Nolen et al v. Wyn, Fairshare Vac. Owners Assoc., & RCI
Case Number: 6:2020-cv-00330
Last Updated: May 29, 2023
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Status
Pending ruling on timeshare owners’ appeal
Location
FL MD
Presiding Judge
Judge Byron, MJ Kidd
Date Filed
02/25/2020
Highlights
This prospective class action against a timeshare trust is pending a ruling on appeal.
Case Posture
Claims:
Putative class action re misuse of trust property, breach of fiduciary duty, breach of Arkansas Trust Code (Fairshare Vacation Owners Association is ARK corp.)
Posture:
Pending ruling on timeshare owners’ appeal after Judge Byron’s order granting summary dismissal on Wyndham’s motion for summary judgment; Oral arguments took place March 8, 2023
Summary:
In this prospective class action, timeshare owners (represented by Morgan and Morgan) claimed mismanagement of the the Fairshare Vacation Plan Use Management Trust, a timeshare trust settled by Wyndham.
Selected Events:
| March 10, 2022 Order [143] granting Wyn MSJ July 12, 2021 Endorsed Order [96] (under seal) granting Am. Motion to Certify Class [82]; denying Wyn motion to amend class certification April 9, 2021 Order [76] granting in part M2D SAC, case to proceed on Counts 1 and 6 of FAC (Dec Judgment and Breach of fiduciary duty), Wyn Expert Report: Randall Upchurch (cf Fishkind Report)
Critical Briefs 10/11/22 Timeshare Owners’ Reply Brief [28] 9/6/22 Wyn RB [24] 6/17/22 Timeshare Owners’ AOB [15] |
- Document Links
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Docket link
Operative Complaint
Critical Orders
Critical Briefs
Transcripts
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Parties
Plaintiffs:
Nolen et al
Plaintiffs’ counsel:
Morgan & Morgan, PA
Patrick Barthle
John Yanchunis
Methvin, Terrell, Yancey, Stephens & Miller, PC
James Terrell
Rodney Miller
Barron Law Firm PLLC
Bradford Barron
Defendants:
Wyn, Fairshare Vac. Owners Assoc., & RCI
Defendants’ counsel:
Carlton Fields, PA
Chris Coutroulis
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