LITIGATION NEWS

Order on Defendant’s Motion to Compel Wyndham’s Method of Computation of Damages

Wyndham v Square One

The court granted the exit company’s motion to compel Wyndham to respond to discovery seeking Wyndham’s theory of damages: “Plaintiffs’ Supplemental Rule 26 Disclosures claimed ‘actual damages’ of $318,326.33, as the ‘[a]ggregation of unpaid loan balances’ outstanding on Wyndham timeshare owners’ mortgages, punitive damages in the amount of approximately $10,000,000, and an unknown amount of disgorgement damages, corrective advertising damages, and attorneys’ fees. … Defendant contends that Plaintiffs still have not provided it with the “the actual documentation underlying its claimed damages and calculations, such as the mortgage instruments, correspondence regarding the Owners’ payments status, or documentation of any default or breach.’ [ ] The Court finds that Defendant is entitled to this information under Federal Rule of Civil Procedure 26(a)(1)(A)(iii). To the extent Plaintiffs have not already provided Defendant with documents that support its damages calculation, it is required to do so now.”

Click to view: Wyndham v Square One – Order on Defendant’s Motion to Compel Wyndham’s Method of Computation of Damages

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