Emerson v. Wyndham Vacation Resorts, Inc.
| Tammy Emerson |
| Wyndham Vacation Resorts, Inc. |
| 3:2022cv00095 |
| February 14, 2022 |
| US District Court for the Middle District of Tennessee |
| Barbara D Holmes |
| Eli J Richardson |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-All Other Real Property |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 STIPULATION of Dismissal with Prejudice (Joint) by Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| Filing 25 STATUS REPORT Joint Status Report by Wyndham Vacation Resorts, Inc.. (Purvis, Austin) |
| Filing 24 STATUS REPORT Joint by Tammy Emerson. (Freeman, Mark) |
| Filing 23 STATUS REPORT (Joint) by Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| Filing 22 STATUS REPORT (Joint) by Wyndham Vacation Resorts, Inc.. (Longnecker, Joy) |
| Filing 21 STATUS REPORT (Joint) by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Ex. A - AAA Correspondence)(Longnecker, Joy) |
Filing 20
ORDER: Following the Court's order of August 1, 2022, staying this case pending arbitration (Docket No. #17 ), the parties filed two joint status reports (Docket Nos. #18 and #19 ) that provided the barest possible information. Going forward, the parties' mandatory joint arbitration status report must include a detailed update on the status of arbitration, including without limitation: whether an arbitration hearing has been set (and, if so, the date of the hearing); what steps or actions are necessary for the arbitration to proceed to hearing or other final disposition; the anticipated timing of a final arbitration decision; and, any other details that would be pertinent to fully advising the Court on the status of arbitration. Further, the parties are given notice that the Court may exercise its discretion to administratively close this case pending a final arbitration award. Failure to comply with the Court's orders will become increasingly consequential. Signed by Magistrate Judge Barbara D. Holmes on 10/11/2022. (ln)
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| Filing 19 STATUS REPORT by Tammy Emerson. (Freeman, Mark) |
| Filing 18 STATUS REPORT by Tammy Emerson. (Freeman, Mark) |
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Filing 17
ORDER: On May 24, 2022, the Court entered an order compelling this matter to arbitration and staying all further proceedings. (Docket No. #16 .) Accordingly, the initial case management conference presently scheduled for August 17, 2022, is CANCELLED, to be reset as appropriate upon any lifting of the stay of this case. The stay is modified to require that the parties file joint periodic status reports to update the Court on the status of mediation. By no later than August 31, 2021, and on the last business day of every other month thereafter. Signed by Magistrate Judge Barbara D. Holmes on 8/1/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 16
ORDER: It is therefore ORDERED, ADJUDGED AND DECREED that the Motion to Compel Arbitration #9 filed by Defendant Wyndham Vacation Resorts, Inc., is hereby GRANTED and this matter is compelled to arbitration before the American Arbitration Association. Any and all further proceedings in this matter are hereby STAYED pending further order of this Court. Signed by District Judge Eli J. Richardson on 5/24/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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| Filing 15 Unopposed MOTION for Entry of Agreed Order Granting Motion to Compel Arbitration by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment - Proposed Order Granting Motion to Compel Arbitration)(Longnecker, Joy) |
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Filing 14
ORDER: On May 11, 2022, Defendant filed a "Motion for Entry of Order Granting Motion to Compel Arbitration" (Doc. No. []13], "Motion"), which included a proposed order. Accordingly, the Motion (Doc. No. #13 ) is DENIED without prejudice as moot, and Defendant instead may file the revised proposed agreed order sending this case to arbitration, together with an unopposed or joint motion to enter such order. Signed by District Judge Eli J. Richardson on 5/23/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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| Filing 13 MOTION for Entry of Order Granting Motion to Compel Arbitration by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Attachment - Proposed Order Granting Motion to Compel Arbitration)(Longnecker, Joy) |
| Filing 12 RESPONSE to Motion re #9 MOTION to Compel Arbitration filed by Tammy Emerson. (Freeman, Mark) |
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Filing 11
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on March 14, 2022, Defendant filed a motion and memorandum to compel arbitration and stay all proceedings (Docket Nos. #9 , #10 ). Responsive briefing shall be in accordance with Local Rule 7.01. The Clerk is directed to forward the motion to the Judge Richardson for his consideration. Subject to further order, the initial case management conference scheduled for April 7, 2022 is RESCHEDULED for August 17, 2022, at 2:00 p.m. to be held telephonically using the Court's conference line at 1-877-402-9753, access code 3808663#. The parties are reminded of their obligation to prepare and file a joint proposed initial case management order in advance of the initial case management conference and to separately email a copy to the Courtroom Deputy. Signed by Magistrate Judge Barbara D. Holmes on 3/15/2022. (bs) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) Modified on 3/15/2022 adding TEXT SUMMARY ONLY...(bs).
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| Filing 10 MEMORANDUM in Support of #9 MOTION to Compel Arbitration filed by Wyndham Vacation Resorts, Inc. . (Longnecker, Joy) |
| Filing 9 MOTION to Compel Arbitration by Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit Exhibit A - Contract)(Longnecker, Joy) |
| Filing 8 SUMMONS returned executed by Tammy Emerson. All Defendants. (Freeman, Mark) |
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Filing 7
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). Signed by District Judge Eli J. Richardson on 2/15/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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| Filing 6 NOTICE of Initial Case Management Conference by Telephone set for 4/7/2022 at 9:30 AM before Magistrate Judge Barbara D. Holmes. (bs) |
| Filing 5 Summons issued as to Wyndham Vacation Resorts, Inc. (Service copies return to counsel by USPS.) (bs) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (bs) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (bs) |
| Filing 2 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (bs) |
| Filing 1 COMPLAINT against Wyndham Vacation Resorts, Inc. (Filing fee $402, Receipt number 0650-3532128), filed by Tammy Emerson. (Attachment: #1 - Civil Cover Sheet)(bs) |
| TN State Bar status verified as active for Mark T. Freeman admitted to this court. (bs) |
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| Plaintiff: Tammy Emerson | |
| Represented By: | Mark T. Freeman |
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| Defendant: Wyndham Vacation Resorts, Inc. | |
| Represented By: | Joy Boyd Longnecker |
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