excerpts from Deposition of Customer A.G., #40 Exhibit 40 - Excerpts from Deposition of Customer S.P., #41 Exhibit 41 - Excerpts from Deposition of Customer A.M., #42 Exhibit 42 - Excerpts from Deposition of Customer J.C., #43 Exhibit 43 - Excerpts from Deposition of Customer A.S., #44 Exhibit 44 - Excerpts from Deposition of Customer M.S.)(Quinn, John)
December 5, 2022 Opinion or Order Filing 288 MEMORANDUM in Support of #287 MOTION for Leave to File Document Under Seal filed by Charles William McDowell III, Wesley Financial Group, LLC . (Quinn, John)
December 5, 2022 Opinion or Order Filing 287 MOTION for Leave to File Document Under Seal by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
December 5, 2022 Opinion or Order Filing 286 Sealed Document Lead Document: Plaintiff's Response to McDowell Motion for Partial Summary Judgment filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Attachment Plaintiff's Response to Wesley's Motion for Partial Summary Judgment, #2 Attachment Westgate's Response to McDowell's Statement of Material Facts, #3 Attachment Westgate's Response to Wesley's Statement of Material Facts, #4 Attachment Plaintiffs' Supplemental Statement of Undisputed Facts in Response to Wesley and McDowell Motions for Partial Summary Judgment, #5 Exhibit 48 Deposition of Wesley Customer Clayton Johns, #6 Exhibit 49 Deposition of Wesley Customer Ashley Moses, #7 Exhibit 51 Deposition of Wesley Customer Greg Allen, #8 Exhibit 52 Deposition of Wesley Customer Stephanie Robbins, #9 Exhibit 53 Deposition of Wesley Customer Celisse Lundy, #10 Exhibit 54 Deposition of Wesley Customer Martha Suarez del Villar, #11 Exhibit 55 Deposition of Wesley Customer Sonali Patel, #12 Exhibit 56 Deposition of Wesley Customer Alexis Gonzalez, #13 Exhibit 57 Deposition of Wesley Customer Joann Madonia, #14 Exhibit 58 Deposition of Wesley Customer Lenny Wiuff, #15 Exhibit 60 Deposition of Wesley Customer William Ong, #16 Exhibit 61 Deposition of Wesley Corporate Rep on Marketing (McDowell), #17 Exhibit 62 BBB Suspension Letter to Wesley, #18 Exhibit 63 Deposition of Wesley Corporate Rep on Sales (Browning), #19 Exhibit 64 Deposition of Wesley Sales Representative Mark Irwin, #20 Exhibit 65 Deposition of Wesley Executive Jon Browning, Individually, #21 Exhibit 66 Deposition of Wesley Customer Michelle Grivois-Sandberg, #22 Exhibit 67 Deposition of Wesley Customer Autumn Patterson, #23 Exhibit 68 Deposition of Wesley Customer Lawrence Smith, #24 Exhibit 69 Deposition of Wesley Customer Mary Jauregui, #25 Exhibit 70 Deposition of Wesley Customer Julian Collazos, #26 Exhibit 71 Deposition of Wesley Customer Tiffany Holton, #27 Exhibit 72 Deposition of Wesley Founder/CEO Chuck McDowell, #28 Exhibit 73 Deposition of Wesley Founder/CEO Chuck McDowell (Burgess), #29 Exhibit 74 Deposition of Wesley Sales Representative Dan Halliman, #30 Exhibit 75 Deposition of Wesley Customer Jovita Romero, #31 Exhibit 76 Deposition of Wesley Credit Repair Representative Katie Neher, #32 Exhibit 59 Deposition of Wesley Customer Karen Domogalik)(Vance, Robert)
December 5, 2022 Opinion or Order Filing 285 MOTION for Leave to File Document Under Seal Plaintiff's Response to McDowell Motion for Partial Summary Judgment; Plaintiff's Response to Wesley Motion for Partial Summary Judgment; Westgate Response to McDowell Statement of Material Facts; Westgate Response to Wesley Statement of Material Facts; Plaintiffs' Supplemental Statement of Undisputed Facts in Response to Wesley and McDowell Motions for Partial Summary Exhibits with Exhibits 48, 49, 51-76 by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 1, 2022 Opinion or Order Filing 284 REPLY to Response to re #268 MOTION to Exclude Plaintiffs' Expert filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
November 30, 2022 Opinion or Order Filing 283 ORDER: This matter is now before the Court upon Plaintiffs' Motion for Leave to File Under Seal. Docket No. #264 . Defendants have not responded to the Motion. Currently, there is no information before the Court that would allow it to seal the documents. Therefore, the documents will be unsealed unless, no later than December 12, 2022, Defendants file a brief explaining why they meet the Sixth Circuit's standard for sealing documents. Signed by Magistrate Judge Jeffery S. Frensley on 11/28/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
November 22, 2022 Opinion or Order Filing 282 ORDER granting #281 Motion for Extension of Time to File Reply re #268 Daubert Motion to Exclude Plaintiffs' Expert. Replies due by 12/1/2022. Signed by District Judge Aleta A. Trauger on 11/22/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
November 22, 2022 Opinion or Order Filing 281 Unopposed MOTION for Extension of Time to File Response/Reply as to #278 Response to Motion by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
November 22, 2022 Opinion or Order Filing 280 ORDER REFERRING MOTIONS: The pending motions to file documents under seal (Doc. Nos. #264 , #266 ) are hereby REFERRED to the Magistrate Judge for disposition. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 11/22/2022. (hb)
November 21, 2022 Opinion or Order Filing 279 RESPONSE to Motion re #266 MOTION for Leave to File Document Under Seal Related to Daubert Motion, Wesley's Motion for Partial Summary Judgment, and McDowell's Motion for Summary Judgment filed by Westgate Resorts, Ltd.. (Vance, Robert)
November 21, 2022 Opinion or Order Filing 278 RESPONSE to Motion re #268 MOTION to Exclude Plaintiffs' Expert Tyler Maulsby filed by Westgate Resorts, Ltd.. (Vance, Robert)
November 10, 2022 Opinion or Order Filing 277 ORDER granting #271 Motion for Leave to File Motion for Partial Summary Judgment. Signed by District Judge Aleta A. Trauger on 11/10/2022. (mg)
November 10, 2022 Opinion or Order Filing 276 ORDER granting #262 Motion for Leave to File Motion for Partial Summary Judgment. Signed by District Judge Aleta A. Trauger on 11/10/2022. (mg)
November 7, 2022 Opinion or Order Filing 275 Sealed Document Memorandum in Support of Motion for Summary Judgment filed by Charles William McDowell III. (Attachments: #1 Attachment Statement of Undisputed Material Facts, #2 Exhibit 1 - Excerpts from Deposition of Charles McDowell III, #3 Exhibit 2 - Excerpts from Deposition of John Willman, #4 Exhibit 5 - Customer J.M. Deposition Excerpts, #5 Exhibit 6- Customer S.R. Deposition Excerpts, #6 Exhibit 7 - Customer C.C. Deposition Excerpts, #7 Exhibit 8 - Customer M.D. Deposition, #8 Exhibit 9 - Customer T.A. Deposition Excerpts, #9 Exhibit 10 - Customer G.A. Deposition Excerpts, #10 Exhibit 11 - Declaration of John Quinn with Attached Spreadsheets)(Quinn, John)
November 7, 2022 Opinion or Order Filing 274 MOTION for Summary Judgment by Charles William McDowell III. (Attachments: #1 Exhibit 3 - Plaintiffs' Responses to McDowell's Ints., #2 Exhibit 4 - Excerpts from Deposition of Mark Irwin, #3 Exhibit 12 - Declaration of Missy Bezuidenhout)(Quinn, John)
November 7, 2022 Opinion or Order Filing 273 Sealed Document Memorandum in Support of Motion for Partial Summary Judgment filed by Wesley Financial Group, LLC. (Attachments: #1 Attachment Wesley's Statement of Undisputed Material Facts, #2 Exhibit 1 - Excerpts from Depositions of John Willman, #3 Exhibit 2 - Declaration of John Quinn with Attached Spreadsheets, #4 Exhibit 4 - Customer C.J. Depositions Excerpts, #5 Exhibit 5 - Customer L.W Depositions Excerpts, #6 Exhibit 6 - Customer A.L Depositions Excerpts, #7 Exhibit 7 - Customer J.M. Deposition Excerpts, #8 Exhibit 8 - Customer A.M. Deposition Excerpts, #9 Exhibit 9 - Customer D.R. Deposition Excerpts, #10 Exhibit 10 - Exemplar Warranty Deed in Lieu of Foreclosure, #11 Exhibit 12 - Customer G.A. Deposition Excerpts, #12 Exhibit 13 - Customer A.M. Deposition Excerpts, #13 Exhibit 17 - Exemplar Welcome Email, #14 Exhibit 18 - Excerpts from Deposition of Taylor Jacobs, #15 Exhibit 19 - Standard Operating Procedure, Complaint Researcher)(Quinn, John)
November 7, 2022 Opinion or Order Filing 272 MOTION for Partial Summary Judgment by Wesley Financial Group, LLC. (Attachments: #1 Exhibit 3- Declaration of Missy Bezuidenhoit, #2 Exhibit 11 - Plaintiffs' Supp. Answer to Wesley's Int. No. 7, #3 Exhibit 14 - Excerpts of Deposition of Katie Neher, #4 Exhibit 15 - Plaintiffs' Answer to Ints. 19 & 20, #5 Exhibit 16 - Plaintiffs' Answers to McDowells 2nd Set of Ints.)(Quinn, John)
November 7, 2022 Opinion or Order Filing 271 MOTION for Leave to to File Motion for Partial Summary Judgment by Wesley Financial Group, LLC. (Quinn, John)
November 7, 2022 Opinion or Order Filing 270 Sealed Document Exhibit A to Defendants' Daubert Motion (Report of Plaintiffs' Expert) filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
November 7, 2022 Opinion or Order Filing 269 MEMORANDUM in Support of #268 MOTION to Exclude Plaintiffs' Expert filed by Charles William McDowell III, Wesley Financial Group, LLC . (Quinn, John)
November 7, 2022 Opinion or Order Filing 268 MOTION to Exclude Plaintiffs' Expert by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
November 7, 2022 Opinion or Order Filing 267 MEMORANDUM in Support of #266 MOTION for Leave to File Document Under Seal Related to Daubert Motion, Wesley's Motion for Partial Summary Judgment, and McDowell's Motion for Summary Judgment filed by Charles William McDowell III, Wesley Financial Group, LLC . (Quinn, John)
November 7, 2022 Opinion or Order Filing 266 MOTION for Leave to File Document Under Seal Related to Daubert Motion, Wesley's Motion for Partial Summary Judgment, and McDowell's Motion for Summary Judgment by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
November 7, 2022 Opinion or Order Filing 265 Sealed Document (1) Memorandum of Law (2) Statement of Undisputed Facts with Exhibits (3) Proposed Declaratory Judgment and Preliminary Injunction filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Attachment Statement of Undisputed Facts, #2 Exhibit 1 Chuck McDowell Depo. Excerpts, #3 Exhibit 2 Steve Grauberger Depo. Excerpts, #4 Exhibit 3 Dan Halliman Depo. Excerpts, #5 Exhibit 4 Mark Irwin Depo. Excerpts, #6 Exhibit 5 Jon Browning Corp Depo. Excerpts, #7 Exhibit 7 Charles McDowell Depo. Excerpts, #8 Exhibit 8 Browning Depo Excerpts, #9 Exhibit 9 Wesley VP Script Prior to Dec. 2020, #10 Exhibit 10 Wesley VP Scrip Dec. 2020; Ex 202, #11 Exhibit 11 Katie Neher Depo. Excerpts, #12 Exhibit 12 Lauren Gray Depo. Excerpts, #13 Exhibit 13 Taylor Jacobs Depo. Excerpts, #14 Exhibit 14 Grauberger Ackn Cxl Without Wesley, #15 Exhibit 15 Jacobs Work File Fast Since Already Default, #16 Exhibit 16 Westgate Stopping Payment, #17 Exhibit 17 Wesley 18-Month Service Agreement, #18 Exhibit 18 Wesley 36-Month Service Agreement, #19 Exhibit 19 Wesley 36-Month Enrollment Agreement, #20 Exhibit 20 Grauberger Recommend Sign Affidavit, #21 Exhibit 22 Grauberger Letter Full Time Legal Staff & 90% Success, #22 Exhibit 23 Greg Allen Depo Excerpts, #23 Exhibit 24 Stephanie Robbins Depo Excerpts, #24 Exhibit 25 Celisse Lundy Depo Excerpts, #25 Exhibit 26 Autumn Patterson Depo Excerpts, #26 Exhibit 27 Jay Rosero Depo Excerpts, #27 Exhibit 28 - Lawrence Smith Depo Excerpts, #28 Exhibit 29 Mary Jauregui Depo Excerpts, #29 Exhibit 30 Anthony Stinson Depo Excerpts, #30 Exhibit 31 Martha Suarez del Villar Depo Excerpts, #31 Exhibit 32 Jovita Romero Depo Excerpts, #32 Exhibit 33 Julian Collazos Depo Excerpts, #33 Exhibit 34 Ashley Mohn Depo Excerpts, #34 Exhibit 35 Sonali Patel Depo Excerpts, #35 Exhibit 36 Alexis Gonzalez Depo. Excerpts, #36 Exhibit 37 Joann Madonia Depo. Excerpts, #37 Exhibit 38 Tiffany Holton Depo. Excerpts, #38 Exhibit 39 Holton Email from WFG (EX 0012) Holton Depo., #39 Exhibit 40 Michelle Grivois-Sandberg Depo, #40 Exhibit 41 Lenny Wuiff Depo. Excerpts, #41 Exhibit 42 Prisilla Boswell Depo. Excerpts, #42 Exhibit 43 Karen Domogalik Depo. Excerpts, #43 Exhibit 44 Gina Tichnell Depo. Excerpts, #44 Exhibit 45 Suzanne Ott Depo. Excerpts, #45 Exhibit 46 William Ong Depo. Excerpts, #46 Attachment Proposed Declaratory Judgment and Preliminary Injunction)(Vance, Robert)
November 7, 2022 Opinion or Order Filing 264 MOTION for Leave to File Document Under Seal - Memorandum of Law in Support of Motion for Partial Summary Judgment - Statement of Undisputed Facts with Exhibits - Proposed Declaratory Judgment and Preliminary Injunction by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
November 7, 2022 Opinion or Order Filing 263 MOTION for Partial Summary Judgment and Declaratory and Injunctive Relief by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 6 - John Roland Affidavit, #2 Exhibit 21 - Affidavit Form - Gina Tichnell)(Vance, Robert)
November 7, 2022 Opinion or Order Filing 262 MOTION for Leave to to File Motion for Partial Summary Judgment by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
October 18, 2022 Opinion or Order Filing 261 ORDER: By Order entered May 25, 2022 (Doc. No. #237 ), the court relieved the parties of the deadline for the filing of dispositive motions so that they could focus on mediation efforts, which proved unsuccessful. It is therefore ORDERED that the new deadline for the filing of dispositive motions is hereby set for November 7, 2022, with responses due December 5, 2022 and optional replies due December 19, 2022. The trial and pretrial conference scheduled for November 2022 are hereby CONTINUED, to be reset, if appropriate, following decision on dispositive motions. Signed by District Judge Aleta A. Trauger on 10/18/2022. (mg)
August 24, 2022 Opinion or Order Filing 260 REPORT of Mediation filed by Joe B. Brown, Mediator (***CASE DID NOT SETTLE***) (bs)
August 18, 2022 Opinion or Order Filing 259 ORDER granting #257 and #258 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Carl S. Burkhalter and Walter A. Dodgen, Jr. to Appear Pro Hac Vice are granted. Signed by Lynda Hill, Clerk of Court, on 08/18/2022. (lh)
August 15, 2022 Opinion or Order AL State Bar status verified as active for Carl S. Burkhalter, and Walter A. Dodgen Jr not admitted to this court - Local counsel secured. (mg)
August 15, 2022 Opinion or Order NOTICE TO FILER re DE#257 , #258 : These documents were generated by use of a template that was not converted to PDF; therefore, leaving room for document to be altered. Documents must be text searchable. You do not have to refile these documents, however, future scanned documents of this nature may require refiling. (mg)
August 11, 2022 Opinion or Order Filing 258 MOTION for attorney Walter A. Dodgen, Jr. to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3645640) by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Attachment Certificate of Good Standing - Walter A. Dodgen, Jr.)(Quinn, John)
August 11, 2022 Opinion or Order Filing 257 MOTION for attorney Carl S. Burkhalter to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3645621) by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Attachment Certificate of Good Standing for Carl S. Burkhalter)(Quinn, John)
July 26, 2022 Opinion or Order Filing 256 ORDER: This matter is now before the Court upon two Motions filed by Plaintiffs titled "Plaintiffs' Motion for Leave to File Documents Under Seal." Docket Nos. #247 , #250 . For the foregoing reasons, Plaintiffs' Motions (Docket Nos. #247 , #250 ) are GRANTED. Docket Nos. 248-4 and 251-4 will be maintained under seal. Signed by Magistrate Judge Jeffery S. Frensley on 7/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
July 22, 2022 Opinion or Order Filing 255 RESPONSE in Support re #250 MOTION for Leave to File Document Under Seal filed by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit J (Redacted) to Plaintiffs' Opposition to Fifth Motion to Modify)(Quinn, John)
July 13, 2022 Opinion or Order Filing 254 ORDER: This matter is now before the Court upon "Defendants' Fifth Motion to Modify Initial Case Management Order by Allowing for a Single Deposition to Occur on July 27" filed by Wesley. Docket No. #244 . [W]hile Wesley's Motion (Docket No. #244 ) is DENIED to the extent that the fact discovery deadline will not be extended, Wesley may take the deposition of Mr. Clements by remote means for a maximum of two hours (as Wesley has indicated it will do) out of time on July 27, 2022. Signed by Magistrate Judge Jeffery S. Frensley on 7/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
July 12, 2022 Opinion or Order Filing 253 RESPONSE in Support re #244 Fifth MOTION to Modify Initial Case Management Order by Allowing for a Single Deposition to Occur on July 27 filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
July 6, 2022 Opinion or Order Filing 252 ORDER REFERRING MOTIONS: Defendants' Fifth Motion to Modify Initial Case Management Order by Allowing for a Single Deposition to Occur on July 27 (Docket No. #244 ) and Plaintiffs' Motion for Leave to File Document Under Seal (Docket No. #247 ) are hereby REFERRED to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 7/6/2022. (mg)
July 5, 2022 Opinion or Order Filing 251 Sealed Document filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - 10-1-19 BBB Letter, #2 Exhibit B - 10-2-19 Wesley letter to BBB, #3 Exhibit C - 10-3-19 Wesley E-Mail, #4 Exhibit J - McDowell Depo Excerpts)(Vance, Robert)
July 5, 2022 Opinion or Order Filing 250 MOTION for Leave to File Document Under Seal by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
July 5, 2022 Opinion or Order Filing 249 RESPONSE in Opposition re #244 Fifth MOTION to Modify Initial Case Management Order by Allowing for a Single Deposition to Occur on July 27 AMENDED filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Under Seal - 10-1-19 BBB Letter, #2 Exhibit B - Under Seal - 10-2-19 Wesley letter to BBB, #3 Exhibit C - Under Seal - 10-3-19 Wesley E-Mail, #4 Exhibit D - Grauberger Response to BBB, #5 Exhibit E - Wesley Subpoena to ARDA, #6 Exhibit F - Wesley Subpoena to BBB, #7 Exhibit G - McDowell Excerpts, #8 Exhibit H - Grauberger Excerpts, #9 Exhibit I - Wesley Request for Depo, #10 Exhibit J - Under Seal - McDowell Depo Excerpts)(Vance, Robert)
July 1, 2022 Opinion or Order Filing 248 Sealed Document filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - 10-1-19 BBB Letter, #2 Exhibit B - 10-2-19 Wesley Letter to BBB, #3 Exhibit C - 10-3-19 Wesley E-Mail, #4 Exhibit J - McDowell Depo Excerpts)(Vance, Robert)
July 1, 2022 Opinion or Order Filing 247 MOTION for Leave to File Document Under Seal by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
July 1, 2022 Opinion or Order Filing 246 RESPONSE in Opposition re #244 Fifth MOTION to Modify Initial Case Management Order by Allowing for a Single Deposition to Occur on July 27 filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Under Seal - 10-1-19 BBB Letter, #2 Exhibit B - Under Seal - 10-2-19 Wesley letter to BBB, #3 Exhibit C - Under Seal - 10-3-19 Wesley E-Mail, #4 Exhibit D - Grauberger Response to BBB, #5 Exhibit E - Wesley Subpoena to ARDA, #6 Exhibit F - Wesley Subpoena to BBB, #7 Exhibit G - McDowell Excerpts, #8 Exhibit H - Grauberger Excerpts, #9 Exhibit I - Wesley Request for Depo, #10 Exhibit J - Under Seal - McDowell Depo Excerpts)(Vance, Robert)
June 30, 2022 Opinion or Order Filing 245 MEMORANDUM in Support of #244 Fifth MOTION to Modify Initial Case Management Order by Allowing for a Single Deposition to Occur on July 27 filed by Charles William McDowell III, Wesley Financial Group, LLC . (Attachments: #1 Exhibit 1 - Excerpts from Grauberger Deposition, #2 Exhibit 2 - Excerpts from McDowell Deposition)(Quinn, John)
June 30, 2022 Opinion or Order Filing 244 Fifth MOTION to Modify Initial Case Management Order by Allowing for a Single Deposition to Occur on July 27 by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
June 17, 2022 Opinion or Order Filing 243 ORDER: This matter is now before the Court upon Wesley's "Fourth Motion to Modify Initial Case Management Order by Extending Fact Discovery Only." Docket No. #238 . For the foregoing reasons, Wesley's Motion (Docket No. #238 ) is GRANTED. Fact discovery must be completed no later than July 1, 2022. No further extensions will be granted. Signed by Magistrate Judge Jeffery S. Frensley on 6/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
June 6, 2022 Opinion or Order Filing 242 ORDER REFERRING MOTION: The Defendants' Fourth Motion to Modify Initial Case Management Order by Extending Fact Discovery Only (Doc. No. #238 ), to which the plaintiffs have filed a Response (Doc. No. #239 ), and the defendants have filed a Reply (Doc. No. #241 ) is REFERRED to the Magistrate Judge for disposition. The Magistrate Judge is in a better position than the district court to weigh the arguments being waged on both sides with regard to this motion. Signed by District Judge Aleta A. Trauger on 6/6/2066. (mg)
June 3, 2022 Opinion or Order Filing 241 RESPONSE in Support re #238 Fourth MOTION to Modify Initial Case Management Order by Extending Fact Discovery Only re #233 Order,, Terminate Motions,, Set Deadlines, filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
June 2, 2022 Opinion or Order Filing 240 JOINT MEDIATION REPORT filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
June 2, 2022 Opinion or Order Filing 239 RESPONSE in Opposition re #238 Fourth MOTION to Modify Initial Case Management Order by Extending Fact Discovery Only re #233 Order,, Terminate Motions,, Set Deadlines, filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
June 1, 2022 Opinion or Order Filing 238 Fourth MOTION to Modify Initial Case Management Order by Extending Fact Discovery Only re #233 Order,, Terminate Motions,, Set Deadlines, by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
May 25, 2022 Opinion or Order Filing 237 ORDER: A telephone conference was held with counsel for the parties on May 24, 2022. The following are hereby ORDERED: 3. The parties are relieved of the June 15, 2022 dispositive deadline so that they may focus on mediation, rather than the drafting of dispositive motions. The deadline will be reset by later order of the court, should the mediation not be successful. 4. The parties shall file a joint mediation report by June 2, 2022 that informs the court of the name of their mediator and the date for the mediation. Signed by District Judge Aleta A. Trauger on 5/25/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
May 24, 2022 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Discovery Dispute Telephone Conference held on 5/24/2022. (Hearing lasted :35)(kb)
May 23, 2022 Opinion or Order Filing 236 CORRECTED ORDER: It is hereby ORDERED that a discovery dispute telephone conference will be held with counsel for the parties on Tuesday, May 24, 2022 at 3:00 p.m. Judge Trauger's Courtroom Deputy will email to counsel the number they should call in order to participate in the telephone conference. Signed by District Judge Aleta A. Trauger on 5/23/2022. (ds)
May 23, 2022 Opinion or Order Filing 235 ORDER: It is hereby ORDERED that a discovery dispute telephone conference will be held with counsel for the parties on Tuesday, May 31, 2022 at 3:00 p.m. Judge Trauger's Courtroom Deputy will email to counsel the number they should call in order to participate in the telephone conference. Signed by District Judge Aleta A. Trauger on 5/23/2022. (bs)
May 13, 2022 Opinion or Order Filing 234 NOTICE by Charles William McDowell III, Wesley Financial Group, LLC re #231 Order,, Joint Notice Concerning Mediation (Quinn, John)
May 9, 2022 Opinion or Order Filing 233 ORDER: Motion to Modify Initial Case Management Order by Extending Fact Discovery #232 only is GRANTED. Extension as requested (Discovery due by 6/3/2022). Signed by District Judge Aleta A. Trauger on 5/9/2022. (mg) Modified text on 5/13/2022 (hb).
April 29, 2022 Opinion or Order Filing 232 MOTION for Extension of Time to Complete Discovery by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
April 29, 2022 Opinion or Order Filing 231 ORDER: The Parties' Joint Motion for Judicial Settlement Conference was referred to the undersigned to arrange a judicial settlement conference. Docket No. #224 . Due to the Court's workload, the magistrate judges are unable to conduct a judicial settlement conference in this matter. Therefore, the Parties shall engage in private mediation. They may wish to contact retired Magistrate Judge Joe Brown to determine his availability to conduct mediation. By May 13, 2022, the Parties shall file a joint notice advising that they have selected a mediator and the date for mediation. IT IS SO ORDERED. Signed by Magistrate Judge Jeffery S. Frensley on 4/29/2022. (hb)
April 15, 2022 Opinion or Order Filing 230 ORDER granting #229 JOINT MOTION FOR EXTENSION OF TIME TO COMPLETE EXPERT DEPOSITIONS. Motion GRANTED for a 1-week extension. Signed by District Judge Aleta A. Trauger on 4/15/2022. (bs)
April 15, 2022 Opinion or Order Filing 229 Joint MOTION for Extension of Time to Complete Discovery Related to Expert Deposition Deadlines Only by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
April 11, 2022 Opinion or Order Filing 228 ORDER: This matter is now before the Court upon Wesley's "Motion to Compel Production of FRCP 30(B)(6) Corporate Representative." Docket No. #205 . Wesley's Motion (Docket No. #205 ) is DENIED. Westgate need not submit to deposition questioning pursuant to Topics Nos. 1(e) or 12, as described in Docket No. 206-1. Signed by Magistrate Judge Jeffery S. Frensley on 4/11/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
April 5, 2022 Opinion or Order Filing 227 ANSWER to #217 Amended Complaint,, by Charles William McDowell III, Wesley Financial Group, LLC.(Quinn, John)
April 4, 2022 Opinion or Order Filing 226 ORDER: Motion #225 to Modify Initial Case Management Order by Extending Fact Discovery Only GRANTED for extension to 5/15/2022. Signed by District Judge Aleta A. Trauger on 4/4/2022. (ln)
April 1, 2022 Opinion or Order Filing 225 Second MOTION for Extension of Time to Complete Discovery and Modify Initial Case Management Order by Wesley Financial Group, LLC. (Quinn, John)
March 30, 2022 Opinion or Order Filing 224 ORDER: The Joint Motion for Judicial Settlement Conference (Doc. No. #223 ) is GRANTED. This case is REFERRED to Magistrate Judge Frensley, to whom it is assigned, to arrange for a judicial settlement conference to be conducted either by himself or by another Magistrate Judge. Signed by District Judge Aleta A. Trauger on 3/30/2022. (mg)
March 30, 2022 Opinion or Order Filing 223 JOINT MOTION FOR JUDICIAL SETTLEMENT CONFERENCE and MEDIATION REPORT and Joint Motion for Judicial Settlement Conference filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert) Modified on 3/30/2022 (mg).
March 25, 2022 Opinion or Order Filing 222 NOTICE by Wesley Financial Group, LLC re #193 Sealed Document, NOTICE OF RE-FILING (Attachments: #1 Exhibit 2 Westgate 101 (Resolutions) (Redacted), #2 Exhibit 3 Westgate Information Chart (Redacted), #3 Exhibit 4 Grauberger Depo Excerpts (Redacted), #4 Exhibit 17 Stop Payment March 2020 (Redacted), #5 Exhibit 18 Stop Payment August 2019 (Redacted), #6 Exhibit 19 Stop Payment October 2018 (Redacted), #7 Exhibit 20 Stop Payment April 2018 (Redacted), #8 Exhibit 21 Westgate 101 Resolutions (Redacted), #9 Exhibit 22 Help log in to stop payment (Redacted), #10 Exhibit 23 Help log in to stop payment (Redacted), #11 Exhibit 25 WF Disabled Autopay (Redacted), #12 Exhibit 29 Caller ID Faker Instructions (Redacted), #13 Exhibit 36 10-3- VOD (Redacted), #14 Exhibit 37 7-16-18 VOD (Redacted), #15 Exhibit 38 6-10-19 VOD (Redacted), #16 Exhibit 39 4-18-19 (Redacted), #17 Exhibit 42 5-29-19 Slack with Grauberger re: exit fees and suspensions (Redacted), #18 Exhibit 43 Suspend Account Agreement (Redacted), #19 Exhibit 44 Rosero Transcript (Redacted), #20 Exhibit 46 Legal Binding Contract (Redacted), #21 Exhibit 47 General Overview (Redacted), #22 Exhibit 48 10-16-18 WF Will Send Third Party Complaint to List (Redacted), #23 Exhibit 51 Combined Non WG Customers Mutual Release (Redacted))(Quinn, John) Modified on 3/28/2022 (mg).
March 25, 2022 Opinion or Order Filing 221 NOTICE by Wesley Financial Group, LLC re #187 Sealed Document, NOTICE OF RE-FILING (Attachments: #1 Exhibit 7 Credit FAQ (Redacted), #2 Exhibit 8 Credit Repair Memo (Redacted), #3 Exhibit 13 Transcript of Neher Deposition (Redacted), #4 Exhibit 19 Transcript of Sandberg Deposition (Redacted), #5 Exhibit 22 10-12-20 WFD Agreement (Redacted))(Quinn, John) Modified on 3/28/2022 (mg).
March 25, 2022 Opinion or Order Filing 220 NOTICE of Filing by Wesley Financial Group, LLC re #187 Sealed Document, NOTICE OF RE-FILING (Attachments: #1 Exhibit 7 Credit FAQ (Redacted), #2 Exhibit 8 Credit Repair Memo (Redacted), #3 Exhibit 13 Transcript of Neher Deposition (Redacted), #4 Exhibit 19 Transcript of Sandberg Deposition (Redacted), #5 Exhibit 22 10-12-20 WF Agreement (Redacted))(Garcia, Marisa) Modified on 3/28/2022 (mg).
March 25, 2022 Opinion or Order NOTICE TO FILER re DE#218 , #219 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (mg)
March 24, 2022 Opinion or Order Filing 219 NOTICE of Filing by Wesley Financial Group, LLC re #193 Sealed Document, (Attachments: #1 Exhibit 2 Redacted, #2 Exhibit 3 Redacted, #3 Exhibit 4 Redacted, #4 Exhibit 17 Redacted, #5 Exhibit 18 Redacted, #6 Exhibit 19 Redacted, #7 Exhibit 20 Redacted, #8 Exhibit 21 Redacted, #9 Exhibit 22 Redacted, #10 Exhibit 23 Redacted, #11 Exhibit 25 Redacted, #12 Exhibit 29 Redacted, #13 Exhibit 36 Redacted, #14 Exhibit 37 Redacted, #15 Exhibit 38 Redacted, #16 Exhibit 39 Redacted, #17 Exhibit 42 Redacted, #18 Exhibit 43 Redacted, #19 Exhibit 46 Redacted, #20 Exhibit 47 Redacted, #21 Exhibit 48 Redacted, #22 Exhibit 51 Redacted)(Quinn, John) Modified on 3/25/2022 (mg).
March 24, 2022 Opinion or Order Filing 218 ***DISREGARD, REFILED WITH EXHIBITS IDENTIFIED, SEE DOCKET ENTRY NO. #220 *** NOTICE of Filing by Wesley Financial Group, LLC re #187 Sealed Document, (Attachments: #1 Exhibit 7 Redacted, #2 Exhibit 8 Redacted, #3 Exhibit 13 Redacted, #4 Exhibit 19 Redacted, #5 Exhibit 22 Redacted)(Quinn, John) Modified on 3/25/2022 (mg). Modified on 3/28/2022 (mg).
March 22, 2022 Opinion or Order Filing 217 AMENDED COMPLAINT Third Amended Complaint for Injunctive Relief and Damages against All Defendants, filed by Westgate Resorts, Inc., Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Blue Tree Orlando, Ltd., Westgate GV at Tunica, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Daytona, LLC, Westgate RVS Orlando, LLC, Westgate Myrtle Beach, LLC, Westgate Lakes, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at the Woods, LLC.(Vance, Robert)
March 8, 2022 Opinion or Order Filing 216 RESPONSE in Opposition re #205 MOTION to Compel Production of 30(b)(6) Representative filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
March 8, 2022 Opinion or Order Filing 215 MEMORANDUM and ORDER: Before the court is the plaintiffs' Motion for Leave to File Third Amended Complaint (Doc. No. #199 ). For the reasons set forth herein, Westgate's Motion for Leave to File Third Amended Complaint (Doc. No. #199 ) is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED, insofar as the plaintiff will be permitted to file a Third Amended Complaint that (1) omits the Lanham Act claim asserted in Count I of the SAC and the allegations supporting it; and (2) supplements and clarifies the allegations regarding the plaintiffs' citizenship, for purposes of establishing the existence of diversity jurisdiction. The motion is DENIED in all other respects. The plaintiff SHALL file a Third Amended Complaint making the permitted amendments by or before March 22, 2022. The Clerk is directed to STRIKE the Third Amended Complaint filed at Doc. No. 214 , to avoid confusion in the record. Signed by District Judge Aleta A. Trauger on 3/8/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
March 4, 2022 Opinion or Order Filing 214 ***STRICKEN, PER ORDER #215 *** AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES against All Defendants, filed by Westgate Resorts, Inc., Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Blue Tree Orlando, Ltd., Westgate GV at Tunica, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Daytona, LLC, Westgate RVS Orlando, LLC, Westgate Myrtle Beach, LLC, Westgate Lakes, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at the Woods, LLC.(Epstein, Richard) Modified on 3/8/2022 (mg). Modified on 3/8/2022 (mg).
March 2, 2022 Opinion or Order Filing 213 ORDER: Before the court is the plaintiffs' Motion for Leave to File Third Amended Complaint (Doc. No. #199 ), filed along with its proposed Third Amended Complaint ("TAC") (Doc. No. 199-1). The proposed Third Amended Complaint is not in compliance with Local Rule 7.03(a), which requires that all papers filed in this court "must be formatted... with one-inch margins." The plaintiffs, therefore, SHALL FILE a corrected Proposed Third Amended Complaint no later than Friday, March 4, 2022 that complies with Local Rule 7.03 and, more to the point, has the same margins, spacing, and font as the Second Amended Complaint. Signed by District Judge Aleta A. Trauger on 3/2/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
February 24, 2022 Opinion or Order Filing 212 ORDER: This matter is now before the Court upon "Plaintiffs' Motion for Oral Argument on Parties' Motions to Compel (DE #182 ; DE #185 )." Docket No. #195 . The Court has adjudicated the underlying Motions without need for oral argument. Docket Nos. #208 , #209 . Therefore, Plaintiffs' Motion (Docket No. #195 ) is DENIED as moot. Signed by Magistrate Judge Jeffery S. Frensley on 2/24/2022. (mg)
February 24, 2022 Opinion or Order Filing 211 ORDER: This matter is now before the Court upon a Motion for Leave to File Documents Under Seal filed by Westgate. Docket No. #192 . For the foregoing reasons, Wesley's Motion (Docket No. #192 ) is GRANTED and the documents at issue will remain under seal. To the extent it has not already done so, Wesley must file redacted versions of the documents in the public record no later than March 24, 2022. Signed by Magistrate Judge Jeffery S. Frensley on 2/24/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
February 24, 2022 Opinion or Order Filing 210 ORDER: This matter is now before the Court upon a Motion for Leave to File Documents Under Seal filed by Westgate. Docket No. #186 . For the foregoing reasons, Wesley's Motion (Docket No. #186 ) is GRANTED and the documents at issue will remain under seal. To the extent it has not already done so, Wesley must file redacted versions of the documents in the public record no later than March 24, 2022. Signed by Magistrate Judge Jeffery S. Frensley on 2/24/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
February 24, 2022 Opinion or Order Filing 209 ORDER: This matter is now before the Court upon a "Motion to Compel Discovery as to Credit Repair Services and Certain Post-Litigation Conduct and Memorandum of Law in Support" filed by Westgate. Docket No. #185 . For the foregoing reasons, Westgate's Motion (Docket No. #185 ) is GRANTED IN PART and DENIED IN PART. Wesley must produce documents responsive to disputed Requests Nos. 5-24 (as set forth in Docket No. 185-10, p. 2-5). Wesley's objections to deposition topics 45-56 are overruled and Wesley must provide a witness to testify as to those topics. Wesley has provided sufficient testimony on topics 42, 43, and 44. Wesley's objections to disputed Requests Nos. 4-16 (as set forth in Docket No. 185-14, p. 2-4) are sustained. No further response to those Requests is required. Signed by Magistrate Judge Jeffery S. Frensley on 2/24/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
February 24, 2022 Opinion or Order Filing 208 ORDER: This matter is now before the Court upon a Motion to Compel filed by Wesley. Docket No. #182 . Wesley's Motion (Docket No. 182) is GRANTED IN PART and DENIED IN PART. Signed by Magistrate Judge Jeffery S. Frensley on 2/24/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
February 23, 2022 Opinion or Order Filing 207 ORDER REFERRING MOTION: It is hereby ORDERED that the Defendants' Motion to Compel Production of FRCP 30(B)(6) Corporate Representative (Doc. No. #205 ), is hereby REFERRED to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 2/23/2022. (mg)
February 22, 2022 Opinion or Order Filing 206 MEMORANDUM in Support of #205 MOTION to Compel Production of 30(b)(6) Representative filed by Charles William McDowell III, Wesley Financial Group, LLC . (Attachments: #1 Exhibit A -- Notice of Deposition under Rule 30(b)(6) with Disputed Topics Highlighted)(Quinn, John)
February 22, 2022 Opinion or Order Filing 205 MOTION to Compel Production of 30(b)(6) Representative by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 31, 2022 Opinion or Order Filing 204 RESPONSE in Support re #192 MOTION for Leave to File Document Under Seal Continued Sealing of Sealed Documents filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 13, 2022 Opinion or Order Filing 203 ORDER GRANTING #198 MOTION to Amend/Correct. Discovery deadline is extended to 4/15/2022. Signed by District Judge Aleta A. Trauger on 1/13/2022. (mg) Modified on 1/13/2022 (mg).
January 12, 2022 Opinion or Order Filing 202 RESPONSE to Motion re #199 MOTION for Leave to to File Third Amended Complaint filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 12, 2022 Opinion or Order Filing 201 RESPONSE in Support re #198 MOTION to Amend/Correct #138 Order on Motion for Miscellaneous Relief, Initial Case Management Order by Extending Fact Discovery Only filed by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
January 10, 2022 Opinion or Order Filing 200 RESPONSE in Opposition re #198 MOTION to Amend/Correct #138 Order on Motion for Miscellaneous Relief, Initial Case Management Order by Extending Fact Discovery Only filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 29, 2021 Opinion or Order Filing 199 MOTION for Leave to to File Third Amended Complaint by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Third Amended Complaint for Injunctive Relief and Damages)(Vance, Robert)
December 29, 2021 Opinion or Order Filing 198 MOTION to Amend/Correct #138 Order on Motion for Miscellaneous Relief, Initial Case Management Order by Extending Fact Discovery Only by Charles William McDowell III, Wesley Financial Group, LLC. (Quinn, John)
December 27, 2021 Opinion or Order Filing 197 NOTICE of Filing of Manual Exhibit of Audio Recordings re #191 Response in Opposition to Motion to Compel filed by Westgate Resort Plaintiffs. (Vance, Robert) Modified on 12/27/2021 (mg).
December 23, 2021 Opinion or Order Filing 196 MEMORANDUM in Support of #187 Sealed Document, #186 MOTION for Leave to File Document Under Seal filed by Charles William McDowell III, Wesley Financial Group, LLC . (Quinn, John) Modified on 12/27/2021 (mg).
December 23, 2021 Opinion or Order Filing 195 Plaintiff's MOTION FOR ORAL ARGUMENT on Parties Motion to Compel by Westgate Resorts, Ltd.. (Backman, Jeffrey) Modified on 12/27/2021 to correct title of document. (ds)
December 23, 2021 Opinion or Order Filing 194 RESPONSE in Opposition re #185 MOTION to Compel Discovery as to Credit Repair Services and Certain Post-Litigation Conduct and Memorandum of Law in Support filed by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit 1 - Defendant Wesley Financial Group, LLC's Supplemental Responses to Plaintiffs' Fourth Request for Production)(Quinn, John)
December 22, 2021 Opinion or Order RECEIPT of Manual Filing by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #193 Sealed Document (Exhibits to Plaintiff's Opposition to Defendants' Motion to Compel Responses to Discovery and Production of Documents). Filing was forwarded to Judge Trauger's Chambers and Judge Frensley's Chambers. (ln)
December 20, 2021 Opinion or Order Filing 193 Sealed Document Exhibits 1-51 to Plaintiff's Opposition to Defendants' Motion to Compel Responses to Discovery and Production of Documents filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 1 Jacobs Transcript, #2 Exhibit 2 Westgate 101 (Resolutions), #3 Exhibit 3 Westgate Information Chart, #4 Exhibit 4 Grauberger Depo Excerpts, #5 Exhibit 5 Audio to be filed manually - WESLEY 00907134 (1), #6 Exhibit 6 Audio to be filed manually - WESLEY 00233334 AEO (1), #7 Exhibit 7 Audio to be filed manually - WESLEY 00241146 AEO (1), #8 Exhibit 8 Audio to be filed manually - WESLEY 00233563 AEO, #9 Exhibit 9 Audio to be filed manually -WESLEY 99234004 AEO (1), #10 Exhibit 10 Audio to be filed manually - WESLEY 00232487 AEO, #11 Exhibit 11 Audio to be filed manually - WESLEY 00234536 AEO, #12 Exhibit 12 Audio to be filed manually - WESLEY 00251755 AEO, #13 Exhibit 13 Audio to be filed manually - WESLEY 00232549 AEO (1), #14 Exhibit 14 Audio to be filed manually - WESLEY 00232822 AEO (2), #15 Exhibit 15 Audio to be filed manually - WESLEY 00232649 AEO (1), #16 Exhibit 16 Audio to be filed manually - WESLEY 00233280 AEO (2), #17 Exhibit 17 Stop Payment March 2020, #18 Exhibit 18 Stop Payment August 2019, #19 Exhibit 19 Stop Payment February 2019, #20 Exhibit 20 Stop Payment October 2018, #21 Exhibit 21 Stop Payment April 2018, #22 Exhibit 22 Help log in to stop payments 1, #23 Exhibit 23 Help log in in to stop payments 2, #24 Exhibit 24 Audio to be filed manually - Dora McNeal Resolutions Welcome, #25 Exhibit 25 WF Disabled Autopay - (WESLEY_00005991) (2), #26 Exhibit 26 - Audio to be filed manually Recommend stop payment - WESLEY 00233107 AEO, #27 Exhibit 27 Audio to be filed manually - WESLEY 00232954 AEO, #28 Exhibit 28 Audio to be filed manually WESLEY 00245668 AEO, #29 Exhibit 29 Caller ID Faker Instructions, #30 Exhibit 30 Stop Payment PPTX, #31 Exhibit 31 1-15-18 Credit Bureau Form, #32 Exhibit 32 5-21-19 Credit Bureau Form, #33 Exhibit 33 4-10-18 Credit Bureau Form, #34 Exhibit 34 8-11-18 Credit Bureau Form, #35 Exhibit 35 1-18-19 Credit Bureau Form, #36 Exhibit 36 10-3-18 VOD, #37 Exhibit 37 7-16-18 VOD, #38 Attachment 38 6-10-19 VOD, #39 Exhibit 39 4-18-19 VOD, #40 Exhibit 40 Letter to creditor re: credit impact, #41 Exhibit 41 7-9-20 WF Work File Real Fast to Claim Success From Existing, #42 Exhibit 42 5-29-19 Slack with Grauberger re: exit fees and suspensions, #43 Exhibit 43 Suspend Account Agreement, #44 Exhibit 44 Rosero Transcript, #45 Exhibit 45 Credit Snippet, #46 Exhibit 46 Legal Binding Contract, #47 Exhibit 47 General Overview, #48 Exhibit 48 10-16-18 WF Will Send Third Party Complaints to List, #49 Exhibit 49 6-18-20 Defendants Answers and Objections to Plaintiffs Interrogatories, #50 Exhibit 50 Defendant WFG Response to Plaintiffs Second Set of Interrogatories, #51 Exhibit 51 Combine Non WG Customers Mutual Release)(Vance, Robert)
December 20, 2021 Opinion or Order Filing 192 MOTION for Leave to File Document Under Seal by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 20, 2021 Opinion or Order Filing 191 RESPONSE in Opposition re #182 MOTION to Compel Responses to Discovery and Production of Documents filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 1 Jacobs Transcript - UNDER SEAL, #2 Exhibit 2 Westgate 101 (Resolutions) - UNDER SEAL, #3 Exhibit 3 Westgate Information Chart - UNDER SEAL, #4 Exhibit 4 Grauberger Depo Excerpts - UNDER SEAL, #5 Exhibit 5 Audio to be filed manually - WESLEY 00907134 (1) - UNDER SEAL, #6 Exhibit 6 Audio to be filed manually - WESLEY 00233334 AEO (1) - UNDER SEAL, #7 Exhibit 7 Audio to be filed manually - WESLEY 00241146 AEO (1) - UNDER SEAL, #8 Exhibit 8 Audio to be filed manually - WESLEY 00233563 AEO - UNDER SEAL, #9 Exhibit 9 Audio to be filed manually -WESLEY 99234004 AEO (1) - UNDER SEAL, #10 Exhibit 10 Audio to be filed manually - WESLEY 00232487 AEO - UNDER SEAL, #11 Exhibit 11 Audio to be filed manually - WESLEY 00234536 AEO - UNDER SEAL, #12 Exhibit 12 Audio to be filed manually - WESLEY 00251755 AEO - UNDER SEAL, #13 Exhibit 13 Audio to be filed manually - WESLEY 00232549 AEO (1) - UNDER SEAL, #14 Exhibit 14 Audio to be filed manually - WESLEY 00232822 AEO (2) - UNDER SEAL, #15 Exhibit Audio to be filed manually - WESLEY 00232649 AEO (1) - UNDER SEAL, #16 Exhibit Audio to be filed manually - WESLEY 00233280 AEO (2) - UNDER SEAL, #17 Exhibit 17 Stop Payment March 2020 - UNDER SEAL, #18 Exhibit 18 Stop Payment August 2019 - UNDER SEAL, #19 Exhibit 19 Stop Payment February 2019 - UNDER SEAL, #20 Exhibit 20 Stop Payment October 2018 - UNDER SEAL, #21 Exhibit 21 Stop Payment April 2018 - UNDER SEAL, #22 Exhibit 22 Help log in to stop payments - UNDER SEAL, #23 Exhibit 23 Help log in in to stop payments 2 - UNDER SEAL, #24 Exhibit 24 - Audio to be filed manually - Dora McNeal Resolutions Welcome - UNDER SEAL, #25 Exhibit 25 - WF Disabled Autopay - (WESLEY_00005991) (2) - UNDER SEAL, #26 Exhibit 26 - Audio to be filed manually Recommend stop payment - WESLEY 00233107 AEO - UNDER SEAL, #27 Exhibit 27 - Audio to be filed manually - WESLEY 00232954 AEO - UNDER SEAL, #28 Exhibit 28 Audio to be filed manually WESLEY 00245668 AEO - UNDER SEAL, #29 Exhibit 29 Caller ID Faker Instructions - UNDER SEAL, #30 Exhibit 30 Stop Payment PPTX - UNDER SEAL, #31 Exhibit 31 1-15-18 Credit Bureau Form - UNDER SEAL, #32 Exhibit 32 5-21-19 Credit Bureau Form - UNDER SEAL, #33 Exhibit 33 4-10-18 Credit Bureau Form - UNDER SEAL, #34 Exhibit 34 8-11-18 Credit Bureau Form - UNDER SEAL, #35 Exhibit 35 1-18-19 Credit Bureau Form - UNDER SEAL, #36 Exhibit 36 10-3-18 VOD - UNDER SEAL, #37 Exhibit 37 7-16-18 VOD - UNDER SEAL, #38 Exhibit 38 6-10-19 VOD - UNDER SEAL, #39 Exhibit 39 4-18-19 VOD - UNDER SEAL, #40 Exhibit 40 Letter to creditor re: credit impact - UNDER SEAL, #41 Exhibit 41 7-9-20 WF Work File Real Fast to Claim Success From Existing - UNDER SEAL, #42 Exhibit 42 5-29-19 Slack with Grauberger re: exit fees and suspensions - UNDER SEAL, #43 Exhibit 43 Suspend Account Agreement - UNDER SEAL, #44 Exhibit 44 Rosero Transcript - UNDER SEAL, #45 Exhibit 45 Credit Snippet - UNDER SEAL, #46 Exhibit 46 Legal Binding Contract - UNDER SEAL, #47 Exhibit 47 General Overview - UNDER SEAL, #48 Exhibit 48 10-16-18 WF Will Send Third Party Complaints to List - UNDER SEAL, #49 Exhibit 49 6-18-20 Defendants Answers and Objections to Plaintiffs Interrogatories - UNDER SEAL, #50 Exhibit 50 Defendant WFG Response to Plaintiffs Second Set of Interrogatories - UNDER SEAL, #51 Exhibit 51 Combine Non WG Customers Mutual Release - UNDER SEAL, #52 Exhibit 52 - Willman Declaration, #53 Exhibit 53 - Estimate for review of additional customer data)(Vance, Robert)
December 19, 2021 Opinion or Order Filing 190 ORDER granting #189 Joint Motion to Extend Deadlines to Respond to Motions to Compel #182 and #185 . Response to #182 due 12/20/2021. Response to #185 due 12/23/2021. Signed by Magistrate Judge Jeffery S. Frensley on 12/19/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
December 16, 2021 Opinion or Order Filing 189 Joint MOTION for Extension of Time to File Response/Reply as to #185 MOTION to Compel Discovery as to Credit Repair Services and Certain Post-Litigation Conduct and Memorandum of Law in Support, #182 MOTION to Compel by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 13, 2021 Opinion or Order Filing 188 ORDER: It is hereby ORDERED that the Defendants' Motion to Compel (Doc. No. #185 ), is hereby REFERRED to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 12/13/2021. (bs)
December 10, 2021 Opinion or Order Filing 187 Sealed Document Exhibits to Motion to Compel Discovery filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 1 - Stopping Payment (Under Seal), #2 Exhibit 2 - 5-10-21 Transcript for Taylor Jacobs (Under Seal), #3 Exhibit 3 - Manual Filing - Audio, #4 Exhibit 4 - Manual Filing - Audio, #5 Exhibit 5 - Manual Filing - Audio, #6 Exhibit 6 - Manual Filing - Audio, #7 Exhibit 7 - Credit FAQ, #8 Exhibit 8 - In house credit and stopping payment, #9 Exhibit 9 - WCR Memo, #10 Exhibit 13 - 11-16-21 Transcript of Neher, #11 Exhibit 19 - 11-16-21 Transcript of Sandberg, #12 Exhibit 22 - 10-12-20 WF Agreement)(Vance, Robert)
December 10, 2021 Opinion or Order Filing 186 MOTION for Leave to File Document Under Seal by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 10, 2021 Opinion or Order Filing 185 MOTION to Compel Discovery as to Credit Repair Services and Certain Post-Litigation Conduct and Memorandum of Law in Support by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 1 - Stopping Payment (Under Seal), #2 Exhibit 2 - 5-10-21 Transcript for Taylor Jacobs (Under Seal), #3 Exhibit 3 - Audio of Crusius VP Call (To be filed manually Under Seal), #4 Exhibit 4 - Audio of Madonia VP Call (To be filed manually Under Seal), #5 Exhibit 5 - Audio of Kosakowski VP Call (To be filed manually Under Seal), #6 Exhibit 6 - Audio of McCoy VP Call (To be filed manually Under Seal), #7 Exhibit 7 - Credit FAQ Contract is valid and binding (Under Seal), #8 Exhibit 8 - In house credit and stopping payment (Under Seal), #9 Exhibit 9 - WCR Memo (Under Seal, #10 Exhibit 10 - Responses to Fifth Request for Production, #11 Exhibit 11 - Amended Corporate Representative Deposition Notice, #12 Exhibit 12 - Stipulation as to Corporate Representative Depositions, #13 Exhibit 13 - 11-16-21 Transcript of Katie Neher (Under Seal), #14 Exhibit 14 - Responses to Sixth Request for Production, #15 Exhibit 15 - 6-15-21 Suit on Note, #16 Exhibit 16 - Referral to Lawyer, #17 Exhibit 17 - 7-29-21 Letter of Understanding regarding lawsuit, #18 Exhibit 18 - Shipley Email, #19 Exhibit 19 - 11-16-21 Transcript of Michelle Sandberg (Under Seal), #20 Exhibit 20 - WCR Subpoena Objections, #21 Exhibit 21 - WCR Website Landing Page, #22 Exhibit 22 - 10-12-20 WF Agreement (Under Seal))(Vance, Robert)
December 8, 2021 Opinion or Order Filing 184 ORDER REFERRING MOTION: It is hereby ORDERED that the Defendants' Motion to Compel (Doc. No. #182 ), is hereby REFERRED to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 12/7/2021. (mg)
December 7, 2021 Opinion or Order Filing 183 MEMORANDUM in Support of #182 MOTION to Compel filed by Charles William McDowell III, Wesley Financial Group, LLC . (Quinn, John)
December 7, 2021 Opinion or Order Filing 182 MOTION to Compel by Charles William McDowell III, Wesley Financial Group, LLC. (Attachments: #1 Exhibit 1 - Westgate's Responses to WFG's 1st Interrogatories, #2 Exhibit 2 - Westgate's Responses to WFG's 1st Requests for Production, #3 Exhibit 3 - Westgate's Responses to McDowell's 1st Requests for Production, #4 Exhibit 4 - Westgate's Responses to McDowell's 2nd Requests for Production, #5 Exhibit 5 - Westgate's Responses to McDowell's 2nd Interrogatories, #6 Exhibit 6 - Westgate's Responses to WFG's 3rd Requests for Production, #7 Exhibit 7 - Westgate's Supplemental Responses to WFG's 1st Requests for Production, #8 Exhibit 8 - Excerpts from Westgate's Supplemental Responses to WFG's Interrogatories)(Quinn, John)
December 3, 2021 Opinion or Order Filing 181 NOTICE of Filing by Wesley Financial Group, LLC re #178 Order on Motion for Leave to File Document Under Seal,, (Attachments: #1 Exhibit Ex. 3 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163), #2 Exhibit Ex. 4 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-1), #3 Exhibit Ex. 5 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-2), #4 Exhibit Ex. 7 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-4), #5 Exhibit Ex. 8 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-5), #6 Exhibit Ex. 9 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-6), #7 Exhibit Ex. 10 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-7), #8 Exhibit Ex. 11 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-8), #9 Exhibit Ex. 13 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-10), #10 Exhibit Ex. 14 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-11), #11 Exhibit Ex. 18 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-15), #12 Exhibit Ex. 21 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-18), #13 Exhibit Ex. 22 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-19), #14 Exhibit Ex. 23 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-20), #15 Exhibit Ex. 24 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-21), #16 Exhibit Ex. 25 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-22), #17 Exhibit Ex. 27 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-24), #18 Exhibit Ex. 32 to Westgate's Opposition to Motion to Quash (Originally Filed as Doc. No. 163-29))(Quinn, John)
December 2, 2021 Opinion or Order Filing 180 ORDER: A discovery dispute telephone conference was held with the parties on December 2, 2021. The court gave both parties permission to file motions to compel by December 10, 2021. Responses will be due 10 days after the filing of the motion, and upon filing, the motions will be referred to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 12/2/2021. (mg)
December 2, 2021 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Discovery Dispute Telephone Conference held on 12/2/2021. (Hearing lasted :20)(kb)
November 24, 2021 Opinion or Order Filing 179 ORDER: A discovery dispute telephone conference will be held with counsel for the parties on Thursday, December 2, 2021 at 10:00 a.m. Central Time. Judge Trauger's Courtroom Deputy will email to counsel the number they should call in order to participate in the conference. Signed by District Judge Aleta A. Trauger on 11/24/2021. (mg)
November 23, 2021 Opinion or Order Filing 178 ORDER: This matter is now before the Court upon Westgate's Motion for Leave to File Documents Under Seal. Docket No. #162 . Wesley has filed a Response in Support of the Motion. Docket No. #176 . Westgate's Motion (Docket No. #162 ) is GRANTED and the documents at issue will remain under seal. Wesley must file redacted versions of the documents in the public record no later than December 3, 2021. The following documents will be unsealed: Docket Nos. 163-3, 163-9, 163-12, 163-13, 163-14, 163-16, 163-17, 163-23, 163-25, 163-26, 163-27, 163-28. Signed by Magistrate Judge Jeffery S. Frensley on 11/23/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
November 18, 2021 Opinion or Order Filing 177 ORDER: Motion #141 DENIED AS MOOT to Strike Certain Affirmative Defenses. Signed by District Judge Aleta A. Trauger on 11/18/2021. (mg) Modified on 11/19/2021 (mg).
November 8, 2021 Opinion or Order Filing 176 MEMORANDUM in Support of #163 Sealed Document filed by Charles William McDowell III, Wesley Financial Group, LLC . (Attachments: #1 Exhibit Declaration of Jonathan Browning)(Quinn, John) Modified on 11/9/2021 (mg).
October 27, 2021 Opinion or Order Filing 175 ANSWER to #173 Amended Complaint,, by Charles William McDowell III, Wesley Financial Group, LLC.(Quinn, John)
October 5, 2021 Opinion or Order Filing 174 ORDER: Motion #171 GRANTED for extensions as requested. Discovery due by 2/1/2022. Signed by District Judge Aleta A. Trauger on 10/5/2021. (mg)
October 5, 2021 Opinion or Order Filing 173 SECOND AMENDED COMPLAINT & SUPPLEMENTAL COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES against Charles William McDowell III, Wesley Financial Group, LLC, filed by Westgate Resorts, Inc., Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Blue Tree Orlando, Ltd., Westgate GV at Tunica, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Daytona, LLC, Westgate RVS Orlando, LLC, Westgate Myrtle Beach, LLC, Westgate Lakes, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at the Woods, LLC. (mg)
October 5, 2021 Opinion or Order Filing 172 ORDER granting #169 Motion for Leave to File Second Amended Complaint & Supplemental Complaint. Signed by District Judge Aleta A. Trauger on 10/5/2021. (mg)
October 4, 2021 Opinion or Order Filing 171 Unopposed MOTION to Modify Initial Case Management Order by Extending Only Fact Discovery Deadline re #138 Order on Motion for Miscellaneous Relief, by Wesley Financial Group, LLC. (Quinn, John)
October 4, 2021 Opinion or Order Filing 170 MEMORANDUM in Support of #169 Unopposed MOTION for Leave to for Leave to File Second Amended & Supplemental Complaint filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC . (Vance, Robert)
October 4, 2021 Opinion or Order Filing 169 Unopposed MOTION for Leave to for Leave to File Second Amended & Supplemental Complaint by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Second Amended & Supplemental Complaint for Injunctive Relief and Damages)(Vance, Robert)
October 4, 2021 Opinion or Order Filing 168 ORDER: This matter is now before the Court upon Wesley's "Motion to Quash a Subpoena to Testify at a Deposition and for a Protective Order." Docket No. #159 . Wesley's Motion (Docket No. #159 ) is DENIED. Westgate may depose Mr. Grauberger on the topics for which he is the sole Wesley designee in its Initial Disclosures (Docket No. 161-1) and information related to his personal communications with existing and potential customers. Westgate must not inquire into any other areas, including litigation strategy or any privileged information. Further, by no later than October 19, 2021, Wesley must designate an appropriate corporate representative to testify regarding Wesley's interrogatory responses and Mr. Grauberger's Declaration. Signed by Magistrate Judge Jeffery S. Frensley on 10/4/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
September 1, 2021 Opinion or Order Filing 167 REPLY to Response to re #159 MOTION to Quash Subpoena to Testify at a Deposition and for a Protective Order MOTION for Protective Order filed by Wesley Financial Group, LLC. (Quinn, John) Modified on 9/2/2021 (mg).
September 1, 2021 Opinion or Order Filing 166 ***DISREGARD, COUNSEL SUBMITTED SIGNED COPY, SEE REPLY AT #167 *** REPLY TO PLAINTIFFS' RESPONSE #161 TO MOTION #159 TO QUASH A SUBPOENA TO TESTIFY AT A DEPOSITION AND FOR A PROTECTIVE ORDER.(bs) Modified on 9/2/2021 (mg).
September 1, 2021 Opinion or Order Filing 165 ORDER granting #164 Motion for Leave to file a short Reply to Plaintiff's Opposition to Defendants Motion to Quash and Motion for Protective Order Regarding Stephen Grauberger. Signed by Magistrate Judge Jeffery S. Frensley on 9/1/2021. (bs)
August 30, 2021 Opinion or Order Filing 164 Unopposed MOTION for Leave to file Reply to Plaintiffs' Response to Motion to Quash a Subpoena to Testify at a Deposition and for a Protective Order re #161 Response in Opposition to Motion,,, by Wesley Financial Group, LLC. (Attachments: #1 Exhibit A - Reply to Plaintiffs' Response to Motion to Quash a Subpoena to Testify at a Deposition and for a Protective Order)(Quinn, John)
August 23, 2021 Opinion or Order Filing 163 Sealed Document Exhibits 3 - 32 to Plaintiffs' Opposition to Defendant's Motion to Quash and Motion for Protective Order Regarding Stephen Grauberger filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit 4 - Wesley Resp to WG 2nd Rogs, #2 Exhibit 5 - Wesley Resp to Diamond 1st Rogs, #3 Exhibit 6 - Grauberger Explanation of WF Contract Terms, #4 Exhibit 7 - 11-20-19 Grauberger ltr to customer, #5 Exhibit 8 - 7-14-20 Grauberger ltr to customer, #6 Exhibit 9 - Grauberger massive discount, #7 Exhibit 10 - Welcome email 8-19-19, #8 Exhibit 11 - Welcome email 11-25-19, #9 Exhibit 12 - Suspending Wesley Contract Term, #10 Exhibit 13 - Grauberger ltr 10-26-20, #11 Exhibit 14 - Credit Repair Promise, #12 Exhibit 15 - Grauberger Credit ltr, #13 Exhibit 16 - Grauberger Approving Refund, #14 Exhibit 17 - Grauberger issuing customer refund, #15 Exhibit 18 - Negotiating payment, #16 Exhibit 19 - Grauberger involved with dissatisfied customer, #17 Exhibit 20 - email to customer 8-19-19, #18 Exhibit 21 - 8-22-19 Grauberger involved with dissatisfied customer, #19 Exhibit 22 - stopping payment, #20 Exhibit 23 - credit snippet, #21 Exhibit 24 - types of termination, #22 Exhibit 25 - excerpts from Taylor Jacobs Depo, #23 Exhibit 26 - 7-9-19 WF Advise Lie, #24 Exhibit 27 - WF Claim Convinced WG that WF not involved, #25 Exhibit 28 - 6-28-20 Wesley advise to sign affidavits, #26 Exhibit 29 - 8-24-20 WF advise on false affidavit, #27 Exhibit 30 - 10-9-20 WF Response re affidavit, #28 Exhibit 31 - WF effort to get customer to sign affidavit, #29 Exhibit 32 Wesley Credit Repair)(Vance, Robert)
August 23, 2021 Opinion or Order Filing 162 MOTION for Leave to File Document Under Seal by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
August 23, 2021 Opinion or Order Filing 161 RESPONSE in Opposition re #159 MOTION to Quash Subpoena to Testify at a Deposition and for a Protective Order MOTION for Protective Order filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A-Initial Disclosures-Westgate, #2 Exhibit B-Initial Disclosures-Diamond)(Vance, Robert)
August 18, 2021 Opinion or Order Filing 160 MEMORANDUM in Support of #159 MOTION to Quash Subpoena to Testify at a Deposition and for a Protective Order filed by Wesley Financial Group, LLC . (Quinn, John)
August 18, 2021 Opinion or Order Filing 159 MOTION to Quash Subpoena to Testify at a Deposition and for a Protective Order by Wesley Financial Group, LLC. (Attachments: #1 Exhibit 1 -Grauberger Subpoena)(Quinn, John).
August 13, 2021 Opinion or Order Filing 158 ORDER: A discovery dispute telephone conference was held with counsel for the parties on August 13, 2021. The court gave the defendant permission to file a motion to quash and for a protective order by August 18, 2021, with the response due by August 23, 2021. Upon its filing, this motion shall automatically be REFERRED to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 8/13/2021. (vh)
August 13, 2021 Opinion or Order Filing 157 STATUS REPORT of Document Production by Wesley Financial Group, LLC. (Quinn, John)
August 13, 2021 Opinion or Order Filing 156 NOTICE by Westgate Resorts, Ltd. of Cancellation of Video Deposition of Robert Brabant (New, Benjamin)
August 13, 2021 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Discovery dispute Telephone Conference held on 8/13/2021. (Hearing lasted :15)(kb)
August 9, 2021 Opinion or Order Filing 155 RESPONSE in Opposition re #141 MOTION to Strike #140 Answer to Amended Complaint - Defendants' Supplemental Response in Opposition to Plaintiffs' Motion to Strike Certain Affirmative Defenses filed by Wesley Financial Group, LLC. (Attachments: #1 Exhibit 1 - Order 7-30-21, #2 Exhibit 2 - Report and Recommendation)(Quinn, John)
July 28, 2021 Opinion or Order Filing 154 ORDER: This matter is now before the Court upon a discovery dispute between the Parties regarding Wesley's responses to Westgate's Requests for Production. Docket No. #147 (Joint Discovery Dispute Statement). For the foregoing reasons, the Court finds that there is no need for Court intervention at this time. The Court is not persuaded that an additional deadline is needed to prompt document production, beyond what is already provided for in the Scheduling Order; however, the Court expects that document production is now substantially complete, as this dispute was filed two months ago and Wesley has represented that production was and would be ongoing. Wesley must file a status report detailing the status of document production no later than August 13, 2021. Finally, there appears to be no reason to take action at this time related to compliance with the Court's December 1, 2020 Order regarding de-designation of documents originally designated as AEO. Signed by Magistrate Judge Jeffery S. Frensley on 7/28/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
July 28, 2021 Opinion or Order Filing 153 STATUS REPORT (JOINT) Regarding Discovery Dispute at Issue in Dkt. 150 by Wesley Financial Group, LLC. (Quinn, John)
July 26, 2021 Opinion or Order Filing 152 ORDER: Motion #151 GRANTED for a 2-day (from July 26, 2021 to July 28, 2021) extension to file Protective Order. Signed by District Judge Aleta A. Trauger on 7/26/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 7/26/2021 (mg).
July 23, 2021 Opinion or Order Filing 151 Joint MOTION for Extension of Time to File Motion Pursuant to Dkt 150 by Wesley Financial Group, LLC. (Quinn, John)
July 15, 2021 Opinion or Order Filing 150 ORDER: A discovery dispute telephone conference was held with counsel for the parties on July 15, 2021. The court was unable to resolve the dispute during the telephone conference and, therefore, gave the defendant permission to file a motion for a protective order. The defense motion shall be filed by July 26, 2021, with a response due by August 9, 2021. Leave will have to be sought for the filing of any reply. This motion is hereby REFERRED to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 7/15/2021. (mg)
July 15, 2021 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Discovery Dispute Telephone Conference held on 7/15/2021. (Hearing lasted :20)(kb)
July 13, 2021 Opinion or Order Filing 149 ORDER: This matter is now before the Court upon a Joint Discovery Dispute Statement filed by the Parties regarding Wesley's attempt to procure Better Business Bureau ("BBB") records regarding Westgate by subpoena. Docket No. #146 . [T]he Court finds that the records sought are relevant and discoverable, and there is no reason that they should not be produced as requested in the reissued subpoena to the BBB. Signed by Magistrate Judge Jeffery S. Frensley on 7/13/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
May 21, 2021 Opinion or Order Filing 148 ORDER: The parties have filed two Joint Discovery Dispute Statements (Doc. Nos. #146 , #147 ). Just this once, the court will excuse the parties from engaging in a telephone conference with Judge Trauger, as it is apparent that Judge Trauger will not be able to resolve this dispute by telephone. It is therefore ORDERED that this discovery dispute is REFERRED to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 5/21/2021. (mg)
May 21, 2021 Opinion or Order Filing 147 JOINT Statement Joint Discovery Dispute. (Attachments: #1 Exhibit A Westgate First RFP, #2 Exhibit B Wesley Responses to First RFP, #3 Exhibit C Westgate Second RFP, #4 Exhibit D Wesley Responses to Second RFP, #5 Exhibit E Westgate Third RFP, #6 Exhibit F Wesley Responses to Third RFP, #7 Exhibit G Westgate Fourth RFP, #8 Exhibit H Wesley Responses to Fourth RFP)(Vance, Robert)
May 21, 2021 Opinion or Order Filing 146 JOINT Statement Joint Discovery Dispute. (Vance, Robert)
May 6, 2021 Opinion or Order Filing 145 NOTICE by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC Withdrawal of Appearance and Request for Removal From Service List for Olga M. Vieira (Vieira, Olga)
April 30, 2021 Opinion or Order Filing 144 MEMORANDUM in Support of #141 MOTION to Strike #140 Answer to Amended Complaint filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC . (Vance, Robert)
April 23, 2021 Opinion or Order Filing 143 RESPONSE in Opposition re #141 MOTION to Strike #140 Answer to Amended Complaint filed by Wesley Financial Group, LLC. (Quinn, John)
April 19, 2021 Opinion or Order Filing 142 CERTIFICATE Conformed Certificate of Service to Doc. 141 filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #141 MOTION to Strike #140 Answer to Amended Complaint filed by Westgate Resorts, Inc., Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Lakes, LLC, Westgate Vacation Villas, LLC, Westgate Towers, LLC, Westgate GV at the Woods, LLC, Westgate GV at Emerald Pointe, LLC, Westgate Daytona, LLC, Westgate RVS Orlando, LLC, Westgate South Beach, LLC, Westgate GV at Tunica, LLC, Westgate Resorts, Ltd., Westgate Blue Tree Orlando, Ltd., Westgate Myrtle Beach, LLC. (Vance, Robert)
April 19, 2021 Opinion or Order NOTICE TO FILER re DE#141 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)
April 9, 2021 Opinion or Order Filing 141 MOTION to Strike #140 Answer to Amended Complaint by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Attachment Memorandum of Law, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Vance, Robert)
March 26, 2021 Opinion or Order Filing 140 ANSWER to #104 Amended Complaint,, by Wesley Financial Group, LLC.(Quinn, John)
March 15, 2021 Opinion or Order Filing 139 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 11/29/2022 at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 11/21/2022 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Joint Proposed Pretrial Order due by 11/16/2022; Exhibit List due by 11/16/2022; and Witness List due by 11/16/2022. Lead counsel for each party must attend the pretrial conference. If lead counsel is not from Tennessee, local counsel must also attend. If the case settles closer to trial than two business days, the cost of summoning the jury November be assessed against the parties. Signed by District Judge Aleta A. Trauger on 3/15/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
March 15, 2021 Opinion or Order Filing 138 ORDER granting #137 Joint MOTION to Modify Initial Case Management Order and Continue Trial Date. Extensions as requested. a. Discovery: new deadline December 1, 2021; e. Dispositive Motions i. Original Motion: new deadline June 15, 2022; ii. Responsive Motion: new deadline July 20, 2022; and iii. Option Reply: new deadline August 1, 2022. Signed by District Judge Aleta A. Trauger on 3/15/2021. (mg) Modified on 3/15/2021 (mg).
March 12, 2021 Opinion or Order Filing 137 Joint MOTION to Modify Initial Case Management Order and Continue Trial Date re #107 Case Management Order, by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
March 2, 2021 Opinion or Order Filing 136 MEMORANDUM AND ORDER: Before the court is the Motion to Dismiss Count III and supporting Memorandum of Law (Doc. Nos. #105 , #106 ), filed by defendants Wesley Financial Group, LLC and Charles William McDowell, III. Wesley seeks dismissal of Count III of the Amended Complaint for Injunctive Relief and Damages (Doc. No. #104 ). For the reasons set forth herein, the defendants' Motion to Dismiss Count III (Doc. No. #105 ) is DENIED. Signed by District Judge Aleta A. Trauger on 3/2/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
February 24, 2021 Opinion or Order FL State Bar status verified as active for Benjamin Eliot New not admitted to this court - Local counsel secured. (mg) Modified on 2/24/2021 (mg).
February 24, 2021 Opinion or Order ***DISREGARD***NOTICE TO COUNSEL Benjamin Eliot New.*** (mg) Modified on 2/24/2021 (mg).
February 23, 2021 Opinion or Order Filing 135 NOTICE of Appearance by Benjamin Eliot New on behalf of All Plaintiffs (New, Benjamin)
February 22, 2021 Opinion or Order Filing 134 MEMORANDUM and ORDER: In light of the deferential standard of review due non-dispositive orders, the plaintiff's objections (Doc. Nos. #123 , #125 ) are OVERRULED. In addition, the plaintiff's Motion to File Under Seal (Doc. No. #110 ), which sought leave to file under seal portions of the plaintiff's Supplemental Memorandum of Law Challenging Defendant's Attorneys' Eyes Only Designation of Plaintiffs' Customer Information, is DENIED AS MOOT. Signed by District Judge Aleta A. Trauger on 2/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
February 6, 2021 Opinion or Order Filing 133 ORDER granting #132 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of B. Eliot New is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 2/6/21. (vk)
February 5, 2021 Opinion or Order FL State Bar status verified as active for Benjamin Eliot New not admitted to this court - Local counsel secured. (mg)
February 4, 2021 Opinion or Order Filing 132 MOTION for attorney B. Eliot New to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3308090) by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Vance, Robert)
January 21, 2021 Opinion or Order Filing 131 REPLY filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #128 Response (Non-Motion or 2255 Petition),, filed by Wesley Financial Group, LLC. (Vance, Robert)
January 21, 2021 Opinion or Order Filing 130 ORDER granting #129 Motion for Leave to file a Reply to Defendants' Response to Plaintiffs' Objection to the Magistrate's Order (Docket Entry No. #120 ) (the "Response") (Docket Entry No. #128 ). Signed by District Judge Aleta A. Trauger on 1/21/2021. (mg)
January 21, 2021 Opinion or Order Filing 129 Unopposed MOTION for Leave to Reply to Defendants' Response to the Objection to the Magistrate's Order re #128 Response (Non-Motion or 2255 Petition),, by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Reply in Support of Objection to Magistrate Judge Order)(Vance, Robert)
January 12, 2021 Opinion or Order Filing 128 RESPONSE filed by Wesley Financial Group, LLC re #123 Objections,, filed by Westgate Resorts, Inc., Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Lakes, LLC, Westgate Vacation Villas, LLC, Westgate Towers, LLC, Westgate GV at the Woods, LLC, Westgate GV at Emerald Pointe, LLC, Westgate Daytona, LLC, Westgate RVS Orlando, LLC, Westgate South Beach, LLC, Westgate GV at Tunica, LLC, Westgate Resorts, Ltd., Westgate Blue Tree Orlando, Ltd., Westgate Myrtle Beach, LLC . (Quinn, John)
December 29, 2020 Opinion or Order Filing 127 ORDER: The defendant shall respond to the Plaintiffs' Objection to Magistrate Judge Order on Defendant's Motion for Protective Order as to Attorneys' Eyes Only Designations of Customer Information [DE 120] (Doc. No. #125 ) by January 12, 2021. Signed by District Judge Aleta A. Trauger on 12/29/2020. (vh)
December 29, 2020 Opinion or Order Filing 126 ORDER granting #124 Motion for Leave to File Document Under Seal. Signed by District Judge Aleta A. Trauger on 12/29/2020. (vh)
December 29, 2020 Opinion or Order Filing 125 SEALED OBJECTIONS filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Updated Service Agreement, #2 Exhibit B - Instructions, #3 Exhibit C - Welcome Packet)(Vance, Robert) Modified on 12/29/2020 (vh).
December 29, 2020 Opinion or Order Filing 124 MOTION for Leave to File Document Under Seal by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
December 29, 2020 Opinion or Order Filing 123 OBJECTIONS filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #120 Order on Motion for Protective Order,,. (Attachments: #1 Exhibit A - Updated Service Agreement, #2 Exhibit B - Instructions, #3 Exhibit C - Welcome Packet)(Vance, Robert)
December 11, 2020 Opinion or Order Filing 122 ORDER granting #121 Joint Motion to Extend Deadline for Objections to Magistrate Judge Order on Attorneys' Eyes Only Designation. Extension to 12/29/2020. Signed by District Judge Aleta A. Trauger on 12/11/2020. (ln)
December 11, 2020 Opinion or Order Filing 121 Joint MOTION for Extension of Time to File Response/Reply as to #120 Order on Motion for Protective Order,, by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vieira, Olga)
December 1, 2020 Opinion or Order Filing 120 ORDER: This matter is now before the Court upon Wesley's "Motion for Protective Order as to Attorneys' Eyes Only Designations of Customer Information," in which Wesley asks the Court to affirm Wesley's attorneys' eyes only ("AEO") designation of discovery documents that contain customer-identifying information. Docket No. #49 . Wesley's Motion (Docket No. #49 ) is GRANTED IN PART and DENIED IN PART. Signed by Magistrate Judge Jeffery S. Frensley on 12/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
November 13, 2020 Opinion or Order Filing 119 REPLY to Response to re #49 MOTION for Protective Order as to Attorneys' Eyes Only Designations of Customer Information (Supplemental) filed by Wesley Financial Group, LLC. (Quinn, John)
November 13, 2020 Opinion or Order Filing 118 ORDER granting #117 Motion for Leave to File Supplemental Reply in Support of Defendants' Motion for Protective Order #49 . Signed by Magistrate Judge Jeffery S. Frensley on 11/13/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
November 12, 2020 Opinion or Order Filing 117 Unopposed MOTION for Leave to File Supplemental Reply re #49 MOTION for Protective Order as to Attorneys' Eyes Only Designations of Customer Information by Wesley Financial Group, LLC. (Attachments: #1 Exhibit A - Supplemental Reply)(Quinn, John)
November 9, 2020 Opinion or Order Filing 116 NOTICE by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #105 MOTION to Dismiss Count III Supplemental Authority (Attachments: #1 Exhibit A - Diamond Resorts U.S. Collection Development, LLC et al v. Wesley Financial Group, LLC et al Order on Motion to Dismiss)(Vieira, Olga)
November 5, 2020 Opinion or Order Filing 115 NOTICE of Filing by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #112 Sealed Document,,, #114 Response in Opposition to Motion, Description of Exhibits (Vieira, Olga)
November 5, 2020 Opinion or Order Filing 114 SUPPLEMENTAL MEMORANDUM in Opposition to #49 MOTION for Protective Order as to Attorneys' Eyes Only Designations of Customer Information filed by Westgate Resorts, Ltd, et al. (Attachments: #1 Exhibit A-Redacted, #2 Exhibit B)(vh) Modified on 11/5/2020 (vh).
November 5, 2020 Opinion or Order NOTICE TO FILER re DE# [112, 114]: Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (vh)
November 4, 2020 Opinion or Order Filing 113 ORDER granting #111 Motion to File Supplemental Memorandum of Law in Opposition to Motion for Protective Order. Signed by Magistrate Judge Jeffery S. Frensley on 11/4/2020. (vh)
November 4, 2020 Opinion or Order Filing 112 Sealed Document Unredacted Plaintiffs Supplemental Memorandum to its Opposition to Defendants Motion for Protective Order as to Attorneys Eyes Only Designations of Customer Information filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A to Supplemental Memorandum Unredacted)(Vieira, Olga)
November 3, 2020 Opinion or Order Filing 111 MOTION to Supplement #99 Response in Opposition to Motion,,, by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Redacted Supplemental Memo In Opposition to Motion for Protective Order, #2 Exhibit A to Supplemental Memorandum - Redacted, #3 Exhibit B to Supplemental Memorandum)(Vieira, Olga)
November 3, 2020 Opinion or Order Filing 110 MOTION for Leave to File Document Under Seal by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vieira, Olga)
October 22, 2020 Opinion or Order Filing 109 REPLY to Response to re #105 MOTION to Dismiss Count III filed by Wesley Financial Group, LLC. (Quinn, John)
October 15, 2020 Opinion or Order Filing 108 RESPONSE in Opposition re #105 MOTION to Dismiss Count III filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Inc., Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vieira, Olga)
October 1, 2020 Opinion or Order Filing 107 INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 10/1/2020; Discovery due by 6/1/2021; and Dispositive Motions due by 12/15/2021. Signed by District Judge Aleta A. Trauger on 10/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
October 1, 2020 Opinion or Order Filing 106 MEMORANDUM in Support of #105 MOTION to Dismiss Count III filed by Wesley Financial Group, LLC . (Quinn, John)
October 1, 2020 Opinion or Order Filing 105 MOTION to Dismiss Count III by Wesley Financial Group, LLC. (Quinn, John)
September 17, 2020 Opinion or Order Filing 104 AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES against Wesley Financial Group, LLC, filed by Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Blue Tree Orlando, Ltd., Westgate GV at Tunica, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Daytona, LLC, Westgate RVS Orlando, LLC, Westgate Myrtle Beach, LLC, Westgate Lakes, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at the Woods, LLC.(mg)
September 17, 2020 Opinion or Order Filing 103 ORDER granting #101 Motion to Amend Complaint. Signed by District Judge Aleta A. Trauger on 9/17/2020. (mg)
September 17, 2020 Opinion or Order Filing 102 MEMORANDUM in Support of #101 MOTION to Amend/Correct #1 Complaint, filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC . (Vieira, Olga)
September 17, 2020 Opinion or Order Filing 101 MOTION to Amend/Correct #1 Complaint, by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Proposed Amended Complaint)(Vieira, Olga)
September 11, 2020 Opinion or Order Filing 100 REPLY to Response to re #49 MOTION for Protective Order as to Attorneys' Eyes Only Designations of Customer Information filed by Wesley Financial Group, LLC. (Attachments: #1 Exhibit 1-Complaint in 6:17-cv-1063-ORL-3-DCI, #2 Exhibit 2-Declaration of Stephen E. Grauberger)(Quinn, John)
September 4, 2020 Opinion or Order Filing 99 RESPONSE in Opposition re #49 MOTION for Protective Order as to Attorneys' Eyes Only Designations of Customer Information filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Confidentiality Agreement, #2 Exhibit B Wesley Service Agreement, #3 Exhibit C Defendants Initial Disclosures)(Vieira, Olga)
September 2, 2020 Opinion or Order Filing 98 PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Vance, Robert)
September 1, 2020 Opinion or Order Filing 97 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 5/17/2022 at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 5/13/2022 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Joint Proposed Pretrial Order due by 5/10/2022; Exhibit List due by 5/10/2022; and Witness List due by 5/10/2022. Lead counsel for each party must attend the pretrial conference. If lead counsel is not from Tennessee, local counsel must also attend. If the case settles closer to trial than two business days, the cost of summoning the jury may be assessed against the parties. Signed by District Judge Aleta A. Trauger on 9/1/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) Modified on 9/2/2020 (mg).
September 1, 2020 Opinion or Order Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference by Telephone held on 9/1/2020. Plaintiffs' counsel to file revised case management order. (Hearing lasted :25)(kb)
August 28, 2020 Opinion or Order Filing 96 ORDER: By 9/4/2020, the Plaintiffs shall a response to the Defendant's Motion for Protective Order #49 or identify where their response is located by docket entry number if previously filed. Defendants may file an optional reply by 9/11/2020. Signed by Magistrate Judge Jeffery S. Frensley on 8/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 27, 2020 Opinion or Order Filing 95 PROPOSED CASE MANAGEMENT ORDER filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vance, Robert)
August 27, 2020 Opinion or Order Filing 94 ANSWER to #1 Complaint, by Wesley Financial Group, LLC.(Quinn, John)
August 14, 2020 Opinion or Order Filing 93 ORDER: It is hereby ORDERED that the initial case management conference scheduled for Monday, August 31, 2020 is hereby RESET for Tuesday, September 1, 2020 at 3:30 p.m. and shall be held by telephone conference. Lead counsel for each party shall participate in the conference. Judge Trauger's Courtroom Deputy will email to counsel the number they should call in order to participate in the conference. Signed by District Judge Aleta A. Trauger on 8/14/2020. (mg)
August 4, 2020 Opinion or Order Filing 92 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 91 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate Towers, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 90 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate South Beach, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 89 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate RVS Orlando, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 88 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate Resorts, Ltd.. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 87 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate Palace, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 86 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate Myrtle Beach, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 85 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate Las Vegas Resort, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 84 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate Lakes, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 83 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate GV at Tunica, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 82 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate GV at the Woods, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 81 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate GV at Painted Mountain, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 80 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate GV at Emerald Pointe, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 79 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate Flamingo Bay, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 78 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate Daytona, LLC. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 77 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Westgate Blue Tree Orlando, Ltd.. (Attachments: #1 Exhibit A - Member Information)(Vieira, Olga)
August 4, 2020 Opinion or Order Filing 76 ORDER: Having satisfied the requirements of Local Rule 83.01(b), the motions to appear pro hac vice (Doc. Nos. #64 , #65 , and #70 ) of Richard W. Epstein, Olga Vieira, and Jeffrey Backman are GRANTED. Signed by Vicki R. Kinkade, Chief Deputy Clerk on 8/4/2020. (mg)
July 30, 2020 Opinion or Order TN State Bar status verified as active for Gregory C. Logue, Sr. Gregory C. Logue, Sr. admitted to this court on 11/16/2009 - No local counsel required. (mg) Modified on 8/24/2020 (ds).
July 29, 2020 Opinion or Order Filing 75 CERTIFICATE of Service filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC re #70 MOTION for attorney Jeffrey Backman to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3184798) filed by Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Lakes, LLC, Westgate Vacation Villas, LLC, Westgate Towers, LLC, Westgate GV at the Woods, LLC, Westgate GV at Emerald Pointe, LLC, Westgate Daytona, LLC, Westgate RVS Orlando, LLC, Westgate South Beach, LLC, Westgate GV at Tunica, LLC, Westgate Resorts, Ltd., Westgate Blue Tree Orlando, Ltd., Westgate Myrtle Beach, LLC. (Vance, Robert)
July 29, 2020 Opinion or Order Filing 74 CERTIFICATE OF GOOD STANDING of Attorney Jeffrey Aaron Backman from the United States District Court for the Southern District of Florida filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC. (Vance, Robert)
July 29, 2020 Opinion or Order Filing 73 NOTICE of Appearance by Gregory C. Logue, Sr on behalf of All Plaintiffs (Logue, Gregory)
July 29, 2020 Opinion or Order Filing 72 ORDER granting #71 Motion to Substitute Attorneys. Aubrey B. Harwell, Jr., John E. Quinn, and Erik C. Lybeck of Neal & Harwell, PLC, are now counsel of record for Defendant, replacing Florida counsel David B. King, Vincent Falcone III, and Robyn Michelle Kramer, of King, Blackwell, Zehnder & Wermuth, PA, who will be withdrawing. Signed by District Judge Aleta A. Trauger on 7/29/2020. (mg)
July 29, 2020 Opinion or Order Filing 71 MOTION to Substitute Attorney by Wesley Financial Group, LLC. (Quinn, John)
July 29, 2020 Opinion or Order NOTICE TO FILER re DE# [70-1]: The Certificate of Good Standing must be from a United States District Court or a United States appellate court. The new certificate shall be filed within 10 days. (mg)
July 29, 2020 Opinion or Order NOTICE TO FILER re DE#70 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)
July 28, 2020 Opinion or Order Filing 70 MOTION for attorney Jeffrey Backman to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3184798) by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Vance, Robert)
July 23, 2020 Opinion or Order TN State Bar status verified as active for Robert Lee Vance. (mg) Robert Lee Vance admitted to this court on 10/4/2016-No local counsel required. Modified on 8/24/2020 (ds).
July 22, 2020 Opinion or Order Filing 69 NOTICE of Appearance by Robert Lee Vance on behalf of All Plaintiffs (Vance, Robert)
July 22, 2020 Opinion or Order TN State Bar status verified as active for John E. Quinn, Aubrey B. Harwell, Jr, and Erik C. Lybeck. (mg)
July 21, 2020 Opinion or Order Filing 68 NOTICE of Appearance by Erik C. Lybeck on behalf of Wesley Financial Group, LLC (Lybeck, Erik)
July 21, 2020 Opinion or Order Filing 67 NOTICE of Appearance by Aubrey B. Harwell, Jr on behalf of Wesley Financial Group, LLC (Harwell, Aubrey)
July 21, 2020 Opinion or Order Filing 66 NOTICE of Appearance by John E. Quinn on behalf of Wesley Financial Group, LLC (Quinn, John)
July 16, 2020 Opinion or Order Filing 65 MOTION for attorney Olga Vieira to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3177425) by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Vance, Robert)
July 16, 2020 Opinion or Order Filing 64 MOTION for attorney Richard W. Epstein to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3177414) by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Vance, Robert)
July 15, 2020 Opinion or Order Filing 63 ORDER REFERRING MOTION: It is hereby ORDERED that the Defendant's Motion for Protective Order as to Attorneys' Eyes Only Designations of Customer Information (Docket No. #49 ), to which the plaintiffs have responded (Docket No. #51 ), is hereby REFERRED to the magistrate judge for disposition. Signed by District Judge Aleta A. Trauger on 7/15/2020. (mg)
July 14, 2020 Opinion or Order Filing 62 NOTICE of Initial Case Management Conference set for 8/31/2020 at 03:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (mg)
July 14, 2020 Opinion or Order Filing 61 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg)
July 14, 2020 Opinion or Order Filing 60 NOTICE of Business Entity Disclosure Statement filing requirement. (mg)
July 14, 2020 Opinion or Order Filing 59 Case transferred in from the District of Florida Middle; Case Number 6:19-cv-01982. Original file certified copy of transfer order and docket sheet received.
July 14, 2020 Opinion or Order FL State Bar status verified as active for David B. King, Vincent Falcone, III, Robyn Michelle Kramer, Olga M. Vieira, Richard W. Epstein, Jeffrey Aaron Backman. (mg)
July 14, 2020 Opinion or Order NOTICE TO COUNSEL David B. King, Vincent Falcone, III, Robyn Michelle Kramer, Olga M. Vieira, Richard W. Epstein, Jeffrey Aaron Backman: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 8/4/2020. (mg)
July 14, 2020 Opinion or Order NOTICE TO COUNSEL David B. King, Vincent Falcone, III, Robyn Michelle Kramer, Olga M. Vieira, Richard W. Epstein, Jeffrey Aaron Backman: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 8/4/2020. (mg)
June 9, 2020 Opinion or Order Filing 58 TRANSFER to the District of Middle District of Tennessee. (MAA) [Transferred from Florida Middle on 7/14/2020.]
June 8, 2020 Opinion or Order Filing 57 ENDORSED ORDER denying as moot #19 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Paul G. Byron on 6/8/2020. (JBS) [Transferred from Florida Middle on 7/14/2020.]
June 8, 2020 Opinion or Order Filing 56 ORDER granting #55 Motion to Change Venue / Transfer Case. The Clerk is DIRECTED to transfer this matter to the Middle District of Tennessee. The Clerk is thereafter DIRECTED to close the case. Signed by Judge Paul G. Byron on 6/8/2020. (JBS) [Transferred from Florida Middle on 7/14/2020.]
June 5, 2020 Opinion or Order Filing 55 STIPULATION to Transfer Action by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vieira, Olga) Modified on 6/8/2020 (RDO). [Transferred from Florida Middle on 7/14/2020.]
May 27, 2020 Opinion or Order Filing 54 ENDORSED ORDER granting #53 Motion for Extension of Time to Complete Discovery. The parties shall abide by the deadlines set forth in Plaintiff's Motion. The parties are warned that no further extensions will be granted with respect to Plaintiff's response to Defendants' Motion to Dismiss. Signed by Judge Paul G. Byron on 5/27/2020. (JBS) [Transferred from Florida Middle on 7/14/2020.]
May 26, 2020 Opinion or Order Filing 53 Unopposed MOTION for Extension of Time to Complete Discovery (Jurisdictional) and Related Deadlines by Wesley Financial Group, LLC. (King, David) [Transferred from Florida Middle on 7/14/2020.]
May 22, 2020 Opinion or Order Filing 52 ORDER granting in part and denying in part #43 DEFENDANT'S TIME-SENSITIVE MOTION FOR PROTECTIVE ORDER AS TO PLAINTIFFS' SUBPOENA DUCES TECUM TO BETTER BUSINESS BUREAU, INC. See Order for details. Signed by Magistrate Judge Gregory J. Kelly on 5/22/2020. (MB) [Transferred from Florida Middle on 7/14/2020.]
May 20, 2020 Opinion or Order Filing 51 RESPONSE in Opposition re #43 MOTION for Protective Order as to Plaintiffs' Subpoena Duces Tecum to Better Business Bureau, Inc. (Time-Sensitive) filed by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Attachments: #1 Exhibit)(Vieira, Olga) [Transferred from Florida Middle on 7/14/2020.]
May 20, 2020 Opinion or Order Filing 50 ORDER granting #47 DEFENDANT'S UNOPPOSED MOTION FOR RELIEF FROM STANDING ORDER REGARDING CONFIDENTIAL INFORMATION; denying as moot #48 DEFENDANT'S UNOPPOSED (CONDITIONAL) MOTION TO EXTEND DEADLINE TO COMPLY WITH STANDING ORDER ON CONFIDENTIAL INFORMATION IN CONNECTION WITH DEFENDANT'S MOTION FOR PROTECTIVE ORDER AS TO ATTORNEYS' EYES ONLY DESIGNATIONS OF CUSTOMER INFORMATION. Signed by Magistrate Judge Gregory J. Kelly on 5/20/2020. (MB) [Transferred from Florida Middle on 7/14/2020.]
May 18, 2020 Opinion or Order Filing 49 MOTION for Protective Order as to Attorneys' Eyes Only Designations of Customer Information by Wesley Financial Group, LLC. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit 2, #9 Exhibit 3)(King, David) Motions referred to Magistrate Judge Gregory J. Kelly. [Transferred from Florida Middle on 7/14/2020.]
May 18, 2020 Opinion or Order Filing 48 Unopposed MOTION for Extension of Time to File /Comply with Standing Order on Confidential Information in Connection with Defendant's Motion for Protective Order as to Attorneys' Eyes Only Designations of Customer Information by Wesley Financial Group, LLC. (King, David) [Transferred from Florida Middle on 7/14/2020.]
May 14, 2020 Opinion or Order Filing 47 Unopposed MOTION for Miscellaneous Relief, specifically from Standing Order Regarding Confidential Information by Wesley Financial Group, LLC. (King, David) [Transferred from Florida Middle on 7/14/2020.]
May 13, 2020 Opinion or Order Filing 46 ORDER denying #44 PLAINTIFFS' [REDACTED] MOTION CHALLENGING DEFENDANT'S ATTORNEYS' EYES ONLY CONFIDENTIALITY DESIGNATION OF PLAINTIFFS' CUSTOMER INFORMATION; denying as moot #45 PLAINTIFFS' UNOPPOSED MOTION TO FILE D.E. 44 UNDER SEAL. Signed by Magistrate Judge Gregory J. Kelly on 5/13/2020. (MB) [Transferred from Florida Middle on 7/14/2020.]
May 11, 2020 Opinion or Order Filing 45 MOTION for Leave to File Document Under Seal by All Plaintiffs. (Attachments: #1 Exhibit)(Vieira, Olga) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 5/12/2020 (RDO). [Transferred from Florida Middle on 7/14/2020.]
May 11, 2020 Opinion or Order Filing 44 REDACTED MOTION for Miscellaneous Relief, specifically Challenging Defendant's Attorneys' Eyes Only Confidentiality Designation of Plaintiffs' Customer Information by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Vieira, Olga) Modified on 5/12/2020 (RDO). [Transferred from Florida Middle on 7/14/2020.]
May 6, 2020 Opinion or Order Filing 43 MOTION for Protective Order as to Plaintiffs' Subpoena Duces Tecum to Better Business Bureau, Inc. (Time-Sensitive) by Wesley Financial Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Falcone, Vincent) Motions referred to Magistrate Judge Gregory J. Kelly. [Transferred from Florida Middle on 7/14/2020.]
April 29, 2020 Opinion or Order Set/reset deadlines as to #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law. Responses due by 6/3/2020 (RDO) [Transferred from Florida Middle on 7/14/2020.]
April 28, 2020 Opinion or Order Filing 42 ORDER granting #41 Motion for Extension of Time to File Response to Jurisdictional Discovery and Response to MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law. Signed by Magistrate Judge Thomas B. Smith on 4/28/2020. (Smith, Thomas) [Transferred from Florida Middle on 7/14/2020.]
April 24, 2020 Opinion or Order Filing 41 Joint MOTION for Extension of Time to File Response/Reply as to #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law and, MOTION for Miscellaneous Relief, specifically Extend Deadline for Supplemental Responses to Jurisdictional Discovery by All Plaintiffs. (Vieira, Olga) [Transferred from Florida Middle on 7/14/2020.]
March 12, 2020 Opinion or Order Filing 40 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First. (ARF) [Transferred from Florida Middle on 7/14/2020.]
March 12, 2020 Opinion or Order Filing 39 TRANSCRIPT of Motion Hearing held on March 4, 2020, before Judge Thomas B. Smith. Court Reporter/Transcriber Amie R. First, RDR, CRR, CRC, CPE, AmieFirst.CourtReporter@gmail.com. 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 or purchased through the Court Reporter. Redaction Request due 4/2/2020, Redacted Transcript Deadline set for 4/13/2020, Release of Transcript Restriction set for 6/10/2020. (ARF) [Transferred from Florida Middle on 7/14/2020.]
March 4, 2020 Opinion or Order Filing 38 ORDER granting #28 Motion for Extension of Time to File Response / Reply re #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law ( Responses due by 5/4/2020); granting in part and denying in part #32 Motion to Compel discovery. Signed by Magistrate Judge Thomas B. Smith on 3/4/2020. (Smith, Thomas) [Transferred from Florida Middle on 7/14/2020.]
March 4, 2020 Opinion or Order Filing 36 Minute Entry. Proceedings held before Magistrate Judge Thomas B. Smith: MOTION HEARING held on 3/4/2020 re #28 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law filed by Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Lakes, LLC, Westgate Vacation Villas, LLC, Westgate Towers, LLC, Westgate GV at the Woods, LLC, Westgate GV at Emerald Pointe, LLC, Westgate Daytona, LLC, Westgate RVS Orlando, LLC, Westgate South Beach, LLC, Westgate GV at Tunica, LLC, Westgate Blue Tree Orlando, Ltd., Westgate Resorts, Ltd., Westgate Myrtle Beach, LLC, #32 MOTION to Compel Better Responses to Jurisdictional Discovery filed by Westgate GV at Painted Mountain, LLC, Westgate Flamingo Bay, LLC, Westgate Palace, LLC, Westgate Las Vegas Resort, LLC, Westgate Lakes, LLC, Westgate Vacation Villas, LLC, Westgate Towers, LLC, Westgate GV at the Woods, LLC, Westgate GV at Emerald Pointe, LLC, Westgate RVS Orlando, LLC, Westgate Daytona, LLC, Westgate South Beach, LLC, Westgate GV at Tunica, LLC, Westgate Blue Tree Orlando, Ltd., Westgate Resorts, Ltd., Westgate Myrtle Beach, LLC. (Digital) (RN) [Transferred from Florida Middle on 7/14/2020.]
March 3, 2020 Opinion or Order Filing 35 NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM ONLY): Motion Hearing set for 3/4/2020 at 02:00 PM in Orlando Courtroom 3 C before Magistrate Judge Thomas B. Smith. (MB) [Transferred from Florida Middle on 7/14/2020.]
March 3, 2020 Opinion or Order Filing 34 NOTICE of hearing on motion re #32 Plaintiffs' Motion to Compel Better Responses to Jurisdictional Discovery and Production of Documents. Motion Hearing set for 3/4/2020 at 02:00 PM in Orlando Courtroom 6 D before Magistrate Judge Thomas B. Smith. (MB) [Transferred from Florida Middle on 7/14/2020.]
March 2, 2020 Opinion or Order Filing 33 RESPONSE in Opposition re #32 MOTION to Compel Better Responses to Jurisdictional Discovery filed by Wesley Financial Group, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Falcone, Vincent) [Transferred from Florida Middle on 7/14/2020.]
February 26, 2020 Opinion or Order Filing 32 MOTION to Compel Better Responses to Jurisdictional Discovery by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Vieira, Olga) Motions referred to Magistrate Judge Gregory J. Kelly. [Transferred from Florida Middle on 7/14/2020.]
February 20, 2020 Opinion or Order Filing 31 NOTICE of hearing on motion re #28 Plaintiffs' Third Unopposed MOTION to Extend Deadline for Responding to #19 Defendant's MOTION to dismiss. Motion Hearing set for 3/4/2020 at 02:00 PM in Orlando Courtroom 6 D before Magistrate Judge Thomas B. Smith. (MB) [Transferred from Florida Middle on 7/14/2020.]
February 19, 2020 Opinion or Order Filing 30 NOTICE of Filing Supplemental Declaration by Wesley Financial Group, LLC in support of #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law (Attachments: #1 Supplement Declaration of Charles W. McDowell IV)(King, David) Modified on 2/20/2020 (RDO). [Transferred from Florida Middle on 7/14/2020.]
February 19, 2020 Opinion or Order Filing 29 ENDORSED ORDER granting #27 Motion for Leave to File Document. Signed by Judge Paul G. Byron on 2/19/2020. (JBS) [Transferred from Florida Middle on 7/14/2020.]
February 19, 2020 Opinion or Order Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law by All Plaintiffs. (Vieira, Olga) Motions referred to Magistrate Judge Gregory J. Kelly. [Transferred from Florida Middle on 7/14/2020.]
February 12, 2020 Opinion or Order Filing 27 MOTION for leave to file Supplemental Declaration in Support of #19 Dispositive Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Motion to Transfer Venue by Wesley Financial Group, LLC. (King, David) Modified on 2/13/2020 (RDO). [Transferred from Florida Middle on 7/14/2020.]
January 17, 2020 Opinion or Order Filing 26 NOTICE of mediation conference/hearing to be held on October 28, 2020 at 10:00 a.m. before Richard Joyce. (Vieira, Olga) [Transferred from Florida Middle on 7/14/2020.]
January 14, 2020 Opinion or Order Set/reset deadlines as to #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law. Responses due by 2/24/2020 (RDO) [Transferred from Florida Middle on 7/14/2020.]
January 13, 2020 Opinion or Order Filing 25 ORDER granting #24 Motion for Extension of Time to File Response/Reply re #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law Responses due by 2/24/2020. Signed by Magistrate Judge Thomas B. Smith on 1/13/2020. (Smith, Thomas) [Transferred from Florida Middle on 7/14/2020.]
January 10, 2020 Opinion or Order Filing 24 Second Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by All Plaintiffs. (Vieira, Olga) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 1/13/2020 (KNC). [Transferred from Florida Middle on 7/14/2020.]
January 6, 2020 Opinion or Order Filing 23 CASE REFERRED to Mediation. Richard Joyce appointed as mediator. (RDO) [Transferred from Florida Middle on 7/14/2020.]
January 3, 2020 Opinion or Order Filing 22 CASE MANAGEMENT AND SCHEDULING ORDER. Amended Pleadings due by 2/7/2020, Discovery due by 9/18/2020, Dispositive motions due by 10/16/2020, Pretrial statement due by 1/29/2021, All other motions due by 2/5/2021, Plaintiff disclosure of expert report due by 6/30/2020, Defendant disclosure of expert report due by 8/14/2020, Final Pretrial Conference set for 3/16/2021 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Bench Trial set for 4/5/2021 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 11/6/2020. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 1/3/2020. (GNB) copies e-mailed [Transferred from Florida Middle on 7/14/2020.]
December 23, 2019 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time to File Response/Reply re #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law Responses due by 1/16/2020. Signed by Magistrate Judge Thomas B. Smith on 12/23/2019. (Smith, Thomas) [Transferred from Florida Middle on 7/14/2020.]
December 23, 2019 Opinion or Order Set/reset deadlines as to #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law. Responses due by 1/16/2020 (RDO) [Transferred from Florida Middle on 7/14/2020.]
December 20, 2019 Opinion or Order Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at Tunica, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. (Vieira, Olga) Motions referred to Magistrate Judge Gregory J. Kelly. [Transferred from Florida Middle on 7/14/2020.]
December 18, 2019 Opinion or Order Filing 19 MOTION to dismiss for lack of jurisdiction or, alternatively, Motion to Transfer Venue and Incorporated Memorandum of Law by Wesley Financial Group, LLC. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(King, David) [Transferred from Florida Middle on 7/14/2020.]
December 16, 2019 Opinion or Order Filing 18 CASE MANAGEMENT REPORT. (Vieira, Olga) [Transferred from Florida Middle on 7/14/2020.]
December 2, 2019 Opinion or Order Filing 17 ENDORSED ORDER granting #16 DEFENDANT'S UNOPPOSED MOTION TO EXTEND DEADLINE FOR RESPONDING TO PLAINTIFFS' COMPLAINT. Wesley Financial Group, LLC, shall file a response to the complaint on or before December 18, 2019. Signed by Magistrate Judge Gregory J. Kelly on 12/2/2019. (MB) [Transferred from Florida Middle on 7/14/2020.]
November 27, 2019 Opinion or Order Filing 16 Unopposed MOTION to extend time to Respond to #1 Complaint by Wesley Financial Group, LLC. (King, David) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 11/27/2019 (RDO). [Transferred from Florida Middle on 7/14/2020.]
November 12, 2019 Opinion or Order Filing 15 ENDORSED ORDER granting #12 DEFENDANT'S UNOPPOSED MOTION TO EXTEND DEADLINE FOR RESPONDING TO PLAINTIFFS' COMPLAINT. Defendant's response to the complaint is due on December 4, 2019. Signed by Magistrate Judge Gregory J. Kelly on 11/12/2019. (MB) [Transferred from Florida Middle on 7/14/2020.]
November 11, 2019 Opinion or Order Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Wesley Financial Group, LLC. (King, David) [Transferred from Florida Middle on 7/14/2020.]
November 11, 2019 Opinion or Order Filing 13 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Wesley Financial Group, LLC. Related case(s): No (King, David) [Transferred from Florida Middle on 7/14/2020.]
November 11, 2019 Opinion or Order Filing 12 Unopposed MOTION to extend time to Respond to Plaintiffs' Complaint (Doc. 1) by Wesley Financial Group, LLC. (King, David) Motions referred to Magistrate Judge Gregory J. Kelly. [Transferred from Florida Middle on 7/14/2020.]
November 8, 2019 Opinion or Order Filing 11 INTERESTED PERSONS ORDER. Defendant Wesley Financial Group, LLC shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 11/8/2019. (GNB) copies e-mailed [Transferred from Florida Middle on 7/14/2020.]
November 7, 2019 Opinion or Order Filing 10 NOTICE of Appearance by Robyn Michelle Kramer on behalf of Wesley Financial Group, LLC (Kramer, Robyn) [Transferred from Florida Middle on 7/14/2020.]
November 7, 2019 Opinion or Order Filing 9 NOTICE of Appearance by Vincent Falcone, III on behalf of Wesley Financial Group, LLC (Falcone, Vincent) [Transferred from Florida Middle on 7/14/2020.]
November 7, 2019 Opinion or Order Filing 8 NOTICE of Appearance by David B. King on behalf of Wesley Financial Group, LLC (King, David) [Transferred from Florida Middle on 7/14/2020.]
November 5, 2019 Opinion or Order Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC identifying Corporate Parent Central Florida Investments, Inc., Corporate Parent David Siegel Irrevocable Trust, Other Affiliate Westgate Resorts, Inc., Other Affiliate Westgate Resorts, Ltd., Other Affiliate Westgate Lakes, LLC, Other Affiliate Westgate Vacation Villas, LLC, Other Affiliate Westgate Daytona, LLC, Other Affiliate Westgate Towers, LLC, Other Affiliate Westgate Blue Tree Orlando, Ltd., Other Affiliate Westgate GV at the Woods, LLC, Other Affiliate Westgate Flamingo Bay, LLC, Other Affiliate Westgate Myrtle Beach, LLC, Other Affiliate Westgate Palace, LLC, Other Affiliate Westgate RVS Orlando, LLC, Other Affiliate Westgate GV at Emerald Pointe, LLC, Other Affiliate Westgate GV at Painted Mountain, LLC, Other Affiliate Westgate Las Vegas Resort, LLC, Other Affiliate Westgate South Beach, LLC, Other Affiliate Westgate GV at Tunica, LLC for Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC.. (Vieira, Olga) [Transferred from Florida Middle on 7/14/2020.]
November 5, 2019 Opinion or Order Filing 6 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Westgate Blue Tree Orlando, Ltd., Westgate Daytona, LLC, Westgate Flamingo Bay, LLC, Westgate GV at Emerald Pointe, LLC, Westgate GV at Painted Mountain, LLC, Westgate GV at the Woods, LLC, Westgate Lakes, LLC, Westgate Las Vegas Resort, LLC, Westgate Myrtle Beach, LLC, Westgate Palace, LLC, Westgate RVS Orlando, LLC, Westgate Resorts, Ltd., Westgate South Beach, LLC, Westgate Towers, LLC, Westgate Vacation Villas, LLC. Related case(s): yes (Vieira, Olga) [Transferred from Florida Middle on 7/14/2020.]
October 22, 2019 Opinion or Order Filing 5 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 10/22/2019. (GNB) copies e-mailed [Transferred from Florida Middle on 7/14/2020.]
October 22, 2019 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 10/22/2019. (GNB) copies e-mailed [Transferred from Florida Middle on 7/14/2020.]
October 18, 2019 Opinion or Order Filing 3 SUMMONS issued as to Wesley Financial Group, LLC. (RDO) [Transferred from Florida Middle on 7/14/2020.]
October 17, 2019 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Gregory J. Kelly. New case number: 6:19-cv-1982-Orl-40GJK. (SJB) [Transferred from Florida Middle on 7/14/2020.]
October 17, 2019 Opinion or Order Filing 1 COMPLAINT against Wesley Financial Group, LLC (Filing Fee $400, Receipt # 113A-16038678) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Vieira, Olga) Modified on 10/17/2019 (SJB) to correct docket text. [Transferred from Florida Middle on 7/14/2020.]

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Search for this case: Westgate Resorts, Ltd. et al v. Wesley Financial Group, LLC
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Plaintiff: Westgate Lakes, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Robert Lee Vance
Represented By: Gregory C. Logue, Sr.
Represented By: Benjamin Eliot New
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate Vacation Villas, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Robert Lee Vance
Represented By: Gregory C. Logue, Sr.
Represented By: Benjamin Eliot New
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate Towers, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Robert Lee Vance
Represented By: Gregory C. Logue, Sr.
Represented By: Benjamin Eliot New
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate Blue Tree Orlando, Ltd.
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Benjamin Eliot New
Represented By: Gregory C. Logue, Sr.
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate RVS Orlando, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Benjamin Eliot New
Represented By: Gregory C. Logue, Sr.
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate GV at Painted Mountain, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Benjamin Eliot New
Represented By: Gregory C. Logue, Sr.
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate Daytona, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Benjamin Eliot New
Represented By: Gregory C. Logue, Sr.
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate GV at the Woods, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Gregory C. Logue, Sr.
Represented By: Benjamin Eliot New
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate GV at Tunica, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Benjamin Eliot New
Represented By: Gregory C. Logue, Sr.
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate Resorts, Ltd.
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Gregory C. Logue, Sr.
Represented By: Benjamin Eliot New
Represented By: Jeffrey A. Backman
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate Palace, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Benjamin Eliot New
Represented By: Gregory C. Logue, Sr.
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate GV at Emerald Pointe, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Benjamin Eliot New
Represented By: Gregory C. Logue, Sr.
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate Las Vegas Resort, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Benjamin Eliot New
Represented By: Gregory C. Logue, Sr.
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate South Beach, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Benjamin Eliot New
Represented By: Gregory C. Logue, Sr.
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate Flamingo Bay, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Benjamin Eliot New
Represented By: Robert Lee Vance
Represented By: Gregory C. Logue, Sr.
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate Myrtle Beach, LLC
Represented By: Richard W. Epstein
Represented By: Jeffrey Aaron Backman
Represented By: Olga M. Vieira
Represented By: Robert Lee Vance
Represented By: Gregory C. Logue, Sr.
Represented By: Benjamin Eliot New
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Plaintiff: Westgate Resorts, Inc.
Represented By: Jeffrey Aaron Backman
Represented By: Richard W. Epstein
Represented By: Benjamin Eliot New
Represented By: Gregory C. Logue, Sr.
Represented By: Olga M. Vieira
Represented By: Robert Lee Vance
Represented By: Douglas R. Sargent
Represented By: Julie Capehart
Represented By: Matthew Scott Rapkowski
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Defendant: Wesley Financial Group, LLC
Represented By: Robyn Michelle Kramer
Represented By: David B. King
Represented By: Vincent Falcone, III
Represented By: Aubrey B. Harwell, Jr.
Represented By: Carl S. Burkhalter
Represented By: Erik C. Lybeck
Represented By: John E. Quinn
Represented By: Walter A. Dodgen Jr
Represented By: Jeffrey A. Zager
Represented By: John J Bennett, Jr.
Represented By: Lisa Hershman
Represented By: Menachem Lanner
Represented By: Patrick A. Bradford
Represented By: Paul N. Mascia
Represented By: Thomas H. Dundon
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Defendant: Charles William McDowell III
Represented By: Aubrey B. Harwell, Jr.
Represented By: Carl S. Burkhalter
Represented By: Erik C. Lybeck
Represented By: John E. Quinn
Represented By: Walter A. Dodgen Jr
Represented By: Jeffrey A. Zager
Represented By: John J Bennett, Jr.
Represented By: Lisa Hershman
Represented By: Menachem Lanner
Represented By: Patrick A. Bradford
Represented By: Paul N. Mascia
Represented By: Thomas H. Dundon
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