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

Filing 70

ORDER: MOTION for Extension of Time to Amend 59 is Granted. Amended Pleadings due by 7/1/2013. Signed by District Judge Aleta A. Trauger on 6/12/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

Motion GRANTED
for extension to
7/1/13.

UNITED STATES DISTRICT COURT MIDDLE
DISTRICT OF TENNESSEE AT NASHVILLE
______________________________________________________________________________
WYNDHAM VACATION
RESORTS, INC.,

MCase No. 2:12-cv-0096

Plaintiff,
VS.
Judge Trauger
THE CONSULTING GROUP, INC.,
SUPERIOR VACATIONS, INC.,
SUPERIOR TIMESHARE CLOSING,
RAY SPIGNER, MICHAEL DEAN
SPIGNER, CHARLES SIMERKA,
JUDITH McGINTY, and
JOHN AND JANE DOES 1 – 10,

JURY DEMAND

Defendants.
______________________________________________________________________________
MOTION TO EXTEND TIME TO AMEND PLEADINGS DUE TO DEFENDANTS’
NON-COMPLIANCE WITH DISCOVERY AND RULE 26 DISCLOSURES
______________________________________________________________________________
Comes now Plaintiff, Wyndham Vacation Resorts, Inc., and moves this Court for an
Order extending time to amend Pleadings. This Motion is predicated upon the following:
(1) This litigation relates to fraudulent real estate conveyances. Defendants charge
$3,000 for attorney’s fees to cancel Wyndham contracts, but Defendants’ discovery
responses and deposition testimony refused to provide a name for this attorney.
(Exhibits # 1 & 2);
(2) Superior failed to provide (during deposition, in response to discovery and Rule 26
disclosures) an address or contact information for Kevin Scott Klein to whom Superior
has transferred approximately 34 Wyndham deeds. (Exhibits # 3 & 4);
(3) Wyndham discovered 139 completed fraudulent conveyances. Superior, however,
produced 96 files for completed Wyndham transfers. 43 files have not been produced;
(4) Superior failed to produce any files for approximately 60 uncompleted closings or
conveyances or in transition. (resulting in excess of 100 files not produced); and

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