Popp et al v. Wyndham Vacation Resorts, Inc.
| Stanley Popp and Constance Popp |
| Wyndham Vacation Resorts, Inc. |
| 3:2020cv00913 |
| October 22, 2020 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Jeffery S Frensley |
| Aleta A Trauger |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.
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Filing 41
ORDER DISMISSING CASE: The plaintiffs having failed to show cause by September 17, 2021 why this case should not be dismissed for failure to prosecute, as ordered by the court (Doc. No. #40 ), it is hereby ORDERED that this case is DISMISSED for failure to prosecute. Signed by District Judge Aleta A. Trauger on 9/21/2021. (ln)
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Filing 40
ORDER: Pursuant to the information in the Joint Case Resolution Report filed on September 2, 2021 (Doc. No. #38 ), it is hereby ORDERED that, by September 17, 2021, the plaintiffs shall show cause why this case should not be dismissed for failure to prosecute. Signed by District Judge Aleta A. Trauger on 9/3/2021. (ln)
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| Filing 39 ****DISREGARD PER CHAMBERS. SAME DOCUMENT AS DE #38 .**** Joint Case Resolution Status Report by Wyndham Vacation Resorts, Inc. (Longnecker, Joy) Modified on 9/2/2021 (ln). |
| Filing 38 Joint Case Resolution Status Report by Wyndham Vacation Resorts, Inc.. (Hickey, Sye) |
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Filing 37
ORDER RESETTING JURY TRIAL BEFORE JUDGE TRAUGER: Jury Trial is reset for 7/26/2022 at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference is set for 7/22/2022 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 7/19/2022. Exhibit List due by 7/19/2022. Witness List due by 7/19/2022. Signed by District Judge Aleta A. Trauger on 8/31/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 36
ORDER: Upon the reassignment of this case to Judge Trauger (Doc. No. #35 ), the reference to the Magistrate Judge is WITHDRAWN, and any conferences scheduled with the Magistrate Judge are hereby CANCELLED. The parties shall adhere to the deadlines set in the Initial Case Management Order (Doc. No. #22 ), unless modified by order. The Motion to Continue Trial filed by the defendant (Doc. No. #31 ) is GRANTED. By separate order, the trial and pretrial conference are being reset before Judge Trauger. Signed by District Judge Aleta A. Trauger on 8/31/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 35
ORDER REASSIGNING CASE: Pursuant to Administrative Order No. 176, this action is transferred to Judge Aleta A. Trauger as a "Related Case" to Civil Action No. 3:19-cv-00426. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/30/2021. (ln)
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| Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Telephone Status Conference held on 8/27/2021. Judge Waverly D. Crenshaw, Jr. will confer with other judges about possible relation to other cases and a more efficient case management schedule. (Court Reporter Lise Matthews.)(Hearing lasted :15)(Parise, Kelly) |
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Filing 34
ORDER: The Notice of Defendant's Lead Counsel's Unavailability for Status Conference and Motion to Excuse or, Alternatively, to Reset Status Conference (Doc. No. #33 ) is GRANTED and the telephonic status conference set for August 24, 2021 is RESCHEDULED to August 27, 2021, at 10:30 a.m. The parties shall call 1-888-278-0296, and when prompted enter access code 6564835# to participate in the call. If a party has difficulty connecting, please contact chambers at 615-736-7013. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/16/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 33 NOTICE by Wyndham Vacation Resorts, Inc. re #32 Order of Defendant's Lead Counsel's Unavailability for Status Conference (Longnecker, Joy) |
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Filing 32
ORDER: This case is set for a telephonic status conference for August 24, 2021, at 2:30 p.m. The parties shall call 1-888-278-0296, and when prompted enter access code 6564835# to participate in the call. If a party has difficulty connecting, please contact chambers at 615-736-7013. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/13/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 31 MOTION to Continue Trial by Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| Filing 30 REPLY to Response to re #16 MOTION to Dismiss for Failure to State a Claim filed by Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| TN State Bar status verified as active for Sye T. Hickey admitted to this court. (ln) |
| Filing 29 RESPONSE in Opposition re #16 MOTION to Dismiss for Failure to State a Claim filed by Constance Popp, Stanley Popp. (Rieger, George) |
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Filing 28
ORDER: Plaintiffs' third unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss (Doc. No. #27 ) is GRANTED. However, the Court notes that counsel is required to meet deadlines, even if counsel is "extremely busy." Plaintiffs shall respond to Defendant's Motion to Dismiss (Doc. No. #16 ) on or before June 11, 2021. The Court is unlikely to extend Plaintiffs' response deadline again. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/1/2021. (ln)
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| Filing 27 Third MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Constance Popp, Stanley Popp. (Rieger, George) |
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Filing 26
ORDER: Plaintiff's Motion for Extension of Time to Respond to Defendant's Motion to Dismiss (Doc. No. #24 ), which is unopposed, is GRANTED. Plaintiff shall file their response to Defendant's Motion to Dismiss on or before May 28, 2021. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/11/2021. (ln)
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Filing 25
ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 8/16/2022 at 9:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference is set for 8/8/2022 at 2:00 PM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Proposed Pretrial Order due by 8/1/2022. Exhibit List due by 8/1/2022. Witness List due by 8/1/2022. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/10/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 24 Second MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Constance Popp, Stanley Popp. (Rieger, George) |
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Filing 23
ORDER: Before the Court is Plaintiffs' First Motion for Extension of Time to Respond to Defendant's Motion to Dismiss (Doc. No. #21 ), requesting that Plaintiffs have until "April 28, 2021" to file a response to Defendant's motion. However, Defendant filed its Motion to Dismiss (Doc. No. #16 ) on April 14, 2021, meaning Plaintiffs' original response deadline (without an extension) was April 28, 2021. Accordingly, Plaintiffs' First Motion for Extension of Time to Respond to Defendant's Motion to Dismiss (Doc. No. #21 ) is DENIED AS MOOT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/29/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 22
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 9/1/2021. Discovery due by 2/1/2022. Dispositive Motions due by 4/1/2022. Telephone Conference set for 1/10/2022 at 9:00 AM before Magistrate Judge Jeffery S. Frensley. The Parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. Signed by Magistrate Judge Jeffery S. Frensley on 4/29/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 4/28/2021. (Hearing lasted :18)(ms) |
| Filing 21 First MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Constance Popp, Stanley Popp. (Rieger, George) |
| Filing 20 PROPOSED CASE MANAGEMENT ORDER (Joint) filed by Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| Filing 19 NOTICE of Change of Address by Joy Boyd Longnecker (Longnecker, Joy) |
| Filing 18 ***DISREGARD.*** NOTICE of Change of Address by Joy Boyd Longnecker (Longnecker, Joy) Modified on 4/26/2021 (ln). |
| Filing 17 MEMORANDUM in Support of #16 MOTION to Dismiss for Failure to State a Claim filed by Wyndham Vacation Resorts, Inc. . (Longnecker, Joy) |
| Filing 16 MOTION to Dismiss for Failure to State a Claim by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Secretary of State info on WVR)(Longnecker, Joy) |
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Filing 15
ORDER: MOTION #14 GRANTED. The Initial Case Management Conference is hereby reset for April 29, 2021 at 9:00 a.m. via telephone. The parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please contact chambers at 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 4/13/2021. (ln)
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| Reset Hearing: The Initial Case Management Conference by Telephone is reset for 4/29/2021 at 9:00 AM before Magistrate Judge Jeffery S. Frensley. (ln) |
| Filing 14 Second MOTION to Continue Initial Case Management Conference (Unopposed) by Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
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Filing 13
AGREED ORDER for Extension of Time to Respond to Complaint: Wyndham Vacation Resorts, Inc. answer due 4/14/2021. Signed by Magistrate Judge Jeffery S. Frensley on 3/11/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc)
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| Filing 12 MOTION for Entry of Agreed Order for Extension of Time to Respond to Complaint by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment - Proposed Agreed Order)(Longnecker, Joy) |
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Filing 11
ORDER: #10 MOTION to Continue Initial Case Management Conference is GRANTED. The Initial Case Management Conference is hereby reset to April 28, 2021 at 9:30 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 3/9/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Reset Hearing: Initial Case Management Conference by Telephone is reset for 4/28/2021 at 9:30 AM before Magistrate Judge Jeffery S. Frensley per Order #11 . (kc) |
| Filing 10 MOTION to Continue Initial Case Management Conference by Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| Filing 9 Summons issued as to Wyndham Vacation Resorts, Inc. (Service packet returned to counsel by regular mail.) (kc) |
| Filing 8 NOTICE of Summons to be Issued as to Wyndham Vacation Resorts, Inc.. (Rieger, George) |
| NOTICE TO FILER re DE#7 : The incorrect PDF was filed. This document is disregarded. Counsel shall re-file the document. (kc) |
| Filing 7 SUPPLEMENT filed by Constance Popp, Stanley Popp re #1 Complaint. (Rieger, George) |
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Filing 6
ORDER: In reviewing the docket, it appears the defendant has not been served in this case. Consequently, the Initial Case Management Conference previously scheduled for January 7, 2021, at 9:00 a.m. is continued to March 8, 2021 at 10:00 a.m. via telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 1/6/2021. (am)
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Filing 5
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 4 NOTICE of Initial Case Management Conference set for 1/7/2021 at 09:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (am) |
| TN State Bar status verified as active for George H. Rieger, II admitted to this court. (am) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (am) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
| Filing 1 COMPLAINT against Wyndham Vacation Resorts, Inc. (Filing fee $400, Receipt number 0650-3241381), filed by Stanley Popp, Constance Popp. (Attachments: #1 Attachment - Civil Cover Sheet)(am) |
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