Wyndham Vacation Resorts, Inc. v. The Consulting Group, Inc. et al

Filing 212

ORDER: For the reasons set forth in the accompanying Memorandum, the court finds as follows: The Motion to Dismiss filed by defendants Jeff Earle and Smokey Mountain Getaways 105 is GRANTED IN PART and DENIED IN PART. The Motion for Judgment on the Pleadings filed by defendants Michael Dean Spigner, Ray Spigner, and The Consultant Group, Inc. (collectively, the "Spigner Defendants") 144 is GRANTED IN PART and DENIED IN PART. The plaintiffs' Motion to Strike 172 is DENI ED. All claims by Plaintiff Wyndham Vacation Management, Inc. are hereby DISMISSED. Future case captions shall reference only the plaintiff Wyndham Vacation Resorts, Inc. ("WVR"). Plaintiff WVR's fraud claims against the Spigner Defe ndants, Earle, and SMG are hereby DISMISSED. WVR's breach of duty of loyalty claim against Dean Spigner is hereby DISMISSED. WVR's remaining claims will proceed. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 5/14/14. (xc:Pro se party by regular and certified mail.) (tmw)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
WYNDHAM VACATION RESORTS, INC.,
and, WYNDHAM VACATION
MANAGEMENT, INC.,

)
)
)
)
Plaintiff,
)
)
v.
)
)
THE CONSULTANT GROUP, SMOKEY
)
MOUNTAIN GETAWAYS, LLC, MOUNTAIN )
GETAWAYS, LLC, JEFF EARLE, SUPERIOR )
VACATIONS, INC. d/b/a SUPERIOR
)
TIMESHARE CLOSING, RAY SPIGNER,
)
MICHAEL DEAN SPIGNER, CHARLES
)
SIMERKA, JUDITH McGINTY, DANIEL
)
GARRETT, and CHRISTAL FRANKLIN,
)
)
Defendants.
)

Case No. 2:12-cv-00096
Judge Aleta A. Trauger

ORDER
For the reasons set forth in the accompanying Memorandum, the court finds as follows:
C

The Motion to Dismiss filed by defendants Jeff Earle and Smokey
Mountain Getaways (Docket No. 105) is GRANTED IN PART and
DENIED IN PART.

C

The Motion for Judgment on the Pleadings filed by defendants Michael
Dean Spigner, Ray Spigner, and The Consultant Group, Inc. (collectively,
the “Spigner Defendants”) (Docket No. 144) is GRANTED IN PART
and DENIED IN PART.

C

The plaintiffs’ Motion to Strike (Docket No. 172) is DENIED.

C

All claims by Plaintiff Wyndham Vacation Management, Inc. are hereby
DISMISSED. Future case captions shall reference only the plaintiff
Wyndham Vacation Resorts, Inc. (“WVR”).

C

Plaintiff WVR’s fraud claims against the Spigner Defendants, Earle, and
SMG are hereby DISMISSED.

1

C

WVR’s breach of duty of loyalty claim against Dean Spigner is hereby
DISMISSED.

C

WVR’s remaining claims will proceed.

It is so ORDERED.
Enter this 14th day of May 2014.

______________________________
ALETA A. TRAUGER
United States District Judge

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