WYNDHAM VACATION RESORTS, INC. v. THE CONSULTANT GROUP, 2:12-cv-00096. (2014)
Court: District Court, M.D. Tennessee
Number: infdco20140515d32
Visitors: 21
Filed: May 14, 2014
Latest Update: May 14, 2014
Summary: ORDER ALETA A. TRAUGER, District Judge. 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 (Docket No. 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") (Docket No. 144) is GRANTED IN PART and DENIED IN PART.
Summary: ORDER ALETA A. TRAUGER, District Judge. 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 (Docket No. 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") (Docket No. 144) is GRANTED IN PART and DENIED IN PART. ..
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ORDER
ALETA A. TRAUGER, District Judge.
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 (Docket No. 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") (Docket No. 144) is GRANTED IN PART and DENIED IN PART.
• The plaintiffs' Motion to Strike (Docket No. 172) is DENIED.
• 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 Defendants, 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.
Source: Leagle
