Mitchell Sussman, Esq. v Soleil

Case Number: 2:18-cv-02218

Last Updated: May 7, 2021

Status

Resolved on 2/21/20 with judgment awarding plaintiff timeshare cancellation attorney declaratory relief on two of three claims.

Location

USDC, District of Nevada (Las Vegas)

Presiding Judge

Judge Jennifer A. Dorsey

Date Filed

11/19/2018

Highlights

Timeshare cancellation attorney obtained a judicial declaration that his website does not constitute false advertising in violation of the Lanham Act nor does his representation of timeshare owners who wish to exit their timeshare contracts constitute a violation of RICO.

Case Posture

Claims:

Timeshare cancellation attorney Mitchell Sussman sued timeshare developers Soleil Management, LLC, Club De Soleil Vacation Club, and Tahiti Village Vacation Club (collectively “Soleil”), seeking a judicial declaration 1) of Sussman’s nonliability for the Lanham Act; 2) of Sussman’s nonliability for RICO; and 3) that Soleil violated California’s Timeshare Act.

Posture:

Resolved with declaratory judgment entered in favor of Sussman and against Soleil as to his nonliability for the Lanham Act and RICO; declaratory judgment denied regarding Soleil’s alleged violation of California’s Timeshare Act.

Summary:

In his complaint, Sussman alleges that on or about May 22, 2018, Soleil’s counsel, Hutchison & Steffen advised him in writing that his website violated the Lanham Act and that his representation of unhappy timeshare owners constituted a violation of RICO.

The court granted Sussman’s motion for summary judgment on the above claims, but dismissed his California Timeshare Act claim.

Selected Events:

On 2/21/20, the court granted Sussman declaratory relief on two of three of his claims. [109]

On 11/18/19, the court adopted the Magistrate Judge’s report and recommendation denying Soleil’s motion for leave to file dilatory counterclaims. [106]

On 10/16/19, Magistrate Judge entered his report and recommendation denying Soleil’s motion for leave to file dilatory counterclaims. [100]

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Transcripts

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Parties

Plaintiffs:

Mitchell Reed Sussman

Plaintiffs’ counsel:

Mitchell R Sussman, pro se; Marc S. Cwik, Patrik Johansson, Kenneth Charles Feldman, Larissa G Nefulda of Lewis Brisbois Bisgaard & Smith

Defendant:

Soleil Management LLC, Club De Soleil Vacation Club, Tahiti Village Vacation Club

Defendant’s counsel:

Jeffrey R Hall, Piers R. Tueller of Hutchison & Steffen, LLC; Joshua Ohiozogie Igeleke, Jr., Hutchison & Steffen, LLC; K Todd Curry, Curry Advisors, PLC