Archambeault et al v. Wyndham Vacation Ownership, Inc. et al
| James Archambeault and Julie Archambeault |
| Wyndham Vacation Ownership, Inc. and Wyndham Vacation Resorts, Inc. |
| Charles Simerka |
| 3:2020cv01044 |
| December 5, 2020 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Eli J Richardson |
| Aleta A Trauger |
| Other Fraud |
| 28 U.S.C. § 1332 Other Fraud |
| Defendant |
Docket Report
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This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
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| ***Civil Case Terminated per #66 STIPULATION of Dismissal. Per Judge Trauger's chambers. No Order to enter. *** (ad) |
| Filing 66 STIPULATION of Dismissal With Prejudice by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
Filing 65
MEMORANDUM ORDER: For these reasons, Wyndham's motion for a protective order is GRANTED IN PART AND DENIED IN PART as follows: A protective order is issued to strike Topics 28, 53, 54, 59, and 70. Signed by Magistrate Judge Alistair Newbern on 03/27/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 64 ***DISREGARD***MEDIATOR'S REPORT by Floyd Flippin (ad) Modified on 3/27/2023 (ad). |
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Filing 63
ORDER: MOTION to Amend Initial Case Management Order and Order Resetting Jury Trial #62 is Granted. All present case management deadlines are hereby SUSPENDED, to be reset by later order of the court. The pretrial conference scheduled for 12/21/2022 and the trial scheduled for 1/3/2023 are hereby removed from the court's calendar, to be reset by later order of the court. Signed by District Judge Aleta A. Trauger on 7/18/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 62 MOTION to Amend/Correct Initial Case Management Order and Order Resetting Jury Trial by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Purvis, Austin) |
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Filing 61
ORDER denying #59 Motion for Permission to File Partial Summary Judgment. Signed by District Judge Aleta A. Trauger on 6/9/2022. (ds)
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| Filing 60 RESPONSE in Opposition re #59 First MOTION for Partial Summary Judgment filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Ex. A - Archambeault Transcript, #2 Exhibit Ex. b - Hearing Transcript, #3 Exhibit Ex. C - Hearing Transcript, #4 Exhibit Ex. D - Order)(Longnecker, Joy) |
| Filing 59 MOTION for Permission to File Partial Summary Judgment filed by James Archambeault, Julie Archambeault. (Attachments: #1 Exhibit Collective Exhibit 1)(Givens, Aubrey) Modified on 6/9/2022 to correct name of document. (ds) |
| Filing 58 REPLY to Response to re #52 MOTION for Protective Order filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| Filing 57 RESPONSE in Opposition re #52 MOTION for Protective Order filed by James Archambeault, Julie Archambeault. (Givens, Aubrey) |
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Filing 56
ORDER: Pursuant to Rule 72 of the FEDERAL RULES OF CIVIL PROCEDURE and 28 U.S.C. 636(b)(1), Defendants' Motion for Protective Order (Doc. No. #52 ) is REFERRED to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 5/9/2022. (dt)
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Filing 55
MEMORANDUM ORDER: For these reasons, the Wyndham Defendants' motion to compel (Doc. No. #38 ) is GRANTED. MWS is ORDERED to produce the requested documents or a sworn statement that it does not have the requested documents by May 30, 2022. The Clerk of Court is DIRECTED to email a copy of this Memorandum Order to Simerka's counsel at kristin@fecteaulaw.com. Signed by Magistrate Judge Alistair Newbern on 5/2/2022. (xc: Copy of Memorandum Order emailed to attorney Kristin Fecteau Mosher.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 54 NOTICE of Filing by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #52 MOTION for Protective Order (Attachments: #1 Exhibit A - Notice of 30(b)(6) Depo, #2 Exhibit B - Excerpts from James Archambeault depo, #3 Exhibit C - Excerpts from Julie Archambeault depo, #4 Exhibit D - Defs' objections to depo notice)(Longnecker, Joy) |
| Filing 53 MEMORANDUM in Support of #52 MOTION for Protective Order filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. . (Longnecker, Joy) |
| Filing 52 MOTION for Protective Order by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| Filing 51 REPLY to Response to re #38 MOTION to Compel and MOTION for Order to Show Cause filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1 - Declaration of J Longnecker)(Longnecker, Joy) |
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Filing 50
ORDER: The Court finds that MWS, through Simerka, has adequately responded to the Court's March 22, 2022 order to show cause. The Wyndham Defendants are ORDERED to file a reply addressing Simerka's response to their motion by April 21, 2022. Signed by Magistrate Judge Alistair Newbern on 4/7/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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| Filing 49 RESPONSE in Opposition re #38 MOTION to Compel and MOTION for Order to Show Cause filed by Charles Simerka. (Attachments: #1 Attachment Unsworn Declaration of Simerka)(Mosher, Kristin) |
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Filing 48
ORDER TO SHOW CAUSE: The docket shows that MWS has not responded to the defendants' motion to compel and petition for an order to show cause. MWS is therefore ORDERED TO SHOW CAUSE by April 5, 2022, why the Court should not grant the defendants' motion as unopposed. The Clerk of Court is DIRECTED to mail a copy of this Order to Show Cause to MWS. Signed by Magistrate Judge Alistair Newbern on 3/22/2022. (Copy mailed to MWS by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 47 NOTICE of Substitution of Counsel by Austin K. Purvis on behalf of Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Purvis, Austin) |
| Filing 46 CERTIFICATE of Service of Motion to Compel filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. re #45 Order,,,, Terminate Hearings,,,. (Attachments: #1 Attachment - Confirmation of delivery)(Longnecker, Joy) |
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Filing 45
ORDER: It has now come to the Court's attention that Wyndham did not serve Mortgage Wellness Solutions, LLC with the motion to compel. Mortgage Wellness Solutions, LLC also does not have notice of the upcoming hearing. The motion hearing set for 2/24/2022 is therefore CANCELLED. Counsel for Wyndham is ORDERED to serve a copy of its motion to compel, supporting memorandum, the Court's 1/28/2022 order, and this Order on MWS by no later than 2/28/2022, and to file a notice with the Court certifying that service has been made by that date. The Court will reset its hearing on the motion to compel after it has been assured that all of the subject entities have had notice of and an opportunity to respond to Wyndham's motion. Signed by Magistrate Judge Alistair Newbern on 2/23/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 44
ORDER SETTING CASE FOR TRIAL: Jury Trial set for 1/3/2023 at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 12/21/2022 at 1:30 PM before District Judge Aleta A. Trauger. Exhibit List, Witness List and Proposed Pretrial Order due by 12/16/2022. Signed by District Judge Aleta A. Trauger on 2/18/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 43
ORDER: Motion to Amend Initial Case Management Order #42 is GRANTED IN PART. The extensions of deadlines appearing in the initial case management order are GRANTED. The deadlines set in Judge Trauger's standard order setting a case for trial shall be as set out in the contemporaneously issued Order that resets the trial of this case for 1/3/2023. Signed by District Judge Aleta A. Trauger on 2/18/2022. (dt)
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| Filing 42 Joint MOTION to Amend Initial Case Management Order by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
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Filing 41
ORDER: A hearing on the pending motion to compel, and petition to show cause (Doc. No. #38 ) is set before the Magistrate Judge on February 24, 2022, at 11:00 a.m. The hearing will be held by videoconference. Signed by Magistrate Judge Alistair Newbern on 1/28/2022. (ln) (Main Document 41 replaced on 1/28/2022) (ln).
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Filing 40
ORDER: Defendants' Motion to Compel and Petition to Show Cause #38 is REFERRED to the Magistrate Judge for disposition. Signed by District Judge Aleta A. Trauger on 1/18/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 39 MEMORANDUM in Support of #38 MOTION to Compel and MOTION for Order to Show Cause filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. . (Longnecker, Joy) |
| Filing 38 MOTION to Compel and, MOTION for Order to Show Cause by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Subpoena, #2 Exhibit B - Return of service)(Longnecker, Joy) |
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Filing 37
AGREED PROTECTIVE ORDER. Signed by District Judge Aleta A. Trauger on 12/29/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 36
ORDER: Motion #35 for Entry of Proposed Agreed Protective Order GRANTED. Signed by District Judge Aleta A. Trauger on 12/29/2021. (ln)
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| Filing 35 Unopposed MOTION for Entry of Proposed Agreed Protective Order by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - Proposed Agreed Protective Order)(Longnecker, Joy) |
| Filing 34 (DISREGARD - ATTORNEY ENTERED IN ERROR - DISCOVERY) NOTICE by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. of Issuing Subpoenas Duces Tecum (Longnecker, Joy) Modified on 12/3/2021 (dt). |
| NOTICE TO FILER re DE#30 , #31 and #34 : Discovery is not filed pursuant to Fed.R.Civ.P. 5(d)(1). These documents are deleted from the docket. (dt) |
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Filing 33
ORDER: Joint MOTION to Amend/Correct Initial Case Management Order #32 is Granted. Extensions as requested. Signed by District Judge Aleta A. Trauger on 11/22/2021. (dt)
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| Filing 32 Joint MOTION to Amend/Correct Initial Case Management Order by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| Filing 31 (DISREGARD - ATTORNEY ENTERED IN ERROR - DISCOVERY) NOTICE to Take Deposition of Corporate Designee by James Archambeault, Julie Archambeault. (Attachments: #1 Exhibit 30.B.6. Exhibit A)(Givens, Aubrey) Modified on 12/3/2021 (dt). |
| Filing 30 (DISREGARD - ATTORNEY ENTERED IN ERROR - DISCOVERY) NOTICE to Take Deposition of Ebony Blount by James Archambeault, Julie Archambeault.(Givens, Aubrey) Modified on 12/3/2021 (dt). |
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Filing 29
ORDER RESETTING CASE FOR TRIAL: Jury Trial is reset for 8/23/2022 at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference is reset for 8/19/2022 at 1:30 PM in room 825 before District Judge Aleta A. Trauger. Exhibit List due by 8/16/2022. Witness List due by 8/16/2022. Proposed Pretrial Order due by 8/16/2022. Signed by District Judge Aleta A. Trauger on 8/31/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 9/7/2021 (dt).
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Filing 28
ORDER: Upon the reassignment of this case to Judge Trauger (Doc. No. #27 ), it is hereby ORDERED that the reference to the Magistrate Judge is WITHDRAWN and all conferences scheduled before her are CANCELLED. The parties shall adhere to the deadlines set out in the Initial Case Management Order (Doc. No. #19 ), unless modified by order of the court. Dispositive motions shall be responded to within 21 days of their filing, and optional replies may be filed within 10 days of the filing of the response. The trial is being rescheduled before Judge Trauger by separate order. Signed by District Judge Aleta A. Trauger on 8/31/2021. (dt)
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Filing 27
ORDER: After consultation with Judge Trauger, this action is TRANSFERRED to Judge Trauger as related to an earlier-filed related case assigned to her. Signed by District Judge Eli J. Richardson on 8/27/2021. (dt)
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| Filing 26 ANSWER to #1 Complaint, by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc..(Longnecker, Joy) |
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Filing 25
ORDER: For the reasons stated in the accompanying Memorandum Opinion, Defendant's Motion (DE #13 ) is DENIED. Signed by District Judge Eli J. Richardson on 7/14/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on text 7/28/2021 (hb).
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| Filing 24 MEMORANDUM OPINION Signed by District Judge Eli J. Richardson on 7/14/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) |
| Filing 23 NOTICE of Change of Address by Joy Boyd Longnecker (Longnecker, Joy) |
| Filing 22 REPLY to Response to re #13 MOTION to Dismiss for Failure to State a Claim filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| Filing 21 RESPONSE in Opposition re #13 MOTION to Dismiss for Failure to State a Claim filed by James Archambeault, Julie Archambeault. (Givens, Aubrey) |
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Filing 20
ORDER: Bench Trial set for 8/16/2022 at 9:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Pretrial Conference set for 8/8/2022 at 8:30 AM in Courtroom 874 before District Judge Eli J. Richardson. Exhibit List due by 8/1/2022. Witness List due by 8/1/2022. Proposed Pretrial Order due by 8/1/2022. Signed by District Judge Eli J. Richardson on 3/2/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 19
INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 7/1/2021. Discovery due by 11/30/2021. Dispositive Motions due by 2/1/2022. Case Management Conference by Telephone set for 9/1/2021 at 09:30 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 3/1/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 3/1/2021. (Hearing lasted 00:11)(sd) |
| Filing 18 PROPOSED CASE MANAGEMENT ORDER (Joint) filed by Wyndham Vacation Ownership, Inc.. (Longnecker, Joy) |
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Filing 17
ORDER granting #16 Motion for Extension of Time to File Response to #13 MOTION to Dismiss for Failure to State a Claim. Signed by District Judge Eli J. Richardson on 2/5/2021. (dt)
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Failure to State a Claim by James Archambeault, Julie Archambeault. (Givens, Aubrey) |
| TN State Bar status verified as active for Joy Boyd Longnecker and Sye T. Hickey admitted to this court. (dt) |
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Filing 15
ORDER: On 2/2/2021, Defendants Wyndham Vacation Ownership, Inc., and Wyndham Vacation Resorts, Inc., filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). (Doc. No. #13 .) Any response in opposition must be filed within fourteen days of service of the motion. An optional reply may be filed within seven days of service of a response. Any filings made related to the motion to dismiss, including motions for extensions of time or to exceed page limits, shall be decided by Judge Richardson unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 2/2/2021. (dt)
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| Filing 14 MEMORANDUM in Support of #13 MOTION to Dismiss for Failure to State a Claim filed by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. . (Longnecker, Joy) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim by Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit A - 2015 Contract)(Longnecker, Joy) |
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Filing 12
ORDER: Initial Case Management Conference by Telephone reset for 3/1/2021 at 10:30 AM. Signed by Magistrate Judge Alistair Newbern on 1/28/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 11 SUMMONS returned executed by James Archambeault, Julie Archambeault. Wyndham Vacation Resorts, Inc. served on 1/12/2021. (Givens, Aubrey) |
| Filing 10 SUMMONS returned executed by James Archambeault, Julie Archambeault. Wyndham Vacation Ownership, Inc. served on 1/12/2021. (Givens, Aubrey) |
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Filing 9
ORDER: This matter is set for an initial case management conference on February 1, 2021 at 10:00 a.m. (Doc. No. 4.) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel need not and should not appear in person. Signed by Magistrate Judge Alistair Newbern on 1/26/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 8 Summons issued as to Wyndham Vacation Ownership, Inc. and Wyndham Vacation Resorts, Inc. (Service copies mailed to counsel of record.) (dt) |
| Filing 7 NOTICE of Summons to be Issued as to Wyndham Vacation Resorts, Inc.. (Givens, Aubrey) |
| Filing 6 NOTICE of Summons to be Issued as to Wyndham Vacation Ownership, Inc.. (Givens, Aubrey) |
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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). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 12/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 4 NOTICE of Initial Case Management Conference set for 2/1/2021 at 10:00 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (dt) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (dt) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| Filing 1 COMPLAINT against Wyndham Vacation Ownership, Inc. and Wyndham Vacation Resorts, Inc. (Filing fee $402, Receipt number 0650-3270079), filed by James Archambeault and Julie Archambeault. (Attachments: #1 Attachment Civil Cover Sheet)(No summons provided with the complaint.) (dt) Modified on 12/7/2020 (dt). |
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