# Update on the TravelShare Case (WorldMark)



## ecwinch (Aug 23, 2009)

For those interested, there have was three developments in the TravelShare case this week: 

1) On Thursday (Aug 20), the Judge denied Wyndham's motion to strike a Supplemental Declaration made by the Plaintiffs to introduce some additional evidence regarding the Class Certification. 

2) On Friday (Aug 21), the Joint Case Mgt Conference Statement was filed. This document provides a summary of actions to date, and outlines pending motions awaiting the courts decision. Of these the two main decisions the court will render is on the Plaintiffs motion for leave to file a Fourth Amended Complaint, and more importantly a ruling on the Class Certification motion. This phase of the case hinges on the outcome of the latter motion. A copy of this document can be found over on the WMOwners.com website in this thread.

3) On Wed (Aug 19), the Judge cancelled the hearing of oral arguments regarding the Motion to Adopt And Modify Special Master’s Report And Recommendation. This motion involves Wyndham's Expert Report that had been referred to a Special Master for consideration. The Special Master had made the recommendation that the Expert Report should be allowed. In cancelling oral arguments, the Judge offered the opinion that: 

*"all pending matters will be ripe for decision and the Court shall issue an order or orders on these matters in due course." *

Also in the Case Mgt Statement, both parties outlined their proposed schedule if the case should move forward. The Plaintiffs are recommending a schedule that would bring the case to trial on November 8, 2010. Wyndham is recommending a trial date starting 18 months after the court rules on the pending motions. 

The next date on the docket is an Aug. 28 Case Mgt Conference.


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## BocaBum99 (Aug 23, 2009)

What does this mean in plain English?


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## ecwinch (Aug 24, 2009)

BocaBum99 said:


> What does this mean in plain English?



It is a legal case, so define "plain English". 

BTW - Not sure if you are being sarcastic or just looking for a football score type report (At the half - Plaintiffs 21, Defendants 13 - the Plaintiffs ground game is pounding them) 

I guess I could have written:

1) The judge denied a motion
2) A case mgt statement was filed
3) The judge is getting ready to rule on some stuff

I can adopt that style in the future if that is the detail that people would like. 

I recognize that not everyone is a legal wonk, but I thought I would put this out there for those interested. 

Or are you looking for a CourtTV report where I editorialize what is going on.


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## mtribe (Aug 24, 2009)

A half-time score would be fun!

Along with a little bit of color commentary.  And as everyone knows color commentators don't always know the real scoop so they play to the audience.  So play it up to the plantifs side just for fun


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## ecwinch (Sep 2, 2009)

*Trial Date Set for TravelShare Case*

The court has set a tenetative schedule with a court date for the TravelShare case. Here are the particulars:

Fact Discovery Cut-Off: March 18, 2010
Last day for parties to submit expert reports: April 19, 2010
Last day for parties to submit rebuttal expert reports: May 19, 2010
Expert Discovery Cut-Off: June 18, 2010
Hearing on Dispositive Motions August 13, 2010 at 9:00 a.m.
Pretrial filings will be due: October 18, 2010
(follow the Court Guidelines for Trial and Final Pretrial Conference in Civil Jury Cases)
Pretrial Conference November 1, 2010 at 2:00 p.m.
Jury Trial November 29, 2010 at 8:00 a.m.

Additionally parties have order to Alternative Dispute Resolution (ADR).


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## DH1 (Sep 3, 2009)

Wonderful news!  Thanks for the update..


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## ragtop (Sep 3, 2009)

Is there a place where the expert's report is posted?


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## ecwinch (Sep 3, 2009)

I have a copy of the both of the expert reports (Wyndham's and the Plaintiffs) from the discovery regarding Class Certification, but they are fairly large PDF documents. Wyndham's expert report is about 150 pages. The Plaintiffs is about 45 pages.

If you PM me, I can try to send them to you by e-mail.

Other than that, the only source I am aware of is downloading them from the PACER system (pacer.psc.uscourts.gov) @ 8 cents a page. The case number is #3:07-cv-02361-JSW, in the California Northern District court (https://ecf.cand.uscourts.gov/cand/index.html).

Once the trial discovery is completed the expert reports from the Trial should be posted there.


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## ecwinch (Sep 25, 2009)

For those interested, there were a couple of rulings and orders were issued this week. The most significant ruling was in regard to the pending motions involving the Special Master's Report and the Expert Report of Wyndham's expert Dr. Keeley. The court refers to this as the Keeley Report. 

The key issue before the court surrounded the Special Master's findings regarding this report and the Plaintiffs motion to strike the Keeley Report. Specifically the Plaintiffs objected on the basis that the report relied on documents that should have been made available to the Plaintiffs as part of their discovery request. Wyndham's counter was that some of the documents were protected work product exempt from discovery and some other documents were not made available due to a technical issue. 

The Plaintiffs had asked that the court strike the Keeley Report in it's entirety and impose additional sanctions on Wyndham due to their failure to fully comply with the Plaintiffs discovery request. 

In the order issued on Sept 21 - the court ruled as followed: 
- Denied the Plaintiffs Motion to Strike the Expert Report 
- Denied Wyndham's Motion to Modify the Expert Report 
- Denied Wyndham's Motion to file a sub-rebuttal Report 
- Adopted the Special Master's Report in regard to the status of the discovery documents (that they are allowed) 
- Rejected the Special Master's Report in regard to the recommended sanctions imposed on Wyndham 

In the latter action, the Court assessed Wyndham with 100% of the Special Masters fees (vs recommended 75%), and additionally directed Wyndham to reimburse the Plaintiffs for the costs of filing the Special Motion to Strike.


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## ecwinch (Oct 26, 2009)

*Class certified*

Last week (Oct. 19) the court certified the class for the Travelshare class action suit. Specifically the class covers those members who:

Are residents of California or who purchased their membership in California

AND

Never enrolled/purchased Travelshare

AND

Were members before Nov 5, 2006

The case now moves forward according the schedule previously announced. Below is the exact class definition according to the court documents:

All current WorldMark, The Club members who purchased WorldMark Premier Vacation Credits before November 5, 2006 and who (A) reside in the State of California or who purchased Vacation Credits in California; and (B) did not enroll in the TravelShare program at any time (“the Class”)


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