Bauer v Wyndham

Case Number: 6:2021-cv-00585; formerly TN ED Case No. 3:18-cv-262

Last Updated: May 29, 2023

Status

FAC Dismissed as settled 11/2/21 after years of litigation in TN

Location

FL MD 3/21/21- 11/02/21; 6/29/18-4/1/21 Transf fm TN ED 3:2018-cv-00262; removed fm state court

Presiding Judge

Judge Presnell

Date Filed

06/29/2018

Highlights

Case Posture

Claims:

Fraud, Breach of Contract, Unjust Enrichment, Negligent Misrepresentation, Violation of FL Timeshare Act

Posture:

FAC Dismissed as settled 11/2/21 after years of litigation in TN

Selected Events:

Oct. 18, 2021 Order [157] denying Wyn M2D (unjust enrichment), but dismissing good faith and fair dealing based on restricting reservations)
 Ps Motion [156] for Sanctions re 30(b)(6) depo(withdrawn)
Sept. 15, 2021 Order [147] denying Wyn MPO re 30(b)(6) financial discovery
x Wyn MSJ [159] – settled before opposition
x March 31, 2021 ORDER [94] granting Wyn M2D 3AC [42] re TN VOI and Timeshare Act, and re anticipatory breach bc Ps had already breached at time they allege Wyn breached
March 18, 2021 Order [93] granting in major part Ps M2C/discovery sanctions AND denying Wyn MPO re 30(b)(6) financial discovery: some factual basis for punitive damages exists, no Rule 26(f) agreement to conduct discovery in phases, no undue burden; no sanctions based on mixed ruling

Depo of Wyn 30(b)(6) – Joshua Paulk on Wyn finances re punitive damages

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Docket link

Operative Complaint

Critical Orders

Critical Briefs

Transcripts

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Parties

Plaintiffs:

Linda Bauer

Plaintiffs’ counsel:

Donald Hackett

Aubrey Givens

Kristin Fecteau

Defendants:

Wyndham Vacation Ownership, Inc

Defendants’ counsel:

Baker Donelson