Reiser et al. v. Marriott Vacations Worldwide Corporation et al.

Filing 94

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on January 9, 2019 ORDERING that the entire Consolidated Actions, including any and all claims related to the Plaintiffs' ownership interests asserted in the Consolidat ed Actions, are hereby dismissed with prejudice, with Plaintiffs and Defendants to bear their own costs and attorneys' fees. The matter having now been concluded in its entirety, the Clerk of court is directed to close the file. (Kaminski, H)

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KURT A. KAPPES (SBN 146384)
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
PHILIP R. SELLINGER (SBN 226468)
IAN S. MARX
(admitted pro hac vice)
GREENBERG TRAURIG, LLP
500 Campus Drive
Florham Park, NJ 07932-0677
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants
Marriott Vacations Worldwide Corporation,
Marriott Ownership Resorts, Inc., The Ritz-Carlton
Development Company, Inc., The Ritz-Carlton Sales
Company, Inc., The Ritz-Carlton Management Company,
LLC, and The Cobalt Travel Company, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS F. REISER JR. AND LINDA T.
REISER, et al.
Plaintiffs,

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Case No. 2:16-cv-00237-MCE-CKD
JOINT STIPULATION AND ORDER
REGARDING
DISMISSAL
OF
CONSOLIDATED
ACTIONS
WITH
PREJUDICE

v.
MARRIOTT VACATIONS WORLDWIDE
CORPORATION, a Delaware corporation, et
al,
Defendants.

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JOINT STIPULATION AND ORDER RE: DISMISSAL OF CONSOLIDATED ACTIONS

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TO THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA:
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the below-listed remaining

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plaintiffs (collectively, “Plaintiffs”) and defendants Marriott Vacations Worldwide Corporation,

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Marriott Ownership Resorts, Inc., The Ritz-Carlton Development Company, Inc., The Ritz-

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Carlton Sales Company, Inc., The Ritz-Carlton Management Company, L.L.C., and The Cobalt

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Travel Company, LLC (collectively, “Defendants”) stipulate to a dismissal of the entire

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Consolidated Actions1, including any and all claims related to the Plaintiffs’ fractional interests

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and The Ritz-Carlton, Lake Tahoe asserted or could have been asserted in the Consolidated
Actions, against all Defendants with prejudice. Unless otherwise agreed to by the parties, each of
the parties shall bear their own attorneys’ fees and costs:
1.

Thomas F. Reiser, Jr., an individual; Linda T. Reiser, an individual; Thomas F. Reiser, Jr.
and Linda T. Reiser, as Trustees of the Tom and Linda Reiser Trust dated June 6, 2006;
Keith A. Briar, an individual; Beverly C. Briar, an individual; and Keith A. Briar and
Beverly C. Briar, as Trustees of the Briar Family Trust UAD 12/21/04

2.

Anthony J. Bates, an individual; and Anthony J. Bates, as Trustee of The Anthony J.
Bates Revocable Trust dated December 28, 2007

3.

Al P. Brende, an individual;

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Russell D. Frazier, an individual; Shannon M. Frazier, an individual; and Russell D.
Frazier and Shannon M. Frazier, as Trustees of the Frazier Family Revocable Trust,
Dated January 30, 2008

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5.

Jason Michael Girzadas, an individual; and Virginia Harley Girzadas

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6.

George Michael Hewitt, an individual; and Rose A. Hewitt, an individual

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7.

Bretton H. Jameson, an individual; and Amy M. Jameson, an individual

8.

Brent M. Jones, an individual; Dana Jones, an individual; and Brent M. Jones and Dana
Jones, as Trustees of the Jones 1990 Living Trust dated July 27, 1990

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9.

Jennifer Kaplan, an individual; and Alexander H. Busansky, an individual

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10.

Stephen F. Lim, an individual

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Michael Lundahl, an individual; and Verlyn Lundahl, an individual

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The consolidated actions consist of: (1) Thomas F. Reiser, Jr., et al. v. Marriott Vacations
Worldwide Corporation, et al., assigned lead Case No. 2:16-cv-00237-MCE-CKD, filed on
February 5, 2016, (2) Arjun Bhagat, et al. v. Marriott Vacations Worldwide Corporation, et al.,
Case No. 2:16-cv-01465-MCE-CKD, filed on June 28, 2017; and (3) Christopher B. Ehrlich, et
al., v. Marriott Vacations Worldwide Corporation, et al., Case No. 2:17-cv-00952-MCE-CKD,
filed on May 15, 2017 (collectively, the “Consolidated Actions”).
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JOINT STIPULATION AND ORDER RE: DISMISSAL OF CONSOLIDATED ACTIONS

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Mark Markland, an individual; Tricia Markland, an individual; and Mark Markland and
Tricia Markland, as Trustees of the Markland Family Trust, dated September 7, 1995

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Craig Mattson, an individual

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Susan L. Moyer, an individual; and Susan L. Moyer, as Trustee of the Susan Moyer
Revocable Living Trust Dated April 18, 2005

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15.

Curtis Wayne Ottley, an individual; and Jennifer Ottley, an individual

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16.

Charles F. Perrell, an individual; Elizabeth A. Guillaumin, an individual; Charles F.
Perrell and Elizabeth A. Guillaumin, as Trustees of The Charles F. Perrell & Elizabeth A.
Guillaumin Living Trust dated June 26, 1998

17.

Cornelius H. Tiebout, an individual; Julie A. Tiebout, an individual; and Cornelius H.
Tiebout and Julie A. Tiebout, as Trustees of the Tiebout Family Trust, dated February
13th, 2003

18.

Annette Leah Welton, an individual; Patrick Lloyd Welton, an individual; and Annette
Leah Welton and Patrick Lloyd Welton, as Trustees of the Welton Family Trust, dated
January 28, 1992

19.

Gregory S. Yonko, an individual; Janice Yonko, an individual; and Gregory S. Yonko
and Janice Yonko, as Trustees of The Yonko Family Living Trust, Dated April 27, 2004

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Arjun Bhagat, an individual; Anita Manwani Bhagat, an individual; and Arjun Bhagat
and Anita Manwani Bhagat, as Trustees of the Bhagat Family Trust, Dated March 24,
1995

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Jay A Morgeson, an individual; and Donna L Morgeson, an individual

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Christopher Band Ehrlich, an individual; and Sara Fried Ehrlich

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IT IS SO STIPULATED:
DATED: January 4, 2019

REISER LAW p.c.
THE MEADE FIRM P.C.

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By: /s/Tyler Meade
Tyler Meade, Esq.
Attorneys for Plaintiffs

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DATED: January 7, 2019

GREENBERG TRAURIG, LLP

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By: /s/ Ian Marx
Kurt A. Kappes, Esq.
Philip R. Sellinger, Esq.
Ian S. Marx, Esq.
Attorneys for Defendants

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JOINT STIPULATION AND ORDER RE: DISMISSAL OF CONSOLIDATED ACTIONS

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Based on the stipulation of the parties, it is hereby ordered that the entire Consolidated
Actions, including any and all claims related to the Plaintiffs’ ownership interests asserted in the

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Consolidated Actions, are hereby dismissed with prejudice, with Plaintiffs and Defendants to

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bear their own costs and attorneys’ fees. The matter having now been concluded in its entirety,

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the Clerk of court is directed to close the file.

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IT IS SO ORDERED.
Dated: January 9, 2019

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JOINT STIPULATION AND ORDER RE: DISMISSAL OF CONSOLIDATED ACTIONS